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NCG020701_COMPLETE FILE - HISTORICAL_20080414
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. �V DOC TYPE HISTORICAL FILE MONITORING REPORTS DOC DATE ❑ �� y' �� YYYYMMDD Michael 1 . Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources April 14, 2008 Mr. Bonney G. Bright Bonney G. Bright Sand Co. 5513 Buzzard Neck Road Virginia Beach, VA 23457 Colecn 11. Sullins, Director Division of Water Quality L Subject: NCG020701 Permit Review for Bonney Bright Sand Co. Currituck County, North Carolina Dear Mr. Bright: In the Washington Regional Office Jeffery A. Manning and I met with your consultant, R. Harold Jones, on Wednesday April 09, 2008 concerning possibly rescinding your North Carolina Stormwater Permit. A preliminary -review of your project indicates that before your State Stormwater permit could be considered for rescission additional information is needed. (1) A written request to rescind your North Carolina Stormwater permit (NCG020701) must be submitted. (2) Your request should show that the wetlands adjacent to your mine site is not being degraded by the mine dewatering activities. We would suggest the following Information be evaluated in this regard: a) Data that could should show that the mine dewatering "cone of depression" does not extend into the wetlands. Data from well #4 might be useful, b) Data that could show the wetlands in question are hydraulically isolated from the aquifer being dewatered. (3) Your request should -address the overburden site on the east side of the mine site. The overburden site must be vegetated and stable from erosion or it must be isolated by the same type of constructed berm as the mine site. (4) Your request should include a detailed strategic plan that shows that no stormwater, from the active mine site, or mine dewatering discharges will enter into drainage features within North Carolina. (5) Your request should include documentation from The Virginia Department of Environmental Quality(VDEQ) regarding the viability of modifying your existing VDEQ discharge permit to include the stormwater and mine site dewatering discharge from your North Carolina mine (e-mai( communication will be adequate). (6) Your request should include a detailed map of both the North Carolina and Virginia mine sites. No thCard , jatural North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Customer Service Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 1-877-623.6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper All materials and information should be delivered to this office no later than (45) days from the date of receipt of this letter. If you should have any questions, please do not hesitate to contact Jeffery A. Manning at 252-948-3966. kincere , AI odge, egional S� sor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc- R. Harold Hones, PWS obert Patterson aR0 files Central files ISIGMA ENVIRONMENTAL SERVICES, Inc. April 18, 2008 Mr. Al Hodge Regional Supervisor Surface Water Protection Section Division of Water Quality Washington Regional Office 943 Washington Square Mall Washingnon, NC 27889 Dear Mr. Hodge: ACC;iED APR 2 1 ma "Phis responds to your correspondence dated April 14, 2008 regarding; a review of the North Carolina Stormwater permit (NCG020000) for the Bonney Bright Sand Company's mine located in Currituck County, North Carolina. By way of this correspondence, the Bonney Bright Sand Company formally requests the North Carolina Division of Water Quality rescind Certificate of Coverage No. NCG020701, issued on February 23, 2007, for stormwater discharges associated with the subject sand mine. The reasons for this request are articulated below and portrayed on the enclosed "Alternative Plan for Mine Dewatering, Surface Water Routing and Discharge Outfall", dated April 15, 2008. Prior to development of the Currituck County Sand Mine, Mr. Bright applied for and received the appropriate authorizations from the Currituck County Planning Department, North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section and the Water Quality Section. After receiving a Notice of Violation, NOV-2008-DV-0046 dated January 23, 2008, Sigma Environmental Services re-examined the approved mining plan, issued authorizations and other data. As articulated in correspondence to you dated February 19, 2008, Sigma determined that all co -mingled stormwater and mine dewatering volumes discharged into the recharged swale from the mine, would ultimately flow and outfall to waters of the Commonwealth of Virginia, not state waters of North Carolina. Based on that finding of fact, Mr. Bright proposes to remedy this regulatory complication by applying for the appropriate discharge authorization from the Commonwealth of Virginia and requests recision of his current NC-NPDES authorization. The following provides a discussion regarding; the items of concern contained in your April 14, 2008 correspondence. 1513 SANDBRIDGE ROAD, VIRGINIA BEACH, VIRGINIA 23456 Business Cell (757) 615-9974 fax (757) 426-5145 Wetlands Protection Forested wetlands exist along the southeast comer of the property. The closest edge of the wetland to the top of slope of the mine is 645 feetF-Th wetlands-are hydrol6gicallysupported!by precipitation-and-supplemental-translocation of -'surface waters:from-Back,Bay_ Underlying soils within the wetland consist predominately of Tomotley silt loam, with a small area of Bojac loamy sand located in the southwest corner of the wetland. The Tomotley series is a poorly drained soil with slopes from 0 to 2 per cent. The series has an apparent high water table between 0 and -1.0 feet below the surface from December through March. The B horizon ranges from 7 to 45 inches below the surface and exhibits a typically restrictive layer with a permeability rate of 0.6 -2.0 inches per hour. This slow permeability rate coupled with the hydrologic inputs of precipitation and surface and subsurface infiltration from Back Bay, provides more than sufficient sustaining hydrology for this wetland to meet the technical criteria established in the Corps of Engineers Wetland 1987 Delineation Manual, as revised. The criterion is the presence of an observable water table located within the top 12 inches of the surface of the soil for a period of no less than 5% (approximately 14 days) at the onset of the growing season_ The-B-horizon,ofthe=Tomotely'series-serves-as. awaquatard•between the groundwater table -and -the -apparent -water table, acting -and -reacting relatively independent of each other. Effects of water table drawn down can be examined on the enclosed chart which plots water levels recorded from Monitoring Well #4. The well is located approximately 80 feet from -the -edge of the -wetland in a farm -field and is situated approximately. 565 feet from the mine: Mine inspection logs.provide daily pumping records.. Pumping occurred 5' days a week from.April.1, 2007'and'ceased on November 7, 2007 For the period from April 1, 2007 to November 7; 2007 when mine.dewatering was active, water levels in the well averaged 5.00 feet:below the surface for 21' sampling events. For the period from November 9; 2007.to March 31, 2008, the average water level was 4.86 feet below the surface for 26 sampling events. Water level variation during the monitoring segments was not significantly different. The range of variation was almost identical. however, inter -period ranges where significantly different, with far greater stability observed during the period of mine dewatering activity than during the period when no pumping occurred. However, and most importantly, these data clearly demonstrate that during both pumping and non -pumping assessment periods, there was clearly no interaction between the ground water table and the apparent (surface) water table associated with the adjacent wetland. The:aquatard;,situated:between;.7:45'inches below the surface, confines surface water -to the surface and restricts,groundwater to depths of 4 feet or. more. As a consequence, future mine dewatering activity should exhibit -extremely little, if any, impact on the hydrologic viability of the adjacent forested wetland. East Side Overburben Site The approved mine plan designates a 3.11 acre overburden area located on the eastern side of the mine outside of the recharge swale. This area is currently in active agriculture and is planted with winter wheat and will remain in active agricultural operation for the foreseeable future. Stockpiles of marketable mine product are situated inside of the recharge swale, and held temporarily prior to loading for delivery. No component of the authorized and active mining activity is located outside of the recharge Swale. Should the designated site be utilized for overburden storage at some point in the future, an identical stabilization berm, as is current utilized at the mine, will be constructed to contain any eroded materials. Stormwater Management A major component of the approved mine plan is the designated "recharge swale" as portrayed on the enclosed drawings. All areas within the designated recharge swale are sloped to drain internally to the sand mine (see cross sectional drawing). Mine dewatering operations would pump commingled waters to the recharge swale surrounding the outer limits of the mine. If water levels rose high enough in the recharge swale they would over flow through four metal pipes into existing farm field ditches and drain towards a collector ditch located along the southern boundary. The proposed "Alternative Plan for Mine Dewatering, Surface Water Routing and Discharge Outfall" incorporates a number of changes which significantly modify the previously approved stormwater discharge plan. First, we propose into install an earthern plug in the recharge swale immediately south of the mine pump discharge point. This will prevent any commingled stormwater and/or mine dewatering discharges from draining southerly and will completely prevent any discharge waters from entering the existing farm field ditches and flowing to the collector ditch. Only direct precipitation captured outside the recharge swale berm (outside of the permitted mine area) will ever have the opportunity to flow to the collector ditch. Secondly, with installation of the plug, all pumped waters will be directed northward through the recharge swale and will cross the Virginia — North Carolina boundary line. Waters will ultimately flow approximately 1200 feet and cross the VA -NC line into an existing surface drainage system associated with Mr. Bright's Virginia sand mine operation. Waters will continue to flow an additional 1150 feet in a northeasterly direction to Water Control Structure 46 (WCS) which is currently closed. Once opened, all pumped waters will flow an additional 1300 linear feet and intersect the Virginia mine's main surface channel between WCS 413 and WCS#4. Waters will then migrate an additional 950 linear feet before reaching, WCS #5, also known as, and permitted by VADEQ, as NPDES permit Outfall #002. Re -direction of flow will provide over 4600 linear feet and 92,000 sq. ft. of potential recharge area. The three water control structures located within the system will provide substantial flow and velocity impediments facilitating substantial opportunities for particulate settlement before discharging to State waters of Virginia. Please see the attached composite plan, as highlighted, for clarification on flow directions. VADEQ Agency Position Enclosed please find a copy of an e-mail communication regarding Virginia Department of Water Quality's intent to consider modification of Mr. Bright VA NPDES permit to include discharges from the Currituck County mine and their affirmation thereto. Detailed Map Enclosed please find a composite map/plan of both the North Carolina and Virginia mines sites. Significant features have been highlighted in various colors and labeled accordingly on the plan. Summary It is hoped that the enclosed information and exhibits provide the necessary documentation to allow your agency to proceed forward with an appropriate Stormwater Permit recision. Also, it is requested that your agency provide Mr. Bright an immediate release from mine pumping restrictions and a statement that the Bonney Bright Sand Company is not, and has not, been in violation of any North Carolina discharge permits. If you have any questions regarding the information or exhibits presented in this correspondence please contact me as soon as possible at business cell 757-615-9974, E-mail at: RharoldionesRaol.com or the letterhead address. Thank you for your consideration of this matter. Most Sincerely, 4"-7. R. Ha Presineni. CC: Mr. Bonney Bright Water Levels Well #4 7 6 5 ; 4 3 A 1 1 1 1 1 1 1 1 1 1 1 1 A 1 1 1 Z p 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 \To N\T \T F \,To \T \,�o \T \T \,�o T \�o ,10 \10 \�o \,Vo \�yoo \T \, p \T \T � �O\ ro\,�h �o\ryo, � ,�A p `b\-- Cb\A°b\"" '�F op '�,N\ ��� ��0 `L��� ��� ��,\'V -P Y p� "�\,�� ©ate —o— 5edesl Page l .of 1 Subj: RE: Bonney Bright Sand Mines Date: 4/18/2008 1:20:38 PM Pacific Daylight Time From: jrmcconattty@de€t.virginia.gov To: Rharoldjones@aol com Mr. Jones, In connection with our meeting last Friday, you presented us with a proposal to reroute the flow of pit water from Mr. Bright's North Carolina sand mine so that the discharge to public waters could occur in Virginia. We agreed that the proposal discussed was a potential discharge option we could consider for the issuance of a Virginia NPDES type permit. We also stated that our consideration of a permit would include close coordination with North Carolina environmental officials in determining the appropriate permitting pathway for the North Carolina mine. James R. McConathy Water Permit Manager Tidewater Regional Office Virginia Department of Environmental Quality -----priginal _Message----- From: Rharoldjones@aol.com [mailto:Rharoldjones@aol.com] Sent: Thursday, April 17, 2008 10:08 PM To: McConathy,James Subject:. Bonney. Bright; Sand Mines Mr. McConathy, Thank you for you and Michelle Hollis meeting with me on Friday, April 11, 2008. It is my understanding that you are receptive to evaluating our proposal to modify Mr. Bright's NPDES permit for his Virginia sand mine to include discharge waters from the immediately adjacent mine located in Currituck County. NCDWQ has requested a statement of agency viability of a potential VADEQ permit modification to enable them to proceed forward with a release on pumping restrictions. Your concurrence with this understanding would be greatly appreciated. Thank you, R. Harold Jones, PWS Sigma Environmental Services, Inc. Need a new ride? Check out the largest site for U.S. used car listings at AOL_Autos. Friday, April 1 K, 20.0.S America Online: Rharofd�ones 1 1, -f-, ". ".: - w TALA Michael F. Easley, Governor William G. Ross Jr„ Secretary North Carolina Department of Environment and Natural Resources April 10, 2008 Mr, Bonney G. Bright Bonney G. Bright Sand Co. 5513 Buzzard Neck Road Virginia Beach, VA 23457 Colcen 11, Sullins, Director Division of Water Quality Qra Ft Subject: NCG020701 Permit Review for Bonney Bright Sand Co. Currituck County, North Carolina Dear Mr. Bright: Al Hodge and Jeffery A. Manning of the Washington Regional Office met with your consultant, R. Harold Jones, on Wednesday April 09, 2008 concerning rescinding your North Carolina Stormwater Permit and having your mine dewatering permitted by The State of Virginia. A preliminary review of your project indicates that before your State Stormwater permit can be rescinded you must furnish this office with the following additional information. (1) You must submit a written request to this office to have your North Carolina Stormwater permit (NCG020701) rescinded. (2) You must show that the wetlands adjacent to your property are hydraulically isolated from any mine dewatering activities. a) Your data should show that the cone of depression does not extend into the wetlands. b) You should provide water table data from well # 4 which is located between the industrial mining activities and the wetlands as well as other detailed supporting evidence. (3) You should address the overburden site on the east side of the facility between the mine site and the adjacent wetlands. The site must be vegetated and of the same topography as the surrounding area or it must be isolated by a constructed berm as the mine site is. (4) You must submit to this office a detailed strategic plan that shows that no stormwater or mine dewatering discharges will occur on the North Carolina side of the border. (5) You must make contact with The Virginia Department of Environmental Qu�J,ity concerning the ,viability, of�having your North Carolina mine site disc harge,permitted_by Virginia. (( (6) You should provide this office a detailed map of both the North Carolina and Virginia mine sites for our review. One NocthCar ✓vallin North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Internet: h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27889 An Equal OpportunitylAffirmative Action Employer— 50% RecycledI10% Post Consumer Paper Customer Service 1-877-623-6748 All materials and information should be delivered to this office no later than (60) days from the date of receipt of this letter. If you should have any questions, please do not hesitate to contact Jeffery A. Manning at 252-948-3966. Sincerely, Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc: WQ Central Files R. Harold Hones, PWS o�OF W A r4: Q. Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director Division of Water Quality Q ^� Coleen 11. Sullins, Deputy Director Division of Water Quality STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: NPDES Permit Number: Facility Location: Type of Activity: SIC Code (if applicable): Receiving Streams: River Basin: Stream Classification: Central Office Staff' Contact Bonney Bright Sand Co. NCG 020701 Knotts Island (Currituck Co) Construction Sand and Gravel 1442 Back Bay, Index Number 27-149-4-2 Pasquotank River Basin, Sub -basin 03-04-14 (in BIMS) Sub -basin 03-01-54 (in Basinwide Plan) SA, ORW, NSW Kelly Johnson, (919) 733-5083, ext. 376 Location: This facility would be a new sand mine on the border of Virginia and North Carolina. The site drains to the Great Marsh, which is not found in BIMS. As shown in Figure 1, Great Marsh is bordered by Back Bay to the north and the North Landing River to the south. The topography of Great Marsh is consistently 3ft in elevation along the shoreline. Marsh Causeway, NC-615, runs through Great Marsh, just south of where the site would drain. Because of this causeway, the water leaving the site will likely drain to Back Bay ). The Basinwide Plan also shows that the MacKey Island National Wildlife Refuge is just south of NC- 615. This is not shown in Figure 1, but is to the slight east and south of this area. Regulated Activities: The applicant requests a general mining permit including mine dewatering for times during heavy rain. NCAC 15A 02B .0225 Section (c)(2) describes ORW requirements for saltwater. One of these requirements says, "A public hearing is mandatory for any proposed permits to discharge to waters classified as ORW". NCAC 15A 02H .1007, describes specific development requirements for saltwater ORW. This mine has a DLR Permit (number 27-49), which expires in 2016. N. C. Division ol' Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 GA NCDE-NR- Customer Service 1-877-623-6748 i' NCG020701 Figure 1: Facility Location +', ek nndf IO s� Ponl 'M4F,,,�= f17f �:}` Back Bay rj) r ..� r r t,}" ^ ,�+- � -...� r x b'•y C�\\t "t�����i 7. fi Nk XV E[ �•�.-�:u='s '; t ,,., _ :. - -. - •.? ;ti{ ^`,�•A=I�r,�'c.�a L/ � F•� • fFf, . ,,� ';Y�'��?Y',}y`l;K'E . ;.Yra}tM.' �' ✓ nA °• `.. `iJ��Mt �� I'pinGt �� ••';r +-_ ,..Park. • r0 7y r; �. - •* t'� .a.�u;` • , �: •1 • •h • •• t' _ � ' •iM! t -. �„ ' .r•yrff' " !] 'i ) '•' r 'ti...."uu�� 01 }}St. '>> .�+ `• e'er ;�: S - +►�.w�'`�.~•M�m�} ;�FLS •v�,.,l Sf1' •_7 "i^ �}� .4 .�J t~ ti _ •. � p ,5 •y',� i' J�„M1{a j•�.,' g, , 1 • •r ,�.y� g� �' �X\ •."\may• � �'�' r. 1s •. �r 5• �'�,' oF' ? 1--�".+ w^i 1 �,r y. "�_• t ��' •1 R' to - ;Y' Vs vIItij1N A_ BEACH C1T._� _ u-�r..,ta. 4 j j cur, : NORTH'��1I0LLz�fr1,' ., ' c CUIt1d FUCK, C4 +• '" M7wm;ry ' •• [ '6' ! " 4. Great + .� ^ yr �r \7 ti •fix �'� I'�f��`. rr r ' ! '�•' Marsh Bonnev Bright Sand Co 4.PO's t s; s l t • a a '=' a' . ��. +�,' ,•'o- 1 t ' �,.'t . • '• .�' �`'' \�+.'.. ^err .i �t \too- ''.`- ,� � �\�}j ��� � i r��—'�w..-••� rr•ti+, �••. 1 ; e Fa re k1y • •1is \y �i yam.''"-4.._�- Gibbs' %Xt o •• ` .. �. Point' '1.,' b ' . 3 — Marsh Causeway } • 1', ; z r "� NC-615 N[)rth Landing River ', 't• tla"_.:. 41 ¢.. �?•• Sr' - � - .� 1 • � - - - }�;7"* •"'Oyu, , \\ f• ���� i is ' _ yT�k Rs,'Mr`.�lt\ lt'•t'�,• !v`'�`[.A� pa _ -.. ► �,r \. .,r.t n1, ° ., •SS 4 _ - _r _ .. _ sCGi�;i,•°3�:` \ ' • V� IiT•,Ua f L Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colecn H. Sullins, Director Division of Water Quality �ar�RQ� April 14, 2008 0 � Mr, Bonney G. Bright Bonney G. Bright Sand Co. 5513 Buzzard Neck Road Virginia Beach, VA 23457 Subject: NCG020701 Permit Review for Bonney Bright Sand Co. Currituck County, North Carolina Dear Mr. Bright: In the Washington Regional Office Jeffery A. Manning and I met with your consultant, R. Harold Jones, on Wednesday April 09, 2008 concerning possibly rescinding your North Carolina Stormwater Permit. A preliminary review of your project indicates that before your State Stormwater permit could be considered for rescission additional information is needed. (1) A written request to rescind your North Carolina Stormwater permit (NCG020701) must be submitted. (2) Your request should show that the wetlands adjacent to your mine site is not being degraded by the mine dewatering activities. We would suggest the following Information be evaluated in this regard: a) Data that could should show that the mine dewatering "cone of depression" does not extend into the wetlands. Data from well #4 might be useful. b) Data that could show the wetlands in question are hydraulically isolated from the aquifer being dewatered. (3) Your request should address the overburden site on the east side of the mine site. The overburden site must be vegetated and stable from erosion or it must be isolated by the same type of constructed berm as the mine site. (4) Your request should include a detailed strategic plan that shows that no stormwater, from the active mine site, or mine dewatering discharges will enter into drainage features within North Carolina. (5) Your request should include documentation from The Virginia Department of Environmental Quality(VDEQ) regarding the viability of modifying your existing VDEQ discharge permit to include the stormwater and mine site dewatering discharge from your North Carolina mine (e-mail communication will be adequate). (6) Your request should include a detailed map of both the North Carolina and Virginia mine sites. One h Cara NNatural North Carolina Division or Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946.9215 Customer Service Internet; h2o,enr.state.naus 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748 An Equal OpportunitylAffirma6ve Action Employer— 50% Recycled130% Post Consumer Paper rj All materials and information should be delivered to this office no later than (45) days from the date of receipt of this letter. If you should have any questions, please do not hesitate to contact Jeffery A. Manning at 252-948-3966. Sincerely, Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc: R. Harold Hones, PWS Robert Patterson WaRO files Central files [Fwd: [Fwd: Salt water intrusion into Mr. Pumel's well]] Subject: [Fwd: [Fwd: Salt water intrusion into Mr. Purnel's well]] From: Wayne Bryant <wayne.bryant a@ncmail,net> Date: Thu, 22 May 2008 08:06:54 -0400 To: j.wayne.bryant@nrmaii.net -------- Original Message -------- Subject: [Fwd: Salt water intrusion into Mr, Purnel's well] Date: Tue, 20 May 2008 11:52:35 -0400 From: Coleen Sullins <Coleen.Sullins u,ncmail.net> To: David May <David.MayRi ncmail,net>, Wayne Bryant <Wayne.Bryant nemail.net> fyi Subject: Salt water intrusion into Mr. Purnel's well From: Mell Nevils <Mell.Nevils@ncmail.net> Date: Tue, 20 May 2008 11:31:28 -0400 To: Billo@ncleg.net CC: Elizabeth Self <Elizabeth.Self@ncmail.net>, Jim Simons <Jim. Simons@ncmai l.net>, Coleen Sullins <coieen.sullins@ncmai1.net>, Pat McClain <Pat.McClain@ncmail.net> Representative Owens Mr. Simons, [Director of the Division of Land Resources, has had several contacts with Mr. Purnel concerning his complaint of salt water intrusion into his well. Mr. Simons has consulted with Mr. Floyd Williams, State Mining Specialist and Nat Wilson, Ground Water Management Section Chief in the Division of Water Resources. The limited data available does not appear to indicate that the Bonny Bright Mine is causing salt water intrusion into Mr. Purnel's well. However, because Mr. Bright has not performed all of the monitoring requirement contained in his mining permit, a Notice Of Violation has been sent to Mr. Bright. In addition, a letter was sent to Mr. Bright by Mr., Simons on May 19, 2008 requiring that a qualified consultant be retain to perform an analysis of any impacts that the mine may be having on the surrounding ground water. I spoke with Mr. Purnel late yesterday and relayed this information to him. if I can provide further information or be of further assistance, please contact me. Mell Nevils Section Chief Land Quality Section Division of Land Resources DENR !Salt water intrusion into Mr. Purnel's well.eml.eml Content -Type: message/rfc822 Content -Encoding: 7bit 1 of 1 5/23/2008 9:09 AM 02,/e5l2608 15:53 7574265145 OHEs SIGMA ENVIRONMENTAL SERVICES, Inc. FAX TRANSMITTAL Date: Feb. 6, 2008 TO: Mr -Jeff Manning FAX: 252-946-9215 FROM: R. Harold Jones, PWS Business Cell Phone; (757) 61-5-"74 FAX: (757) 426-5145 &Mail: rharoldjones(oaol.com No. of Pages including Cover Sheet: -7 Jeff.