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HomeMy WebLinkAboutNCG020341_COMPLETE FILE - HISTORICAL_20110208STORMWATER DIVISION CODING SHEET RESCISSIONS . PERMIT NO. I " DOC TYPE L�COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ YYYYMMDD A NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Coleen H. Sullins Director Febraury 8, 2011 Jimmie Rogers Rogers Nursery & Landscaping - Rogers Nursery & Landscaping PO Box 1667 Washington, NC 27889 Dear Permittee: .Dee Freeman Secretary FEB 10 ��ati Subject: Rescission of NPDES Stormwater Permit Certificate of Coverage Number NCG020639 Rogers Nursery & Landscaping - Rogers Nursery & Landscaping Beaufort County On 1011812010, the Division of Water Quality received your request to rescind your coverage under Certificate of Coverage Number NCG020639, In accordance with your request, Certificate of Coverage Number NCG020639 is rescinded effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater to waters of the State without valid coverage under an NPDES permit will subject the responsible party to a civil penalty of up to $25,000 per day. It is the intention of DWQ that enforcement proceedings will occur 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 infonn the new or prospective owners of their potential need for NPDES permit coverage. If you have questions about this matter, please contact Brian Lowther at (919) 807-6368, or the Water Quality staff in our Washington Regional Office at NPDES SW. Sincerely, .for Coleen H. Sullins, Director cc: Washington Regional Office Stonnwater Permitting Unit DWQ Central Files - w/attachments Fran McPherson, DWQ Budget Office Wetlands and Stormwater Branch ORe 1617 Mail Service Center, Raleigh. North Carolina 27699-1617 North C arol i na Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �n Phone: 91M07-63001 FAX: 919-807-64941 Customer Service! 1-877-623-6748 i77 trrril!!11 interneL www.ncwaterqualiiy.org An Equal Opportunity 1 Af maabve Action Employer April 28, 2006 Mr. Jimmie F. Rogers Rogers Nursery & Landscaping PO Box 1667 Washington, NC 27889 Michael F. Easley, (lovernor William 0. R05S Jr.. secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek. 1'. E. Direclor Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality RECEIVED MAY 0 4 2006 Subject: Rescission•of-NPDES-dDIW rWAR0 P ,e"it,Number.NCG02034.1..� --f ' Rogers`Nursery & Landscaping Beaufort County Dear Mr. Rogers: Reference is made to your recent request for rescission of the subject NPDES General Permit. In your letter received 2/1/2006, you stated that you have ceased mining and pumping water at this location. In accordance with your request, NPDES General Permit NCG020341 is rescinded, effective immediately. Operating a treatment facility, discharging wastewater or discharging specific types of stormwater 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 permit coverage. If you have questions about this matter, please contact Sarah Young at (919) 733-5083 x 502, or the Water Quality staff in our Washington Regional Office at 252-946-6481. Sincerely, 4 P—If:� Alan W. Klimek, P.E. cc: Washington Regional Office w/attachments Stormwater & General Permits Unit Central Files - w/attachments Fran McPherson, DWQ Budget Office N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 war 0' EMR Customer service 1.877-623.6748 Jimmie F Rogers Rogers Nursery & Landscaping PO Box 1667 Washington, NC 27889 Dear Permittee: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of linvironment and Natural Resources Alan W. Klimek, P.F. Difector Division of Water Quality February 7, 2005 RECEIVED", FEB 2 1 2005 Subject: NPDES Stormwater Permit Coverage Renewal Rogers Nursery & Landscaping COC Number NCG020341 Beaufort 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. 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 Ken Pickle of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.584. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Washington Regional Office Qne NorthCarolina Aahmilly North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50% Recycledl10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NGG020000 CERTIFICATE OF COVERAGE No. NCG020341 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, Rogers Nursery & Landscaping 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 Rogers Nursery & Landscaping 762 Whootentown Rd Washington Beaufort County to receiving waters designated as Snode Creek, a class C;NSW stream in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, III, 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 STORIVIWATER DISCHARGE OUTFALL (SDO) MONITORING REPORT GENERAL PERMIT NO. NCGO20000 CERTIFICATE OF COVERAGE NO. NCG02. FACILITY NAME PERSON CQLLECTING SAMPLES) SAMPLES COLLECTED DURING CAL NDAR YEAR: (all samples collected during a calendar year, shall be reported no later than January 31 or the following year) C UNE �u.