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NCG020052_COMPLETE FILE - HISTORICAL_20131230
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V a DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ � Ci I � � d� 3 V YYYYMMDD y ; �YY NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary December 30, 2013 Mr. Jack Garvey Hanson Aggregates Southeast, LLC 2300 Gateway Centre Blvd Morrisville, North Carolina 27560 Subject: Compliance Evaluation Inspection Stormwater Permit NCG020052 Hanson Aggregates Southeast, LLC — Crabtree Quarry Wake County Dear Mr. Garvey: On December 19, 2013, 1, Ashley Rodgers, of the Raleigh Regional Office, along with Joe Dupree and Chris Pullinger, also of the Raleigh Regional Office, carried out a stormwater compliance evaluation inspection (CEI) for the above permit. Your availability was appreciated as it facilitated the inspection. A synopsis of the inspection is discussed below: 1. The Stormwater Pollution Prevention Plan (SPPP) was available during the inspection. The SPPP was reviewed and updated annually during this permit cycle. All components of the plan were evaluated during the CEI, and the plan was found to be complete and being put into active use. 2. The Stormwater Discharge Outfalls (SDO) were inspected during the inspection. The SDO appear to be adequately capturing all of the stormwater coming from the production area. 3. Qualitative monitoring results were reviewed during the CFI. Qualitative monitoring; results were available and up to date, and within benchmarks. 4. It appears that the current permit will expire on December 31, 2014, An application for renewal of your permit is required to be received a minimum of six months prior to its expiration. 1628 Mail Service Center, Raleigh, North Carolina 27699-1628 Phone: 9191791-42001 FAX: 9191571-47181 Internet: http://portal.ncdenr.org/ AN EQUAL, OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED110% POST CONSUMER PAPER t A Manson Aggregates Southeast, LLC — Crabtree Quarry Compliance Evaluation Inspection Page 2 of 2 ;r I; 1 It is apparent that the Stormwater Program is being carried out for the Hanson Aggregates Southeast, LLC — Crabtree Quarry facility. If there are any questions or comments about this inspection, please contact me at 919-791-4200 or ashle codgers cr,ncdenr;gov. Sincerely, al�h 0�9 1� I /a *� Ashley L. Rodgers, PE Assistant Regional Engineer Raleigh Regional Office cc:- RRO/SWP Files Central Office Files Enclosure: Inspection checklist for Hanson Aggregates Southeast, LLC — Crabtree Quarry, dated Dec. 19, 2013 Permit: NCG020052 SOC: County: Wake Region: Raleigh Compliance Inspection Report Effective: 01/01/10 Expiration: 12/31/14 Owner: Hanson Aggregates Southeast LLC . Effective: Expiration: Facility: Hanson Aggregates - Crabtree Quarry 5001 Duraleigh Rd Contact Person: Robert Snyder Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Title: Inspection Date: 12/19/2013 Entry Time: 09:30 AM Primary Inspector: Ashley Rodgers Secondary Inspector(s): Raleigh NC 27612 Phone: 919-380-2746 Certification: Exit Time: 11:00 AM Phone: Phone: Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COG Facility Status: ■ Compliant ❑ Not Compliant Question Areas: E Storm Water (See attachment summary) Page. 1 Permit: NCG020052 Owner - Facility: Hanson Aggregates Southeast LLC Inspection Date: 12/19/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: Page. 2 Permit; NCG020052 Owner -Facility: Hanson Aggregates Southeast LLC Inspection Date: 12/19/2013 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ■ ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a fist of significant spills occurring during the past 3 years? ■ ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ■ ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ■ ❑ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? ■ ❑ ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ■ ❑ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Qualitative Monitoring Has the facility conducted its Qualitative Monitoring semi-annually? Comment: Analytical Monitoring Has the facility conducted its Analytical monitoring? # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? Comment: Permit and Outfalls # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # ff the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ Yes No NA NE ■ ❑ ❑ ❑ ■ ❑ ❑ ❑ ❑ ❑ ■ ❑ ■ ❑ ❑ ❑ Page: 3 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Crabtree Quarry 2. MINE LOCATION: off_Duraleigh Rd, Raleigh 3. COUNTY: Wake 4. RIVER BASIN: Neuse 5. CASE: 6. OPERATOR: Hanson Aggregates Southeast, LLC_ 7. ADDRESS: 2300 Gateway Centre 131vd, Morrisville, NC 27560� 8. MINING PERMIT #: 92-03 ❑ N/A 9. PERMIT EXPIRATION DATE: 8/22/2022 ❑ N/A 10. PERSON(S) CONTACTED AT SITE: Jack Garvey 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) II C. Follow-up Inspection 13. Date of last inspection: 2/9/201 1 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: 15. Was mine operating at time of inspection? ® Yes ❑ No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ NIA If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. ❑ None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes ❑ No Explain: 19. Corrective measures needed and/or taken: 20. Other recommendations and comments: Please continue to maintain all E&SC measures. Site looks good. Thanks for your cooperation. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 22, Follow-up inspection needed? ❑ Yes ® No Proposed date 23. No. of additional pages of Inspection Report 24. Copy of Report sent to operator 12/30/2013 INSPECTED BY: Ashley Rodgers, Joe Dupree, Chris Pullin 'cr DATE 12/19/2013 Telephone No: 919-791-4200 Copy to file Copy to operator Copy to Mining Specialist Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Envirunntent and Natural Resources April 1, 2008 Mr. Justin Williams Hanson Aggregates Southeast, Inc. 100 Crescent Centre Parkway, Suite 1240 "fucker, GA 30084 Coleen It, Sullins, Director Division of Water Quality CERTIFIED MA RETURN RECEIPT REQUESTED 7003 2260 0005 5381 2440 Mr. Robert Snyder CERTIFIED MAIL Hanson Aggregates Southeast, Inc. RETURN RECEIPT_REQUESTED 2300 Gateway Centre Blvd. 7003 2260 0005 5381 2433 Morrisville, NC 27560 SUBJECT: Assessment of Civil Penalties Hanson Aggregates Southeast, Inc. NPDES General SW Permit NCG020000, COC No. NCG020052 Hanson Aggregates — Crabtree Quarry Wake County Case No. PC-2008-0004 Dear Sirs: This letter transmits notice of a civil penalty assessed against Hanson Aggregates Southeast, Inc. in the amount of $20,701.20, which includes $701.20 in investigative costs. Attached is a copy of the assessment document explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty (30) calendar days of receipt of this notice, you must do one of the following three options: . Submit payment of the penalty, OR File a request for remission of civil penalties, OR File a written petition to the Office of Administrative Hearings. Failure to exercise one of the above three options within thirty (30) calendar days of your receipt of these documents will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. These options are detailed below: Option 1 — Submit payment of the penalty: Payment should be made to the order of the Department of Environment and Natural Resources DENR . Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Do not include the attached waiver Form if making payment. Payment must be sent within 30 calendar days of receipt of this notice to the attention of: N.i,it`+hCarolina ,/vrrllmally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733.5083 Customer Survice Internet www.ncwsdergtiality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 . 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycleti110% Post Consumer Paper Hanson Aggregates Southeast, Inc. Wake County Case No. IIC-2008-0004 Page 2 of 3 John Hennessy NC DENR-DWQ — Wetlands and Stormwater Branch NI'S Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 2 — File a request for remission of civil penalties: A request for remission or mitigation is limited to consideration of the reasonableness of' the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the staternents contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request will not he processed without a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached "Waiver of Right to an Administrative Hearing and Stipulation of Facts" and the attached "Justification for Remission Request" which should describe why you believe: (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. For this option you must file your request for remission of civil penalties within thirty (30) calendar days of receipt of this notice with the NPS Assistance & Compliance Oversight Unit. Submit this information to the attention of: John Hennessy NC Df M-DWQ — Wetlands and Stormwatcr Branch NI'S Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Option 3 — File a written petition to the Office of Administrative Hearings: if you wish to contest any portion of the civil penalty assessment, you must file a petition for a contested case hearing. This must be in the form of a written petition to the Office of Administrative Hearing and must conform to Chapter 150B of the North Carolina General Statutes. A petition is considered filed when it is received in the Office of Admnistrative }-Hearings during normal business hours between 8:00 am and 5:00 pm, except for official state holidays. For further information, please refer to the Office of Administrative Hearings website (http:lhv%vw,ncoah.corn/) or call at (919) 733-2698. Hanson Aggregates Southeast, Inc. Wake County Case No. PC-2008-0004 Page 3 of 3 Within thirty (30) calendar days of receipt of this notice, you must file your original petition for a contested case hearing in the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 You must also mail or hand deliver a copy of the written petition to: `1'hornpson Ms. Mary fenny NCDLNR Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 and to: John Hennessy NC DENR-DWQ — Wetlands and Stormwater Branch NI'S Assistance & Compliance Oversight Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The violations addressed by this.assessment and any impacts to waters must be abated. You are encouraged to contact Judy Garrett with the DWQ Raleigh Regional Office at (919) 791 - 4200 if you need assistance in achieving compliance at the site. Please be advised that additional assessments may be levied for future, continuing, or other -*iolations beyond the scope of this specific assessment. If you have any questions, please contact Shelton Sullivan at (919) 733-5083 extension 544 or John Hennessy at extension 353. Si Ton)/Reeder D' ision of Water Quality A` FACHMENTS cc: Darmy Smith — DWQ Raleigh Regional Office Supervisor Judy Garrett — DWQ Raleigh Regional Office John Hennessy — DWQ NI'S Assistance & Compliance Oversight Unit Supervisor -- File Copy Water Quality Central Files Susan Massengale, 1110 JUSTIFICATION FOR REMISSION REO_UEST DWQ Case Number: PC-2008-0004 County: Wake Assessed Party: Hanson Aggregates Southeast, Inc. Permit No. (if applicable): NCGO20000 Amount Assessed: $20,701.20 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, f'aiver of Right to an Administrative Hearin.Q, and -Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-2811(c), remission of a civil penalty may be granted only when one or more of the following five factors applies, Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b) were-,wrong,fully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly_ abated continuing environmental dame resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent frture occurrences); _ (c) the violation was inadvertent or a result of an accident (i.e., explain wiry the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; (e) payment of the civil penaltyprevent payment for the remaining necessaEy remedial actions (i.e., explain how payment of'the civil penalty will prevent you,from performing the activities necessary to achieve compliance). EXPLANATION (attach additional pages as necessary): STATE OF NORTH CAROLINA COUNTY OF Wake ENVIRONMENTAL MANAGEMENT COMMISSION IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST } ADMINISTRATIVE HEARING AND Hanson Aggregates Southeast, Inc. ) STIPULATION OF FACTS CASE NO. PC-2008-0004 Having been assessed civil penalties totaling _ $ _ 2� 70_1.20 for violation(s) as set forth in the assessment document of the Director of the Division of Water Quality dated April 1, 2008, the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the Director of the Division of Water Quality within thirty (30) calendar days of receipt of the civil penalty assessment. No new evidence in support of a remission request will be allowed after thirty (30) calendar days from the receipt of the civil penalty assessment. This the day of ADDRESS TELEPHONE NAME (printed) SIGNATURE STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE MATTER OF Hanson Aggregates Southeast, Inc. FOR VIOLATIONS OF: NCGS 143-215.1, Conditions of NPDES GENERAL PERMIT NCG020000, 15A NCAC 213.0211 (3)(0, 15A NCAC 213.0233 (4) NORTH CAROLINA DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES Case No. PC-2008-0004 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to North Carolina General Statues (hereby known as G.S.) 143-215.6A, 1, Tom Reeder, of the Division of Water Quality (hereby known as DWQ), make the following: FINDINGS OF FACT: A. Hanson Aggregates Southeast, Inc. is a company organized and existing under the laws of the State of North Carolina. B. Hanson Aggregates Southeast, Inc. operates a rock quarry known as Hanson Aggregates - Crabtree Quarry located near the junction of Crabtree Creek and Duralcigh Road in Raleigh, Wake County, North Carolina. C. Hanson Aggregates Southeast, Inc. was issued a NPDES General Stormwater Permit No. NCG020000 (Certificate of Coverage #NCG020052) for the Hanson Aggregates - Crabtree Quarry on February 7, 2005. The current Certificate of Coverage will expire on December 31, 2009. D. On July 2, 2007 and July 5, 2007, DWQ staff conducted inspections at Hanson Aggregates - Crabtree Quarry. The inspections revealed that on June 29, 2007, a holding basin berm failed discharging untreated mine wastewater and residuals onto the stream bank and into Crabtree Creek, E. The DWQ site inspections and respective file review indicated that Hanson Aggregates Southeast, Inc. did not have an adequate Stormwater Best Management Practices Plan to prevent the failure of the basin berm and subsequent discharge of untreated mine wastewater and residuals into Crabtree Creek. F. Part III Section A. 1. of General Permit No. NCG020000 contains the following: The permittce shall implement stormwater BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, by products or I lansun Aggregates Soutlicast, Inc. Case No. PC-2008-0004 Page 2 of 7 waste product located on the site covered by this permit. A BMP Plan shall be developed in accordance with the requirements of this section. The BMP Plan requirement, or portions of the plan requirement, may be rnet by utilizing appropriate requirements in other documented plans specific to the permitted facility. G. The DWQ site inspections and respective file review indicated that Hanson Aggregates Southeast, Inc. did not conduct the BMP Inspection and Maintenance requirements of the NCG020000 permit. Insufficient Operation and Maintenance was indicated from the failure of the transfer pump, failure to maintain the sediment removal from the basin, and failure of the basin berm that resulted in the discharge of untreated mine wastewater and residuals onto the stream bank and into Crabtree Creek, H. Part III Section A. 3. of General Permit No. NCG020000 contains the following: BMP Controls Inspection and Maintenance. All stormwater BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The BMPs implemented shall be operated and maintained so that they are cleaned out when the sediment storage capacity has been reduced by 50%. If any visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation as to the mcasures taken to prevent future releases as well as any measures taken to remove the sediment that left the site. All other stormwater specific controls (e.g. oil/water separators) shall be inspected and qualitatively monitored (as per Part II.B.3) on a semiannual schedule, once in the fall (September —November) and once during the spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan and kept onsite for the duration of the permit term and made available to the Director upon request. The DWQ site inspections and respective file review indicated that there were no qualitative or analytical monitoring performed or records kept by Hanson Aggregates Southeast, Inc., and no records were available for review as required by the NCG020000 permit. Hanson Aggregates Southeast, Inc. Case No. IIC-2008-0004 Page 3 of 7 Part III Section B of General Permit No. NCG020000 contains the following; Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Land Disturbing Activities and Process Areas Discharge Characteristics Units Measurement Frequency 1 Sample Type 2 Sample Location3 Settleable Solids m11L Annually Grab SDO Total Suspended Solids mIIL Annually Grab SDO Turbidity NTUs Annually Grab SDO Total Rainfall 4 Inches Annually-- - Event Duration 4 Minutes Annually-- -- Total Flow MG Annually -- SDO Footnotes: Measurement Frequency: once per year during a representative storm event. 1.A year is dined as the 12 months period beginning on the month and day of issuance of the Certification of Coverage. The sample is located within the first 30 minutes of discharge form the outfall. Sample location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. For each sampled representative storm event, the total precipitation, storm duration, and total flow must be monitored. Total flow shall either; (a) measured continuouslv,(b) Table 5. Qualitative Monitoring Requirements. Discharge Characteristics Frequency Monitoring Location 1 Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi-Armual SDO Floatin 7 Solids Serni-Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Deposition at or immediately below the outfall Semi -Annual SDO Erosion at or immediately below the outfall Semi -Annual SDO Other obvious indicator of stonmvatcr Pollution Semi -Annual SDO Footnotes: 1. Monitoring location: Qualitative Monitoring shall be performed at each stormwaterdischarge outfall (SDO) associated with land disturbance areas, process areas and vehicle maintenance areas regardless of representative outfall status. K. DWQ file review indicated that Hanson Aggregates Southeast, Inc. failed to report to the DWQ Central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment. This information was not provided within 24 hours from the time the pennittee became aware of the Junc 29, 2007 pond I Ianson Aggregates Southeast, lne. Case No. PC-2008-0004 Page 4 of 7 failure. The berm was temporarily repaired, however, no report of a discharge, overflow or treatment unit failure was submitted to DWQ. L. Part IV, Section E. 8. of General Pen -nit No. NCG020000 contains the following: Twenty-four Hour Reporting. The pennittec shall report to the DWQ Central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time of the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. M. The DWQ site visits revealed that untreated mine -site wastewater and residuals were released and deposited into approximately 75 linear feet of the stream and in the riparian buffer. N. Title 15A North Carolina Administrative Code (hereby known as NCAC) 213,0211 (3)f requires that "Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses;" O. Title 15A NCAC 213.0233 (4) of the Neuse River Riparian Buffer Rules requires that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item (6) of this Rule. P. Impacts occurred to Crabtree Creek, a Class C, Nutrient Sensitive Water within the Neuse River Basin. Q. The costs to the State of the enforcement procedures in this matter totaled $701.20. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Hanson Aggregates Southeast, Inc. is a "person" within the meaning of G.S. 143- 215.6A pursuant to G.S. 143-212(4). B. Crabtree Creek located at the site constitutes waters of the State within the meaning of G.S. 143-212 (6). C. Under G.S. 143-215.1, a permit is required to cause or pennit discharges regulated under NCGS 143-214.7. I lanon Aggregates Southcast, Inc. Case No. I'C-2008-0004 Page 5 of 7 D. The General Stonnwater NPDES General pen -nit NCG020000 was issued to Hanson Aggregates Southeast, Inc. according to G.S. 143-215.1 and Title 15A NCAC 2H .0126. E. Hanson Aggregates Southeast, Inc. violated Part III Section A. 1. of General Pen -nit NCG020000 by failing to have an adequate Stormwater Best Management Practices Plan that ensured that contaminates did not enter surface waters via stormwater that comes in contact with byproducts or waste products located on the site covered by the permit. F. Hanson Aggregates Southeast, Inc. violated Part III Section A. 3. of General Permit NCG020000 by failing conduct BMP Inspection and Maintenance requirements of the pennit. G. Hanson Aggregates Southeast, Inc. violated Part III Section B: Analytical and Qualitative Monitoring General Permit NCG020000 by failing to perform qualitative or analytical monitoring from February 7, 2005 to July 5, 2007. H. Hanson Aggregates Southeast, Inc, violated Part IV, Section E. 8. 