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Number NCG020639 is rescinded effective immediately.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
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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 � ���: _
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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'
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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
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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.
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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
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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.
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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
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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.
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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