NCG020298_COMPLETE FILE - HISTORICAL_20040213

STORMWATER DIVISION CODING -SHEET.
RESCISSIONS.
PERMIT NO.
� G � o a c)a 9 �
DOC TYPE
`0'-OMPLETE FILE -HISTORICAL
DATE OF
RESCISSION
❑ ��J z 3
YYYYMMDD

MSLAURA HEARNE
LEE'S BRANCH SAND MINE
PO BOX 1408
NEW BERN NC 28563
Subject
Dear Ms. Hearne:
.�1�chsrl I�. i;aae}. (iuvenic,r
William (1. ku", tr., scwerary
North Carolina Dclsaro-ment of Encimnment and N.ilvrcl kei,Ktrces
February 13, 2004
Rescission of NPDES General Permit
Permit Number NCG020298
Lee's Branch Sand Mine
Craven County
Alats W. Klimek. P, 1. Director
Divi•wu of Wale: Quality
Coleen H. Sullinr. Deputy Director
I hvi,ion o Wmor (Duality
FRECEIVE�
FEB 2 0 2004
D Q`FI ARO
Reference is made to your recent request for rescission of the subject NPDES General Permit. In a letter
dated February 10, 2004 from Pat Pittman of Emanuel & Dunn Attorneys at Law, Ms. Pittman stated the
facility is no longer in operation. In accordance with your request, NPDES Generai Permit NCG020298 is
rescinded, effective immediately.
Please be advised that this permit rescission is based wholly upon your statement that the activities which
would require general permit coverage at the site have ceased or been eliminated. Division staff has not
visited the site to obtain independent verification. Operating a treatment facility, discharging wastewater
or discharging specific types of storniwater to waters of the State without a valid NPDES permit will
subject the responsible party to a civil penalty of up to $25,000 per day. Enforcement action will be
certain for persons that have voluntarily relinquished permit coverage when, in fact, continuing permit
coverage was necessary. If, in retrospect, you feel the site still requires permit coverage, you should notify
this office immediately. Furthermore, if in the future you wish to again discharge to the State's surface
waters, you must first apply for and receive a new NPDES permit.
If the facility is in the process of being sold, you will be performing a public service if you would inform
the new or prospective owners of their potential need for NPDES perniit coverage.
If you have questions about this matter, please contact Karen Rust at [phone], extension 361 or
the Water Quality staff in our Washington Regional Office at [phone].
Sincerely;
YKc"
To f Alan W. Klimek, P.E.
cc: rWashington-Regiona].Office- w/att:acftients
Stormwater & General Permits Unit
Print Source Compliance - w/attachments
Central Files - w/attachments
Fran McPherson, DWQ Budget Office +ik■:A
N. C. Division of Watct Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone] Customer Service
1-977-623-6749

Emanuel & Dunn
i
A T T O R N E Y S A T L A W
February 10, 2004
Ms. Frances McPherson
DWQ Budget Office
NC Department of Environment
and Natural Resources
Division of Water Quality
1617 Mail Service Center
RaleiLoh, North Carolina 27699-1617
RAYMOND E. DUNN. JR.
STEPHEN A DUNN
ANNE DUNCAN EOWARDS
RCBERTL EMA N U E L
JOANNE K PAR31N
PAT LEIGH PITTMAN
J. L. EMANUEL 11694 19681
ELWCOD M. ❑UNN. JR. 11918-1957)
RAYMOND E, DUNN (1922.20051
Email: ��?iuln,tnCn�cmanuchnddilnn.cnm
Telephone E\ECI3SIUT1: 220
In Re: Lees Branch Sand Mine
c/o Ms. Laura W. Hearne. ExeCutr]\ of the Estate of Louey M. Hearne
Permit Number:NCG02029S
Invoice Date: January 14. 2004
Our File Number: 2001250
Dear Nis. McPherson:
As per your conversation with our office, the above -referenced mine has been reclaimed with no
further minin2T to be performed now or in the fu[LE3'e. We have enclosed a copy of
cot7respondence received from Mr. Francis M. Nevils, Jr., with the Land Quality Section of the
NC Division of Land Resources. stating that an inspection of the mine was made on October S.
2003.
We assume that no further action need be taken at this time and that the aforereferenced invoice
is not necessary.
If you need any further information, please contact our office. Thank you for your time and
attention in this matter.
With warmest regards,
EMANUEL & DUN`�N
4
I
Pat Leigh Pittman
PLP:,jph
Enclosure
130 SOUTH SAL1521J41 ST. Rat EIGN NC 27601 P,0 BOX 426. RALEIGH. NO 27602 • 919-632-03291it 919,832-67311FI
UAe3230 COUNTRY CLUB PO NEW RE RN NC 28562 ' n 0 DRAWER 1389. NEW KERN, NC 2?563 1255-633-3800111 252.633-66691f]
`\\\\� A PROr LSS ION At L1IAIT ED LIABI L 17Y COM PANT

RCDENR-
North Carolina Department of Environment and Natural Res
Division of Land Resources
James D. Simons, P.G., P.E. Land Quality Section
Director and State Geologist
'November 5, 2003
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Laura W. Hearne
Executor of the Estate of Louey M. Hearne
3419 Old Airport Road
New Bern, North Carolina 28560
Re: Lee's Branch Sand Mine
Permit No. 2542
Craven County
Neuse River Basin
Dear Ms. Hearne:
��c�ov
0
N�_ 2003 D
Michael F. Easley, Governor
William G. Ross Jr., Secretary
An inspection was made of the above mine on October 8, 2003 in accordance with G.S.
74-56 of the Mining Act of 1971.
The mine was found to be satisfactorily reclaimed. Therefore, Louey M. Hearne is
released from further reclamation responsibility for this site with respect to the Mining Act of
1971. 1 am returning the irrevocable Standby Letter of Credit issued by Centura Bank in the
sum of $14,000.00 to you for your disposal.
Thank you for your cooperation in this matter.
Sincerely,
Francis M. Nevils, Jr., PE
Section Chief
Land Quality Section
FMNlfrw
Enclosures
CC' Mr. Pat McClain, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau
Mr. Bradley Bennett — DWQ
Dunn and Dunn — P.O. Drawer1389, New Bern, NC 28563
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

AUG-11-1995 12:11 FROM DEM WATER QUALITY SECTION TO
WARO P.02/04
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Direutor
June 9, 1995
Loney M Hearne
Lee'S Branch Sand Mine
Old Airport Rd
Newl3ern, NC 28M
A14
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IDEHNR
Subject General Permit No. NCGO20OW
Lee'S Branch Sand Mine
COC NCGO20298
Craven County
Dear Leuey M Hearne :
In accordance with your application for discharge permit received on April 13,1995, we are forwarding
herewith the subject certificate of coverage to discharge under the subject state - NPDES general. permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the
Memorandum of Agreement between Noi th Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage &half be final and binding.
Please tape 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 neissuance of the certificam 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 goner ra nental permit that may be required.
If you have any question concerning this permit, phase contact MR. STEVE ULMER at telephone
number 919n33-5083.
, . otiginat Signed. BY
Sincerely, coleen R saprns
A. Preston Howard, Jr. P.E.
cc: Washington Regional Office
P.O. Ba 29M. Raleigh. North Carcrfma 2762(MM5 Tekgftne 919-733-7ar s FAX [phone]
An Equal Opportunily Affirmative Action Empleyer 50% mcyc1mY 10% post-owsumer papor