'Twenty-four Hour Reporting of General Permit NCG020000 by failing to report to the DWQ any noncompliance which may endanger health or the environment orally within 24 hours from the time of the pennittee became aware of the circumstances. I. Hanson Aggregates Southeast, Inc. violated 15A NCAC 213 .0211 (3)(0 by the release of untreated mine -site wastewater and residuals into Crabtree Creek. J. Hanson Aggregates Southeast, Inc. violated 15A NCAC 2B .0233 (4) of the Neuse River Riparian Buffer Rules by the impacts to the riparian buffer from the deposition of mine -site residuals within the riparian buffer. K. Hanson Aggregates Southeast, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(1), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who violates any classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2, or 143-215. L. Hanson Aggregates Southeast, Inc. may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A (a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) per violation per day may be assessed against a person who is required but fails to apply for or to secure a pen -nit required by G.S. 143-215.1, or who violates or fails to act in accordance with the tenns, conditions, or requirements of such permit or any other permit or certification issued pursuant to authority conferred by this Part. Manson Aggregates Southeast, Inc. Case No. PC-2008-0004 Page 6 of 7 M. Hanson Aggregates Southeast, Inc. may be assessed civil penalties pursuant to G.S. 143-215.6A (a)(6) which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000.00) per violation may be assessed against a person who violates a rule of the Commission implementing this Part, Part 2A of this Article, or G.S. 143-355(k). N. The State's enforcement costs in this matter may be assessed against Hanson Aggregates Southeast, Inc. pursuant to G.S. 143-215.3(a)(9) and NCGS 14313- 282.1(b)(8). O. Tom Reeder of the Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter, Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Hanson Aggregates Southeast, Inc. is hereby assessed a civil penalty of: $ yapp , d 0 For (1) violation of Part Ill Section A. 1. of General Pennit NCG020000 by failing to have an adequate Stonnwater Best Management Practices Plan. $ yovo- 40 For (1) violation of Part III Section A. 3. of General Pen -nit NCG020000 by failing to conduct the BMP Inspection and Maintenance requirements of the NCG020000. $ 2-000 . d>0 For (1) violation of Part III Section B of General Permit NCG020000 by failing to perform qualitative and analytical monitoring from February 7, 2005 to July 5, 2007. $ 00000 For (1) violation of Part IV, Section E. 8. of General Pen -nit NCG02000 by failing to report to DWQ any noncompliance which may endanger health or the environment orally within 24 hours from the time of the permittee became aware of the circumstances. $ 1-/ooy • UU For (1) violation of Title 15A NCAC 2B .0211 (3)(t) by the release of mine -site wastewater and residuals into Crabtree Creek. IIansnn Aggp-cgates Southeast, Inc. Case No. PC ?008-0004 Page 7 of 7 S 2000- 00 For (1) violation of Title 15A NCAC 2B .0233 (4) of the Neuse River Riparian Buffer Rules by the deposition of waste mine -site residuals within the riparian buffer. S �-o, 00o - e-W $ 701.20 TOTAL CIVIL PENALTY Enforcement costs. TOTAL AMOUNT DUE Pursuant to NCGS 143-215.6A(c), in detennining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of'Law and the factors set forth at NCGS 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures; Y /QV -<� (Date) Tom eder Div' n of isWater Quality February 7, 2008 NC DENR DWQ Storm Water Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Attn: Mr. Ken Pickle Dear Mr. Pickle: ' FM 12 2008 4 �ENR RALEIGH REGIONA1 OFFICE ■ ❑ ■ Hanson HEIDELBERGCEMENTGroup Hanson Aggregates Mideast Southeast Area North Carolina Territory Office 2300 Gateway Centre Boulevard Morrisville, NC 27560-9626 Tel 919 380 2610 Fax 919 380 2616 www.hanson.com In response to your e-mail correspondence dated January 7, 2008, please find enclosed three copies of the revised plans for the containment pond for the Crabtree Quarry. The following comments and revisions to the plan were prepared by Mr. Allen King, a Lehigh Hanson employee and professional engineer licensed in the State of North Carolina. Comments and revisions to the plans are as follows: A. The slope as shown on the Section A A on sheet #1 (--245 top and 225 toe) is the existing slope from the plant down to Crabtree Creek. The portion of the slope from elevation 225 to 240 has been in place since the construction of the plant approximately in the late 1950's. This area has been constructed of structural fill, rock and rip -rap. Over the course of the years this slope has established with volunteer vegetation. To modify this slope would require permitting from the Corp of Engineers and Division of Water Quality. The back slope of the basin is under the plant area and, therefore, not possible to change. The interior slope of the basin was designed utilizing the grade elevations as surveyed. As a rule of thumb, for embankment stability, the sum of the horizontal component of the internal & external slopes should equal 5 or greater (meaning if the interior slope is 2:1 the exterior slope should be 3:1 or greater). Using the existing exterior slope estimated by Mr. Pickle (1.5:1) the interior slope should be constructed at 3.5:1 slope. The details and plans have been modified to reflect the change in the slopes. As shown, this change moves the center line of the basin approximately 4 feet towards the plant. This would make an insignificant change in the volume of the basin. B. The detail showing the EPDM membrane has been revised to show a reinforced pond liner membrane 45 mil. thick. C. The pump float settings have been revised as follows: Pump On & Pump Off elevation equals 241.0, the emergency Pump Off elevation will be been set at 243.5. The float settings are such that the "pump off' elevation allows for the basin to be de watered without the sump being completely drained. The pump_on" elevation has been set for 241.0. 1 a JUN 2 7 2008 DENIM nn�t un „�u�li',I t;iF1CI .Jl� Given the small basin size and the estimated Q25 of 11.22 CFS, with these float settings the pump (capacity is 3500 GPM) will cycle as; basin fill time for 35 minutes and pump run time for 80 minutes. The upper `pump off' elevation of 243.5 has been set at the same elevation as the crest of the emergency spillway. This has been set such that in the event that water surface elevation of Crabtree Creek rises to the point such that it begins to back flow into the basin the pumps will be shut off so as to not allow for creek water to be pumped into the pit. As the creek water level drops, power to the pumps can be restored and pumps automatically restarted. D. The upslope limit of the basin terminates at the foundation of the plant structure. Since the installation of the basin, during large storm water events, water does back up and spread under the plant. Although the water does back up under the plant the 3500 GPM capacity pumps keeps this to a minimum. E. Acknowledged and revised. We trust that this information is sufficient for your review and approval. Should you have additional questions feel free to contact me. Sincerely, Robert Snyder Encl.: cc: James Hilton LeHigh Hanson Crabtree Ms Judy Garrett Mr. John Holley, PE NC Department of Environment and Natural Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Ms. Judy Wehner NC Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 W ATF7 Q Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Colleen H. Sullins, Director Division of Water Quality MEMORANDUM January 15, 2008 TO: Tom Reader FROM: Judy Garrett THROUGH: Danny Smith SUBJECT: Enforcement Recommendation, Case No. PC-2008-0004 Hanson Aggregates Southeast, Inc.- Crabtree Quarry NPDES General Permit No. NCG020000 Certificate of Coverage NCG020052 Permit Conditions Violations Wake County Attached is a recommendation for civil penalty assessments against Hanson Aggregates Southeast, Inc for several violations of the conditions of the general permit. On Saturday, June 30, 2007, Emergency Management received a call concerning chalky material along Crabtree Creek in the vicinity of the Crabtree Quarry. 1 inspected the site on July 2, 2007 in conjunction with the Land Quality Section and found that a discharge had occurred from a process and storm treatment basin. There were also problems in their solids handling across the creek. 1 also found that the basin was not properly designed to prevent similar occurrences in the future. Ken Pickle and 1 went back to the Quarry on July 5, 2007 and found several deficiencies in their stormwater program. A notice of violation was sent dated July 6, 2007. The company has since submitted plans to rebuild the settling basin with pumps which have telemetry. The Raleigh Regional Office recommends assessment of civil penalties for the violations noted in the attached F&D. If you have questions, please advise. North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Customer Service Internet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 623-6748 Phone (919)791.4200 FAX (919) 5714718 1-877- Noc'r'th Cato turaj An Equal OpportunilylAffirmative Action Employer— 50% Recycled110% Past Consumer Paper STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE MATTER OF } Hanson Aggregates Southeast, Inc. ) } FOR VIOLATIONS OF: } NCGS 143-215.1 } NPDES GENERAL PERMIT NCG020000 ) CERTIFICATE OF COVERAGE NCG020052 ) 15A NCAC 28.0211 (3) } NORTH CAROLINA DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2008-0004 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Tom Reeder of the Division of Water Quality (hereby known as DWQ), make the following: FINDINGS OF FACT: A. Hanson Aggregates Southeast, Inc is a company organized and existing under the laws of the State of North Carolina. B. Hanson Aggregates Southeast, Inc owns and operates a rock quarry known as Hanson Aggregates Southeast Crabtree Quarry located adjacent to the junction of Crabtree Creek and Duraleigh Road in Raleigh, North Carolina in Wake County. C. Hanson Aggregates Southeast, Inc was issued a NPDES General Stormwater Permit No. NCG020000 (Certificate of Coverage #NCG020052) for the Hanson Aggregates Southeast Crabtree Quarry on January 15, 2005. The current Certificate of Coverage will expire on December 31, 2009. D. On July 2, 2007 and July 5, 2007, DWQ staff conducted inspections at Hanson Aggregates Southeast Crabtree Quarry. The inspection results revealed that on June 29, 2007 a holding pond failed, discharging untreated wastewater and solids into Crabtree Creek. It was explained to DWQ staff -that a transfer pump in the pond was turned off and it had no float control. The treatment unit berm failed during an approximate 1 inch rain fall event. The berm was temporarily repaired and no report of a discharge, overflow or treatment unit failure was submitted to DWQ. E. The July 2, 2007 and July 5, 2007, DWQ inspections respective file review revealed the absence of analytical and qualitative monitoring, the absence of a Stormwater Best Management Practices Plan, Operation and Maintenance failures by failing of the Hanson Aggregates Southeast, Inc. Case No. PC-2008-0004 Wake County Page 2 of 10 pump, failing of basin, failing to removal sediment from the basin, the side -caste pile of residual materials (waste mine site residuals) on the stream bank (these solids were readily traced down the creek bank to waters) and the failure to report to DWQ within twenty-four hours of any noncompliance which may endanger health or the environment. F. During the site inspections, DWQ observed that Hanson Aggregates Southeast, Inc. did not have a Stormwater Best Management Practices Plan that ensured that contaminates did not enter surface waters via stormwater that comes in contact with byproducts or waste products located on the site covered by the permit. G. General Permit No. NCG020000 contains the following limitation: Part III Section A. Stormwater Best Management Practices Plan:1. The permittee shall implement stormwater BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, by products or waste product located on the site covered by this permit. The BMP Plan requirement, or portions of the plan requirement, may be met by utilizing appropriate requirements in other documented plans specific to the permitted facility. H. During the site visit, DWQ confirmed that Hanson Aggregates Southeast, Inc did not remove sediment, when storage capacity has been reduced by 50% and did not record with a brief explanation as to the measures taken to prevent future releases sedimentation as well as any measures taken to remove the sediment that left the site. I. Part III_ Section A. Stormwater Best Management Practices Plan:3. BMP Controls Inspection and Maintenance. All stormwater BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The BMPs implemented shall be operated and maintained so that they are cleaned out when the sediment storage capacity has been reduced by 50%. If any visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to remove the sediment that left the site. All other stormwater specific controls (e.g. oil/water separators) shall be inspected and qualitatively monitored (as per Part TI.B.3) on a semiannual schedule, once in the fall (September — November) and once during the spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be Hanson Aggregates Southeast, Inc. Case No. PC-2008-0004 Wake County Page 3 of 10 maintained and incorporated into the BMP Plan and kept onsite for the duration of the permit term and made available to the Director upon request. J. During the site visit, DWQ confirmed that Hanson Aggregates Southeast, Inc Equipment utilized during mining activity on a site was not operated and maintained in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. K. Part III Section A. Preventive Maintenance Inspections and Good Housekeeping Practices: 5. Preventive Maintenance Inspections and Good Housekeeping Practices. Equipment utilized during mining activity on a site must be operated and maintained in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface waters of ground water of the state and in accordance with applicable federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner that does not allow their entry into the surface waters or ground waters of the state. L. On July 5, 2007, DWQ confirmed that for Hanson Aggregates Southeast, Inc, no qualitative or analytical monitoring was performed or records kept. From January 19, 2005 to July 5, 2007, no analytical monitoring or qualitative monitoring results were available for review. M. Part _III Section B Analytical and Qualitative Monitoring Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Land Disturbing Activities and Process Areas Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Settleable Solids ml/L Annually Grab SDO Total Suspended Solids ml/L Annually Grab SDO Turbidity NTUs Annually Grab SDO Total Rainfall 4 Inches Annually -- Event Duration 4 Minutes Annually -- Total Flow MG Annually -- SDO Footnotes: 1. Measurement Frequency: once per year during a representative storm event. LA year is dined as the 12 months period beginning on the month and day of issuance of the Certification of Coverage. Hanson Aggregates Southeast, Inc. Case No. PC-2008-0004 Wake County Page 4 of [0 2. The sample is located within the first 30 minutes of discharge form the outfall. 3. Sample location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4. For each sampled representative storm event, the total precipitation, storm duration, and total flow must be monitored. Total flow shall either; (a) measured continuously,(b) Table 5. Oualitative Monitoring Requirements. Discharge Characteristics, Frequency Monitoring Location 1 Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Deposition at or immediately below the outfall Semi -Annual SDO Erosion at or immediately below the outfall Semi -Annual SDO Other obvious indicator of stomwtaer pollution Semi -Annual SDO Footnotes: 1. Monitoring location: Qualitative Monitoring shall be performed at each stormwater discharge outfall (SDO) associated with land disturbance areas, process areas and vehicle maintenance areas regardless of representative outfall status. N. DWQ confirmed that Hanson Aggregates Southeast, Inc. failed to report to the DWQ Central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment. This information was not provided orally within 24 hours from the time of the permittee became aware of the circumstances. M. Part IV,Section E. Twenty-four Hour reporting 8. The permittee shall report to the DWQ Central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time of the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not bee corrected, the anticipated time compliance is expected to Hanson Aggregates Southeast, Inc. Case No. PC-2008-0004 Wake County Page 5 of 10 resume; and steps taken or planned to reduce, eliminate, and prevent reoccurrences of the noncompliance. L. Hanson Aggregates Southeast, Inc. holding pond failed, discharging untreated wastewater and solids into Crabtree Creek. The treatment unit berm failed during an approximate 1 inch rain fall event. Also, side -caste pile of residual materials (waste mine site residuals) on the stream bank (these solids were readily traced down the creek bank to waters). M. Title 15A North Carolina Administrative Code 2B .0211 (3)f requires that "Oils; deleterious substances; colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation or to aquatic life and wildlife or adversely affect the palatability of fish, aesthetic quality or impair the waters for any designated uses;" N. Title 15A North Carolina Administrative Code 2B .0233 (4) of the Neuse River Riparian Buffer Rules requires that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item (6) of this Rule. O. Crabtree Creek is a Class C, Nutrient Sensitive Water in the Neuse River Basin. P. The costs to the State of the enforcement procedures in this matter totaled $3155.80 Q. Based upon the above Findings of Fact, I make the following: II. CONCLUSIONS OF LAW: A. Hanson Aggregates Southeast, Inc. is a "person" within the meaning of North Carolina General Statute (hereby known as NCGS) 143-215.6A pursuant to NCGS 143-212(4). B. Under NCGS 143-215.1, a permit is required to cause or permit discharges . regulated under NCGS 143-214.7. C. The General Stormwater NPDFS General permit NCG020000 was issued to Hanson Aggregates Southeast, Inc. with NCGS 143-215.1 and 15A NCAC 2H .0126. D. Hanson Aggregates Southeast, Inc. violated Part III Section A. Stormwater Best Management Practices Plan:I of General Permit NCG020000 by failing to have a Stormwater Best Management Practices Plan that ensured that contaminates did not Hanson Aggregates Southeast, Inc. Case No. PC-200E-0004 Wake County Page 6 of 10 enter surface waters via stormwater that comes in contact with byproducts or waste products located on the site covered by the permit. E. Hanson Aggregates Southeast, Inc. violated Part III Section A. Stormwater Best Management Practices Plan:3 of General Permit NCG020000 by failing to remove sediment, when storage capacity has been reduced by 50% and by failing to recorded with a brief explanation as to the measures taken to prevent future releases sedimentation as well as any measures taken to remove the sediment that left the site. F. Hanson Aggregates Southeast, Inc. violated Part III Section A. Preventive Maintenance Inspections and Good Housekeeping Practices: 5 of General Permit NCG020000 by failing to operate and maintain facilities in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. G. Hanson Aggregates Southeast, Inc. violated Part III Section B Analytical and Qualitative Monitoring General Permit NCG020000 by failing to perform qualitative or analytical monitoring from January 19, 2005 to July 5, 2007. H. Hanson Aggregates Southeast, Inc. violated Part IV, Section E. Twenty-four Hour reporting S. General Permit NCG020000 by failing to report to the DWQ Central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment orally within 24 hours from the time of the permittee became aware of the circumstances. I. Hanson Aggregates Southeast, Inc. violated 15A NCAC 2B .0211 (3)f by the release of untreated wastewater and solids into Crabtree Creek. J. Hanson Aggregates Southeast, Inc. violated 15A NCAC 2B .0233 (4) of the Neuse River Riparian Buffer Rules by the impacts to Zones 1 riparian buffer from the placement of side -caste pile of residual materials (waste mine site residuals) on the stream bank. K. Hanson Aggregates Southeast, Inc maybe assessed civil penalties in this matter pursuant to NCGS 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty-five thousand dollars ($25,000) maybe assessed against any person who is required but fails to comply with conditions of permits issued pursuant to NCGS 143-215.1. L. The State's enforcement costs in this matter may be assessed against Hanson Aggregates Southeast, Inc. pursuant to NCGS 143-215.3(a)(9) and NCGS 143B- Hanson Aggregates Southeast, Inc. Case No, PC-2008-0004 Wake County Page 7 of 10 282,1(b)(8). M. Tom Reeder of the Division of Water Quality, pursuant to'delegation provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: III. DECISION: Accordingly, Hanson Aggregates Southeast, Inc. is hereby assessed a civil penalty of: For (1) violation of Part III Section A. Stormwater Best Management Practices Plan:I of General Permit NCG020000 by failing to have a Stormwater Best Management Practices Plan that ensured that contaminates did not enter surface waters via ston-nwater that comes in contact with byproducts or waste products located on the site $ For (1) violation of Part LLI Section A. Stormwater Best Management Practices Plan:3 of General Permit NCG020000 by failing failing to remove sediment, when storage capacity has been reduced by 50% and by failing to recorded with a brief explanation as to the measures taken to prevent future releases. $ For (1) violation of Part III Section A. Preventive Maintenance Inspections and Good Housekeeping Practices: 5. General Permit NCG020000 by failing to operate and maintain facilities in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. Hanson Aggregates Southeast, Inc. Case No. PC-2008-0004 Wake County Page 8 of 10 $ For (1) violation of Part III Section B Analytical and Qualitative Monitoring of General Permit NCG020000 by failing to perform qualitative or analytical monitoring from January 19, 2005 to December 31, 2009. $ For (1) violation of Part IV, Section E. Twenty-four Hour reporting 8. General Permit NCG02000 by failing to report to the DWQ Central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment orally within 24 hours from the time of the permittee became aware of the circumstances. $ For (1) violation of 15A NCAC 213 .0211 (3)f by the release of untreated wastewater and solids into Crabtree Creek. $ For (1) violation of 15A NCAC 2B .0233 (4) of the Neuse River Riparian Buffer Rules requires that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item (6) of this Rule. $ TOTAL CIVIL PENALTY $ 3155.80 Enforcement costs. $ TOTAL AMOUNT DUE Pursuant to NCGS 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at NCGS 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs Hanson Aggregates Southeast, Inc. Case No. PC-2C08-0004 Waite County Page 9 of 10 over which the Environmental Management Commission has regulatory authority; and ($) The cost to the State of the enforcement procedures; (Date) Tom Reeder Division of Water Quality Hanson Aggregates Southeast, Inc. Case No. PC-2008-0004 Wake County Page 10 of 10 #` wor !s 4 L e w •yi- r +,tr .�"f _ tih ° t ' .. jai+ _x' V rS : - 1 a 1 4 4 _�-•r- 'n ;- j Y j �+� ; - k 'i, ' LAM r � ,� 41 77- A V, n imm Settling Pond Berm showing failure area with temporary repair. i il,. -; rt Lf - f i{{tS T � 14 � • r r } y �, ..��''allr'!i :�• , 4i: .jcY d/��`4 jJ � t i :ram q °r�c7 i ....' � � �� tom•. i 3 _ Treatment pond on other Side of Crabtree Creek Solids dipped from ponds r t r f 5 fyF qi i� i ! �' � h r t , ^ r � C i a • i •_• �+ t''y t •yam yA '' .i i - . _. h • �//s��[(.�lt■yyi._Y± -�{� ' 1� � + -�� 1 -'� �i•Ti' 7 �l 4 .. c � �` �,'�t :� � '?�+A �;'�'�ycy,�* •i' y . 77 )*e y T. .� - ' Y• 1 /4 t c_ ..� 1� �' i 'f =i ��.. f4 •ice, ,.� F r5ti"-".• _,; �?-� �'' tars �._ . � ; �. .r a ` 1 Xt�Fe yX r G fit• ice:}leg •�_Ci �{^�.- t , � r ,tom . ♦�i {��+} ,.a 1 r�,. Y ,4, � ; Settling Pond Berm showing failure area with temporary repair. TopoZone - USGS Raleigh West (NC) Topo Map http://www.topozone-com/print.asp?lat=35.84552&1on=-78.71438& Wni �`�Ir RK, {/mow► 1J' r _\lNNP �54 'C.' J r� +/��i 11rr �' �ar,.