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HomeMy WebLinkAboutNCG020801_COMPLETE FILE - HISTORICAL_20171116STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. N C C9�0� D(XJ DOC TYPE LJ COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ YYWMMDO 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: Howard D. Carter Carter Mine Carteret County - Permit No. 16-67 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. MINING PERMIT EXPIRATION DATE: November 1fi 2p17 w 7*4A " NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary January 4, 2012 , { � V� CERTIFIED MAIL 7011 0110 0000 9947 3021 RETURN RECEIPT REQUESTED JAN 0 9 1017. Carter Mine Mr. Howard D. Carter t l 1903 Red Fox Lane Morehead City, North Carolina 28577 Re: 'NOTICE OF DEFICIENCY Carter Mine Permit #16-67 Carteret County Dear Mr. Carter: On December 30, 2012, an inspection of the subject mine was performed by Nicholas Mills of this office (copy of inspection report enclosed.) As you will note, several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: Operating Condition #4A: 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. Mechanical barriers and erosion control measures were not installed in accordance with approved mine plan. Install all mechanical barriers and erosion control measures in accordance with approved mine plan. Operating Condition #4B: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. Dewatering activity observed is not in accordance with approved mine plan. Dewatering activities were along country club drive boundary into a unauthorized system. Dewatering activity should be directed into stilling basin indicated on- the approved mine plan. Dewatering should cease immediately until site is in compliance with the approved mine plan. 3, Operating Condition #4.C. Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007. — The temporary dewatering sediment trap is not constructed as detailed on the approved mine map. The level spreader has not been installed as detailed on the mine map. In the mine application it is stated that water from dewatering activities will be pumped into a sediment basin before discharge through a level Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910.796-72151 FAX: 910-350-2004 Mr. Howard Carter January 4, 2012 Page 2 spreader and into state maintained right-of-way. This is not being achieved. All dewatering activities shall cease and a plan revision should be submitted with a more appropriate method of handling the dewatering activities. 4. Operating Condition #5. - All affected area boundaries (2.95 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. - The mining boundaries have not been marked on site and the tree line that was to act as the clearing limits have been cleared; therefore, making it difficult to distinguish the mining boundary. The affected areas shall be permanently marked. 5. Operating Condition #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. Stock piles have been deposited that are starting to erode within the 50 foot buffer requirement. Slopes are starting to erode and present the potential for offsite sediment. Grade slopes and stabilize them to prevent off site sediment damage. Remove stockpiles and berms that are in the buffer zone requirement. 6. Operating Condition #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. -- Vegetation along Country Club Road and in the southwestern portion of the tract has been removed. No additional vegetation shall be removed that is acting as a visibility barrier, particularly at the rear of the tract. The buffer between Country Club Road and the mining activities need to be stabilized by vegetation or other means. A visibility barrier, such as a fence, shall be installed if mining activities are going to continue for a significant period of time. An expected completion date should be supplied with plan revision. 7. Operating Condition #9 - Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. - The 50 foot undisturbed buffer has been cleared and compromised in various areas, particularly along Country Club Rd, the southern boundary, and the eastern boundary of the tract. A berm and a ditch have been constructed within the 50 foot buffer on the southern and eastern boundary. The buffer should be restored and stabilized with vegetation in any areas the buffer was comprised. The plan revision should include actual affected area and new buffers. 8. Operating Condition #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. - The Department was not notified prior to land disturbing activities outside the mining boundaries or the current dewatering plans. Submit a plan revision addressing the corrective actions noted in this letter. If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, Department Mr. Howard Carter January 4, 2012 Page 2 • of Environment and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site. Please do no hesitate to contact Nicholas Mills at (910) 796-7230 or me at Ext 7305 regarding any questions you may have about this matter. Sincerely, C-7— —C�� j Daniel Sams, P.E., M. E. Regional Engineer Land Quality Section Enclosure: Mine Inspection Report cc: State Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAM Carter Mine 2. MINING PERMIT #1 16-67 3. OPERATOR I Howard D. Carter 4. COUNTY _Carteret 5. ADDRESS 1 1903 Red Fox Lane Morehead City, NC 28577 6. PERMIT EXPIRATION DATE 1 11-16.2017 7. RIVERBASIN White Oak 8. Person(s) contacted at site I No one on site 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes CJ No 11. Date last inspected: 3-18-2014 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: OC44A: 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. OC#4B: All drainage from the affected area around the urine excavation shall be diverted internal to said excavation. OC#4C: Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007. OC#5: All affected area boundaries 2.95 acres shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing. OC#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. OC#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. OC99: Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting.) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. OC# 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. January 12, 2012 Ms. Linda Willis Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, N.C. 28405 Dear Ms. Willis: This letter is to serve as a narrative of mining operations and dewatering procedures for the CLD Pit (Robert Preston Willis) in Carteret County that you visited with us back on September 2, 2011. The type of discharge that will be present on the site will be mine dewatering. Reference is made to the site plan that illustrates the points of discharge from the mine. Robert Preston Willis proposes to dewater mining operations through the following sequence of events. 1. Erosion Control items will be installed prior to any mining activities on the site. Sediment Basins, Diversion Ditches, and Level Spreaders will be installed per plan design before mining activities begin in any area of site. 2. Excavation will begin in pit area 2 (indicated on map) in the southern most point and continuing north. When mining activities extend below the water table, water will begin being pumped into basin 1, where it will have time to settle and once it reaches the height of the level spreader it will flow over the 50 undisturbed buffer back into the wetlands rehydrating them. 3. Excavation will continue in pit area 2 leaving a 10 foot damn between the first I pond and the second pond area, still in pit area 2. Water will now be pumped into the first excavated area then it will be pumped to the basin area 1 and out through the level spreader. 4. Once the third pond area is done we will go back to the first 10 foot damn and knock it out creating a larger area of settling for the water to be pumped from pond area 3 into this larger area then out through the level spreader. 5. This process will continue through out the entire site. 6. There is two extra basins proposed in the plans for dewatering if wetland hydration is inadedquate and needs to be dewatered in multiple areas to distribute equally. These are indicate on the plans by basin 3 and basin 4 7. Basin I and 2 are the original basins to be put in for dewatering, basins 3 and 4 are proposed. 1. Construct basins and level spreaders per design as submitted. 2. Install any silt fencing and diversion ditches that would be required. 3. Then after stripping topsoil, start on pit area. 4. Once we start excavating the pit area one all water will be pumped through basins labeled 1 and 2. 5. Once we get beyond the reach of the excavator we will leave a small dam in place and go to the other side and start excavating. 6. Once we get to a certain point again, (due to the reach) we will again reapt the same process as above. 7. After we move that time we will go back to the first dam that we built and knock it down then we will start pumping water into the already excavated area then once it has left there we will then pump again through the basin to allow more time for sediment to separate and settle. S. We will continue this process until the project is finished. 9. If for any reason the rehydration of the wetlands is not working properly per the submitted drawing we will go back and install extra basins labeled "Proposed" and level spreaders and spread out the dewatering process to accommodate all areas of the wetlands. N VICINITY MAP eid[� VLTLAND CALL TABLES �[ i.i] GPtees[OIS:I�IwI::ti[ x'�i� L11,FgY1_ s!�� N`ev [i'rui�[uwilwi[i[ie'ii>�:iu [�[F0 i0f ±n nv[ O tcx[[eY��i�ii[pipi y 1.>0 iQ•Ssf p lr L-�R w m.2 i6. r tin i WN n, Vl PIT ARTA 2 � xwx�rr 1 Diversion Ditch Detail __..r nnaBsr en�� anne B.mB rx� l a R,IS � .e[iyJSil V•�� ���� u:•a. ra.rw i 1s j "---------`----�. ,, alum ROBERT R WILLIS V0.LIsrCN EpwA WT. Ca;EBET EOUNTT. mI32TN EAREu" (,onway Jean From: Conway, Jean Sent: Wednesday, July 17, 2013 3:32 PM To: Rodgers, Ashley; Georgoulias, Bethany Cc: Bennett, Bradley Subject: RE: Carter Mine Attachments: image001.png; image003Jpg Linda Willis recommended that he apply for the dewatering permit and when I last spoke with him I indicated he would need to send in an NOI but he is convinced that the discharge will completely infiltrate into the neighboring property and will not need a permit to discharge. I looks like the area he wants to discharge into may be a wetland which I explained that he would still need a permit to discharge into wetlands and there is a good possibility the discharge will run into a ditch leading to the Newport River (closed) shellfish area. From: Rodgers, Ashley Sent: Wednesday, July 17, 2013 3:11 PM To: Georgoulias, Bethany Cc: Conway, Jean; Bennett, Bradley Subject: RE: Carter Mine If I remember correctly, they are proposing to discharge through a level spreader. Jean and I discussed the possibility of wetlands, etc. in the area and I have asked them to delineate anything within 50 feet of the proposed new permit boundary in the area of the level spreader. Apparently Mr. Carter didn't sign for my letter, though, and it's on its way back to me. I will have to reseed_ Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh,.NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, July 17, 2013 3:06 PM To: Wehner, Judy Cc: Rodgers, Ashley; Conway, Jean; Bennett, Bradley Subject: RE: Carter Mine Okay, yes — that's the NCG02 application that was withdrawn early last year. We don't have anything from them, unless they resubmitted, and it hasn't been entered into RIMS yet. Any stormwater or dewatering discharges for that one that will need a discharge permit? Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.nrdenr.grgNeb/wghysJsu E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Wednesday, July 17, 2013 3:03 PM To: Georgoulias, Bethany Cc: Rodgers, Ashley Subject: RE: Carter Mine We have a Howard D Carter who has a modification pending. 16-67 and Jean Conway did the review. I think its Ashley's From: Georgoulias, Bethany Sent: Wednesday, July 17, 2013 2:59 PM To: Wehner, Judy Subject: RE: Carter Mine Danny Carter, Morehead City. At least, that's the one I did a search on when I saw who was asking down there ... guess ifs that one? Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http;ogrtal_ncdenr_orglweblwgMrslsu E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Wednesday, July 17, 2013 2:56 PM To: Georgoulias, Bethany Subject: RE: Carter Mine We have several Carter Mines. Do you know who owns it. From: Georgoulias, Bethany Sent: Wednesday, July 17, 2013 2:52 PM To: Wehner, Judy Subject: FW: Carter Mine Hi Judy, Just FYI. A request on status about Carter Mine; not sure if you're in the loop yet or not. They don't have a permit or application to us, far as I can tell. -Bethany Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: h JI rtal.ncdenr.or ebby su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, July 17, 2013 2:48 PM �'1�3 �]3rrurnenis F�i51ar�} inspECliarls tndd¢r� � 'a'i'�.�Sb�S Ea�=9 .414bca1 Lhmd r attad ,7e'e Mat r Aft Ladd r Deftam'-,g UnSift un'd r3E s i E e" aims � .fit zes ns Prnrut PIS i FiE�n—im F2et ti PErrr U-0=3 EaWttTfl?E E-%vrADale Fastad B I 1pdate DatE [I raai:hdrasn 02)'0?.M12 r13M5 DZU3Q412 I] 3na1 irt3m�alnan m sw awiarw 11 pMeDaALaadrurtEr3 O igsnW due dal Baas ifNt� p3nEs 1 V29T2011 I] � irY.�rtrnra3f M MCOMd [.pzrnEs 11,'23,WI 1 4vfp�n rEai ed F]BrPt% ©11 .ASS GaO 1 1 sL--ar'�ir�st-d d13��UMI " f_p�nEs QB�ar�3i1 IRO s=rep3dm eraed it r. s aarmrzoii rI] r_ Ed II& &F201 i burteAaUdsm _reds i � Cl peffnd DrachmArd,'iat-5d E1 sa, lI ry7nes Ilulazoll Pennidissmd LuAiejdumisan carpW,^e011 !�! mince Emma frmwr GEla& - } ir}Ea;is �Ft.#d3 �Pais 1A3 s�ID:Pta'3 To: Conway, Jean Cc: Bennett, Bradley Subject: RE: Carter Mine Jean, Is there a current NCG02 application from Carter Mine? I can't find anything in BIMS. I remember visiting a site called Carter Mine with Linda a LONG time ago with Robert Patterson, but I don't know if that place even had a permit at the time. The only thing I found in BIMS was one that was withdrawn back in 2012: Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http:l/portal-ncdenr.orglweb/wn/ws/su E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Conway, Jean Sent: Wednesday, July 17, 2013 2:22 PM To: Danny Carter Cc: Georgoulias, Bethany Subject: RE: Automatic reply: Good News Danny, Jam not sure of the status of your applications for DEML or DWQ. The contact for the Division of Energy, Mineral and Land Resources (formally Div of LanclQuailty) is Judy Wehner 919-707-9220 ludv.wehner a7ncdenr.gov and for the NPDES mine dewatering permit the DWQ contact is most likely Bethany Georgoulias 919-807-6372 mailto:bethanv.eeorgouliasPncdenr.eov. Contact me if you need more information. lean Conway From: Danny Carter [mailto:danny.carter(cbcartersmachine.net) Sent: Tuesday, July 16, 2013 9:08 AM To: Conway, Jean Subject: RE: Automatic reply: Good News .lean, Good morning hope this message finds you well. 1 am trying to find out the status on our mining permit l have been in and out of town for the last few months on service jobs and have not heard anything do you have a number in Raleigh I can call I think the ladies name was Julie but I'm uncertain. Thanks in advance. Danny Carter Carter Mine Morehead City, NC From: Conway, Jean [mailto.Wn.00nwav ncdenr.gov] Sent: Wednesday, May 08, 2013 1:43 PM To: Danny Carter Subject: Automatic reply; Good News I will be out of the office until Monday, May 13, 2013. Conway, Jean From: Willis, Linda Sent: Monday, June 17. 2013 8:10 AM To: Conway, Jean Subject: FW: Carter Mine in Carteret County Attachments: Carter mine and hurricane irene 006.jpg; Carter mine and hurricane irene 005.jpg Not sure if you saw this email ... The pics are of the ditch and culvert that would relay water to the Newport River (between the golf course and the lady who did not want her property flooded.. I didn't get an answer to this email as I can recall. From: Willis, Linda Sent: Friday, November 30, 2012 3:13 PM To: Sullivan, Shelton; Bennett, Bradley Subject: Carter Mine in Carteret County Shelton, I am trying to schedule a meeting with DLR and Danny Carter (and associates) in our office. I spoke with Brian Lambe (DLR) and he was not too excited about their dewatering to the south side of the pit in the direction of Country Club Road as he did not agree it was possible (without a discharge). As well, one of their NODs told them not to discharge there due to the ponding it created right by country club road. So, I called this morning and asked Danny not to discharge any wastewater from the pit until he gets our permit to do so. Danny said they had not begun dewatering over there. I relayed to both Brian with DLR and Danny Carter, that the walls on the settling basins could give way on the back side of the pit, resulting in a wall of water causing extensive damage to property owners back there. The consultant built their settling basin wails up well above ground level. A heavy rain could compromise the dam walls and once they breach, that's a lot of water that is going to come crashing down. The folks back behind this pit will think they've been struck by a tsunami. Danny spoke of a ditch through the woods about 150 yds away that they could discharge to after getting permission from the land owners. The discharge would go to Crab Point Bay, SA, PNA (HQW). The waters there are prohibited for shelifishing. I need Bradley's recommendation as to whether we should go with an individual permit since we will need to restrict their flow to 50% of the 7Q10 of the tidal creek. These guys have received 3 NODs from DLR. DWQ has not sent any NOVs to them. They (of course) would like to operate under the general permit. We have at least 3-5 mines that discharge to HQW via the individual permit route since we need flow limits. This mine is close to being mined out (as you could see) but they could be active for another 6 months yet. Shelton, if you can discuss this with Bradley and let me know how the CO feels about it.. I can be sure we're all in agreement. At this point, I'm so tired of trying to work through the kinks on this one that I'll agree with any route you all recommend. However we go, we need flow limits, whether via an O & M that is enforceable (and spelled out in the cover letter so that it cannot be misunderstood) or via an individual permit. Linda i _ ', Conway, Jean From: Willis, Linda Sent: Monday, June 17, 2013 8:10 AM. To: Conway, Jean Subject: FW: Carter Mine in Carteret County Attachments: Carter mine and hurricane irene 006.jpg; Carter mine and hurricane irene 005.jpg Not sure if you saw this email ... The pics are of the ditch and culvert that would relay water to the Newport River (between the golf course and the lady who did not want her property flooded. . I didn't get an answer to this email as I can recall. From: Willis, Linda Sent: Friday, November 30, 2012 3:13 PM To: Sullivan, Shelton; Bennett, Bradley Subject: Carter Mine in Carteret County Shelton, I am tyring to schedule a meeting with DLR and Danny Carter (and associates) in our office. I spoke with Brian Lambe (DLR) and he was not too excited about their dewatering to the south side of the pit in the direction of Country Club Road as he did not agree it was possible (without a discharge). As well, one of their NODS told them not to discharge there due to the ponding it created right by country club road. So, I called this morning and asked Danny not to discharge any wastewater from the pit until he gets our permit to do so. Danny said they had not begun dewatering over there. I relayed to both Brian with DLR and Danny Carter, that the walls on the settling basins could give way on the back side of the pit, resulting in a wall of water causing extensive damage to property owners back there. The consultant built their settling basin walls up well above ground level. A heavy rain could compromise the dam walls and once they breach, that's a lot of water that is going to come crashing down. The folks back behind this pit will think they've been struck by