- Attached is a copy of correspondence seta to Robert D. Patterson on Feb 1, 2008. Will the "Wetland Proteetion Strategies" document satisfy your requirements for a wetlands "Operation and Monitoring Plan"? Your input will be greatly appreciated. R. Harold Jones, PWS President If you do not receive all pages of this transmission, gleme contact R- Harold lnnes a? (757j 615-9974 1513 SANDBRIDGE ROAD, VIRGINIA BEACH, VLRGINIA 23456 Business Cell: (757) 615-074 PAGE 01 02/06/2008 15:53 7574265145 JOHES N-.,5K;MA ENV1R()NkjL-,, TA.l_ SERVIQES. ln,c- P'ebruai-►,1, 2008 Mr. Robert-D. Parte=n, P.E. j tormwater Permitting Uri t Wetlands and Stormwater Branch 1617 Mail Service Center Raleigh- NC 276911-161 7 Dear Mr. Patterson. .ibis respouds-W v reque t for ditiunai information in support our request to modi& permit number C NC(=sland- the Bonney Aright Sand Company's mine located at 1W Marsh CaLL �av North Carolina. Enclosed Please find a cop), of the "Minine Development Flats for Bright Mine" dated 3-1744 which shows the location and limits of jurisdictional wetlands as approved in• the Wilmington bisuiet Corps of Engineers and a short discussion paper entitled "Wetland protection Strategies" dated January 30, 2008. If Lou require any addirional information please free to contact me a€ business cell (757) ail 5-9975, Email at: of the letterhead address. SincereIN, s r R. llarold Jones. S President CC: W. u0nne~' r, Bright Enclosures, wv,'v map i 5l j Sr�3'�pBRi l�6) 6, VIRGINIA BEACH. VIRGfN 2; 4c6 Busine$-tell {?571 615-"14 fax i?57) 426-S145 PAGE 02 02•l0612008 15.53 7574265145 JONES PAGE 03 WETLAND PROTECTION STRATEGIES For Bonney Bright Sand Company Currltu,ck County Kline Knotts Island, North Carolina Flycparibd: January 30, 2008 Y. Simms Fevitpumental alrvices. Inc. Virginia leach, Virginia 02/06/2000 15:52 7574265145 JOIAES PAGE 04 The falSowig provides s short discussion on the siting and design components of the BoAney Bright Sand Mine Plan which were employed to assure that no adverse impacts to existing wetland resources would result from implernentation of the sing operation. The "Mining Development Plan for Bright Mine" dated 3-17-04 shows the location and limits of juri.5dlctional wetlands as approved by the Wilmington district Corps of Engineers. The forested wetlands are located on the subject property but outside of the Permit Boundary. Surface Drainage The closest edge of the wetland to the top of slope of the mine is 645 feet. Located between the wetland and the edge of the pit is an Overburden Storage Area (OSA) with a design measurement of 325 feet wide by 920 feet long. A surface haul road is located between the OSA and the edge of the mine. The roast is leaned on both sides. A 3,646 linear foot Surface Recharge Swale encircles the mine pit. The 20 foot wide, 3 foot deep swale is located immediatcly adjacent to and on the outsidc of the haul road. Design elevation of the haul road is 5.5 feet. The wetlands are located at elevation 2.0 feet and below. Given the fact that the surface elevation of wetland area is lower in elevation than the surface area immediately adjacent to the edge of the mine, the potential for the loss of supporting wetland hydrology loss via runoff to the mine is non-existent. Subsurface Drainage Supporting hydrology for this forested wetland system is primarily precipitation, howcvcr that is supplemented by tMlocation of surfac waters, via bydraulic head, through the surface soil borizons from the Back Bay. The wetland gently slopes to the east and eventually transitions into a herbaceous system which is hydrologically supported entirely by the waters of Hack Bay. The vohmee and duration of this 02'0612008 15:53 7574265145 JONES PAGE 05 hydrological input is directly deperident on the water levels in Back Pay. Water levels fluctuate widely depending on the direction and duration of sustained winds over the system. The greater the wind velocity and duration from the southern vectors, the greater the experienced water levels ate in the Bay. Accordingly, increwed'rates of surface flooding and sails saturation occur. These surface hydrologic inputs act independently of any activity associated with the sand mine and am not affected by the mining activity. A component of the mining plan also incorporates a perimeter Recharge Swale (RS) encircling the mine on three sides. Water is pumped from the mine pit up and into the RS. When water .levels rise high enough in the RS, water is released through connection pipes into 4 pre-existing farm field ditches. The ditches flow to the south to a pre-existing farm collector ditch. The collector ditch is regulated by 4 flashboari riser water control structures_ The collector ditch flows from west to cast and fronts the forested wetland area Furnping excess mineistormwater to the surface ditching system increases the soil moisture content within the existing fivrn fields and coincidingly augments the near surface hydrology of the forested wetland, increasing the hydrologic suppott of the system, Underlying soils within the wetland consist pro&minately of Tomotley silt loam, and a small area of Bojac loamy sand located, in the southwest corner of the wetland. The Tomotley series is a poorly drained soil with slopes from 4 to 2 per cent. The series has an apparent high water table between 0 and -1.0 feet from December through Marcia. The B horizon.ranges from 7 to 45 inches below the surface and exhibits a typically restriefive layer with a permeability race of 0.6 -2.0 inches per hour. This slow permeability rate coupled with the hydrological inputs of precipitation, surface and subsurface infiltration from Back Bay and the subsurface augmentation associated with the surface recharge system, helps to ensure that no adverse impacts to the forested wetland area will result as a consequence of the sand mining activity. 02/86/2608 15:53 7574265145 JOHES PAGE 06 Mr. Bonney C. Bright Bonney Bright Sand Co. 5513 Buzzard Neck Road Virginia Beach, VA 23457 Dear Mr. Bright. Michael F. Easley, GoVM,7 , William 0. kris Jr.. Secretary, North Cwvlina Department of Environment and 'Natural Rcsoureea Colon M. Sullins, Diracmor Division of Water Quali ft January 11, 2008 Subject: Additional Information Request For Future COC N60020701 Mod. Bonney Bright -Sand Co. Currituck County Your facility's Notice of Intent (N01) for a permit modification to CQC NCG020701 was received by the Stormwater Permitting Unit on December 27, 2007. However, a review of the NOI by the Stormwater Permitting Unit showed that the application is incomplete. Before the NOI can finish being.processed please provide information regarding the following; 1) Since this NQI states that mine dewatering will be occurring onsite, information must be submitted, regarding any wetlands that may be potentially impacted and how wetland impacts will be avoided. Please submit two (2) copies of any information (weiland locations, O&M manual, etc.), plans, and calculations regarding the dew.wring activities. Please also be aware that if your project is located near wetlands, your NPDES pc,r lit will require dewatering operations without wetland impacts. The specific requirements for mine dowatchng at facilities near wetlands can he found in the teat of the general NPDES aiii.rUng perl"it NCGO20000 available on our website, http:l/h2aenr.state.naus/su/FormS_Documents.htm. See Section C, Part 1 of the permit on the page labeled. "Part III Page 5 of 9". An approved Operation and Monitoring Plan is required for mitre dcwatering'activitiin that have potential to drain, wetlands. Dischsrgiog mine dewatering wastewater without Plan approval, and without a Permit, will be subject. to enforcement action. A Plan for your facility must be submitted to the Washington Regional Office and approved before we can issue your permit. We encourage you to contact Jeffery, Manning at the Washington Regional Office at (252) 948-3966 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. Also, we do not charge a fee for modifications to a CQC under a NPDES General Storrnwater Pgrrrlit, Therefore, yqur ehec.k-no, 57451 for $100.00 is being returned to you. If the requested information is not returned to my attention by February 11, 2008 your application will be returned as incomplete. Noo.�o cmlina North Car6na Division of water Quality 1617 A+lail Service CdInfer Ralci8h, XC 27699.1617 Phonc (911) 733-7013 Customer service Intemet h2o.enr.91ate.nc.us S1ZN.Sal.sswrySt Releigh,N(: 27404 FAX (919)733-2496 1-877-623,6748 An Equal Opportunoy/AffimwWs Adlan Employer— 6i % F;"4k UIQ%Fast Ccmumar Paper Q2/06I2008 15:53 7574265145 JONES -Mr.'Bonney G Mght Bonney Bright Sand Co_ January I l_ 200$ If you have any questions, please contact me at (919) 733-5083. x 360. Sincerely, Rnbert D. Patterson, P-E. ETiviironmental Engineer Stormwater Permitting Unit cc: Wash:iligton-Regional Office, Jeffery Manning Stormwattt Permitting Unit. bile-s PAGE 07 Mr. Bonney G. Bright Bonney Bright Sand Co. 5513 Buzzard Neck Road Virginia Beach, VA 23457 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H, Sullins, Director Division of Water Quality January 11, 2008 . JAN 1 2008 J J�,, Subject: Additional Information Request For Future COC NC6020701 Mod. Bonney Bright Sand Co. Currituck County Dear Mr. Bright: Your facility's Notice of Intent (NOI) for a permit modification to C C NCG020701 as received by the Stormwater Permitting Unit on December 27, 2007. Howev ev' e NOI by the Stormwater Permitting Unit showed that the application is incomplete. Before the NOI can finish being processed please provide information regarding the following: 1 } Since this NOI states that mine dewatering will be occurring onsite, information must be submitted regarding any wetlands that may be potentially impacted and how wetland impacts will be avoided. Please submit two (2) copies of any information (wetland locations, O&M manual, etc.), plans, and calculations regarding the dewatering activities. Please also be aware that if your project is located near wetlands, your NPDES permit will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit NCG020000 available on our website, http://h2o.enr.state.nc.us/su/Forms_Documents.htm. See Section C, Part I of the permit on the page labeled, "Part III Page 5 of 9". An approved Operation and Monitoring Plan is required for urine dewatering activities. that have potential to drain wetlands. Discharging mine dewatering wastewater without Plan approval, and without a Permit, will be subject to enforcement action. A Plan for your facility must be submitted to the Washington Regional Office and approved before we can issue your permit. We encourage you to contact Jeffery Manning at the Washington Regional Office at (252) 948-3966 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. Also, we do not charge a fee for modifications to a COC under a NPDES General Stormwater Permit. Therefore, your check no. 57451 for $100.00 is being returned to you. If the requested information is not returned to my attention by February 11, 2008 your application will be returned as incomplete. pr` Nh Carolina Aa111Pf1%% 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.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal OpporhmityfAffirmaWe Action Employer— 50% Recycledh0% Post Consumer Paper COC No. NCG020701 Mr. Bonney G. Bright Bonney Bright Sand Co. January 11, 2008 If you have any questions, please contact me at (919) 733-5083, x 360. Sincerely, 4�ji) Robert D. Patterson, P.E. Environmental Engineer Stormwater Permitting Unit cc: Washington Regional Office, Jeffery Manning Stormwater Permitting Unit Files F WArF Michael F. Easley, Governor q William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources co 7 Alan W. Klimek, P.E. Director ] Division of Water Quality February 28, 2007 CERTIFIED MAIL7006 0100 0000 8379 4096 RETURN RECEIPT REQUESTED Mr. Bonney Bright Bonney Bright Sand Company 5513 Buzzard Neck Rd Virginia Beach, VA 23457 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6) Mr. Bonney Bright Bonney Bright Sand Company Case No. DV-2007-0005 Currituck County Dear Mr, Bright: This letter transmits a Notice of Assessment of Civil Penalty in the amount of $4,091.00 ($4,000.00 civil penalty + $91.00 enforcement costs) against Bonney Bright and Bonney Bright Sand Company. This assessment is based upon the following facts: Jeffery A. Manning, of the Division of Water Quality, made a site visit to the Knotts Island mine site on Wednesday January 20, 2007. I understand per your conversation with Mr. Manning, at that time, your facility had dewatered and discharged to waters of the state of North Carolina without a permit. The violation is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Bonney Bright and Bonney Bright Sand Company violated the terms, conditions or requirements of G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality, 1, Al Hodge, Regional Supervisor of Surface Water Protection for the Washington Region, hereby make the following civil penalty assessment against the Bonney Bright: oy NthCarolina J1 atrrrally North Carolina Division or Waler Quality Washington Regional Office Phone (252) 946-6481 Customer Service Internet: www.newaterquality.org 943 Washington Square Mall, Washington, NC 27889 FAX (252) 946-9215 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer — 50% Recycledl10% Post Consumer Paper a- C3 tr . Cr r- postage $ 3 L7 p Certified Fee �g ( Return Recelot Fee (Eodarsem(EndorsementROequirured) Here � Resirltted Delivery Fee � -e C3(Endorsement Required) r�iy TOIW Postaae & Fees -•R ,� ft1• n °rr°BONNEY BRIGHT r� N V6reec;80NNEY BRIGHT SAND CO ------- °'P-o%513 BUZZAARD NECK ROAD ....... 6�S /IRGINIA BEACH VA 23457 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of themilpi ce or on the front if space permits. 4 1. Article Addressed to: lim BONNEY BRIGHT BONNEY BRIGHT SAND CO 5513 BUZZAARD NECK ROAD VIRGINIA BEACH VA 23457 A. Signatu X ❑ Agent ❑ Addressee 8. ] ed by (1' ed N me} C. Da Er of livery D. Is delivery address different from Item 17 ❑ e`. _ If YES, enter delivery address below: CI Na r 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Recelpt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee} ❑ Yes 2. Article Number 7006 0100 0000 8379 4096 {Transfer from servke label} PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M•1540 $4000.00 I of the I violations of G.S. 143-215. 1 (a)(6) by discharging into the waters of the State without a permit. $4000.00 TOTAL CIVIL PENALTY $91.00 Enforcement Costs $4091.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 14313- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include ivaiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Eastern NPDES Program Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions Committee. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Eastern NPDES Program Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 M 3-File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Jeffery A. Manning of the Washington Regional Office at 252-948-3966. inc ely, r Al o ge, egional Supervisor Surface Water Protection Washington Regional Office ATTACHMENTS cc: WaRO Enforcement File wl attachments Karen Rust -- Eastern NPDES Program w/ attachments Central Files w/ attachments ATTACHMENT A Bonney Bright CASE NUMBER: DV-2007.0005 PERMIT: FACILITY: Bonney Bright Sand Company Other Violations MONITORING PENALTY REPORT AREA DESCRIPTION 4,000.00 jischarges & Stream Impact COUNTY: Currituck REGION: Washington VIOLATION DATE VIOLATION TYPE 01124/07 Discharge without valid permit Ma JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2007-0005 County: Currituck Assessed Party; Bonney Bright and Bonney Bright Sand Company Permit No. (Not Applicable): Amount Assessed: 54091.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C,G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document); _ (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CURRITUCK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND BONNEY BRIGHT AND ) STIPULATION OF FACTS BONNEY BRIGHT SAND COMPANY } FILE NO. DV-2007-000.5 Having been assessed civil penalties totaling $4091.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 26, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. "Phis the day of ADDRESS TEI.,EPHONE SIGNATURE DIVISION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Bonney Bright and Bonney Bright Sand Company County: Currituck Case Number: DV-2007-0005 ASSESSMENT FACTORS 1) The degree apd extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm to the natural resources of the state was documented. 2) The duration and gravity of the violation; The owner of the sand pit located at 100 Marsh Causeway on Knotts Island, North Carolina admitted to discharging, the duration is unknown. 3) The effect on ground or surface water quantity or quality or on air quality; No harm to the natural resources of the state was documented but untreated mine discharge may be high in turbidity and solids and may adversely impact the waters of the state. 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; Unknown G) Whether the violation was committed willfully or intentionally; The violation was committed willfully. Mr. Bright was aware that a permit is required to dewater the mine discharge. 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The facility has no prior record of violations. 8) The cost to the State of the enforcement procedures. $91.00 2CU — Date �J L+ r Al Hodge, Regional Supervisor Surface Water protection Washington Regional Office MichW F. Easley, Governor William G. Rau Jr., Secretary North Carolina Dq►artment of Environment and Natural Resources 0 February-23, 2007 Mr. Bonney Bright Alan W. Klimek, P,E. Director Division of vYater Quality President "`- Bonney Bright Sand Co. ' 5513 Buzzard Neck road Virginia Beach, VA 23457 _ Subject: General Permit No. NCG 020000 '- Bonney Bright Sand Co. COC NCG020701 ; Currituck County Dear Mr. Bonney: In accordance with your application for a discharge permit received on January 16, 2007, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDI S 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 elay-199# subsequently amended):---_ 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 and reissuance of the certificate of coverage. Please also note the requirement to have a Stormwater Pollution Prevention Plan and to comply with the cut off concentrations listed in the permit. 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 Kelly Johnson at telephonc number (919) 733-5083 ext. 376. Sincerely, ORIG114AL F?=,h•: 8RAi31wEYi=t�-�.•.. - - Alan W. Klimek, P.E. cc: Washington Regional Office, Mr. Jeffery Manning Central Files , Stormwater Permitting Unit Files enc_ Certificate of Coverage JhCo- N" Carolina Division of Water Quality 1617 Mail Savice Center Raleigh, NC 27699-1617 Plmw (919) 733-5083 Cutwner Service Internet; svwsr.nc"tsruualitvorn Lacmion_ 512N.8atL*wrySt. Raleigh.NC 27604 Fan (919)733-%12 14r"-623.6748 An Wl gWrttnWAftwJ" AMm &plo)w — 5M Rrx.Ytled1 O% Post Cats m Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION Or WATER QUALITY GENERAL PERMIT NO. NCCO20000 CERTIFICATE OF COVERAGE No. NCGO20701 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELUMNATION 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, Bonney Bright Sand Co. is hereby authorized to discharge stormwater ftorn a facility'located at .Bonney Bright Sand Co. 100 Marsh Causeway , Knotts Island Currituck County to receiving waters designated as the North Landing River, a class SC water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Paits 1, II, III, IV, V, and VI of General Permit No. NCGO2000 as attached. This certificate of coverage shall become effective Febnmry 23, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 23`a day of February 2007. ORIGINAL SIG, iED BY Er2ADI-SY 8Eh NET'r for Alan W_ Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: _ nt.� �:.:- {.-". /�'.:'w i_ti. y�'.�_?c:.s# z:t%•:.•.;r� 4 N .�4 :{,4. r"x'r.2n. • 'C gr_h`'.'yA'�.., } ei "�t'�'i:4' A. )yC r a 3�, tµ� s ti, ' �' • . F. Y : _ J4 •c?' 'l �'��p,yruy: '' M - {�"`E; i� .y.r; * 1 t -' .a +N-+, y� •, + *ai Tom• _' r t��a'i 7 } Y ; ate y• Sk r ;. €t �;. '1.. a. � K .fit l r � • ?: t._. .�..',...� v :r . .Z:'a7 i L"z-f_r J t-r-s`�-.:`: '.:� • y.i�. •�...nl \ '. tft ERE w= i`- Y;•.Z,«-�� �.— x_ � r� � ew.•s ''�: �.•.�',� _.p a U. ,pa..1 - 't'F�_ 4r'k'"5+�r. rP,y<3"� k. `A L. F_ y;✓ - - _.-�=Y +�:� ::ea, a ` `,�.. S� _ 3'ii 4 �,. Fri f .+t, - !: .: .1• -� �'- er•�•, -5 r yX q' r r� s .1 f i, ,,..NN'�L„i� 1J.'y,—L��••: f- �,•k' � � • ° � 1: •. . ?t'- r.4.x itc: :•r :.: :a•", '•.,x•- - _ _�_..]]``:�Y�. .. +_-s-iG+��_s''•a.'; �-c:"� 1. - �,N,;, ,Jy,, �1:;',r'-w4-'r�'' - .=e''ic-g�-1'.'.r;� A'�.'.�� S-' 1!:-7+.:�,.i.: �:'• .�._; .:1•e../' i 'I-.,:i�. ..,.'•.y�! •� k�i`1 ,�• iA�� •� is tev-BriehtSand-Ca—' N''s2 K �', � D �!', ..�-+':`�•J:' 'i.:r•te Ate, _=t.. '.' - ��" _� -':- =•T � � ... \: r iS'y., '� { �.#-Ti _ - -� � ^ : s =4 • 1 .. � n t:..r`Yr�_,.f :,{• , wf 'Q��3�sr"4 �"�• - drat v 1 o-��'i� !i - t '� v � !. - � _ { � t � `vr��; �. y„'. ' b '` �r�, f�� �.' �ti. �A ` ���FF .� N. �.+ '' : ii, '. z' � �'=ir' "r� �° � ..r • _ �wi:i,: Latit:uae:36033'01" NF NCG020701 FacifitV Longitude: 76ro0'16"W County: Cunituck Co�nney Bright Sand Location Stream Class: S.0 Receiving Stream: North landing River Sub -basin: 03-01-54 (Pasquotank River Basin) e-ffO'ttA trot to Scale Bonney Bright Sand 5513 Buzzard Neck Road • Virginia Beach, Virginia 23457 Office (757) 721-5823 • Fax (757) 721-5088 February 5, 2007 Mr. Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Dear Mr. Hodge, f � d u 7 2007 In response to your Notice of Violation, Notice of Recommendation of Enforcement we would like to offer the following explanation. 1. We were under the impression that as long as we contained our water from pumping with in our own property we did not need a permit as is the case in Virginia Beach.. 2. Yes we were pumping and the water did overflow our flood gates. This condition arose because of an unexpected three inch rainfall. Pumping has ceased since this incident. The Bissel Professional Group has been retained to assist us in correcting this situation so not to have this problem in the future. 3. We have applied for a permit and hope it will be approved with our explanation as to the overflow and corrective actions we will take after the Bissel Group recommendations. Respectfully Submittc Bonney G. ight President Y p p� Vd A TFy0. Michael F. Easley, Governor 1 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources ❑ Y Alan W. Klimek, P.E. Director Division of Water Quality January 29, 2007 CERTIFIED MAIL 7006 0100 0000 8379 4102 RETURN RECEIPT REQUESTED Mr. Bonney G. Bright 5513 Buzzard Neck Road Virginia Beach VA, 23457 Subject: NOTICE OF VIOLATION NOTICE OF RECOMMENDATION OF ENFORCEMENT Bonney Bright Sand Co. Currituck County Dear Mr Bright: This fetter is to notify you that the Washington Regional Office of the Division of Water Quality is considering forwarding a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violations of NCGS 143-215.1, illegal discharges at the mine facility located at 100 Marsh Causeway, Knotts Island, Currituck County, North Carolina. Jeffery A. Manning, of the Division of Water Quality, made a site visit to the Knotts Island mine site on Wednesday January 24th, 2007. 1 understand per your conversation with Mr. Manning upon his site visit that your facility has dewatered and discharged to waters of the state of North Carolina without a permit. Please be advised that NCGS 143-215.6 of the state Water Quality Statutes provides: "A civil penalty of not more than ten thousand dollars ($10,000) may be assessed by the [Environmental Management] Commission against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215:1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit." NCGS 143-215.6 further provides that "if any action or failure to act is continuous, the Commission may assess a penalty not to exceed ten thousand dollars ($10,000) per day for so long as the violation continues." Please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Failure to respond within the time specified may result in the issuance of a civil penalty. On` b`Caroh N North Carolina Division of Water Quality Washington Regional office Phone (252) 946-6481 Customer Service Internet: www.ncwaterquality.org 943 Washington Square Mall, Washington, NC 27889 FAX (252) 946-9215 1-877-623-6748 An Equal opportunitylAtfirmative Action Employer — 50% Recycledll0% Post Consumer Paper If you have any questions you may contact Jeffery A. Manning, Environmental Specialist, at (252) 948-3966, S' cerel r Al Hodge, Regional upervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc: WQ Central Files Pat McClain -Land Quality, Washington Regional Office Kelly Johnson -Nan -Point Source Planning, Raleigh Regional Office WaRO Enforcement Files A: A NCDENR Howe+. G� t)th�rrvrM or Gws.p..o.