-�- "'� v �•��I PLO �� +i �i Roo LI WIN 0 0.3 0.6 0.9 1.2 1.5 km 0 0.2 0.4 0.6 0.8 1 mi UTM 17 706416E 3969226N (NAD83/WGS84) USGS Raleigh West (NC) Quadrangle M=-8.775 Projection is UTM Zone 17 NAD83 Datum G=1.339 of 1 1 114Mnno r n.nA "w . —If 1 now MEN ■ " Hanson 2300 Gateway Centre Blvd, Morrisville, NC 27560 August 15, 2007 Tel 919 380 2500 Fax 919 380 2522 Ms. Judy Garrett North Carolina Department of Environment and Natural Resources Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Notice of Violation, NOV-2007-PC-0472, Hanson Crabtree Quarry, Basin Discharge Design Dear Ms. Garrett: We have evaluated the feasibility of various options with regard to the removal of water from the basin adjacent to the processing plant at Crabtree Quarry. Based on our evaluation, we intend to install an electric pump with self starting generator back up (emergency) power supply. Both the pump and generator will be located adjacent to the basin. The pump and generator will operate on a float or laser water level sensing system so that it will operate automatically after hours. The system will have off hours monitoring capability. The pump will remove water from the basin and discharge it to the quarry pit during certain storm events. Water from the basin will still be discharged to the settling ponds on the south side of Crabtree Creek under normal operating conditions. We have submitted a capital request to our corporate office for the funds to purchase and install the equipment. The rental pump will remain in place until the purchased equipment is in place and operational. Please contact me should you require additional information. rely, Robert Snyder Environmental Manager cc: Justin Williams, Hanson Atlanta James Sprinkle, Hanson Morrisville David Morgan, Hanson Morrisville James Hilton, Hanson Crabtree 07/09/2007 09:39 919-380-2756 HANSON TECH SVC PAGE 02 one RON MEN Hanson Sent Certified Mail Return Receipt Requested 2300 Gateway Centre Blvd, MarriWIle, NC 27560 Tel 919 380 2500 July 31, 2007 Fax 919 380 2522 Ms: Judy Garrett North Carolina Department of Environment and' Natural Resources Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Notice of Violation, NOV-2007-PC--0472, Hanson Crabtree Quarry Dear Ms. Garrett: Pursuant to your letter dated July 6, 2007 we are submitting the attached response for your review. The response outlines temporary measures installed after June 30, 2007 and future permanent measures to ensure the integrity of the erosion control structures. The response also includes training to be conducted and maintenance schedules for activities related to erosion monitoring and control. We are still evaluating options for permanent measures to remove water from the basin adjacent to the plant and options for basin design. We expect to have a determination soon and we will keep you informed as to the outcome. A plan will be submitted to remove debris from the creek; however, further discussions with the Division of Water Quality is requested due to site personnel safety considerations. The, accompanying schedule is predicated on intemai company approvals. Please contact me should you require additional information. Cely, Robert Snyder Environmental Manager Encl: cc: Justin Williams, Hanson Atlanta James Sprinkle, Hanson Morrisville David Morgan, Hanson Morrisville James Hilton, Hanson Crabtree 07/09/2007 09:39 919-380-2756 HANS©N TECH SVC PAGE 03 Hanson Aggregates Crabtree Quarry Page 1 of 6 L Violation of Part 11, Section B2 of NPDES Permit NCGO20000: The above mentioned discharge to Crabtree Creek is violation of Part II Section B.2. of the permit. Immediate Temporary Measures: During the afternoon of June 27, 2007 site personnel were pumping water from a basin adjacent to the plant to a pond on the south side of Crabtree Creek. This is the typical work practice since the basin is not intended to discharge. In response to a late afternoon stornn event site personnel ati Crabtree Quarry reinforced the berm wall on the west side of the basin prior to the close of work. The berm was intact at the time of departure, approximately 5:00 PM- Upon arrival at Crabtree Quarry at 6_00 ATM on Saturday June 28, 2007 site personnel discovered that the berm bad breached. Repairs to the berm were begun and completed by 8:30 AM, June 28, 2007. In response to the breach site personnel reinforced the west (along the existing approved creek crossing road) and south (bordering Crabtree Creek) walls of the berm with washed stone. An existing pump that was used to remove water from the basin and deliver it to the settling pond on the south side of the creek was replaced with larger (rental) pump. The basin was then monitored during subsequent storm events to ensure sufficient pump capacity for storm water removal. As a result of these inspections the rental pump was replaced with a larger rental pump which was found to be adequate to remove accumulated storm runoff. It includes a float system which automatically turns the self priming pump on and off as the water level in the basin increases and decreases. The pump discharge was changed so that storm water is directed to the quarry pat. Basin monitoring during storm events also discovered leaching from the stone lining the basin. To alleviate this problem a geotextile liner was installed on the south and west sides of the basin. Permanent Measures: 1. Reducing the amount of runoff to the basin will be the primary objective of the permanent measures. Therefore, a road diversion has been constructed in such a way that as much of the water entering the site and flowing down the haul road is diverted to a holding area recently constructed in the quarry pit. We will also keep as much runoff as possible from Duraleigh Road from entering the site. Another major source of runoff is from haul road leading to the primary. We will permanently divert as much of this runoff to the quarry it as possible- 2- Basin Discharge Options: Option #1 A concrete box culvert or pipe will be buried in a channel connecting the northwest corner of the basin (closest to the platform 07/09/2007 09:39 919-380-2756 HANSON TECH SVC PAGE 04 Hanson. Aggregates Crabtree Quarry Page 2 of 6 along the motor control building) and the quarry pit wall adjacent to the water truck fill station. The culvert or pipe will dip toward the quarry pit to ensure the gravity flow of storm water into the pit. The inlet to the culvert or pipe will include a drop inlet pipe with trash guard or similar device. The gravity drainage design into the quarry pit is subject to the ability to excavate a channel along the desired path. This option is complicated by the large amount of buried electrical conduit and water lines in the plant area. Qption #2 If the gravity feed design proves infeasible, a diesel (or electric) pump and .float system, similar to the temporary system currently employed will be installed. The pump system will have emergency generator power supply backup in the event of a power failure. It will also include a telephone contact system to alert company personnel in the event of a system failure. We are evaluating the necessary pump capacity at this time. 3. We are currently evaluating the permanent configuration of the basin since the temporary measures used to reinforce the basin have been effective is preventing discharges. 2. Violation of Part IV, Section ES of NPDES Permit NCG020000 ,Failure to report the above -mentioned discharge within 24 hours of the discharge is a violation of Part IV, Section E. 6. of the permit. The discharge occurred between Friday evening and early Saturday morning. It was not discovered until personnel entered the site early Saturday morning. Their immediate response was to repair the basin which was completed before 8.30 AM Saturday. Personnel at the site were unaware of the need to report a discharge from the basin. However, site personnel have been made aware of the need to report rnann,ctions of erosion control structures. Additional training of site personnel is planned for Friday August 3. 3. Violation of the Neuse Buffer Rules: The large deposit of wastewater solids observed along the creek bank is violation of Title 15A NCAC 02B .0223 (4) which states that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except far those uses provided for in Item (8) of this Rule. 07/09/2007 09:39 919-380-2756 HANSON TECH SVC PAGE 05 Hanson Aggregates Crabtree Quarry Page 3 of 6 The Crabtree Quarry was opened in the 1950's. Much of the infrastructure located along the creek bank in the area of the basin and elsewhere was installed at the time the plant was constructed. The installation of plant infrastructure along the creek bank was in response to the treed for water for plant processes or for the need to move materials from one side of the creek to the other. This area has thus sustained continual use for maintenance and other quarry related'activities over the last 40 or more years. The area around the basin has remained an active part of the pit and was considered part of the state approved road crossing. The haul road creek crossing was in response to the need to move heavy equipment to the south side of the creek to conduct mine related activities. The haul road creek crossing was approved in 1992. The road traversed both the creek and buffer on two sides. It is difficult to estimate the original creek bank because activities related to the mine have influenced a small section of creek bank from the inception of the quarry opening. The original creek line is unknown; however, we propose to remove a band of sediment approximately 10" wide by 30' long along the edge of the creek subject to receipt of necessary state approvals. The plant infrastructure including primarily piping and pump is now obsolete however its connection with the plant needs to be evaluated to determine the feasibility of its removal. The approved creek crossing will remain to allow for access to the NPDES discharge point. A pipe which delivers make up water from the pit to the settling ponds is located in this area. It continues to serve as the NPDES discharge point. 4. Violation of Part IV. Section C I — Proper Operation and Maintenance of NPDES Permit NCG020000. The material piled -up about 15-20 feet high beside the ponds and the sediment basin was. full of solids were traced down the creek bank to the creek The settling ponds are located on the south side of the creep_ The ponds receive process water from the plant in a pump and gravity feed system. Water from the plant is gravity fed through a pipe across the creek to a small pond from which it is pumped to the upper settling pond. Since the upper pond receives the most heavily silt Iaden water from the plant it is the first stage in the process of settling silt from, the process water. The pile to which Item #4 refers is the material dipped from the upper settling pond in response to the settling of the fines. The silt removed from the settling pond cannot be loaded directly into trucks for transport to the final disposal area. It must be dried so that it can 07/09/2007 09:39 919-380-2756 HANSON TECH SVC PAGE 06 Hanson Aggregates Crabtree Quarry Page 4of6 be handled. The pond fines have not been removed from the area adjacent to the upper settling pond for an extended period of time. Immediate Temporary Measures: In response to these maintenance issues, a silt fence extending approximately 65' was installed along the top of the Crabtree Creek bank in the area of the upper settling pond fines pile. A channel was then cut between the large dried pond fine pile and the silt fence from near the end of upper settling pond access road to the sediment basin. The sediment basin was excavated to remove accumulated sediment and the channel restored that connects the sediment basin discharge to the lower settling pond_ Rock check dams were installed along the channel. Silt fence was also installed in other areas to control runoff. Rock check dams were installed along the access road to the upper settling pond. Permanent Measures: In response to these maintenance issues and in response to fines leaching over the bank the following permanent measures are to be installed: 1. The area designated for final disposal of the pond fines will be inspected for suitability to ensure it is contained and stable for accepting the dried pond fines. Once established, the existing pond fines pile will be moved to the disposal area, graded and seeded within one week of completion. A permanent berm will be created using remaining, fines currently in place and the outside edge of the existing fines pile. The area will be graded into a uniform berm extending from the end of the topographic high at the end of the upper settling pond access road to the discharge end of the sediment basin and the affected surface seeded. A travel lane next to the pond and a dedicated depositional work zone will remain to allow for pond cleaning and fines drying. The berm will be undisturbed by future pond cleaning. The berm will be approximately 7' high and 14' wide at the base. The berm will be seeded within one week of completion. 2. The detention basin and channel discharge to the lower settling pond wit] be sloped where needed and the channel seeded. 3. A permanent ditch will be created along the edge of the access road from Duraleigh Road to the upper settling pond. The access road will be sloped to direct storm water runoff toward the ditch. The ditch will be constructed using best management practices from the North Carolina Storm Water Manual. It will direct storm water runoff around the settling pond area to Crabtree Creek. The following maintenance schedule will be adhered to annually: 07/09/2007 09:39 919-380-2756 HANSON TECH SVC PAGE 07 Hanson Aggregates Crabtree Pace 5 of 6 l . The upper settling pond is i the fines will be allowed to The dried fines will be rern calendar year in which the control of site persoimel pri then the pond fines will be next calendar year. The po seeded within two weeks o' conditions. 2. The sediment basin and ch, required; however, mainter removal of the dried pond 1 3. A well defined ditch along constructed and lined with: will be graded to direct stow installed. 5. Violation of Part III froth the absence of a The update for the combined spill 1 water pollution prevention plan for discussion of best management pra sediment control measures, The uI map with locations of outfalls and c listing of spills in the last three yea maintenance and good housekeepir wally cleaned annually or as needed. When cleaned lry in the dedicated work zone adjacent to the pond. ved to the final disposal location before the close of onds were cleaned. If circumstances beyond the -lode their removal during the same calendar year, _moved within six months of the beginning of the d fines removed to the final disposal area will be completion of the removal process subject to weather tel will be inspected before and after storm events as ce will be performed after the completion of the .s or as needed. edge of the upper settling pond access road will be rap and covered with #57 stone. The road surface water toward the ditch. Rock check dams will be A of NPDES Permit NCG020000 Water Management Practices Plan. ;vention, control and countermeasures and storm rabtree Quarry has been completed and includes a ices as they relate to the construction of erosion and iced plan also includes a general location map, site linage areas, an appendices that includes space for a a BMP summary, a discussion of preventative plan and an inspection checklist. 6. Violation of Part III Sectio B of NPDES Permit NCG020000 From the absence of analytical or,ualitative monitoring as required by the permit. 07/09/2007 09:39 919-380-2756 HANSON TECH SVC PAGE 08 Manson Aggregates Crabtree Quarry Page 6 of 6 Immediate Temporary Measures: The Crabtree Quarry has been evaluated for storm and process water discharges annually or more frequently. Storm water is directed back to the pit, to the settling ponds or to the basins. Nevertheless, the affected area of the site was evaluated by Hanson personnel for potential storm water discharge points on July 14, 2007 and subsequently during recent storm events. Five potential storm water discharge locations exist on site and are numbered SDOI — SM. Not all were observed during a recent storm events but if not inspected during a storm event they were inspected for evidence of discharges immediately afterward. SDO1, SD02, SDO3, SDO4 and SDO5 have defined discharge point source conveyances (pipes or channels); however, none were found to discharge or suspected to have discharged from the site during these events. The fines material located along the south side Crabtree Creek bank leached from a small pile of pond fines located along the top of the bank. This area has since been temporariIy protected by a silt fence and will permanently be protected by a vegetated berm. Each SDO will continue to be monitored during storm events and if found to discharge qualitative and quantitative monitoring will be performed. The plant process water discharge, NPDES 001 has been quarterly sampled and tested as required. Permanent Measures: Each SDO discharge location has been identified and observed by the individuals who will be responsible for managing or conducting the storm and process water monitoring and sampling. Each of these individuals has surveyed the affected land at the site for other potential storm water discharge locations and thus is familiar with all areas of known concentrated storm water runoff. Each will be responsible for performing qualitative and quantitative storm water monitoring and sampling. Site personnel will also be utilized to perform SDO monitoring. The updated spcc/swpp plan includes a list of individuals responsible for this task. These individuals will also be informed of any future land disturbing activities. Future land disturbances will be inspected prior to and during the process to ensure proper storm water management. Hanson Aggregates Crabtree Quarry July 30, 2007 Task _ 1 complete evaluation ofwater removal method 2 inform DWG of water removal design 3 determine extent of debris removal and method 4 complete site training of personnel 1 stabilize pond fines disposal area 2 move pond fines to final disposal area 3 seed pond fines final disposal pile 4 grade buffer between work zone and creek bank 5 seed buffer, slope channel walls G extend storm water channel around ponds _ ---_--- 1 remove debris from creek edge 2 evaluate the feasibillty of removing the pump and piping from bank 3 prepare basin and plant area 4 complete basin installation 5 install pump or gravity feed system fi remove temporary water removal measures 7 slope and place rock along affected creek bank Date (with task completion dates) August•07 September-07 October-07 Navembar•07 Decamp er-07 _;� •1.5-Aug: -- ;15�Sep_= 45 LO n w m N J cn m m n m m w 07/28/2007 16:00 919-380-2756 HANSON TECH SVC PAGE 02 Hanson Crabtree Quarry August 17, 2407 Plan for removal of debris from Crabtree Creek: A. Area and size of removal. Hanson voluntarily proposed the removal of 'sand and gravel from the edge of Crabtree Creek. Hanson proposes to remove material for the edge of the creek down to the level of the water surface to at or near a low water mark for Crabtree Creek. We propose to remove the material without entering the creels or disturbing the creek bottom at low water flow. B. Plan for removal We, have safety concerns that make the use of shovels and buckets for the removal of sand and stone from the creek edge a problem The creek bank is steep and the terrain is rough making it would be difficult to negotiate the bank carrying buckets full of sand and stone. We, therefore, propose to remove the debris from the creek edge through the use of a backhoe and make repairs to the creek crossing road as follows. All work will be done during dry weather to the greatest extent possible and to perform the work as quickly as possible to minimize impacts on the creek. As stated above we do not propose to enter the creek to perform this work or to remove material from the creek itself (during low flow): 1 _ A backhoe will be used to remove the debris. The backhoe will be positioned along the creek crossing road by removing the west wall of the basin or by removing a portion of the surge pile and entering the creek crossing road from west of the motor control building_ In either case the backhoe will not traverse the creek or creek bank 2, ,Remove three three inch, one five inch, one six inch and two trine inch diameter (bad) trees from the creek bank to access the creek edge removal area with the boors of the backhoe. The trees will be cut down as close to ground level as possible with the stumps remaining in place. The area from which the trees are to be removed is the same area where pumps and piping were installed when the plant was constructed. 3. Remove the debris by extending the backhoe boom to the edge of the creek at low water and pulling the material back away from the creek and depositing each scoop in the surge pile, if access is achieved from west of the motor control, or temporarily depositing each scoop in the basin, if access is from the west wall of the basin. If material is deposited in the basin it will be loaded into trucks and removed to an area near the shop for final disposal. Material in the creek edge removal area will be removed down approximately to the level of the creek surface. 4. Once completed, the creek bank will be graded to remove irregularities for a length of approximately 12 feet and large flat blocks of stone will be laid against the bank to protect it from erosion. Clean washed #57 stone will be placed between the blocks of stone. 5. Determine the extent of the buried piping and remove if feasible. 6_ Cover creek crossing road with layer of rip rap and cover with washed #57 stone from the edge of the west berm wall to near the intersection with the creek, 7. The west bean wall will be replaced as previously constructed if access I through this area. The creek crossing road bank will be revegetnted if Access is from. the surge pile area, 07/23/2007 16:19 919-380-2756 HANSON TECH SVC PAGE 01 EON own Fax message WID H nson This tax measapa Is confident[al and intended for the addressee only. Hen AggrQWateg 2000 fifty CQMar BW If InearrecIly received, pfeass eot,tact the sender an d rntvre M tho Marosv0Q, NC 2756D919%398-2T46 ma[I to the addross opposite. F= 919-M-2624 Date �� tj, 2Gt5� Hamon Road Syfvanla, ONO 435W 419.882-0123 To 1?Y G* Qg-r FIX 419-M-8330 ! Mmgoo Aggrogates 4281 Roush RaBd HilsIIkM, OW045133 437-364Q311 From FSX 937-3$4.2509 pages - including this One 11 07/23/2007 is.19 919-380-2756 HANSON TECH SVC PAGE 02 ■■■ MHanson 2300 Gateway Cemre Blvd. MordaAle, NC 27550 August 15, 2007 Tel 219 380 2500 Fax 919 380 2822 Ms. Judy Garrett North Carolina Department of Environment and Natural Resources Division of Water Quality 1628 Mail Service Center Raleigh, NC 27699-1628 Re: Notice of Violation, NOV-2007-PC-0472, Hanson Crabtree Quarry, Basin Discharge Design Dear Ms. Garrett: We have evaluated the feasibility of various options with regard to the removal of water from the basin adjacent to the processing plant at Crabtree Quarry. Based on our evaluation, we intend to install an electric pump with self starting generator back up (emergency) power supply. Both the pump and generator will be located adjacent to the basin. The pump and generator will operate on a float or laser water level sensing system so that it will operate automatically after hours. The system will have off hours. monitoring capability. The pump will remove water from the basin and discharge it to the quarry pit during certain storm events. Water from the basin will still be discharged to the settling ponds on the south side of Crabtree Creek under normal operating conditions. We have submitted a capital request to our corporate office for the funds to purchase and install the equipment. The rental pump will remain in place until the purchased equipment is in place and operational. Please contact me should you require additional Information. rely, Robert Snyder Environmental Manager cc: Justin Williams, Hanson Atlanta .lames Sprinkle, Hanson Morrisville David Morgan, Hanson Morrisville James Hilton, Hanson Crabtree 4 4 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Colleen H. Sullins, Director Division of Water Quality CERTIFIED MAIL RETURN RECEIPT REQUESTED 7006 0810 0002 6048 6509 Justin Williams, Vice President Hanson Aggregates Southeast, Inc. 2310 Parklake Drive, Suite 550 Atlanta, Georgia 30345 Subject: Notice of Violation and RECOMMENDATION FOR ENFORCEMENT NOV-2007-PC-0472 Hanson Aggregates Southeast Crabtree Quarry Discharge of untreated Process Wastewater NPDES Permit Certificate of Coverage NCG020052 Wake County Dear Mr. Williams: On July 2, 2007 and July 5, 2007, Judy Garrett of the Raleigh Regional Office conducted a compliance inspection due to a citizen's complaint of a white plume observed in Crabtree Creek below the Quarry on - Saturday. June 30, 2007, Ken Pickle of the DWQ Central Office accompanied Judy Garrett during the July 5, 2007 site visit. This letter concerns a discharge of untreated process wastewater from a holding pond breach which reportedly occurred on June 30, 2007. It also transmits the results of the compliance inspection of the facility. Judy Garrett visited the facility with Land Quality Inspectors, on July 2, 2007. It was found that on Friday June 29, 2007, the holding pond -berm at the rock crusher failed and about 50,000 gallons of untreated water and solids was discharged to Crabtree Creek after Hanson staff left the facility. It was reported that the transfer pump in this pond was turned off and it had no float control. As a result, the berm failed during the approximately 1 inch of rain that fell that night. This failure was found by Hanson staff at about 6 am on June 30, 2007. The berm was temporarily repaired, but no report of the discharge overflow was made to DWQ. Additionally, a large deposit of wastewater solids was observed along the bank of Crabtree Creek. During this same site visit on July 2, 2007, evidence of solids discharge was observed from the piles of material that had been removed from the ponds on the south side of Crabtree Creek. This material was piled about 15-20 feet high beside the ponds, on the creek side. A previously constructed sediment basin was full of solids and solids were traced down the creek bank to the creek. During the July 5, 2007 site inspection, DWQ noted many deficiencies in the company's compliance with permit requirements. A Stormwater Best Management Practices Plan is required which outlines the BMPs that are in place to prevent contaminants form entering surface water via stormwater. The plan must be improved to include all requirements of Part III Section A. of the permit. The plan must also include Preventive Maintenance and Good Housekeeping Practices as required by this section. No monitoring has been conducted on stormwater discharges, either analytical or qualitative as required by Part III, Section B of the permit. All deficiencies are violations of Part III of the Permit. The DMRs for the wastewater outfall 001 were reviewed and found to be complete. North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet: h2o.enr.state.nc,us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877- 623-6748 N°Nir hCa, ature An Equal OpportunitylAfrmauve Acton Employer— 50% Recycled110% Post Consumer Paper FIIr. Williams Page 2 of 2 A checklist detailing the inspection is attached. As a result of the inspections, the following violations are noted and detailed below: 1) =m1scharge tion B 2 of NPDES Permit NCG020000: to Crabtree Creek is a violation of Part II, Section B 2. of the 4p; 2) Violation of Part IV, Section E 8 of NPDES Permit NCG020000: Failure to report the above -mentioned discharge within 24 hours of the discharge is a violation of Part IV, Section E 8 of the permit. 