�a,er T3" qzlzq CERTIFIED LABORATORY(S) Edy i R n, ab #J!E _ Lab # (SIG RE OF PMMMEE OR DESIGNEE) By t is signature, I certify.that this report is accurate and complete to the best of my knowledge Part A: Specific Monitoring Requirements ill i N�,,a =Dat �S�atnple i5()(15q;, Og545 ,Oof116 tlgo545 '00054SM 0NWBM - otal! OH Settleaiilc • � t=bidi o ".C' � pen ed Itlto ageblliis �iho�dd/ rM rm ul Does this facility perform Vehicle Maintenance Activities using more than 55 gallons of new motor oil per month? _ yes /no (if yes, complete Part B) Part B: Vehicle Maintenance Activitv Monitoring Iteauirements fir' `• '�s)7. .r..t.t •' *i � y � ���: _ q -"�' STORM EVENT CHARACTERISTICS: Total Event Precipitation (inches): Event Duration (hours): (if more than, one storm event was sampled) Total Event Precipitation (inches): Event Duration (hours): ,ate' LQ �. Lo t� • 1 Mail- riginal and one copy to: Attn: Central Files Division of Environmental Mgt. DEHNR P.Q. Box 29535 Raleigh, NC 27626-0535 � � L Form MR02 I For facilities not using or storing cyanide, the facility may make certification to the effect that cyanide is not used or stored at the facility and thus obtain a waiver of the cyanide sampling requirement. By this signature, I certify that cyanide is not being used or stored at this facility 2 For facilities not using or storing fluoride, the facility may make certification to the effect that fluoride is not used or stored at the facility and thus obtain a waiver of the fluoride sampling requirement. By this signature, I certify that fluorideis not used or stored at this facility 3 Total Toxic Organics sampling is applicable only for those facilities which perform metal finishing operations, manufacture semiconductors, manufacture electronic crystals, or manufacture cathode ray tubes. For purposes of this permit the definition of Total Toxic Organics is that definition contained in the EPA Effluent Guidelines for the facility subject t the requirement to sample (for metal finishing use the definition as found in 40 CFR 433.11; for semiconductor manufacture use the definition as found in 40 CFR 469.12; and for electronic crystal manufacture use the definition as found in 40 CFR 469.22). For facilities that develop a solvent management plan to be incorporated into the stormwater pollution prevention plan may make a request to DEM that monitoring of total toxic organics be waived. The solvent management plan shall include as a minimum lists of the total toxic organic compounds used; the method of disposal used instead of dumping, such as reclamation, contract hauling, or incineration; and the procedures for assuring that toxic organics do not routinely spill or leak into the stormwater. For those facilities allowed such a waiver, the discharger shall sign the the following certification statement: "Based upon my inquiry of the person or persons directly responsible for managing compliance with the permit monitoring requirement for total toxic organics (TTO), I certify that, to the best of my knowledge and belief, no dumping of concentrated toxic organics into the stormwater or areas which are exposed to rainfall or stormwater-runoff alias occurred since filing the last discharge monitoring report. Hurther certify thatthis facility is implementing the -solvent management plan included in the Stormwater Pollution Prevention Plan." Name (;eiease print) L :I ; Title (please print) Signature Date 4 Applies only for facilities at which fueling occurs. 5Detergent monitoring is required only at facilities which conduct vehicle cleaning operations. "I certify, under penalty of law, that this document and all.attachments were prepared under my direction or supervisi*?p,. n' accordance with a system designed to assure that qualified personnel properly gather. and -evaluate the information submitted. Based' on •my' ingdiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information •stibtnitted is, to the best of my knowledge and belief; ti:ue,-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." (Signature of Permittee) (Date) mate of North Carolina Department of Environment and Natural Resources Divi3ion of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director December 17, 1999 JIMMIE ROGERS ROGERS NURSERY & LANDSCAPING - BEAUFORT P.O. BOX 1667 WASHINGTON, NC 27889 Subject Dear Permittee: eW� NCDENR NORTH CAROUNA DEPARTMENT OF ENVIRONMENT AND-NATURAL-REsouRCES --•-_- .�� DEC 15 1999 WASFIINU'TO,V REGIONAL OFFICE Reissue - NPDES Stormwater Permit DWt] Rogers Nursery & Landscaping - Beaufort COC Number NCG020341 Beaufort 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, b _elley ram' for Kerr T. Stevens Director, Division of Water Quality cc: Central Files f Washington.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 i . . STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCGO20000 CERTIFICATE OF COVERAGE No. NCGO20341 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, ROGERS NURSERY & LANDSCAPING 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 ROGERS NURSERY & LANDSCAPING - BEAUFORT 762 WHOOTENTOWN ROAD WASHINGTON BEAUFORT COUNTY to receiving waters designated as Snode Creek in the Tar - Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, 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, ,Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director June 14, 1996 Jimmie Rogers Rogers Nursery & Landscaping P.O. Box 1667 Washington, NC 27889 Aria [D F1 r RECEIVED WASHINGTON OFFICE 'JUN 1 9 1996 Subject: General Permit No. NCG020000 Rogers Nursery & Landscaping COC NCG020341 Beaufort County Dear Jimmie Rogers : In accordance with your application for discharge permit received on April 22, 1996, 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 �..,, _.