�,.o Hw,w,K �so,icu N T CE OE I TENT Division of Water Quality / Water Quality Section National Pollutant Discharge Elimination System FOR AGENCY USE ONLY Date Received Year Month D ceTctncate of caveraRe C %k 1 Anaunt I Ob PeRnt[ Assigned to Q A� DEC 15 2006 National Pollutant Discharge Elimination System application for coverage under:.Genei f'j� e" It . . NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC 14 Mineral Mining Industry (except as specified below) The following activities are also Included: Active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with that has come in contact with, any overburden; raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations 5tormwaier from vehicle maintenance activities at mining operations, overflow from facilities that recycle process wastewater; and/or mine dewatering The following activities are specifically excluded from coverage under this General Permit: Peat mining, coal.mining, and metal mining Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations "Standard Industrial Classification Code (Please print or type) 1) Mailing address of ownerloperator: X try Name Bonney Bright Sand Co. Street Address 5513 Buzzard Neck Road City Virginia Beach State VIP_ ZIPCode 23-457 Telephone No. (7 5 7 7 21— 5 8 2 3 Fax: (257 7 21 — 5 0 R R _ Address to which an permit correspondence wW be mailed 2) Location of facility producing discharge: Facility Name Bonney Bright SandcCo. Facility Contact Bonney Bright Streot Address 100 Marsh Causeway_ __ City Knotts Island SlateNC ZIPCode 27950 County Curr i tuck Telephone No. 757 721--5823 Fax: C2..11-7-)_ 221.-5 B8 3) physical location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). North Carolina & Virginia State_ Line where state road 615 & Princess Anne Road is Marsh Causeway (A copy as a munty map or USGS quad sheet with fscildy clearly located on the map Is rec ulred to be submitted with this appilcation) Page 1 of 4 SWU-217-101701 f "'• --� sf ri � i _ +... �` 'i .[ter , , �:_ L_f� . . NCG020000 N.O.I. 4) This NPDES Permit Application applies to which of the following: New or Proposed Facility Date operation is to begin January 2007 ❑ Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: i 4 4 2 6) Provide a brief narrative description of the types of minerals mined at this facility: Sand & Dmt; 7) Discharge Points: r �< Nuinber of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: Mine dewatedng:.� Process Wastewater Overflow: Please provide short narrative description of discharges: Discharges- only if heavy _rains cause over flow. 8).'.'Receiving waters: !:'. What is the name of the body or bodies of water (creek, stream, river, take, etc.) that the facility stormwater .discharges end up in? Back Bay If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 9) Does this facility have any other NPDES permits? ID No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 10) Does this facility have any Non -Discharge permits (ex: recycle permits)? :0 No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? :0 No ❑ Yes If yes, please briefly describe: 12) Does this facility have a Stormwater Pollution Prevention Plan? 17 No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? I3cNo ❑ Yes 14) Are mine dewatering discharges occurring? V No ❑ Yes Page 2 of 4 SWU-217-101701 .. li � .r 3 . • ' ,., _:7 ��1, i 't,l . '.tlrl '.Y' IMF• NCG020000 N.O.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? ® No ❑ Yes If yes, answer the following questions on the wastewater treatment system, a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)j Note: Construction of any wastewater treatment factlilies require submission of three (3) sets of plans and specifications along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138. If construction of wastewater treatment facilities applies to the discharge of process wastewater, include three sets of plans and specifications with this application. b) Does this facility employ chemical additives to flocculate suspended solids? IN No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? IR No ❑ Yes 16) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X$ No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? Ej No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? [it No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waster How is material stored: Where is material stored: How many disposal shipments per year. Name of transport f disposal vendor. Vendor address: 17) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification In any application, reoord, report, plan or other document filed Of required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsities, tampers with or knowingly renders Inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission Implementing that Article, shati be guilty of a misdemeanor punishable by a fine Page 3 of 4 SWU-217-101701 r, C•;i .. .:.. � .r. "!'.�. �,r.. �' II,�4 •ti i .. r i � ,. :+:�ri7: _ .. • � . .. •. - . + -- • .. •. Win' ..,. ... NCG020000 N.O.I. not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of nut more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request, 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: rknnnov fl, Bricibt Title: (Si rig of 11 ppli (Date Signed) Notice of Intent must acco panied by a check or money order for $80.00 made payable to: NCDENR Final Checklist This application will be returned as incomplete unless all of the following items have been included: 13' Check for $80 made payable to NCDENR 12' This completed application and all supporting documents 12", Copy of the valid approved mining permit for the facility ! Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 - Nate The submission of this document does not guarantee the Issuance of an NPDES permit. Page 4 of 4 SWU-217-101701 r - U' r ' •1 . .. �S. .� ,1 ._. '}r . + ,r •i* _ 1.•i' stl:. '3i.! i. A .:i_•.l.Y:,.. , ,r ,a::)�*" • 5 jr • 7iJ e it �. J' r � ,, - .tit _..[ ' „ _ .. • . , At .l' Ir r. _ `. ,{ ♦ • �1 • r ..:�� ,i ..�fl• i. �a v • r. .! is 7% A&� Division of Water Quality / Water Quality Section X National Pollutant Discharge Elimination System NCDENR NDCAftXM oo.w,iee or .�.�.,a Mqu%-L Fksw•cxs NCG020000 r •' 1 WIM0[3�!}I7 KIf+711 .. Cr'714MA 1102 MMI DEC 15 2006T NOTICE OF INTEN National Pollutant Discharge Elimination System application for coverage "ei r.Generai'Perinit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC` 14 Mineral Mining Industry (except as specified below) 2 The following activities are also included: c� • Active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with Z that has come in contact with, any overburden, raw material, intermediate products, finished products, s I—, i : byproducts or waste products located on the site of such operations a? zr • Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle 0 process wastewater; and/or mine dewatering d The following activities are specifically excluded from coverage under this General Permit: • Peat mining, coal. mining, and metal mining • Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations "Standard Industrial Classification Code (Please print or type) 1) Mailing address of ownerfoperator: Name Bonney Bright Sand Co. Street Address 5513 Buzzard Neck Road City _ Virginia Beach State VA ZIPCode _ _23457 Telephone No. (757) 721--5823 Fax: ( 757) 221-SORB, • Address to which all permit correspondence wil be mailed 2) Location of facility producing discharge: Facility Name Bonney Bright Sandc-Co. Facility Contact Bonney Bright Street Address 100 Marsh Causeway City Knotts Island StateNC ZIPCode 27950 County Currituck Telephone No. 757 721-5823 Fax: %7-5_U - 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). North Carolina & Virginia Line where state road 615 & Princess Anne eway (A copy of a county map or USGS quad sheet with facility oleady located on the map is required to be submitted with this application) SWU-217-101701 Page •t of 4 i r. . r s ' rf 1 . .; • f}a's ' , - ) L" > ' i +r • s sk l" h r .+ 1'. - .�t �. NCG020000 N.O.I. 4) This NPDES Permit Application applies to which of the following } New or Proposed Facility Date operation is to begin January 2007 Q Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility S1C Code'. 1- 4 4 2 6) Provide a brief narrative description of the types of minerals mined at this facility: Sand & Dmt 7) Discharge Points: e i - Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: Mine dewatering: A Process Wastewater Overflow: Please provide short narrative description of discharges: Discharges only if heavy__ _ .__rains cause over £low. 8) ' -Receiving waters: !-' What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater :.discharges end up in? Back Bay If the site Stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 9) Does this facility have any other NPDES permits? 49 No ❑ Yes If yes, list the pen -nit numbers for all current NPDES permits for this facility: 10) Does this facility have any Non -Discharge permits (ex: recycle permits)? No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? f3 No ❑ Yes 1f yes, please briefly describe: 12) Does this facility have a Stormwater Pollution Prevention Plan? i No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? lk No ❑ Yes 14) Are mine dewatering discharges occurring?- Z7 No ❑ Yes Page 2 of 4 SWU-217-101701 ' ` �� , 'S i � 1 . � - k. • •i - ' / ' �� • � i t .; i .r. - ... . c: '• ' :e;. � � , �. +. ,t„ i .'r��i• L � i �� NCG020000 N.O.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? ® No Q Yes If yes, answer the following questions on the wastewater treatment system: a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] Note: Construction or any wastewater treatment facilities require submission or three (3) sets of plans and speaficxtions along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138. If construction of wastewater trestmerrt fmTrities applies to the discharge of process wastewater, include three sets of plans and specifications with this applkation. b) Does this facility employ chemical additives to flocculate suspended solids? IZ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? fR No ❑ Yes 16) Hazardous Waste: _ a) Is this facility a Hazardous Waste Treatment; Storage, or Disposal Facility? X$ No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? Ej No ❑ Yes c) ' Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? IX No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor._ Vendor address: 17) Certification: North Catalina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification In any application, record, report, ptan or other document flied or required to be maintalned under Artkc a 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders Inaccurate any recording or monitoring device or method roquired to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shad be guilty of a misdemeanor punishable by a fine Page 3 of 4 SWU-217-101701 l J.i i• fi 1. ara... f yjj� ' y„ afy, ill' f,, • 1 K% 1 F`• rJ S �• EI I, r t .S,J ,I+ • .. i' •. • � . �, t fir y; { - 1 - ,. . l a ,1 , _ r''+ ^ NCG020000 N.O.I. not to exceed $10,000, or by imprisonment not to exceed six months. or by both. (18 U.S.C. Swim 1001 provides a punishment by a tine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4.' 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name. of Person Signing: Title: Preaident -n -_ Notice of Intent must 46 acco}hpanied by a check or money order for $80.00 made payable to: NCDEINR Final Checklist This application will be returned as incomplete unless all of the following items have been included: Q" Check for $80 made payable to NCDENR This completed application and all supporting documents Copy of the valid approved mining permit for the facility H Copy of county map or USGS quad sheet with location of facility dearly marked on map Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 276WI617 No —to The submission of this document does not guarantee the issuance of an NPDES permit. Page 4 of 4 SWU-217-1017o1 • I '-4F:if 'lir . : Fie ' ,� c }•,1'+'ri .. � .,..a, t� '+:, '.k+,.• a .' , ... , � , '' . f •� .. IJ jpi.. ,. i •3f... d ,'r{t". S �,' .,� . �!� t t,- i i r .r -I,. .. i. •. 1. � �� ,, ... .. � ,- • ' .;F'. .., �t' , ... , .•1 .. ire i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters in accordance with the terms and conditions set forth herein. Coverage under this general permit is applicable to: • Stormwater point source discharge outfalls associated with mining and quarrying of nonmetallic minerals (except fuels), land disturbance, and vehicle maintenance. • Mine dewatering wastewater discharge outfalls. • Wastewater discharge outfalls from sand and/or gravel operations. • Nondischarging closed loop recycle systems. • Process recycle wastewater discharge outfalls. The following activities and their associated discharges are specifically excluded from coverage under this General Permit: borrow pits covered by the DOT statewide stormwater permit, peat mining, coal mining, metal mining, oil and gas extraction operations, and combined mining/asphalt operations (where thb asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 19, 2005. The General Permit shall expire at midnight on December 31, 2009. Signed this day January 19, 2005. Dri final Si ned bZ Alan Klimek Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Nov 05 2007 10:28AM HP LnSERJET FAX m,; UENR DtR -- PAGE e2 p.2 Notch Carom Department of E virtnment and Natural Rrmurces Divisions of L nd Resources Land ity secdw James 0. SilTionS, PG, PE Mafiael F. Easley. Governor ,I Director and state Geftsi I LYlliam G. Ross fir., Secretary April , 2007 Mr, Bonney G. Bright Bonney Bright Sand Company 5513 Buzzard Neck Road Virginia Beach, Virginia 23457 RE: Permit No. 27-491 Bright Mime Currituck County f Pasquotank River Dear Mr. Bright: Your recent request to have the above re approved. The modification is to allow discharge General Permit No. NCG020000 and Certificate Carolina Division of Water Quality can February Please 1ttac_h this approval letter to ypu_r expiration date, mine name and permit number Wore this modification. The issuance of a mining perrni= and/or zoning regulations, The responsibility of comb wlth you. anted mining permit modified has been of ter frorr� the ermitted are as per Coverage No. NGG020701 issued by the North 2007. afros/ mining Permit fgr future referiarice. The the permit document shall remain the same as modification to it does not supersede local :e with any applicable zoning regulations lies As a reminder, your permitted acreage at t ;is site is 56,73 acres and the amount of land you are approved to disturb is 45.04 acres. Please advise this office at (919) 733AS74 hould you have any questions concerning this matter. Sincerely, Floyd R. Iliams, PG, CPG, CPESC State MIN € Specialist Land Qual v Section FRWrjw CC: Mr. -Pat McClain, PE Mr. Sradiey Behnett-DWQ 1612 Mail Service Center, Raleigh, North Carolina 27 -1612 •919-733-45741 FAX. 919-733-2U76 512 Noah Salisbury Steel, ita4h. North Cana, 27604 An Egaai OPPOO pity 4 A rnatka Adw ErY bymr �,50% R ycW i *% Pose Consumer Paper Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 29, 2007 CERTIFIED MAIL 7006 0100 0000 8379 4102 RETURN RECEIPT REQUESTED Mr. Bonney G. Bright 5513 Buzzard Neck Road Virginia Beach VA, 23457 Subject: NOTICE OF VIOLATION NOTICE OF RECOMMENDATION OFENFORCEMENT Bonney Bright Sand Co. Currituck County Dear Mr Bright: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering forwarding a recommendation for enforcement action to the Director of the Division of Water Quality_The recommendation concerns the violations of NCGS _143-215.1,-,illegal discharges at the mine facility located at 100 Marsh Causeway,_ Knotts Island, Currituck County, North Carolina., Jeffery A. Manning, of the Division of Water Quality, made a_site visit to the K_notts Island mine site on Wednesday January 24th, 2007. 1 understand per your conversation with Mr. Manning upon his site visit that your facility has dewatered and discharged to waters of the state of North Carolina without a permit! Please be advised that NCGS 143-215.6 of the state Water Quality Statutes provides: "A civil penalty of not more than ten thousand dollars ($10,000) may be assessed by the [Environmental Management] Commission against any person who is required but fails to apply for or to secure a permit I by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or I of such permit." NCGS 143-215.6 further provides that "if any action or failure to act is continuous, the Commission may assess a penalty not to exceed ten thousand dollars ($10,000) per day fo o long_as the violation continues.'; Please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will be reviewed and if an enforcement action is still deemed appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Failure to respond within the time specked may result in the issuance of a civil penalty. Norc Carolina Xutumilil North Carolina Division or Water Quality Washington Regional Office Phone (252) 946-6481 Customer Service Internet: www.newatcrgaahty.org 943 Washington Square Mall, Washington, NC 27889 FAX (252) 946-9215 1477-623-6748 An Equal Opportunity/Af imkitive AcOun Employer— 50% Recycledll l)% Post Consumer Paper . , ,• .. - ._ _ ` _ ...a�_ _ . _... •�, � - • -i ` r � ' .� '. - � ' �. .� � - - _J '. ._ + s-_ •. �. i- � f { _• ' .�. � F . �, - i , � � e, r i _ . 5:. If you have any questions you may contact Jeffery A. Manning, Environmental Specialist, at (252) 948-3966. Sincerely, Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc: WO Central Files Pat McClain -Land Quality, Washington Regional Office Kelly Johnson -Non -Point Source Planning, Raleigh Regional Office WaRO Enforcement Files DMSION OF WATER QUALITY - CIVIL PENALTY ASSESSMENT Violator: Bonney Bright and Bonney Bright Sand Company County: Currituck Case Number: DV-2007-0005 ASSESSMENT FACTORS 1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; No harm to the natural resources of the state was documented. 2) The duration and gravity of the violation; The owner of the sand pit located at 100 Marsh Causeway on Knotts .Island, North Carolina admitted to discharging, the duration is unknown. 3) The effect on ground or surface water quantity or quality or on air quality; No harm to the natural resources of the state was documented but untreated mine discharge may be high in turbidity and solids and may 'adversely_ impact the waters of the state. 4) The cost of rectifying the damage; Unknown 5) The amount of money saved by noncompliance; Unknown G) Whether the violation was committed willfully or intentionally; _ The violation was committed willfully. Mr. Bright was aware that a permit s required to dewater the mine discharge' 7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and The facility has no prior record of violations. S) The cost to the State of the enforcement procedures. $91.00 Date Al Hodge, Regional Supervisor Surface Water Protection Washington Regional Office F W A 7'F Michael F. Easley, Governor A)@ GWilliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality 'C November 6, 2007 CERTIFIED MAIL7006 0100 0000 8379 4096 RETURN RECEIPT REQUESTED Mr. Bonney Bright Bonney Bright Sand Company 5513 Buzzard Neck Rd Virginia Beach, VA 23457 SUBJECT: Assessment of Civil Penalty for Violations of North Carolina General Statute (G.S.) 143-215. l (a)(6) Mr. Bonney Bright Bonney Bright Sand Company Case No. DV-2007-0005 Currituck County Dear Mr_ Bright: This letter transmits a Notice of Assessment of Civil Penalty in the amount of $4,091.00 ($4,000.00 civil penalty + $91.00 enforcement costs) against Bonney Bright and Bonney Bright Sand Company. This assessment is based upon the following facts: Jeffery A. Manning, of the Division of Water Quality, made a site visit to the Knotts Island mine site on Wednesday January 24`h, 2007.1 understand per your conversation with Mr. Manning, at that time, your facility had dewatered and discharged to waters of the state of North Carolina without a permit. The violation is summarized in Attachment A to this letter. Based upon the above facts, I conclude as a matter of law that the Bonney Bright and Bonney Bright Sand Company violated the terms, conditions or requirements of G.S. 143-215. 1 (a)(6) in the manner and extent shown in Attachment A. In accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms, conditions or requirements of a permit required by G.S. 143-215. 1 (a). Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary of the Department of Environment and Natural Resources and the Director of the Division of Water Quality,1, Al Hodge, Regional Supervisor of Surface Water Protection for the Washington Region, hereby make the following civil penalty assessment against the Bonney Bright: Nam` Carolina AltuAilly North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 Customer service Internet: www.ncwaterquafity.org 943 Washington Square Mail, Washington, NC 27889 FAX (252) 946-9215 1-877-623-6748 An Equal Opporturto/Afiirmative Action Employer - 50% Recyde&110% Post Consumer Paper 4000.00 1 of the 1 violations of G.S. 143-215. 1 (a)(6) by discharging into the waters of the State without a permit. $4000.00 TOTAL CIVIL PENALTY 91.00 Enforcement Costs $4091.00 TOTAL AMOUNT DUE Pursuant to G.S. 143-2I5.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and Conclusions of Law and the factors set forth at G.S. 143B- 282.1(b), which are: (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; (2) The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance; (6) Whether the violation was committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures. Within thirty days of receipt of this notice, you must do one of the following: I . Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Eastern NPDES Program Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you believe the civil penalty should be remitted, and submit it to the Division of Water Quality at the address listed below. In determining whether a remission request will be approved, the following factors shall be considered: (1) whether one or more of the civil penalty assessment factors in NCGS 14313-282.1(b) was wrongfully applied to the detriment of the petitioner; (2) whether the violator promptly abated continuing environmental damage resulting from the violation; (3) whether the violation was inadvertent or a result of an accident; (4) whether the violator had been assessed civil penalties for any previous violations; or (5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please note that all evidence presented in support of your request for remission must be submitted in writing. The Director of the Division of Water Quality will review your evidence and inform you of his decision in the matter of your remission request. The response will provide details regarding the case status, directions for payment, and provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty Remissions Committee. Please be advised that the Committee cannot consider information that was not part of the original remission request considered by the Director. Therefore, it is very important that you prepare a complete and thorough statement in support of your request for remission. In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thirty (30) days of receipt of this notice. The Division of Water Quality also requests that you complete and submit the enclosed "Justification for Remission Request." Both forms should be submitted to the following address: Eastern NPDES Program Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 3.File a petition for an administrative hearing with the Office of Administrative Hearings: If you wish to contest any statement in the attached assessment document you must file a petition for an administrative hearing. You may obtain the petition form from the Office of Administrative Hearings. You must file the petition with the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts flings Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m., except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received in the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: .. -' ; Tc ..:, ..•r _r. r�i ;'�.i:. . '�, I 'j: '. 'f' 'a •' f ►5: ,�1 ✓r • 1 .. , ,. may. ':. �.��' pA;J. _ r �� ,.. . , �.. ' - . �.i. . �1, I " � .Jr ..i r •. ' (!�?1:•'f I''11 f'T• f.. - •I:,' tom' ,r: , tt .i � i.' i.}, ._ ,. � r,t { r i# :�' � n •1 a'- .� �. ..,V3�. r .' < •. , f+- 'I�. I:r. , ,. .. Ti r � �'rf jl-. (' 1,} .,j., i.". • � r i.. .3at r .r. . � , .Ir * • .rift '1 _ _. `1 ,a ' ' •rl-�1�1 '!', ' i �• .r '�. - `•i.l� fa .r: . illy �!�'l ''ir i3' ,.! .. r,l .I i '!r, 1 , f l 11 . rl ..• ' •i 1. ,• +1 r'.'i Cf'.:'!1. ',•. If •IT .ri �,. ;- Ir{1 i 1J: -1, .. 1 , � f .'�1 .i' 1 • •! � \. 4 .-- a.1>.�3r. .. ./. 1 f1 �� if �! - - • - .+i � .1 . ' .t r � I 1 } •i f�� Ij ,f+l`'i15. •7:i.r1 It I, � I �'/_ • ,a - 1 ,i. OU 01. ,i Z Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 27699-6714 Telephone (919) 733-2698 Facsimile: (919) 733-3478 and Mail or hand -deliver a copy of the petition to Mary Penny Thompson, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please indicate the case number (as found on page one of this letter) on the petition. Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as evidenced by an internal date/time received stamp (not a postmark), will result in this matter being referred to the Attorney General's Office for collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations that occur after the review period of this assessment. If you have any questions, please contact Jeffery A. Manning of the Washington Regional Office at 252-948-3966. Sincerely, Al Hodge, Regional Supervisor Surface Water Protection Washington Regional Office ATTACHMENTS cc: WaRO Enforcement File w/ attachments Karen Rust — Eastern NPDES Program w/ attachments Central Files w/ attachments JUSTIFICATION FOR REMISSION REQUEST DWQ Case Number: DV-2007-0005 County: Currituek Assessed Party: Bonney Bright and Bonney Bright Sand Company Permit No. (Not Applicable): Amount Assessed: $4091.00 Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of Facts " form to request remission of this civil penalty. You should attach any documents that you believe support your request and are necessary for the Director to consider in evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil penalty may be granted only when one or more of the following five factors applies. Please check each factor that you believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the factor applies (attach additional pages as needed). (a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner (the assessment.factors are listed in the civil penalty assessment document); (b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the steps that you took to correct the violation and prevent future occurrences); (c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or something you could not prevent or prepare for); (d) the violator had not been assessed civil penalties for any previous violations; _ (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain how payment of the civil penalty will prevent you from performing the activities necessary to achieve compliance). EXPLANATION: STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES COUNTY OF CURRITUCK IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ) ADMINSTRATIVE HEARING AND BONNEY BRIGHT AND ) STIPULATION OF FACTS BONNEY BRIGHT SAND COMPANY 1 } FILE NO. DV-2007-0005 Having been assessed civil penalties totaling $4091.00 for violation(s) as set forth in the assessment document of the Division of Water Quality dated February 26, 2007, the undersigned, desiring to seek remission of the civil penalty, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. The undersigned further understands that all evidence presented in support of remission of this civil penalty must be submitted to the director of the Division of Water Quality within thirty (30) days of receipt of the notice of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the notice of assessment. This the day of .20 ADDRESS TELEPHONE SIGNATURE Nov 05 2007 10:2BAM HP LASERJET FAX P.1 5513 SLPz3t !deck Road . Vaginia. E -CN VA 23457 (757) 721-Sd23 -.flfgce M 721-5M - Far f-ma a] Re: LI Urges a Fcw tee, ©per 11 Please Reply ❑ Please Recyde W W NCDENR North Carolina Department of Environment and Natural Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist October 11, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7099 3220 0009 7703 6893 Mr. Bonney G. Bright 5513 Buzzard Neck Road Virginia Beach, Virginia 23457 R V. NOTICE OF DENIAL OF MINING PERMIT Proposed Meiggs Tract Mine Camden County Pasquotank River Basin KvA Dear Mr. Bright: ys � Resources Michaef F. Easley, Governor William G. Ross Jr.. Secretary OCT {� jam' { 1 ; a. IRND QUALITY „TiON W.*HINGTON REGIONAL 0FRC- Pursuant to G.S. 74-51 and NCr,C Title 15A Chapter SS .0006, your request for a mining permit for the proposed Meiggs Tract Mine in Camden County is hereby denied on. the grounds that the following denial criteria would be triggered: (7) That the applicant or any parent, subsidiary, or other affiliate of the applicant or parent has not been in substantial compliance with this Article, rules adopted under this Article, or other laws or rules of the State for the protection of the environment or has not corrected ail violations that the applicant or any parent, subsidiary, or other affiliate of the applicant or parent may have committed under this Article or rules adopted under this Article and that resulted in: a. Revocation of a oermit', b. Forfeit1ure of par', or all of a bond or other security: c. Conviction of a misdemeanor under G.S. 7---6?, or: Final assessment of a civil penalty under G.S. 74-64. Reviews of the files for the existing mining permit No. 27-49 (aright Mine in Currit=uck Co.) revealed that the requirements of Operating Conditions No. 10C and Operating Condition No. 10D of mining permit No. 27-49 have not been met. Pertinent monitoring information has not been provided to this office as required in Operating Conditions 10C and 10D•of mining permit No. 27-49. Monthly precipitation and monthly pit discharge volumes have never been submitted to this office as required by thle above stated Operating Conditions. Also, monitoring well data and analysis are missing for a number of months along with chloride analysis for samples that were supposed to be taken at the pump discharge outlet. These violations resulted in a Notice of Violation being issued for the Bright Mine. A copy of the Notice of Violations of Mining Permit No. 27-49 was faxed to you on October 10, 2007. A copy of tine notice is enclosed and is also being mailed to you. The Notice expiai,ns the vio€ations and what corrective actions need to be taken. 512 t\oiil F"aIeigh,JNo,", 'ra,oii a 27ni - r�zlll-en� ?0.r" Certified Mail Mr. Bright Page 2 We have suspended review of the Meiggs Tract Mine application, including the information submitted by your consultant on August 21, 2007, until mining permit No. 2 7 -49 for the Bright Mine is brought into compliance. Environmental concerns about the proposed Meiggs Tract Mine may remain, and compliance with the Bright Mine permit does not guarantee that a permit will be issued for the Meiggs Tract Mine. Please find enclosed the $79,500.00 Irrevocable Standby Letter of Credit issued to you by Gateway Bank & Trust Co. that you filed with the Department for the proposed Meiggs Tract Mine. We are returning this Letter of Credit to you until issues have been resolved at your Bright Mine in Currituck County and any additional issues resolved regarding the application for the proposed Meiggs Tract Mine in Camden County. You may appeal this denial by filing an appeal as provided in G.S. 74-6 1 _ T i]is petition, must conform to the requirements of G.S. 150 B-23 and be Tiled with the 0 ice of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-5714, A copy of the petition must be served on the Department as follows: Mary Penny Thompson Registered Agent Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, North Carolina 27699-1601 Please contact Mr. Floyd Williams, State Mining Specialist with the Land Quaiity Section, as soon as possible regarding your intentions in this matter. He may be reached a (919) 733-4574. JDSlfrw Enclosures Simons, PG, PE Copy of October 10, 2007 NOV Irrevocable Standby Letter of Credit No. 69998 cc: Mr. Pat McClain, PE Mr. Floyd R. Williams, PG NCDENRi North Carolina Department of Environment and Natural Resou, Las Division of Land Resources .lames D. Simons, PG, PE Director and State Geologist October 10, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7099 3220 0009 7703 6886 NOTICE OF VIOLATIONS OF MINING PERMIT Mr. Bonney G. Bright 5513 Buzzard Neck Road Virginia Beach, Virginia 23457 R. Mining Permit No. 27-49 Bright Mine Currituck County Pasouotank River Basin Dear Mr. Bright: Midhael asley. Gonemc, William G. This is to inform you and your company ofviolabons of thIe above r?fere: ce^ minir.= wer- ,it - After reviewing mining permit No. 27-49 files, this o flic-ehas determined ;,a: one c-.mcre of the conditions contained in your mining permit are being violated. The ccF:dition.s _,eiric ':iotafed are as follows: 1) Ooerating Condition No. 10C: Water leve!s in all m nii.�.-in i_ `:veils s=,al be measured and recorded weekly for the first 90 days crier an,V o_' activities at the site and weekly for the fol€owing 90 -'ays :,loon mnia'-ior, :)f dewatering'activities. Following this initial period, `he wells shall the measured monthly on the same day and''apprcximate time. ;,f cay. i ne st. tic water levels shall be measured with an accuracy of plus minus t3.1 foot and shall be referenced to a datum point and a record of water lever; maintained. The monthly precipitation and the volume of p€ grater discharge shall also be recorded. Copies of these records- shall be provides lo the Department on or about the end of each quarter. Static wafer level monitoring frequency may be increased or del,-_-_t as c_e:t.e:; appropriate. 7 12 N r" h 3aI.`SvU,^� Jli .-E ...--......--:.^✓:. 1�•: ...-ter ,'1..�. `.�:. .::J�1'_��.. v. ..._._... .....-.. CERTIFIED MAIL Mr. Smith Page 2 taken: This office has no evidence that any monthly precipitation and volume of pit water discharge has ever been submitted to this office as required in Operating Condition No. 10C of your mining permit . Also, a number of months of well monitoring information has not submitted. 2) Operating Condition No. 1 OD: An initial chloride sample shall be collected, analyzed, and recorded from each monitoring well prior to dewatering activities to create base line data level for the site.Furthermore, chloride samples shall be collected, analyzed, and recorded on a monthly basis from all monitoring wells (1 through 5) and from the 12 — inch discharge Aloe prior to the water ente`ing the outlet apron. As :noted aWove, mcnthly puminpinig withdrawals andrainfall amounts shall be measured and recorded a the site and reported to the Land Quality Section along with :he required monitoring well water level data and chloride data, on a quarterly basis. This office has no evidence that monthly precipitation and vciume of pit water discharge has ever been submitted to this office. Aiso a number of months of chloride analysis have not submitted lor sample taken frcm :;ne wells and only two chloride analysis have been submitted (for lvlay and J.:r, . 2007) for the puma discharge. In order to bring this site into compliance, the following' cor rective actions must te 1) WITHIN 30 DAYS OF RECEIPT OF THIS LE i ER s°�cmi :c this a��ice a ': Monthly pit disc;,arge volume and monthly precipitation hat'has beam recorded since mining activities stared at the site. Also submit any monitoring well data and chloride analysis for the months of June 2003, July 2006, August 2006, October 2006, November 2006, January 2007, Mai cn 2007, and April 2007, and submit any chloride analysis taken atthe discharge prior to May of 2007. 2) Follow all requirements of Operating Conditions 10C and 100D and submit this data and analysis to this office on or about the end of each quarter. CERTIFIED MAIL Mr. ;Bright Page 3 If the above violations are not corrected within the aiven_time periods following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars (S600.00) for each day of violation, beginning with the date of -lour receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may inc:ude seeking an injunction, crirninai penalty, revoking your permit or bond forfeiture procedures. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office offyour pla;:s tic correct the violations. Please do not hesitate to contact Mr. Pat McClain, 'PE. Regional Engineer. -at : _- 6481 or Mr. Floyd Williams, PG, State Mining Srpeciaiist, at (919) 7:J3-=B r 4 -ecar finc -; questions you might have about this matter. V truly yours, James D. Simons, PG, PE JDSIFPN cc: Mr. Pat McClain, PE - WARD Mr. Floyd Williams, PG Mr. Bradley Bennett - DWQ BONNEY BRIGHT SAND PIT #27-49 . Currituck Co. Pasquotank River Basin Oct-06 Call came in from ]on & ]eniffer Purnell 6480 Pocahontos Club Rd. Virginia Beach, VA Phone: 757-489-0506 cell:757-335-1674 NE corner of site plan -severe impact to road and marsh as stated by Mr. Purnell. There is an older mine site in VA just across the border which discharges a great deal of water. The NC mine site does not have a permit from DWQ due to the fact that it does not discharge. The water is transferred from one pit to another as needed. Mr Purnell has stated that the Bright mine is discharging from the NC mine. Pat McClellan from WaRO Land Quality section visited the site in Mid November. On that date there was no pump present and no discharge. Also, Ms. Michelle Hollis, from VA DEQ visited the site. They were concerned that Bright's was discharging (based on Mr. Purnells accusation) on the NC side and flowing to the VA side causing water quality violations. No discharge was noted on her visit either. Jim McConathy is her supervisor if you need to contact them for information. They plan another site visit on Nov. 29. She will let us know if anything is happening. Pat Durrett spoke to Michelle on 11/27 to confirm the above statement. In speaking with Pat (LQ), he said that he had driven around the area and could not get to Mr. Purnells on the north side (VA) due to the road being flooded. He did make it to the site using another route. Martin Hooker is his PE- design work out here head of wetland board 757-484- 0243 .. ' 1 � � - ' 1. .'� • � • A74 NCDENR Nom.. CG — txrMm.ryr o/ t:rweo.wo,u Km R�_ NOTICE OF INTENT Division of Water Quality I Water Quality Section National Pollutant Discharge Elimination System NCG020000 t" FOR AGENCY USE ONLY Date Received Year Mo th D Certificate orCuvere e Ch tc I mount t Permit Ass nrA to v „s DEC 15 ?.006 National Pollutant Discharge Elimination System application for coverage u" 6&r GeneralPeirinit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC' 14 Mineral Mining Industry (except as specified below) The following activities are also included: Active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations Storrnwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle process wastewater; and/or mine dewatering The following activities are specifically excluded from coverage under this General Permit: Peat mining, coal.mining, and metal mining Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations, and oil and gas extraction operations 1) Mailing address of owner/operator: Name Street Address City Telephone No. Standard Industrial Classification Code (Please print or type) Bonney Bright Sand Co 5513 Buzzard Neck Road Virg nia Beach_______ State _VA_ ,ZIP Code 23457 _(757 721-5823 Fax: 721 -50RA Address to which all permit correspondence writ be mailed 2) Location of facility producing discharge: Facility Name Bonney Bright SandcCo. Facility Contact Bonney Bright Street Address 100 Marsh Causeway _ City Knotts Island StateNC - ZIP Code 27950 County Cur r i t uck Telephone No. (7571 721-5823 Fax: (757 ) 72.1-5D88 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). North Carolina & V i r g Ai S ta-t e_ Line where state road 615 & Princess Anne Ro4j_Xeft_S__Mar h_catiseway (A copy of a county map or USGS quad sheet wllh facility clearly located on the map is required to be submitted with This application) Page 1 of 4 SWU-217-101701 t ti NCG020000 N.O.I. 4) This NPDES Permit Application applies to which of the following : ! New or Proposed Facility Date operation is to begin January 2007 ❑ Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code:1 4 4 2 6) Provide a brief narrative description of the types of minerals mined at this facility: _ Sand & Dmt 7) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: Mine dewatering:_—I__ Process Wastewater Overflow: Please provide short narrative description of discharges: Discharges. only if heavy _ ::rains cause over flow. 8) .-'Receiving waters: V11hat is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater .:discharges end up in? Back Bay _ If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 9) Does this facility have any other NPDES permits? $] N o ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 10) hoes this facility have any Non -Discharge permits (ex: recycle permits)? :0 No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? -J No ❑ Yes If yes, please briefly describe: 12) Does this facility have a Stormwater Pollution Prevention Plan? Zi No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? 13cNo ❑ Yes 14) Are mine dewatering discharges occurring? X7 No ❑ Yes SWU-217-101701 Page 2 of 4 N00020000 N.O.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? ® No ❑ Yes If yes, answer the following questions on the wastewater treatment system: a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). 'Existing treatment facilities should be described in detail and design criteria or operational data should'be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and specifications along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138. If construction of wastewater treatment facilities applies to the discharge of process wastewater, include three sets of plans and specifications with this application. b) Does this facility employ chemical additives to flocculate suspended solids? 12 No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ER No ❑ Yes 16) Hazardous Waste: _ a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? X2 No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? Ck No ❑ Yes c) 1s this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? IR No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored:_ How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 17) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document tiled or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders Inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine Page 3 of 4 SWU-217-101701 NCG020000 N.O.I. not to exceed $10,000, or by imprisonment not to oxceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 yoars, or both, rota similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be allached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDFS permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4.' 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters, agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Title: Pr(-Sident e) Of Notice of Intent must 46 accofnpanied by a check or money order for $80.00 made payable to. NCDENR Final Checklist This application will be returned as incomplete unless all of the following items have been Included: O' Check for $80 made payable to NCDENR This completed application and all supporting documents G3 . Copy of the valid approved mining permit for the facility © Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 - Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 4 of 4 SW U-217-101701 rrG / - Ole �� j O�OF W A r�9�G 0 lqiii� -c Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Alan W. Klimek, P. E. Director Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality Facility Name: Bonney Bright Sand Co. NPDES Permit Number: NCG 020701 Facility Location: 100 Marsh Causeway, Knotts Island, (Currituck Co) Type of Activity: Construction Sand and Gravel SIC Code (if applicable): 1442 Receiving Streams: North Landing River River Basin: Pasquotank River Basin, Sub -basin 03-01-54 Stream Classification: SC Central Office Staff Contact: Kelly Johnson, (919) 733-5083, ext. 376 Location: This facility would be a new sand mine on the border of Virginia and North Carolina. The site drains to the Great Marsh, which is not found in BIMS. As shown in Figure 1, Great Marsh is bordered by Back Bay to the north and the North Landing River to the south. Neither Great Marsh not Back Bay are classified in BIMS for this river basin. The facility therefore drains to the North Landing River. The Basinwide Plan also shows that the MacKey Island National Wildlife Refuge is just south of NC-615. This is not shown in Figure 1, but is to the slight east and south of this area. Regulated Activities: • The applicant requests a general mining permit including mine dewatering for times during heavy rain. • The Regional Office will conduct a site visit on January 24, 2007 following reports that the facility is operating without a permit. This mine has a DLR Permit (number 27-49), which expires in 2016. N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 GA, &COENR Customer Service 1-877-623-6748 .R NCG02070l Figure 1: Facility Location P Y� . r' `• 1 _� .�, r`r`•� Public Point _ v r —�. a ! Back Bay (Not in BIMS, .. - for Pasquotank Basin) Green Point • i — ,. un O IN - S f _ AII!2WAREACH -- � _ - .' V1RGiDuiA __ NORTH CAP cURRITUCK ' _ �' .° r.y`Great ° - Marsh Bonnev Bri-ht Sand Co F`oi t =�� ' +� (Not in BIMS, - O t " for Pasquotank z ' o- Basin) Sae � ,• � f° �-' •• s.••• ; I-. i •P r , • O r 4 p - 1 Gibbs Point Lis o ' a O a • � " e P _ fir•} .� J • o y •, " n �L 4& r North Landing River (Receiving Water) 2 4--.Pa (17 77711rin 1 mmo 9;1 � cwa O /ov '48 1 Sam S 4 MCA P �aYs+sral� � St� j alb )VVIYO) 777 e7F P Page 1 of 1 t 1� http://maptest.enr.state.nc.us/output/ibeamgis_NRMSITS0063324321652.png 11/28/2006 75 �-- 050�' ,r - fJ.i --- - `- -L4 - t rt/ar� ou Act you' z-Z-, C& 1 i 1 f oil.3 WATER Q r January 10, 2008 Mr. Bonney G. Bright Bonney Bright Sand Co. 5513 Buzzard Neck Road . Virginia Beach, VA 23457 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Departmenl of Environment and Natural Resources Coleen H. Sullins, Director Division or Water Quality Subject: Additional Information Request For Future COC NCG020701 Mod. Bonney Bright Sand Co. Currituck County Dear Mr. Bright: Your facility's Notice of Intent (NOI) for a permit modification to COC NCG020701 was received by the Stormwater Permitting Unit on December 27, 2007. However, a review of the NOI by the Stormwater Permitting Unit showed that the application is incomplete. Before the NOI can finish being processed please provide information regarding the following: 1) Since this NOI states that mine dewatering will be occurring onsite, information must be submitted regarding any; wetlands that may be potentially impacted and how wetland impacts will be avoided. Please submit two (2) copies ot'any information (wetland locations. O&M manual, etc.), plans, and calculations regarding the dewatering activities. 2) We do not charge a fee for modifications to a COC under a NPDES General Stormwater Permit. Therefore, your check no. 57451 for $100.00 is being returned to you. Please also be aware that if your project is located near wetlands, your NPDES permit will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http://h2o.enr.state.nc.us/suAForms_Documents:litm. See Section C, Part 1 of the permit on the page labeled, "Part III Page 5 of 9'; An approved Operation and Monitoring Plan is required for NPDES-permitted mining facilities. Discharging mine dewatering wastewater without Plan approval, and without a permit, will be subject to enforcement action. A Plan for your facility must be submitted to the Wilmington Regional Office within 60 days of your receipt of an NPDES permit. We encourage you.to contact Jeffery Manning at the Washington Regional Office at (252) 948-3966 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. If the requested information is not returned to my attention by February 11, 2008 your application will be returned as incomplete. tP hCarolina Natura!!il North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Intemet h2o.enr.statemc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 i An Equal Opportunity/Affirmative Action Employer— 50% RecycW10% Post Consumer Paper 0 0 COC No. NCG020701 Mr. Bonney G. Brigbt Bonney Bright Sand Co. January 10, 2008 If you have any questions, please contact me at (919) 733-5083. x 360. Sincerely, Robert D. Patterson, P.E. Stormwater Permitting Unit cc: Stormwater Permitting Unit Files Washington Regional Office, Jeffery Manning r,. 1, BISSELL 1041 SITE m LN 13 Wei -.1#1 252! F A X C 0 V E R Date.* February 12, 2007 Send to., NCDENR — DWQ Attention., Jeffrey A. Manning Fax number. 252-946-9215 From., Mark S. Bissell, P.E, Project lVame: Bonney Bright Mine Project Ivamber.. 4087 TOTAL PAGES, INCLUDING COVER: Six comments.. Mr. Manning: Please see enclosed letter and lab reports for the above mentioned project regarding the Notice of Violation. If you have any questions, please let me know. Mark S. Bissell, P.E. P.O. Box 1068 3512 N. Croatan Hwy. Kitty Hawk, N.C. 27949 Phone: 252-261-3266 Fax: 252-261-1760 Email: mark@bissenprofessionalgroup,com W6bsite: http://www.bisselipr<),'essionalgroup.com I D.-Tel MUM roulf-I . • Ike 600�tal�xpr� February 12, 2007 Mr, Jeffrey A. Manning Environmental Specialist Surface Water Protectlon Section Washington Regional Office Division of Water Quality 943 Washington Square Mali Washington, NC 27889 RE: Notice of Violation Bonney Bright Sand Company Currituck County, NC Dear Mr, Manning: As requested by Mr. Bonney Bright and in response to your Notice of Violation dated January 29, 2007, we made a site visit to the Bright Mine last week for the purpose of evaluating the de -watering operation at the mine site. At the time of the inspection, no de -watering was taking place, and we were advised that none had taken place since the Notice of Violation was issued. From the site inspection, it was not possible to determine whether or not a violation had occurred. It was reported that approximately two weeks prior, there was a three inch rainfall that may have overloaded the ditches; however, it is difficult to determine whether any mine water discharged in connection with the storm event. )L We obtained copies of lab results from samples taken at the approved ditch overflow on the Virginia side of the mining operation, which indicate total suspended solids in the rp range of-7 to�-par 10ts per-inillionYfrom these ditches. If there was an overflow on the �" North Carolina side, we assume that the quality of that water would have been similar to what had been tested on the Virginia side, and would not have resulted in environmental degradation. Copies of those tab reports are included. At Mr. Bright's request, we are evaluating ways to improve water retention on the site, and will be forwarding those recommendations in the near future. Please let me know if we may provide any additional information at this time. Sincerely yours, BISSELL PF QFE SIGNAL GROUP Bissell, P.E. Mr. Bonny G. Bright P.O. Box 1068 ■ 3512 N. Croatan Hwy. ■ Kitty Hawk, NC 27949 252.261-3266 ■ Fax: 252-261-1760 0 E-mail: bpg� bissellprofessionalgroup.com Feb dB 2007J 3:35PM FOP LASERJET FFIK 02/08/07 14:10 '8757 422 9176 J;;1l,YCS 1AA 111e CYPRE5$ AVEWE MRGINIA BEACH, vA23a61 TELEP"ONE 757142511498 FACSIMILE 757/A22/9176 C l"Iftab of / nWISIS M BONNEY BWGHT SAND ATTN: MR. BONNEY HK 200 PRINCESS ANNE RD. VIRGINIA BEACH, VA IMPANY SAMPELDSDIFiIOAf Water Sample received: 01/30/07 1630 Sample collected: OV30/07 1450 Sample marked; Sand Pit filch Overflow Sampled by: M. Turner a, f J1.1. VA PF"Tfi VAGS43 )2 —�'2— 1 c p.2 (�402/A02 AWLYnCAL CREMl&TS W� 02/07/07 AIAY5ISi+ MOERD7--0442 DATE & TIME NU OF-AJAWLYSAS PH 6.54 EPA ISO.] 01/30107 @ 1454 ToW Suspended Solids 7.4 mg/L Lq EPA 160.2 0210S/07 @ 1033 A ANAL'YST MT LS Fi-b 07 2007 8: 50AM HP LEASER JET FFIX �.• .t Erg YZ a � '� .tif. 1 I11a CYPRESS AVENUE VIRGINIA BEACH, VA23451 TELEPHONE 7571425/1498 FACSIMILE 7671422/9176 CaNcub of Analysts ANALYTICAL CHEMISYS BONNEY BRIGHT SAND COMPANY DATE12/20/06 ATTM MR. BONNEY- BItIU IT 200 PRINCESS ANNE RD. VIRGIMA BEACH, VA 23,157 SAMPLE DESWPMON WaterAwu.YSIS NWKR 06-5499 Sample received: IV12/06 a@' 1730 Sample collected: 12112/06 C 1558 Sample marled: Sand Pit / D tch, Overflow Sampled by: K Tumer a I J.L.I. VA PERMITO VAGS43032 DATE & TIME ANALY5I5 CULT METHi3U OF ANALYSIS ANALYST PH 6.57 EPA 150.1 12/12/D6 @ 1559 MT Iota! Suspended Solids 8.0 mg/L 1.0 EPA 160.2 12/18/06 @ 0948 LS Chemist FP-6 07 2007 8:50AM HP LASERJET FAX P. 1116 CYPRESS AVENUE VIRGI"A BEACH, VA M451 TELEPHONE 757/425/1498 FACSIMILE 7571422/9176 CerhliCat of Analysis 70 80NNEY BRIGHT SAND MI A7rN: MR. BONNEY BR HT 200 PRINCESS ANNE RD. VMGINTA BI;AC;H, VA 2 4-57 AWALYTICAL CHEM LSTS ANY nAr 08/31/06 SMAPLE DESCRIWMN Water Sample received: 08/28/06 1630 Sample collected: 08h8J06b 1359 Sample marked: Sand Pit / itch Overflow Sampled by: 11✓1.. Turner f 7.L.1. VA PERMIT# VAG843012 ANALYSIS RESULT S PH G_74 Method: EPA 150. I Total Suspended So1Ws 10.5 mg/L 1 Method: EPA 160.2 ANALYM NUMBS 06-3705 TYPE. OF DATE & TEWE SAMPLE OF ANALYSIS ANA%XST Grub 09/28/06 C 1400 MT Grab 08129/06 (ub 0912 I's Derdst APJ!A S 1 L&PA LSM IN ki. MlAOM LO&W 014ym. L SrATM. P S F66 07 2007 8:508M HP LRSERJFT FAX 01/22/07 00:26 0757 422 0176 EWIVGS LAB I F'I VENUE VA VA 3 2 13ONNEY BRI. ,G. •� W SAKI I TO COMPANY ATTN.- MR. BONNEY A GHT 200 PRINCESS ANNL FU V[RGINIA BEACH VA 23457 p.4 �nal�aa7 ANALYTICAL CIlIMISl DAM 061GV06 SAIuII'LLOESCitlPiloN Water AVRlV5t5 M1FIBER 06-2111 Sample received: 051241@ 1600 Sample collected: 05/24/06 t@ 1340 . Sample matked° Sand. Pk 1 Flitch Overflow sampled by,. M. 3` r of I.L,I. VA PI✓ILMIT# VAG8430 12 TYPE Or DATE & TIM19 ANALYSIS We SAMPLE OF ANALUSIS ANA�,YS7' PH 6.48 Grab 05124l06 c@ 1343 MT Method: CPA 150.1 Total Suspended Solid's S.7 mg/L 1,0 Grab 05/31/06 @ 1010 LS Method- EPA 160.2 Ad V�5010-W.V,1504,-FA ''!�h.: i.i-#�'IITF�/I�.r ft'161[?!l►fit7�' NCDOT Ferry Division: Ferry Routes - Currituck / Knotts Island Page 1 of 1 a NCDOT FERRY SYSTEM 0 History 1+, Ferry Routes 2 Galleries 0 Ferry Pictures 0 Lighthouses 0 Our State Magazine 0 Driving Directions ❑ Traveler Information 0 Ferry Security 0 Env, Mgmt. System HOME CONTACT SEARCH! HOME » FERRY ROUTES: Currituck / Knotts Island 0 Currituck : Knotts Island Currituck Knotts Island YEAR-ROUND DEPARTURES 6.00 a.m. 7.00 a.m. 9.00 10.00 11.00 12.00 p.m. i0o 1.00 P.M. 4.30 3.30 6.30 5.30' , Departs at 5:45 p.m. when school is in session Crossing: 45 minutes Fare: Free Terminal Information: 252,232.2683 Traveler Information: r Currituck County: 1 Currituck County Department of Travel S Tourism www.visitcurrituck.com 252-232.2708 Currituck Outer Banks Visitor's Center 1 877.287.7488 252.453,9812 Schedule Download: Ferry Schedule (930 KB) Download it here. VJder Adobe Need Acrobat? Sao Reader Download it.here.. �1 The North C �+ Department ira_nspo.rtat http://www.ncdot.org/transit/ferry/routes/schedule/routeOO I .htmi 3/25/2008 ,. .j r I � ' .. � � ' 4t:1JE1(j J3,gMU,1034; !nF:u� ���� North Carolina Department of Environmental and Natural Resources _ _ Division of Land Resources Land Quality Division Attn: Floyd. R. Williams Dear Mr. Williams, FEB 12 2008 n �/4 � h.tlw � We have sent to you a copy of the complaint that we have made against Bright Miiung (concerning the® Ctmituck County mine pit) to the North Carolimi Board of Examiners for Enginlol' s and S"o'rveyors s r As you can see from the documents provided, the engineering hrni and for the law firm that provided you with information appear to be inaccurate. Therefore. the data they submitted to your organization for the approval of this mine pit could not be accurately reviewed by your department. This situation also carries over to the Currituck County Board of Commissioners when they approved this project. At the very least, it appears that the engineer omitted Virginia SR 616 -Pocahontas Club Road from the site plan, as stated by the city of Virginia Beach {see copy of letter attached) and confirmed by the Virginia Department of Transportation. Your letter dated June 29, 2006 stated that the recently permitted Bright Mine would, in you cw;rn -fiords.. "cease any further mining activities within the 20 foot purported casement and with iu 50 feet on either side of the purported casement until this issue is resolved" We A ill be keeping you updated on the complaint. We have also provided you the baseline info of our drinking nvell, and (be current test results indizate that there is a 133% increase in the Chloride contained, in our drinking water. Please note the max allowed by NC & VA Health Dept. is 250 mg/1 and we currently tested at 233 mgil. We know that this information, once reviewed by the proper parties, wil± once and for all end this issue and vindicate our position we have always stated. Sincerely, Jennifer and John Purnell 6480 Pocahontas Club Road Va. Beach, Va. 23457 Enclosures:.. . 1-E-mail of the base line of the water analysis for our will in Feb. 2001. 2-Copy of most recent analysis of the same drinking weli at 6480 Pocahomns C1111, Road, Va. Be,101. Va. 23457 3-Copy of your letter dated June 29, 2006. 4-Copy of the letter from Robert L. Outten 5-Copy of Complaint form to North Carolina Board of Engineers for F"gincer s and St;rvgors 6- Copy of the letter issued to Bonney Bright concerning VA SR 616 (Pocahort::s 0115 Road) CY: Richard Quinn- Staff reporter for the Virginia Pilot Newspaper JCurrituck Count Planning Department Environmental Protection AgencyF—' " Tint Kaine, Governor of Virginia - I 07110 / 2 006 13 : 09 9197158901 NC DENR DLR PAGE 02 fiTW'--;AwA C EN North Carolina Depaitment of Environment and Natural Resources Division of Land Resources Land ouanty section ,fames D. Simons, PG, PE Director and State Geologist June 29, 2006 CERTIFIEd_ MAIL RET RN ECEiPT QUESTED 7003 0500 0002 7858 1783 Mr. Bonney G. Bright 5513 Buzzard Neck Roar! Virginia Beach, VA 23457 RE. Bright Mine Mine Permit No.27-49 Currituck County / Pasquotank River Basin Dear Mr, Bright: Michael F. Ewlay, Governor William G. Russ Jr„ Secretary This office has been notified by Mr. John, Purnell whom resides in Virginia that there i5 a deeded 20 foot easement that goes through your recently permitted Bright Mine: in Currituck County. Mr. Purnell is contending that the hatched lined road going through your mine site as indicated on the attached map is approximately where the easement is located. Please cease any further reining related activities within the 20 foot purported easement and within 50 feet on either'.stde of the purported easerent until this issue is resolves}. If you have any legal documents that indicates an easement does not exist, please provide this office with such documents. Sincerely, Floyd R. Williams, PG, CPG, GPM State Mining Specialist Land Quality Section FRW/frw Enclosures Cc� Pat McClain, PE w/enclosures 1612 Mali Service Center, Raleigh, North CaFolina 27699.1612-919-733-4574 f FAX: 919-715-BBOI 512 Wr,h Salisbury 5treel, Raletgh. Noifh Carolina 276Qa An Eottai Opportunity 1 Af ifma,iv2 Acl3on Employer — 50% recycled 1 10"A r'osi Consumer Paper 6A Y , , " ti � -44-Vt,V4 rnn, VBgovxom ormE (w Twe dxry ¢rtNWXR w"wcwu Cj)rM M3"+,ar SL=002 Akx dam» 90"M 2AM C0Ugn, DS►6L! %AAGNA BEACH. vi=MLA "4*00r December 18, 2007 Mr. Bonney Bright Bonney G. Bright Sand Company 5513 Buzzard Neck Road Virginia Beach, Va 23457 Subject✓ EPA AdmWstrative Order and Poeshoutas Club Road Dear Mr. Bright: The City of Vintginia Ekach has been noticed that the Environmental Protection Agency (EPA) has found your boow pit discharge inconsistent with the terms of your Virginia Pollutant Dischuge Elimination Peanit (VPDES)_ While meeting the discharge limits in your permit is solely an issue to be resolved between you and the EPA, the City must also maintain a stormwaur permit for its municipal drainage system. only perxnitte d industSrW disclarges are allowed within the City. Failure to maintain or m cet the reguiterneW of your pm nit is a discharge violation and doors not sheet the tetras of your conditional use permmit. Please provide documentation that you have resolved the issues associated with the EPA AdminisiJtaRve Otder wiilin 60 days of the date of this letter or the City will have no arecaurse but to revoke your conditional use pent. An additional issue has occu=d regarding Pocahontas Club Read. Resc=b has revealed that public access has historically existed for this moved roadway from the improved portion of this road to the North Camlina state line. Your drainage ditch is impeding sucb access. Please resolve this access bloclmge or the City will be Forced to restore access in a manner that may not serve your cumnt drainage needs. While there are several City agencies associated with the above, please feel free to contact rue at 385-4131, or a ui i1 r o a v aov m• if you have any quesdons or for assistance in resolving th str issues. Sin craly, ViAlliam J. Johnston, P-E. rc: Karen Lasley Jinn Lawson Phil Davenport •� a �• 7 �:� 1. '1 �, .a � � • 1 � t. a • - ' alt • • � r �1. it .•. lta ,r 1� . . � i y� � � � V. ....rw r141. .a, •.F.1 . , a +.� e � �. ..r•... lw.�.rw.. w.. ' .. •s. _� _ � r . Fab-IA-07 12:41pm From -EPA REGION a--WPEB-2 +40456297' r. T-701 P 002/003 F-754 �oF wArFRQ _ Michael �_ Easicy, G(ivcrnar (� G William G. urns Jr., secrcmry 7 North Carulina Dgpartmcnt of Enviro=cal and Natural Rno=es _{ 0 � Alms W_ Klimcic, Y.E. DiTmtnr Division of Water Quality January 29, 2007 CERTIFIED MAIL 7006 0100 0000 8379 4102 RETURN RECEIPT REQUESTED Mr. Bonney G. Bright . 5513 Buzzard Neck Road Virginia Beach VA, 23457 Subject: NOTICE OF VIOLATION NOTICE OF RECOMMENDATION OF ENFORCEMENT Bonney Bright Sand Co. Currituck County Dear Mr Bright: This letter is to notify you that the Washington Regional Office of the Division of Water Quality is considering forwarding a recommendation for enforcement action to the Director of the Division of Water Quality. The recommendation concerns the violations of NCGS 143-215.1, illegal discharges at the mine facility located at 100 Marsh Causeway, Knotts Island, Currituck County, North Carolina. Jeffery A. Manning, of the Division of Water Quality, made a site visit to the Knotts Island mine site on Wednesday January 20, 2007. 1 understand per your cot lversation with Mr. Manning upon his site visit that your facility has dewatered and discharged to waters of the state of North Carolina without a permit. Picase be advised that NCGS 143-215.6 of the state Water Quality Statutes provides: "A civil penalty of not more than ten thousand dollars ($10,000) maybe asst.ssed by the [Environmental Managunent] Commission against any person who is required but Fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit." NCGS 143-215-6 further provides that "if any action or failure to act is continuous, the Commission may assess a penalty not to exceed tern thousand dollars (S10,000) per day for so long as the violation continues." Please respond in writing to the Washington Regional Office within ten (10) days after receipt of this Notice. Your explanation will he reviewed and if an enforcement action is still deerned appropriate, your explanation will be forwarded to the Director with the enforcement package for his consideration. Failure to respond within the time specified may result in the issuance of a cavil penalty. I rontc=lina iturally P42� ces U— n:.:y on aC Yrwscr Quaticy Wastnnwan RC91OT O OMCC (: 52) 946i-�a t C'"'OTMU ")C.wtt:c Internet_ www.ncwarerqualiry.org 943 WnshingtouSquare Mal], WashingTon. NC 27889 FAX (252) 946-9215 1-877-623-6748 An cqua7 oppartunhy/Afflrrm fM Action Employer- 50% Regy lecVI O% Pail Cons=vr Papor Feb-16-07 32.42pm From —EPA REGICiy -A-.YMB-2 +4045629728 T-701 P.003/003 F-754 If you have any questions you may contact Jeffery A. Manning, Environmental Specialist, at (252) 94.8-3966. Sincerely, -v Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc- WQ Central Files Pat McClain -Land Quality, Washington Regional Office Kelly Johnson -Non -Point Source Planning, Raleigh Regional Office WaRO Enforcement Files 2 PutnclIMM f -03 DEED OF CORRECTION Tax Exempt Pursuant to 658.1-810(2) THIS D1+:I, D OF COPMECT1ON, matte this 270' day of January, 2005, by find between SAMUEL I. WHMTE, P.C., Substitute Trustee, GRANTOR., party of the. first part, and JENNIFER L. ORR, GRANTEE, party of the second part, whose address is: 1911 Clifton Road, Virginia Beach, VA 23457. WITNESSETH THAT WPEREAS, by deed dated November 6, 2003, recorded in the Cleric's Office of the Circuit Court of the City of Virginia Beach on January 14, 2004, in instrument No. 200401140007927, Sara tiel 1. White, P.C., Substitute Trustee, conveyed the hereinafter described property to Jennifer L. Orr, following a foreclosure sale which had been conducted on November 6, 2003; and HEREAS, said foreclosure deed contained a legal description which was incorrect, and it is the purpose oftHs deed to correct said legal description. NOW THEREFORE. this deed, that for and in consideration of the sum of Ten Dollars ($10,00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said Grantor does grant, convey and hereby confirm title unto the said Grantee in and to the following described property, to -wit; THAT CERTAIN tract of land, with its appurtenances, situated on Morse's Point, fit the City of 'Virginia Beach, in the State of Virginia, being bounded and described in prior conveyances as follows; BEGINNING at a post Haar the angle of the road separating the tract hereby conveyed from land of best, where said road runs northerly; running thence S. 21 degrees E 1,000 feet to the Virginia -Carolina State line; thence with said line N 56 degrees W 400 feet; thence N 38 degrees 45' W 700 feet, more or less, to the aforesaid road; thence along said road, N 51 degn= 15' E 605 feet, to the point of beginning; containing seven (7) acres, more or, less, m shown by a plat thereof annexed to the deed from John C. Cason, et al, to E.A. Shaw, recorded in the Register's Office of Cunituck County, North Carolina, in Deed Book 47, at page 80. 'nw property is also described by reference to a plat entitled "Physical Survey Parcel Indicated as Reid 9.6 Acres Plat of Flyway by S.W. Armistead July 1930" dated November 6, 1999, trade by Bonifmu Ismd S'urveys, Phil M. Bonifant, L.S., a copy of which survey is recorded in the Cleric`s Office of the Cia:uit Court of Virginia Beach, Virginia, in Deed Boob 4213 at page 1254 and by this reference made a part hereof, by the following courses and distances: COMMENCING at the Virginia North Carolina line monument #4, said monument being in the Virginia - North Carolina state Line where said line intersects Princess Anne Rd. (State Route 615) monument being on the eastern side of said road. Thence running along the aforesaid state line S 83 degrees 43' 40'E 3.106.56' to a point, thence N 30 degrees 19' E 14.82'to a point marked by f IN 0 a 4" cast iron pipe imbedded in concrete broken off at its base, thence N 37 degrees 46'W 740.0' to a 4" cast iron pipe imbedded in concrete broken off at its base in the southent edge of 70' Right -of -Way described in Deed Hook 47 at Page 80-83 of the Clerk's Office of Currimck County, North Carolina (Pocahontas Club Rd_), thence N. 52 degrees 14' E along said Road 435' more or less and extending beyond the bend of said road 170' more or less a total of 605.0' to a 4" cast iron pipe imbedded in concrete in the marsh, thence S. 20 degrees 10' E. 1078.9' to a 4" cast iron pipe embedded in concrete on the Virginia — Noah Carolina state line, thence along the aforesaid state line N 83 degrees 43' 40" W. 406.92 to the point of begittniitg, Containing 9.573 Acres. TOGETHER with the easement to the public road leading from Knobs Island to Norfolk (Princess Anne Road)lcreated in the deed from John C. Cason, et al, to E.A. Shaw, dated August 23, 1904, mid recorded In the office of the Register of Deeds for Cyrrituck County, North Carolina, in Deed Book 47, page 80, a copy of which is recorded in the Clerk's Off -we of the Circuit Court of the City of Virginia Bcacb, Virginia, in Deed Book 4213 at Page 1252, TOGETHER with an easetent over the undeveloped portion of Pocahontas Club Road across the property formerly belonging to John C. Cason, and currently belonging to Bonney T. Bright leading to the developed portion of Pocahontas Club Road. Subject to a Right of Way Agreement dated September 5, 2001 in favor of Virginia Electric and Power Company and recorded in Clerk of Court, City of Virginia Beach, Virginia in Deed Book 4522, at Pape 505. 1T BEING the same property conveyed to Jennifer L. Orr (now known as Jennifer L. Purnell) by deed fzom Samuel I. White, P.C., a Professional Corporation, Substitute Trustee, dated November 6, 2003, and duly recorded in the aforesaid Clerk's Office on January 14, 2004, as Instrument No. 20040I 140007927. This property is conveyed subject to all conditions, restrictions and easements, it any, of record, constituting constructive notice. rN WITNESS WHEREOF, the Grantor on the day and year first above written, has caused this instntntent to be sighed and sealed. SAMUEL 1. WHIT-B, P,C. BY: Carolyn B. 1..een, Vice President STATE OF 1J11MINIA CITYICOUNTY OF VIRGRiIA BEACH The undersigned, a Notary Public in and for the city and state afotesaid, do hereby certify that Carolyn B. I.een, Vice President of Sarnuel 1. White, P.C., a corporation, whose name as such is signed to the foregoing deed dated January 27, 2005, has acknowledged her signature before the undersigned. Given under any hand and notarial seal this _ day,of , 20115. Notary Public (SEAL) My Commission Expires: rrepmad by: Sdnncl 1. whho, P.C. 0 This in to certify that =; on 6.11ov+ember 1999, surveyed the property shown thia plat, and that the title lines and the AU440f the buildinga are as whom an this ;plat. THOn The buildings -stand strictly pt a thin the title 1 there no enc =acbmat�s of other buildings on the property, A94 232 P. e� tF1 C4nd 1 2D' R1W !m 47, P, W • ( CCL 14 4. (F) It'se 9,= A&= NAr - iParcnl indicated as REM - 9.6 Acres PLAx' 'F FLYWAY by A15C AMWAkW . +D i9� Virg a Beach,t Virginia Scale 1• - 2000 6 fiber 1999 Made for .lum W. Fumag j ...yya .�, stir i4:�c-�f� �•x Nk (F) �w ) N MC 4W 40" V lltarih Cava" "This property appears to lie Boni.fant Land Surveys Within flood zone AE (B2 5) P.O. Bcm GU S Panel 105.. of 109 Virginia Beach, Va. 23456 co:sasunity-No. 515531 3 . Permit Number Facility Name FACTYPE FACLASS VAG840148 BONNEY BRIGHT SAND COMPANY (FRMRLY. IND SMALL VAG843032) ' Inspection Type INSPBY INSPDATE RPTDATE SCHED ANN TECHNICAL SJL 10/12/2006 10/19/2006 N N LAB RATING TILL NOT PERFORMING ALL AS REQUIRED BY PERMIT AND THE SWP3. DMR SPORTING PROBLEMS FOUND. CONCERN FOR DISCHARGE FROM THE Nc.PIT WOUNDED AT THE TIME BUT IS POSSIBLE OWTHE PIT START TO PUMP LATER. EAT IAR WUNOV ISSUED WUNOV RESOLVED 10/19/2006 im f�j rrecommended COMMONWEALTH of 'VIRGINIA DEPARTMENT OFEIMRONMENTAL QUALITY MEWMER REGIONAL OFFICE L. Ptcaton Bryao� Jr 5636 Southern Boulevard, Virginia Bea--14 Virginia 23462 David K. Paylor scactary of Nahz-4 Rcsour= (757) 518-2000 Fax (757) 5 f 8-2103 Duertor www.dcq.virgiaia_gov Francis L. Daniti Regonal Dimtor NOV 06 Mr. Bonney Bright, Owner Bonney Bright Sand Company 5513 Buzzard Neck Rd. Virginia Beach, VA 23457 Re: Technical Inspection Report (200 Princess Anne Rd.) (VAG840148) Dear Mr. Bright: Enclosed is a copy of the technical inspection report prepared for the inspection conducted on October -12, 2006. Please note the deficiencies cited in' this report and implement appropriate corrective measures in order to ensure continued permit compliance. Due to the deficiencies found, a Warning Letter is also enclosed. Within fifteen 15 days of receipt of this report, you are requested to submit a letter documenting that the necessary corrections have been made. One response to both the inspection report and the Warning [_titter is acceptable. If you have any questions regarding this report, please feel free to contact me at the above address or telephone (757) 518-2027. - Sincerely, Steve J.E. i_on Environmental Specialist II Enclosure cc: DEQIOWCP: S.G. Stell DEQfTRO: File, D.Kay BONNEY BRIGHT �. dd[ess � 200 PRINCESS ANNE RD_ in f"7 ". VIRGINIA BEACH, VA 23457 �°nt Gtl f�lei;•< VPDE�� VAG840148 DEPARTMENT OF ENVIRONMENTAL QUALITY STORMWATER GENERAL FACILITY INSPECTION REPORT nspection date: October f2, 2006 Date form completed: October 19, 2006 . nspection by: Steven J.E. Long Inspection agency. DEQITRO lime spent: 3 hours � 7eviewed by: Kenneth T. Raum 'resent at inspection: Michelle Hollis — DEQ Permit Writer Larry_ Smith - Pit Foreman, Bonney Bright — Owner h IYPE OF INSPECTION: Routine '� Reinspection Comp lianWassistancelcomplaint Date of previous inspection: AJ DEQITRO Term: 7/1/04-6/30/09 Other. Nan -Metallic Mineral Mining Storm Water P3 available and up dated? PII YES ,j NO Outfalls Identified in SWP3? Site Map with Drainage and Flows available? ?II, H.2.a.1 YES NO X Has there been any new construction? If yes, were the plans and YES NO ecifications approved and the SWP3 amended? PII.G Housekeeping and Preventive Maintenance? Pit, H.3.a & b YES d NO Inspections (113M) Pit. H.3.d YES NO X Training (Annual) PII, H.3.c YES NO X Visual Examinations of Stormwater Quality performed and documented? PII, YES NO H.3.d na Comprehensive Site Evaluation and Report. Certification of Compliance or YES NO X issues of non-compliance? PII H.4 Oil or other Hazardous Spills? PII,H.2.a.1, Pill, B.4 YES NO ,( If sampling is required is it performed correctly and documented? PI,A.1 YES NO X Results and records available? Pil, H.3.d YES NO COPIES TO: (x) DEQ/TRO; (x) DEQIOWPP; (x) OWNER; () OPERATOR; () EPA -Region Ili; () Other: or those items marked with an X or a ,! see the summary section and the Inspection Comments. Facility: Bonnie Bright San_. moo. � VAG840148 • v - rn •�fPi�. seta �� nnc �'ILTw'1. F�'� �- F - `� YES N� Are vehiclestequipment utilized maintained to prevent discharge of POL? ,f Sewage disposal acceptable? If there is chemical addition was it included in the approved registration statement? na Was a new registration statement provided with changes to the Division of Mineral Mining ermit? na. Spill requirements met? na Are all discharges except those allowed permitted prevented from leaving the site? 4 Co -located Asphalt plant — if present are discharges prevented or covered under a different permit? na This site visit was performed in response to a complaint from John Purnell, an adjacent property owner, who stated that another Nonmetallic mineral mining pit was being excavated in North Carolina and discharges from this pit wete entering Virginia state water_ There is no record of a permitted discharge from this new facility and an inspection was conducted to determine Ef any discharges were occurring that needed permitting_ _While in the area and-onsite at the permitted facility, an inspection was performed. _ On arrival to the site met personnel in the site trailer and they contacted Larry Smith the Pit foreman. Discussing the N.C. operations with personnel In the trailer they provided that pumping out of the pit has not started. The only work currently being performed at the N.C. pit was building of the perimeter berm. Mr_ Smith arrived and the purpose of the visit was discussed providing information concerning the complaint and the intent to perform an inspection of the currently permitted facility. Mr. Bonney Bright, owner of both facilities, was contacted and was in route to the site. The inspection for the permitted facility was started with Mr. Smith with a review of the pit operation, changes noted since the last site visit, and inspection of the two permitted discharge points. A second outfall was added as a result of the inspections performed May 2005. These site visits determined that there were discharge points at the northwestern corner and at the soutl�eastem corner. The northwestern outfall, 001, is at the beginning of a ditch line that ends in the southeastern corner. The pumped discharge flows to this area with the majority of the flow going towards the west and eventually discharging out of Outfall 002. Outfall 001 is a flood control gate that will allow for a discharge towards the west and Princess Anne Rd. Facility personnel are trying to prevent discharges from Out6ll 001 by keeping the gate closed. Most of the water is diverted towards Outfall 002 but there remains a very' small amount of discharge from this structure. The small discharge needs to be eliminated or it must be monitored. No significant issues were observed throughout the facility. Several stock piles In areas that would have erosion issues were covered with vegetation. This practice, whether actively planted or from natural growth, should be continued. If stockpiles are maintain without vegetation, any stormwater discharges should be directed to the pit. Discharge from Outfall 002 was observed with some turbidity though not thought to be excessive. A review of the records was attempted but most of the records were not maintained onsite. THIS CONTINUES TO BE A DEFICIENCY AFTER SEVERAL VISITS AND DISCUSSION WITH SITE PERSONNEL AND THE OWNER. The Stormwater Pollution Prevention Plan was on site and briefly reviewed. The plan needs to be reviewed and edited to ensure that it meets all content requirement as detailed in the permit. Specific issues include: • Site map needs to be updated to include all items as listed in Part II, H.2.a.1 • The frequency of training must be specified in the Stormwater Pollution Prevention Plan. • The frequency of inspections (Part 11, H.3.d) must be specified In the Stormwater Pollution Prevention Plan. • The Comprehensive Site Compliance Evaluation Report or the Certification of Compliance is not included m Facility: Bonnie Bright Sari_ .o• - -- --- I - - -- I VAG$4014$ _-- These specific items were discussed with Mr. Bright and'4he missing records were requested. Records were received on October 18, 2006 and reviewed. Several deficiencies were found in the records and_are reviewed below. A site map with several items was provided but still doestinot include all of the information as required. A listing of the items required to be on the site map was provided to the owner for development of the map but this has yet to be completed. THIS IS A REPEAT DEFICIENCY FROM THE LAST SiTE VISIT. THE LIST AND THE PERMIT NEEDS TO BE REVIEWED SO THAT ALL ITEMS AS REQUIRED BY THE PERMIT ARE INCLUDED ON THE SiTE MAP. The most notable items missing from the map are the drainage patterns for the discharges and the locations of the outfalls. During the site visit and discussions conceming the required inspections, Mr. Bright stated that daily inspections were performed and documented though the documentation was not available onsite. The last seven days of inspection records were requested for review. Ten records were submitted and ranged in dates from January 16 to September 1, 2006. Most of the records only provide "Pit ok" or "Pit good" with a couple noting "Pit wet" and had Mr. Bright's initials. The inspection requirements are found in Part 11, H.3.d and specify the items that are to be reviewed and inspected. The records submitted do not meet the inspection requirements as specified in the permit. These are the first records for inspections that have ever been submitted by this facility. The last full inspection determined that the Stormwater Pollution Prevention Plan had not been developed nor had the required inspection been documented. THIS IS A REPEAT DEFICIENCY FROM THE LAST SITE VISIT, THE INSPECTION ROUTINE MUST BE EXPANDED TO MEET THE REQUIREMENTS FOUND IN THE PERMIT. Ensure that the records include the date and time of the inspections, any findings, and the corrective measures for those Training for Stormwater Pollution Prevention is required, at a minimum, annually. Records of training were submitted but from the subject matter documented on these records, nothing concerning Stormwater Pollution Prevention was reviewed. Several individual records for "Annual Refresher Training RecordlCertification" were provided with the subject "relevant to mining operations" noted. Furthermore, these records are not valid as they have not been signed as required. As with the inspection issues, these are the first records submitted for training since previous inspections did not have training records provided. THIS IS A REPEAT DEFICIENCY FROM THE LAST SITE VISIT. TRAINING, SPECIFIC FOR STORMWATER POLLUTION PREVENTION, MUST BE CONDUCTED AT LEAST ANNUALLY. A Comprehensive Site Compliance Evaluation, required at a minimum annually, was not Included in the documents submitted for review. An "Inspection Report" from the Division of Mineral Mining was submitted documenting the training conducted on 2115106 by DMM personnel but does not meet the requirements of the evaluation as specified in the permit. THIS iS A REPEAT DEFICIENCY FROM THE LAST SITE. A COMPREHENSIVE SITE COMPLIANCE EVALUATION MUST BEICONDUCTED AT LEAST ANNUALLY. All laboratory information for the last two sampling events was,requested for review. The records received included the Certificate of Analysis for the last two sampling events and the DMR for the third quarter. A copy of the 2"' quarter DMR was retrieved from the file. Chain of Custody records were not provide as requested and therefore, could not be reviewed. From the Certificate of Analysis, the "Sample marked" provides'"Sand Pit/ Ditch Overflow" and does not specify which outfall is being sampled. It is believed that the southeastern corner discharge, Outfall 002, is being sampled. The Discharge Monitoring Reports are for Outfall 001. It is believed that these results are being submitted on the incorrect DMR form since all information concerning the sampling point has been for Outfall 002. Outfall 002 was added to the permit on 611/06. Since this is the location at which a majority of the water is actually discharged it was suggested that this be the monitored outfall. With the sampling performed on 5124106 and 8/28106, monitoring should be performed and documented from Outfall 002. As provided by facility personnel, discharges from Outfall 001 are attempted to be prevented. The discharge at this location must be eliminated otherwise monitoring must be performed. With the addition of the second outfall, two DMRs must be submitted, one for each of the Outfalls. If "No Discharge" Is maintained at Outfall 001 this DMR still must be submitted with the statement of "No Discharae". I Facility: Bonnie Bright Sam- .0. VAG840148 Average flow estimation is recorded as 0.004 and 0.005 MGD for the two periods reported with a maximum of 0 .06 MGD. The flow should be estimated from the day of sampling and since there is only one estimate, the average should be the same as the maximum . The estimated flow can be determined from the pump rating and the amount of time that the pump is on for the day of sampling. For a typical day, with a rate of 40,000 gallons er.hour and purneingconducted for up to ten hours, the estimate flow would be 0.4 MGD. The North Carolina pit was discussed with Mr- Bright noting,that as long as all discharges from the site remain in N.C. there would be no reason for issuance of another permit. The plan, as provided by Mr. Bright, is to discharge the pit water from the N.C. site into ditches that do flow into Virginia. The intent is to fill the ditches with the water and allow for the water to recharge into the ground. Several flood gates, similar to those already in place in the ditches for the Virginia pit, have been placed at various location to maintain the water on site. This was the same plan that was in use for the Virginia pit, and as demonstrated in May 2005, DID NOT prevent a discharge from occurring. Though some water is expected to recharge into the ground, and there will be some evaporation, the amount of water that is being pumped will usually inundate the ditches'. The flood control gates do hold back water but they are not water tight. Once the water is up to the level of the boards, the water will seep around and between and still discharge. One of the gates observed did not have board installed and a discharge into the pipe was not observed_ A flow was seen at this location and is believed to be from water flowing along the exterior length of the pipe versus inside the pipe. I Mr. Bright was informed that a permit would be needed if water from the N.C. pit discharged to Virginia and ended up in Virginia state waters. Mr. Bright was informed that the permit was required prior to discharge not afterwards. Also discussed with Mr. Bright was the fact that the same pian.for preventing a discharge was being used and during periods of high pumping and heavy rain, the pit water would likely discharge and he would need a permit. It was left that this is Mr. Bright's decision but and it would be preferred to have ail of the pit water from N.C. stay in N.C. A registration statement was provided in case Mr. Bright decided to obtain a discharge permit for the new pit. j Since there is no discharge coming from the pit, the complaint is unfounded and further action is not needed. rt CfEtEGO 1111ENDATI©NSA R ACTiiO. r a . W THE FOLLOWING ARE REPEAT DEFICIENCIES FROM PREVIOUS SITE VISITS: • Maintain the records on site as required by the permit. • Update the site map to include all items as required by,the permit. • Perform routine site inspections as required by the permit and properly document the inspections. • Perform and document the required training, specifically addressing Stormwater Pollution Prevention. • Perform and document the required Comprehensive Site Compliance Evaluation. Properly document the sampling locations noting which Outfall is being sampled. Report that information on the correct Discharge Monitoring Report and submit all Discharge Mon -storing Reports as required. 3 Page 1 of 1 Subj: well water tests Date: 1/30200812:25:12 PM Eastern Standard Time From: To. The following is the data pertaining to the well drilled at 6480 Pocohontas Club Rd, dtd 8 Feb 2001. Well depth- 67' Yield: 12gpm Static level: I V Iron(fe) _5 - .8 ppm Clorides 100 PH 7.6 (no noticible odor to water) Is/ el star Never miss a thing. Thursday. January 31, 2008 America Online: JLOrr137 UNIVERSAL LABORATORIES 11D 20 Rewash Drive kampWn, Va 23666 r!LrLi801288 REPORT OF ANALYSIS (REPORT DATE) 28&Jan-08 M. John Pumeli UL Sample number_ 080128"01 6460 Pomhuntas Club Road Sample ID: Ddr*ing water sample Vtrglnfa Beach VA 23457 Grab OsteMme: 1/2212008 09:30 ATTN; John Purnell Composite Start: NIA Composite Stop: NIA Project ID: NIA Collected By: CLIENT Project # WA Site: Drfnking Water Sample Matrix: Drinking Water Commants For Order: _._. Test ��---- L Rif e s � �arsmeter Method . 19%d Units aararrwacr�ra+r�s t_im t Datef rime Malyst . w Total Sodium SM-3111 58.00 nv& 0.05 1rza=8 EF 13:36.vo Chloride SM45M CUB 233 MA 1 125iim AB IZ43.00 Cwmne-nts for Semple ID 0801288-Mi }des lly SubtniMed, mmet�ts Z w Faye 2 of 2 vbvinta DftN Watt' tow 00030 MMh Carolhw Ddnktrte water Lab 0 61708 EPA LAS CODE VA00912 t7a3o1 M40t VDEQ Lab 000003 Norm Carotins w83tawatyr+GMw16Wter 1.8b 0 W NORTH CAROLINA BOARD OF EXAMERS FOR ENGINEERS AND SURVEYORS 4601 Six Forks Road, SU'rte 310, Raleigh, North Carolina 27608 COMPLAINT FORM Complainant John & Jenniit (Orr) Iume4 (Name) 6480 PocahOntas Ckrb Pj)W, Virginia Beach. VA 23457 (Physical Address) P.O. Box 343, Knotts Island. NC 27950 (Maift Address — tt Different) Cam) 773-1112 (Daytime TelqpttQne Number) Co;nplaint Bissell PmWsknvg rGfouop (Mark S. BlssA P-E.) Against t� NarthC n Fiig�h ay� Hawk. 27949 (Address) (M) 261-02@8 ( eWphone Number) 16762 (Lkerse Number — if Appr=ble) witness. Martin D. Hooker. L.S. - VA LIC. 14058 (Nam) _ 3807 Wgnolia Drive. Portsmouth. VA 23703 (Address) (757) 484-0243 - - (Telephone Number) - Witness: (Name) (Address) (Telephone Number) Witness: (Nam) (Address) (Telephone Number) Use Additional Pages As Needed 4 Details of Complaint: (Name of speclfic design plan, survey or report) Page 2 Details of convisint Bissell Prnfessionat Group prepared 8 SM plan for Bright tlArrnrtg Project $ 4087, Page 1 of 4. They show Bortrde & .lererifer Orr property as a*bft property Bright pr6perhl- These properties are situate in the city of Iftirds Beach, Vet . Bath lots appear to have tine correct propoKy designations. thrt boa properties Front on a 30' undevetoped Pubic RM. ref8med to in Virginia Beach as Pecohontas Club Road. aw also krmw r as Va. St. Rte. 616.Thm RAN Ilifteramb vM the VhUBW North Carolina State Uno, as shown in UB 47, Pgs_ 8"3_ (Cum -kick CAmuty KC.). This deed also descrgm a 2D' Perpetual RiW of Wall and is delineated 0rru the Bright properly to Marsh Causeway PLC St. Me_ 615_ Both of theses W ane twt sh"" on the Elssea plan. We ask you to have Bisset/ Pro%sskmW Gaoup_ Check mW redo its property reseavch to see 0 that CM hod the recorded doc:utnent if f tmd to be, as we state, have Bissell [gaup comsct their plans arrd restdmata the appropriate oounty and State agencies. This project by Bright Mining has severed my southern access (that is not in a flood zone) to NC SR 615. Bright N hung has harvested the samd under the 20 foot perpetual right way and sold the sand on the open market and keep the proceeds for himself. This action has denied me access since .fh!)'y 2006. 1 Use Additional Pages As Needed Please enclose copigs any referenced documents and arty evidence _. i Signature of Complainant NOTARY S� A-MIVII_EW State of C ty of t !r I . 1f' ; ������ Notary Public for said county and state do herby Certify that • 1 personalty appeared before me and being by me swam, stated that he/she executed the foregoing 1pshurnent, � r Witness my hand and official seat, this the � day of (Official Seel) ECLAUDINE 5_ BEAMAN NOTary Public Onwealth or Vfrglrtlo 262910 lon Exphes May 31. 2010 Public My commission expires J{'dNt-k) .,+ U+',- duty 4),-X'Cro I DEPARTMENT OF PLANNING DEVELOPMENT SERVICES CENTER (DSC) (757) 385-4621 (757) 385-5789 (FAX) September 21, 2006 Mr. Mark S. Bissell, P.E. Bissell Professional Group P.O. Box 1068 4417 North Croatan Hwy Kitty Hawk, NC 27949 City of Virginia Beach MUNICIPAL CENTER BUILDING 2 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456 RE: Right of Way Improvements and Left Turn Lane for Bright Mine Princess Anne Road Located in Virginia Beach, Virginia DSC File # L24-601 Dear Mr. Bissell: The City of Virginia Beach, Planning, Civil lnsp'ections, has requested that all construction related work in within the Princess Anne Road right of way associated with above referenced project be terminated until such time as a construction plan can be submitted, reviewed and approved by the City of Virginia Beach, Planning, Development Services Center (DSC). Based on the information contained in the set of plans provided to this office, by the contractor, the plans are not acceptable for review and/or approval. The plan must be submitted to the City of Virginia Beach, Planning Department, Development Services Center (DSC) for review: The following information is provided for your use during the preparation of the plans. Please note that additional information and revisions may be necessary during review. The normal review time for this type of project is four weeks for the first review and three weeks for any subsequent reviews. Much of the information stated below is clarified or available on the City of Virginia Beach web site and can be downloaded as needed. - The following comments are provided for your use during plan review: Mr. R. Harold Jones Sigma Environmental Services, Inc. 1513 Sandbridge Road Virginia Beach, VA 23456 Dear Mr. Jones: Michael F. Easley, Governor will;-- r. Ross h., Sccre.ary North Carolina Department of Environment and Natural Resources Coleen 11. Sullins, Director Division of Water Quality February 20, 2008 "'CEUVD 222008 W -WARO Subject: Additional Information Request For COC NCG020701 Modification Bonney Bright Sand Co. Currituck County The facility's O&M Plan, labeled "Wetland Protection Strategies", was received by the Stormwater Permitting Unit on February 4, 2008. However, a review of the O&M Plan by the Stormwater Permitting Unit and the Washington Regional Office showed that the O&M Plan is significantly deficient, and not compliant with the permit. Before the permit modification can finish being processed please provide information regarding the following: 1) The O&M plan must be able to demonstrate the effect of pumping and, as necessary, establish the pumping regime necessary to reduce the potential impacts to adjacent wetlands. Please refer to Page 5 of 9 Part III of the NPDES NCG020000 Permit Conditions. 2) A radius of influence calculation must be, provided for mines intending to dewater from the pit if there are surface waters inclose proximity to the mine that could potentially be impacted. Based on this radius of influence, the O&M plan needs to include monitoring wells, and a monitoring schedule, that are located appropriately to monitor potential impact's to surface waters. 3) The O&M plan provided states that wetlands will not be impacted by runoff, but does not mention potential impacts from mine dewatering. Please provide supporting calculations on how the proposed dewatering ditches will protect the surrounding hydrology. 4) The O&M plan should include monitoring plans for the monitoring wells and for the monitoring requirements listed in Table 6 of the NPDES NCG020000 Permit. Nor hCarolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Inlemet h20.enrsl8te.ac.u3 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Upportunityl41f8rmative Action Employer— 50% Recycled110% Post Consumer Paper COC No. NCG020701 W R. Harold Jones Signia Environmental Services, Inc. February 20, 2008 Please be aware that since your project is located near wetlands, your NPDES permit will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands,can be found in the text of the general NPDES mining permit NCG020000, available on our website, http://h2o.enr.state.ne.us/su/Forms_Documents.htm. See Section C, Part 1 of the permit on the page labeled, "Part III Page 5 of 9". An approved Operation and Monitoring Plan is required for mine dewatering activities that have potential to drain wetlands. Discharging mine dewatering wastewater without Plan approval, and without a Permit, will be subject to enforcement action. A Plan for your facility must be submitted to the Washington Regional Office and approved before we can issue your permit. We encourage you to contact Jeffery Manning at the Washington Regional Office at (252) 948-3966 to address any wetland concerns for your facility in order to ensure a successful NPDES application review.' Please submit the requested information to my attention by March 5, 2008. If you have any questions, please contact me at (919) 733-5083, x 360 or Jeffery Manning in the Washington Regional office at (252) 946-6481. Sincerely, 0 k" 10 P, / Robert D. Patterson, P.E. Environmental Engineer Storrnwater Permitting Unit cc: Mr. Bonney G. Bright, 5513 Buzzard Neck Road, Virginia Beach, VA 23457 Washington Regional Office, Jeffery Manning Stormwater Permitting Unit Files u t- r r . uo ;��C�R kdV770i�s 'n ' + --- __Jv/? e c/ol--,�- tp-,L F '�. 75 � -B�-Cod' /I 7- - -- __ - _ - 7 23- All J-- - - 75 7— 48 4 - 024 T 1 . I 1 t .k i 15A NCAC 0213 .0226EXEMPTIONS FROM SURFACE WATER QUALITY STANDARDS Variances from applicable standards, revisions to water quality standards or site -specific water quality standards may be granted by the Commission on a case -by -case basis pursuant to G.S. 143-215.3(e), 143-214.3 or 143-214.1. A listing of' existing variances shall be maintained and made available to the public by the Division. Exemptions established pursuant to this Rule shall be reviewed as part of the Triennial Review of Water Quality Standards conducted pursuant to 40 CI-R 131.10(g). History Note: AuthoritY G.S. 143-214,1; 143-214.3; 143-215.3(e); Eff. October 1, 1995. t 15A NCAC 02B..0227WA`i'ER QUALITY MANAGEMENT PLANS (a) In implementing the water quality standards to protect the existing uses [as defined by Rule .0202 of this Section] of the waters of the state or the water quality which supports those uses, the Commission shall develop water quality management plans on a priority basis to attain, maintain or enhance water quality throughout the state. Additional specific actions deemed necessary by the Commission to protect the water quality or theicxisting uses of the waters of the state shall be specified in Paragraph (b) of this Rule. These actions may include anything within the powers of the Commission. The Commission may also consider local actions which have been taken to protect a waterbody in determining the appropriate protection options to be incorporated into the water quality management plan. (b) All waters determined by the Commission to be protected by a water quality management plan are listed with specific actions as follows: The Lockwoods Folly River Area (Lumber River Basin), which includes all waters of the lower Lockwoods Folly River in an area extending north from the Intracoastal Waterway to a line extending from Genoes Point to Mullet Creek, shall be protected by the specific actions described in Subparagraphs (1) through (5) of this Paragraph. (1) New development activities within 575' of the mean high water line which require a Sedimentation Erosion Control Plan or a CAMA major development permit must comply with the low density option of the coastal Stormwater Runoff Disposal Rules [as specified in 15A NCAC 2H .1005(2)(a)]. (2) New or expanded NPDES permits shall be issued only for non -domestic, non -industrial process type discharges (such as non -industrial process cooling or seafood processing discharges). A public hearing is mandatory for any proposed (new or expanded) NPDES permit to this protected area. (3) New non -discharge permits shall be required to meet reduced loading rates and increased buffer zones, to be determined on a case -by -case basis. (4) New or expanded marinas must be located in upland basin areas. (5) No dredge or fill activities shall be allowed where significant shellfish or submerged aquatic vegetation bed resources occur, except for maintenance dredging, such as that required to maintain access to existing channels and facilities located within the protected area or maintenance dredging for activities such as agriculture. History Note: Authority G.S. 143-214.1; 143-215.8A: Eff. October 1, 1995; Amended Eff, Jarnrary 1, 1996, 15A NCAC 0213 .0228 EFFLUENT CHANNELS The standards of water quality contained in this Section shall not�apply to waters within effluent channels, as defined in Rule .0202 of this Section, except that said waters shall be maintained at a quality which shall prevent the occurrence of offensive conditions, protect public health, and allow maintenance of the standards applicable to all downstream waters. Effluent channels shall be designated by the Director, such that the channels shall: (1) be contained entirely on property owned (or otherwise controlled) by the discharger (to be demonstrated by the discharger); (2) not contain natural waters except when such waters occur in direct response to rainfall events by overland runoff; NORTH CAROLINAADMIN1STRATIVE CODE Eff. August 1, 2004 _ Page 47 r (3) be so constructed or modified as to minimize the migration of fish into said channel, (4) be identified and designated on a case -by -case basis prior to permit issuance. History Note: Authority G.S. 143-214,1; Eff: October 1, 1995; Amended Ef. January 1, 1996, 15A NCAC 02B .0229TAR-PAMLICO RIVER BASIN - NU7'RIEN"r SENSITIVE WATERS MANAGEMENT STRATEGY: NUTRIENT OFFSET PAYMENTS FOR NON-TAR-PAMLICO BASIN ASSOCIATION MEMBERS (a) All waters of the Tar -Pamlico River Basin have been supplementally classified nutrient sensitive waters (NSW) pursuant to 15A NCAC 2B .0223 _ The following procedures are to be implemented in accordance with 15A NCAC 2B .0223 in all waters of the Tar -Pamlico River Basin for those wastewater dischargers who are not members of the Tar -Pamlico Basin Association; (b) Existing wastewater dischargers expanding to greater than 0.5 million gallons per day (MOD), who are not members of the Tar -Pamlico Basin Association, shall be required to offset their additional nutrient loads by funding nonpoint source control programs approved by the Division of Water Quality prior to'the issuance of their NPDES permit and at each renewal. Nitrogen and phosphorus loads shall be offset at the rate of 110 percent of the cost to implement BMPs designed to reduce that same load created by expanding the discharge above 0.5 MGD. Equations for calculating the offset costs are: (1) For an existing facility with permitted flow of less than or equal to 0.5 MGD as of December 8, 1994 expanding to greater than 0.5 MGD who is not a member of the Tar -Pamlico Basin Association: Payment=((PF, x (TN+TP) x 1384)-(0.5 x (T'N+TP) x 1384)) x (BMP, x LI) where: Payment = the nutrient offset payment ($); PF, = Permitted Flow including expansion (MGD); TN � 6 mg/l total nitrogen for domestic discharges or BAT for industrial discharges; TP = 1 mgll total phosphorus for domestic discharges or BAT for industrial discharges; 1384 = conversion factor; 0.5 = the pennitted flow (MGD) above which payment for additional nutrient loading is required; BMP� = Best Management Practice cost-effectiveness rate in $/kg as set in 15A NCAC 2B .0237 of this Section; 1.1 = l 10 percent of the cost for the nonpoint source controls. (2) For an expanding facilitywith a permitted flow of greater than or equal to 0.5 MGD as of Dcccmbcr 8, 1994 who is not a member of the Tar -Pamlico Basin Association: Payment=((PF, x (TN+TP) x 1384)-(PF x (TN+TP) x 1384)) x (BMP, x 1,1) where: Payment = the nutrient offset payment ($); 1'F, = Permitted Flow including expansion (MGD); PF = Permitted Flow as of December 8, 1994 (MGD); TN = 6 mg/1 total nitrogen for domestic discharges or BAT for industrial discharges; TP = I mgll total phosphorus for domestic discharges or BAT for industrial discharges; 1384 = conversion factor; BMP, = Best Management Practice cost-effectiveness rate in $/kg as set in 15A NCAC 2B .0237 of this Section; 1.1 = 110 percent of the cost for the nonpoint, source controls. (c) New wastewater dischargers with permitted flows greater than or equal to 0.05 MGD, who are not members of the Tar - Pamlico Basin Association, shall be required to offset their nutrient loads by funding nonpoint source control programs approved by the Division of Water Quality prior to the issuance of their NPDES permit and at each renewal. Nitrogen and phosphorus loads shall be offset at the rate of 110 percent of the cost to implement BMPs designed to reduce that same loading created by the new discharge above 0.05 MGD. The equation for calculating the offset costs is: Payment = PF x (TN+TP) x 1384 x (BMP, x 1.1) where: Payment = the nutrient offset payment ($), PF = Permitted Flow (MGD); TN = 6 mg/l total nitrogen for domestic discharges or BAT for 'industrial discharges; TP = 1 mgll total phosphorus for domestic discharges or BAT for industrial discharges; NORTH CAROLINA ADMINISTRATIVE CODE Eff August 1. 