3) Violation of Neuse Buffer Rules: The large deposit of wastewater solids observed along the creek bank is a violation of Title 15A NCAC 02B .0233 (4) which states that Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses provided for in Item (6) of this Rule. 4) Violation of Part IV, Section C 1 - Proper Operation and Maintenance of NPDES Permit NCG020000: The material piled -up about 15-20 feet high beside the ponds and the sediment basin was full of solids and solids were traced down the creek bank to the creek. 5) Violation of Part III Section A of NPDES Permit NCG020000: from the absence of a Stormwater Best Management Practices Plan. 6) Violation of Part III Section B of NPDES Permit NCG020000: from the absence of analytical or qualitative monitoring as required by the permit. Required Response This Office requires that you respond to this letter in writing within 30 days of receipt of this Notice. Your response should be sent to both this office at the letterhead address and to the attention of Mr. Danny Smith at the Wetlands and Stormwater Branch, NPS Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Your response should address the following items: 1. You must submit a plan that addresses all the above mentioned violations and to bring your facility into complete compliance with the NPDES Permit, 2. Your plan should include a permanent plan to provide reliability to the treatment system including pumps with float controls and alarms, including telemetry systems. 3. Your staff has indicated that the company intends to build a concrete basin to replace the current earthen basin at the rock crusher. All additional wastewater treatment facilities and equipment must receive an Authorization to Construct prior to installation as outlined in Part II Section A of the permit. Please call Ken Pickle at (919) 733-5083 extension 584 concerning questions about obtaining Authorization to Construct. 4. We request that the detailed map of the facility be revised to include all stormwater and wastewater outfalls, direction of stormwater flow and show all treatment facilities. 5. Please submit a plan to remove the deposited material on the creek bank that resulted from the berm breach. This material must be removed, but no heavy equipment may be used for this purpose. You must use manual labor and such tools as shovels and buckets. Care must be taken to prevent further discharge of this material to Crabtree Creek. You may need to restore air. Williams Page 2 of 2 the impacted buffer with approved plantirigs. Questions concerning this removal process and/or restoration should be directed to Lauren Cobb Witherspoon of the Raleigh Regional Office at (919) 791-4200. This removal should be completed prior to July 20. 2007. Any restoration efforts must be approved by this Office. Thank you for your attention to this matter. This Office is considering sending a.recommendation for enforcement to the Director of the Division of Water Quality regarding these issues and any futurelcontinued violations that may be encountered. Your above -mentioned response to this correspondence will be considered in this process. This office requires that the violations, as detailed above, be abated immediately. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters, please contact Judy Garrett at or myself at (919) 791-4200. Sincerely, 01 Shann n Langley Acting Water Quality Regional Supervisor Cc: Lauren Cobb Witherspoon Ken Pickle Danny Smith — NPS ACO Unit Central Files Jim Hilton, Hanson Aggregates Southeast, P.O. Box 52039, Raleigh, NC 27612 Permit: NCG020052 SOC: County: Wake Region: Raleigh Compliance Inspection Report Effective: 01/19/05 Expiration: 12/31/09 Owner: Hanson Aggregates Southeast Inc Effective: Expiration: Facility: Hanson Aggregates - Crabtree Quarry 5001 Duraleigh Rd Contact Person: Robert Snyder Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 07/05/2007 Primary Inspector: Judy E Garrett Secondary Inspector(s): Title: Entry Time: 09:00 AM Raleigh NC 27612 Phone: 919-380-2746 Certification: Exit Time: 12:00 PM Phone: Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: Q Compliant ® Not Compliant Question Areas: ® Storm Water (See attachment summary) Page: 1 4 Permit: NCGO20052 Owner -Facility: Hanson Aggregates southeast Inc Inspection Date: 07/0512007 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ■ ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? ❑ m ❑ ❑ # Does the Plan include a'Narrative Description of Practices'? ■ ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ 10 ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ®❑ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ i■ ❑ Cl # Does the facility provide all necessary secondary containment? ■ ❑ ❑ ❑ # Does the Plan include a BMP summary? ❑ ■ ❑ ❑ # Does the Plan include a Spill Prevention and Response Plan (SPRP)? ■ ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ❑ ■ ❑ ❑ # Does the facility provide and document Employee Training? ■ ❑ ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ■ ❑ ❑ ❑ # Is the Plan reviewed and updated annually? Cl S ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ■ ❑ ❑ Has the Stormwater Pollution Prevention Plan been implemented? ❑ ■ ❑ ❑ Comment: There was a failure of a settling pond dyke at the rock crusher which resulted in discharge of 50,000 gallons of water and solids to Crabtree Creek. A general location map is needed. The detailed site map must indicate all outfalls, both stormwater and wastewater. It must also indicate the direction of the stormwater flows and all treatment units. All spills of chemicals and wastewater must be included in the plan. The plan must address alternatives to current practices and a summary of, BMPs. Et must also include a preventive maintenance and good housekeeping plan. The plan must be reviewed and updated annually. It must contain an inspection program. The Stormwater PPP must be completed and implemented. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? ❑ ■ ❑ ❑ Comment: All stormwater only outfalls must be itentified and monitored as required by the permit. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ■ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ■ ❑ ❑ Comment. The analytical monitoring for the wastewater outfall 001 has been completed. The stomwater only outfalls must be monitored as required by the permit. Permit and Outfalls Yes No NA NE Page: 3 Permit: NCG020052 Owner - Facility: Hanson Aggregates Southeast Inc Inspection Date: 07/05d2007 Inspection Type: Compliance Evaluation Reason for Visit: Routine # Is a copy of the Permit and the Certificate of Coverage available at the site? ®❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ■ ❑ Cl # If the facility has representative outfall status, is it properly documented by the Division? ❑ ❑ ■ ❑ # Has the facility evaluated all illicit (non stormwater) discharges? ❑ ■ ❑ ❑ Comment: The plan must indicated the investigation and elimination of any illicit discharges. All stormwater outfalls must be identified and monitored as required. Page: 4 �# OFVWArFR d `O� QG � r ❑ `C 5372 Mr. Robert Snyder Hanson Aggregates Mideast, Inc. 2300 Gateway Center Blvd. Morrisville, NC 27560- Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality August 15, 2005 tL W Uc G oz)01L SUBJECT: Laboratory Certification Maintenance Inspection Dear Mr.Snyder: Enclosed is a report for the inspection performed on, August 10, 2005 by Mr. Jeff Adams and Mr. Norm Good. Where deficiencies are cited in this report, a response is required as well as for all lettered comments and/or recommendations. Within thirty days of receipt, please supply this office with a written item for item description of how these deficiencies, comments and/or recommendations were corrected. If the deficiencies cited in the enclosed report are not corrected, enforcement actions will be recommended. For certification maintenance, your laboratory must continue to carry out the requirements set forth in 15A NCAC 2H .0800. Copies of the checklists completed during the inspection may be requested from this office. Thank you for your cooperation during the inspection. If you wish to obtain an electronic copy of this report by email, or if you have questions or need additional information please contact us at 919-733- 3908. Sincerely, James W. Meyer Laboratory Section Enclosure Cc: Jeff Adams Raleigh Regional Office N%hCarolina ,Aatura!!1l Laboratory Section 1623 Mail Service Center; Raleigh, NC 27699-1623 4405 Reedy Creek Road; Raleigh, NC 27607 Phone (919) 733-39081 FAN (919) 733-2496I Internet: www,dwglab.org An Equal Opportunity/Affirmative Action Employer-50% Recycled110% Post Consumer Paper 0 On -Site Inspection Report 0 LABORATORY NAME: ADDRESS: CERTIFICATE NO: DATE OF INSPECTION: TYPE OF INSPECTION: EVALUATOR: LOCAL PERSON CONTACTED: 1. INTRODUCTION: Hanson Aggregates, Inc. 2300 Gateway Centre Blvd. Morrisville, NC 27560 #5372 August 10, 2005 Field Certification Inspection Mr. Jeffrey R. Adams & Mr. Norm Good Mr. Robert Snyder, Tony Harris, Kelly Tackett and Chip Lawler. This laboratory was inspected to verify its compliance with the requirements of 15A NCAC 2H .0800 for the analysis of environmental samples. II. GENERAL COMMENTS: The inspection consisted of reviewing data for NPDES #NCG020052. The staff is congratulated for doing an excellent job of implementing the laboratory certification program. Very good bench sheets and forms are used. For the most part all equipment is well maintained. Records are well kept and the data appeared accurate. A. Comment: For all benchsheets, it is recommended that the lab indicate which edition of the method is being referenced. This will aid the analysts, when method changes are promulgated by EPA, to maintain adequate documentation of their data. III. DEFICIENCIES, REQUIREMENTS, COMMENTS AND RECOMMENDATIONS,: pH: 1). Deficiency: The laboratory is not bracketing samples. Occasionally the sample results are outside the range of the 7 buffer. Requirement: The laboratory must calibrate the pH meter with at least two buffers and read the third buffer below pH 10, approximately 3 pH units different from the second buffer and the reading should be within 0.1 pH units from the expected value. Ref: Standard Methods 18`h Edition 4500-1-113. (4) (a) p4-68. Comment: The benchsheet already has a space provided to document the pH 10 buffer. B. Comment: The laboratory is calibrating using the 4 and 7 buffer and not analyzing a third buffer as the check. Recommendation: It is recommended that the laboratory calibrate on a 4 and 10 buffer and analyze the 7 as a check buffer. Page 2 Hanson Aggregates, Inc. C. Comment: The ATC temperature sensor is not checked annually. Comment: Although not required unless temperatures are recorded on the DMR data sheets, It is highly recommended that the ATC be checked annually. Comment: "pH measurements are affected by temperature in two ways; mechanical effects that are caused by changes in the properties of the electrodes and chemical effects caused by equilibrium changes. "Because chemical equilibrium affects pH, standard pH buffers gave a specified pH at indicated temperatures. "Always report temperatures at which pH is measured. Reference Standard Methods 18th Edition 4500-H+B M (b) p 4-66. 2). Deficiency: One of the (3) pH meter probes was found to be kept in dry storage. Requirement: The pH probe must be stored in the solution recommended by the probe manufacturer between analyses. A solution with a conductivity greater than 4000 pmhoslcm is recommended. Tap water is a better substitute than distilled water, but pH 4 buffer is best for the single glass electrode and saturated KCL is preferred for the calomel and Ag1AgCl reference electrode. Saturated KCL is preferred for a combination electrode. Keep electrodes wet by returning them to the storage solution whenever the pH meter is not in use. Ref: Standard Methods 18" Edition 4500-H+ B., p 4-66. IV. PAPER TRAIL INVESTIGATION: A paper trail was conducted at this facility. This consisted of comparing laboratory bench data and contracted data of several parameters with quarterly DMR reports from January 01, 2005 to June 23, 2005.There were no transcription errors detected. V. CONCLUSIONS: Correcting the above cited deficiencies and comments and implementing the requirements/recommendations will help this lab to produce quality data and meet certification requirements. Please respond to all the lettered comments and numbered deficiencies within 30 days after receipt of this letter. Report prepared by: Jeffrey R. Adams Date: August 08, 2005 STATE OF NORTH CAROLINA EVALUATION OF ENVIRONMENTAL LABORATORY AUDIT To improve our service to you and to maintain the quality of the laboratory inspection process, we request that you complete the following evaluation. Since your comments are important to us, please use the reverse side of this form to discuss issues not addressed in the items listed below. Please return this form within five (5) days of this audit. Completing and returning this form is voluntarL. Please return this evaluation to: James W. Meyer DENRIDWQ Chemistry Laboratory 1623 Mail Service Center Raleigh, NC 27699-1623 Certification Officer's Name: Jeffrey R. Adams and Norm Good Inspection Date: August 10, 2005 Please evaluate the following using a 10 point scale with 1= poor and 10= excellent ITEM n �4 Disagrb6t, ; Neutral Agee ..r .78810 123 L 456 `J s 1. The certification officer contacted you in advance for your audit and answered your questions. 2. The certification officer arrived on time and at the agreed place. 3. The certification officer's dress and appearance were professional and business like. 4. The certification officer's questions and comments were pertinent to laboratory operations and inspection. 5. The certification officer interacted with your staff in a courteous and professional manner. 6. The audit results were summarized in an exit interview following the survey. 7. Correcting the deficiencies noted in the audit results will improve your laboratory's operations and data quality. 8. The certification officer's comments have been/will be helpful to your laboratory staff and laboratory operations. 9. The N.C. Environmental Laboratory Certification Program is beneficial to your laboratory's analytical performance. ON A SCALE OF 1 TO 10 (WITH 10 = EXCELLENT) PLEASE RATE NORTH CAROLINA'S ENVIRONMENTAL LABORATORY CERTIFICATION PROGRAM ON A SCALE OF 1 TO 10 (WITH 10 = EXCELLENT) PLEASE RATE your certification officer Laboratory Name Hanson Aggregates, Inc. Date: Signature( Optional) PLEASE USE THE BACK OF THIS FORM FOR ANY ADDITIONAL COMMENTS THAT YOU MAY HAVE CONCERNING THIS PROGRAM OR THE CERTIFICATION OFFICER. t0F W A TF9Q "O G o -c February 7, 2005 Justin Williams Hanson Aggregates Southeast Inc 100 Crescent Centre Pkwy Ste 1240 Tucker, GA 30084 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Fnvironntent and Natural Resources Alan W. Klimek, [I.E. Director Division of Water Quality Subject: NPDES Stormwater Permit Coverage Renewal Hanson Aggregates - Crabtree Quarry COC Number NCG020052 Wake County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983, The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.578. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office Oft' IVo thC:rrolina Na' a nilil North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet h2o.enr.state, nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper e STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020052 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Hanson Aggregates Southeast Inc is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Hanson Aggregates - Crabtree Quarry 5001 Duraleigh Rd Raleigh Wake County to receiving waters designated as Crabtree Creek, a class QNSW stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ili, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission U/a K e— Go ��0� W A TF�Q Michael F. Easley G Governor rWilliam G. Ross Jr., Secretary —� Department of Environment and Natural Resources � Y Alan W. Klimek, P.E., Director Division of Water Quality April 16, 2004 Nr. Steve Howiler, PE, Environmental Coordinator NC/SC Hanson Aggregates East, Southeast Region PO Box 848 Cheraw, South Carolina 29520 SUBJECT: Flocculent Use Hanson Aggregates Dear Mr. Howiler. The Aquatic Toxicology Unit of the Division of Water Quality has reviewed your submittal for flocculent approval at the following facilities: ,, n NCG020209 Raleigh Quarry NCG020052 Crabtree Quarry NCG020088 Durham Quarry NCG020182 Elm City Quarry NCG020164 Gardner Quarry NCG020087 Hotly Springs Quarry NCG020204 Lexington Quarry NCG020234 Neverson Quarry NGG020235 North Durham Quarry NCG020124 Princeton Quarry NCG020209 Rocky Mount Quarry NCG020156 Senter Sand & Gravel NCG020178 Elliott Sand & Gravel NCG020233 Cape fear Sand & Gravel NCG020224 Vander Sand & Gravel API' 3 U f'004 After reviewing the submittal, the Division has determined that using Ondeo Nalco Ferralyte 8130 and Rochester Midland Midfloc 1309 at their maximum application rates at the above facilities will not cause toxicity in the respective receiving streams of the facilities cited above. This determination does not change your responsibility to maintain appropriate water quality standards in the receiving waters at each location. If you have any questions, please contact Todd Christenson at (919) 733-2136. Sincerely, cc: Raleigh Regional Office Central Files R State of North Carolina } Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, P.E., Director Mr. Steve Howlier Hanson Aggregates Southeast Inc. PO Box 848 Cheraw, South Carolina 29520 November 4, 2002 Subject: LTZ5WA IT 0 f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANo NATURAL RESOURCES NPDES Permit Modification-- Name/0wnership Change Permit NCG020052 Crabtree Quarry (Formerly Hanson Aggregates Carolina Inc) Wake County I Dear Mr. Howlier: E In accordance with your request received February 13, 2002, the Division is forwarding the subject permit modification. This modification documents the change in name at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of, North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. i If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to�you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water` Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. I Sincerely, Alan W. Klimek, P.E. cc: Central Files II Raleigh Regional Office, Water Quality Section NPDES Unit i 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 VISIT US ON THE I INTERNET @ httpp:ffh2o.enr.state.nc.us/ I i 919 733-5Oa3, extension 520 (fax) 919 733-0719 Valery.Slephens@ncmail.net STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020052 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Hanson Aggregates Southeast, Inc. is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater recycling overflow from a facility located at Crabtree Quarry 5001 Duraleigh Road Raleigh Wake County to receiving waters designated as Crabtree Creek, in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective November 4, 2002. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 4, 2002. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 7 State of North Carolina Department of Environment and Natural Resources Division of Water Quality. James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 17, 1999 DONALD A LINEBERRY BENCHMARK CAROLINA AGGREGATES - CRABTREE QUARRY PO BOX 13983 RTP, NC 27709 Dear Permittee: LTIPFA 4 * • A a NCDENR,, NORTH CAROLINA DEPARTMENT,OF � ENVIRONMENT AND NATURAL RESOURCES Subject: Reissue - NPDES Stormwater Permit Benchmark Carolina Aggregates - Crabtree Quarry COC Number NC6020052 Wake County In response to your renewal application for continued coverage under general permit NCG020000. the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983, The following information is included with your permit package: * A copy of general stormwater permit NCG020000 * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on this permit which outlines permit components and addresses frequently asked questions * A Certificate of Coverage for your facility * DWQ fee schedule Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit. You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwater and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files " Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper f� STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020052 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, BENCHMARK CAROLINA AGGREGATES is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at BENCHMARK CAROLINA AGGREGATES - CRABTREE QUARRY 5001 DURALEIGH ROAD RALEIGH WAKE COUNTY to receiving waters designated as Crabtree Creek in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment, WAA t Health and Natural Resources A o Division of Environmental Management James B. Hunt, Jr., Governor Amobodmosiom Jonathan B. Howes, Secretary [D C'.