a tsunami. Danny spoke of a ditch through the woods about 150 yds away that they could discharge to after getting permission from the land owners. The discharge would go to Crab Point Bay, SA, PNA (HQW). The waters there are prohibited for shellfishing. I need Bradley's recommendation as to whether we should go with an individual permit since we will need to restrict their flow to 50% of the 7Q10 of the tidal creek. These guys have received 3 NODs from DLR. DWQ has not sent any NOVs to them. They (of course) would like to operate under the general permit. We have at least 3-5 mines that discharge to HQW via the individual permit route since we need flow limits. This mine is close to being mined out (as you could see) but they could be active for another 6 months yet. Shelton, if you can discuss this with Bradley and let me know how the CO feels about it.. I can be sure we're all in agreement. At this point, I'm so tired of trying to work through the kinks on this one that I'll agree with any route you all recommend. However we go, we need flow limits, whether via an O & M that is enforceable (and spelled out in the cover letter so that it cannot be misunderstood) or via an individual permit. Linda Conway, Jean From: Willis, Linda Sent: Monday, June 17, 2013 8:15 AM To: Conway, Jean Subject: FW: Emailing: PB290018.JPG, PB290019.JPG, PB290020.JPG, PB290021.JPG, PB290022.JPG, PB290023.JPG, PB290024.JPG, PB290025.JPG, PB290001.JPG, PB290002.JPG, PB290003.JPG, PB290004.JPG, PB290005.JPG, PB290006.JPG, PB290007.JPG, PB290008.JPG, PB290009.JPG, PB2 Attachments: PB290018.JPG; PB290019.JPG; PB290020.JPG; PB290021.JPG; PB290001.JPG; PB290002.JPG; PB290003.JPG; PB290004.JPG; PB290005.JPG; PB290007.JPG; PB290008.JPG; PB290009.JPG; PB290010.JPG; PB290011.JPG; PB290012.JPG; PB290013.JPG; PB290014.JPG; PB290015.JPG; PB290016.JPG; PB290017.JPG More carter mine pies .. if you have these already, just delete the email. -----Original Message ----- From: Willis, Linda Sent: Friday, December 07, 2012 4:13 PM To: Lambe, Brian Cc: Sullivan, Shelton; danny.carter@cartersmachine.net Subject: FW: Emailing: P8290018.JPG, PB290019.JPG, PB290020.JPG, PB290021.JPG, PB290022.JPG, PB290023.JPG, PB290024.JPG, PB290025.JPG, PB290001.JPG, PB290002.JPG, PB290003.JPG, PB290004.JPG, PB290005.JPG, PB290006.JPG, PB290007.JPG, PB290008.JPG, PB290009.JPG, PB2 Brian, Here's some good pictures from Shelton Sullivan, of the Carter Mine. The highest basin is the one directly adjacent to the neighborhood to the East. PB290005 is a good pic to show the difference in elevation of that upper pond to normal ground elevation. PB290013 shows how close the neighbor's yard is to the backside of that pit and there's already water pooling up back there in the wetland area between the two. I asked Mr. Carter to contact me about a meeting to get the issues for this mine addressed and relayed to him that he needs to get up with DLR. He can pursue the general NCG020000 permit. Hopefully I'll hear something from him next week. I wouldn't have believed it without seeing it. But I'm worried a big rain or a leak in the wall could end up with disasterous effects for the neighboring community. Linda -----Original Message ----- From: Sullivan, Shelton Sent: Friday, December 07, 2012 3:55 PM To: Willis, Linda; Conway, Jean Subject: Emailing: PB290018.JPG, PB290019.JPG, PB290020.JPG, PB290021.JPG, PB290022.JPG, PB290023.JPG, PB290024.JPG, PB290025.JPG, PB290001.JPG, PB290002.JPG, PB290003.JPG, PB290004.JPG, PB290005.JPG, PB290006.JPG, PB290007.JPG, PB290008.JPG, PB290009.JPG, PB29001 The pits from Cater Mine and Church site. The message is ready to be sent with the following file or link attachments: PB290018.JPG PB290019.JPG PB290020.JPG PB290021.JPG PB290022.JPG PB290023.JPG PB290024.JPG PB290025.JPG PB290001.JPG PB290002.JPG PB290003.JPG PB290004.JPG PB290005.JPG PB290006.JPG PB290007.JPG PB290008.JPG PB290009.JPG PB2900I0.JPG PB29001LJPG PB290012.JPG PB290013.JPG PB290014.JPG P$290015.JPG PB290016.JPG North Carolina Department of Environment and Natural Resources, Division of Energy, Minerals and Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME]Carter Mine 2. MINING PERMIT 16-67 3. OPERATOR Howard D. Carter 14. COUNTY I Carteret 5. ADDRESS I 1103 Red Fox Lane Morehead City, NC 28577 6. PERMIT EXPIRATION DATE 1 11-16-2017 _7 RIVER BASIN I White Oak 8. Person(s) contacted at site none 9. Was mine operating at time of ins ection? E Yes ❑ No 10. Pictures? E Yes ❑ No I L Date last inspected: 4/23/13 .12. Any mining since last inspection? E Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes E No If no, explain: OC44A: 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. OC#4B: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. OC44C: Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007. . OC45: All affected area boundaries 2.95 acres shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing. 0016: 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. OC#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. OC#9: Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting.) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. OC412 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. ti Carter Mine, 16-67 page 2 of 3 4/23/2013 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: Mine is still active. 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: Mine is currently operating outside permit limits. 16. Corrective measures needed and/or taken: Install adequate erosion control devices and/or mechanical barriers in accordance with approved mine plan. Restore all areas disturbed outside the permitted affected area boundaries. Submit a permit modification request including a modified mining plan. Mark all affected areas of the mine with markers at 100 foot intervals. Reshape all eroding slopes to angle suitable to sustain adequate vegetative cover. Provide screening between the mine operation and the public right of way. Restore buffer zone requirements and stabilize all exposed soil areas within the buffer zone with adequate ground cover. A permit modification request and a modified mining plan should be submitted to N.C.D.E.N.R. that accurately reflects the conditions on site and the methods of dewatering. 17. Other recommendations and comments: Any modification of dewatering activities should be approved through the N.C. Department of Environment and Natural Resources Land Quality Section through the permit modification process stated in Operating Condition # 12. The buffer zone requirements have been compromised by means of land disturbance and excavation. Attempts to reshape the disturbed area within the buffer zone requirements were noted at the time of inspection, but are not sufficient. Need additional stabilizing of the buffers by vegetation or mechanical means. Erosion within the buffer zone requirement was noted at the time of this inspection. All buffer zones should be restored and stabilized permanently. Please contact this office immediately. Refer to Notice of Violation. Please schedule a compliance inspection with this office. Carter Mine, 16-67 4/23/2013 page 3 of 3 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed not in file 19. Follow-up inspection needed? ® Yes ❑ No Proposed date 1 5/15/2013 20. No. of additional pages of Inspection Report 0. 21. Copy of Report sent to o r for 5/2/2013 INSPECTED BY: Brian Lambe DATE 1 5/2/2013 Telephone No: 910-796-7314 Copy to file Copy to operator Copy to Mining Specialist CC 701 ., •• Ifs � r v - J ' •fie .y.�_ w' , • « ,ill � -"� - ; 1 Conway, Jean From: Johnson, Kelly Sent: Friday, November 16, 2012 9:20 AM To: Conway, Jean Subject: FW: NCG020801 - Carter Sand Mine - Stale SW permitting From: Jones, Jennifer Sent: Wednesday, December 14, 2011 9:58 AM To: Johnson, Kelly Cc: Willis, Linda; Jones, Jennifer Subject: RE: NCG020801 - Carter Sand Mine - State SW permitting Hey Kelly, The road looks like its 20'x260' approx. that's 5200 ft sq. I think that this area is probably draining into the pit. When pit water commingles with stormwater — for consistency we've considered it ww (as we consider any water that commingles with wastewater). See our guidance: http://pgrtal.ncdenr.org,/c/document library/get file?uuid=600bfbc2-85a8-4S68-8f3a- 1f5e61cOb891&RrouPId=38364 The vast majority of the water is going to be groundwater they are pumping and dewatering out there. I've sent a copy of the site plan to lnda willis so it should be arriving there soon — so you can take a look at it when it gets there. Let me know if you need anything else or you want to talk about it more. Thanks Kelly! Jennifer Jones Environmental Engineer NCDENR ) DWQ ) Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6379 Fax: (919) 807-6494 Email: iennifer.jonest@ncdenr.gov Website:.http://Portal.ncdenr.orpJweb/wc[/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Johnson, Kelly Sent: Wednesday, December 14, 2011 7:56 AM To: Jones, Jennifer Cc: Willis, Linda Subject: RE: NCG020801 - Carter Sand Mine - State SW permitting ten, This says that the mine will not add 10,000sf of impervious. What is your take on that? This has come up before where they don't realize -that the gravel roads they use for their operation are "impervious". Even if a 10ft wide road is..25mile long it is over 10,000sf of impervious so roads on these sites trigger SSW pretty quickly on the coast. I didn't see the plan attached (I know y'all don't have a big scanner) but if you think it is close I will send him a letter asking him to either apply for a permit or submit data/plans showing he is under 10Ksf. Thanks, K1 From: Jones, Jennifer Sent: Tuesday, December 13, 2011 4:41 PM To: Johnson, Kelly Cc: Jones, Jennifer; Willis, Linda Subject: NCG020801 - Carter Sand Mine - State SW permitting Hey Kelly, I'm just routing to you for due diligence. We have been asked to permit a mine in Carteret County. I've attached info. If you have any issues with state stormwater for this site, please let me know -- however I believe all of the site water runs into the pit. Thanks, Jen Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: 'ennifL-r.iones@ncdenr.gov Webs ite: http://portal.ncdenr.org/web/wa/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations_** A i:1i AL • NCDENR • North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Land Quality Section Beverly EavesPurdue, Governor Director and State Geologist Dee Freeman, Secretary February 29, 2012 NOTICE OF VIOLATION OF MINING PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED Howard D. Carter 1903 Red Fox Lane Morehead City, NC 28577 RE: Mining Permit No. 16-67 Carter Mine Carteret County White Oak River Basin Dear Mr. Carter: This is to inform you and/or your company of a violation(s) of the above referenced mining permit. On February 24, 2012 personnel of this office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1. Operating Condition #4A: 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 take, wetland, or natural watercourse in proximity to the affected land. Mechanical barriers and erosion control measures were not installed in accordance with approved mine plan. Install all mechanical barriers and erosion control measures in accordance with approved mine plan. 2. Operating Condition #4B: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. Dewatering activity observed is not in accordance with approved mine plan. Dewatering activities were along country club drive boundary into a unauthorized system. Dewatering activity should be directed into stilling basin indicated on the approved mine plan and limited to a 1000 gallons per day. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796-7215 / FAX: 910-350-2004 Notice of Violation of Mining Permit Howard D. Carter February 28, 2012 Page 2 of 4 3. Operating Condition #4.C. Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007. — The temporary dewatering sediment trap is not constructed as detailed on the approved mine map. The level spreader has not been installed as detailed on the mine map. In the mine application it is stated that water from dewatering activities will be pumped into a sediment basin before discharge through a level spreader and into state maintained right-of-way. This is not being achieved. All dewatering activities shall cease and a plan revision should be submitted with a more appropriate method of handling the dewatering activities. 4. Operating Condition #5. - All affected area boundaries (2.95 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. — The mining boundaries have not been marked on site and the tree line that was to act as the clearing limits have been cleared; therefore, making it difficult to distinguish the mining boundary. The affected areas shall be permanently marked. Operating Condition #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. Stock piles have been deposited that are starting to erode within the 50 foot buffer requirement. Slopes are starting to erode and present the potential for offsite sediment. Grade slopes and stabilize them to prevent off site sediment damage. Remove stockpiles and berms that are in the buffer zone requirement. 6. Operating Condition #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. — Vegetation along Country Club Road and in the southwestern portion of the tract has been removed. No additional vegetation shall be removed that is acting as a visibility barrier, particularly at the rear of the tract. The buffer between Country Club Road and the mining activities need to be stabilized by vegetation or other means. A visibility barrier, such as a fence, shall be installed if mining activities are going to continue for a significant period of time. An expected completion date should be supplied with plan revision. 7. Operating Condition #9 - Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. — The 50 foot undisturbed buffer has been cleared and compromised in various areas, particularly along Country Club Rd, the southern boundary, and the eastern boundary of the tract. A berm and a ditch have been constructed within the 50 foot buffer on the southern and eastern boundary. The buffer should be restored and stabilized with vegetation in any areas the buffer was comprised. The plan revision should include actual affected area and new buffers. N�rice of Violation of Mining Permit Howard D. Carter February 28, 2012 Page 3 of 4 8. Operating Condition #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. — The Department was not notified prior to land disturbing activities outside the mining boundaries or the current dewatering plans. Submit a plan revision addressing the corrective actions noted in this letter. In order to bring this site into compliance, the following corrective actions must be taken: 1. All dewatering activities should cease immediately and a plan revision should be submitted to handle dewatering activities adequately. 2. The affected areas shall be marked at 100 foot intervals. 3. All slopes should be graded and stabilized to in order to retain sediment. 4. Remove stockpiles and berms that are in the required buffer zone required area. 5. Screening should be provided as required between the mine and the public right of way. 6. All buffer zones should be restored and stabilized in any areas the buffer was compromised. 7. Submit a revised plan addressing the corrective actions in this letter. The applicant may choose to completely reclaim the site in accordance with the reclamation plan in your mining permit. This should include grading and leveling as necessary to restore the surface gradient and side slopes to approved contours, rehabilitation of all sediment basins, and establishing permanent groundcover on all areas disturbed by mining activities. If the above violation is not corrected within 45 days following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Daniel Sams Regional Engineer, at 910-796-7305 or Mr. Tracy Davis, P.E. at (919) 733-4574 regarding any questions you might have about this matter. Very truly yours, James D. Simons, PG, PE JDS/* Notice of Violation of Mining Permit Howard D. Carter February 28, 2012 Page 4 of 4 Attachment: Mine Inspection Report cc: Mr. Tracy E. Davis, P.E. Mr. Bradley Bennett-DWQ NCDENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Beverly Eaves Perdue Dr. Louis B. Daniel III Governor Director MEMORANDUM January 9, 2012 TO: Jennifer Jones Stormwater Permitting Unit Division of Water Quality FROM: Shannon Jenkins Environmental Senior Specialist THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: Proposed NPDES General Permit Carter Mine Carteret County Dee Freeman Secretary --7— 11019 I NV The industrial waste under the proposed NPDES General Permit would discharge to waters that are classified as Conditionally Approved for shellfish harvesting. These waters are able to be opened to shellfishing on a temporary basis when conditions meet certain management plan criteria. These waters contain a significant commercial and recreational shellfish resource. The Shellfish Sanitation and Recreational Water Quality Section is responsible for monitoring and classifying waters as to their suitability for shellfish harvesting for human consumption. We believe that the monitoring frequency, lack of limits for fecal coliform and possible lack of recourse provided by the general permit alone is not protective enough. With public health in mind, we request the following conditions be implemented prior to concurrence: • Monthly monitoring should be required • The discharge should not exceed a 14 fecal coliform/100m1 limit • No discharge should occur during times when the Conditionally Approved waters of Newport River are open to shellfish harvest. cc: Anne Deaton, DMF Linda Willis, DWQ Wilmington Regional Office 3441 Arendell Street, P.O. Box 769: Morehead City, North Carolina 28557 Phone: 252-726-7021 1 FAX: 252-726-02541 Internet: mAv.ncdmf.net An Eaual O000rlunity 1 A`rimnalive Action Emolover One NorthCai-ol i tza & 7-VA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Memorandum Division of Water Quality Coleen H. Sullins Director December 13, 2011 To: Shannon Jenkins Division of Environmental Health Shellfish Sanitation Section P.O. Box 769 Moorhead City, NC 28557 From: Jennifer Jones Stormwater Permitting Unit ; Division of Water Quality Subject: Proposed coverage under General NPDES General Stormwater Permit: Carter Mine, Carteret County (Moorehead City) Dee Freeman Secretary Does this NPDES Stormwater permit cover wastewater discharges? ®Yes ❑No If discharging waste water the estimated discharge flow rate is: 98,000 SLILday. We have requested information from the permittee regarding fecal coliform - I have supplied the information here. The subject facility has applied to the Division of Water Quality for coverage under the General NPDES Permit, NCG020000. Please find attached the facility's application (Notice of Intent). Because this wastewater discharge is into waters classified SA and protected for Shellfishing, we need your Division's concurrence before we allow coverage of this discharge under the General NPDES Stormwater Permit. We request that you advise us as early as possible about whether your Section concurs with issuing coverage for this facility under the General Permit. If you have questions concerning this matter, please contact me at 919-807-6379 cc: Wilmington Regional Office, Linda Willis Stormwater Permitting Unit Files Central Files Attachments REC� 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807.63001 FAX: 919-807-6492 L Customer Service: 1-877-623-6748 Internet: www.newaterqualiity.org NorthCarolin Alxtlllally An Equal Opportunity 4Affirmative Action Employer Page 1 of 1 NCDOT - North Carolina Department of Transportation This message has been sent to District 2 Instructions 1, Print this page (or write down the Tracking Number and URL displayed below) and keep it for your records. 