•_i,.,;, �;�„-? n�_-:����ra r,Fft�a r�riit�r,a,t� nirn�;�rao�, 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 he required. If you have any question concerning this permit, please contact MR. BILL MILLS at telephone number 919/733-5083. 4G{t�^i{G'�� BY Sincerely, �U��-,�, gEhN1~R A. Preston Howard, Jr. P.E. cc:-Washington-Regionid Office i EPA P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper w-% STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE NO. NCG020341 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, Rogers Nursery and Landscaping is hereby authorized to discharge stormwater and mine dewatering from a facility located at Sand Mine 762 Whootentown Road Washington Beaufort County to receiving waters designated as Snode Creek in the Tar - Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, III and IV of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective June 14, 1996, ]'his Certificate of Coverage shall remain in effect for [he duration of the Genera; Permit. Signed this day June 14, 1996. ORlG GAL SIGHED BY BrRADLEY BENN-M A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission .�, ", it ���:�-�._ `' • _- �\� �!. •.i•. C r!•.- �J ��`•' } ,,I' r '�, 7\ �--��,..,f�__ :}11.J J` r .,• `, r' l-e�'� 1 /4' =��r:� \ ✓ f--'� } c`—•; '� 'r 37 0j, 'OAdW, r Come :I ', \ } p; ' "'• 3S r — �, _�_�` `�"•�/��.�� ,Y r' �'..�� ` `� GI !✓� 1. .�Edaf 3rovo• � rr� i S. (. .'1.• '. � ,fir • c_ `�_.`� 11T`di -,r• l f � _ ` 36 •. ``I \`J�r�\ !�'+f�l� �, °��r�^��` � �`IlI2`5 \ '� • _3 '�',-,11 `fir �r '�,.r ''''�'��r�G� � `` 34 i �' �\ — `� , s. ` 1� \ii '�-r` `\'..,` .r '�`\ r/`�`r .p`:' _- ,,• ! _. �'i 'r;'r/ l "e - 1541 \�� `': �/ m `'\1 -�/i r `;\ •' 1 ��' o • ��••',I` r �ry� '�:, `. r,' 1• • • �J--� - • • y�J 32'30' �;�.,��raL�;��•r���-_'_. c. ':., � = 1 = , 'Ho'ohenGmvn_., �. �-,^--__ �`• , _.' :' 15.� Piling :—=+�•�1�—--—'—•�IsjORF04 — — OUTIT��C+N = li 0 ,• � : �i-� �-� .._ - �_.�-�\ '.,— by �.9NM 1�C • '���'� •_� � �-_. / .. — �' ��' _'� r - �,T'�.� • :'`C �t �� `ems '� ' - ��,.�\ ,' 3434 Grandpap i !� \ i \\' Perki/�\` Jr r`` r }•, /. .� • `• \ ;�1' �Li�ht (C1 Grove (Cj�• `�\ �\ �� 1// %' 6 ✓ i' '•,-;/,`,yti., ; ,', >i• , Y Ng,Park , oi�hins PilingRodrlian Pt ' ;�;:`�• �Q,4•�.s.1 —' __ .—'"�`, :3933 �p G Light (C) Ic �Ir Bright {CT' Y' \ \`-, h �� y ;'• `` I ._ _ A. �/ .'`�"_~ _ 1 ; 'J1t � /✓ �'ti "`• . } ice, ;� r-t �,L;s` YD+ �` �J• — , `�' 1. ^ ,' \•�1`�` f r_ •/r .I`I313-�I.! _ •. r.• __ / -1 ♦ / / /. ling .r� Pile �� rr' ♦ / , � .\ j� , r jl of -i ,� " �',• \\.j•\ - •� _ Mimosa Shores �j` `:�.. x it / ��t:'xa,. 41 Lion (C) 'oLight •/ ••:f :.`�, f l,%!Lone (C) — — :;S' ,. �.. r �.� �4 C : 3931NO' .N. fz \•;cam \• Beach z DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Rogers Nursery and Landscaping Inc. Rogers Pit No. 2 Beaufort County - Permit No. 07-36 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: April 16, 2017 page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications March 12_,1999: This permit has been modified to add 12.84 acres to the permitted area and add 11.34 acres to the affected acreage as indicated on the mine map updated January 19, 1999. December 20,_2_001_ This permit has been modified to release 14.33 acres from the affected acreage as indicated on the mine map dated December 2, 1996 and last revised December 13, 2001. March 23 2004: This permit has been modified to increase the affected acreage at this site to 19.84 acres. This modification includes the addition of 14.33 acres within the permit boundary as indicated on the mine map dated December 2, 1996 and last updated January 9, 2004. page 3 Expiration Date This permit shall be effective from the date of its issuance until April 16, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality, B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. page 4 C. Mining activities shall occur as indicated on the mine map dated February 2007 and the supplemental information received by the Land Quality Section on January 28, 2007. 5. All affected area boundaries (20.109 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shalt be constructed or installed when required to prevent such conditions. B. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 20 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts page 5 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to'commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area, 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclarnation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $12,400.00 Assignment of Saving Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By-G.S. 74-53 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 are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. i page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued March 21, 1997 and modified March 12, 1999, December 20, 2001 and March 23, 2004, is hereby renewed this 16th day of April, 2007 pursuant to G.S. 74- 52. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources