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HomeMy WebLinkAboutNCG020463_COMPLETE FILE - HISTORICAL_20160121i�u. 144vL STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V Cc, o U V(a 3 DOC TYPE '� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ jot � l7 l a' YYYYMMDD a ertificate of Coverage Page 1 of 1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020463 STORMWATER AND 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, Fogleman & Fogleman Soils Inc is hereby authorized to discharge stormwater and/or wastewater, as provided in the original Certificate of Coverage (COC), or subsequent COC modification, from a facility located at: Fogleman Landfill & Mine 4005 Intermere Rd Durham Durham County to receiving waters designated as Ellerbe Creek, class WS-IV;NSW,CA water(s) in the Neuse River Basin(s) in accordance with the stormwater pollution management requirements, monitoring and reporting 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 October 1, 2015. This Certificate of Coverage shall remain effective for the duration of the General Permit. Signed this day October 1, 2015. for Tracy E. Davis, P.E., CPM Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission http://portal.ncdenr.org/web/lr/2015-crenewal 1 /21 /2016 .:. Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, January 21, 2016 9:53 AM To: 'Don Misenheimer' Cc: Alexander, Laura Subject: RE: NPDES COC NCG020463 Attachments: NCG020463_Corrected-COC.pdf Hi Don, Sorry for the delay in getting back to you on this. Somehow the outfall location was incorrect in our database for this permit, and therefore connected to the wrong receiving waters. I pulled the file to check it; the records and original COC say this site discharges to an unnamed tributary to Ellerbe Creek in the Neuse River Basin. By the location of the facility's address, this appears to be accurate. Let me know if that's incorrect. I have also changed the database, so if you go to the e-renewal website (http://portal.ncdenr.orp/web/Ir/2015- erenewal) and enter the permit number (NCG020463) and PIN (44312), you will be able to access a revised COC and enter an email address for an email confirmation. I have attached a copy of the COC, so it's not necessary to do that unless you want to follow through those on-line steps for additional record -keeping. We apologize for the mix-up on the receiving waters. Let me know if we can help with anything else. Best regards, Bethany Bethany Georgoulias Environmental Engineer Stormwater Permitting Program, Division of lsnergy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethan . ,,eor oulias ncdenr. ov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: http://portal.ncdenr.org/web/Ir/stormwater —J "Nothing Compares--.,. Kf C- Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Don Misenheimer[mailto:don@smithgardnerinc.com] Sent: Monday, January 18, 2016 9:13 AM To: Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> Subject: NPDES COC NCG020463 Bethany - I hope you are doing well. I wanted to speak with you about the Fogleman& Fogleman NPDES COC that was issued. Linda Fogleman contacted me and her concern is that the COC the Division provided her (attached) has the wrong receiving waters, etc (Newport River, Oak River Basin - should be Neuse River). What is the process for getting this corrected? Thanks Don M. Misenheimer Project Scientist SMITH + GARDNER 14 N. Boylan Avenue Raleigh, NC 27603 P (919) 828.0577 x224 F (919) 828.3899 C (919) 815.4315 On Tue, Jan 27, 2015 at 9:46 AM, Georgoulias, Bethany <beth any. georoulias _,ncdenr.gov> wrote: Ili Linda, We received a request to renew your NCG02 permit from Mr. Don Misenheimer. I am forwarding to you information about the NCG02 General Permit so that you know what to expect this year. It is being extended until June, and then reissued with changes at that time. That's when we will,follow up again. Please see the update to permittees below that we sent out last month. Just let me know if you have any questions. Regards, Bethany Dear Stormwater Permitee: We wanted to update you on the status of the NPDES NCG020000 General Permit for Mining Activities (Stormwater and Wastewater discharges) renewal. We realize that this permit expired on December 31, 2014. However, if you do not have any outstanding annual fees, your facility continues to be covered under the provisions of the current permit without a lapse in coverage. In December, we noticed our intent to re -issue General Permit "NCG02" with no changes effective February 29 2015, and to then revise and reissue a new NCG02 with changes on June 1, 2015. Essentially, we are extending the current permit for a short time period. We provided public notice in the N.C. Register, in newspapers across the state, and on our website. Please see the notice here: - ,a http://portal.ncdenr.org/web/lr/stonnwater/event-calendar What do you need to do next? (1) No further action is required, unless you need to tell us about a change in contact information. Please reply to this e-mail if you are no longer the contact for COC No. NCG020463,. (2) Please ensure all annual fee invoices have been paid. ILina, 1 checked into this for you. All fees are current on your permit, so no need to worry about this}. (3) If you no longer need this permit, please be sure you have sent a rescission request form. (4) Check our website in February for an update on the reissued NCG02 permit. Only the cover page will be different (new effective/expiration dates). We will not send out a new Certificate of Coverage (COC) for this reissuance. We will post the re -issued General Permit on our website. What happens after that? We'll continue to work on proposed revisions for NCG02. After the revised NCG02 permit goes out to public notice for 30 days, we will issue the new NCG02 with changes. At that time, permit contacts will receive an e-mail with renewal instructions and a unique PIN number. You will use this information to access your renewal COC on-line (unless you requested a paper renewal). We anticipate that communication to go out in June 2015. If you have any questions or concerns, please contact us: Ken Pickle, E-mail: ken. pickle a,ncdcnr.gou Telephone: (919) 807-6376, or Bethany Georgoulias, E-mail: betliany.georgoulias e mcdenr.gov Telephone: (919) 807-6372 Bethany Georgoulias, Environmental Engineer NCDENR I DEMLR I Stormwater Permitting 1612 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 Website: http://Aortal,ncdenr.orglweb/Ir/stonnwater E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Don M. Misenheimer Project Scientist SMITH + GARDNER 14 N. Boylan Avenue Raleigh, NC 27603 P (919) 828.0577 x224 F (919) 828,3899 C (919) 815.4315 r: Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Fogleman & Fogleman Soils Inc Attn: James Fogleman 4005 hitermere Rd Durham, NC 27704 December 9, 2015 PAT ,MCCRORY DONAI.D R. VAN DER VAART Subject: NPDI:S Stormwater Permit Coverage Renewal COC #NCG020463 Dear Permittee: TRACY DAVIS Om" l"I For coverage under NPDES General Permit NCG020000, the Division of Energy, Mineral and Land Resources (DEMLR) is forwarding herewith the reissued Certificate of Coverage and Stormwater/Wastewater 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 October 15, 2007 (or as subsequently amended,) The following information is included with your permit package: • New Certificate of Coverage • Storrnwater/Wastewater General Permit • Technical Bulletin for the General Permit + Discharge Monitoring Report (I)MR) Forms • Annual Discharge Monitoring Report Forms • Qualitative Monitoring Report Forms The General Permit authorizes discharges of stortnwater and/or wastewater (as applicable to your site), and it specifies your obligations with respect to discharge controls, management, monitoring and record keeping, Please review the new permit to familiarize yourself with all changes in the reissued permit. Significant changes to the General Permit are outlined in the Technical Bulletin. Your coverage under the General Permit is transferable only through the specific action of DLMLR, This permit does not affect the legal requirements to obtain other permits which may be required by the N.C. Department of Environmental Quality, nor does it 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 the DEMI_R Stormwater Permitting Program at 919-707-9220. Sincerely, for Tracy E. Davis, P.E., C.P.M Cc: Stormwater Permitting Files Slate u1'11',vth Carnl in:, I rinv irnnnlePll¢ I o,,:,[ily I linmlgy. AlineiaE and 1-and Recr nure% 16 12 Mail Service Cenler 1 512 North Sallnhury SUCCI. I Raleigh. NC 27699-1012 919 707 920f 1 "1' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCGQ2Q463 STDRMWATERAND 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, Fogleman & Fogleman Soils Inc is hereby authorized to operate approved wastewater treatment systems) and discharge stormwater and/or wastewater, as approved in the original permit/application or subsequent permit modification, from a facility located at: Fogleman Landfill & Mine 4005 Intermere Rd Durham Durham County to receiving waters designated as NEWPORT RIVER, a class SA;HQW water in the White Oak River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, II1, and IV of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective October 1, 2015. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day October 1, 2015. for Tracy E. Davis, P.E., CPM Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission al M- NC Division of Energy, Minerai,and Land Resources u NPDES Stormwater Permit Contacts Summary VC DF.MI-R has the lollmrine cm;tact inform ation in our Pcritth Dalahrso For xnur ncrutit ac of 112312015, Perm[t NumbNCG0204�� Permit Type: ies Stormwater Discharge COC Facility Name: Fanieni—Landfill /,jf A 175 /e(, Gt t T / 7V Z_ - Facility Addressl: IMS lntermere Rd Facility Address2: City, State & Zip: Durham. NC 27701 Owner Information Ddailsd Owner Name: Fogleman&. Fogleman Solis IRc Owner Type: Man -Government Owner• Type Group; ftwizffban i "" K'` F"ems �'�' .+aycs�,.,;t r L e• �, _ .. �r - - s : «, r :� r - s - �{t �[ i�c,LE all �Ftes ilsll)IOfOr,l�ermft*»;."� '9At' .,. [t: .r.�:?. ? v; ��l�Yii� , y'. .. ,... •...n. ri.,. tr.,x.l....L.•,, ...� . -•t.. Et.c...,, ".A. x�a.'a�:e°u✓,::1' _ .A Owner Affiliation: 7ame5 K Foolt»nan Addressl. !D95 Intermere Rd Address2: City, state & Zip: pur4r'14L.IYC ZZ749 Work Phone; Email Address; Title: DPG s i A64Wr Fax: V 66 CL-'►- gwnerrContact�Peisan S}��' �� �'�}�' wea•n t ,r �� n" « t � ,� ti . .. •' r`, . :.. � �' �t. Contact Name Title Address phone Fir jl F CIIItyFC4r1YACt�i>QfSDlli9ir;'��k��L�;�-Y•,T:Y^ Y. t�.r !g'r�4i •;�_!: .., �.ir-�� .. ,l•','+ •.-"i� i'i�.�;:�'�S �r�ia•..a qlg LU h005 intermere Rd, Durham, NC 27704 91 82 9068 VP 'llel' r -aA41 P,oM' mit C� anfactlP 90r1ieJ�,►['�'"-'.,�i r..x.,,?�{';':S;+k'.L'%,,�i'�rt:��' 3 `." e, • es'1:?�c:.l�,n,.ni�s� h s r•, !"_x • � _.a, niw, a,, . '`' 1;+.k'�.;KL'�ra''� lift- Address Ption FAX .Jl 4005 Intermere Rd, Durham, NC 27704 919-682-0068 Fogleman ift P_.Et.RQS3t 919.682.0068 ?i9 ! Cr �rGY. �✓ �/,~' ;i 1' raj Vtyl1�:tJ%,chic �r1=1u1(/1A,f'�•r�.cG��l Alexander, Laura From: Misenheimer <don@smithgardnerinc.com> Sent: Tuesday, January 27, 2015 10:17 AM To: Georgoulias, Bethany Cc: Alexander, Laura Subject: Re: NPDES Permit Renewal - NCG020000 - COC#NCG020463 Bethany - Thanks for the info- I will have a answer from Linda for you soon. She asked me if there was a way to get her actual COC for her records. She has been asked for it in the past but does not have it. Misenheimer www.smithgardnerinc.com On Jan 27, 2015, at 9:38 AM, Georgoulias, Bethany<bethany.georgoulias@ncdenr.gov> wrote: Hi Don, Thanks for the information. I have recorded a request to electronically renew this permit. What to expect next: In February, when NCG02 is simply reissued "as is" for a brief period (until June 2015), we will not send any communication to permittees. The new cover page (with extension dates) will simply be posted on our website with other permit documents (http://portal.ncdenr.org/web/Ir/npdes-stormwater). I will forward Linda Fogleman information that we already e-mailed out about it, and I'll CC you. Later this summer, after the NCG02 permit is renewed with revisions, we will e-mail Linda instructions for electronic renewal and a PIN number. She'll be able to access the renewal COC for this facility on-line. You will be.notified by a courtesy email to let you know when we've sent that, since you were the one that submitted their renewal request. Laura will help with the contact information updates in our system, Thanks again for providing us the details. Regarding the facility's name: can you also tell us whether the change you noted on the sheet is an official change, or just a correction to what it was supposed to be? Our database has "Fogleman Landfill & Mine," recorded from the original application. If the facility changed official names since then, we need a Name/Ownership Change Form to document that. If this was a mistake, Laura should be able to correct it with a confirmation from you or the owner contact, Please advise. Thanks again, Bethany 13elhujry Geoi,,go rlias, F.tavii-on meal Enghieer NCDENR / Division of Energy. Mineral, and Land Resources Storrnwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 9191 807-6372 (phone): 919 1807-6494 (far) Website: htt :// (irtal.iicdenr.or.,l+veb/Ir/storm%%,ater 1>-7uni1 eurr'rs rnrdern'r ro ancl,irnnr rfris crclrGevc naus he .ruhlc•r•t to the; Yorrh Carolinu Farhlie fiee wjs !rnr oral ma), he d6cicrscd to rhirell?rtrri�.v. From: Don Misenheimer [mail to don@smithgardnerinc.com] Sent: Monday, January 26, 2015 4:00 PM To: Georgoulias, Bethany Cc: Alexander, Laura Subject: RE: NPDES Permit Renewal - NCG020000 - COC#NCG020463 Bethany/Linda- Thank you for your assistance on this. I have attached a scan with updates for the contact info etc (report summary). Please let me know if you need clarification on any of those items. Bethany, my client/ the permittee does wish to renew electronically. I assume we will get notification when it is time via email? Thanks again- Misenheimer SMITH + GARDNER From: Georgoulias, Bethany [mailto:bethannaeorgoulias@ncdenr.gov] Sent: Friday, January 23, 2015 8:51 AM To: Don Misenheimer Cc: Pickle, Ken; Alexander, Laura; Bennett, Bradley Subject: RE: NPDES Permit Renewal - NCG020000 - COC#NCG020463 Hi Don, Because we are only reissuing the NCG02 permit in February "as is" until June [when we'll renew it again with revisions] we will not be sending new COCs to those permittees until this summer. However, when the time comes, we will offer the option of downloading the renewal COC electronically, and we need to know (1) if your client wishes to use that option (or wants a paper package mailed instead, which takes longer), and (2) whether all the contacts are up to date in our system. Would you please go to this Website and run a permit summary report for NCG020463, and let us know whether anything has changed? Permit Contact, Owner Contact, and Facility Contacts can be revised from a simple e-mail from you or the permittee with the information (you may even just scan in the report with revisions noted and send that to us). There are instructions on this Website if you need to make changes to Owner Affiliation or Company ownership. http://Portal.ncdenr.org/web/Ir/sw-r)ermit-contacts Please send that information to Laura Alexander, copied above. Please email me back to let me know whether this permittee wishes to renew electronically in June, or get a paper package sent to them instead. Regards, Bethany BelhamJ Gcor-goulius, Envi1-onincutal En-ineel- NCDF..NR / Division ot'fnergy, Mineral, and Land Resources Storrnwater Permitting Program 1612 Mail Service Center. Raleigh. NC 27699-1612 512 N. Salisbury Street. Raleigh, NC 27604 919 1807-6372 (phone); 919 1 807-6494 (fax} Website: http://portal.ncdenr.or!_,/web/h-/stoi-niwater E-mail r r rrespwrder cC !o ancllrom lhis adclvesy maY bc• wblecf !a !hr North Curolirlrr Public Records law rend maY he disclosed w Third parries. From: Don Misenheimer[mailto:don (&smithgardnerinc.corn] Sent: Thursday, January 22, 2015 3:48 PM To: Georgoulias, Bethany Cc: Pickle, Ken Subject: NPDES Permit Renewal - NCG020000 - COC#NCG020463 Bethany/Ken Good afternoon, I hope you guys are doing well. I need some advice/direction for one of our clients. Our client missed the renewal notification (expired Dec, 31, 2014) for the mining General Permit (NCG020000). Their original COC number is NCG020463. Our client has maintained sampling and will submit 2014 data by March 1, 2015 as required. Is it possible for our client to submit the renewal for to you guys now to bring the permit back up to date? Thank you for the response - Don M. Misenheimer Project Scientist SMITH + GARDNER 14 N. Boylan Avenue Raleigh, NC 27603 P (919) 828.0577 ext. 224 C (919) 815.4315 www.smithgardnerinc.com 1 r NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary November 20, 2009 Mr. James K. Fogelman Fogelman & Fogelman Soils, Inc. 4005 Intermere Rd Durham, NC 27704 SUBJECT: Compliance Evaluation Inspection Fogelman & Fogelman Soils, Inc. Permit Number - NCG020463 County - Durham Dear Mr. Fogelman: On November 20, 2009, Autumn Romanski, of the Division of Water Quality (DWQ), Raleigh Regional Office, performed a stormwater compliance evaluation inspection of the landfilUmine. Your assistance and cooperation was helpful and appreciated. Inspection findings are listed below. Industry and,Site Description Y 1 F _ u r r u_�.........,,...«._�r:a__,un�...,;.�.�.._.W�,+.....w..��.:a......_.;...�...,�,�,..f Fogelman & Fogelman Soils is in process of reclamation at a prior mine site. The mine is being filled debris approved by the Division of Solid Waste and Division of Land Quality. Stormwater runoff and process wastewater generated at mines is regulated by General Permit NCG020000. DWQ has therefore issued certificate of coverage, NCG020463; which became effective on March 19, 2009. However, the mine reclamation was completed in January 2009 and revocation was issued on January 28, 2009. The facility's stormwater outfalls were observed and all stormwater was contained in stormwater retention ponds. No flow was being discharged the day of the inspection. Inspectimry on Suma_� <6 a <^ ,T— .__.. The facility provided operations documents that cover stormwater management. Since the 2008 site inspection NOV-2008-PC-0860, the facility has kept stormwater records on -site, provided a map and BMP's. The permit was renewed in March 2009, but we discussed if the mine and landfill activities have stopped, the permittee should determine if a rescission should be requested, since permits for activities were revoked in January 2009.Please see the attached Summary Comments of this inspection report. It is our goal to insure the quality of the surface waters of this State. If you or your staff have any questions, do not hesitate to contact Autumn Romanski at 919-791-4200. NCG070075 Sincerely, Autumn Romanski Enclosures cc: Central files RRQIDWQ Stormwater Compliance Files Stormwater Permitting Unit 3400 Barrett Drive Raleigh, North Carolina 27609 Phone:919-791-4200 Fax:919-788-7159 Page 2 Nof'e Carolina Natmrallff Permit: NCG020463 SOC: County: Durham Region: Raleigh Compliance Inspection Report Effective: 01/19/05 Expiration: 12/31/09 Owner: Fogleman & Fogleman Soils Inc Effective: Expiration: Facility: Fogleman Landfill & Mine 4005 Intermere Rd Contact Person: James K Fogleman Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): On -Site Representative(s): Related Permits: Durham NC 27704 Title: Phone: 919-682-0068 Certification: Phone: Inspection Date: 11/20/2009 Entry Time: 09:30 AM Exit Time: 12:30 PM Primary Inspector: Autumn H Romanski ,%, z Phone: 919-791-4247 Secondary Inspector(s): Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ■ Compliant ❑ Not Compliant Question Areas: ■ Storm Water (See attachment summary) Page: 1 Permit: NCG020463 Owner - Facility: Fogleman & Fogleman Soils Inc Inspection Date: 11120/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Inspection Summary: This facility was permitted by DWM for mine reclaimation, but permit was revoked January 28, 2009-Reclaimation completed. Currently permitted as landfill and mine NCG02-Stormwater permit, but activities have been completed and DWM permit revoked. Reviewed the Fogelman Operations Document which covers Stormwater. Observed outfalls, and discussed whether site has activities that fall under the NCG02 anymore, as a closed out reclamation site. Recommended that the permittee determine if rescinsion request is appropriate? Page: 2 Permit: NCG020463 Owner - Facility: Fogleman & Fogleman Soils Inc Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ■ ❑ # Does the Plan include a General Location (IJSGS) map? ❑ D ■ ❑ # Does the Plan include a "Narrative Description of Practices"? ❑ n ■ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ❑ ❑ ■ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? ❑ ❑ ■ ❑ # Has the facility evaluated feasible alternatives to current practices? ❑ ❑ ■ ❑ # Does the facility provide all necessary secondary containment? n n ■ n # Does the Plan include a BMP summary? n ❑ ■ ❑ # Does the Plan include a Spill Prevention and Response Plan (Si ■ n n n # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? ■ ❑ n n # Does the facility provide and document Employee Training? ❑ ❑ ■ n # Does the Plan include a list of Responsible Party(s)? ■ ❑ n ❑ # Is the Plan reviewed and updated annually? ■ n n n # Does the Plan include a Stormwater Facility Inspection Program? ■ n n n Has the Stormwater Pollution Prevention Plan been implemented? ■ ❑ ❑ ❑ Comment: Since the 2008 NOV, the facility started keeping sw records at the site and provided a map and description of Bi Formal training is not conducted but the facility does have posted (Allowable and Non -Allowable Items) to prevent trucks from illegal dumping practices. Maintenance had been performed on the Bi in recent years, but activity has stopped. Permit was renewed in March 2009- But facility should request a recission of the permit if the site ceases activities as reclamation appeared complete the day of the inspection and revocation of the DSW permit already completed. Qualitative Monitoring Yes No NA NE Has the facility conducted its Qualitative Monitoring semi-annually? In n Cl Cl Comment: Inspection results on site for 51712009. Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? n ❑ ■ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? n n ■ n Page: 3 Permit: NCG020463 Owner - Facility: Fogleman & Fogleman Soils Inc Inspection Date: 11/20/2009 Inspection Type: Compliance Evaluation Reason for Visit: Routine Comment: No Vehicle maintenance - Sample results for TSS, Turbidity, and setteable solids were completed on 51712009. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? # Were all outfalls observed during the inspection? # If the facility has representative outfall status, is it properly documented by the Division? # Has the facility evaluated all illicit (non stormwater) discharges? Comment: No discharge the day of the inspection ■pn❑ Page: 4 ����a •} r�-�c..vF ,,._4,� µ ^" �` -iY �4: h��'�::l��l: iy.:'::"" �.k��i:'�j,._-."..t^.yy" �� � �'.r` ',�. _-�•�1 �- _ �. wfr y} Y. i,�. :� _...y. 4,jj.. � sV 'fix n5-' �.-:�fx�'•'.�. ..ti" k.7• 4'"� :r ti'. sSi -�- k �4 tyS.` � '�` .sI F..f1r�'-,,s � d,�'�..,.�t�r �,Fl � j,�� � ,•` � � �'ix_ � � �t-" i � y�F { ] �- "�+r'��'���� _ - CL�+� : r F"fir "��"i` : �G:-%• .T s. � i .•.. • i ys Y^ � r '�-"{t ♦ �F.1,1.., �� .p.'y�`• •�rM1?' 7 �:Yt iti' J�T d �{ � vtt` ra��•�1 i! +.. �'�•.t �,�•+'xr L'J �. � {�-e—� _ � � ' - f'. ��c.t_t - 4�� J +t1' .:Z�.e. 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STORM WATER DISCHARGE MONITORING REPORT' (DMR) Please Mail Original And One Copy To Mailing Address Below GENERAL PERMIT NO. NCG020000 Part A: Facility Information Samples Collected In Calendar Year: Z 6c I (all samples shall be reported within 30 days following monitoring period) Certificate Of Coverage No. NCG02 OODi) County of Facility _ PU1k +A M Facility Name I * 5o' (Sd nC . Name of Laboratory Tri'te5-r• Facility Contact Lab Certification # nIC/Ir4w Cer+ 0(0-1 Facility Contact Phone No. (0 — O Me,/ Dw Cer+$ 3-113 Part B: Land Disturbance and Process Area Moaritorine Reauirements Qutfall No. Receiving Stream Name Date • 5005.0 A053(k 0007t; ., "-:'.00595 Sample Collected Total Flow Total'.. Suspended Solids°:J. Turbidity Settleable 5ollds=: molddl r MG m IVTUs. in 1 EIlerbe-CmP-K. 1510710 9 or 38 2 < p. Part D: Storvn Event Characteristics Total Event Precipitation (inches): 0.10 Event Duration (hours): 5j 6sw. Part E.- Certification )art C: Vehicle Maintenance Monitorin.e Reauirements (si/A :Date 5t)050 005�6° 1 00530 00404 Receiv�ag Stream Sample ` Total Qutfali IVo: ]Name Cullecte ;`fatal l+low` Oil and Grease Suspended plt a, Solids it►oliidlvr 1tiiG rii ell melt unit -Total Event Precipitation (inches): Event Duration (hours): (if a separate storm event is sampled) "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violatio ure ermittee) (Date) Parr F.- Mailing Address Attn: Central Files, DENR, N.C. Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617 0 0 Page 1 of 1 �' F 0 UTEST Laboratory Report Lab localio�) 'R' Lah Localro❑ 'C' Lab Lacalron'W' ,4CAIVW Cert.#: 067 NC1DW Cert.#: 37731 NCIWW Cert.#: 103 NCIDW Cert-#: 37733 NC1W`W Cert.#: 075 NCIDW Cert.#: 37721 6701 Conference Or, Raleigh, NC 27607 6300 Ramada Dr, Suite C2, Clemmons, NC 27012 6624 Gordon Rd, Unit G, Wilmington, NC 28411 Ph: (919) 834-4984 Fax: (919) 834-649.7 ,, Ph: (336) 766-7846 Fax: (336) 766-2514 Ph: (910) 763-9793 Fax: (910) 343-96BB r;. S :uodlcdL.;:'cK�ll�:l7Ll�i!1Y.K�S53'�2I.C,�tMSZSiil7',^?7JY,.'¢!L."ft:�£P✓.'AY.'7t� Project No.: Report Date: 5/1212009 Project ID: STORMWATER Date Received: 51812009 --- Prepared for --- FOGLEMAN & FOGLEMAN SOILS 4005 INTERMERE DR DURHAM, NC 27704 Work Order #: 0905-00553 Cust. Code: F00068 Gust. P.O.#: No. Sample ID Date Sampled Time Sampled Matrix Sample Type Condition 001 OUTFALL #1 5/712009 10:20 WW Grab 4 +1- 2 deg C Test Performed Method Results Lab Loc UaZedTime Ouaiifier Settleable Solids EPA 160.5 <0.1 mUL R 518109 16:00 Total Suspended Solids SM 2540D 38.2 mglL R 5111/09 10:28 Turbidity EPA 180.1 48.8 NTU R 518109 15:40 Reviewed by: for Tritest, Inc. Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report For guidance on filling out thisfonn, please visit: h Ip://1i20.enrTstate.nc.us/su/loans Doc ummnts.htm##miscfor-m.s Permit No.: N_IC161101Z101010101 or Certificate of Coverage No.: N/C/G/0/ZLQI�I Facility Name: t0 it—vnan C�vnari So, lS. jh[ . County: .DLkrhurt, Phone No- --Olq) L82--00(og T Inspector: T-iyrlm)f FeXVe.11 Date of Inspection: 511-LOl Time of Inspection. 10" DO ayr, Total Event Precipitation (inches): _ 0 - IV Was this a Representative Storm Event? (See information below) [Yes ❑ No Please check Your per•tnit to verifti' ij'Qualitatire Monitoring must be performed during a representative storm event (requirements vctt.y). A "Representative Storm Event" is a storm event that measures greater than (1.1 inches of rainfall and that is preceded by at least 72 hours (3 days) in which no storin event measuring greater than 0.1 inches has occurred. A single storm event may contain up to I0 consecutive hours of no precipitation. By this signature. I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) 1. Outfall Description: Outfall No. —1 Structure (pipe. ditch. etc.) _�p Receiving Stream: Describe the industrial activities that occur within the outfall drainage area: Nol__ 2. Color: Describe the color of the discharge using basic colors (red. brown, blue. etc.) and tint (light, medium. dark) as descriptors: iq lit _ im7YYn 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor. etc.): P.1LTL' I SWU-242-11260S 4. Clarity: Choose the number which best describes the clarity of the discharge, where I is clear and 5 is very cloudy: 1 2 3 O 5 5. Floating Solids: Choose the number which befit describes the amount of floating solids in the stormwater discharge, where I is no solids and 5 is the surface covered with floating solids: 1 O 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and S is extremely rnuddy: I G 3 4 5 7. Is there any foam in the stormwater discharge? Yes 0,No 8. Is there an oil sheen in the stormwater discharge" Yes DINo 9. Is there evidence of erosion or deposition at the outfall? Yes S 10, Other Obviouust Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam. oil sheen. or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further invest'taation. Pa-c 2 of 2 SWU-242-1 12008 MCDENR Norm Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director March 19, 2009 Mr. James K. Fogleman Fogleman & Fogleman Soils, Inc. 4005 lntermere Road Durham, NC 27704 Dear Mr, t•oglerrtaw Dee Freeman Secretary Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020463 Fogleman & Fogleman Soils, Inc Formerly Fogleman Landfill & Mine Durham County On February 5, 2009, Division Personnel received your request to revise your Stormwater permit Certificate of Coverage to accurately include you new company name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina. General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. [environmental Protection Agency. 1 f you have any questions, please contact the Stornnvater Permitting Unit at (919) 807-6303. Sincerely, Coleen ysuins cc. DWQ Central files Raleigh Regional Office Stormwater Permitting Unit Wetlands and Stormwaler Branch 1617 bail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-6300 4 FAX 919-807-6494 1 Customer Service. 1-877-623-6748 Internet: www,ncwaterquality.org ( -0'qt>� NorthCa.1-o1 na An Equal Opportunity 1 Affirmative Action Employer 71 F STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020463 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 Walcr Pollution Control Act, as amended, FOGLEMAN & FOGLEMAN SOILS, INC. is hereby authorized to discharge stornnvater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at FOGLEMAN LANDFILL & MINE 4005 INTI RMERE ROAD DURHAM DURI-IAM COUNTY to receiving waters designated as a UT to Ellerbe Creek, a class WS IV NSW CA stream, in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Paris 1, 11, 111, IV, V, and V1 of General Permit No. NCG020000. This certificate of coverage shall become effective March 19, 2009 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 19, 2009 for Coleen H. Sultills, Director Division of Water Quality By Authority of the Environmental Management Commission r ,4 f✓ 1 F ryJ�f/ /J i .�• S � it � �7.JJ S ( F • 1 f d A MCDE R North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. James K. Fogleman Fogleman & Fogleman Soils, Inc. 4005 Intermere Road Durham, NC 27704 Dear Mr. Fogleman: Division of Water Quality Coleen rl, Sullins Director March 19, 2009 Dee Freeman Secretary Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020463 Fogleman & Fogleman Soils, Inc Formerly Fogleman Landfill & Mine Durham County On February 5, 2009, Division personnel received your request to revise your storrlr+vater hermit Certificate of Coverage to accurately include you new company name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in (lull effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 807-6303. Sincerely, . Coleen H. Su ins cc: DWQ Central files Raleigh Regional Office Stormwater Permitting Unit Wetlands and Slorrnvaater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807-63001 FAX. 919-807.6494 i Customer Service; 1-877-623-6748 Internet: w4mmwaterquality.org NorthCarol i na Arr Equal Opportunity l Affirmalive Aclion Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY CC, NERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020463 STORMWATET AND PROCLSS 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 I{ederal Water Pollution Control Act, as amended, rOGLEMAN & FOGLE✓MAN SOILS, INC. is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at f~OGLEMAN LANDFILL & MINE 4005 INTERMI RE ROAD DURHAM DURI-1ANI COUNTY to receiving waters designated as a UT to Flierbe Creek, a class WS IV NSW CA strewn, in the Neuse River Hasin in accordance with the effluent limitations, monitoring requirein ents, and other conditions set forth in Parts 1, 11, 111, IV, V, and V1 of General Permit No. NCG020000. This certificate of coverage shall become effective March 19, 2009 This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signcd this day March 19, 2009 f )r Coleen 1-1. Sul o s, Director Division of Water Quality By Authority of the I rivironmental Management Commission Fogleman & Fogleman Soils, Inc. 4005 Intermere Road Durham, NC 27704 (919) 682-0068/ (800) 450-3827 Fax (919) 682-0662 S. Daniel Smith North Carolina Department of Environment and Natural Resources Division of Water Quality 1628 Mail Service Center Raleigh, NC 27609 RE: Response to Notice of Violation NOV-2008-PC-0860 Permit No.-NCG020463 Dear Mr. Smith: i i 3 - 6007 Z - �NV1 In response to the alleged violations, I have attached a copy of the original proposed landfill map. This outlines the erosion/storm water controls that were put in place in 1992. We have remained in compliance with NCDENR for our mining and landfill operations, but did not fulfill our obligations to your water quality division. We did complete the qualitative monitoring and removed any excess sediment in the ponds, but did not fill out and send reports. We did not however complete any part of the analytical monitoring. Also attached is a copy of our landfill and mining permits, as well as the operating conditions we had to be in compliance with to be permitted. Our borrow pit is being reclaimed as an LCID landfill. j h4 The BMP was initially addressed in 1991 on the proposed landfill map (see enclosed) as the erosion control plan. It was continually revisited each year in our annual tN reclamation reports and updated maps. We only have storm water runoff. We do not have any wastewater associated with our borrow pit operation. Please also see attached the copy of our permit and certificate of coverage from NCDENR for our landfill and mine. In our mining and landfill application, the issue of erosion/runoff is addressed. See also enclosed the copy of the Army Corp. of Engineers that we are not impacting any jurisdictional waters or wetlands, and our entire operation is more than 4' above flood level. We also maintain a 50' buffer and berms around the property as well as a 15' ditch around the perimeter of the permitted land which drains to sediment ponds. These are checked daily —any excessive sediment is dug out and placed above the drainage area. • We do not maintain our equipment within the permitted area, nor do we store any h bi petroleum products within our operation. Wesley Wilson maintains our equipment off site. See the attached copy of the clean up that was performed for an overturned truck/oil spill in the landfill. • The qualitative physical monitoring of the three sediment ponds will continue to be done after each storm event by keeping a log. The reports will be filed annually at the same time as the analytical reports. • The analytical monitoring by an outside engineering firm has not been done. We have contracted with TriTest, Inc. (William Sherman). The water report will be forthcoming as soon as we have a significant amount of rainfall and will then be completed annually. • The paperwork for our name change was sent to NCDENR in 2006, and as noted on EKE; h, f our permits was completed. The request somehow did not get forwarded to the Water Quality Division. We have again requested this change, and have enclosed a copy for your review. I sincerely hope this information clarifies these issues. If you have any questions regarding our compliances, please contact us. Thank you for your concerns, remember we have to drink this water! Sincerely, Linda R. Fogleman Beverly Eaves Perdue, Governor � Jt Dec Freeman, Secretary ° °'� North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 23, 2009 CERTFIED MAIL RETURN RECEIPT REQUESTED 7008 0500 0000 3917 2460 Mr. James K. Fogleman Fogleman & Fogleman Soils 4005 Intermere Road Durham, NC 27704 Subject: NOTICE OF VIOLATION NOV-2008-PC-0860 Permit No.-NCG020463 Fogleman Landfill & Mine known as Fogleman & Fogleman Soils Durham County Dear Mr. Fogleman: Staff from the Division of Water Quality, Surface Water Protection of the Raleigh Regional Office conducted a site visit to Fogleman & Fogleman Soils. Listed in our files as Fogleman Landfill & Mine, 4005 Intermere Road; Durham NC. The assistance and cooperation of Ms. Linda Fogleman, John Fogleman, Trish Thompson and Timmy Ferrell was very helpful and appreciated. The facility had the following violations of Stormwater Permit No. NCG020000 (NCG020463) and observations were as follow: 1. The facility must submit a response addressing compliance with items 1 through 6 of Part III Section A (Stormwater Best Management Practices Plan). 2. Qualitative monitoring had not been conducted as required by Section B, table 5 of General Permit No. NCG020000 (Certificate of Coverage No., NCG020463). 3. Analytical monitoring had not been conducted as required by General Permit No. NCG020463 (Certificate of Coverage No., NCG020000). 4. This facilities name has changed to Fogleman & Fogleman Soils. Please submit a completed name/ownership change form. No processing fee is required. Part I Section A and B requires coverage and compliance with General Stormwater Permit NCG020000: Stormwater discharged from this facility must be managed in accordance with the terms and conditions of General Stormwater Permit NCG020000. Fogleman Landfill & Mine was issued a new permit with an effective date of May 19, 2000. You are required to immediately implcment your stormwater best management practices plan as required by Part III Section A of General 1628 Mail Service Center Raleigh, NC 27699-1628 91.9-7914200 (Telephone) Customer Service 800-623-7748 Mr. James K. Fogleman Fogleman & Fogleman Soils it Page 2 Stormwater Permit NCG020000 and achieve compliance with all requirements. It is requested that you respond in writing to this Notice of Violation within 30 days of receipt of this correspondence. Your response should address all items 1 through 4. Please note that permit condition violations are subject to civil penalty assessment of up to S25,000.00 per day. We are attaching a copy of the monitoring forms, name/ownership change form and a list of private certified labs. If you should have any questions regarding this notice, please do not hesitate to contact me or Mack Wiggins at the Raleigh Regional Office at (919) 791-4200. Sincerely, j . fz S. Daniel Smith Surface Water Quality Supervisor Raleigh Regional Office cc: Central Files RRO-SWP Michael F. Easley, Governor William G. Boss Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, KE, Director Division ol' Water Quality February 7, 2005 James K Fogleman Fogleman Landfill & Mine 4005 Intermere Rd Durham, NC 27704 Subject: NPDES Stormwater Permit Coverage Renewal Fogleman Landfill & Mine COC Number NCG020463 Durham County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of Stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Ken Pickle of the Central Office Stormwater Permitting Unit at (919).733-5083, ext.584. Sincerely, t5 for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office One No ShCarolina Xiturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service lntemet: h2o.enr,state.ne.uslsulstormwater.htrni 512 N. Salisbury St. Raleigh, NC 27604 FAX (9l9) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% 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. NCG020463 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, Fogleman landfill & Mine 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 Fogleman Landfill & Mine 4005 lntermere Rd Durham Durham County to receiving waters designated as UT Ellerbe Creek, a class WS IV NSW CA stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, 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 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director May 19, 2000 Mr. James Kent Fogl man---__ ` 4005 Intcrmerc Road - Durham, NC 27704 MAY 3 0 M �... subject 'D3=Hlyft RALEIGH REi;C�i�L df�lCE� Dear Mr. Fogleman: 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES General Permit No. NCG020000 Fogleman Landfill & Mine COC NCG020463 Durham County In accordance with your application for a discharge permit received on October 7, 1998 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 pemit 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 Water Quality. The Division of Water Quality may require modification or revocation Lind reissuance of the certificate of coveraac. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Aisha Lau at telephone number (919) 733-5083 ext. 578. Sincerely, ORIGINAL SIGNED By WILLIAM c. MILLS Kerr T. Stevens cc:. Ralci-h Regional Office Central Files Stormwater and General Permits Unit Files 1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper IL t STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020463 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAII 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. James Kent Fogleman is hereby authorized to discharge stormwater from a facility located at Fogleman Landfill & Aline 4005 Intermere Road Durham Durham County to receiving waters designated as an unnamed tributary to Ellerbe Creek, class WS IV NSW CA waters, in the NenSe River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, I11. IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective May 19, 2000. This Certificate of Coverage shall remain in effect for the duration of the General Pert -nit. Signed this day May t9, 2000. ORIGINAL SIGNED BY W;LLI M C. MILLS Kerr'I'. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission r t ! i -- / h am.,, � ,trr - Ir II , j t 'I - \, ! E' r ' � ` ."r\F�,", � ,1.�,.,�-,-. V- .- I ;.� I" ,", "1 '": . .). - " x i, ! �,t--,r""'�.d. -- �..,I,1, .'� ..,1,o. 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Durham, NC 27704 Phone # 919-682-0068 / 800-450-3827 Fax # 91.9-682-0662 LCID Landfill Permit # 32-F Sand & Gravel Aline Permit #32-09 OPERATIONAL, MANUAL !able of Contents 1.0 Facility Operations 1.1 Overview `- 1.2 Contact Information 1.2.1 Owner/Operator 1.2.2 Call 911 in Emergency 1.2.3 NCDENR 1.3 Access Control 1.3.1 Physical Restraints 1.3.2 Security 1.4 Signage 1.5 Communications I.6 Fire and Safety 1.6.1 Fire Control 1.6.2 Safety Measures 1.7 Severe Weather Conditions 1.7.1 Ice/Snow Storms 1.7.2 Heavy Rains 1.7.3 Electrical Storms 1.7.4 Violent Storms 1.8 Equipment Requirements 1.9 Utilities 1.10 Record Keeping ,, 4 - '„ )-s 8&60 OCT 2006 ft- 0` 69 6-20 APPROVED OMS10N OF WASTE MANAGEMENT SOLID WASTE SECTION DA11E Ig D s geeitBYrg- Tatde of C n nts-2 2.0 Waste Handling 2.1 Overview 2.2 Waste Screening 2.3 AccepW/Prohibited Waste 3.0 Environmental /Surface Water 3.1 Overview 3.1.1 Erosion Control 3. l .2 Storm water Control 3.1.3 Dust Control 3. l .4 Litter Control 4.0 Reclamation I,- Appendices: Fogleman and Fogleman Soils, Inc. A Durham County map B Permitted materials C Invoice/tickets D Fire occurrence E Liability insurance F US Army Corps letter G Storm water permit H Waste Industries invoice I Reclamation funds J Mining permit Fogleman & Fogleman Soils, Inc. (LCID Landfill Permit # 32-F) (Sand & Gravel Mine Permit #32-09) Operational Manual 1.1 Overview: Fogleman & Fogleman Soils, Inc., hereafter referred to as Foglemans'. The objective of this facility is to mine, fill and reclaim. The achievable goal is to reclaim the mine as an LCID landfill, and then reclaim that landfill as the original pasture and forest land. The information contained herein was prepared to provide Foglemans' landfill/mine personnel with a clear understanding of how the engineering design was developed to handle day to day facility operations within the NCDENR guidelines. The site is located Four (4) miles Northeast of Durham, North Carolina, (Durham County) off Red Mill Road, at the intersection of I-85 North. Please see attached Durham County map, Appendix A Incoming loads will be inspected prior to unloading. The Fogleman landfill unit will only accept for disposal the following according to LCID guidelines: Inert Debris Waste: (Concrete, brick, concrete block, uncontaminated soils and rock, untreated and unpainted wood, etc) Land Cle_aring_Debris: as defined by G.S. 120A-290. Specifically, waste that is generated solely from land -clearing activities, such as stumps, trees, etc Asphalt: in accordance with G.S. 130-294 (m) Written instructions for acceptable waste are posted at the gate office, and mailed to all clients. Non -conforming waste will not be accepted, trucks will be directed to the city landfill. The gate attendant will conduct visual inspections. After passing the gate attendant, the load will be directed to the dumping area by the site attendant. See appendix B Fogleman Operations-2 The untreated, unpainted wood will be dumped at the top of the landfill to be freely distributed to members of the community for home heating use. 1.2 Contact Information: 1.2.1 Kent Fogleman 4005 Intermere Rd. Durham, NC 27704 Ph# 919-682-0068 / 800450-3827 Hm # 919-683-3256 / Cell # 919-795-4392 Fax # 919-682-0662 Hours of Operation - Monday — Friday lam -- 5 pm 1.2.2 Fire or EMgW,,ency Call 911 in rase of fire or accident emergency. This will alert the Durham County Sheriff's Department as well as Redwood Fire & Rescue Teams. 1.2.3 NC ftqqtMent of Environment and NaWW Resources: Landfill: NCDENR--Division of Waste Management Solid Waste Section 40I Oberlin Rd. Suite 150 1646 Mail Service Center Raleigh, NC 27669 Ph# 919- 508-8523 Mine: NCDENR -- Division of Land Resources Land Quality Section P.O. Box 27687 Raleigh, NC 27611-7687 Ph # 919-7334574 &MokS or Fire: NCDENR — Air Quality Control # 9I 9-733-4574 Fogleman Operations-3 1.3 Access Control: 1.3 . t Physical Restraints The site will be accessed by the existing concrete entrance on Red Mill Road. There are posted signs marking the entrances which are securely locked by gates during non -operating hours. The roads have 5 MFH speed signs. Maintenance of the roads for all weather access will be accomplished by covering them with crushed rock and crushed asphalt. All trucks must stop at the gatehouse, where loads are inspected and they receive a ticket with fees according to the size of the truck. See appendix C Locked control gates at the entrance/exit to Foglemans' facility are important for the following reasons: - Unauthorized and illegal dumping of waste materials is prevented. �- - Trespassing, and injury resulting therefrom, is discouraged. - The risk of vandalism is greatly reduced. Access to active areas of the landfill will be controlled by the combination of fences, gates and natural barriers, and strictly enforced during operating hours. A landfill attendant will be on duty at all times when the facility is open for public use to enforce access restrictions. 1.3.2 Sec Frequent inspections of gates, fences, berms will be performed by Fogleman personnel. 