2004 Pale 48 A/ul/11/1 V 6, 0 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A. 02B .0500 SECTION .0500 - SURFACE WATER NIONITORING: REPORTINC, I SA NCAC 02B .0501 PURPOSE The purpose of this Section is to set forth the requirements of the Environmental Management Commission for monitoring and reporting the quantity and quality of wastewater discharges to, and their effects upon, the water resources of the state. hlisloay'Vole: Authority G.S. 143-215,64; 143-215.68; Eff. February 1, 1976; Anaeruled L jf. December 1, 1984. 15A NCAC 0213 .0502 SCOPE This Section shall apply to all persons subject to the provisions of G.S. 143-215.1. llisrorly Note: Authority G.S. 143-215.64: I43-215.68: 41f. Fehruarr 1, 1976. 15A NCAC 02B .0503 DEFINiTIONS Unless the context otherwise requires, the terms used herein shall be as defined in G.S. 143-213 and as follows: (1) "Biological monitoring" shall mean the sampling or testing of the biological integrity of surface waters and measurements of impacts including accumulations of pollutants in tissue, toxicity monitoring, and characterization of instream biological populations. (2) "Classified water pollution control facility" means a treatment works classified by the Water Pollution Control System Operator Certification Commission pursuant to Chapter 90A of the North Carolina General Statutes as class I, class II, class [I], or class 1V facility, or such other classifications as the Water Pollution Control System Operator Certification Commission may hereafter adopt. (3) "Commercial laboratory" means any laboratory which analyzes water samples fora fee. (4) "Composite sample" means: a sample gathered over a 24 hour period by continuous sampling or combining grab samples in sucli a manner as to result in a total sample which is representative of the wastewater discharge during the sample period. This sample may be obtained by methods given below, however, the Director may designate the most appropriate method, number and size of aliquots necessary and the time interval between grab samples on a case -by -case basis. 'Samples may be collected manually or automatically. (a) Continuous - a single, continuous sample collected over a 24 hour period proportional to the rate of flow. (b) Constant time/variable volume - a series of grab samples collected at equal time intcrvals over a 24 hour period of .discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (c) Variable time/constant volume - a series of grab samples of equal volume collected over a 24 hour period 'with the time intervals between samples determined by a preset number ofigallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (d) Constant timii/constant volume - a series of grab samples of equal volume collected over a 24 hour period at a constant time interval. This method may be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals 'of no greater than 20 minutes apart during any 24 hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. N01Y1'11l CA ROLlNA ADAIINIS'TRA'1'!1'IC CO[:)1: Effective August 2 1993 Pay-0 I of 1 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION TISA: 0213.0500 e (5) "Daily" means every day on which a wastewater discharge occurs except Saturdays. Sundays and legal holidays unless otherwise specified by the Director. (6) "Design flow" means the average daily volume of wastewater which a water pollution control facility was designed, approved and constructed to treat. (7) "Design treatment capability" means a water pollution control facility's capacity to achieve a specified degree of reduction in waste constituents at a specified design flow, to meet specified limits or removal efficiencies. (8) "Director" means the Director of the Division of Environmental Management, Department of Environment, Health, and Natural Resources. (9) "Division" means the Division of Environmental Management, Department of Environment, Health, and Natural Resources, (10) "Domestic wastewater" means water -carried human wastes together with all other water - carried wastes normally present in wastewater from non -industrial processes. (11) "Downstream" means locations in the receiving waters below (downstream of) a point of waste discharge after a reasonable opportunity for dilution and mixture as specified in the Commission's "Rules, Regulations, Classifications and Water Quality Standards Applicable to the Surface Waters of North Carolina." (12) "Effluent" means wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. (13) "Flow" means the total volume of wastewater discharged from an outlet during any given period. (14) "Grab sample" means an individual sample collected instantaneously. Samples of this type must be representative of the discharge or the receiving waters. (15) "Industrial establishment" means any industrial, business, commercial or governmental enterprise which produces water carried wastes. (16) "Influent" means the wastewater entering a water pollution control facility. (17) "Monitoring" means a program of sample collection, analysis, and observation sufficient to quantify various aspects of waste streams, treatment plant operations and environmental impacts. (18) "Point source" means any discernible, confined, and discrete conveyance, including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation front which waste is or may be discharged to the waters of the state. (19) "Quarterly" means occurring four times during a 12-month period at a frequency of once per each interval of three consecutive months. (20) "Quarterly Average" means the average of all samples taken over a quarterly period. (21) "Sample" means a representative portion of the wastewater From water pollution control facilities or of receiving waters. (22) "Standard Industrial Classification" (SIC) means those numerical designations set forth in "The Standard Industrial Classification Manual," (Superintendent of Documents, U,S, Government Printing Office) classifying industries according to the type or activity (relating to major products manufactured or principle services furnished) in which they are engaged. For the purposes of this Section, each industry or unit of government shall be classified by SIC numbers applicable to each activity carried on by such establishment or unit which results in a discharge of wastewater. In addition, any industrial establishment or unit of government which collects or discharges domestic sewage is hereby assigned SIC number 4952. The Standard Industrial Classification Manual, as used in this Section, is hereby incorporated by reference, including any subsequent amendments and editions. A copy is available for inspection at the central office of the Division of Environmental Management, 512 North Salisbury Street, Raleigh, North Carolina. Copies may be obtained at the GPO Bookstore, Room 100, 275 Peachtree Street NE, or Post Office Box 56445, Atlanta GA 30343 at a cost of twenty-four dollars ($24.00). (23) "Stoeet number" means a number which designates a test or measurement according to the analytical procedure used or a method of measurement and units of measurement. NORTH CAROLINA ADMINISTRATIVE CODE Effective August 2, 1993 Page 2 of 2 ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02B .0500 Storet is an acronym for the water quality data storage and retrieval computer system of the Environmental Protection Agency, ! (24) "Toxic substances" means any substance, or combinations of substances, including disease -causing agents, which, after discharge, and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression of reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects. (25) "Toxicity monitoring" means controlled toxicity testing procedures employed to measure lethality or other harmful effects as measured by either aquatic populations or indicator species used as test organisms from exposure to a specific chemical or mixture of chemicals (as in an effluent) or ambient stream conditions. (26) "Unit of government" means any incorporated city, town or village, county, sanitary district, metropolitan sewerage district, water or sewer authority, special purpose district, other municipality, or any agency, board, commission, department or political subdivision or public corporation of the state, now or hereafter created or established, empowered to provide wastewater collection systems or wastewater treatment works. (27) "Upstream" means locations in the receiving waters near but above (upstream of) a point of wastewater discharge and unaffected by;the discharge. (28) "Water pollution control facilities" or "facility" means "treatment works" as defined in G.S. 143-213. 11islurs, Note, Authurio, G,S. 143-213: 143-215.68; Qi: Februury 1, 1976; Amended Eff April 1, 1993; December 1, 1984. l5A NCAC 02I3 .0504 CLASSIFICATION OF WASTE SOURCES (a) All persons subject to the requirements of these Rules shall determine the standard industrial classification (SIC) number for each type of activity (required to be reported under Rule .0506 of this Section) in which they arc engaged by reference to the Standard Industrial Classification Manual. (b) Environmental Management Commission hereby assigns SIC number 4952 to every industrial establishment or unit of government which collects or discharges domestic wastewater, whether from on - premises bathrooms, restrooms, kitchens, dining rooms, water pollution control facilities, or from any other source, (c) The owner or person in responsible charge of every water pollution control facility, which receives a wastewater influent from more than one source, shall determine and report to the Department of Environment, Health, and Natural Resources the name and standard industrial classification number(s) for each applicable activity(ies) of every industrial establishment contributing wastes containing toxic substances, in toxic quantities, and also every industrial 'establishment contributing an average daily wastewater influent of one percent or more of the design flow of the facility or in excess of 100,000 gallons per day, whichever is less, and shall report such other information as is required by Rule .0505 of this Section; provided; however, that it is not required that the name and SIC number of any source contributing domestic sewage influent only be reported hereunder. (d) The average daily influent volume contributed by any one source may be computed by dividing the total volume of wastewater discharged by the source during the reporting year by the total number of days that the source operated during the reporting year. 1listw;r Note; Authorily G.S, 143-215.64; 143-215,68; Ef. February 1, 1976; Anjendcd Eff. April 1, 1993; December 1, 1984; November 1, 1978. 0 15A NCAC 02B .0505 tMONITORING REQUIREMENTS NORTH C,AROLINA ADMINISTRATIVE CODE Effective August 2, 093 Page 3 of 3 EAW-ENVIRONAIENTAL MANAGEMENT COMMISSION T15A: 02B .0500 C (a) General. Every person subject to this Section shall be required to establish, operate and maintain a monitoring; program consistent with their National Pollutant Discharge Elimination System (NPDES) Permit or as required by the Director. (b) Wastewater and Stream Flow Measurement. (1) A device or method, approved by the Director for determining the rate of flow of all discharges of wastewater whether treated or untreated shall be provided at those point sources of which monthly reports of monitoring tests and measurements are required unless specifically excepted by the Director as not significant. All water pollution control facilities shall install, operate, and maintain continuous flow measuring with recording devices or totalizing devices, if approved by the Director, or shall employ other flow measuring or flow control methods approved by the Director and shall submit monthly reports of such data as required in Rule .0506 of this Section. The permittce shall install appropriate flow measurement devices consistent with approved engineering and scientific practices to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The flow measurement device and location shall be approved by the Director prior to installation. Records of flow measurement device calibration shall be kept on file by the permittee for a period of at least three years. At a minimum, data to be included in this documentation shall be: (A) Date of flow measurement device calibration (B) Name of person performing calibration. (2) A reading of the U.S. Geological Survey stream flow staff gauge or reference point shall be made at the time of stream sampling in those instances so determined the Director. (c) Sampling. (1) Frequency and Location. Except as otherwise provided herein, all industrial establishments and units of government shall take influent, effluent and stream samples at such locations and with such frequency as shall be necessary to conduct the tests and analyses required by Rule .0508 of this Section. (2) Establishment of Sampling Points: (A) Sampling points as required in Rule .0508 of this Section shall be established for collecting influent and effluent samples for each facility. (B) Sampling points shall be established in the receiving waters at one or more upstream locations and at one or more downstream locations. These locations shall be specified by the Director. (3) Collection of Samples: (A) Samples collected in receiving waters shall be grab samples. (B) Samples of the influent and effluent of the water pollution control facility or other point source shall be composite samples, except as provided in Rule .0505 (c)(3)(C) of this Section, or for facilities with design flows of 30,000 gallons per day or less unless required by the Director. The Director may specify the methods of sample collection as to type of sample and type of composite sampling required. (C) The following influent and effluent tests shall be made on grab samples and shall not be made on composite samples: (i) dissolved oxygen, (ii) temperature, (iii) settleable matter, (iv) turbidity, (v) pH, (vi) residual chlorine, (vii) coliform bacteria (fecal or to(al), (viii) cyanide, (ix) oil and grease, NORT11 CAROLINA ADMINISTRATIVE CODE Effective August 2, 1993 Page 4 of 4 rJ ENR-ENVIR0NYVENTAL AIANAGEAIENT C'OAIMISSION T15A: 01B .0500 (x) sulfides, (xi) phenols, (xii) volatile organics- (4) Stream sampling may be discontinued at such times as flow conditions in the receiving waters or extreme weather conditions will result in a substantial risk of injury or death to persons collecting samples. In such cases, on each day that sampling is discontinued, written justification for the discontinuance shall be specified in the monitoring report for the month in which the event occurred. This provision shall be strictly construed and may not be utilized to avoid the requirements of this Section when performance of these requirements is attainable. When there is a discontinuance pursuant to this provision, strewn sampling shall be resumed at the first opportunity after the risk period has ceased. (d) Biological and "toxicity Monitoring. Biological and Toxicity monitoring may be required when, in the opinion of the Director, such monitoring is necessary to establish whether the designated best use of the waters as determined by the Environmental Management Commission, is being or may be impaired or when toxic substances are known or suspected to be present in the facility's discharge. (e) Tests and Analyses. (1) if a water pollution control facility receives waste influent from two or more sources, every test required by Rule .0508 of this Section for the standard industrial classification number applicable to the sources shall be performed one time, and it shall not be necessary to repeat such tests for each source; however, the tests shall be performed at the intervals specified by Rule .0508 of! this Section for the applicable industrial classification requiring the most frequent test interval. (2) If analyses of samples of any effluent or any receiving water (collected by the state or a public agency) indicate a violation of effluent limitations, or water quality standards or indicate exceedances of stream action levels or that a violation of water quality standards or exceedances of stream action levels, may result under any projected conditions including minimum stream now and temperature extremes, the Director may require the person responsible for the violation or potential violation to monitor the pollutants or parameters at such points and with such frequency as he determines appropriate. If the source of the pollutant is unknown, the Director may require monitoring for specific pollutants from any suspected discharger. (3) If the wastewaters discharged by any water pollution control facility violate any effluent limitations or water quality standards or exceeds any stream action levels or contribute to the violation of water quality standards or exceedance of stream action levels established by the Environmental Management Commission the facility shall perform and report such additional tests and measurements at such frequencies and for such periods of time as the Director may require. (4) Approved Methods of Analysis. The methods used in collection, preservation and analysis of samples shall conform to the guidelines of the Environmental Protection Agency codified as 40 CFR Part 136, 'which is hereby incorporated by reference including any subsequent amendments and editions. Copies may be obtained from the New Orders, Superintendent of Documents, PO Box 371954, Pittsburgh, PA 15250-7954 at a cost of three hundred forty dollars'` ($340.00) per edition. The single volume containing 40 CFR Part 136 maybe obtained at a cost of thirty dollars ($30.00). Other analytical procedures shall conform to ]hose found in either the most recent approved edition of "Standard Methods for the Examination of Water and Wastewater", (published jointly by the American Public Health' Association, the American Water Works Association, and the Water Environment Federation), or "Methods for Chemical Analysis of Waters and Wastes", 1993, or subsequent editions or other methods as approved by the Director. Standard Methods for the Examination of Water and Wastewater is hereby incorporated by reference including any subsequent approved amendments and approved editions. Copies may be obtained from the American Water Works Association, 6666 West Quincy Avenue, Denver CO 82535 at a cost ofone hundred sixty dollars ($160.00) per edition. Methods for Chemical Analysis of Waters and Wastes is hereby incorporated by reference including any subsequent amendments and editions. Copies may be obtained from the NTIS, 5285 Port. Royal Road, Springfield, VA 22161 at a cost NORTH CAROLINA ADMINISTRATIVE CODE Effective August 2, 1993 Page 5 of 5 ENR-ENV1R0A1J1ENTAI MANAGEMENT C0A4A11SS10A` T1511: 0213 .0500 �J of fifty dollars ($50.00) per edition. All material incorporated by reference in this Rule is available for inspection at the Central office of the Division of Environmental Management, 512 North Salisbury Street, Raleigh, North Carolina 27626-0535. All test procedures trust produce detection and reporting levels that are below the permit discharge requirements and all data generated must be reported to the approved detection level or lower reporting level of the procedure. If no approved methods are determined capable of achieving detection and reporting levels below permit discharge requirements. then the approved method with the lowest detection and reporting level must be used. Biological testing shall be performed in accordance with i 5A NCAC 2B .0103(b). (5) Approval of Laboratories. Analytical determinations made pursuant to the monitoring and reporting requirements of this Section shall be made in adequately equipped laboratories staffed by person(s) competent to perform tests. Only monitoring programs which provide for the making of analytical determinations by qualified employees of the owner or by a laboratory certified by the Division under 15A NCAC 211 .0$00 or 15A NCAC 2H A 100 will be considered adequate. (f) process Control Monitoring Testing: The Director may require, on a case -by -case basis, process control monitoring testing suitable for the size and classification of the facility History Note, AufhoriiyG.S, 143-215,64; 143-213,66; 143-215.68; Eff. February 1. 1976. Amended Ejj: April 1, 1993; December 1. 1984; November 1. 1978. 