2.If you have provided us a valid email address, in about two days you will receive an email with instructions for how to view the response to your comment. Note: If you choose to submit a comment anonymously, you will not receive this email notification. In order to receive an email notification, you must enter your email address in the Email field. Make sure you retain the tracking number and the URL to your comment for future use, when submitting a comment anonymously. 3.If you do not receive an email within two business days, please go to the URL listed below. Tracking Number: 60859WCV50 URL: Resxase.aspx?TrackingNum4er 6Q859WCV50&U5eL il=linda_willi, nc enrg9_v User Information Name: Linda Willis Phone: (910)796-7343 Email: linda.willis@ncdenr.gov Message Detail Sent By: Linda Willis Date/Time: 12/12/2011 Comment: We have a mine site located on Country Club Road. The mine wants to dewater pit water to a roadside ditch that is Fairly shallow. Within approximately 35 yards it drains to culvert under Country Club Road toward the west and ultimately discharges in the vicinity of the New River. The request is to discharge 100,000 gallons per day of pit water via this ditch system. The neighbors across the street (who own the land that the ditch running perpindicular to County Club Road) have hired a lawyer to address nuisance conditions to their property from the mine dewatering. Can you tell me if this perpindicular ditch has a DOT right of way or easement if it supports drainage of the road side ditch on Country Club Road. Also, would DOT have objections to 100,000 gallons per day discharging to the roadside ditch on Country Club Road from this mine. The approximate location is 1 mile or less north of the golf course on Country Club Road. The property that is being mined is owned by Howard Carter. © Copyright NCDOT NCDOT Home I NC.gov I Accessibility https://apps.dot.state.nc.us/contactus/Confirmation.aspx 12/12/2011 Jones, Jennifer From: Jones, Jennifer Sent: Friday, December 09, 2011 1:20 PM To: Willis, Linda; Floyd Williams Cc: Bennett, Bradley; Wehner, Judy; Jones, Jennifer Subject: RE: Operation & Monitoring Plan & Water Sample Analysis for Carter Mine - Carteret County Attachments: ncg020801 carter mine add info 1.pdf; ncg020801 carter mine responses dec 7.pdf Dear Mr. Williams, Thank you for your response. Unfortunately, you haven't responded completely per all of DWQ's questions (see attached) and your response is deficient. We are not able to process your permit until we receive this information. Please respond to the following: 1. You responded that Mickey Suggs visited the site. You did not respond as to where wetlands are located. Please responds as to the location of the wetlands to the North, South, East, West of the site. 2. You enclosed the corrected address in the letter, but not in the application. Please return the first page of the NOI with the corrected address. 3. Your response to #3 is adequate. 4. You did not provide the flow rate and calculations for the level -spreader. Provide these items in your next submission. Please use the guidance in our NC DWQ BMP manual for construction of your level -spreader, design and calculations. S. Regarding question 5 and the Pumping O&M plan — WiRO will respond to your submission. 6. You have not addressed the legal issues and concerns the neighbors of your site has raised. You must address these concerns, confer with your neighbor, and resolve these issues in order for your facility to be permitted. Please include the conclusion of your discussions with your neighbor (with a written agreement from your neighbor) in your next submission. 7. Response to point number 7 will be addressed by the Wilmington Regional Office. 8. Response to point 8 was adequate. 9. You have not provided an adequate response point 9. DWQ is concerned about pumping pit to pit as RO staff have observed very high water levels in both of these pits, leaving no vacant storage volume for more water to be pumped into either. We will need dimensions of the settling basin to which you propose to pump, it's storage capacity given the groundwater table in that area, and a letter from the neighbors stating that they have no objections to this discharge onto their property (if they indeed own the property that the discharge will be crossing). Please provide the above information by January 9, 2011, or your application will be returned as incomplete. If you are unable to respond by that time, please respond to me in writing, stating a date by which you will be able to respond. Please let me know if you have any further questions, I will be happy to answer them. Thank you, n Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919)807-6379 Fax: (919)807-6494 Email: 'ennifer.'ones ncdenr. ov Website: http://portal.ncdenr.org/web/wg/ws/su ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Willis, Linda Sent: Friday, December 09, 2011 8:52 AM To: Floyd Williams; Jones, Jennifer Cc: Billy Miller Construction & Landscaping; Kay Williams Subject: RE: Operation & Monitoring Plan & Water Sample Analysis for Carter Mine - Carteret County Floyd, Data does not suggest there are contamination issues for this pit water. That's great. Have you shared this info with the owner of the property across the road? They had hired a lawyer concerning the discharge two summers ago. We need to know that the ditch you will be using is not owned by them. Otherwise, we need to know they are on board with this discharge so we don't get involved in a law suit over this mine pit. We'll need an updated mine map that shows the level spreaders, mine pit, settling basin, pit boundaries, wetland location, discharge point, receiving ditch. We'll need dimensions of the settling basin to which you propose to pump, it's storage capacity given the groundwater table in that area, and a letter from the neighbors that they have no objections to this discharge onto their property (if they indeed own the property that the discharge will be crossing). might be missing something here, 1 need to pull Jennifer's letter to you requesting information and see if you covered all the questions we had. Thanks Linda ** Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations.** From: Floyd Williams[mailto:floydwilliamsl@gmail. com] Sent: Tuesday, November 29, 2011 6:14 PM To: Willis, Linda; Jones, Jennifer Cc: Billy Miller Construction & Landscaping; Kay Williams Subject: Operation & Monitoring Plan & Water Sample Analysis for Carter Mine - Carteret County Linda & Jennifer, Attached is the draft Operating & Monitoring Plan for the Carter Mine in Carteret County. Also attached are the results of the mine pit water sample analysis which were received a couple of days ago. I have almost completed my responses to the September 16, 2011, Letter requesting additional items to be addressed. Jennifer, 1 will scan my responses to you and mail the original. N, N, 01% WILLIAMS %10 I'ION II,%ntIIOct ItaI & i'o+i3OcaI Servict's I Lc December 6, 2011 Ms. Jennifer Jones Environmental Engineer NC Department of Environment & Natural Resources Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE.,: General Permit No.: NCG020000 Carter Sand Mine, NCG020801 Carteret County Dear Ms. Jones: P.O. Box 190 1 BATH, NC 27808 (800) 240-8550 WWW.WILLIAMSEGS.COM 1@@@8No DEC , U 7 zaii 'E TLq+yDS QUAUTY AND STAE. R R gRANCN On September 16, 2011, you sent a letter to Mr. Howard D. Carter requesting additional information regarding NPDES Permit Application for the Carter Mine (Mining Permit No. 16-67) in Carteret County. Following are responses to the nine (9) items in your Ietter: 1. I talked with Mickey Suggs sometime ago and he said he did not do a delineation, but just stopped by on the way to another site after seeing a dozer doing some work on the site. Please note that the mine operator has increased the dewatering basins by expanding the surface area and raising the dikes. Also a perimeter ditch approximately 5' in depth and 4' wide has been excavated along the south-southeast side of the mine site. Any overflow from the basins will discharge into the ditch and any overflow from the ditch will circulate back into the pit. This will insure that any nearby wetlands will be recharged. 2. Enclosed is the original signed page 9 of the Application. The facility address is: 2625 Country Club Road, Morehead City, NC 28557. 3. A pump will be utilized which will be restricted to approximately 98,000 gallons for 10 hour pumping periods a day. This results in a discharge rate of 163 gal/min which equals to 21.78 cubic feet/min. = .363 cubic feet/see. Discharge will first flow through a pipe to a stilling basin, then from the stilling basin across a 21' wide level spreader. 4. The width of the level spreader is sufficient for the .36 cubic feet/sec. discharge. . 5. A copy of the Pumping & Monitoring Plan is enclosed and the original will be mailed to Linda Willis. ." i. General Permit No.: NCG020000 Carter Sand Mine, NCG020801 Carteret County Page Two 6. Mr. Miller made a visit to the person that complained while the mine was being operated by the prior operator. That person would not sign anything stating that they were OK with discharge from the mine. 7. Water discharge through the level spreader will flow toward Country CIub Road and enter into a grassed roadside Swale. Flow will follow the roadside swale in a southwest direction and then enter an 18" concrete pipe under Country Club Road. After leaving the pipe, it will go through an existing ditch in a wooded area, and then flow toward the Newport River. The 18" concrete pipe will carry approximately 8 cubic feet/sec. which is adequate to handle the .363 cubic feet/sec. The amount of water to be pumped from the pit area will not create flooding of Country Club Road. 8. Water samples have been taken and analysis of the samples has just been received by the mine operator. (Copy of Report attached.) The analysis did not reveal any issues regarding fecal coliform bacteria. 9. As mentioned above, the basins and perimeter ditch will be utilized, as much as possible, as storage areas for dewatering activities and will provide a recharge source for any nearby wetlands. I do not feel that wetland delineation is needed since measures are being provided to recharge any nearby wetlands. i hope the above responses and the Operation and Monitoring Plan are sufficient for approval. Please feel free to contact me regarding any questions you may have. Sin • ly, Floy R. Williams, PG, CPESC, CPG cc: William C. Miller, Jr. Howard D. Carter Enc. Water Sample Report Operation and Monitoring Plan Original Signature Page of General Permit Application 12/09/2011 10:46 9198076494 WET AND SH2O BRANCH PAGE 02/08 N DTI LLIAMS ��� �n.�irc+nlnental & C'•a�lo�ical SCI-b'ICCC I'13A: December 6, 2011 Ms. Jennifer Jones Environmental Engineer NC Department of Environment & Natural Resources Stormwater Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 RE: General Permit No.: NCGO20000 Carter Sand Mine, NCG020801 Carteret County Dear Ms. Jones: P.O. Box 1901 BATH, NC 27808 (800)240-8550 WWW.Wfi,LlAmsEGS.com b � h� STTf��ALITY ettgl4Ch On September 16, 2011, you sent a letter to Mr. Howard D. Carter requesting additional information regarding NPDES Permit Application for the Carter Mine (Mining Permit No. 16-67) in Carteret County. Following are responses to the nine (9) items in your letter: I talked with Mickey Suggs sometime ago and he said he did not do a delineation, but just stopped by on the way to another site after seeing a dozer doing some work on the site. Please note that the mine operator has increased the dewatering basins by expanding the surface area and raising the dikes. Also a perimeter ditch approximately 5' in depth and 4' wide has been excavated along the south-southeast side of the thine site. Any overflow from the basins will discharge into the ditch and any overflow from the ditch will circulate back into the pit. This will insure that any nearby wetlands will be recharged. 2. .Enclosed is the original signed page 9 of the Application. The facility address is: 2625 Country Club Road, Morehead City, NC 28557. 3. A pump will be utilized which will be restricted to approximately 98,000 gallons for .l0 hour pumping periods a day. This results in a discharge rate of 163 gal/rain which equals to 21.78 cubic .feet/min. = .363 cubic feet/sec. Discharge will first flow through a pipe to a stilling basin, then. From the stilling basin across a 21' wide level spreader. 4. The width of the level spreader is sufficient for the .36 cubic feet/sec. discharge. 5. A, copy of the Pumping & Monitoring Plan is enclosed and the original will be mailed to Linda Willis. 12/09/2011 10:46 9198076494 WET AND SH2O BRANCH PAGE 03/09 \ i � L General Permit No.: NCG020000 r Carter Sand Mine, NCG020801 Carteret County Page Two Mr. Miller made a visit to the person that complained while the mine was being operated by the prior operator. That person would not sign anything stating that they were OK with discharge from the mine. 1 7. Water discharge througb the level spreader will flow toward Country Club Road and enter into a grassed roadside swale. Flow will follow the roadside Swale in a southwest direction and then enter art 18" concrete pipe under Country Club Road. After leaving the pipe, it will go through an existing ditch in a wooded area; and then flow toward the Newport River. The 18" concrete pipe will carry approximately 8 cubic feet/sec. which is adequate to handle the .363 cubic feet/sec. The amount of water to be pumped from the pit area will not create flooding of Country Club Road. Water samples have been taken and analysis of the samples has just been received by the mine operator. (Copy of Report attached.) The analysis did not reveal any issues regarding fecal co.b.form bacteria. 9. As mentioned above, the basins and perimeter ditch will be utilized, as much as possible, as storage areas for dewatering activities and will provide a recharge source for any nearby wetlands. do not feel that wetland delineation is needed since measures are being provided to recharge any nearby wetlands. T hope the above responses and the Operation and Monitoring Plan are sufficient for approval. Please feel free to contact me regarding any questions you may have. Sirs ly, Floy R. Williams; PG, CPESC, CPG cc: William. C. Miller, Jr. Howard D. Carter Fnc. Water Sample Report Operation and Monitoring Plan Original Signature Page of General Permit Application 12/09/2011 1():46 9198076494 WET AND SH20 BRANCH PAGE 04/08 rf Environmental Chemists, Inc. 6602 Windmill Way Wilmington, NC 28405 0—t ic .(910)392-0)M- (Ub) • (910)392-4424 x) Z; n,6 town Road 710 BowserManteo, NC 27954 (252) 473-57r)2 ANALYTICAL & CONSULTING CHEMISTS NCT)ENR. DWQ URTIFICATE V94. DI-S CF-ATIRCATE 937729 Billy Miller Con ' struction Date of Report,. Nov 16, 2011 P.O. Box 1376 Customer PO #: Morehead City NC 28557 Report #: 2011-11700 Attention: Report to: Project ID: Lab ID Sample ID: Pond Collect Dote/Time Matrix Sampled by 11-30374 Site: Grab 11/8/2011 1110 AM Water Mark Jones Test Method Results Date Analyzed TotAl Organic Carbon (TOC) SM 5310 R 1.8 Mq/L 11/09/2()11 Fecal Coliform SM 92220 MF <10 Colonies/100ml- 1110 B/2()l I Comment: Reviewed by: - lt)�7,2,44A-et� Pape. I /ir A Canes a r" 4m ENV RONIMEN' 'AL CHEMISTS, NC "ft%ftvftw**mmcnm mcoeft rm TICII f «"COMM = Co MIm"m f vm OP�ICE ON mx Nr a6sW lAv ud c an PIGa1ECT NNm RtPcgT NG: ma"w2..o . Box -13*i 1p _ CONTACT NAME: PO NO—. COPY M.777 " UMPU TOLD- I + kdbMML 2 r WkWRL W • VAWL MT = 80mom 20 2L • Shmdea auiw- m�e�,mIMMMmoun0000 Environmental Chemists, Inc. 6602 Windmill Way • Wilmington, NC 28405 -(910) 392-0223 (Lab) • (910) 392-4424 (Fax) 710 Bowsertown Road • Manteo, NC 27954 (252) 473-5702 ANALYTICAL & CONSULTING CHEMISTS NCDENR; DWQ CERTIFICATE #94, DI.S CERTIFICATE 437729 Billy Miller Construction Date of Report: Nov 16, 2011 — P.O. Box 1376 Customer PO #: Morehead City NC 28557 Report # 2011-11700 Attention: Report to: Project ID: Lab ID Sample ID: Pond Collect Date/Time Matrix Sampled by 1 1-30374 Site: Grab 11/8/2011 11:30 AM Water Mark Janes Test Method Results Date Analyzed Total Organic Carbon (TOC) SM 5:00 F 1.8 rng1L 11109/2011 F=ecafColiform SMs2nDMF <10 Colonies/100mL 11/08/2011 Comment: Reviewed by: Heporf u_ 2011.11700 �~~�� Page I of Y ��•� 45W ENV RONMENTA . CHEMIS' 'S, INC momdwa +Iew6m me am M mft ma cdlT» ""m t"memo: ma wtun" I m a arras OFl1C8w � FAX li�iW COU=Y M AM CHM OW CUSTODY ammP. LW—Q ami I —,,c LnStruc# � an _pmx-=%Am mwf r Ma:..�f - J� 7D0 - *p : t ,D • 6ox 131 io CON wt MAw _ , - Po No: m�'egn.d _Q-;Ll �c��Ssss'l TO: eEwAx: c�Sa-ra� -Qyd COPY TO: E-auIiL: I fen - 'ck�j !4r d rl P,.,, to SWt'IIlbd Mr.f : _ --It 1=_.✓ _ SAMPLE TYPE: I v bdbjwtL E ■ EML mW. W Won. ST = Ste, SO m 804 IL- ft dm, War. me �m��mm0000000 0� 0 �0 Mp: l-1 r' •_=4„ 1,%���� Ib�11nd 9r:, �;; Y 1 �/t-{�/\/L .Q/. Z Date: a I l TL'�II�p� ' Z 5` O%, Cho: NCDN North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Governor Howard D. Carter 1903 Red Fox Lane Moorehead City, NC 28557 Dear Mr. Carter: Coleen H. Sullins Director September 16, 2011 Natural Resources Arcp stp 2 1201, Subject: General Permit No. NCG020000 Carter Sand Mine, NCG020801 Carteret County Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for The Carter Sand Mine on August 8, 2011. After speaking with staff at the Wilmington Regional Office and the U.S. Army Corps of Engineers, we will require additional information. We will need the following information in order to review your permit completely. Please include the following in your next submission (due October 16, 2011): 1. Please submit a wetland delineation of your site signed by the US Army Corps of Engineers. DWQ understands that one has already been completed by Mickey Suggs. You indicated on the phone on 12/2/2008 that someone from the US Army Corps of Engineers from the Wilmington office had once visited your site, told you that you did not have wetlands, and then told you that they had filed a report for that. PIease send in that report. 2. On the application form you have submitted, you stated that the facility address is 1903 Red Fox Lane, Morehead City, NC. This is not consistent with the Division of Land Quality permit application. Additionally, you have not submitted an original signature on the form. Please correct these and resubmit the information to us — you may submit only the pertinent pages. 3. Please provide flow rate and amount of time for dewatering discharges. 4. Please provide flow rate and calculations for the level -spreader. 5. Please provide a Pumping Operation and Monitoring Plan (O&M) for your facility. See below for more information. Submit this information to the Wilmington Regional Office, Linda Willis. 6. We have received information from an attorney for your neighbor regarding their concerns that mine dewatering water pumped from your site will impact their property. Please show that you have addressed this issue with your neighbor and any similar issues. 7. Please provide information in your O&M Plan to show that if your facility will dewater towards Country Club Road, that mine waters shall not be dewatered such that a hazardous driving conditions or any other flooding conditions on these roads is created. A mine operator must be present at all times when your facility is dewatering to monitor these conditions. 8. Your facility discharges water ultimately to waters classified as Shellfishing Use waters (SA, HWQ, PNA). NC DWQ is concerned that by pumping water from your mine dewatering pit, 16,7 Mail Service Center, Rat_igh, North Carolina 27699-.617 L(• .ation: 5 ' N. Salisbury St Ralt-igh, ' orth Carolina 27E'94 P' ne. 919. •07.63001 FAX: 7 ; 9-307-6.921 Customer c, -virz: 1-V : 7-623-6748 Internet: ww,,.ncwaterquality org Fqval Opp-iunity 1Affirm itiv. Action Em,­per One North C:.rolit : a Nakfsa!ll,�� Mr. Howard D. Carter Cartel M1ne--NCC#020F.0I September 16, 20; 1 you may draw high levels of fecal coliforms fiom nearby septic fields. Please provide information showing that your facility will not pump high levels of fecal coliform bacteria. 