___' F1 A. Preston Howard, Jr., P.E., Director April 7, 1995 Mr. Donald Lineberry Benchmark Carolina Aggregates P. O. Box 13983 Research Triangle Park, NC 27709-3983 Subject: NPDES No. NCG020052 Benchmark Carolina Aggregates formerly: Nello Teer- Crabtree Quarry Wake County Dear Mr. Lineberry; In accordance with your request dated March 17, 1995, we are forwarding herewith the modified Certificate of Coverage page for the subject facility. The only change is in the formal owner's name. This Certificate of Coverage is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Steve Ulmer at telephone number 919/733-5083, Ext. 545. cc: Raleigh Regional Office Compliance -Jeanne Phillips, ISB Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, Preston ward, Jr., P.E. D 0 Telephone 919-733-5083 FAX 919- 9��3, 9 50% recycled/ 10% post -consumer paper \��/ �J STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. N-CG020000 CERTIFICATE OF COVERAGE NO, NCGO20052 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Benchmark Carolina Aggregates is hereby authorized to operate or continue operation of a treatment system for mine dewatering and/or recycle systems process wastewater overflow with the discharges of treated wastewater and discharge stormwater from a facility located at Crabtree Quarry NCSR 1664 Wake County to receiving waters designated as the Crabtree Creek in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11, III and IV of General Permit No. NCGO20000 as attached. This Certificate of Coverage shall become effective April 7, 1995. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 7, 1995. . Preston ard, Jr., P.E., Director Division of nvironmental Management By Authority of the Environmental Management Commission F warF � `O�O RpG Michael F. Easley Governor U7 •, William G. Ross Jr., Secretary Department of Environment and Natural Resources 4 Alan W. Klimek; P.E., Director Division of Water Quality April 16, 2004 Mr. Steve Howiler, PE, Environmental Coordinator NC/SC Hanson Aggregates East, Southeast Region PO Box 848 Cheraw, South Carolina 29520 SUBJECT: Flocculent Use Hanson Aggregates Dear Mr. Howiler: The Aquatic Toxicology Unit of the Division of Water Quality has reviewed your submittal for flocculent approval at the following facilities: NCG020209 Raleigh Quarry NCG020052 Crabtree Quarry✓/ NCG020088 Durham Quarry ✓ �� NCG020182 Elm City Quarry: / ~r NCG020164 Gardner Quarry 4irr�f-�// NCG020087 Holly Springs Quarry/ NCG020204 Lexington Quarry w s!I NCG020234 Neverson Quarry NCG020235 North Durham Quarry NCG020124 Princeton Quarryr NCG020209 Rocky Mount Quarry NCG020156 Senter Sand & Gravel FAA NCG020178 Elliott Sand & Gravel " NCG020233 Cape Fear Sand & Gravel % NCG020224 Vander Sand & Gravel F/ After reviewing the submittal, the Division has determined that using Ondeo Nalco Ferralyte 8130 and Rochester Midland Midfloc 1309 at their maximum application rates at the above facilities will not cause toxicity in the respective receiving streams of the facilities cited above. This determination does not change your responsibility to maintain appropriate water quality standards in the receiving waters at each location. If you have any questions, please contact Todd Christenson at (919) 733-2136. Sincerely, cc: Raleigh Regional Office Central Files AT 14CDEN Customer Service Division of water Ouality 1617 Mad Service Center Raleigh, NC 27699-1617 (919) 733-7015 1 800 623-7748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 7, 2005 Justin Williams Hanson Aggregates Southeast Inc 100 Crescent Centre Pkwy Ste 1240 Tucker, GA 30084 Subject: NPDES Stormwater Permit Coverage Renewal Hanson Aggregates - Crabtree Quarry COC Number NCG020052 Wake County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 A copy of a Technical Bulletin for the general permit Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.578. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office t Caro ina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Intemet: h2o.enr.state.nc.ustsulstorrnwatechtml 512 N. Salisbury St, Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer - 50% Recyded/10% Post Consumer Paper Phone (919) 733-7015 Customer Service FAX (919) 733-9612 1-877-623-6748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOD DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020052 STORMWATER AND PROCESS WASTEWATER DISCHAF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Hanson Aggregates Southeast Inc is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Hanson Aggregates - Crabtree Quarry 5001 Duraleigh Rd Raleigh Wake County to receiving waters designated as Crabtree Creek, a class C;NSW stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111, IV, V, and VI of General Permit No, NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission RECEIVED NOV 4 1992 � � �$t of North Carolina Depar ment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary November 2, 1992 Steven S. Edgerton, P.G. Nello Teer Company P. O. Box 1131 Durham, NC 27702 A. Preston Howard, Jr., P.E. Acting Director Subject: Renewal Application NPDES: NCG020052 Formerly: NCO003590 WQ0005974 Wake County Dear Mr. Edgerton: This letter is to acknowledge receipt of your renewal application for Nello Teer's NPDES permit, and to also inform you that this facility qualifies for coverage under the newly issued General Permit. Your discharge fits into one of the general permit categories. Therefore, the subject facility has been assigned the new permit number highlighted above. Also, the application fee for a Notice of Intent is $400.00. We have received your check for $200.00. In order to complete the application process for this facility, we need another check for $200.00. If you have questions regarding this matter, please contact Susan Robson at (919) 733-5083. cc: Raleigh Regional Office Permits and Engineering Unit Central Files Asheville Fayetteville Mooresville 704/251-6208 919/486-1541 704/663-1699 Sincerely, p8r t Cw) Qla� Coleen Sullins, P.E. Supervisor, NPDES Group Regional Offices Raleigh Washington Wilmington Winston-Salem 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer SHI, A V 41 1,, il V, FnR AGENCY USE ONLY 5 + S low NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NOTICE OF INTENT REQUESTING COVERAGE UNDER THE MINING ACTIVITIES GENERAL NPDES PERMIT NCG020000 Complete this Notice of Intent (NOI) and mail to the following address North Carolina Division of Environmental Management Water Quality Section, NPDES Group, P.O. Box 29535 Raleigh, North Carolina, 27626-0535 The NOI must be accompanied with a general permit filing fee of $400.00. The check should be made out to the North Carolina Department of Environment, Health, and Natural Resources. Facili y Own erLQ;L rator InfQ�n: Name: Nello L. 'i'eer. Company Crabtree Quarry Address: P. 0• Box 1131, 211 W. Parrish Street City: Durham, State: North Carolina Zip: 27702 Phone: ( 800 j 999-6356 Facili y._,L,4QaiiQn,..I,njQfm ti Name: Crabtree Quarry Address: 5001 Duraleigh Road, P. 0. Box 52039 City: Raleigh, Stale: N, Zip: 27612 County: Wake Phone i_919-j- 787--0613 Physical Location Information: (Street address, state road number, distance and direction from roadway intersection, aii-d attach a copy of a county map or USGS quad with the location of the facility marked on the rnap.) Crabtree Quarry is located .81 miles west of US 70 on SR 1664 (DuraleiFrh Road) [Agency use only Latitude 78053'57.6" Longitude 35°59'33.8" 1�101 02 PAGE 1 • M Type of minerals mined at this facility: Crabtree 2uarry produces crushed stone from a granite gneiss deposit. Standard Industrial Classification (SIC CODE):1423 (for activity for which the facility is primarily engaged) This is an X existing facility or a proposed facility. If proposed, date operation -is to begin Discharges are to Crabtree Creek (name of receiving waters or, if to a separate storm sewer system, name of the separate storm sewer system) A. Does this facility have any NPDES Permits? des _no If yes, NPDES No. 0003590 B. Are vehicle maintenance activities occurring on site? X yes _no C. Are mine dewatering discharges occurring? x yes _no D. Are discharges of overflows from process wastewater treatment systems occurring? --yes X no If yes, complete the following on the wastewater treatment system: 1. 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 delail and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit, NOTE: Construction of any wastewater Treatment facilities require submission of three (3) sets of plans and specifications along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2€il .0138. If construction of wastewater ?reatment facilities applies to the discharge of process wasiewater, include 111-17ee sets of piarts and specifications with this application. 2. Does this facility employ chemical additives to flocculate suspended solids? _yes X no If yes, please slate the name, manufacturer and the quantity of average daily usage of the chemical additive. 3. Does this facility overflow only during ra€nfall events exceeding the 10-ye2r, 24-hour rainfall event? _yes X no This facility will not discharge unless there is a 100 year flood. E. Does this facility employ any best management practices for stormwater control? des _no If yes, please describe _ This site is designed_,so that a 111c11r i I.y of rho stor.mwater flows into the piL or sediment basins located around h Ui.ty. NO! 02 PAGE 2 • F. Number of discharge points Mine Dewatering 1 Stormwater 3 ; Process Wastewater Overflows 0 ; Please provide short narrative description of discharges Mine dewaterinfi is discharged into Crabtree Creek. Stormwater flows through various settling basins and then sheet flows off of our property. I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharges) and is enforceable in the same manner as an individual permit. 1 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. 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 the application and that to the best of my know€edge and belief such information is true, complete, and accurate. signat!;re —Donald A. Lineberry name of person signing above (printed or typed) date, Vice President title North Carolina General Statute 143-215.6E (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 Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for similar offense.) NOI 02 PAGE 3 " I r.�y�71�/A/lp State of North Carolina Department of Environment, Health, and Natui-al ResoiirceS Division of Lind Resources James G. Martin, Governor Charles H. Gardner, P.G., RE`- William W. Cobey, Jr., Sccl-ctaly July 13, 1992 Director and State Gedogyt Mr. Steven S. Edgerton, P.G. Nello L. Teer Company P.O. Box 1131 Durham, North Carolina 27702 RE: Permit No. 92-03 Crabtree Quarry Wake County Dear Mr. Edgerton: Your request to have Brining Permit No. 92-03 for the Crabtree Quarry in wake County renewed and contemporaneously modified to allow expansion of the mining operations to the south side of Crabtree Creek has been approved. A copy of the renewed and modified permit is enclosed. The conditions in the primarily upon the initial as indicated by the renewal request and as required to of 1971. The mine name and as before the modification. permit is July 13, 2002. G renewed and modified permit were based application. Modifications were tirade and contemporaneous modification insure compliance with `.i'he Mining Act permit number shall remain the same The new expiration date of the The issuance of a minin - permit and/or any renewals,_ modifications to it joys not :emu u ::E:de local i C7Il1iICi r� uLllu lvitiS . The rewansi bi lity of compliance with any applicable zo; ninq regulations lies with you. As a reminder:, the total permitted acreage at the site is 233.5 acres and the area approved to be disturbed is 88 acres. Gcolvirical Survey SMi011 (nncl (In hry Selma,) (19) 7312423 VIT OWN C.cnilctic' tiurvcy 5r1:1ilm ( H9) 733-3836 N J, kox ?7o87 • Itnlci);}�, Ii",'C ?7e�11-7(;X7 • ldcl horc (')I')) 733L3N33 An i'rlual 01,lmrtuuily IVi :wmivc A�'6(m Fllwluwc'r s Mr. Steven S. Edgerton July 13, 1992 Page Two Please review the renewal and modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sin erely, acy Davis, E.I.T. Mining Specialist Land Quality Section TED/ab Enclosure cc: Mr. John Honey, P.E. D:EPAXZ7'.D4X-:"U7 O:E' IEt4 VV=r-YZ(D M:EIV':U , 1:111. AND N.4 r-V jJRZ . L. RES(DL7RCIES D=V71S70N OF LAND �ESCaU1�CL.S ]=.AND QCTAL=1=`1Y S�:C`1:'1C7N lz> L TZ M =C ':U 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: Nello L. Teer Company I Crabtree Quarry Wake County _ Permit No. 92-03 for the operation of a Crushed Stone Quarry 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: JULY 13, 2002 0 . 0' Page-2 of 11 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health 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 permi_ttee's successor is not complyir3g with the Reclamation Man or other terms and conditions of this permit, or is .failing to achieve the purposes and requirements of the Mining Act, the Department may give'the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications July 29, 7.991 : This permit has been modified to allow the expansion of the process pond and to divert stormwater from said pond as indicated on the Process Pond Expansion sediment and erosion control flan dated May 1991. • 0' Page 3 of 11 July 13. 1992: This permit has-been subsequently modified to allow the expansion of mining activities to the south side of Crabtree Creek as indicated by the Crabtree Quarry Permit Renewal Drawings dated January 1992 and revised April 1992. Expiration Date This permit shall be effective from the date of its issuance until July 13, 2002. 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. Wastewater and Quarry Dewaterina Any wastewater processing or mine dewatering shall be in accordance with the requirements and rules promulgated by the N.C. Environmental Management Commission. 2. Air Quality and Dust Control.. A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and ruleslpromulyated by the N.C. Environmental Management Commission. B. All temporary and permanent access (plant entrance) roads shall be paved or stabilized with crushed stone for a minimum of 50 linear feet from their junction with Duraleigh Road. During quarry operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting wetlands shall be :in accordance with the requirements and regulations promulgated by the U.S. Army Corps of Engineers. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural. watercourse. 0 0 Page ' 4 of 11 C. The buffer zones shown on the Crabtree Quarry Permit Renewal Drawings dated January 1992 and revised April 1992 shall be maintained to prevent caving of any adjoining property and to allow proper grading and stabilization of the disturbed areas. These buffer zones, with the exception of the installation of required sediment control measures and earthen berms, shall remain undisturbed.. 4. Erosion and Sediment Control A. The operator shall notify the Raleigh Regional office, Land Quality Section, at least 48 hours prior to beginning any of the land disturbing activities proposed for the south side of Crabtree Creek as indicated in the approved Crabtree Quarry Permit Renewal Drawings dated January 1992 and revised April 1992. B. Adequate mechanical barriers including, but not Limited to diversions, earthen dikes, brush barriers, 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 or natural watercourse in proximity to the affected land. C. The Process Pond Fxpansi.onIsediment and erosion control plan dated May 1991 shall. be followed. Additionally, a rock check dam shall be installed at the downstream end of Diversion Ditch l until said ditch has been sufficiently stabilized. The area designated on said plan as Area 4 shall remain undisturbed. D. The Crabtree Quarry Permit Renewal Drawings, Sheets 1 thru 16, dated January 1992 and revised April. 1992 shali be followed. E. Aii `1-osiai� dna sediment c unLrol plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps previously approved by,this Department. Such areas include,, but are not limited to, expansion outside of the approved pit areas, creek crossings (including the proposed bridge structure.across Crabtree Creek), or expansion of overburden disposal areas. F. No land disturbing activities in conjunction with the construction of the proposed bridge across Crabtree Creek shall occur at the site until. detailed plans and suppor.t:i.ng documentation has been submitted to and aplDroved by the Department. s 6 Page 5 of 11 5. Groundwater Protection A. The two (2) observation wells denoted on the Crabtree Quarry Permit Renewal Drawings dated January 1992 and revised April 1992 shall be monitored bimonthly (twice a month) at least three (3) months prior to and during the initiation of any excavations of consolidated material (rock) in the pit area .located on the south side of Crabtree Creek to allow for the determination of pre-existing (static) groundwater levels. B. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells (boreholes) shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock, whichever is deeper. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits to construct these wells shall be'obtained from the N.-C. Division of Environmental Management, -Groundwater Section. C. The.observation wells shall be monitored monthly at the same day and approximate time of day for twelve (12) consecutive months following the initiation of quarry activities on the south side of Crabtree Creek. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The monthly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be provided to the Department on or about the end of each or every other month.. Static water level monitoring frequency may be increased or decreased following the initial twelve (12.) month period as deemed appropriate by the Department. o . CradeU Slo�c a_t1u__.r_ii.a_s A. '.brie 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 offsite damage because of siltation, shall be planted or otherw.ise provided with groundcover, devices or structures sufficient to restrain such erosion. • © Page of 1.1. 7. B. Overburden cut slopes along the perimeter of the initial pit opening on the south side of Crabtree Creek shall be graded to a minimum 2 horizontal to I vertical. or Flatter and shall be stabilized within 30 days of completion. furthermore, a minimum twenty-five (25) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of the overburden slope. Surface Draina e 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. Blasting The The operator shall provide to the Department a copy of the findings of any seismic studies conducted at this facility. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. The following blasting conditions shall. be observed by the operator to prevent hazard to persons and adjacent property from thrown rock or vibrations:; A. In all blasting operations) except as hereinafter otherwise provided, the maximum peak particle velocity of any component of ground motion shall not exceed l inch per second at the immediate location of any building outside of the permitted area regularly occupied by human beings such as dwelling house, church, school, public building, or commercial or institutional building outside of the permitted area. The operator small monitor each blast with a seismograph. B. Airblast overpressure shall not exceed 128 decibels linear (d13L) as measured at the immediate location of any regularly occupied building outside of the permitted area such as any dwelling house, church, school., public building, or commercial or institutional building. Page 7 of 21 low C. The operator shall take all reasonable precautions to insure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded -by the operator. Should flyrock occur beyond thq guarded area or the levels in Items A and D above are exceeded, -the operator shall report the incident to the Department immediately and further use of explosive at the site shall be immediately suspended until the following actions have.been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A satisfactory report detailing the investigation shall be provided to the Department within 10 days of the incident. Said report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the site. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock sha11 be considered a violation of this permit. D. The cperator shall maintain records oil each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maxinum pounds per delay interval; amount of stemming and burden for each hole; and blast location. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. D. The operator shall, when requested by the Department, give 24 hour advance notice to the Land Quality SeCLIon pzior too dny kliast curing a period for which notice is requested. I-[i h Wall 13arri.er A physical. barrier consisting of large boulders placed end - to -end (a minimum of four. (4) feet high) or concrete barriers or fencing, both as specified in the Crabtree Quarry Permit Renewal Drawings dated January 1992 and revised April .1.992, shall be maintained at all times around the perimeter of any highwal.l to prevent inadvertent public access. In addition, a minimum 25 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of the overburden cut slope. 0 Page ' 8 of 11 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Berms shall be located and constructed as shown on the Crabtree Quarry Permit Renewal Drawings dated January 1992 and revised April 1992. In addition to grasses, loblolly and/or Virginia pines and Leyland Cyprus shall be planted on said berms. Additional tree plantings shall be'installed as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. 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. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. B. Detailed plans and supporting documentation shall be submitted to and approved by the Department prior to any land disturbing activities in conjunction with the bridge proposed across Crabtree Creek.- 12. Refuse Disposal A. No or -site disposal of refuse or other solid waste that are 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 Solid Waste Management and the Land Quality Section, Department of Environment, Health 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 Solid Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that maybe considered Hazardous .shall be disposed of within the permitted area. 0 0 page 9 of 11 13. Annual -Reclamation Report 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. 14. Bonding The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $25,000.00 Blanket Bond is sufficient to cover the operation as indicated on 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. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. LI .Page-10 of 11 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 1. 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 ale, 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 Forth Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall small be conducted according to the time schedule included in Lhe 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 CONK-[TIONS : 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any highwall., and grade and revegetate any areas in unconsolidated material. 7� .Rage 'll of 11 2. The specifications for surface gradient restoration to a surface suitable for the planned -future use are as follows: A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds or sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and. smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 12A and B. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Seeding Schedules outlined on Drawing No. EC 8 of the Crabtree quarry Permit Renewal Drawings dated January 1992 and revised April 1992. 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 segiiient unifier pe�cmit. Final reclamation, including revegetation, shall be completed within two years of completion or termination D mining. This permit, issued July 20, 1972, renewed April 9, 1982, and modified July 29, 1991, is hereby renewed and contemporaneously modified this 13th day of July, 1992 pursuant to G.S. 74-52. B y .����, Charles Ii . Car, deer , Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources //1 wWILNAM 8. _ r ^ i SIArE `EEOY� PARK S `{ T 4o TATE' b YT r� 16 \ LAKEI'~, os \ / FxU V j5 -✓ //� 0 f. t \4LE 70 ((( J�=' R LEIGH \ POP. 159,25 J G/ �s5:x Pork3 rV S f \ 1 .'7 y xal� GRESHAM b L 01 S '�• L` 'y ".6.743 I' IS %CUSEOC;ml �\ L46S Mil ' \ •xr �` ti/ OF WA A Michael F. Easley, Governor O� QG William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources j r Coleen Sullins, Director 'i Division of Water Quality p Y September 11, 2007 Certified Mail 7006 0810 0002 6048 8701 Return Receipt Requested Mr. Rob Snider Hanson Aggregates, Inc. 2300 Gateway Centre Boulevard Morrisville, NC 27560 RE: Response to Plan for Removal of Debris Letter Dated August 17, 2007 Dear Mr. Snider: A Notice of Violation (NOV) letter was issued on July 6, 2007 for the Hanson Aggregates Southeast Crabtree Quarry. In response to this NOV, DWQ received a letter dated August 17, 2007 which summarized your plan to remove debris from the Crabtree Creek. Due to safety issues DWQ agrees that you remove the debris with a backhoe. Please be advised that you should not disturb the natural substrate or stream bank of Crabtree Creek. Since you will be using a backhoe DWQ agrees with the removal of three three inch, one five inch, one six inch, and two nine inch in diameter trees. At this time, you should not place the proposed 12-foot blocks of stone against the bank. If the bank is unstable after the removal of debris then we will reassess the situation at that time. Please feel free to call me at (919)-791-4251 if you have any questions or concerns pertaining to this letter and or project. Your attention to this matter is greatly appreciated Sincerely 3e6X L Lauren Cobb Environmental Senior Specialist Surface Water Protection Unit Raleigh Regional Office cc: NPS Assistance & Compliance Oversight Unit RRO/S WP File Copy Central Files Nior`ffi Carolina ,lValarally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affinnative Action Employer- 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE MATTER OF Hanson Aggregates Southeast, Inc. FOR VIOLATIONS OF: NCGS 143-215.1 NPDES GENERAL PERMIT NCG020000 CERTIFICATE OF COVERAGE NCG020052 15A NCAC 2B .0211 (3) NORTH CAROLINA DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES File No. PC-2008-0004 FINDINGS AND DECISIONS AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, I, Tom Reeder of the Division of Water Quality (hereby known as DWQ), make the following: I. FINDINGS OF FACT: A. Hanson Aggregates Southeast, Inc is a company organized and existing under the laws of the State of North Carolina. B. Hanson Aggregates Southeast, Inc owns and operates a rock quarry known as Hanson Aggregates Southeast Crabtree Quarry located adjacent to the junction of Crabtree Creek and Duraleigh Road in Raleigh, North Carolina in Wake County. C. Hanson Aggregates Southeast, Inc was issued a NPDES General Stormwater Permit No. NCG020000 (Certificate of Coverage #NCG020052) for the Hanson Aggregates Southeast Crabtree Quarry on January 15, 2005. The current Certificate of Coverage will expire on December 31, 2009. D. On July 2, 2007 and July 5, 2007, DWQ staff conducted inspections at Hanson Aggregates Southeast Crabtree Quarry. The inspection results revealed that on June 29, 2007 a holding pond failed, discharging untreated wastewater and solids into Crabtree Creek. It was explained to DWQ staff that a transfer pump in the pond was turned off and it had no float control. The treatment unit berm failed during an approximate 1 inch rain fall event. The berm was temporarily repaired and no report of a discharge, overflow or treatment unit failure was submitted to DWQ. E. The July 2, 2007 and July 5, 2007, DWQ inspections respective file review revealed the absence of analytical and qualitative monitoring, the absence of a Stormwater Best Management Practices Plan, Operation and Maintenance failures by failing of the Please sign the Acknowledgement of Receipt and return to: Division of Water Quality Raleigh Regional Office Surface Water Protection Section 1628 Mail Service Center Raleigh NC 27699-1628 Aitn: Barbara Menefee -Dunn DATE. We FEB 7 2008 DENR RALEIGH RI_GIOI,,'AL OFFICE ACKNOWLEDGEMENT OF RECEIPT To: 0.4n H 11)/1 s5 c DIVISION/SECTION: �5� `AJ RE: RECEIPT OF ENFORCEMENT SUBMITTAL DATE OF RECEIPT. This Acknowledges receipt by the Division of Water Quality of the enforcement action. This Acknowledgement i for file purpos nly. Received By: �I ( gnnat_ure) r (Printed Name) Please sign the Acknowledgement of Receipt and returnto: Division of Water Quality Raleigh Regional Office Surface Water Protection Section 1628 Mail Service Center Raleigh NC 27699-1628 Attn: Barbara Menefee -Dunn DATE: TO: ACKNOWLEDGEMENT OF RECEIPT nn Is DIVISION/SECTION: RE: RECEIPT OF ENFORCEMENT SUBMITT&L DATE OF RECEIPT: This Acknowiedges receipt by the Division of Water Quality of the L-nf ) 50N--, �aS� . Th—' OtQcc 0ajw.enforcement action. This Acknowledgement is for file purposes only. Received By: (Signature) (Printed Name) l �y Lover meet Page 1'of 1 NCDENR CormsNndence Tracking System 00305200802504 Summary Petition for a Contested Case Hearing: Hanson Aggregates Southeast: Inc, v. DWQ Received OSM112003 via Lotter Legal issue for Mary Penny Thompson Issued 04n812008 by Robert Snyder of Hanson Aggregates Southeast, Inc, For Recipient Use Only To: Date: / / Respond By: Please' Prepare a reply for my signature and return to me. Reply, noting the letter was referred to you by me. Prepare a reply for the Governor's signature and return to me. Reply, noting the letter was referred to you by the Governor. For your information. Take appropriate action Note and file. Note and return to me. Note and see me about this. Your comments and/or recommendations. 'Copy to secretary's MCC Remarks http:/f beam.enr.state.ac.us/Wdt!Vprint.do?di spech=mrsdpmfile&id-2504 M212008 ,w STATE OF NORTH CAROLINA COUNTY OF WAKE HANSON AGGREGATES SOUTHEAST, INC., Petitioner, V. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT and NATURAL RESOURCES, DIVISION OF WATER QUALITY, Respondent. C1 c L n MAY 1 2008 IN THE OFFICE OF /1RONMW g ADMINISTRATIVE HEPNTURk RESOD No. PETITION FOR CONTESTED CASE HEARING Pursuant to N.C.G.S. §§ 15OB-23 and 143-215.1(e), Hanson Aggregates Southeast, Inc. ("Hanson") files this petition for contested case hearing to appcal the Assessment of Civil Penalties in Case NO PC-2008-0004 (the "Penalty") by the Respondent North Carolina Department of Environment and Natural Resources ("DENR" or "Respondent") concerning Petitioner's stormwater facilities in Wake County. In support of this petition, Hanson respectfully shows the Court the following: Hanson appeals the Assessment of Civil Penalties in relation to, among other things, the alleged failure to maintain a BMP Plan and the alleged failure to comply with the inspection and maintenance requirements of its NPDES permit. 2. Pursuant to N.C.G.S. § 143-2 15. I(e), Hanson has specific appeal rights as a permittee. Hanson is a "person aggrieved" as defined in N.C.G.S. § 15OB-2(6) because it is a person directly and indirectly affected substantially in its person and property by the administrative decision to assess a civil penalty. 3. In issuing the Assessment of Civil Penalty, DENR exceeded its authority and jurisdiction, acted erroneously, failed to use proper procedure, acted arbitrarily and capriciously, and failed to act as required by law. Hanson has not yet had the opportunity to conduct discovery or to review all of the relevant documents with regard to DENR's decision to issue the Assessment. Therefore, Hanson expressly reserves the right to rely on facts, grounds and theories that are not known to it at this time and to amend this Petition as necessary. 4. This petition is filed in a timely manner because it is filed within thirty (30) days of Hanson's receipt of the Assessment. Based on the foregoing allegations, Hanson hereby requests a contested case hearing on the above -referenced DENR decision, and requests that an Administrative Law Judge be assigned to the case by the Office of Administrative Hearings. 1MM 103390* 1 This, the 28 day of April, 2008. H "� GGREGATES UTHEAST, INC. By: � Robert Snyder, lnviro,menia] anager/Attorney Fact MOM 10339041 US2000101590" 1 Permit No. NCG020000 35. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 36. Visible Sedimentation Solid particulate matter, both mineral and organic,. that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 37. 25-year, 24-hour storm event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part V, VI and VII Page 7 of 7 i • 4 1 34 U, w l u (- ? A STATE OF NORTH CAROLINA COUNTY OF WAKE IN THE OFFICE OF ADMINISTRATIVE HEARINGS 08 EHR 1096 Hanson Aggregates Southeast Inc. ) Petitioner, ) V. ) RESPONDENT'S RESPONSE TO NOTICE OF CONTESTED CASE N. C. Department of Environment and ) AND PREHEARING STATEMENT Natural Resources, Division of Water } Quality, ) } Respondent. ) RESPONSE TO NOTICE OF CONTESTED CASE AND ASSIGNMENT NOW COMES Respondent, the North Carolina Department of Environment and Natural Resources (hereinafter "DENR"), Division of Water Quality (hereinafter "DWQ"), by and through its counsel, Roy Cooper, Attorney General of the State of North Carolina, and Jane L. Oliver, Assistant Attorney General, and in response to the Notice of Contested Case and Assignment, says that the Assessment of Civil Penalties, PC 2008-0004 (hereinafter "CPA") and transmittal letter dated April 1, 2008, which was issued by DWQ, is the document which caused the filing of the Petition for Contested Case Hearing. The CPA is attached hereto as Exhibit A and is incorporated herein by reference. PREHEARING STATEMENT Pursuant to the Orders issued by the Honorable Donald W. Overby, Administrative Law Judge, on May 2, 2008 and to N.C. Admin Code tit. 26, r. 03,0104, Respondent files the following Prehearing Statement. The paragraphs of this Prehearing Statement correspond to those set out in the Order for Prehearing Statements. Respondent reserves the right to amend this Prehearing Statement as this case develops. 1. The issues to be resolved, and the statutes, rules and legal precedent involved: This matter involves Petitioner's appeal of a CPA issued by DWQ against Petitioner in the amount of twenty thousand seven hundred one dollars and twenty cents ($20,701.20), including seven hundred one dollars and twenty cents ($701.20) in investigative costs. The issues to be resolved are whether DWQ exceeded its authority, acted erroneously, failed to use proper procedure, acted arbitrarily and capriciously, and failed to act as required by law in issuing the CPA and whether Petitioner's rights were substantially prejudiced. Controlling statutes and regulations include N.C. Gen. Stat. § 143-214.7; N.C. Gen. Slat. § 143-215.1; N.C. Gen. Stat. § 143-215.6A; N.C. Gen. Stat. § 143B-282.1(b); fresh surface water quality standards for Class C waters codified at 15A NCAC 213.0211; the Neuse River Basin buffer protection requirements codified at Title 15A NCAC 2B.0233; Stormwater General Permit rules codified in Title 15A NCAC 2H, and any statutes and rules otherwise cited in the Findings and Decision and Assessment of Civil Penalties, see Exhibit A. At this early stage of the proceedings, Respondent cannot cite any legal precedent which might be relevant or controlling in this contested case. 2. ' A brief statement of the facts and reasons supporting the party's position on each issue in dispute: On February 7, 2005, Petitioner Hanson Aggregates Southeast, Inc., was issued a certificate of coverage (NCG020052) under Stormwater General Permit No. NCG020000 (hereinafter "Permit") for Petitioner's rock quarry facility located off Duraleigh Road in Wake County, North Carolina. On July 2, 2007 and July 5, 2007, DWQ conducted a site inspection of Petitioner's facility. During the inspection, DWQ staff determined that on June 29, 2007, a holding basin berm 2 had failed resulting in a discharge of untreated mine wastewater and residuals into Crabtree Creek and the riparian buffer. The discharge impacted approximately 75 linear feet of the stream. On April 1, 2008, DWQ assessed a civil penalty against Petitioner for water quality violations including the illegal discharge of untreated mine site wastewater and residuals into Crabtree Creek; the failure to have an adequate stormwater best management practices plan; the failure to comply with inspection and maintenance requirements for best management practices; the failure to perform qualitative and analytical monitoring from February 7, 2005 to July 5, 2007; the failure to report the illegal discharge to DWQ within 24-hours of the time Petitioner became aware of the discharge; the violation of State water quality standards and the violation of the State's Neuse River Basin riparian buffer protection rule. A more complete statement of facts and agency conclusions is set forth in the copy of the CPA, attached as Exhibit A. Petitioner contends that DWQ exceeded its authority, acted erroneously, failed to use proper procedure, arbitrarily and capriciously and failed to act as required by law in issuing the CPA. Respondent contends that DWQ complied with all applicable statutes and regulations in issuing the CPA and that its action is justified. 3. A list of proposed witnesses: Respondent may call one or more of the following witnesses: Tom Reeder, (former)Storm water Environmental Supervisor, DWQ Central Office; Ken Pickle, DWQ Central Office; John Hennessy, Environmental Supervisor, DWQ Central Office; Shelton Sullivan, Environmental Specialist, DWQ Central Office; Lauren Cobb Witherspoon, Environmental Senior Specialist, DWQ, Raleigh Regional Office; Danny Smith, DWQ Regional Supervisor, Raleigh Regional Office; Judy Garret, Environmental Specialist, Raleigh Regional Office; Rob Snyder. 3 i � Y Additionally, Respondent may call as a witness any person familiar with DWQ's issuance of the CPA, and any person whom the Petitioners may call as a witness. Respondent reserves the right to supplement this list as it prepares for the hearing in this matter. 4. Whether you wish to pursue discovery. If so, the length of time required if different from the time set in the Scheduling Order: Respondent wishes to pursue discovery and intends to meet the September 8, 2008 discovery deadline. However, Respondent reserves the right to request that the period for discovery be extended, if necessary. 5. Requested location of hearing; if different from the location set in the Scheduling Order: Respondent does not object to the hearing location of Raleigh, North Carolina. 6. Estimated length of hearing: The hearing length is estimated at one (1) day. 7. If you do not have an attorney, your home business addresses and telephone numbers: Respondent is represented by the undersigned counsel. 8. The date by which you will be ready to have a hearing in this case if different from the date set in the Scheduling Order: Counsel for Respondent expects to be ready for hearing the week beginning September 22, 2008, but Respondent reserves the right to request a continuance, if a continuance is needed. 9. Other special considerations: Petitioner and Respondent intend to attempt to resolve this case informally. M Respectfully submitted this the 2"d day of June 2008. ROY COOPER Attorney General L off; V44'z Jane L. Oliver Assistant Attorney General N.C. Bar No.: 16771 N.C. Department of Justice 9001 Mail Service Center Raleigh, NC 27699-9001 (919)716-6600 (919)716-6766/Fax CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing RESPONDENT'S RESPONSE TO NOTICE OF CASE AND PREHEARING STATEMENT was served on the Petitioner by depositing a copy in the United States Mail, first class, postage prepaid, addressed as follows: Robert Snyder Hanson Aggregates Southeast, Inc. 2300 Gateway Center Blvd Morrisville, NC 27560-9626 PETITIONER This the 2"d day of June, 2008. Jane L. Oliver Assistant Attorney General ,1•4 STATE OF NORTH CAROLINA COUNTY OF WAKE HANSON AGGREGATES SOUTHEAST, INC., Petitioner, V. NORTH CAROLTNA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUAIL r, Rwpondcnt. IN THE OFFICE OF A.DMINISTRAnvE MEAWNGS 0$1HR 1096 NOTICE, OF VOLUNTARY DIS?ZSSAL NOW COMBS Petitioner Hama Agg mVvs Soudwwt, Inc., pursuant to Ruk 41 of W North Carolina Rules of Civil Procxdum and hereby vohwtarily dismissw with pr*udice the Petition far a Contested Case Hearing in the above -captioned action. This the _ day of ly( 2008. HANSON AGGREGATES SOLMIEAST, INC. bert Snl der Enviraaiaental blower/Attorney in Fact CERTIFICATE OF SERVICE l oertify tiw the foregoing NOME OF VOLUNTARY DISMISSAL has been served on counsel for Respandent, by deposi* it in an official depository of the United Slates Postal Service in a prepaid first olass envelope addmssed as follows: Assistant Attorney GanAit NC Dep$roment of Justice Envimnmemai Division 9001 MWI Service Center RAJO h, NC 27699-2M This the �7 -- day of IJLf Robert Snyder STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general pernit is applicable to: • Stormwater point source discharge outfalls associated with mining and clttarrying of nonmetallic minerals (except fuels), land disturbance, and vehicle maintenance. • Mine dewatering wastewater discharge outfalls. • Wastewater discharge outfalls from sand and/or gravel operations. • Nondischarging closed loop recycle systems. • Process recycle wastewater discharge outfalls. The following activities and their associated discharges are specifically excluded from coverage under this General Permit: borrow pits covered by the DOT statewide stormwater permit, peat mining, coal mining, metal mining, oil and gas extraction operations, and combined mining/asphalt operations (where the asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 19, 2005. The General Permit shall expire at midnight on December 31, 2009. Signed this day January 19, 2005. Original Signed by Alan Klimek Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No, NCG020000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART II AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Section A: Requirements to Construct New or Expanded Treatment Facilities Section B: Requirements For Operation of a Treatment Facility PART III MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Best Management Practices (BMPs) Plan Section B: Analytical and Qualitative Monitoring Requirements for Discharges Composed Entirely of Stormwater Section C: Effluent Limitations and Monitoring Requirements for Mine Dewatering and Process Wastewater Discharges PART IV STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights T Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. General Pen -nit Expiration 2. Transfers T Permit No. NCG020000 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Wastewater or Stormwater Control Facilities Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Non-Stormwater Discharges 6. Representative Outfall 7. Records Retention 8. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4, Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10. Other Information PART V LIMITATIONS REOPENER PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VII DEFINITIONS M M Permit No. NCG020000 PART I INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering wastewater or process wastewater that has a point source discharge to the surface waters of the state. This General Permit covers mining and quarrying of nonmetallic minerals (except fuels) including borrow pits that would not be covered under the statewide DOT stormwater permit) and active or inactive mines that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and rnine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit. Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. Facilities submitting NOIs for coverage under this permit, prior to establishment or approval of a Total Maximum Daily Load (TMDL) for a priority pollutant(s) for stormwater discharges (i.e. wet weather flows), tnay be covered under this permit during its term. For such facilities continued coverage under the reissuance of this permit is subject to the facility demonstrating that it does not have a reasonable potential to violate applicable water quality standards for such pollutants due to the stormwater discharge(s). For facilities that do have a reasonable potential for violation of applicable water quality standards due to the stormwater discharge(s) the facility shall apply for an individual permit 180 days prior to the expiration of this general permit. Once the individual permit is issued and. becomes effective the facility will no longer have coverage under the general permit. A list of approved TMDLs for the state of North Carolina can be found at http:l/h2o.etir.state.nc.us/tmdl/General_TMDLs.htm. Part I Page 1 of 2 1 Permit No. NCG020000 SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering and process wastewater to the surface waters of North Carolina or a separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water quality certification rerinirements as outlined in 15A NCAC 2H .0500. This permit does not relieve the permitee from responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or decree. Part 1 Page 2 of 2 Permit No. NCG020000 PART II AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Mining operations which involve construction and operation of treatment facilities for mine dewatering wastewater or process wastewater (such as saw water, wash water, etc.) are subject to construction and operation requirements for these facilities as outlined in Section A and Section B below. SECTION A: REQUIREMENTS TO CONSTRUCT NEW OR EXPANDING TREATMENT FACILITIES All new or expanding treatment facilities must receive an Authorization to Construct (A to C) from DWQ. 2. Application for the A to C requires that plans and specifications be submitted to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 for approval. Upon approval of the plans and specifications by the Division, a set of approved plans and specifications for the subject project will be returned to the permittee. These plans must be retained by the permittee for the life of the treatment facility. 4. Upon receipt of an approved A to C, the approved treatment facilities shall be constricted in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. The treatment facilities shall be constructed to meet the effluent limitations in Part III, Section C of this general permit. Upon completion of construction and prior to operation of a pennitted facility, a certification of plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification of plans and specifications to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. The DWQ Regional Office shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in place inspection can be made if the Regional Office so desires. Such notification to the regional supervisor shall be made during nonnal business hours from 8:00 a.m. until 5:00 p.nr. on Monday through Friday, excluding State Holidays. Part 11 Page 1 of 2 Permit No. NCG020000 Existing, new and expanding treatment facilities shall be subject to the following operational requirements. SECTION B: REQUIREMEN'rS FOR OPERATION OF A TREATMENT FACILITY Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage is required to operate an existing treatment facility. New facilities must also have an Authorization to Construct permit. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part IV, Section C.3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the permittee shall take immediate con-ective action, including those actions that may be required by this Division, such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting from the operation of a treatment facility, Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. Any groundwater quality monitoring, as deemed reasonably necessary by the Division, shall be provided. 7. No chemical flocculants shall be used in the treatment facility without written authorization from the Division. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part LI1, Section C of this permit. Part 11 Page 2 of 2 5 Permit No. NCG020000 PART III MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER BEST MANAGEINIEN"C PRACTICES (BMPS) PLAN The pernittee shall implement stonnwater BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this pennit. A BMP Plan shall be developed in accordance' with the requirements of this section. The BMP Plan requirement, or portions of the plan requirement, may be met by utilizing appropriate requirements in other documented plans specific to the permitted facility. Management of Stormwater Runoff and Runon. The pennittee shall maintain stormwater BMPs for land disturbance areas and outside process areas. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off site stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwater runoff and runon in a manner that reduces pollutants in stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). 3. BMP Controls Inspection and Maintenance. All stormwater BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The BMPs implemented shall be operated and maintained so that they are cleaned out when the sediment storage capacity has been reduced by 50%. If any visible sedimentation is leaving the property, corrective action shall betaken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to remove the sediment that left the site. All other stormwater specific controls (e.g. oil /water separators) shall be inspected and qualitatively monitored (as per Part I11.13.3) on a semiannual schedule, once in the fall (September -November) and once during the spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan and kept onsite for the duration of the permit tenn and made available to the Director upon request. 4. Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Land Resources. Compliance with the issued permit is considered a requirement of this general permit. Any deviation from the issued permit, or aunendments to the issued permit, that impacts water quality shall constitute a violation of the terms and conditions of this general permit. A signed copy of the issued permit including the approved erosion and sedimentation control measures and the reclamation plan shall be maintained on the site at all times. Once an area is released by the Division of Land Resources in Part III Page 1 of 9 Permit No. NCG020000 accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this general permit. Preventive Maintenance Inspections and Good Housekeeping Practices. Equipment utilized during mining activity on a site must be operated and maintained in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on the ground or into surface waters. Spent fluids sliall be disposed of in a manner so as not to enter the surface waters or ground waters of the state and in accordance with applicable federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner that does not allow their entry into the surface waters or ground waters of the state. Secondary Containment. The permittee shall provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title fIl of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous liquids substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured with a locking mechanism) and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. SECTION B: ANALYTICAL AND QUALITATIVE MONITORING REQUIREMENTS FOR DISCHARGES COMPOSED ENTIRELY OF STORMWATER Analytical monitoring for stormwater discharges shall be performed for parameters as specified in `fables I through 4. All analytical monitoring shall be performed during a representative storm event as defined in Part VII. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit may be calculated for each individual outfall and compared to the cut-off concentrations listed in Tables 2 and 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, the facility is not required to continue annual monitoring for that parameter (at that outfall) until the last year of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the pertnittee is required to maintain facility operations that ensure the continuation of stonnwater runoff quality. The permittee must perform anal1ical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. In situations where stormwater runoff is controlled by some type basin or retention/detention pond, the following provisions are applicable for sample collection for analytical monitoring: • Analytical monitoring for stormwater discharges from a basin or other similar control structures must be performed within the first 30 minutes of discharge. Part 11I Page 2 of 9 Permit No. NCG020000 Analytical monitoring for a basin /pond designed to contain the 10-year design storm (see Part VII, Definitions) without discharging is not required. Qualitative monitoring for color, foam, outfall staining, visible sheen and dry weather flow is the only monitoring requirement. Analytical and qualitative monitoring are not required for a basin/pond designed to contain the 25-year, 24-hour storm (see Part VII, Definitions) without discharging. A basin/ pond meeting this provision is considered a non -discharging stormwater control. 1. Analytical Monitoring for Stormwater Discharges from Land Disturbance and Process Areas. Analytical monitoring for stormwater discharges from land disturbance and process areas shall be performed as specified in Table 1. Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Land Disturbing Activities and Process Areas Discharge Characteristics Units Measurement Fre uenc rl Sample 'rype2 Sample Locatiod Settleable Solids ml/l Annually Grab SDO Total Suspended Solids m I Annually Grab SDO Turbidit NTU Annual/ Grab SDO Total Rainfal14 inches Annually-- -- Event Duration4 minutes Annually-- -- Total Flow4 MG Annually -- SDO Footnotes. I Measurement Frequency: Once per year during a representative storm event. A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. 2 The sample is collected within the first 30 minutes of discharge front the outfall. 3 Sample Lucatiom samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. 4 For each sampled representative storm event, the total precipitation, storm duration, and total flow must be monitored. Total (low shall be either; (a) measured continuously, (b) calculated based on the amount ol'arca draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 'liable 2. Analytical Monitoring Cut-off Concentrations for Stormwater Discharges from Land Disturbance Activities and Process Areas Discharge Characteristics Cut-off Concentration Settleable Solids 0.1 ml/l Total Suspended Solids 100 m rll Turbidity (Freshwater non -trout streams) 50 NTU Turbidity (Non -trout lakes and saltwaters) 25 NTU Turbidity (Trout waters) 1 10 NTU Part III Page 3 of 9 Permit No. NCG02COOO 2. Analytical Monitoring for On -site Vehicle Maintenance. Facilities which have any on -site vehicle maintenance activity that uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. `fable 3. Analytical Monitoring Requirements for Stormwater Discharges from On -Site Vehicle Maintenance Areas Discharge Characteristics Units Measurement Frequency Sample Ty el Sample Location2 f-1 S.U. Annually Grab SDO Oil and Grease m I Annually Grab SDO Total Suspended Solids m I Annually Grab SDO Total Rainfa113 inches Annually Grab -- Event Duration3 minutes Annually Grab -- Total Flow3 MG Annually Grab SDO Footnotes: I The sample is collected within the first 34 minutes of discharge. 2 Sample location: Samples shall be collected at each stomtwater discharge outfall (SDO) that discharges storntwater runoff from arca(s) where vehicle maintenance activities occur. 3 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built - upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 26 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities Discharge Characteristics Cut-off Concentration H I within range the 6.0 — 9.0 Oil and Grease 30 rnyZI Total Suspended Solids 100 m� l Footnotes: I pll cannot be avcragcd due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. 3. Qualitative Monitoring for Stormwater Discharges from Land Disturbance Areas, Process Areas and Vehicle Maintenance Areas. Qualitative monitoring requires a visual inspection of all stormwater outfalls with stormwater runoff from land disturbance, process or vehicle maintenance areas regardless of representative outfall status or cut-off concentrations and shall be performed as specified below in Table 5. No analytical tests are required. Part III Page 4 of 9 Permit No. NCG020000 The first qualitative monitoring_ event during thi, e term of the pen -nit must coincide with the initial analytical monitoring event (regardless of the season). All other qualitative monitoring will be performed twice per year, once in the spring (April - June) and once ill the fall (September - November) and does not need to be performed during a representative stonn event. Table 5. Qualitative Monitoring Requirements Discharge Characteristics Frequency Monitoring Location I Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Deposition at or immediately below th outfall Semi -Annual SDO Erosion at or immediately below the outfall Semi -Annual SDO Other obvious indicators of stormwater pollution Setni-Annual SDO "ootnt I Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) associated with land disturbance areas, process areas and vehicle maintenance areas regardless of rcpresenttttivc outfall status. SECTION C: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR MINE DEWATERING WASTEWATER AND PROCESS WASTEWATER 1. Mine Dewatering Wastewater (including Borrow Pits) During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands must have secured and implemented an Operation and Monitoring Plan approved by the Division. Operation and Maintenance Plans shall include, but are not limited to: • Groundwater monitoring strategies to demonstrate the effect of pumping and, as necessary, establish the pumping regime necessary to reduce impacts. • Detailed plans to maintain the surrounding hydrology and the respective monitoring to demonstrate compliance. Part Ill Page 5 of 9 Permit No. NCG020000 Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. The discharge of Mine dewatering wastewater that is directly pumped from the pit through an erosion and sedimentation control structure prior to discharging to surface waters is not required to receive an authorization to construct in accordance with Part II, Sections A and B. Mine dewatering wastewater discharges which requires additional treatment other than erosion and sedimentation control structures are subject to the authorization to construct requirement. Analytical monitoring of mine dewatering wastewater shall be performed as specified below in Table 6. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 6. Monitoring Requirements for Mine Dewatering Wastewater Discharge Characteristics Units Measurement Frequency] Sample Ty e2 Sample Location3 H S.U. Quarterly Grab E Settleable Solids ml/l Quarterly Grab E Total Suspended Solids5 -mg/1 Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Fecal Colifortnfi col/rnl Quarterly Grab 1� Total Flow4 MG Quarterly - E Footnotes: I The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining pertnit term. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat mine dewatering wastewater that results from rainfall in excess of 10-yr, 24-hr storm (this exemption is not available for mine dewatering of clay pits). 3 Sample Location: E — Effluent, U — Upstream, D — Downstream 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand are required to monitor for this parameter. 6 Only facilities discharging to waters classified as SA waters are required to monitor for this parameter 2. Wastewater Associated With Sand/Gravel IN'lining During the period beginning on the effective elate of the permit and lasting until expiration, the permittee is authorized to discharge wastewater from mining of sand and/or gravel operations. For the purposes of this permit, wastewater from mining of sand and/or gravel is water that that Part III Page 6 of 9 Permit No. NCG020000 is conveyed from the mined sand and/or gravel through an erosion and sedimentation control facility prior to discharging to surface waters. Authorization to construct and operate requirements (Part It, Sections A and B) are not applicable to this type of wastewater operation. Analytical monitoring of wastewater draining from mined sand and/or gravel shall be perfonned as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations will result in a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 7. Monitoring Requirements for Wastewater from Sand and/or Gravel Mining; Discharge Characteristics Units. Measurement Fre uenc ] Sample Type2 Sample Location3 l-I S.U. Quarterly Grab E Settleable Solids ml/l Quarterly Grab E Total Sus ended Solids mg/1 Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Total Flow4 MG Quarterly - E Footnotes: 1 The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit tenn. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat process wastewater that results from rainfall in excess of 10-yr, 24-hr storm. 3 Sample Location: E — Effluent, or combined (U — Ups(ream, D -- Downstream) 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. S Only facilities mining Industrial Sand are required to monitor for this parameter. 3. Overflow From a Closed Loop Process Recycle Wastewater System Designed to Operate With Minimum of Two Feet of Freeboard During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the following closed loop process recycle wastewater systems designed and operated with two feet of freeboard during normal operation: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Crusher Dust Control Operations For the purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard. Closed loop is defined as limiting the water entering the system to makeup water that is added to operate the system at or below the two feet of freeboard and/or precipitation that falls directly into the system. The system would also be Part III Page 7 of 9 Permit No. NCG020000 designed to exclude stormwater runoff from draining into the system. Authorization to construct and operate requirements (Part II, Sections A and B) are not applicable to this type of process wastewater operation. No analytical monitoring is required for overflow from closed loop process recycle wastewater systems designed to operate with two feet of freeboard. 4. Overflow From Other Process Recycle Wastewater Systems During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the following process recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Air Scrubbing and Dust Control Operations Analytical monitoring of overflow from process recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard shall be performed as specified below in Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. These systems don't meet the requirements for closed loop recycle systems and are not designed and operated with two feet of freeboard. Authorization to construct and operate requirements (Part Ii, Sections A and B) are applicable to this type of process wastewater operation. Table 8. Monitoring Requirements for Overflow From Process Recycle Wastewater Systems Discharge Characteristics Units Measurement Frequency] Sample 'Cy )e2 Sample Location3 H s.u. Quarterly Grab E Settleable Solids mlll Quarterly Grab E Total Suspended Solids5 mg/1 Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Total Flow4 MG Quarterly - E Footnotes: I The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat process wastewater that results from rainfall in excess of l0-yr, 24-hr storm. 3 Sample Location: E — Effluent, or combined (U — Upstream, D — Downstream) 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand are required to monitor for this parameter. Part 1]I Page 8 of 9 Permit No. NCG020000 'Fable 9. Effluent Limitations for Process Wastewater and thine Dewatering Wastewater Discharge Characteristics Effluent Limitations Monthly Average Daily Maximum Settleable Solids 0.1 ml/l 0.2 ml/l Total Suspended Solids Industrial Sand Minin )z 25 m /l 45 m l H Range I -------- 6.0 — 9.0 Turbidity Freshwater non -trout streams -------- 50 NTU Turbidity (Non -trout lakes and saltwaters) -------- 25 NTU Turbidity (Trout waters) -------- 10 NTU Footnotes: 1 The pH range for saltwater is 6.8-8.5. Designated swamp waters can have a pH as low as 4.3 if due to natural conditions. 2 Monthly Average Limit for discharges to waters designated as HQW waters is 20 mg/l 5. BM.P Conditions a) The permittee shall utilize best management practices to ensure that contaminants do not enter the surface waters as a result of blasting at the site. b) The permittee shall obtain authorization From the Director prior to utilizing any chemical flocculants. 6. Residual Management The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part III Page 9 of 9 Permit No. NCG020000 PART IV STANDARD CONDITIONS FOR NPDES STORMWA'ITER GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule a. The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: (1) For Discharge From Process Areas and Vehicle Maintenance Activities: (a) Existing Facilities with First Stormwater Permit. Develop and implement BMPs and stormwater controls as appropriate within the first 12 months of permit coverage. (b) Proposed Facilities. Develop and implement BMPs and stormwater controls, as appropriate prior to beginning mining operations. (2) For Discharges From Land Disturbance Activities: (a) Existing Facilities with First Stormwater Permit. Implement BMPs and stormwater controls as appropriate, on the effective date of permit coverage. (b) Proposed Facilities. Develop and implement BMPs and stormwater controls as appropriate prior to beginning land disturbance activity. b. The permittee shall comply with Effluent Limitations for wastewater discharges by the effective date of the pen -nit unless otherwise specified in the permit. 2. Duty to Comply The permittee must comply with all conditions of this general permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for certificate of coverage tennination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall comply with standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, is subject to a civil penalty not to exceed $27,500 per day for each violation. Any person who negligently violates such sections, or any permit condition or limitation is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or Part IV Page 1 of I I Permit No. NCG02t COO both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment 1br not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates such sections, or any permit conditions or limitations, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisomment of not more than 30 years, or both. An organization (as defined in section 309 of the Clean Water Act) shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $11,000 per violation with the maximum amount not to exceed $137,500, [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than twenty-five thousand dollars ($25,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-215.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302, 306, 307, 308, 3 18,'or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $27,500. Penalties for Class I1 violations are not to exceed $11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $137,500. 3. Duty to Mitigate The pennittee shall take all reasonable steps to minimize or prevent any discharge in violation of this general permit which has a reasonable likelihood of adversely affecting human health or the environment. 4. Civil and Criminal Liability Except as provided in Section C of this part regarding bypassing of stonnwater control facilities, nothing in this general permit shall be construed to relieve the perrnittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143- Part IV Page 2 of 1 I Permit No. NCG020000 215.3, 143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Oil and Hazardous Substance Liability Nothing in this general permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this general permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. SeverabilitY The provisions of this general permit are severable, and if any provision of this general permit, or the application of any provision of this general permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this general permit, shall not be affected thereby. Duty to Provide Information The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general pen -nit or to determine compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate,. any monitoring device or method required to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10. Penalties for Falsification of Reports Part IV Page 3 of I 1 Permit No. NCG020000 The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL CONDITIONS General Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS § 143-2153.6 and 33 USC 1251 et.seq. 2. Transfers The certificate of coverage issued pursuant to this general permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. When an Individual Permit May be Regaired The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this general permit to apply for and obtain an individual pen -nit or coverage under an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: The discharger is a significant contributor of pollutants; Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; The discharge violates the terms or conditions of this general permit; A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; Part 1V Page 4 of 11 Permit No. NCG020000 Effluent limitations are promulgated for the point sources covered by this general permit; A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. g. The Director determines at his own discretion that an individual pennit is required. 4. When an Individual Permit May be Requested Any permittee operating under this general permit may request to be excluded from the coverage of this general permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Signatory Reguirements All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this general permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the general permit and other information requested by the Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; Part IV Page 5 of I i Permit No. NCG020000 (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. c. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." General Permit Modification,_ Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying the general permit, revoking and reissuing the general permit, or terminating the general permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143- 215.1 et. al. After public notice and opportunity for a hearing, the general permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general permit condition. The certificate of coverage shall expire when the general permit is terminated. Certificate „of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general pen -nit condition. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance Part IV Page 6 of 11 Permit No. NCG020000 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. 2. Need to Halt or Reduce not a Defense It shall not be a defense for a pennittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. Bypassing of Stormwater or Wastewater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stornwater or maintenance during normal periods of equipment downtime or dry weather, This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and The permittee submitted notices as required under Section E of this part. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the penmitted discharge. Analytical sampling shall be performed during a representative storm event. Samples shall be taken on a day and time that is characteristic -of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Director. Part IV Page 7 of I I Permit No. NCG020000 2. Recording Results For each measurement, sample, inspection or maintenance activity performed or collected pursuant to the requirements of this general permit, the permittee shall record the following information: The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; The date(s) analyses were perfonned; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this general permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. Nori-Stormwater Discharges If a monitored storm event coincides with a non-Stormwater discharge, the permittee shall separately monitor all parameters as required under the non-Stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for Part IV Page 8 of l 1 Permit No. NCG020000 representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Records Retention Qualitative monitoring shall be documented and records maintained at the facility. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this general permit; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this general permit; C. Inspect at reasonable tirnes any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general pen -nit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report fbrms provided by the Director. Submittals shall be received by the Division no later than 30 calendar days after the end of the reporting period. Part IV Page 9 of I I Permit No. NCG020000 Documentation of the qualitative monitoring associated with the initial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. Submitting Reports Duplicate signed copies of all reports required herein, shall be submitted to the following address: Central Files Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under the non-stormwater discharge permit and provide this information with the stormwater discharge monitoring report. Planned Changes The pertittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the general permit or subject to notification requirements under 40 CFR Part 122.42 (a). Part IV Page 10 of I 1 Permit No. NCG020000 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may result in noncompliance with the general permit requirements. 7. Bypass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated duality and affect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. Twenty-four Hour Reporting The permittee shall report to the DWQ central office or the appropriate DWQ regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated tune compliance is expected to resume; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the general permit. (2) Any upset which exceeds any effluent limitation in the general permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the general permit to be reported within 24 hours. The Director may waive the written report on a case -by -case basis if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all other instances of noncompliance not reported under the 24- hour reporting requirement at the time monitoring reports are submitted. 10. Other information Where the permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this general permit or in any report to the Director, it shall promptly submit such facts or information. Part IV Page 11 of I I Permit No. NCG020000 PART V LIMITATIONS REOPENER This general permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: Contains different conditions or is otherwise more stringent than any effluent limitation in the general permit; or b. Controls any pollutant not limited in the general permit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. .PART VI ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS The pennittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. PART VII DEFINITIONS Act See Clean Water Act. Arithmetic Mean The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. Allowable Nan-Stormwater Dischar les This permit regulates, in part, stormwater discharges. Non-stormwater discharges which shall be allowed in the stonnwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. Part V, VI and VII Page 1 of 7 Permit No. NCG020000 (b) Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire -fighting or lire -fighting training. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Bypass A bypass is the known diversion of stormwater or wastewater from any portion of a BNIP or control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies the general pen -nit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the pen -nit and is signed by the Director. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 125 1, et. seq. 9. Division or DWO The Division of Water Quality, Department of Environment, and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina Environmental Management Commission. Part V, VI and VII Page 2 of 7 Permit No. NCG020000 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of a local government such as a city or town. 16. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage tinder a general permit. . 17. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally occurring surface materials that are not disturbed by mining operations. 18. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit. 19. Point Source Discharge of Stonnwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 20. Representative Storm Event A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For Part V, VI and VII Page 3 of 7 Permit No. NCG020000 example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 21. Representative Outfall Status When it is established that the discharge of stormwater ninoff from a single outfall is representative of the discharges at multiple outfalls, the DWQ may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outlalls. 22. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 3 13 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and Meets at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 1 16.4; or (3) Is a pollutant for which EPA has published acute or chronic water duality criteria. Part V, VI and VII Page 4 of 7 Permit No, NCG020000 25. Severe PropeTjy Dama 7e Means substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 1 10.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 2& Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 29. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying storrnwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 30. Stormwater Pollution Prevention Plan A comprehensive site -specific plan which details measures and practices to reduce storrnwater pollution and is based on an evaluation of the pollution potential of the site. 31. Ten Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. Part V, VI and VII Page 5 of 7 ,, r Permit No. NCG020000 32, Total Flow The flow corresponding to the time period over which the sample collection occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act, 34. Upset Means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment or control facilities, inadequate treatment or control facilities, lack of preventive maintenance, or careless or improper operation. Effect of an Upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limitations if the requirements of paragraph c. of this condition are met.' No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. Conditions Necessary for a Demonstration of Upset A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part IV, E. 8 of this general permit. (4) The permittee complied with any remedial measures required under Part 1I, A. 2. of this general permit. Burden of Proof In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part V, VI and VII Page 6 of 7 { , "SCC PRIORITY PROJECT Yes --- No_LX If Yes, SOC No. To: Permits and Engineering Unit Water Quality Section" Attention: (Review F Date 2 -/o - 92 NPDES STAFF REPORT AND RECOMMENDATION County G,/a& Permit No. NC 0.20a'5z �q ae000 35 90) PART I - GENERAL INFORMATION 1. Facility and Address: /V/e //o 4 , 7�;e ,e 6 . - 665 P.o. Poy- //3// 211 zuexa4lc //1'C. 2776 ;-Rl, 2. Date of Investigation: /2 - q - 9 Z 3. Report Prepared by: '3,, 4 Ao—)CL/ `� 4. Persons Contacted and Telephone Number: B�- 999- G35� 5. Directions to Site: Q, Aery o , F/ ;;�,/p s w es Us 7 0 o'j 5--.e1&6 led) b. Discharge Point(s), List for all discharge points: r, Latitude: 35 "5 1 / 3�4 " Longitude: 7� a 53 58 Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No. D 5W U.S.G.S. Quad Name e 7. Site size and expansion area consistent with application ? Yes No If No, explain: 8. Topography (relationship to flood plain included): 9. Location of nearest dwelling: Ooly o O�� 10. Receiving stream or affected surface waters: C, L -lam a. Classification: 05 - err Ns (J b. River Basin and Subbasin No.: p 3 : o,4: G z- c. Describe receiving stream features and pertinent downstream uses: a�'n� 5�4' �^-- PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of Wastewater to be permitted: Y� MGD(Ultimate Design Capacity) b. What is the current permitted capacity of the Waste Water Treatment facility? S C. Actual treatment capacity of the current facility (current design opacity)? 5 d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: , e. Please provide a description of existing or substantially constructed wastewater treatment facilities: J`0--"5 A f. Please provide a description of proposed wastewater treatment facilities: Wo^- -� g. Possible toxic impacts to surface waters: r"14 h. Pretreatment Program (POTWs only): in development approved should be required not needed u 2. Residuals handling and utilization/disposal scheme: tjl,, a. If residuals are being land applied, please specify DEM permit no. NPDES Permit Staff Report Version 10/92 Page 2 • Y Residuals Contractor Telephone No. b. Residuals stabilization: c. Landfill: PSRP PFRP Other d. Other disposal/utilization scheme (Specify): 3. Treatment plant classification (attach completed rating sheet): s 4. SIC Code(s): Wastewater Code(s) of actual wastewater, not particular facilities i.e.., non - contact cooling water discharge from a metal plating company would be 14, not 56. Primary ILL- Secondary Main Treatment Unit Code: PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? NIA 2. Special monitoring or limitations (including toxicity) requests: 44 3. Important SOC, JOC or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non - discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Nor rri-u6-ck Connection to Regional Sewer System: Subsurface: -Yw� n Q -OL-Q9 NPDES Permit Staff Report Version 10/92 Page 3 I Other disposal options: 5. Other Special Items: rJ1A PART IV - EVALUATION AND ECOMM NDDATIONS01 �� f s Axle Signature of report preparer Water Quality Regional Supervisor" Date NPDES Permit Staff Report Version 10/92 Page 4 _F Ca ci Cern,;, 'MD r i Phrk,, �50 l ��' � `� �J � -� !� i of �' 4 !( '\'`H-L •�-�._ �1. � •\ � i T���-- epe D.�_�XIIVN_fff// /11_1__,� NJ 1_N\N � FTJ ;, err., tW z,00 166-, C(I pKkllg it J ..-� _'�_E s F r_.� �.._} '-'a'ee_•s.'�` .._..��_ r. ,_�_'.�l''-_. - .���. �.y� -. � .. �_f_-��_ -�r �....�.'�±�s...._-�iii.��' •i;LSr..a.!v..��':i.�.ir _�.,.•! - } } } NEW PUMP LOCATION (AND BACK UP PUMP) 3500 GPM CAPACITY EXISTING BASIN - SUMP LOCATION GENCY SPILL SECTION SEE DETAIL EPDM MEMBRANE LINER SEE DETAIL AREA TO BE STABILIZED BY SEEDING AND G CRAer CR SEEDING MIX EE j� NEW DISCHARGE _ PIPE (TO PIT) DISCHARGE - PIPE (TO PIT) / NOTE: BASE TOPOGRAPHIC INFORMATION AND MAPPING PROVIDED BT CONTINENTAL AERIAL SURVEY; DATED AUG. 03. SPOT SHOT ELEVATIONS OF AS -BUILT CONDITIONS PROVIDED BY GROUND SURVEY; DATED OCT. 07. EXISTING PUMP LOCATION (3500 CPM CAPACITY) TING PLANT AREA - - Ik Ott, + 5 240 ryl :. �► 239,0 BOTTOM ELEV. 238 8' dry' ,• +�5.:.".... 6 g0OM WIC +O* rH ...:............... SLOPE STABILIZATION SEEDING SCHEDULE MAR.1 - JUN. 1 SERICEA LESPEDEZA (SCARIFIED) 50 LBS/ACRE (MAR. 1 - APR.16) ADD TALL FESCUE 120 LBSIACRE (MAR. 1 -JUN. 30) OR ADD WEEPING LOVERGRASS 10 LBSIACRE (MAR. 1 -JUN. 30) OR ADD HULLED COMMON BERMUDAGRASS 25 LBSIACRE JUN. 1 - SEP. 1 *** TALL FESCUE AND 120 LBSIACRE BROWNTOP MILLET 35 LBSIACRE *** OR SORGHUM - SUDAN HYBRIDS 30 LBSIACRE SEP. 1 - MAR. 1 SERICEA LESPEDEZA (UNHULLED - UNSCARIFIED) 70 LBSIACRE AND TALL FESCUE 120 LBSIACRE NOV. 1 - MAR. 1 ADD ABRUZZI RYE 25 LBSIACRE CONSULT CONSERVATION ENGINEER OR SOIL CONSERVATION SERVICE FOR ADDITIONAL IN- FORMATION CONCERNING OTHER ALTERNATIVES FOR VEGETATION OF DENUDED AREAS. THE ABOVE VEGETATION RATES ARE THOSE WHICH DO WELL UNDER LOCAL CONDITIONS, OTHER SEEDING RATE COMBINATIONS ARE POSSIBLE. *** TEMPORARY -- RESEED ACCORDING TO OPTIMUM SEASON FOR DESIRED PERMANENT VEGETATION. DO NOT ALLOW TEMPORARY COVER TO GROW OVER 12" IN HEIGHT BEFORE MOWING,OTHERWISE FESCUE MAY BE SHADED OUT. P LA %EWGRAPH 40 20 10 0 10 20 NON -REINFORCED EPDM POND LINER 60 mil 6" THICK STONE EARTHEN BERM LINER d50 = 2" (CLAYEY MATERIAL) 1' COMPACTED FILL�� 1' TOE ANCHOR EPDM LINER INSTALLATION DETAIL NOT TO SCALE 245 i f ' FLOAT CONTROL SWITCH 242.0' PUMP OFF 241.0' PUMP ON 1' 6' 1 e J r —III �I 236.0` SUMP BOTTOM TYPICAL SUMP DETAIL NOT TO SCALE SUCTION LINE FROM PUMP FLOW CHAIN 1 ROPE 3- i BASKET STRAINER SECTION A -A NOT TO SCALE CLASS "B" RIP RAP 18" BEDDING THICKNESS LEGEND EXISTING CONTOUR / UPDATED EXISTING CONTOUR PROPOSED CONTOUR + SPOT ELEVATION M1 EXISTING STRUCTION PLAN VIEW EN SECTION THROUGH WEIR EPDM POND 60 mil 6" THICK STONE LINER d50 = 2" TOE ANCHOR EMERGENCY SPILLWAY DETAIL NOT TO SCALE II 246 f 240 i i 235 230 225 TOP OF BERM: 245.0 V FREEBOARD 3' FLOW DEPTH CREST OF WEIR: 243.50 TOE OF BERM. 240.0 DATE: 11-21-07 I v Z W 09 Z . a W a Z a � � �- Z - �a 0 W a DESIGNED: ARK DRAWN: DJ CHECKED: ARK DATE: NOV-07 REGION: MIDEAST LOCATION: CRAB_EARTH_BERM.DWG DWG FILE: SCALE: HORIZONTAL: 1'=2a VERTICAL: 1 •=20' SHEET NO.: 7 OF: r ' 1 p., . J r 1,; i ; r♦,a n �. Y..d, i.}.,... .,4 { y,' .1 t � 1' r': + > �d In .1..4�! •,a�114� l4 ir.y, ...s. . } t _I *r I 1 i'I �:. 1 /- C-Y r •I 1•f' i t � 'S 'i i!l.. ��1•Y.Nr!'1 IJ!!1 I>4 !S`IM'! 1- f'tl hl'1 ��-., � t_ ... ... _— i�i.iL�_ ._,_..�.�L. .. ._. � _.- -... �� -_ '--Ls. _.--'_+. __.._� _ ..—�L'.._v_�i s_:1'11'_��s '.. °�7_i;�•r INEW PUMP LOCATION (AND BACK_ UP PUMP) 3500 GPM CAPACITY E 1� EXISTING BASIN rwUMP LOCATION NEW DISCHARGE PIPE (TO PIT) DISCHARGE PIPE (TO PIT) :EXISTING PUMP LOCATION (3500 CPM CAPACITY) NOTE: BASE TOPOGRAPHIC INFORMATION AND MAPPING PROVIDED BT CONTINENTAL AERIAL SURVEY; DATED AUG. 03. SPOT SHOT ELEVATIONS OF AS -BUILT CONDITIONS PROVIDED BY GROUND SURVEY; DATED OCT. 07. EXISTING PLANT AREA 80 0lw �\ i 239.0 ELEV ENCY SPELL O .-I...�.-.- + .. ONj dytOrH 'Lf5 ,. SECTION v.p� :..:_.:. O� + SEE DETAIL . ......... .............................. ....1 .. .-.- �. ti - .... - �-::::::::::. h� EPDM MEMBRANE y': LINER.r;...... SEE DETAIL . ti O........... AREA TO BE STABILIZED BY _ �, `.�- �' `�'�� �- ..- ::::�r°.:............ SEEDING AND G C SEEDING MIX.; NBTREE CREE � • r W ��� _ .4 .� y W K SLOPE STABILIZATION SEEDING SCHEDULE MAR. 1 - JUN. 1 SERICEA LESPEDEZA (SCARIFIED) 50 LBS/ACRE (MAR. 1 - APR. 15) ADD TALL FESCUE 120 LBSIACRE (MAR. 1 - JUN. 30) OR ADD WEEPING LOVERGRASS 10 LBSIACRE (MAR. 1 - JUN. 30) OR ADD HULLED COMMON BERMUDAGRASS 25 LBSIACRE JUN. 1 - SEP. 1 *** TALL FESCUE AND 120 LBSIACRE *** BROWNTOP MILLET 35 LBSIACRE *** OR SORGHUM - SUDAN HYBRIDS 30 LBSIACRE SEP. 1 - MAR. 1 SERICEA LESPEDEZA (UNHULLED - UNSCARIFIED) 70 LBSIACRE AND TALL FESCUE 120 LBSIACRE NOV. 1 - MAR. 1 ADD ABRUZZI RYE 25 LBSIACRE CONSULT CONSERVATION ENGINEER OR SOIL CONSERVATION SERVICE FOR ADDITIONAL IN- FORMATION CONCERNING OTHER ALTERNATIVES FOR VEGETATION OF DENUDED AREAS. THE ABOVE VEGETATION RATES ARE THOSE WHICH DO WELL UNDER LOCAL CONDITIONS, OTHER SEEDING RATE COMBINATIONS ARE POSSIBLE. *** TEMPORARY -- RESEED ACCORDING TO OPTIMUM SEASON FOR DESIRED PERMANENT VEGETATION. DO NOT ALLOW TEMPORARY COVER TO GROW OVER 12" IN HEIGHT BEFORE MOWING,OTHERWISE FESCUE MAY BE SHADED OUT. PLA IEW GRAPHIC SC 40 20 10 0 10 20 REINFORCED TOP WIDTH EPDM POND LINER 45 mil 3.5 +1- +1- 1.5 1 6" THICK STONE LINER d5o = 2" _ _-1 11-EARTHEN BERM:1 —I I —(CLAYEY MATERIAL)— �I I I-1 � l=1 I ICI I I-1 I I-1 I I-1 11=1 11=1 I I-1 I I-1 1' COMPACTED FILL 1. TOE ANCHOR EPDM LINER INSTALLATION DETAIL NOT TO SCALE 245 240 235 230 225 011 FLOAT CONTROL SWITCH 243.5' EMERGENCY OFF 241.0'PUMP ONIOFF REVISION DATE DRAWN: CHECKED: NOTE: M4108 DJ ARK ADDRESSED COMMENTS FROM THE STATE , SUCTION LINE FROM PUMP - FLOW 1' J 1' CHAIN 1 ROPE 6- 236.0' SUMP BOTTOM BASKET STRAINER 4" TYPICAL SUMP DETAIL NOT TO SCALD - - MAX. W.S. EL. = 242.-__.._ 245 (25 YRS STORM EVENT) 240 2 235 BOTTOM PROPOSED GRAPE WIDTH 230 225 SECTION A -A NOT TO SCALE 11 CLASS "B" RIP RA(' 18" BEDDING THICKNESS �LEGEND EXISTING CONTOUR UPDATED EXISTING CONTOUR I PROPOSED CONTOUR +� SPOT ELEVATION EXISTING STRUCTURE PLAN VIEW SECTION THROUGH WEIR EPDM POND 60 mil 6" THICK STONE LINER d50 = 2" TOE ANCHOR EMERGENCY SPILLWAY DETAIL NOT TO SCALE TOP OF BERM: 245.0 V FREEBOARD 3' FLOW DEPTH CREST OF WEIR: 243.50 TOE OF BERM: 24o.o 64 R ol t9 a Z0 Z W F m V t9 'J q F W p Q cc a m Z O P Z W F W 0 DESIGNED: ARK DRAWN: DJ CHECKED: ARK DATE: NOV-07 REGION: MIDEAST LOCATION: - CRAB _EARTH-BERM.DWG DWG FILE: SCALE: HORIZONTAL: 1-=20' VERTICAL: 1 "=20' SHEET NO.: 1 oF: - •'_ s �il�� � l r'i �. l �l �. (. .f '.' i �h 1' ��1 ' �I s< < �' 1� ° }',�'.11 i� +.14 r��tlfl S I - v- r r{ i •u' I i tvl r' � 1 t 4 J 1 i1 1 • i �!♦ ,"-t? i�f ii1i F�' • - '� I'1 , �. � ��•� i 1 ...4-. i..l:�:. .�...... .. ... .. t. ... i... .. .. ... .. - !•i - i.. ... 1 s... nVJ �,.1at,l k.y i .�.'��,,... i.rlt..•.v i. ,"�0.�1,.:i �I 1..� L y 1 1 i Ir , +'7 Y!l 1'. 7 - i ' i' -r 6 + ! ;+`� ' . r • ;. •,. -p ;.• -_?` /�-xi-_''a-a-�r�_i ♦.1.. i�.�._. ___ 1�.__.�.—_. --. _ _1�-_ _ � _�. .... ...i.__.lL�ii�L'1.1_`_._'_�_�..--I _1...�111 _.a�����. , \ I , 1 1 i i ; ! I r` — , REVISION DATE DRAWN: CHECKED: NOTE: 2104108 DJ ARK ADDRESSED COMMENTS FROM THE STATE 1 i `ice y 'SITE ENTRAN/ - L _ f, r I i� l-J I I! Q n+ r � r �/� � / i / /� %� �/� —� -� % /� rlij ;7l�il! I �� i1, _ /�1✓ f J/ � 3 '1 •L l / �i a 20 v I \ \ 1 N { sl i ePo j 260 1. 11 11 ri } ±Ell�ij f r If I I /� 20 EXISTING MINING ARB 1 380 op ' La / �' � � � I / l ��--� � -t A ���`- f=A. ` � i� � � , I � l l ♦t � `ti,�___ � --.._ J I .li. _ 'I - _ � � /; jtT,1 i 1760 7.00 �� 61) r 1A440 l�l�il40 210 Oo 20 eo co }I �Ii�✓ II r�11 '/�// �j rr —_ r ?� r \ � � 'j I � � r ! r rr / I i i Soo DIV RSION !I f 350 �,�= �`� ,' 'O ��� � � +/�/) ` � i ! , /i � �i it r r � `� 1`. \ \\ � \ \\ .� \ \ ♦ .�... � - � / �L oo EXIS a4O 100 50 0 I r 1jJ� • r I l % //,tea _ A\� �� _ � � .v � v _'`,� I ! v W Q m� G1 K mmp CLgo M O p m � rn a lu to IL m 1C in J d = m F IL 0 0 V F- Z IJJ ILU U J 7 LU Z MEN ■■■ ■■■ WWTI" DATE: 11-21-07 0 Z ul cc Z a a o Z W W Ix a a � m LU Z a o a N Z a DESIGNED: ARK DRAWN: DJ CHECKED: ARK DATE: NOV-07 REGION: MIDEAST LOCATION: RAB_PLANT_DRAI NAGS. DWG DWG FILE: SCALE: HORIZONTAL: 1"=100' SHEET NO.: 2 OF: �� i' i !•i,S -r i- __ - t' .l t� � •fir 1 �} T�-� T l.T-_- 1- ! 5' �ts h�� _. _.. _ I .� e 1 h 7 ' I '� i , �I r t '� 1 ti, :1: �'�i�tSf r •1, I :� ,{ ----`---r-.tr L3-s_'!.�.. MAR. 1 - JUN. 1 (MAR. 1 - APR. 15) (MAR. 1 - JUN. 30) (MAR. 1 - JUN. 30) JUN. 1 - SEP. 1 SEP. 1 - MAR. 1 NOV. 1 - MAR. 1 SLOPE STABILIZATION SEEDING SCHEDULE SERICEA LESPEDEZA (SCARIFIED) 50 LBSIACRE 8c ADD TALL FESCUE 120 LBSIACRE OR ADD WEEPING LOVERGRASS 10 LBSIACRE OR ADD HULLED COMMON BERMUDAGRASS 25 LBSIACRE *** TALL FESCUE AND 120 LBSIACRE *** BROWNTOP MILLET 35 LBSIACRE *** OR SORGHUM - SUDAN HYBRIDS 30 LBSIACRE SERICEA LESPEDEZA (UNHULLED - UNSCARIFIED) 70 LBSIACRE AND TALL FESCUE 120 LBSIACRE ADD ABRUZZI RYE 25 LBSIACRE CONSULT CONSERVATION ENGINEER OR SOIL CONSERVATION SERVICE FOR ADDITIONAL IN- FORMATION CONCERNING OTHER ALTERNATIVES FOR VEGETATION OF DENUDED AREAS. THE ABOVE VEGETATION RATES ARE THOSE WHICH DO WELL UNDER LOCAL CONDITIONS, OTHER SEEDING RATE COMBINATIONS ARE POSSIBLE. *** TEMPORARY -- RESEED ACCORDING TO OPTIMUM SEASON FOR DESIRED PERMANENT VEGETATION. DO NOT ALLOW TEMPORARY COVER TO GROW OVER 12" IN HEIGHT BEFORE MOWING,OTHERWISE FESCUE MAY BE SHADED OUT. +1- 1.5 1F TOP WIDTH 5` �-- (CLAYEY MA' 3.5 +!- 1 REINFORCED EPDM POND LINER 45 mil 6" THICK STONE LINER d50 = 2" I COMPACTED TOE ANCHOR EPDM LINER INSTALLATION DETAIL NOT TO SCALE FLOAT CONTROL SWITCH 243.5' EMERGENCY OFF 241 A'PUMP ON/OFF 1' 1' �I 236.0' SUMP BOTTOM 4,. L TYPICAL SUMP DETAIL NOT TO SCALE i SUCTION LINE FROM PUMP FLOW CHAIN I ROPE r I� BASKET STRAINER REVISION DATE DRAWN: CHECKED: NOTE: 2104/08 DJ ARK ADDRESSED COMMENTS FROM THE STATE —+—MAX. W.S. EL. = 242.7+—- 245 (25 YRS STORM EVENT) - ------ - -- 240 2 235 BOTTOM I ;PROPOSED GRADE WIDTH --- - - - - i 230 i � I 225 SECTION A -A NOT TO SCALE CLASS "B- RIP RAP 18" BEDDING THICKNESS (LEGEND EXISTING CONTOUR UPDATED EXISTING CONTOUR PROPOSED CONTOUR +' e' SPOT ELEVATION EXISTING STRUCTURE PLAN VIEW SECTION THROUGH WEIR EPDM POND 60 mil 6" THICK STONE LINER d50 = 2" TOE ANCHOR EMERGENCY SPILLWAY DETAIL NOT TO SCALE TOP OF BERM: 245.0 iJi �:7 � �-T•7_1:T: lily 11617I .7 =1 ;1T:1 CREST OF WEIR: 243.50 TOE OF BERM: 240.0 v C tl° a woo T � a0 er 0 U. w �2 0 V Z LLJ c L)10 m Lu Z ■■■ OEM SEE e`}\\}}}l4Ylrf llpAlJifll lj w Q' 2064 �N R °v fir IDATE: 11-21-07 I DESIGNED: ARK DRAWN_ DJ CHECKED: ARK DATE: NOV-07 REGION: MIDEAST LOCATION: - CRAB_EARTH_BERM.DWG DWG FILE: SCALE: HORIZONTAL. 1'=20' VERTICAL: 1'=20' SHEET NO.: pF: ' .,'rilt•.'e;'�i_ Gr �, i F� i i -r.-,r % hi'. S r '�. •i.i. S. ' �=1�' r SIr Y 11 � � 1 1 rr 1 i � 1 ! :5 5 A � �.• fVN F\ X If J, x j 1 1 IF �jl Z- 2 6 h, / ! , 1, 7-- A-1 X �2 i! h iI lf! Ull P! 1 1 Ill, fill \ +lI /1rli�f � III � I�IIi �I���I �� \ 'r ------------ *>0 Q20 7D ry O IMP REVISION DATE DRAWN: CHECKED: NOTE: 2104108 Di ARK ADDRESSED COMMENTS FROM THE STATE --zz� -z X ;SITE ENTRANct f, z if/ Sao --0 \j 0 sac r EXISTING MINING AREA Z� L A. 0A \ ' v,v , �;,� , �, III r r � `v �. �\ v '� s .� � �j 10 4 1, OF 40 210 11 y IX 80 (f 420 l 1 7- \\ / // / !'lf � Ir ,� � III IV,�\ I r rl � \ ` � f / Irr 1, f i'� 1_ T" i r ���f Cl' / � i ` �� � +fi!? r! 1+' , � L,I � rr l'I - `� - �,/ �\ \ T !II ! I 'I I r' { 1, Soo &P. Y 20 v 360 Rao A 2 64 DATE: 11-21-07 u z d z I- W 12 Z w Cy W LL, 6 Z 3F 0 W W 0) 0 Z N q,�J/4p N EXI 340 II,IA z z z X, \ \ 'I' ill 'f :,1' i, A / i_� / ;,r';- \Lb DESIGNED: ARK / \ t��\ li c \\ \ .`\ \\ \ \ e� \ ',<;\ i DRAWN: DJ x V11 CHECKED: ARK DATE: NOV-07 1 �ti� \ `\ \ \ \ \�\\ _ - `\ �.�\ _-�. \ \ \ \ -\ i G REGION: MIDEAST LOCATION: RAB—PLANT—DRAINAGE.DWG > DWG FILE: \% 1uu 5 0 X\ SCALE: ty HORIZONTAL: SHEET NO.: 2 OF: T