AUG-11-1995 12:11 FROM DEN UPTER QUALITY SECTION TO WARO P.e3i94
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E
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVI RONMUNT, HEALTH, AND NATURAL RESOURCES
DIVISION OF OWMONMENrAL MANAGENMq T
STORMWAI'ER, MINE DEWATERM, AND/OR OVEF.FWW FROM
PROCESS WATER RECYCLE SYSTEMS DISCHARGES
NAMNAL POLLLITANT—DREMRGE ELIMMAMN SYSTEM
In cn mpliawtoe with thn p mvision of North C malma General Statute 143-215.1, other lawful stodards and
regulatiglt8 promulgated and adopted by me North Cwolbw rinvimumss W Management Commissium and the
FedoW Water Pollntion Cwtnol Act, as ammd14
I.ee$ Brand Saud Mine
is hereby authdri to operate or coat me oho® of a mWmmt ti W for mine dewatcft attd/or recycle
Sysn= FIOO= wastewater overflow with the diwlmm of tn:aled waStCWaW and diW1WV 60MMW fMM 8
fac W kK&dat
Old AicpW Read
SR 1111
New Bein
Cowan County
b mcdvi% watm designated as an unnamed tribut9ty. 10 Brice Creek in ft Nease River Basin
in accordance with tho eftlwwt 1=tations, munitortng rcq euts, and other ooaditiotns set forth in Parts I, IL III
and W of GeaeW Permit No. NCGO20000 as attached.
This Cecrificate of Coverage shall become effective low 9,1995.
This C.er ism of Coverage shall remain in effect for the duration of the Genera! Permit.
Signed this day lace 9,1995.
raj tai Signed al
A. Prtaton Howard, Jr, P.E., I>`rr+ec W
Di,Asioft of Favitonmental NWI&gement
By Andmrity of the EnvfrontYtertpi Management Commission

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State of North Carolina
Department of Environment
and Natural Resources
DNAsion of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
December 17, 1999
LOUEY M HEARNE
LEE'S BRANCH SAND MINE
PO BOX 1408
NEW BERN, NC 28563
Subject
Dear Permittee:
Reissue - NPDES Stormwa
Lee's Branch Sand Mine
COC Number NCG020298
Craven County
e��
NCDENR
(NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTI ^AND NAtURAI-ReSDURCES-- -'�
DEC 15 1999
IVASNIN'GTO,N REGIOr,'AL OFFICE
'Prmit 045Q
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 [phone], ext. 584
Sincerely,
for Kerr T. Stevens
Director, Division of Water Quality
cc: Central Files
Washington Regional Office
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020298
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,
LEE'S BRANCH SAND MINE
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
LEE'S BRANCH SAND MINE
OLD AIRPORT RD
NEW BERN
CRAVEN COUNTY
to receiving waters designated as Lee's Branch in the Neuse River Basin in accordance with the effluent limitations,
monitoring requirements, and other conditions set forth in Parts I, 11, I11, 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

. . 12-7-
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Louey M Hearne
Lee'S Branch Sand Mine
Old Airport Rd
NewBern, NC 28560
Dear Louey M Hearne
ECE
WASHING ON OFFICE
Iune 9,1995 JUN 13 1995
B. Ix. M.
Subject: General Permit No. NCG020000
Lee'S Branch Sand Mine
COC NCG020298
Craven County
In accordance with your application for discharge permit received on April 13, 1995, we are forwarding
herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the
Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated
December 6, 1983.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, this certificate of coverage shall be final and binding.
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 question concerning this permit, please contact MR. SIEVE ULMER at telephone
number 919/733-5083. ����.} ,;�nc� •.,
Sincerely,
Kcc: I �gtort Regional -Office
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
A. Preston Howard, Jr. P.E.
Telephone [phone] FAX [phone]
50% recycled/ 10% post -consumer paper

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
ENERAL PERMIT NQ, NCG020000
CERTIFICATE OF CQVERAGE NO, NCG020298
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 Environmertal Management Commission, and the
Federal Water Pollution Control Act, as amended,
Lee's Branch Sand Mine
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
Old Airport Road
SR 1111
New Bern
Craven County
to receiving waters designated as an unnamed tributary to Brice Creek in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, 11I
and IV of General Permit No. NCGO20000 as attached.
This Certificate of Coverage shall become effective June 9, 1995.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day June 9, 1995.
A. Preston Howard, Jr., P.E., Director
Division of Environmental Management
By Authority of the Environmental Management Commission