9. Your consultant, Floyd Williams, inquired about pumping from pit to pit. DWQ is concerned about that possibility, as RO staff have observed very high water levels in both of these pits, leaving no vacant storage volume for more water to be pumped into either. Additionally, if your facility plans on pumping "pit to pit" without discharging, you will need to modify your DLR permit. Please notify us in your next submission what your facility will do. Please also be aware all NPDES projects located near wetlands or streams, will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG020000. After submittal of your wetland delineation, please contact Linda Willis in the Wilmington Regional Office and she we will notify you regarding DWQ's requirements for O&M Plan approval. An approved Operation and Monitoring Plan (O&M Plan) is required for NPDES-permitted mining facilities and will be required prior to permit issuance. We encourage you to contact Linda Willis at 910-796-7343 to address any wetland or stream concerns for your facility in order.to ensure a successful NPDES application review. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. Additionally, new coastal stormwater management rules (SESSION LAW 2008-211) were implemented October 1, 2008. Due to these new rules you may be required to apply for an additional State Stormwater Permit. Please contact Kelly 3ohnson in the Wilmington Regional Office at 910-796-7345 to determine if you will be required to submit an application for this additional permit. The requested information should be received at this office prior to October 16, 2011, or the application will be returned as incomplete. If you cannot return the information by this time, please request an extension in writing. If you have any questions concerning the NPDES permit approval process, please contact me at telephone number (919) 807-6379. Sincerely, JJennife ones Environmental Engineer cc: Wilmington Regional Office, Linda Willis Division of Land Resources, Mining Section, Judy Wehner Floyd Williams, Williams Environmental & Geological Services, PLLC, P.O. Box 190, Bath, NC 27808 Central Files Stormwater Permitting Unit Files 1617 NIa Service Center, Raleigh, P xln Carolina 27699-1617 Location- 512 � J. f _.;isburySt. Raieo` , North l' +rolina 27604 C,le Phone: e 9-07-6, )01 FAX: 919-H, -61)2l { :stomer Service- -8: 7-62. -6748 Ne rthCaro' ~_na Internet, wA%v,ncw;-terquality.org 1 AnEqur Opportunity'• ffamativekDui tnA1adurallffpioyer T� —1 6q-1 S 1 2 o t( OPERATION AND MONITORING PLAN Carter Mine Carteret County Operator: Howard D. Carter Facility Name: Carter Mine The Carter Mine is located approximately 3 miles northwest of Morehead City and approximately 3 Miles on Country Club Road northeast of Highway 70. A mining permit'(Mine Permit No. 16-67) was issued for this site on November 16, 2007. The excavation area'is approximately 2.30 acres. The permitted mine depth is 12 feet from natural ground elevation with 3 horizontal to 1 vertical or flatter slopes to the water line and 2 horizontal to 1 vertical or flatter below the water line. Natural ground elevation where excavation is taking place was 15 to 16 feet above MSL. Some wetlands exist within 400 feet south — southeast of the pit area. DESCRIPTION AND OPERATION OF THE MOUNTAIN TRACT MINE DEWATERING ACTIVITIES: Dewatering activities will consist of pumping pit water from the pit area into holding basins and a perimeter ditch located along the south-southeast area of the mine site. Pit water will also be pumped from one pit to another as long as storage capacity exists. A berm has been left between two pit cells. The mine operator plans to utilize a pump at times to pump pit water through a discharge pipe to a stilling basin where the discharge will flow across a 12' wide level spreader. Discharge water will flow through a discharge pipe to an existing level spreader and will discharge in'a north northwest direction through the woods on -site then southwest through a well vegetated roadside swaie along Country Club Road. The flow will then enter an 18" culvert under Country Club Road. Flow will discharge from the culvert and enter an existing well vegetative ditch that runs through the woods northwest of the pit area. From here it will flow toward Newport River. Storm water from disturbed areas around the pits will be directed into the excavation areas. The pumping rate is anticipated to be approximately 98,000 gal/day for a period of 10 hours per day. This will result in a discharge amount of 163 gal/min which = 2.72 gal/sec. This flow rate results in approximately 21.8 cubic ft/min or .36 cubic ft/sec. The 12'wide level spreader and the 18" concrete pipe under country club road are well over adequate to pass the anticipated flow amount and should not cause any problems regarding flooding of Country Club Road. Monitoring: All storm water and wastewater discharges within the permitted boundary associated with land disturbing activities shall be monitored, analyzed and reported as required by the NPDES General Permit No. NCG020000. The intent of the permit is to minimize potential negative impacts to water quality. The mine operator shall keep a copy of all records related to inspections, reports, etc. regarding storm water/wastewater and provide these records to the Division of Water Quality as required by the General Permit. - ni- �: - � --- ; r i J •41 1761 1� 9 /� ✓ i %% % 1177 € - 1176 612 .12 1626 1724 V f JI - 1611 '12 ' 1625 1678 I I 1177 .10 1222 1` 1643 ti > I I I y' T r6� ✓ 1�9.48 I I ,yp 1221 1737 '36 I655 \ 0 I.3p _ m 1741 I ti 1262 1656 Odi t a I e1o0, .14717}6 .0✓\ \ I 1177 e 0 11 I6 .48 1277 .1^np1277_ lfi 0 8 117 •02 1714 .18 �\ 7 "JJJJI "7_ 1130871243 1629.14 1177 1 2-1 176 .04 .12 17 0 °:Sq o08 1717 .24 i 11 nor .15 7 ' Y rn o ry 16 r 1708 71 o .241608 1701711 — > y ..1277 mg 13 R.21 I 1716 N i {{{ 160 0 160 04 _-1_?� �1712 • SS i 9 1609 m _ 172�1} _ � _ _1715 l_` I _ ` I �158 1 ^ I ..4 / 1243 \. ri I, 55 6 11761176 "a Car- - - Rdi� 5- Camp Glen L I 1602 70, 117 �9 I 1176 - .p� .19 .24 -Qk 1.41 F o 1627 1606o - j•P - 174 �. r � le r f , J6 'e, '/ t yY o CONSTRUCTION PAD MINE EXCAVATION AREA S- �090 rt 4 DIKE a/ i `-VO ! MINE EXCAVATION AREA l `L04,_ o PUMP LOCATION STILLING BASIN WITH LEVEL SPREADER i eta,✓ , f 1 �.E 9 USCMA2,Gi Rife 'Aor- P CT C� Ass 5 ,5TPN P, 13ASrN SA-0 AF4 12It ix 3'DrF--Q �77L�NG �SsN I�-' /K ;.i LFVyL. 1rf Design Criteria . Aggregate Size —Use 2-3 inch washed stone. Dimensions of gravel pad — Thickness: 6 inches minimum Width: 12-ft minimum or full width at all points of the vehicular entrance and exit area, whichever is greater Length: 50-ft minimum Location —Locate construction entrances and exists to limit sediment from leaving the site and to provide for maximum utility by all construction vehicles (Figure 6.06a). Avoid steep grades and enwmces at curves in public roads. 2-3 " coarse aggregate KUWAKD D. CARTER CARTER MINE APPLICATION FOR GENERAL PERMIT NCG020000 MINING PERMIT NO. 16-67 Carteret Countv SCALE: 1't = 60' Date Map Completed: $//`+1.z0 /t 04-1 rb ro Q Ll r Carter Mine 0 & M Plan Page 2 The BMP Controls shall be inspected, at least weekly and within 24 hours following a storm event which produces a discharge. All maintenance of these BMP measures shall be documented. The maintenance shall include, but is not limited to, good housekeeping, repair of measures, cleaning out and maintaining the stilling basin & level spreader and other areas below the level spreader. Replacement of any sediment filled rip rap will take place as necessary to prevent downstream impacts. If sediment enters any wetlands or other negative impacts are observed, operations shall cease, the Division of Water Quality shall be notified, and adequate preventative measures shall be promptly implemented in order to correct the problem, prior to resuming the operation. This Operation & Monitoring Plan was written by: Floyd Williams Williams Environmental & Geological Services, PLLC November 29, 2011 . . y Im one O . LATENT Division of Water Quality I Surface Water Protection National Pollutant Discharge Elimination Systein NCG020000 FOR AGF.KY Use ONLY i7r a Iteaind Yen mwlth Tl+i -Catirswte orGncraEc � Q i Check s •. Amodnt , Puniiit JiCqand to - - - National Pollutant Discharge Elimination System application for`coverage under General -Permit NCG020000 STORMWATER DISCHARGES 'associated with activities classified as: SIC (Standard-industrial,Classification) Code-14Xx;, Mineral Mining Industry (except as specified below) The following activities are also included: Active or inactive mining operations (including borrow, pits —except for NCDOT borrow pits) that C tscha stormwater contaminated with or that has come in contact with, any overburden, raw material, i` piodur ts;`fen shed product''s, byipradtaets or uvasfe'prodt cts,Iocatl.ed on,tMe� Re af..s_uch"o{ieratio Stormwater from vehicle maintenance activities at mining operations; Overflow from facilities that recycle process wastewater_, and/or Mine dewatering (wastewater) The following activities are specifically excluded from coverage gnder thls General Peft Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater from operations and/or concrete operations; Stormwater discharges associated with oil and gas extraction operations;.and • Stormwater discharges associated with tourist gem mines NCDOT borrow pits are covered under NCS00t7150 rge !late The°following discharges are covered by NPDES: eneral permit NCG520000 instead of-NCG020000: Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new.mining sites that,requfre an authorization to construct (A TC) wastewater treatrinent.facilities: This NOI is also an APPLICATION'FOR an'ATC for new wastewater treatment facititle_s'. ATC requests must be submitted at least 90.days prior to construction'. For existin ,mining sites that -require an. Authorization to Operate (A TO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction modiflcathin or installation of any -dew treatment components at an e)dsting site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used,to treat or,recycle wastewater at mining sites will require an ATC r�ior to construction. per 15A NCAC 2H .0138, Please seethe NCG020000 General Permit for details about which treatment facillties requlre,an ATC (summarized in Table l'below). The authorization to constructor continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must. comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities subject to the ATCIATO requirements in the.NCG02 permit at new or existing mining sites requires submission of three (3).sets of plans and specificatlons signed Page 1 of 9• 'As per 15A NCAC 2H .0106 2Untess treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed and sealed by a P.E: SWU-NCG02-NOI Last revised 06/07/2010 NCG020000 N.O.L and sealed by a Professional Engineer (P.E.) or qualified staff? along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. J Table i Suin nary rnit of Wastewater.PerRequtrements Quarterly . ,Monitoring?:_. Requires _ A to Ct Mine Dewatering (MD) Yes ., No Yes NO MD Discharges that do not need treatment other than E&5C to meet permit conditions MD Discharges that need treatment other than E&SC to meet permit conditions Process Wastewa"ter- Other Recycle Closed Loop Recycle ✓ _ Any Other Process WW 7 For questions, please contact the DWQ Regional Office for your. area. (See page 7J (Please print or type) 1.) Mailing address of ownerloperator (address to which -all permit correspondence will be mailed): Owner Name Howard D: Carter Owner Contact . Howard D. Carter Street Address 1903 Red Fox Lane City Morehead:=City State NC ZIP Code; 28557, Telephone No. Fax: E-mail Address 2) Location of facility producing discharge: Facility Name Carter Mine Facility Contact Howard D. Carter Street Address 1903 R91 Fox Lane .. City Morehead City: _ _ _ _. State NC ;ZIP Code 28557". County Carteret Telephone No. Fax: (252).726 - 9429 t Contact E-mail 3) .Physical Location -Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from'a roadway intersection). Travel east^on.Hyw 70. Just west of Morehead Cltir . :.# L..—L ...— 'rIA .wi.a----- . *..v.. 1-" ^- QAAd 04—f Cwt-1— and 4r.. 1 n.......v..wnl..i.. i —.I-- 4"__ � turn left on Country Club Road. Continue on Country Club Rd. for.1,pprroximately 2.7.miles. Mine will be . on riAht side -of raod. 4) Latitude N 34' 44' 59" . Longitudes W 760 44' 17" (degrees, minutes, seconds), y Page 2 of 9 SWU-NCG02-NOI Last revire V712010- NCG020000 N.O.I. __Permits. 5) This NPDES permit Application applies to which of. the following: New or Proposed Fadility Date operation is to begin X Existing ❑ New Permit not applicable — ATC request only. NPDES Permit Number 6). Standard Industrial Classification: Provide the 4 digit.Standard Industrial_ Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 4 2 7) Provide a narrative, description of the types of minerals mined at this facility: Sand 8) Is this mine an inactive mine site? X No ❑ Yes :If yes, do you posses an "Inactive Renewal' from DLR and notified the DWQ Regional Office or have you certified to the DWQ,that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already -have a valid Mining Permit from the Division of Land Resources (DLR)? No If No, please indicate the status of the Mining Permit application:, X Yes If yes, please provide the Mining Permit number: 16-67 Please also provide a copy of your DLR Mining Permit with this DWQ application. Note: DWQ-cannot issue a COC for -tire NCG020006'General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? X No ❑ Yes If yes, list the permit numbers'for all current NPDES permits for this facility: 11) Does this facility have any Non -Discharge. permits (ex: recycle permits)? X_:No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Does total area of this mine site include ready ,mix and asphait'areas? )(=No ❑ Yes If yes; do they,have.DWQ stormwater permits (if owned by the same company)? ❑ No ❑ Yes (provide permit number ) If not owned by the same company, who is the owner?,. 13)WII this mining_operation precede development activities at this site? X No ❑ Yes 14),Is this mine located within one of the:20 Coastal Counties and will it add more than 10,000 ft2 of impervious,; surface? X No — It is' in a, Coastal County but will not add impervious surface. I Page 3 of 9 SWU-NCG02-NOI Last revised 617t2010 NCG020000 N.O.I. D-yes, If yes, you may be required to apply for an additional state stormwater permit Check with your local Regional Office. See contact information and checklist below. 16) Is this mine located in the Neuse, Tar -Pamlico, or Catawba River Basin, or, the Randleman or Jordan Water supply Watersheds? X No ❑ Yes if yes, what size stream buffers are included on site?' ft. Please show buffers in site plans. Discharge Points, Receiving Waters & Wetlands: 16), Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Newport River If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm, sewer system (e.g. City of Raleigh municipal storm sewer). NIA Receiving water classification (if known):. Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by. the N.C. Dept:,of Environmental Health: If DEH does not approve, coverage_unifer NCG020000'cannot be granted. No new discharges of wastewater are permitted in receiving: waters classified as WS-I or4r�eshwater QRW. Wastewater discharges to SaltwaterORW will not be approved under the NCG02 General Permit. 17). If your facility has wastewater discharges and they are to HWQ, PNA waters jPrimary Nursery Areas} waters, what is the flaw rate? NIA (See htt);Ilwyvw:ncdmf.netlmans/FNA maps(ndex_html, for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater" 1 Mine dewatering:: 1, Process Wastewater Overflow: Offsite: Stormwater: Mine dewatering: Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Pleas e:provide-short,norradve description, of:discharges! 'Mine Oi3eratpr.will dewater.frOm'One Cflt to; nf�`er uihon"nn�alkla'S"3^"Q�ienn�p��rnn'will,Fvaufili'ynel x•noaAarl.wl�irFi' mitt rlianl�sinetr�n nrns+er, a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No X Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site) X Other (on -site or off -site) Describe: Onsite .Woods then into existini .,. metatl_v_cswaleslditches then ends -up it the New�oor(Riyttr: T b) Are you dewatering but not discharging? (Answer only if you are dewatering) X No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NCG02-NOI Last revised 617/2010 NCG020000 N.O.1. 19) Will mining,operations require dewatering near wetlands or�impact any stream; groundwater, or wetlands? X No Yes, Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that,have the potentiai:.to drain wetlands. or otherwise impact;surface water or groundwater MUST develop and implement a Pumping Operation and Monitoring_(O&M)•Plan that has been approved,by the Division. For sites that may drain wetlands -- approval of a Pumping O&M piawmay be required prior to coverage under this general permit. The Pumping O&M.PIan should -be submitted to thei appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited,to, (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts„and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20)' If you are dewatering, are there wetlands or surface waters within`400' of the mine pit -perimeter? _Nd _X_ Yes If yes, what distance are they from the'mine pit perimeter? +i-100 _ ,:feet. 21) Have you been required to obtain a 404/401 Certification permits? X No Yes If yes,. please briefly describe below (include information such a required. mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent informationj. Attach other sheets as necessary: NIA 22) Have you been required to obtain a wetland delineation certified by the,US Army Corps of Engineers? X No ❑ Yes `If yes, please attach to application submission. ,Stormwater BMPs: 23) Does this facility employ. any best management practices for stormwater control? ❑ No X,Yes If yes, please briefly describe: Will discharge from pit to pit when possible.+ .will utilize a 3" sOmr) puma as necessary and,discharged pitwater will flow flow into a stilfina basin then over a level spreader. - 24) Does this facility.have a. Stormwater Pollution Prevention Plan? X No 0 Yes If yes, when was it implemented? 25) Will vehicle maintenance activities occur at this facility? X No ❑ Yes Page 5 of 9 SVVU-NCG02-NOI Last revised W12010" NCG020000, N.O.I. . Wastewater -Treatment Facilities: 26) Will mine dewatering discharges occur? (An,ATC1ATO is required for wastewater treatment facilities' dewatering discharges where EBSC devices alone will. not meet effluent lisimits andlor protect wa_te_ equality standards). ❑ No r , X-Yes 27) Will discharges of overflows.from process wastewater treatment systems occur? {ATC or ATO required, unless closed -loop recycle system) X No ❑ Yes If yes, answer the following questions for each wastewater treatment, system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give. design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria. or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General,Permit. (Use, separate sheet(s)] ..b. Does this facility employ chemical additives to -flocculate suspended solids? ❑ -No ❑ Yes If yes, please state the name; manufacturer and the quantity of average daily usage of the chemical additive _ t Note: Please see our website for a list.of evaluated polyacrylamide (PAMS) products for use in North Carolina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?" , 28) Are wastewater treatment facilities (including recycle systems) planned in -the 100-year flood plain?' X No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219,) Other. 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? X.No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? X No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Page 6 of 9 SW1J-NCG02,NO1 Last revised 5/712014 NC3020000 N.O.L.