1.4 Signage: A prominent sign(s) containing the information required by the NCDENR will be posted at the landfill entrance. They will provide information on operating hours, operating procedures, and acceptable wastes. Additional signage, 5MPH road signs are posted on roads and at the entrance and exit. Fogleman Operations-4 -- 1..5 Communications: Two way radio communications will be maintained between the active landfill/mine units and the landfill/mine gate house and office. The gate house and office have telephones in case of emergency and for the conducting of day -today business. Emergency telephone numbers are displayed in the gate house and office. 1.6 Fiore and Safety: 1.6.1 Fire Control No open burning is allowed in the landfill, but the possibility of fire within the landfill/mine, or a piece of equipment must be anticipated in the daily operation. Portable fire extinguishers will be operational on all heavy pieces of equipment at all times. For larger or more serious outbreaks, call 911, the local fire/rescue departments and Durham County Sheriffs Department will respond. Fires within the landfill will be limited by the use of daily and intermediate soil coverage as a fire break and control of "hot" spots in the landfill. We have 8- 10 acres of soil that is available for this use. We have had experience with a fur at our facility in 2001, although �- this fire happened during non -operational hours, and could not have been avoided; we have procedures in place to handle this situation. Landfill personnel at the gate house will turn away all trucks containing waste that is suspected to be hot. The facility will verbally notify NCDENR within 24 hours of discovery of a fire within any landfill disposal area. In addition, written documentation describing the fire, the actions carried out to extinguish the fire, and a strategy for preventing future occurrences will be provided to NCDENR within 15 days following any such occurrence. See appendix D 1.6.2 Safety All aspects of the operation of the landfill facility were developed with the health and safety of the landfill's operating staff, customers, and neighbors in mind. The site safety officer, together with the facility's management will maintain a safety and emergency response program to remain consistent with National Solid Waste Management Association and Occupational Safety and Health Administration (OSHA) guidance. First aid kits and fire extinguishers are maintained on all pieces of equipment as well as in the office and gate house. Protective or enclosed cabs are also on all equipment. L Fogleman Operations-5 1.7 Severe Weather Conditions: Unusual weather conditions can directly affect the operation of the Foglemans' facility. Some of these weather conditions and recommended operational responses are as follows: 1.7.1 Ice to Snow Storms An ice storm can make access to the landfill dangerous, prevent movement or placement of daily cover, and thus may require closure of the landfill until the ice is removed or has melted. 1.7.2 Heavy Rains Exposed soil surfaces can create a muddy situation in some portions of the landfill during rainy periods. The control of the drainage and use of crushed stone or crushed asphalt on unpaved roads should provide all-weather access for the site and promote drainage. 1.7.3 Electrical Storms The open area of a landfill is susceptible to the hazards of an electrical storm. If necessary, land filling activities will be temporarily suspended during such an event. To guarantee the safety of all field personnel, refuge will be taken in the on -site buildings or in rubber - tired vehicles. 1.7.4 Violent Storms In the event of a hurricane, tornado, or severe winter storm warning issued by the National Weather Service, landfill operations may be temporarily suspended until the warning is lifted. Buildings and equipment will be properly secured. 1.8 Equipment Requirements: Fogleman' will maintain on -site equipment required to perform the necessary landfill/mining activities. They will have enclosed or protective cabs. Periodic maintenance of all equipment, and minor/major repair work will be performed at designated maintenance zones outside the landfill. All pieces of equipment will have fire extinguishers and first aid kits. 1.9 Utilities: Electrical power, water, telephone, and restrooms are provided at the landfill gate house and office. Fogleman Operations-6 �- 1.10 Record Keeping: Foglcmans' shall maintain the following records in files at the landfill/mining office: A. Waste/Mining inspection records B. Daily truck size records C. Results of inspections, repairs, etc. D. Annual landfill/mining reports ,E. Financial insurance documentation (See Appendix E) The operating record will be kept up to date by Foglemans'. It will be presented upon request to the NCDENR for inspection. A copy of this Operations Manual will be kept at the landfill and will be available for use by all employees at all times. 2.0 Waste Handling Operations: 2.1 Overview This section describes the waste handling requirements. The person responsible for operations is: Kent Fogleman 4005 lntermere Rd. Durham, NC 27704 PH # 919-682-0068 Signs are posted at the gate entrances with name of owner/ operator, phone number in case of emergency, and hours of operation. This facility is reclaiming a mine site with waste according to LCID guidelines. After the reclamation is complete the land will be returned to original farm and forest land. A gate attendant will be on site during operational hours. The attendant will direct and visually inspect all incoming loads. All loads will be measured by truck size and these measurements will be recorded by the gate attendant on a 3-part ticket. The fees for truck sizes are posted for drivers and attendees information. All invoices/tickets have company names and are signed for by drivers. All vehicles are controlled by the gate/site attendants, and directional signs located within the facility. See Appendix C Again, any non -conforming waste will be turned away and directed to the Durham City Landfill. Fogleman Operations-7 2.2 Waite Screening In order to assure that prohibited waste is not entering the landfill facility, screening polices have been implemented. Waste received at the gatehouse entrance, and the waste taken to the working face is inspected by trained personnel. These individuals have been instructed in how to spot indications of suspicious waste. All vehicles must stop at the gate house located at the entrance to the facility. All waste transportation vehicles and their load are visually assessed by the attendant. The attendant may request from the driver of the vehicle a description of the waste he is carrying, to ensure that unacceptable waste is not allowed into the landfill. The attendant then writes a ticket/invoice with the company's name and size/cost of load. The driver signs the ticket and retains i part of the 3 part ticket. The remaining 2 parts are returned to Foglemans' office at the end of each day. See Appendix C _. In the event any non -conforming waste is hidden and dumped in the landfill, the cost of the removal and disposing of any unacceptable waste will be charged to the owner of the vehicle involved. Any vehicle owner/operators who knowingly dump any unacceptable waste at the site may be barred from using the landfill. 2.3 Accepted/Prohibited Waste: If unacceptable waste is found, the load will be turned away from the entrance. Upon discovery of any non -conforming waste the driver is notified by the gate attendant and the hauling company is notified by Foglemans' office, not to send any further debris of this nature. They are also faxed a copy of what is acceptable. See Appendix B Fogleman Operations-8 3.0 Environmental Management / Surface Water 3.1 The landfill is graded to eliminate water from ponding or collecting in any way. 3.1.1 Erosion control is provided primarily by 1.25 acres of settling ponds created for the mining activity. None of the land is in the 100 year flood plain, in a letter from the U.S. Army Corps of Engineers it is stated that the landfill does not impact jurisdictional waters or wetlands. See Appendix F The active area of operation in the landfill/mine will be maintained with the appropriate settling basins to control runoff. Erosion control shall be maintained as required, to guarantee proper functioning of the measures in place. 