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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NOTICE OF INTENT REQUESTING COVERAGE UNDER THE
MINING ACTIVITIES GENERAL NPDES PERMIT N�G020000 -- --
RECEIVED
WASHINGTON OFFICE
Complete this Notice of Intent (NOI) and mail to the following address MAY 0 9 1995
North Carolina Division of Environmental Management D. E M.
Water Quality Section, NPDES Group,
P.O. Box 29535 _...._..-- -.._..
Raleigh, North Carolina. 27626.0535
The N01 must be accompanied with a general permit filing tee of $400.00. The check should be
made out to the North Carolina Department of Environment, Health, and Natural Resources.
Filciiily
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NOTICE OF INTENT REQUESTING COVERAGE UNDER THE
MINING ACTIVITIES GENERAL NPDES PERMIT N�G020000 -- --
RECEIVED
WASHINGTON OFFICE
Complete this Notice of Intent (NOI) and mail to the following address MAY 0 9 1995
North Carolina Division of Environmental Management D. E M.
Water Quality Section, NPDES Group,
P.O. Box 29535 _...._..-- -.._..
Raleigh, North Carolina. 27626.0535
The N01 must be accompanied with a general permit filing tee of $400.00. The check should be
made out to the North Carolina Department of Environment, Health, and Natural Resources.
Filciiily
Owner/Operator
Information:
Sand Mine/Louey
M. Hearne (owner)
Name:
Lee's b4*c3
Address:
„_Old Airport
Road Sit _
, New Bern, N. C. 28560
City:
New Bern,
State:
North
Carolina
Zip:
28560
Phone:( 919
1 637
4590/637 2784/637 2139
Name: Lee'sAa" Sand Mine ( I Mi. South of Intersection of West Thurman
- — �—lzsaaanM Oizi-ift
Address: 01d Airport Road (SR }
N C 28560
IVRYKXK4 New Bern state. Zip:
Cpun�aven Phoha L 919 1 637 4590/637 2184/637 2139
_-
c.:
rPhysical Location Information:
(Street address, stale road number, distance and direction from roadway Intersection, jMd
G`atlach a copy of a county map or USGS quad with the location of the facility marked on the map.)
r one mite South of intersection of West Thurman Road and Old Airport
road, Craven County, N. U.
[Agency use only: Latitude Longitude 1
>NOI 02 PAGE l

-vnined at this facility:
and
�•— Standard Industrial Classification (SIC CODE): (for activity for which the facility Is
primarily engaged)
This is an _ existing facility or a _U}proposed facility.
If proposed, date operation Is to begin . TmmPrliatPly
Discharges are to Head drains of Lee's Branch, Craven County, N. C.
(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? _yes axno If yes, NPDES No.
S. Are vehicle maintenance activities occurring on site? yes Mho
C. Are mine dewatering discharges occurring? M"s _no
D. Are discharges of overflows from process wastewater treatment systems occurring? _yesXXho
If yes, complete the following on the wastewater treatment system:
1. Please describe the type of process used to treat ar>dlor recycle the process
wastewater. Give design speclfics (i.e. design volume, retention time, surface area,
etc.). Existing treatment facilities should be described in detail and design criteria or
operational data should be provided (including calculations) to ensure that the facility
can comply with requirements of the General Permit.
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 2H .0138. If construction of
wastewater treatment facilities applies to the discharge of process wastewater,
include three sets of plans and specifications with this application.
2. Does this facility employ chemical additives to flocculate suspended solids? _yes xxtti
If yes, please state the name, manufacturer and the quantity of average daily usage of
the chemical additive.
3. Does this facility overflow only during rainfall events exceeding the 10-year, 24-hour
rainfall event? _yes XXAo
E. Does this facility employ any best management practices for stormwater controlyes _no
If yes, please describe Present ditching system will manage stormwater
runoff.
NOI 02 PAGE 2

F. Number of discharge points
Mine Dewatering __L_, Stormwater I ;
Process Wastewater Overflows NIA;
Please provide short narrative description of discharges Runoff from tailing pond will
enter into resent ditches with three 3) check dams constructe in accordance
with practice standards specifications, 6.83, 6.93.1, 6. 3.2 and-6. ,
II hereby request coverage under the referenced General Permit. I understand that coverage
under this permit will constitute the permit requirements for the discharge(s) and is
enforceable in the same manner as an Individual permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. 1 agree to abide by the approved tl+tining 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.
S. I 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
knowiAdge and belief such information Is true, complete, and accurate.
signature Loey M. Hearne
Louey Michael Hearne
rwme of person signing above (printed or typed)
Nov. 20, 1994
date
1L113414
North Carolina General Statute 143-215.5E (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 Managemeni 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 mainta;ned 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.)
NDI 02 PAGE 3

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