- Type(s) of waste:. How is material stored: . Where:is material stored:. How many disposal shipments per year: _ Name of transport./ disposal vendor: _ Vendor address:_ 30) Are you'applying for, a;mining permit in the same location as a previously permitted mine? X No ❑ Yes If,ye% specify permit number and name if known: 31) Does.your site have an active landfill within the mining permit boundary? X No 77 ❑ Yes If yes, specify type: ❑ LCID ❑ Other: 32) Is your facility providing appropriate secondary containment for.bulk storage of liquid materials? See permit text online for secondary containment requirements. X No ❑ Yes firial`CFieckiis This application will: be -returned as incomolete,unless all of the following items have been included and, initialled for. Please show that the following required information has been included by initialing'in each space below., Fee of $100 made payable to NCDENR Completed application and all supporting documents Copy of the valid approved mining permit (MP) for the facility or indication of MP application status 5 N_ Copy of a county map or other general location map that shows the mining site and nearest major roads Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly / shows': site, I&atioh, Wirelation.to nearby stieams; itietiands,:atid'otiiai'+iira_ tars, etc.; J 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands fI,' cteariji[lelineated. A,copy;of your DLR mining permit A,copy:oi your US Army Corps -approved wetland delineation if you marked "yes" to question 22 above. ILniine_skte is in one of the 20 Coastal Counties; U Applicant has checked with the appropriate regional office to verify the need,for a Coastal State � p Stormwater permit. Regional Office Contact:. RS ,, Applicant has included a detailed list of impervious surface areas and, percentages; sub -drainage areas and total drainage area. If the mine is dewatering and.near wetlands, or may otherwise impact surface waters or groundw dater, includea ollowin and contact your,Iocal regional -office about a Pumping O&M :Plan (see below for contact information). You may be.re-quired to provide -an approved Pumpinci O&M plan priorto_ NCG02 issuance. 2 copies of detailed Full Size Plans delineating areas on the olans and fisting acresa (including: - wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas; settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply),.applicable buffers, and access and/or haul roads); Well information (design,. depths_, maintenance) Page 7 of 9 5WU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. Physical monitoring for the wetlands areas Setting pond sizing information, if applicable Level spreader design, if applicable iDetails about dewatering method ton. of-in'fiuence calculations ii 'r : D_escriptiontof measures to prevent erosion and flooding ascription ,i'itlforrriation about 401/404 permits that have been obtained opy;of US°Arf�.Corps of Engineers wetland delineations or approved wetland delineation (if applicable) I have contacted n1y local regional office about a Pumping Q&M Plan, act: Regional Office Cont+cr�G- ., �}; f t S Date contacted '� !( I will not any impact nearby wetlands, surface waters or groundwater by dewatering. �-lf an ATC orATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, 7 and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site; the plan must show that stormwater will not be mixed with wastewater. - Certification. North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material tact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the :[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars (a10,000). I hereby request coverage under the referenced. General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the.same manner as an individual permit. agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide -by the approved Mining Permit for this mining activity. (A copy of the valid` mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3.- 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4, - 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5,. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground. waters. Page 8 of 9 SWU-NCG02-NOI Last revised 6M2010 Aug 04 11 11:18a William C. Miller, Jr. 252-726-9429 P1 MCG020000 M.4.1: l 6gir ,tp'2Wde`t>y•the,provtsivris as fis- ibove and recognimthst the;grovisians`are to 6e-6. nsidemd as: forba—, I requiremarits of 1tt9;Getitstd!'Ptrtftiii .. i oertity-lhat t em;fare,haE: ' .t?ie'trrfarrrrafEort Dont8lned In thii'appEication'and:that ,to tfra 66stbf rl Arrrwtedge_ and laelief such information is true, complete, and accurate. Printed name of Person Signing i4! r` r 7 Title: .(Signature' of ApOkant) (Data Signed) Notre &f intont'musk tie accompaniod by;a check orrnorreyr.ord#t ' far.�10t1.00 nm.de,payatil6;ta:NCDEHR,.- Mail the entire package to: Stormwater and General Permits unit Division of Water Quality 1617 Mail Servsce Center Raleigh, North Garoline 27699-1617 The.sirtunissiost of thts`dacumsrii_sioes not guarantee the Issuance;of isn NF.D7ES;patriiil. _ For questions, please contact the UWQ Regional 01Yke far your. area. '�W�Rhal'Oi}fc�GotltaCLrttonrnaUo_rt: ,. Ashetiit� Of1'iCe (826) Z95-�4`�QO. �`/aii�.on.5airm � * -�_ � �• _ � r; t l.�N, l •'T N .f Fay eltevillg:l3ffice (814) 433-33D0 '"'• . • cl�sgft Z Nlowv"119R'Offtce (704):663169$' •Y + "r Raleigh dff{G8� {919),791-021?[t As6c0lc Mcoroetiillr Washington'Otfias {(252) t346�4Bt • • -- _ - VSliirrtirgtori ,4ffica.. ;(91 t7} 796-7215 wnstoli-Salem '.(336j;7f71�Q0. :Central,©ffice �.,: _....: - `�lil-rTing:aa I Page 9 of 9 , sW U-NCG02-Nql pest reraed 6r7M to 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 1'5A NCAC 5 B, and other applicable laws, rules and, regulations Permission is hereby granted to: Howard D. Carter Carter Mine Carteret County -Permit. No. 16-67 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. . MINING._PERMIT EXPIRATION DATE: November 16. 2Q17 I . NCG020000 N.O.L. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as . enforceable requirements of the General Permit: I certify that I am familiar with the information contained in this application and that to the best of my knowledge f and belief such information is true, complete, and accurate: tt Printed Name of Person Signing:._ M! %`" `' of r`, dG ►''. I -=..Titte: 4e_ r' (Slgr a€ure of Mph ant) (Dare Signed) I Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. I Mail the entire package to: l Stormwater and General Permits Unit Division of Water,Quaiity 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617 Note The submission of this document -does not guarantee the issuance of an NPDES permit.. For questions, please contact the DWQ Regional Office for your area. t]VAtQ Reiaianal.Ofiice'Contact'tnfonration: Asheville Office ...... (828) 296-4500 FayetteviHe Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699. Raleigh Office .....,,, (919) 791-4200 Washington Office ... (252) 946r6481� Wilmington Office ... (910) 796r7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 9 of 9 SWU-NCG02-N0I Last revised 617I2010 WILLIAMS Voice j Fax (800) 240-8550 P.O. Box ] 90 Fsivirunme rtal & Gcol4cal krvicrs eu.,- Bath, NC 27808 www. WilliamsEGS.com August 4, 2011 FQD__�R@[R0W[M Stormwater and General Permit Unit ALIC 2011 Division of Water Quality 1617 Mail Service Center °EHa WATER QUAL vMa<tenaaa n�,a Raleigh, NC 27699-1617 RE: NPDES General Permit Application NCG020000 Howard D. Carter Carter Mine Carteret County Stormwater and General Permit Unit: Enclosed is an application for a NPDES General Permit NCG020000 and a check in the amount of $ 100.00 for the application fee for Mr. Howard D. Carter in Carteret County. The mining permit for this site was issued on November 16, 2007. An application for a NPDES General -Permit Application NCG020000 was previously applied for but was returned by Division of Water Quality for additional information. I have been retained by the mine operator, William C. Miller, Jr., to file another application for a NPDES General Permit for the Carter Mine. The mine operator intends to pump water from one pit to another and, as needed, utilize a 3" sump pump. The pit water from the sump pump will discharge through a PVC pipe into a stilling basin and from there, by way of a level spreader, flow through the woods on site then into a well vegetated roadside swale along Country Club Road. Flow will continue southwest along the roadside swale until it drains through an 18" culvert under Country Club Road. From that point, it will enter a well vegetated existing ditch and flow toward the north and eventually end up in the Newport River. 0- Stormwater & General Permit Unit Carter Mine August 4, 2011 Page Two The mine operator does not intend to pump over 98,000 gallons/day on any given day. The permitted depth of the mine is 12 feet below natural ground. Linda Willis with the Division of Water Quality in the Wilmington Office is very familiar with this site. I will e-mail her an Operation & Monitoring Plan within the next couple of days. If you have any questions regarding this application, please contact me at: (252) 714-2976 or (800) 240-8550. Si Floyd R. Williams, PG, CPESC, CPG cc: William C. Miller, Jr. Howard D. Carter Enc. Application Package Application Fee: Ck. # 1036 from WEGS 1� 4T1� Division of Water Quality /Surface Water Protection National Pollutant Discharge Elimination System NCDENR via, Cu U_ ierwr•cn• w Cnv�_ .•, N.w.,,nAnc,waaa NCG020000 NOTICE OF INTENT VOR A(;I-.N(;Y I ISE. ONLY Daic Rceefsvd Year \lmul, D's+' Cud icatc -it Coss mEr G o Di Asno,mt Ina W IOC). Permit Assigned to National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000'. STORMWATER DISCHARGES associated with activities classified as: SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that stormwater contaminated with or that has come in contact with, any overburden, raw material, i products, finished products, byproducts or waste products located on the site of such operatio • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or • Mine dewatering (wastewater) / The following activities are specifically excluded from coverage under this General • Stormwater discharges associated with peat mining, coal mining, and metal mining,- Stormwater discharges from mining operations which are intermixed on site with stormwater from operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NC DOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (A TC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For existing mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction_ modification, or installation: of any new treatment components at an existing site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC rp for to ponstruction per 15A NCAC 2H .0138. Please seethe NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities subject to the ATCIATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed Pagel of 9 'As per 15A NCAC 2H .0105 =Uniess treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed and sealed by a P.E. SWU-NCG02-NOI Last revised 06/07/2010 NCG020000 N.O.I. and sealed by a Professional Engineer (P.E.) or qualified staff along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table is Summary of Wastewater Permit Requirements Quarterly Monitoring? Requires A to C? Mine Dewatering (MD) Yes No Yes No MD Discharges that do not need treatment other than E&SC to meet permit conditions ✓ MD Discharges that need treatment other than E&SC to meet permit conditions ✓ Process Wastewater Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process WW ✓ ✓ For questions, please'contact the DWQ Regional Office for your area. (See page 7) i (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Owner Name Howard D. Carter Owner Contact Howard D. Carter Street Address 1903 Red Fox Lane City Morehead City State NC ZIP Code 28557 Telephone No, Fax: E-mail Address 2) Location of facility producing discharge: Facility Name Carter Mine Facility Contact Howard D. Carter T Street Address 1903 Red Fox Lane City Morehead City, State NC ZIP Code 28557 County Carteret Telephone No. Fax: 052) 726 - 9429 Contact E-mail 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). Travel east on HVW 70. Just west of Morehead City at Hlahwav 24 intersection, turn left on Bridne Steet Extension and travel approximately .5 miles then turn left on Country Club Road. Continue on Country Club Rd. for approximately 2.7 miles. Mine will be on ri ht side of raod. 4) Latitude N 34' 44' S9" Longitude W 760 44' 17" (degrees, minutes, seconds) Page 2 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. Permits: 6) This NPDES Permit Application applies to which of the following: New or Proposed Facility Date operation is to begin X Existing ❑ New Permit not applicable -- ATC request only. NPDES Permit Number 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 4 2 7) Provide a narrative description of the types of minerals mined at this facility: Sand 8) Is this mine an inactive mine site? X No ❑ Yes If yes, do you posses an "Inactive Renewal' from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? No If No, please indicate the status of the Mining Permit application: X Yes If yes, please provide the Mining Permit number: 16-67 Please also provide a copy of your DLR Mining Permit with this DWQ application. Note: DWQ cannot issue a COC for the NCG020000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? X No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? X_ No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Does total area of this mine site include ready -mix and asphalt areas? X No ❑ Yes If yes, do they have DWQ stormwater permits (if owned by the same company)? ❑ No (provide permit number ) If not owned by the same company, who is the owner? 13) Will this mining operation precede development activities at this site? X_ No ❑ Yes ❑ Yes 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? X No — It is in a Coastal County but will not add impervious surface. Page 3 of 9 SWU-NCG02-NOI Last revised 6t7/2010 NCG020000 N.O.I. ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) Is this mine located in the Neuse, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? X No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge Points Receiving Waters & Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Newport River_ If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). NIA Receiving water classification (if known): Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted In receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 17) If your facility has wastewater discharges and they are to HW4, PNA waters (Primary Nursery Areas) waters, what is the flow rate? NIA (See htt :/1 .ncdmtnet/ma s/FNA ma sfindex.html, for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: 1 Mine dewatering:: 1 Process Wastewater Overflow: Offslte: Stormwater: Mine dewatering: Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges. Mine Operator will dewater from one pit to the other when possible. A 3" sump Pump will be utilized as needed which will dischame no greater than 98,000 gld on any given day. The pump discharge will enter a 10" pvc pipe which will discharge over a level spreader then flow @long a roadside swale then will flow under Country Club Road by way of a 18" concrete pipe. _Also stormwater from disturbed_ areas will be -directed to the -mining pits. a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No X Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site) X Other (on -site or off -site) Describe: Onsite Woods then into existing vegetative swaleslditches then ends u in the New ort River. b) Are you dewatering but not discharging? (Answer only if you are dewatering) X No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NCG02-NOI Last revised W12010 NCG020000 N.O.I. 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? X No Yes Note: Wetlands must be CLEARLY DELINEATED on the site plan, Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — approval of a Pumping O&M plan may be required prior to covera a under this general permit. The Pumping O&M Plan should be submitted to the appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact yourlocal Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? --- No _X_ Yes If yes, what distance are they from the mine pit perimeter? +1-100 feet. 21) Have you been required to obtain a 404/401 Certification permits? X No Yes /f yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: NIA 22) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? X No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? ❑ No X Yes If yes, please briefly describe: Will discharge from pit to pit when possible. will utilize a 3" sump pump as necessary and discharged nit water will flow flow into a stilling basin then over a level spreader. 24) Does this facility have a Stormwater Pollution Prevention Plan? X No ❑ Yes If yes, when was it implemented? 25) Will vehicle maintenance activities occur at this facility? X No ❑ Yes Page 5 of 9 SWU-NCG02-NO] Last revised 6[712010 NCG020000 N.O.I. Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATCIATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices atone will not meet effluent limits and/or protect water quality standards). ❑ No X Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed -loop recycle system) X No ❑ Yes If yes, answer the following questions for each wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)) b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Catalina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? X No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? X No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? X No ❑ Yes d) If you answered yes to questions b. or c., {Tease provide the following information: Page 6 of 9 SWU-NCG02-NOI last revised W712010 NCG020000 N.O.I. Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport I disposal vendor: Vendor address: 30) Are you applying for a mining permit in the same location as a previously permitted mine? X No ❑ Yes If yes, specify permit number and name if known: 31) Does your site have an active landfill within the mining permit boundary? X No ❑ Yes If yes, specify type: ❑ LCID ❑ Other: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. X No ❑ Yes Final Checklist: This application will be returned as incomDlete unless all of the followina items have been included and Initialed for. Please show that the following required information has been included by Initialing in each space below. Fee of $100 made payable to NCDENR Completed application and all supporting documents �oJl^ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status Copy of a county map or other general location map that shows the mining site and nearest major roads Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly / shows site location in relation to nearby streams, wetlands, and other waters, etc. ✓ 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands 61*0 / clearly delineated A copy of your DLR mining permit 1 N A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 22 above. if mine site is in one of the 20 Coastal Counties, 013 Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. V/ If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, include the following and contact your local regional office about a Pumping O&M Plan (see below for contact information). You may be required to provide an approved Pumping 0&M plan prior to NCG02 issuance. 2 copies of detailed Full Size Plans delineating areas on the plans and listing acreage (including: J • wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). Well information (design, depths, maintenance) Page 7 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. Physical monitoring for the wetlands areas Settling pond sizing information, if applicable Level spreader design, if applicable u4Details about dewatering method Cone of influence calculations Description of measures to prevent erosion and flooding ascription &.information about 401/404 permits that have been obtained Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicabte) I have contacted my local regional office about a Pumping O&M Plan. Regional Office Contact: L"J ilgw Date contacted: -OR- 1 will not any impact nearby wetlands, surface waters or groundwater by dewatering. If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this N01 (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Certification: North Carolina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. i understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4, 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5, 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground. waters. Page 8 of 9 SWU-NCG02-NOI Last revised 6t712010 Aug 04 11 11:18a William C Miller. Jr. NCG02DOOO N.0.1. 