3.1.2 Storm water discharges have been addressed. The General permit # is NC6020000 and the Certificate of Coverage is #NCG020463. See Appendix G The dry creek bed is an unnamed tributary to Ellerbee Creek in the Neuse River basin. 3.1.3 The existing entrance from Red Mill Rd is constructed with a concrete roadway at the gate, followed by crushed asphalt and stone. Dust is controlled by watering the road with a 2000 gallon tanker truck. 31.4 Litter is collected daily in a receptacle provided by Foglemans' to discourage truck drivers from discarding their trash in the landfill. Other materials such as plastic, metal, paper, and trash (hidden under loads) are picked up and disposed of in these dumpsters from Waste Industries. See Appendix H 1 Fogleman Operations-9 4.0 Reclamation: Adequate soil cover shall be applied daily/monthly or when the active area reaches one acre in size. The interim soil cover shall be V thick. The mining area is being reclaimed as an LCID landfill. Once the landfill/mine is completed the original farm land will be reclaimed and returned to forest and pasture land. The sediment basins will be filled with landfill acceptable debris, covered with soil 2' thick, and regraded to the original contours. Eight to ten acres have been designated for this purpose. Vegetative covers, according to the approved NCDENR mining reclamation plan will then be planted within 2 years of the closure of the landfiIl/mine. All of these requirements have been established by NCDENR. See Appendix I for the Letter of credit (reclamation funds) and Appendix J for the NCDENR Reclamation Plan. Appendices: A Durham County map $ Permitted materials C Invoice/tickets D Fire occurrence E Liability insurance F US Army Corps letter G Storm water permit H Waste Industries invoice I Reclamation funds J Mining permit Fogleman & Fogleman Soils, Inc 5 Intermere RD. Durham, NC 27704 Ph # 919-682--0068/-4SO-3827 Fax # 919-682-2 3ust a friendly reminder .......... THIS LANDFILL IS PERMITTED TO RECEIVE ONLY: STUMPS, LIMBS, LEAVES, U11PAINTED BRICiG UNPAINTED OWC CONCRETE, UNEMTEM UNU TEI� W-W ASPHALT AS PER Hit 1131 AND UNCONTAMINATED SOILI WE CANNOT ACCEPT : PLYWOOD, PRESSBOARD, SHINGLES, SHEETROCK, PAPER, PLASTIC, TRASH, PETAL, WIRE, TIRES OR FURNITURE! * * *If any of the above is brought In that we CANNOT wept it will be your physical and financial responsibility to remove it from Our landfilll Should you have a question regarding something that is not listed, please feel free to contact us. Please respect our landfill and do not dump any personal trash (ex: cups, bags, food wrappers) Thanking you In advance for your cooperation In keeping our landfill RnffI Sincerely, Fogleman & Fogleman Solis Inc. i E Fogleman Operations-9 4.0 Reclamation: � Adequate soil cover shall be applied daily/monthly or when the active area reaches one acre in size. The interim soil cover shall be V thick. The mining area is being reclaimed as an LCID landfill. Once the landfill/mine is completed the original farm land will be reclaimed and returned to forest and pasture land. The sediment basins will be filled with landfill acceptable debris, covered with soil 2' thick, and regraded to the original contours. Eight to ten acres have been designated foi this purpose. Vegetative covers, according to the approved NCDENR mining reclamation plan will then be planted within 2 years of the closure of the landfill/mine. All of these requirements have been established bye NCDENR. See Appendix I for the Letter of credit (reclamation funds) and Appendix a for the NCDENR Reclamation Plan. Appendices: A Durham County map j $ Permitted materials C invoice/tickets D Fire occurrence E Liability insurance F US Army Corps letter j G Storm water permit H Waste ,Industries invoice I Reclamation funds I Mining permit Fogleman & Fogleman Soils, Inc 5 Intermere RD. Durhannn, NC 27704 Ph # 959-682-0068/ 800- 382/ Fax # 919-682-0662 Just a friendly reminder ..a....... WE CANNOT ACCEPT PLYWOOD, PRESSBOARD, SHINGLES, SHEETROCK, PAPER, PLASTIC, TRASH, METAL, WIRE, FIRES OR FURNITURE fl -� ****If any of the above is brought In that we CANNOT accept it Will be your physical and financial responsibilltV W remove It from our landfiil l i 1 Should you have a question regarding something that ds not listed, please feel free to contact us. i Please respect our landfill and do not dump any personal trash (ex: cups, bags, food wrappers) Thanking you In advance for your cooperation In keeping our landfill "'clean"! r t Sincerely. Fogleman & Fogleman Solis Inc. r _ a Facility Permit No: 32-F Version 2 • Durham County Permit to Operate .�..rV• Doc ID: RC0625 NCDENR December 19. 2006 Page 1 of 4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor William G. Ross Jr., Secretary STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT SOLID WAS'I,E LANDFILL FACILITY PERMIT No. 32-F ,IAw'.s KFXV 1"OGI_I.�"MAN 1s hereby Issued a PERMIT TO OPERATE FOGl_F?MAN & FOGI-I'?MAN SOILS, INC. LANDI-11_L A LAND CLEARING AND INERT DEBRIS (LCID) LANDFILL UNIT located on Red Mill Road near interstate 85, north ol'the City of Durham in Durham County, North Carolina in accordance with Article 9, Chapter 130A, ol'the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The facility is leaned and described by the legal description of the site or the property map contained within, the approved application. Edward F. Mussler III CN = Edward F. Mussler III, C = US, O = Division of Waste Management, OU = Solid Waste Section I have reviewed this document and 1 am _ approving this document I'dward F. Mussler, 111, 1149k12.19 14:27:33-05'00' Permitting Branch Supervisor Permitting Branch Solid Waste Section 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Telephone 919-508-8400 1 Fax 919-733-48101 Internet htipPwastenotnc.org An Equal Opportunity / Affirmative Acton Fmployer - Printed on Dual Purpose Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 8, and other applicable laws, rules and regulations Permission is hereby granted to: Fogleman Landfill and Mine, Inc. Fogleman Mine Durham County - Permit No. 32-09 for the operation of a Borrow Pit 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 I` IRA IQN AT • Sepjpmr 1 r STATE OF NORTH CAROLINA DEPARTN,TENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERtN11T NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020463 STORNIWATER. tMINTE DEWVAT'ERING, AND/OR OVERFLOW FROM PROCESS «"ATFR RECYCLE SYSTE:vIS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELINIINATION SYSTEM In compliance with the provision of North Carolina Gcncral Statute I-43-2 I ,1. other iawful standards and regulations promulgated and adopted by the North Carolina Envirnnmental LIanazement Commission. and the F:dcml Water Pollution Control Act. as amended. ,dames Kent Fogleman 4 is hereby authorized to dischar ze stormwatcr from a facility iuc.rtcd at Fogleman Landfill & :Mine -005 Internlere Road Du r h;r rz1 Durham County to receivin« waters designated as ,in unnamed to !=ilcrbc Creel:. class DVS IV NSW' CA waters. in the Neuse River Basin in accordance with the effluent limitations. mon�rcrrin,2 requirements. and other conditions set forth in Parts 1. 1I. III. 1%'. V. Vl and V11 of Gc:nernE Permit No. NCG0-1000o as attached. This ertiti ate of coverage: shall become c l't'ectiye NLtr 19. ,oOU. This Certific:uc or Cover:iLc: shall remain in effect fur the duration of the General Permit. Si�yned this day \lx.' 19, 2000 Yen T. Stevens. Dirc, ti u Division of W;11cr QU. lity By ,authority of the Envirnnmental Manzoiemen, Commission