252-726-9429 p.1 1 agree to abide by the provisions as. listed above and recognize that the provisions are to be considered es en(brceabie requirements of the Geherat Permit i dertity that tam familiar with the information contained in tttis application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: P 1741 Tide: �00*10-e 4 .40 ��� _-f� - � - r/ ( gnalure of Applicant) (Date Signed) Notice of intent must be aacompaniod by a check or motley order for $100.4Q made payable to NCOEXR. Mail the entire package to. Stormwater and General Permits Unit Division of Water Cluality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 is DWO The submission of this document does not guarantee the issuance of an NPDES parmit. I r For sa mwWonA please contem the DWQ Reglonal Office for your area. L� Reatonat Office Contact Information: Asheville Office __ (82B) 298.4500 winsro� Yioiem Fayetteville Office ... (910) 433-330i3 -Pala"s is Mooresville Office ..- (704) 663.1699 . w.13�in�or . i . Raleigh Ofi"Ice ........ (919) 791-4200 Washington Offioe ...(252) 946-0481 Wlimington Office_ (910) 796-7215 - Winston-Salem ...... (336) 771-5004 ray�trey"?" Central Office, .......... (919) 807-6300 -- NJiSniingiaa Page9of9 SWU-tlCG02_N01 Last revised 6r7M10 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing. - Title: Z96✓ 4e K (Signature of Applicant) P^ 7 IV_ S " T_ ' Z (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 7914200 Washington Office ...(262) 946-6481 Wilmington Office... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 9 of 9 SWU-NCG02-NOI Last revised W12010 12/09/2011 10:46 9198076494 WET AND 5H20 BRANCH PAGE 08/08 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true., complete, and accurate_ Printed Name of Person Signing: Title: /!200 4-r- r (Signature of Applicant) (Date Signed) Notice of Intent crust be accompanied by a check or money order for $100A0 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit For questfons, please contact the DWQ Regional Office for your area. DWq_Rec�lonal Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office .._ (704) 663-1699 Raleigh Office ........ (919) 791-416b Washington Office ...(252) 94001 Wilmington Office ... (910) 799=1215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-5300 Page 9 of 9 SVVU-NCt.s02-N0I Last revise0 6f712010 hs CC;02[ac�60 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins Governor Director May 6, 2009 Howard D. Carter 1903 Red Fox Lane Moorehead City, NC 28557 Dee Freeman Secretary Subject: Return of General Permit No. NCG020000 Carter Sand Mine COC NCG020740 Carteret County Dear Mr. Carter: The Division of Water Quality's Stormwater-Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for The Carter Sand Mine on November 3, 2008. After an initial review of your permit we requested additional information in two letters dated December 3, 2008 and December 18, 2008. 1n these.letters we requested an updated stormwater General Permit NCG020000 N01, a copy of your original mining permit application, a wetland delineation or any wetland delineation. information you have, an 0&M plan, for you to contact Linda Willis at the Wilmington Regional Office, flow rate and amount of time for dewateririg discharges, a mining map with stormwater outfalls marked, and flow rate and calculations for the on -site level spreader. The due dates for these items were Monday January 5, 2009 and Monday, January 19, 2009.- As you have not provided these items, nor contacted the DWQ to discuss or schedule submission, and have egregiously passed the due date of submission for these items we are returning your application as such. If you have any questions please contact Jennifer Jones at (919) 807-6379 / jennifer.jones@ncdenr.gov, or Linda Willis at (910) 796-7215 I lihda.willis@ncdenr.gov. Sincerely, efinifer oh' s } J e Environmental Engineer Stormwater Permitting Unit Attachments CC: Wilmington Regional Office, Linda Willis Division of Land Resources, Judy Wehner DWQ Central Files Stormwater Permitting Unit Files Wettands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64941 Customer Service: 1=877-623-6748 . lntemet: www.ncwaterquality.org An Equal O000rtunity 1 Afiirma4ve Action Emolover Rp,c�Xvmr> MAY 0 7 2009 Nne orthCarolina Naturally ,'A i'F90 ta - Michael F. Easley, Governor Howard D. Carter 1903 Red Fox Lane Moorehead City, NC 28557 Dear Mr. Carter: . William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H Sullins, Director Division of Water Quality December 18, 2008 DEC 2 $ Z008 BY:---- '. - Subject: General Permit No. NCG020000 Carter Sand Mine — Add- information #2 COC NCG020740 Carteret County The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for The Carter Sand Mine on November 3, 2008. After an initial review of your permit we requested additional information in a letter dated December 3, 2008, After speaking with the Wilmington Regional Office and the U.S. Army Corps of Engineers, we will require additional information as well as the previously requested information in our letter dated December 3, 2008. We request that you submit a wetland delineation of your site signed by the US Army Corps of Engineers. Please be aware that if your project is located near wetlands or streams, your NPDES permit will require dewatering operations without wetland or stream impacts. The specific requirements for mine dewatering at facilities near wetlands and streams can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http://h2o.enr.state.nc.us/su/Fonns_Documents.htm. See Section C, Part I of the permit on the page labeled, "Part III Page 5 of 9". An approved Operation and Monitoring Plan is required for NPDES- permitted mining facilities. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. After submittal of your wetland delineation, please contact Linda Willis in the Washington Regional Office and she we will notify you if we will require additional O & M plan information. If we,will require an Operation and Monitoring Plan we will ask that it be submitted to the Wilmington Regional Office before issuance of an NPDES permit. We encourage you to contact Linda Willis at 910-796-7343 to address any wetland or stream concerns for your facility in order to ensure a successful NPDES application review. This wetland delineation should be received at this office prior to Monday, January 19, 2009, or the application will be returned as incomplete. If you need additional time to complete your submission please contact me in writing at the below address or at jennifer.jones@ncmaiLnet. tCarolina urrr!!� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal OpportuniWAffirmative Action Employer - 50% Recyciedll0% Post Consumer Paper Mr. Howard D. Carter Carter Sand Mine — NCG020740 December 18, 2008 If you have any questions concerning the NPDES permit approval process, please contact me at telephone number (919) 807-6379. Sincerely, C)V-11 Jennifer Jones Environmental Engineer cc: Wilmington Regional Office, Linda Willis Carolina Engineers, 2500 Hwy 70 East, P.O. Box 1595, New Bern, NC 28562 Central Files Storrnwater Permitting Unit Files 1 NOr'thCarOlina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service lnterhet: www.ncwaterauality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opporlunity/Affirmative Action Employer — 50% Recycleclh(% Post Consumer Paper 1466ak North Carolina Department of Envirtnnient and Natural Resources: (NCDENR) Wilmington Regional Office (910) 7-716-7215 Michael F. Easley, Governor William G. Ross Jr., Secretary FAX COVER SHEET Date:- E 08 ------------------- #pages--- 3--------------------------------- C� f-lr s--- - � �4e----------- � � �S 5--------- 1'0:------------ - - - -- -- -- ------ From: ---- - Co:--------------------------------------------------- Division:-- -- - --------------------- --- Fax: Fax: # 910- 350- 2004 Remarks: 127 Cardinal Drive Est. Wilmington North Carolina 28405-3845 *Fax# - 910-350-2004 Reviscd 7/2008 Conway, Jean. From: Bethany Georgoulias [Bethany.Georgoulias@ncrnail.net} Sent: Thursday, December 04, 2008 2:50 PM To: Jennifer.Jones Cc: Linda Willis; Kelly Johnson; Georgette Scott; Jean Conway Subject: Re: NCG020740 Carter Mine in Carteret County We would revise that supplement effluent sheet accordingly, if there are more stringent limits. The next renewal will incorporate those into the permit proper, though, which it should have had all along. -BG Jennifer Jones wrote: > yes you are right I think - their discharge goes across private > property via a ditch. > *also, I thought we had PNA waters covered in our NCG020.. we don't, > we are covered for the HQW (20 mg/L) but not PNA (10 mg/L).. how > would we remedy this? * I think we have some added language we attach > to it?. Bethany? > *the receiving stream would be classified as SA.* its SA/HWQ/PNA. > > > > Linda Willis wrote: >> Jen, » >> The Carter Mine discharges to the Newport River.. the receiving >> stream would be classified as SA. I'm not sure DEH knows we have the >> 14/28 fecal coliform limit in permits discharging to SA waters. >> Also, I thought we had PNA waters covered in our NCG020.. we don't, >> we are covered for the HQW (20 mg/L) but not PNA (10 mg/L).. how >> would we remedy this? Carter Mine.. I need to look again at this >> one because I'm told their discharge goes across private property via >> a ditch. If we issue the permit.. I'm afraid we'll have the private >> owner of that property mad. A lawyer is already involved. I'll fax >> you a letter from the lawyer today. >> LW » >> Linda >> Jennifer Jones wrote: >>> oh and they already had a mining permit issued 3/2009. »> >>> for that case that sounds pretty vested to me.... but for others i >>> think the question is still out there.... »> »> >>> Kelly Johnson wrote: »> »» Jen, »» 1.) Is this an existing mine? They did not answer that question on »» the NOI. If it is existing, then we will have to determine if it is »» vested. I found the attached info on vested rights on our share »» drive. Basically, these documents describe the activities people »» could have undergone before October 08 in order to be considered to »» be covered by the old rule. »» 2.) What is the BUA square footage? It sounds like SPU-Central »» Office decided at the recent staff meeting that if a mine is over »» 10,000 sq-ft and proposed under the 2008 Coastal Stormwater rule »» that it needs a State Stormwater permit. It is my understanding »» that this would require that the mine not be "vested" under the old »» rule. And, it is my opinion that unpermitted (illegal) mines in »» existence and operating before October 2008 are NOT vested if they »» apply for a NCG02 and/or a State Stormwater permit for their mine. »» I would also apply this philosophy to mine expansion applications. »» It is also my understanding that the SPU-Central Office's 10,000 »» sq-ft decision applies not only to mines between 10,000 sq-ft and »» lac, but to all mines over 10,000 sq-ft. So, the previous issue »» with l�-acre mines not triggering the E&SC, which in turn, did not »» trigger the need for a State Stormwater permit is no longer an »» issue. It is my understanding that all new or expanding mine »» applications in coastal counties with BUA over 10,000 sq-ft need a »» State Stormwater permit unless they can establish being "vested" »» under the old Coastal Stormwater Rule. »» »» I am sure that you all will have a hallway meeting about this. If »» you guys are able to confirm my last sentence under #2, and if you »» have some ideas about what "vested" means for mining operations »» that would be appreciated. Also, I would like to explore the idea »» of asking for the BUA on the mine application so that we can »» quickly establish if a State SW permit is required. And, [ would »» also like to discuss ways we can potentially combine mining and »» State Stormwater permit reviews where applicable. 7777 »» You weren't busy this afternoon were you? »» »» :) KJ » 7> »» »» Jennifer Jones wrote: »» »»> Hi Linda, »»> We've received an NO] from Howard Carter (Carter Mine) for their »»> site in Moorhead City (Carteret County) for coverage of their sand »»> mine under NCG02 (Mining SW/WW permit). The site discharges »»> stormwater and mine dewatering water into a UT to the Lumber River »»> (SA, HWQ, PNA) through a level spreader. The NO[ is attached. »»> Their Mining Permit (16-67) from DLR was revised 3/2009, and it »»> looks like you guys already notified them that this site needed an »»> NPDES stormwater permit as well. I think this is the site that »»> Bethany and you and Robert went to? »»> »»> They may also need a state stormwater permit so I am cc'ing Kelly »»> Johnson on this email. It depends if they have already built the »»> gravel road or if they are building other impervious surface. »»> »»> They are also have *wastewater and are draining to Primary Nursery »»> Area *so I have asked Shellfish Sanitation to give us their »»> input/permission to issue. »»> »»> I looked at the soils maps and there were two *soils that look »»> like may have some very wet characteristics*. * Do you know if »»> they have done a wetlands survey? * I have attached the County GIs »»> soils map and 2 pertinent descriptions that I am concerned about. »»> »»> *Do you think they need an O&M plan? * Bethany said you know all »»> about this site so if you could give me a call that would be great. »>7> »»> The questions I have about this site are that: »»> 1. need to see if they have done wetlands delineation »»> 2. soils look like wet types »»> 3. may need State SW coastal permit if they are putting in a »»> driveway (> 10,000 ft2 of BUA) »»> 4. SIC code is wrong »»> 5. not lat/long »»> 6. drains to SA, HWQ, PNA »»> 7. what was their mining permit modification for? »»> 8. how many outfalls do they have? only level spreader marked on »»> the site plan »»> 9. where is the dewatering coming out? over level spreader? »>77 »»> I will call them and ask them for these unless you can weigh in on »»> some of these questions... »»> »»> Does the Wilmington Regional Office have any concerns about »»> issuing this facility a COC for this general permit, and are there »»> any potential impacts to wetlands? If we don't receive any 2 >>>�>> objecItions, we'll issue the COC in 30 days »»> Thanks and have a great Thanksgiving! »»> »»> Jen »»> Jennifer Jones »»> Environmental Engineer »»> NCDENR I DWQ I Stormwater Permitting Unit »»> 1617 Mail Service Center, Raleigh, NC 27699-1617 »»> 512 N. Salisbury St, Raleigh, NC 27604 »»> »»7 Phone: (919) 807-6379 »»> Fax: (919) 807-6494 »»> Email: jennifer.jones@ncmail.net »»> Website: http://h2o.enr.state.nc.us/su/ »» »» Kelly Johnson »» »» Environmental Engineer »» NC Department of Environment and Natural Resources »» Surface Water Protection Section »» Wilmington Regional Office »» 127 Cardinal Drive Ext. »» Wilmington, NC 28405 »» »» Office: 910.796.7345 »» Fax: 910.350.2004 »» »» > > Jennifer Jones > Environmental Engineer > NCDENR I DWQ I Stormwater Permitting Unit > 1617 Mail Service Center, Raleigh, NC 27699-1617 > 512 N. Salisbury St, Raleigh, NC 27604 > Phone: (919) 807-6379 > Fax: (919) 807-6494 > Email: jennifer.jones@ncmail.net > Website: http://h2o.enr.state.nc.us/su/ Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 807-6372 fax (919)807-6494 3 �QF W A �'F9p Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director `i Division of Water Quality 0 Y December 3, 2008 Memorandum To: Shannon Jenkins Division of Environmental Health Shellfish Sanitation Section P.O. Box 769 Moorhead City, NC 28557 From: Jennifer Jones Stormwater Permitting Unit Division of Water Quality Subject: Proposed coverage under General NPDES General Stormwater Permit: Carter Mine, Carteret County (Moorehead City) Does this NPDES Stormwater permit cover wastewater discharges? ®Yes ❑No If discharging waste water the estimated discharge flow rate is: Unknown — sent add info to permittee. Please contact me if this information is needed. The subject facility has applied to the Division of Water Quality for coverage under the General NPDES Permit, NCG020000. Because this discharge is into waters classified SA and protected for Shellfishing, we need your Division's concurrence before we allow coverage of this discharge under the General NPDES Stormwater Permit. Please find attached the facility's application (Notice of Intent). We request that you advise us as early as possible about whether your Section concurs with DWQ's issuing coverage for this facility under the General Permit. If you have questions concerning this matter, please contact me at 919-807-6379 cc: Wilmington Regional Office, Linda Willis, Kelly Johnson Stormwater Permitting Unit Files Central Files Attachments DEC 0 5 2008 BY: None Carotin Jl�atura!!il North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: 4vww,ncwaterguality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal 4pportunitylARirmative Action Employer — 50% Recycledlto% Post Consumer Paper o��F W A rFR(p j r Howard D. Carter 1903 Red Fox Lane Moorehead City, NC 28557 Dear Mr. Carter: il December 3, 2008 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: General Permit No. NCG020000 Carter Sand Mine COC NCG020740 Carteret County Coleen H Sullins, Director Division of Water Quality The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES).permit application for The Carter Sand Mine on November 3, 2008. The application included a copy of the associated mining permit submitted to the Division of Land Resources (DLR). We will need the following information in order to review your permit completely. Please include the following in your next submission: 1. I have sent you, pdf of the NOI with information that needs to be completed circled. Please complete those numbered items; initial and sign by each and return it to me. 2. Please provide a copy of your original mining application, and application for modification of your mining permit for dewatering. 3. Please provide any wetlands delineations and information you have obtained for on -site or off site areas. You indicated on the phone on 12/2/2008 that someone from the US Army Corps of Engineers from the Wilmington office had once visited your site, told you that you did not have wetlands, and then told you that they had filed -a report for.that. If you can obtain that information please send that report to me. 4. Please provide flow rate and amount of time for dewatering discharges. 5. Please provide a mining map showing all stormwater outfalls with numbers associated with them. It appears that stormwater will leave your property not only via the level -spreader but to the SE of the site and perhaps to the North in the center of the site. It also appears that stormwater may -leave along the haul road. Please indicate all areas where stormwater will leave the site and number them. 6. Please provide flow rate and calculations for the level -spreader. The requested information should be received at this office prior to Monday, January 5, 2009, or the application will be returned'as incomplete. No c Carolina Natura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service hitemet: www.ncwaterguality.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 .1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50 h Recycled110% Post Consumer Paper 11 Mr. Howard D. Carter Carter Sand Mine — NCG020740 December 3, 2008 Please also be aware that if your project is located near wetlands or streams, your NPDES. permit will require dewatering operations without wetland or stream impacts. The specific requirements for mine dewatering at facilities near wetlands and streams can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, htto://h2o.enr.state.nc.us/su/Forms_Documents.htm. See Section C, Part 1 of the permit on the page labeled, "Part III Page 5 of 9". An approved Operation and Monitoring Plan is required for NPDES-permitted mining facilities. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. If we will require and Operation and Monitoring Plan we will ask that it be submitted to the Wilmington Regional Office before issuance of an NPDES permit. We encourage you to contact Linda s Willis at 910-796-7343 to addresany wetland or stream concerns for your facility in order to ensure a successful NPDES application review. After review of the additional information, we will notify you if we will require an O & M agreement. Additionally, new coastal stormwater management rules (SESSION LAW 2008-211) were implemented October 1 st, 2008. Due to these new rules you may be required to apply for an additional Coastal State Stormwater Permit. Please contact Kelly Johnson in the Wilmington Regional Office at 910- 796-7345 to determine if you will be required to submit an application for this additional permit. If you have any questions'concerning the NPDES permit approval process, please contact me at telephone number (919) 807-6379. Sincerely, Jennifer Jones Environmental Engineer cc: Wilmington Regional Office, Linda Willis Wilmington Regional Office, Kelly Johnson Carolina Engineers, 2500 Hwy 70 East, P.O. Box 1595, New Bern, NC 28562 NC DENR, Division of Land Resources, Judy Wehner Central Files Stormwater Permitting Unit Files DEC 0 G 2008 14 hCarolina Yatura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 : Phone (919) 733-5083 Customer Service Internet: www.ncwaterquality_om Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —50°/6 Recyclecill0% Post Consumer Paper forth_ Carolina Division of Fnvironmental Health MEMORANDUM Division of Environmental Health Terry L. Pierce, Director Shellfish Sanitation and Recreational Water Quality Section Patricia K. Fowler, Acting Section Chief December 5, 2008 TO: Jennifer Jones Stormwater Permitting Unit FROM: Andrew Haines Shellfish Sanitation and Recreational Water Quality Section SUBJECT: Carter Mine — Morehead City Carteret County State of North Carolina Michael F. Easley, Governor Department of Environment and Natural Resources William G. Ross, Secretary The Shellfish Sanitation and Recreational Water Quality Section concurs with the DWQ decision to issue coverage for this facility under the General Permit. However, it should be noted that this mine has been the source of complaints from local citizens in the past. One citizen, in particular, experienced flooding along portions of his property when this mine conducted past dewatering operations. Our section can provide contact information for the complainant, should DWQ have an interest in communicating with them. 2 Post Office Box 769, Morehead City, NC 28557-6769 1V OTQilIC�liO�lila Phone (252) 726-68271 Fax (252) 726-8475 hfp:/Iwww.ncenvirohealth.org Natwullly An Equal Opportunity l Affirmative Action Employer �OF W ATFR p Michael F. Easley, Governor William G. Ross Jr., Secretary 14 North Carolina Department of Environment and Natural Resources . Coleen H. Sullins, Director , Division of Water Quality December 3, 2008 Memorandum To: Shannon Jenkins Division of Environmental Health Shellfish Sanitation Section P.O. Box 769 Moorhead City, NC 28557 From: Jennifer Jones Stormwater Permitting Unit Division of Water Quality Subject: Proposed coverage under General NPDES General Stormwater Permit: Carter Mine, Carteret County (Moorehead City) Does this NPDES Stormwater permit cover wastewater discharges? ®Yes ❑No If discharging waste water the estimated discharge flow rate is: Unknown — sent add info to ]ermittee. Please contact me if this information is needed. The subject facility has applied to the Division of Water Quality for coverage under the General NPDES Permit, NCG020000. Because this discharge is into waters classified SA and protected for Shellfishing, we need your Division's concurrence before we allow coverage of this discharge under the General NPDES Stormwater Permit. Please find attached the facility's application (Notice of Intent). We request that you advise us as early as possible about whether your Section concurs with DWQ's issuing coverage for this facility under the General Permit. If you have questions concerning this matter, please contact me at 919-807-6379 cc: Wilmington Regional Office, Linda Willis, Kelly Johnson Stormwater Permitting Unit Files Central Files Attachments ICarotin Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www,ncwate[q aliW.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal OpportunitylAtfrmative Action Employer — 50% Recycledl10% Post Consumer Paper 01 W A TF9Q G Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Memorandum December 3, 2008 To: Shannon Jenkins Division of Environmental Health Shellfish Sanitation Section P.O. Box 769 . Moorhead City, NC 28557 From: Jennifer Jones Stormwater Permitting Unit Division of Water Quality Subject: Proposed coverage under General NPDES General Stormwater Permit: Carter Mine, Carteret County (Moorehead City) Does this NPDES Stormwater permit cover wastewater discharges? ®Yes ONo If discharging waste water the estimated discharge flow rate is: Unknown — sent add info to permittee. Please contact me if this information is needed_ The subject facility has applied to the Division of Water Quality for coverage under the General NPDES Permit, NCG020000. Because this discharge is into waters classified SA and protected for Shellfishing, we need your Division's concurrence before we allow coverage of this discharge under the General NPDES Stormwater Permit. Please find attached the facility's application (Notice of Intent). We request that you advise us as early as possible about whether your Section concurs with DWQ's issuing coverage for this facility under the General Permit. If you have questions concerning this matter, please contact me at 919-807-6379 cc: Wilmington Regional Office, Linda Willis, Kelly Johnson Stormwater Permitting Unit Files �T< Central Files Attachments zoos -HE LFIISH SANITATION r 1Vo ` Carolin Auiura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.ncwater4uality.ore location: 512 N. 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':� _ Y ��rY.r-1 �l t'f '��� i; ,F ' ,_y�.c?� WA1FR►yAr- Cahoo,Creek .0103 11�cvli Moiehead`' �:� I )✓ s 0103 11 b n ` r : y C..(d:,sr.,,_ ...� •�'� �$ � rrr TumerCreek (Gibbs Veil {yfill - This map was produced for illustrative purposes as a general guide to assist the public. Informational data used for this map were collected t i "; az �• ist"t •; from federal, state, county, and private organizations. While every .:�•¢ -,',•,ajrs'.u�4'"�SF� effort is made to keep this map accurate and up-to-date, it is not i �� f ' intended to replace any official source. finder no circumstances shall the SrAiE PAR![ State at North Carolina be liable for any actions taken or omissions made- ' from reliance on any information contained herein from whatever source nor �`s - ' :. :. shall the State be liable for any other consequences from any such reliance.'.•`•.; :u;>.. Epp •• • .,.. 5 Background Imagery are U.S. Geological Fishery Nursery Areas Fishery Nursery Areas Survey 1:100,000-scale planimetric maps. ® Primary ® Permanent Secondary Map Datum: NA083 ® Special Secondary Map PrvJection: NC State Plane !)k'O Map Date: July2006 MARINE ® Military Danger f 10D0 D 1000 2000 Yards PIS}EM Zones and Restricted Areas ¢c locator map 0.7 0 0.7 1.4 Miles o. 0 inla„dwoters(wRClurisdlglan) Map 17 PHILLIPS LAW OFFICE, PLLC ATTORNEYS S COUNSELORS AT LAW 83 FOREST ROAD ASHEVILLE, NC 28803 828,274-1223 voice 828-274-1253 fax 6/2/2008 Linda Willis 127 Cardinal Drive, Ext. Wilmington, NC 28405 RE: 7% The Carter Mine Mine Permit #16-67 Issued to Danny Carter Date of Issuance November 16"', 2007 Dear Ms. Willis, HERBERT O. PHILLIPS IV, MD, JD- HERBERTO. PHILLIPS III, LLB** ' ORTHOPAEDIC SURGEON "OF COUNSEL hphillips@tisa.coni JUN 0 4 Z008 BY: The Stanley family has asked that we express their appreciation for considering this concern over water discharged over the Stanley property form the Carter mine. At this time I would like to summarize the Stanley family's understanding of the issues at hand and their continued worries as to this water discharge upon their property. First it should be an established principal that the Stanley property is contiguous with the Carter property which are the two properties at issue in this matter. As such the Stanley family is a proper party to express to your agency their concerns in this matter. Further, pursuant to N.C. Gen Stat. § 74-51(b), as a proper party with an appropriate interest the Stanley Family should be provided all documents and information your agency currently has and in the future may have concerning this matter. At this point in time the Stanley family does not feel that they must have a copy of the documents relating to The Carter Mine, Mine Permit #16-67. However, should in the future any request(s) be made by the permitee or should any further action(s) be considered by your department on this issue then the Stanley family would request that you please forward to 21 them at your earliest convenience a copy of all of the documents you have relating to the matter of The Carter Mine, Mine Permit #1667. Please consider their request for documents to include those documents as defined by the reference noted below.2 Second we ask that you consider the mandate set forth in N.C. Gen Stat § 74-51 (d)(3)(4). The standards set forth there must be applied within the general field of experience and knowledge of your department and we simply ask that you give the matter your considered judgment. See generally Clark Stone Co. v. N.C. Dep't of Env & Natural Res., 164 N.C. App. 24, 594 S.E.2d 832 (2004), appeal dismissed, 358 N.C. 731, 603 S.E.2d 878 (2004) (stating that The North Carolina Department of Environment and Natural Resources is statutorily required to give due consideration to the conservation of the environment of the Appalachian Trail. N.C. Gen. Stat. § I I3A-75(b) (2001); N.C. Gen. Stat. § 1 13A-73(a) (2001)). Third the Stanley family ask that you consider the mandate set out in N.C. Gen. Stat. § 74-51(a). This provides that "...the application shall be accompanied by a reclamation plan that meets the requirements of N.C. Gen. Stat. § 74-53." N.C. Gen. Stat. § 74-51(a) further states that "[No] permit shall be issued until a reclamation plan has been approved by the department." Fourth the Stanley family does submit that N.C. Gen. Stat. § 74-51 (f) requires that "any permit issued shall be expressly conditioned upon compliance with all requirements of the approved reclamation plan for the operation." They understand that no reclamation plan was submitted with the application. Surely it follows that without an approved reclamation plan any permit held by Danny Carter and or The Carter Mine is void ab initio. In this regard should Danny Carter and or The Carter Mine desire a permit for pumping water from the property at issue then Danny Carter and or The Carter Mine would be required to submit a new permit application. This is so since it is not possible to change by modification a purported permit when the purported permit never existed in the first place. This seems to the Stanley family a harsh remedy involving penalties against Danny Carter and The Carter Mine for operating without a permit. The Stanley family cannot in fairness support this position at this time. We do, however, strongly believe that no water should be discharged on the Stanley family land and seek reasonable means to support this position. In summary we thank you and your office for the work you have performed to date on the issues referenced in this letter. We appreciate your attention to the details delineated in this correspondence and we will look forward to receiving any communications from you concerning the issues outlined and the concerns expressed herein. Sincerely, 2 ■I I ' As used herein, the terms "relating or referring to" and "relate or refer to" shall mean, in addition to the customary mean!n;s a-,tr;buted to those words, concerning, al!uding tit, connected with, commcncing or:, in respect of, about, regarding, discussing, showing, describing, in support of, in substitution of, reflecting and analyzing. 2 As used herein, the term "document" shall mean the original, or if the original is not available, a copy, and any non -identical copy of any written, recorded or graphic matter, however produced or reproduced, including, but not limited to, letters, correspondence, memoranda, notes, records, summaries, papers, bills, daily diaries, telephone directories, minutes of meetings, reports, transcripts of telephone conversations, transcripts of recordings, payrolls, records of manpower, schedules, charts, treatises, articles, journals, periodicals, monographs, books, ledgers, magazines, newspapers, drawings, plans, specifications, shop drawings, blueprints, diagrams, exhibits, sketches, photographs, contracts, deposit slips, studies, data, attorney manuals, policy statements, recommendations, reprimands, performance evaluations, training records, applications for stubs, checkbooks, delivery tickets, receipts, invoices, bills of lading, bills of sale, deeds, recordings or notations of telephone conversations, recordings or notations of meetings, conferences or interviews, photographs, slides, films, videotapes, tapes, cassettes, discs, and any other written, recorded, transcribed, punched, taped, filmed or other graphic matter or data compilations, to which you have, or have had, access or of which you have knowledge, and which are in the possession, custody or control of you or your representatives, including but not limited to your shareholders, directors, officers, partners, trustees, employees, agents and attorneys. The fact that some requests for production may include an enumeration of specific documents shall not be deemed to supersede this definition, so that when the word "documents" is used in a request in addition to the enumeration of specific documents therein, all documents falling within this definition as well as the enumerated documents shall be produced. uaner i o-o i Subject: Carter 16-67 From: Trentt James <Trent.James @ncmail.net> Date: Thu, 28 Feb 2008 11:13:57 -0500 To: Judy Wehner <Judy.Wehner@ncmail.net> Judy, The letter drafted by Mr. Carter dated February 22, 2008 appears to address the concerns noted in the Notice of Deficiency. The nieghbor mr. willis was concerned about the amount of water backing'up in his yard if the culvert in front of his house was not cleaned out. Mr Carter agreed to clean it out without any additional land distrurbance and has already done so in some areas according to my last phone conversation with him yesterday. Thanks Trentt 5 r v REC'D DEC 16 2011 1 of 1 2/28/2008 11:19 AM MINING CHECKLI5T FOR ROUTING Applicant's Name: Project Name: ApplicJPermit No.. County: Date Received: Reviewer. River Basin Name: ❑ New ❑ Renewal 0'Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release G Additional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please route, entireapnlication, ckge to: D' - ; ' • Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach hath the PWQ and DAQ "Mining Application Review Form" to the other copy; send both.copies to the Regional Engineer) Date: Routed Redd ❑ Division of Water Resources Date: Routed Redd ❑ NC MIdlife Resources Commission Date: Routed Redd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) PlQigr2e roue first 3 pages of the application and any location mats : ❑ Division of Parke & Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Reed .**5uepenoc Date for Comments: _ (no later than 25 days from receipt) Please note the following: NC®ENR February 22, 2008 Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 Dear Sir or Madam: Carter Mine Howard D. Carter 1903 Red Fox Lane Morehead City, NC 28557 I am writing you in regards to the NOTICE OF DEFICIENCY. Letter mailed certified 7007 0220 0000 8223 3222. For Permit #16-67 Carter Mine, Carteret County. We have addressed all of the Deficiency's stated in your letter dated January 31, 2008 as described below. Operating Condition #4.C.We have relocated the sediment trap on enclosed map dated 2-22- 08 to the northwestern side of the property which has a clear flow path downhill to the state maintained right-of-way adjacent to country club road. This particular right-of-way has a culvert under country club road which leads to the Newport Over system. We have also redesigned the sediment trap to be contained within the mining area of the pond with an overflow pipe removing the top layer of water for removal to the level spreader. This is the same type system used in a spring fed pond to drain off excess water. Our system has an additional feature of a level spreader added. We have redesigned this system in an attempt to save the mature softwood and hardwood trees located on this side of the property. 2. Operating Condition #5. The mining boundaries will be marked with flagged post to distinguish the boundaries of the mine. 3. Operating Condition #13. No additional vegetation will be removed during this mining operation which has a projected date of completion 12-31-08. All disturbed areas were reseeded back in late December. As for the fence needed on the backside of the property. I have received a fence permit to install a 6 foot fence on the back property line and it will be installed within the next two weeks. 4. Operating Condition #9. Buffers have been reseeded and the new buffer area revised on the drawing dated 2-22-08. 5. Operating Condition #12 . This is our plan revision. If there are any questions you may have please do not hesitate to call 252-723-7005 or 252-222-3825. Sincerely, GDP . Howard D. Carter NCDENR North Carolina Department of Environment and Natura Division of Land Resources James D. Simons, PG, PE Director and State Geologist Land Quality Section January 31, 2008 CERTIFIED MAIL 7007 0220 0000 8223 3222 RETURN RECEIPT REQUESTED Carter Mine Mr. Howard D. Carter 1903 Red Fox Lane Morehead City, North Carolina 28577 Dear Mr. Carter: Resources Re: NOTICE OF DEFICIENCY Carter Mine - Permit #16-67 Carteret County Michael F. Easley, Governor William G. toss Jr., Secretary "i On January 30, 2008, an inspection of the subject mine was performed by Trentt James of this office (copy of inspection report enclosed.) As you will note, several deficiencies were observed that require your prompt attention. The deficiencies discovered'bild'the necessary corrective actions are as follows: Operating Condition #4.C. Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007. — The temporary dewatering sediment trap is not constructed as detailed on the approved mine map. The level spreader has not been installed as detailed on the mine map. In the mine application it is stated that water from dewatering activities will be pumped into a sediment basin before discharge through a level spreader and into state maintained right-of-way.'This is not being achieved. The water is ponding in the southwest corner of the property and neighboring properties. All dewatering activities shall cease and a plan revision should be submitted with a more appropriate method of handling the dewatering activities. 2. Operating Condition #5. - All affected area boundaries (2.95 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. — The mining boundaries have not been marked on site and the tree line .that was to act as the clearing limits have been cleared; therefore, making it difficult to distinguish the mining boundary. The affected areas shall be permanently marked. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796-72151 FAX 910-350-2004 Mn Howard Carter January 31, 2008 Page'? 3. Operating Condition #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. — Vegetation along Country Club Road and in the southwestern portion of the tract has been removed. No additional vegetation shall be removed that is acting as a visibility barrier, particularly at the rear of the tract. The buffer between Country Club Road and the mining activities need to be stabilized by vegetation or other means. A visibility barrier, such as a fence, shall be installed if mining activities are going to continue for a significant period of time. An expected completion date should be supplied with plan revision. 4. Operating Condition #9 - Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. - The 50 foot undisturbed buffer has been cleared and compromised in various areas, particularly along Country Club Rd and the southern boundary of the tract. The buffer should be restored and stabilized with vegetation in any areas the buffer was comprised. The plan revision should include actual affected area and new buffers. 5. Operating Condition #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. — The Department was not notified prior to land disturbing activities outside the mining boundaries or the current dewatering plans. Submit a plan revision addressing the corrective actions noted in this letter. If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, Department of Environment and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site. Please do no hesitate to contact Trentt James at (910) 796-7442 or me at Ext 7305 regarding any questions you may have about this matter. Sincerely, 7 ,a Daniel Sams, P. ., M. E. Regional Engineer Land Quality Section Enclosure: Mine Inspection Report cc: State Mining Specialist North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) L 'MINE NAME • Carter Mine MINING PERMIT # 16-67 3. OPERATOR Mr. Howard D Carter 4. COUNTY Carteret 5. ADDRESS 1903 Red Fox Lane Morehead City, NC 28577� 6. PERMIT EXPIRATION DATE 11/16/2017 7. RIVER BASIN White Oak 8. Person(s) contacted at site Scott w/ Garrison Grading 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No 11. Date last inspected: n/a 12. Any mining since last inspection? ® Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No If no, explain: The mine was in non-compliance with the following Operating Conditions #4.C., #5, #8, #9, and #12. See the attached Notice Of Deficiency_ letter for details on the violation and corrective actions 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No If yes, describe the type and severity of the damage: _ Dewateiing activities have resulte-d in standing, water on the adjacent 16. Corrective measures needed and/or taken: See the attached Letter Of Deficiency for corrective actions. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain)Not Reviewed 19. Follow-up inspection needed? ❑ Yes ❑ No Proposed date 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator INSPECTED BY: Trentt James J` '. -- DATE 1.30.09 Telephone No: 910.796.7442 Copy to file Copy to operator.' Copy to Mining Specialist USPS - Track & Confirm rage i or i UNITEDSTATES -- PO.STAL'SERVIC& Home I HeIp I Si n Track & Confirm FAgs Tuck & Confirm Search Results Label/Receipt Number; 7007 0220 0000 8223 3222 Status: Delivered Track P. connrtlt Enter LabeVReceipt Number. - Your item was delivered at 1:07 PM on February 2, 2008 in MOREHEAD .. _...___.i CITY, NC 28557. E-......_..-..__....-..__...- _.._..- - lGus3 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. '`Co $ite Map Contact,tJs Fo_ ms Gowl_$ery ces. Job_s.. ElivacY Folic TQrm_.s of Use NatigRg1 & Premier Accounts Copyright( 1999-2007 iJSPS. All Rights Reserved. No FEAR Act EEO Data FOIA ' • " - 0 http://trkcnfrml.smi.usps.com/PTSInternetWeb/InterLabeilnquiry.do 2/8/2008 *, ..-�. I November 16, 2007 Mr. Howard D. Carter 1903 Red Fox Lane Morehead City, North Carolina 28577 RE: Carter Mine Carteret County White Oak River Basin Dear Mr. Carter: The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 16-67 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on November 16, 2017. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 4.59 acres and the amount of land you are approved to disturb is 2.95 acres. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, James D. Simons, PE, PG J DS/jw Enclosures: Permit No. 16-67 Notice of Issuance cc: Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, w/permit Mr. Bradley Bennett-DWQ, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Howard D. Carter Carter Mine Carteret County - Permit No. 16-67 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. MINING PERMIT EXPIRATION DATE: November 16, 2017 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until November 16, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1: 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 Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements a.nd 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. C. Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007, 5. All affected area boundaries (2.95 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. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting) 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. Mi.ning 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 to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area, 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page 5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,700.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to,the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Andrew W. Metts of the Natural Resources Conservation Service on August 14, 2007 or the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibslacre 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. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. . Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 16th day of November 2007. In James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Howard D. Carter to conduct mining activities off Hwy. 70 in Carteret County. The mining permit (no. 16-67) was issued on November 16, 2007. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 15OB-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. This notice was mailed on James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources Brenda Harris Mining Program Secretary \j 2 3 U- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine Carter Mine County _ Carteret_ River Basin White Oak Latitude (dd.mm.ss) 76* 44' 18.7" Longitude (dd.mm.ss) 340 44' 57.9" Name of Applicant* Howard D. Carter Permanent address for receipt of official mail**_ 1903 Red Fox Lane, Morehead City, NC 28577 Telephone (252) 222-3825 4. Mine Office Address 1903 Red Fox Lane, Morehead City,, NC 28577_ ^_ Telephone _(252) 222-3825 Mine Manager Mr. Howard D. Carter We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date_ %1-7/67 Print Name Mr. Howard D. Carter Title Owner / Operator * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G. S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -I- SITE LEGEND V TREE PRESERVE 0 tr �oJP��Pyo�. SILT FENCE E roorLERo. _ — — — EXISTING CONTOURS COUNTRY CLUB RD' LEVEL SPREADER ST. EXT.COUNTRY CLUB RD. (SEE SHEET S-4 FOR DETAILS) �- TREE LINE/CLEARING LIMITS LAUGHTON, GORDON K. JR. BR�DS�Ssr X 12.00 PROPOSED SPOT ELEVATION I DEED BOOK 164, PAGE. 425 BRIDGES ST. P.O. BOX 302 '?Y SEDIMENT BASIN I MOREHEAD CITY, NC 28557 HwY 70. -- - -- 50' BUFFER LAUGHTON, GORDON K. JR. DEED BOOK 529, PAGE: 404 VICINITY MAP x Ts 1 P.O. BOX 302 1 MOREHEAD CITY, NC 28557 / , 99 / / 15 X 17/ 97 / 14 W03 / 1 / 15 % 42 ' •. f3 60 1 45 1 •� STANLEY, VALAREE L LIT / / 16 X 23 DEED BOOK 536, PAGE: 287 I / ' 9° 1S :,27`, 2700 COUNTRY CLUB RD. / / , °`•'+ 89 0 MOREHEAD CITY, NC 28557reX So/..•� lJ l ll �' oo/ / t 2 76X24 15X / / 12.le 13x87 5. 15 8 •/ / 0/ ,� 7 STANLEY, VALAREE L TRUSTEE I / /0 f4 -.•.� ,,. �" / �6° /" •1 49 11X w DEED BOOK 1128, PAGE: 179 P -- t5X 12 /� / / R0 1 48 �a0 !6x 78� ,�4° 12X ` t1X 2700 COUNTRY GLOB RD. I / ��� �" . X �\ I / 1R A MOREHEAD CITY, NC 28557 / '- 3Xa� r CONSTRUCTION ENTRANCE (SEE DETAIL) GATE---- 12 x 72 12X48 12. 02 EIR / NCGS 'CAR 47• #*, % 66 12 X 11 FROM WATERSHED FLOW BYPASS STRUCTURE FOREBAY REINFORCED CHANNEL -' LEVEL SPREADER UP . r 21 ` n v , / •n Y v � < . v .V S' �r W w v L 5 dY v v v w J• •V a +i i 'M V W } S i w V .i V V v v w V » v Y v t Y 4 sir V e V b v r b .. 3 .o' •r .v c W �. r . v v L W. . .. / , V ,. V b w .4 ♦ b •N }' L W V • ✓ + Y }^ •.v m W s b v y y w. w W w° STONE ON W» , EINFORCED VEGETATED w w W ,57 `FILTER FABRIC w N SWALE 6} w s w w _. w Z.. � _ � ., w s ,, v ., v- � v c ti i .. } .. v s m .r .. ✓ •r w d w o w a w w o . w ✓ w r s _ » vw � � », � y -, , �. > a , .t f,% � v✓ ✓ v v V v Y� •V a v y v v J• 0 4 w V v v �. .y ✓ Y� v� `F- w w v N J v�. M V a > v v » u v .V � w� W� w� 4 Y ,. z A ., i E1P � � 1v .. 3 w w ,• w a s w v m w w Y ✓ w s ✓ , .✓ � u - - _f.. � - i ( j r -i f m -t - j -I } {- A t t + � M / i }_.J. _. _ _ + _I. _� .. !_ _ J-1 - i T ..I.. _.L_ ..1_ _I_ ._I_ mf.. _ .. ., _r .... ._.. _f... _.y.,. .. y.. _. ,i //4 23 \,, 11 X :....:::.: :.:: (V Is CONNER, NANCY LAUGHTON z 3 X g .....: ..::.:.................... ..:. :.................: , .:. DEED BOOK 732, PAGE. 932 nAa `� 4"g' .. ........ �`NDn'RP.;.;.;.:.'. \ \ �n 12 X 9656 �sr / 14 47 MINING"PIT.... ..... a ::..:.........:.... :::.:azcl.....,...'.:: _ :: = 2518 1 IRON ST. ,a 7 G : ::. ND.... :............... _ ..... , .....'� .° _ t�/� _ `� \. ..M.. _ `�. MOREHEAD CITY, NC 28557 �. 12X25 WILLIS, DAV1D T. Il DEED BOOK 911, PAGE.215 NG LEWIS, JOHN GREGORY 1 DEED BOOK 782, PAGE:623 2702 1 IRON ST. MOREHEAD CITY, NC 28557 FAMILY D WELLING NOTE (TEMPORARY GRAVEL CONSTRUCTION ENTRANCE) TURNING RADIUS SUFFICIENT TO ACCOMMODATE LARGE TRUCKS WILL BE PROVIDED. ENTRANCES) SHOULD BE LOCATED TO PROVIDE FOR UTILIZATION BY ALL CONSTRUCTION VEHICLES. WILL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD INTO STREETS. PERIODIC TOP DRESSING WITH STONE WILL BE NECESSARY. ANY MATERIAL TRACKED ONTO THE ROADWAY WILL BE CLEANED UP IMMEDIATELY. GRAVEL CONSTRUCTION ENTRANCE WILL BE LOCATED AT ALL POINTS OF INGRESS AND EGRESS UNTIL SITE IS STABILIZED. ro OPT 00� 0 \r a°0o0o �v a000"o, `SO QJ 00°0aa00aa0 � o a o 0 0 a°o°o°o°o°o°o o°o°o°o°o°o°a°a°o ?i o°o°o°o°o°a°o°0°° o°o°o°a000000°a°o°o°o 0 o a o 0 0 o a o 0 0 Oo00O0000000000000Opaa ooaaooa0000a00000°oo000 000°0°0°0°0°0°0°0 000.0.000.00000000000 a°0°o°0°0°0°0°0°° a0000000°0°a°0°0°O a 00000000000o0o00a CLASS A" STONE a 0a0o0o0000000000 8 IN. MIN. DEPTH °00000000000000 0000°0°0°0° ba0000°/O p0000 02 TEMPORARY GRAVEL CONSTRUCTION ENTRANCE CATEGORY ACREAGE Mine Permit Boundary 4.59 Buffer Area (Undisturbed) 1.64 Buffer Area (Disturbed) .53 Processing Area/Haul Roads 0.11 Mine Excavation (Existing) 0.00 Mine Excavation (Proposed) 2.30 Sediment Ponds/Tailings 0.01 Stockpiles 0.00 Wastepiles 0.00 Other 0.00 ,2 X CONNER, NANCY LAUGHTON 1 I PAGE: 265 DEED BOOK 684, ono r'` 00 - r.. •••�' �.• I 2518 1 IRON ST M" " - ` -c''•• 13XS8 I MOREHEAD CITY, NC 28557 . --; 5'io I fa X z5 `W 6 ( I McCLANAHAN, CRAI G `j( I 1 DEED BOOK 731, PAGE:661 I , j j -�'•� • 4 X 37 I BELL, BEVERLY LOUISE I ! _.-- •,� .._.•• I JOHNSON, WILLIAM G. SR. DEED BOOK 1025, PAGE.176 2518 1 IRON ST. I DEED BOOK 751, PAGE: 69 ( I MOREHEAD CITY, NC 28557 I FANnYMEWNG !.i r„r.�•• f4 X 48 1 I ECKERT, SCOTT & WIFE KAREN I 1 2524 1 IRON ST. I AYLOR, DAWD RONALD I DEED BOOK 1004, PAGE: 386 I MOREHE00 11RON ST NC 28557 I MOREHEAD CITY, NC 28557-4958I I DEED BOOK 983, PAGE 456 1 I 2602 1 IRON ST. ( ( 1 P.O. BOX 66 IMOREHEAD CITY, NC 28557-4969 I 1 FAMILYDWELLING BEAUFORT, NC 28516 I I 1 I 1 n FAMILYDWEGJNG w ( I fAMILYDWLLJNG I FAMILYDMUNG FAMILYMEWNG PROPERTY IS LOCATED IN FLOOD ZONE " X " AS PER FLOOD MAP 37206376 J,COMMUNITY IJ70048-TOWN OF MOREHEAD 60' 30' 0 60' 120' CITY,DATED 7116103 ALL ELEVATION ARE BASED UPON NAVD 1988 SCALE: V = 60' APPROPRIATELY SIZEI CONCRETE FOOTER LAYER OF f STONE 3 FT. WIDE STRIP OF FILTER FABRIC SILT FENCE ELEVATION NTS BUFFER NOTE (SILT FENCE) 1. WIRE WILL BE A MINIMUM OF 32' IN WIDTH AND HAVE A MINIMUM OF 6 LINE WIRES WITH 12" STAY SPACING. 2. FILTER FABRIC WILL BE A MINIMUM OF 36" IN WIDTH AND FASTENED ADEQUATELY TO THE POST. 3. STEEL POST WILL BE 5'-0" IN HEIGHT AND BE OF THE SELF -FASTENER ANGLE STEEL TYPE. EL. 14.00 EX. GROUND EL. 12.00 EL. 10.00 XISTAJG PPMLE 50' BUFFER 3 CONSTRUCIION SEQUENCE FILTER FABRIC COMPACTED FIL VARIES PROPOSED PROFILE I to- SILT FENCE X—SECT NTS 1. INSTALL. SILT FENCE ALONG EDGE OF EMS71MG POND, AS SHOWN. 2 CLEAR THE TREES AND DEBRIS TO CONSTRUCT THE LEVEL SPREADER. 3. CONSTRUCT THE LEVEL SPREADER FOLLOWED BY SEEDING APPROPRIATELY.. * CONSTRUCT HAUL ROADS AROUND THE EXISTING POND. 5 BEGIN MINING OPERATION. MINING SEQUENCE.• &IMN 1. BEGIN MINING IN THE WESTERN MOST POINT OF THE PROPOSED EXCAVA71ON AREA NEAR THE PUMP. 2. UTILIZE° Ihf PUMP AND MAINTAIN THE LEVEL SPREADER IF NEEDED. 3 CON71NUE MINING FROM THE WESTERN MOST POINT TO THE EASTERN MOST POINT AND BACK TOWARDS THE ROADWAY, LEAVING THE HAUL ROAD. t EXCAVATE THE HAUL ROAD IF NEEDED. 12" DEWATERING 23" DISCHARGE TYPE 2 FILTER FABRIC NOTE (TEMPORARY DEWATERING SEDIMENT TRAP) 1. CLEAR 4 GRUB LOCATION OF TEMP. DEWATERING SEDIMENT TRAP. 2. USE MATERIAL FREE OF ROOTS, DEBRIS AND ORGANIC MATTER TO CONSTRUCT BERMS. 3. PUCE TYPE 2 FILTER FABRIC AND NCOOT CLASS B STONE IN THE BASIN. 4. INSTALL DEWATERING DISCHARGE PIPE 12" LOWER THAN 12" HDPE PIPE. B STONE 8" HDPE PIPE TO LEVEL SPREADER 2'-3- CLASS B STONE-\ 1 100' X 40' TEMPORARY DEWATERING SEDIMENT TRAP SCALE: NTS 4'-:10" Q U w O 0: a d a w Q z 0 7 a W U w 0 O z W F-« W, � Ln N �- N � U N Z Ld � fy W In V V LLJ Z r z Q O I!"•i U —I E— W W Q U W W VO V 0 Z Q Q O� � OC Q m U U Q W w W ZO o2: U PROJECT NO: CE103 DATE: 08/15/07 SURVEYED BY: DRAWN BY: JRF CHECKED BY: C. HUDDLE APPROVED BY: C. HUDDLE SCALE: 1 " = 60' DRAWING NO.: 001 SHEET 1 OF 1 001 r _. 03114/2008 01:22 9103502018 NCDENR PAGE 01 A�T o NCDENI North Carolina Department of Environn Post -It" Fax Note 7-671 date 0 pages' From 7 A>J S A M S, Cojoept. l „y 1 CO. \,x. 2c� Ps+Ons # PhOflA # Fax # tq 7 6:] L Fax # Division of Land James 0. Simons, PG, PE Land Quality Section klichaei F. Easley, Governor Director and State Geotogist William G. Ross Jr., Secretary March 14, 2008 Carter Mine Mr. Howard D. Carter 1903 Red Fax Lane Morehead City, North Carolina 28577 Re: ACCEPTANCE OF M0131FICATION Garter Mine Permit #16-67 Carteret County Dear Mr. Carter: We have conducted a review of the Plan Modification submitted on February 28, 2008 as a response to our Notice of Deficiency dated January 31, 2008_ We accept the plan revision that includes the relocation of the sediment trap and level spreader in order to discharge stormwater — towards the NCDOT right-of-way of Country Club Road (NCSR 1177) and away from the subdivision to the south of the mine site. The conditions of MiningPermitNo. 16-67 are still in force and the expiration date still applies. Please attach this approval to your current mining permit for future refe-ence. Your response letter of February 22, 2008, projects mining completion by December 31, 2008. This is accepted as a condition in lieu of requiring additional visibility .bardem..between the Mining activi and the NCDOT hi hway. If activity continues beyond that date, a plan revision that deals the barrier wil be necessary. As a reminder, your permitted acreage at this site is 4.59 acres and the amount of land you are approved to disturb is 2.95 acres. This mine must comply with any zoning regqLajign or ordinance duly ado td.by the city or county or by any agency or department o the State of North Carolina. Please do no hesitate to contact Treritt James at (910) 796-7442 or me at Ext 7305 regarding any questions you may have about this matter. Sincerely, Zc Daniel Sams, P.E., M. E_ Regional Engineer Land Quality Section cc: State Mining Specialist Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone; 910-796-72151 FAX- 910-350-2004 A� Gla NC®ENR- North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist November 16, 2007 Mr. Howard D. Carter 1903 Red Fox Lane Morehead City, North Carolina 28577 RE: Carter Mine Carteret County White Oak River Basin Dear Mr. Carter - Michael F. Easley, Governor William G. Ross Jr., Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 16-67 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on November 16; 2017. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 4.59 acres and the amount of land you are approved to disturb is 2.95 acres. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. v � mes D. Simons, PE, PG J DS/jw Enclosures: Permit No. 16-67 Notice of Issuance cc: Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, w/permit Mr. Bradley Bennett-DWQ, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit Geological Survey - Land Quality • Geodetic Survey Division of Land Resources • 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.us/dlr.htm An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper 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: Howard D. Carter Carter Mine Carteret County - Permit No. 16-67 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. MINING PERMIT EXPIRATION DATE. November 16,. 2Q17 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 Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, 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. C. Mining activities shall occur as indicated on the mine map dated August 15, 2007 and the supplemental information received by the Land Quality Section on September 4, 2007 and October 10, 2007. 5. All affected area boundaries (2.95 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. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 1 o. 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 to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be. provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page.5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,700.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 3 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Reveaetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. Andrew W. Metts of the Natural Resources Conservation Service on August 14, 2007 or the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 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 Ibs/acre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestenn and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 16th day of November 2007. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 1161_ 1 ✓ � �177 to 4 -- 1176 I ./ i ff l l .os 12 ��^ t ? 1611 l I :17. • 1 IJj 625 J \ 1628 '. _ / 1177 1222 04 .,y '1 0 1643 ti [% 1714.48 1737 f 1p 1221 .4 0 .30 1655~\ � t t v f1741 if ti 1262 56 .98 l 16 .N ' 1177 •37 .°B.. .16 ]24.1 1277 1701277_ v0 �! .15 ✓ .16 0 .18 1178 17, ,�� A13 1714 t 1? 1629 4 1 77•09 3B 1711 1713 1 ry 124 176 ' 'J� l o� ,8,.08 •10 �117 7 7. `�. t1 17\//\ 10 17�¢ qL 09 718,2 f- 1671 1 0 2i 7Q"ls7 �y7o7�� w 'rm 77 7gLF13 �.1-- (\� }iZ8 oNJ I. �1t ,r'�, 160 0 p41715 _•.10•Ss I �i. '1�6�9 7 172013 -o_ _ t_ '�— I J 12 l -�-�C-171-- - - - r �I658 I I` 1600 1213 l \ / C 01 1657 oL L 1176 1175 - - - - - - - '"�' nb m 1602 117 - Camp Glen 70) ss 1.41 - 0 1627 - - _ _ 1606 o DO'S C MA(Z6 Pipe_ 4A N )rya. How r z: ► S��� spa war ) 2 1 ' X 3 iDC-F--'F' S'Y.?Ll NG S,tl1� f�-, Li LrvGL Iepl?),15400ARL Ile C�\) Design Criteria Aggregate Size —Use 2-3 inch washed stone. 6 Dimensions of gravel pad— T7ticltness: 6 inches minimum Width: 12-ft minimum or full width at all points of the vehicular t entrance and exit area, whichever is greater Length: 50-ft minimum ti Location --Locate construction entrances and exists to limit sediment from leaving the site and on provide for maximum utility by all construction vehicles (Figure 6.06a). Avoid steep grades and entrances at curves in public roads. ff f E CONSTRUCTION PAD f/ MINE EXCAVATION AREA a oa - s t f , �a `,\ t f 6"min 2 3 2 \ s; coarse aggregate DIKE y - , MINE EXCAVATION AREA - \ PUMP LOCATION STILLING BASIN WITH LEVEL SPREADER OWUD o CIR"IA,R NINE 1"LICITION I'01 GENEIU PERMIT NC ,2 MINING ?tit? 10. 16-67 Carteret Gouty SCALE: 1" 60t Date Map Completed: zo/I WILLIAMS Environmental 8t Geological Services, PLLC P.O. Box 190 1 Bath NC 27808 1 (800) 240-8550