15A NCAC ©21D .0506 REPORTING REQUIREMENTS (a) General: (1) Every person subject to this Section shall file certified monitoring reports setting forth the results of tests and measurements conducted pursuant to NPIDES permit monitoring requirements, (A) Monthly monitoring reports shall be Filed no later than 30 calendar days after the end of the reporting period for which the report is made. (13) Reports Fled pursuant to the requirements of Subparagraph (a)(1) of this Rule shall be of forms furnished or approved by the Director and shall be submitted in duplicate to: ATTN: CENTRAL FILES DIVISION OF ENVIRONMENTAL MANAGEMENT POST OFFICE BOX 29535 RALEIGH, NORTH CAROLINA 27626-0535. (C) A copy of all reports submitted to the Director pursuant to this Section shall be retained by the owner of each water pollution control facility for a period of at least three years from the date of submission and be readily available to the Division for inspection. (D) In order to document information contained in reports submitted to the Director pursuant to this Section, the owner of each pollution control facility is required to retain or have readily available for inspection by the Division, the following items for a period of at least three years from report submission: (i) the original laboratory reports from any certified laboratory utilized for sample analysis. Such reports must be signed by the laboratory supervisor, and must indicate the date and time of sample collection and analysis, and the analysts' name; (ii) bench notes and data logs for sample analyses performed by the Pollution control facility staff or operator in responsible charge, whether or not the facility has a certified lab; and (iii) copies of all process control testing. (E) In situations where no discharge has occurred from the facility during the report period, the permittee is required to submit a monthly monitoring report giving ,,NORTH CAROLINA ADMINISTRATIVE CODE Effective August 2,_1993 Page 6 (if 6 ENR-EN VIRONMENTA L MANAGEMENT COMMISSION 7I5.4: 02B .0500 all required information and indicating "NO FLOW" unless the Director agrees to waive the reporting requirement during extended conditions of no discharge. (2) Every person subject to this Section shall report by telephone to either the central office or appropriate regional office of the Division as soon as possible but no later than 24 hours after occurrence or on the next working day (however, if the occurrence is one which may endanger the public health, orfish or wildlife, and contact with the central office or the appropriate regional office cannot be made, such person shall report as soon as possible to the State Highway Patrol Warning Point in state 1-800-662-7956 or out of state 919-733-3861) following the occurrence or first knowledge of the occurrence of any of the following: (A) Any failure of a collection system, pumping station or treatment facility resulting in a by-pass without treatment of all or any portion of the wastewater, (B) Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a hazardous substance through the facility, or any other unusual circumstances. (C) Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors, etc. (3) Persons reporting such occurrences by telephone shall also provide a written report to the Division in letter form setting out the information required in Subparagraph (a)(4) of this Rule and pertinent information pertaining to the occurrence. This report must be received by the Division within five days following first knowledge of the occurrence. (4) All reports required to be filed by this Section shall contain the following information in addition to such other information as is required for the particular report: (A) name of facility, (B) water pollution control facility location, (C) the class assigned to the water pollution control facility, (D) the water pollution control facility permit number assigned by the Department of Environment, Health, and Natural Resources to the permit or other approval document issued by the Environmental Management Commission under which the discharge is made, (E) contact name and telephone number and mailing address, (F) estimated nature and extent of environmental damage caused by the incident. (5) Any person desiring confidentiality for any influent information submitted shall specify the influent information for which confidentiality is sought and shall justify such request to the Department of Environment, Health, and Natural Resources, and if such request is approved by the Director shall by an appropriate stamp, indicate the location of such information on each report filed thereafter. (b) Monthly Monitoring Reports: (1) Every person operating a monitoring system required by this Section shall file a monitoring report once each month which includes the data for the samples collected during the month. This report shall be filed no later than 30 calendar days after the end of the reporting period for which the report is made. (_) Monthly monitoring reports shall be reviewed, compliance status determined, certified by signature, and submitted by the following: I (A) For a corporation: by a responsible corporate officer. For the purpose of the Section, a responsible corporate officer means: (i) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy; or decision -making functions for the corporation, or t (ii) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding twenty-five million dollars NOR"I'll CAROLINA AI)MINISTRATIVI? (:ODE Effective Aup-ust 2, 199,3 _ Page 7 of 7 E.,VR-E:NIIIRO_ "illENT,4L :tfifINAGEMENT COMMISSION T1 SA: 02B .0500 ($25,000,000) (in second quarter 1980 dollars), if authority to sign documents had been assigned or delegated to the manager in accordance with corporate procedures. (B) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (C) For a municipality, State, Federal, County, or other public agency: by either a principal executive officer or ranking elected official; (D) Duly authorized representative of the person described in Paragraphs (b)(2)(A), (B) and (C). A person is a duly authorized representative only if: (i) The authorization is made in writing by a person described in Paragraphs (b)(2)(A), (B) and (C); (ii) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters -for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (iii) The written authorization is submitted to the Permit Issuing Authority. Permittees authorizing another individual to sign as representative in no way relinquishes any responsibility for the permit or his responsibility to remain familiar with the permit conditions, limits, including any modifications, and for the compliance data reports for the permit. (E) Permittee signing the report certifies to the following statement: " 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 managed the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." The monthly report shall also be certified by the operator in responsible charge of a classified treatment facility or by the manager of an industrial establishment which has a point source of waste discharge and which does not have a classified water pollution control facility. (3) In addition to the information required on- all reports [sec Subparagraph (a)(4) of this Rule] the following information shall be submitted in monthly monitoring reports: (A) name of person or group collecting sample or making observation; (B) name of person or group that analyzed sample; (C) name of operator in responsible charge of the facility and the grade certificate held; (D) sampling point for each sample; (E) date and time (on 2400 hour clock basis) at which each grab sample was collected; (F) composite samples: 0) date on which collection of composite samples is commenced, (ii) time of starting and ending of composite sample period on 2400 hour clock basis; (G) wastewater flow in million gallons per day (MGD); (H) Results of analyses (reported to the designated number of figures with a properly placed decimal point as indicated on each report sheet) together with the proper storet number (to be furnished by the Division) for the analytical procedure used and the reporting units shall be those specified by the NPDES permit or current document, by the Director; enforcement unless modified NORTII CAROLINA ADMINISTRATIVE CODE Effective August 2, 199.1 Pate 8 of Ll ENR-ENVIRONMENTAL )IfAi\'AGEMENT COMMISSION TISf1: 02B .0500 (1) Only numeric values will be accepted in reporting results of fecal coliform testing. The reporting of "too numerous to count" (TNTC) as a value will constitute a violation; (1) The results of all tests on the characteristics of the effluent, including but not limited to NPDES Permit Monitoring Requirements, shall be reported on monthly report forms; (K) The monthly average of analysis for each parameter and the maximum and minimum values for the month shall be reported; (L) Certification by the Operator in Responsible Charge (ORC) as to the accuracy and completeness of the report and that he/she has performed and documented the required visitation and process control. (c) Additional Reporting/Monitoring Requirements: I (1) When a facility is operated on an independent contract basis, the operator in responsible charge shall notify the owner of the facility in writing of any existing or anticipated conditions at the facility which may interfere with its proper operation and which need corrective action by the owner. The notice ishall include recommendations for corrective action. (2) Two copies of the notice to the owner shall be sent to the Division as an attachment to the next monthly monitoring report. t (3) A log demonstrating visitation at the proper frequency for the assigned classification, including dates and times of visits, and documentation of proper process control monitoring shall be maintained and shall 'be submitted to the Division upon request. Copies of all information must be readily ,available for inspection for a period of three years. (d) All information submitted will be classified as public information unless determined otherwise by the Di rector. llistor), Note: Aulhoril.v G.S. 143-215.1(b); 143-215.64: 143-215.65; 143-215.68; Eff F'ebrrurry 1, 1976; Amended Eff. Aagusr 2, 1993: April 1, 1993; December 1, 1984: November 1, 1978. ISA NCAC 02B .0507 IMPLEMENTATION Ilistort, Note: Authority G.S. 143-215.68; 143-215.64 to 143-215.66.\ L•'.JJ': February 1, 1976; � Amended Ejf Navember 1, 1978: Repealed Eff. December 1, 1984. 15A ,NCAC 02B .0508 TESTS AND MEASUREMENTS APPLICABLE TO SICS (a) Determination of Type and frequency of Tests and Measurements: (1) introduction. The tables set forth in this Rule are designed to indicate, for ally particular water pollution control facility or point source, the minimum standard tests and measurements which are to be performed, the minimum frequency with which the tests and measurements are to be conducted, and the location and minimum number of sampling points that are required. (2) Determination of Facility Class and SIC Numbers. Before these tables may be applied, the standard industrial classification(s) of the activities discharging to the water pollution control facility must be determined from Tf c Standard Industrial Classification Manual. The classification of the facility as determined by the Water Pollution Control System Operators Certification Commission, must also be known. (b) Modification of Test(s) or Measurctnent(s) Requirements:' (1) If it is demonstrated to the satisfaction of the Director that any of the tests and measurements, sampling points, or frequency of sampling requirements, as required in this Rule for a particular SIC group, are not applicable to the discharge of a particular NORTH CAROLINA ADAIIN1STRATIVE, CODE Effective August 2, 1993 Page 9 of 9 ENR-ENVIRONMENTAL MANAGEMENT COMiVISSION T1511. f1113 .! 500 water pollution control facility, or if it can be demonstrated that the objectives of this Section can be achieved by other acceptable means, then such requirements may be waived or modified to the extent that the Director determines to be appropriate. (2) In addiction to the tests and measurements as listed in this Rule applicable to each of the SIC groups, persons subject to this Section may be required to perform such additional tests and measurements at such sampling points and with such frequency as are determined by the Director to be necessary to adequately monitor constituents of the waste discharge and their effect upon the receiving waters. This monitoring may include, but not be limited to weekends and holidays as deemed necessary by the Director to ensure representative sampling and proper operation and maintenance of any facility. (c) Unclassified Activities: (1) Any person owning or operating a water pollution control facility who determines that a major SIC group(s) is not listed in this Rule for an activity subject to this Section shall so notify the Division. (2) • The Director shall prescribe the number and location of sampling points and the frequency with which tests and measurements must be made for such pollutant or pollutant effects as it shall deem necessary to properly monitor the quantity or quality of waste discharges resulting from any activity subject to this Section which is not included in the major SIC groups set forth in this Rule and to properly monitor effects of the discharges upon the waters of this state. (d) Index of Major Standard Industrial Groups: SIC Number Major Products or Services 1400-1499 Mining 2000-2199 Food, Beverage and Tobacco Processing 2200-2299 Textile Processing 2400-2599 Lumber and Wood Products Except Wet Decking 2600-2699 Paper and Allied Products 2800-2899 Chemical and Allied Products 2900-2999 Petroleum Refining and Related Industries 3100-3199 Leather and Leather Products 3400-3699 Fabricated Metal Products Except Ordnance, Machinery and Transportation Equipment Machinery Electrical Machinery, Equipment and Supplies 4900-4939 Electric, and Gas Services 4941 Water Supply 4952 Wastewater and all facilities discharging primarily domestic wastewater 7000-8999 Services Abbreviations for sampling locations and frequencies to be used with SIC monitoring requirements: "I" means influent "E" means effluent "U" means upstream "D" means downstream "2/month" means samples are collected twice per month with a required 10 day interval between the collection of the samples "3/week" means samples are collected three times per week on three separate days MINING MINIMUM REQUIREMENTS FOR SIC 1400-1499 REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS I If III IV 1. Turbidity E Monthly Monthly Monthly Monthly 2. Settleable Matter E Monthly 3. TSS E Monthly Monthly Monthly Monthly Monthly Monthly Montlily NORTH CAROLINA ADMINISTRATIVE CODE' F,ffective August 2, 1993 Pale 10 of 10 11 C ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T1511: 02B .0500 4. pll I: Monthly Monthly 5. Toxics and Toxicity ** ** Monthly Monthly ** ** FOOD AND BEVERAGE PROCESSING AND TOBACCO PROCESSING MINIMUM REQUIREMENTS FOR SIC 2000-2199 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS l ' 11 111 1V 1. pH E Weekly Weekly 3/week Daily 2• Temperature, °C L Weekly Weekly 3/week Daily 3. SOD, 5-day, 20°C E 2/month Weekly 3/week Daily 4. TSS E 2/month Weekly 3/week Daily 5. Ammonia Nitrogen E Monthly 2/month Weekly Weekly 6. Total Nitrogen E 7. Total Phosphorus E 8. Toxics and Toxicity ** * ** ** I WATER QUALITY LIMITED 1. Dissolved Oxygen E Weekly Weekly 3/week Daily 2, Dissolved Oxygen U,D Weekly Weekly 3/week+ 3lweek+ 3. ply E Weekly Weekly 3/week Daily 4. Temperature, °C E Weekly Weekly 3/week Daily 5. Temperature, °C U,D Wcckly Weekly 3/week+ 3/week+ 6. BOO, 5-day, 20°C E 2/month Weekly 3/week Daily 7. TSS E 2/month Weekly 3/week Daily S. Ammonia Nitrogen E 2/month Weekly 3/week Daily 9. Total Nitrogen E 10, 'Total Phosphorus E *1 IL Toxics and Toxicity ** ** ** ** 12. Conductivity E Weekly Weekly 3/week Daily 13. Conductivity U,D Weekly Weekly 3/week+ 3lwcck+ TEXTILE PROCESSING MINIMUM REQUIREMENTS FOUR SIC 2200-2299 EFFLUENT LIMITED REQUIRED TEST LOCATION I FREQUENCY CLASS CLASS CLASS CLASS I 11 I11 IV 1. pH E Weekly Weekly 3/week Daily 2. Temperature, °C E Weekly Weekly 3/week Daily 3. SOD, 5-day, 20°C E 2/month Weekly 3/wcek Daily 4. COD E 2/month Weekly 3/week Daily 5. TSS E 2/month Weekly 3/week Daily 6, Total Nitrogen E 7. Total Phosphorus E 8. Toxies and Toxicity ** ** ** ** NORTH CAROLINA ADMINISTRATIVE CODE Effective August 2,'l,993 Page I of I E,NH-ENVIRONMENTAL MANAGEMENT COMMISSION T15A: 02B .0500 0 WATER QUALITY LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 11 [l] IV 1. Dissolved Oxygen E Weekly Weekly 3hveck Daily 2. Dissolved Oxygen Up Weekly Weekly 3/wcck - 34eek+ 3, pH E Weekly Weekly 3/week Daily 4. Temperature, °C E Weekly Weekly 3/wcek Daily 5. Temperature, °C U,D Weekly Weekly 3/week+ 3/week+ 6. BOD, 5-day,_ 20°C E 2/month Weekly 3/wcek Daily 7. COD E 2/month Weekly Weekly Weekly 8. TSS E 2/month Weekiy 3hveck Daily 9. Total Nitrogen E 10. Total Phosphorus E 11. Toxics and Toxicity «* «* ** ** 12. Conductivity E Weekly Weekly 3/wcek Daily 13. Conductivity U,D Weekly Weekly 3lwcek t 3/week+ LUMBER AND WOOD PRODUCTS (EXCLUDING WET DECKING) MINIMUM REQUIREMENTS FOR SIC 2400-2599 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS I CLASS It CLASS III CLASS IV 1. pH E Weekly Weekly 3/week Daily 2. Temperature, °C E Weekly Weekly 3/week Daily 3. BOD, 5-day, 20°C E 2/month Weekly 3lweck Daily 4. COD E Monthly 2/month Weekly 3lweck 5. Total Phenols E 2/month Weekly 3/wcck Daily G. TSS E 21month Weekly 3/week Daily 7. Total Nitrogen E * « 8. Total Phosphorus E 9. Toxics and Toxicity ** ** ** ** WATER QUALITY LIMITED 1. Dissolved Oxygen E Weekly Weekly 3lweck Daily 2. Dissolved Oxygen U,D Weekly Weekly 3/wcck+ 3/weck+ 3. PH E Weekly Weekly 3/wcck Daily 4. Temperature, OC E Weekly Weekly 3/week Daily S. Temperature, OC U,D Weekly Weekly 3/wcck+ 3lwcck-F 6. BOD, 5-day, 200C E 2/month Weekly 3/week Daily 7. COD E 2/month Weekly 3/week Daily 8. Total Phcnols E 2/month Weekly 3lwcck Daily 9. TSS E 2/month Weekly 3/week Daily 10. Total Nitrogen E 11, Total Phosphorus E 12. Toxics and Toxicity ** ** ** ** 13. Conductivity E Weekly Weekly 3hveck Daily 14. Conductivity U,D Weekly Weekly 3/wcck+ 3hvicek+ NOR"I'll CAROLINA ADM INISTRATIVF. CODE: Effective August 2, 1993 Page 12 of 12 J ENR-ENVIRO MENTAL MANAGEMENT COMMISSION T15A: 0211.0500 PAPER AND ALLIED PRODUCTS MINIMUM REQUIREMENTS FOR SIC 2600-2699 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 II Ill IV 1. PH E Weekly Weekly 3/week Daily 2. Temperature, °C E Weekly Weekly 3/week Daily 3. BOD, 5-day, 20°C E 2/month Weekly 3/week Daily 4, TSS E 2/month Weekly 3/week Daily 5, Total Nitrogen E 6. Total Phosphorus E 7. Toxics and Toxicity ** ** ** ** WATER QUALITY LIMITED I. Dissolved Oxygen E Weekly Weekly 31week Daily 2. Dissolved Oxygen U,D Weekly Weekly 3lweek+ 3hvcck+ 3. PH E Weekly Weekly 3/week Daily 4, Temperature, °C E Weekly Weekly 3lweck Daily 5. 'Temperature, °C U,D Weekly Weekly 3lweek+ 3lweek+ 6, BOD, 5-day, 20°C E 2/month Weekly 3/week Daily 7. TSS E 2/month Weekly 3/week Daily 8. Total Nitrogen E 9. Total Phosphorus E 10. Toxics and Toxicity ** ** ** ** 11. Conductivity E Weekly Weekly 3/week Daily 12, Conductivity U,D Weekly Weekly 3lweek+ 3/week+ i CHEMICAL AND ALLIED PRODUCTS MINIMUM REQUIREMENTS FOR SIC 2800-2899 EFFLUENT LIMITED REQUIRED TEST LOCATION IREQUENCY CLASS CLASS CLASS CLASS 1 11 I[I IV 1. PH E Weekly Weekly 3/week Daily 2. Temperature, °C E Weekly Weekly 3/week Daily 3. BOD, 5-day, 20°C E 2/month Weekly 3/week Daily 4. TSS E 21month Weekly 3/week Daily 5, Total Nitrogen E * ' 6. Total Phosphorus E 7. Toxics and Toxicity ** ** ** ** WATER QUALITY LIMITED I. Dissolved Oxygen E Weekly Weekly 31week Daily 2. Dissolved Oxygen U,D Weekly Weekly 3lweek+ 3hvicek+ 3, PH E Weekly Weekly 3/week Daily 4. Temperature, °C E Weekly Weekly 3/week Daily 5, Temperature, °C U,D Weekly Weekly 3/week+ 3lweek+ NORTH CAROI,.INA AD19[N[STRA'I']VE ('O1)E Effective Au rust 2 1993 Pave 13 of 13 ENR-EN VIROAVENTA L A111NAGEMENT COMMISSION T15A: 02B .0500 6. BOD, 5-day, 20°C E 2/month Weekly 3/week Daily 7, TSS E 2/month Weekly 3/week Daily 8. Total Nitrogen E 9. Total Phosphorus E 10. Toxics and Toxicity ** ** ** ** I1. Conductivity E Weekly Weekly 31week Daily 12, Conductivity U,D Weekly Weekly 3/wcck+ 31wcck+ PETROLEUM REFINING AND RELATED INDUSTRIES MINIMUM REQUIREMENTS FOR SIC 2900-2999 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 II III IV 1. pH E Weekly Wcekly 3/wcck Daily 2. Temperature, °C E Weekly Weekly 3/weck Daily 3. BOD, 5-day, 20'C E 2/month Weekly 3/week Daily 4. TSS E 2/month Weekly 3/week Daily 5. Total Phenols E 2/month Weekly 3/week Daily b. Oil and Grease E 2/month Weekly 3/week Daily 7. Total Nitrogen E 8. Total Phosphorus E 9. Toxics and Toxicity ** ** ** ** WATER QUALITY LIMITED 1_ Dissolved Oxygen E Weekly Weekly 3/week Daily 2. Dissolved Oxygen U,D Weekly Weekly 3lweck+ 3lweck} 3. pH E Weekly Weekly 3/week Daily 4. Temperature, °C E Weekly Weekly 3/week Daily 5. Temperature, °C U,D Weekly Weekly 3/wcck+ 3iweck-j- 6. BOD, 5-day, 20°C E 2/month Weekly 31weck Daily 7. TSS E 2/month Weekly 3/week Daily 8. Total Phenols E 2/month Weekly 3/week Daily 9. Oil and Grease E 2/month Weekly 3/week Daily 10. Total Nitrogen E 1 I , Total Phosphorus E 12. Toxics and Toxicity 13. Conductivity E Weekly Weekly 3/week Daily 14. Conductivity U,D Weekly Weekly 3/wcck+ 3lweek-i- LEATHER AND LEATHER PRODUCTS MINIMUM REQUIREMENTS FOR SIC 3100-3199 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 11 111 IV 1. pH E Weekly Weekly 3/week Daily 2. Temperature, °C E Weekly Weekly 3/week Daily NORTH CAROLINA ADMINISTRATIVE CODE Effective August 2. 1993 Page 14 of 14 0 ENR-ENVIRONMEA74L MANAGEMENT COMMISSION T1 SA: 02B .0500 3. SOD, 5-day, 20°C E 2/month Weekly 3/week Daily 4. TSS E 21month Weekly 3/week Daily 5_ COD E 2/month Weekly Weekly Daily 6. Ammonia Nitrogen E Monthly Weekly Weekly Weekly 7. Oil and Grease E 2/month Weekly 3lwcck Daily 8_ Turbidity E Weekly 3/week Daily Daily 9. Total Nitrogen E 10, Total Phosphorus E 11, Toxies and Toxicity ** ** ** ** WATER QUALITY LIMITED _ Dissolved Oxygen E Weekly Weekly 31wcck Daily 2. Dissolved Oxygen U,D Weekly Weekly 3lweek+ 3lwcck+ 3. pH E Weekly Weekly 3/week Daily 4. "Temperature, °C E Weekly Weekly 3/week Daily 5. Temperature, °C U,17 Weekly Weekly 3lweek+ 3lwcck+ 6. BOD, 5•day, 20°C E 2/month Weekly 3lweek Daily 7. TSS E 2/month Weekly 3/week Daily 8_ COD E 2/month Weekly 3lweck Daily 9. Ammonia Nitrogen E 2/month Weekly 3/week Daily 10. Oil and Grease E 2/month Weekly 3/week Daily H. Turbidity E Weekly Weekly 31week Daily 12. Total Nitrogen E *' 13. Total Phosphorus E 14. Toxies and 'Toxicity ** ** ** ** 15. Conductivity E Weekly Weekly 3/week Daily 40 16. Conductivity U,D Weekly Weekly 3lwcck+ 3lwcck+ FABRICATED METAL PRODUCTS EXCEPT ORDINANICE:MACHINERY_. AND TRANSPORTATION EOUIPMEN'T MACHINERYELECTRICAL MACHINERY, NOUIPMENT ANT) SUPPLIES , MINIMUM REQUIREMENTS FOR SIC 3400-3699 EFFLUENT LIM(TED REQUIRED "-EST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 lI 111 IV 1. pH E Weekly Weekly 3/week Daily 2. Temperature, °C E Weekly Weekly 3/week Daily 3. Oil and Grease E 2/mo6th Weekly 3/week Daily 4. Total Nitrogen E 5. Total Phosphorus E 6. Toxics and Toxicity 7. Dissolved Oxygen E Weekly Weekly 3/week Daily WATER QUALITY LIMITED 1. Dissolved Oxygen E Weekly Weekly 3/week Daily 2. pH E Weekly Weekly 3/week Daily 3. 'Temperature, °C E Weekly Weekly 3/week Daily 4. Oil and Grease E 2/month Weekly 31week Daily 5. Total Nitrogen E. * NORTH CAI2OLINA ADMINISTRATIVE CODE Effective Au oust 2 1993 Pale 15 of 15 ENR-ENVIRONMENTAL AIANAGEMENT COMMISSION T15A: 02B .0500 6. Total Phosphorus 1: 7. Toxics and Toxicity ** ** ** ** ELECTRICAL AND GAS SERVICES MINIMUM REQUIREMENTS FOR SIC 4900-4939 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 II 111 IV I. pH E Weekly Weekly Weekly Wcckly 2. Temperature, *C E Weekly Weekly Weekly Weekly 3. Total Nitrogen E 4. Total Phosphorus E 5. Toxics and Toxicity ** ** ** ** WATER QUALITY LIMITED 1. Dissolved Oxygen E Weekly Weekly Weekly Weekly 2. pH E Weekly Weekly Weekly Weekly 3. Temperature, 6C E Weekly Weekly Weekly Wcekly 4. Total Nitrogen E 5. Total Phosphorus E 6. Toxics and Toxicity ** ** ** ** Note: The following monitoring for steam electric generating establishments discharging once through cooling water or cooling tower biowdown shall be required whether or not the discharge is from a classified facility. REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS 1 11 III IV I • Temperature, °C E Cont. Cont. Cont. Cont. 2. Temperature, °C U, D 3/week+ 3/week+ 3/weck+ 3/week+ 3. Flow Continuous Continuous Continuous Continuous during during during during discharge discharge discharge discharge WATER SUPPLY PLANTS MINIMUM REQUIREMENTS FOR SIC 4941 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS I 11 111 IV 1. Settleable Solids E Weekly Weekly Weekly Weekly 2. TSS E 2/month 2/month 2/month 2/month 3. Turbidity E Weekly Weekly Weekly Weekly 4. pH E Weekly Weekly Weekly Weekly 5_ Chloride E Weekly Weekly Weekly Weekly NORTH CAROLINA ADMINISTRATIVE CODE Effective August 2, 1993 Page 16 of 16 E NR-EN VIRONMENTA L MANAGEMENT COMMISSION T151t: 028 .0500 • i DOMESTIC WASTEWATER AND OTHER FACILITIES DISCHARGING PRIMARILY DOMESTIC MINIMUM REQUIREMENTS FOR SIC 4952 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS I ' 11 111 IV 1. pH E 2/month Weekly 3/week Daily 2, "Temperature, °C E Wcekly Weekly 3/wcck Daily 3, BOD, 5-day, 200C I,E 2/month . Weekly 3/week Daily 4, TSS 1,13 2/month Weekly 3/week Daily 5. Ammonia Nitrogen E Monthly 2/month Weekly 3/week 6. Decal Coliform E 2/month Weekly 31weck Daily 7. Total Nitrogen E & Total Phosphorus E 9. Toxics and "toxicity ** ** ** ** WATER QUALITY LIMITED 1. Dissolved Oxygen E Weekly Weekly 3lweck Daily 2. Dissolved Oxygen U,D Weekly Weekly 3/week+ 3hvicek+ 3, pH E 2/month Weekly 3/week Daily 4. "Temperature,'C E Daily Daily Daily Daily 5. 'Temperature, 05 U,D Weekly Weekly 3lweck+ 3/week+ 6. BOD, 5-day, 20°C E,l 2/month Weekly 3/wcck Daily 7. TSS E,1 2/month Weekly 3lweck Daily & Ammonia Nitrogen E 2/month Weekly 31weck Daily 9. Residual Chlorine E 2/week 2/week 3/week Daily 10, Fecal Coliform Es 2/month Weekly 3/week Daily I. Fecal Coliform U,D 2/month Weekly 3/wcck+ 3/wcck+ 12. Conductivity E Weekly Weekly 3/week Daily 13, Conductivity U'D Weekly Weekly 3/week+ 3/wcck+ 14. "Total Nitrogen E 15. Total Phosphorus E 16. 'Toxics and-roxicity ** ** ** ** SERVICES MINIMUM REQUIREMENTS FOR SIC 7000-8999 EFFLUENT LIMITED REQUIRED TEST LOCATION FREQUENCY CLASS CLASS CLASS CLASS I ' Il Lll IV I. pl-I E Weekly Weekly 3/week Daily 2. Temperature, OC E Weekly Weekly 3/week Daily 3. BOD, 5-day, 20°C E 2/month Weekly 3/week Daily 4. rss E 2/month Weekly 3/week Daily S. Ammonia Nitrogen E Monthly 2/month Weekly 3/week 6. Detergents (NIBAS) E 2/month Weekly 3/week Daily 7. I-ecal Coliform E 2/month Weekly 3/week Daily 9. 'total Nitrogen E 9, 'total Phosphorus E Monthly 21rmonth Weekly 3/week i NOR"I'll CAROLINA ADMINISTRA'IAN . CODE Effective August 2 1993 Pave 17 of 17 E.NR-ENVIRONMENTAL AIANAGEMENT COMMISSION T1511: 026 .0500 10. Toxics and Toxicity 1. Dissolved Oxygen 2. Dissolved Oxygen 3. pH 4. Temperature, °C 5. Temperature,'C 6. BOD, 5-day, 20°C 7. TSS 8. Ammonia Nitrogen 9. Detergents (MBAS) 10. Fecal Coliform 11. Total Nitrogen 12. Total Phosphorus 13. Toxics and Toxicity 14. Conductivity 15. Conductivity WATER QUALITY LIMITED E Weekly Weekly 3/week Daily U,D Weekly Weekly 3/wcck+ 3/week+ E Weekly Weekly 3/wcck Daily E Weekly Weekly 3/week Daily U,D Weekly Weekly 3/wcck+ 3/wcck+ E 2/month Weekly 3/week Daily E 2/111onth Weekly 3/week Daily E Monthly 21month Weekly 3/week E 2/month Weekly 3/wcck Daily E 2/month Weekly 3/week Daily E # # E * # E Weekly W eckly 3/week Daily U,D Weekly Weekh• 3/wcck+ 3/wcck+ + Upstream and Downstream monitoring in water quality limited waters is to be conducted three times per week during June, July, August, and September, and once per week during the rest of the year. * Total Nitrogen and Phosphorus Monitoring (1) Monitoring Requiremcnts (A) All facilities equal to or greater than 50,000 gpd, shall monitor for total N and P. (B) Facilities less than 50,000 gpd shall monitor for total N and P when discharging into nutrient sensitive waters as designated by the Division. (2) Monitoring frequency for total N and P is based on river subbasins in two separate areas of the state as follows: (A) Western area includes the French Broad, Broad, Savannah, New, Watauga, Little Tennessee, and Wiwassee: Facility Design Capacity: Frequency (i) 50,000 gpd or higher Semi-annually (ii) 1,000,000 gpd or higher Quarterly. (13) Piedmont and Eastern area includes the Catawba, Lumber, Yadkin, Cape Fear. Chowan, Ncusc, Pasquotank, Roanoke, Tar -Pamlico, and White Oak: Facility Design Capacity Frequency (i) 50,000 gpd or higher Quarterly (ii) 1,000,000 gpd or higher Monthly. (3) Definition for Total Nitrogen and Total Phosphorus: (A) Total Nitrogen shall be the sum of total kjeldahl nitrogen, nitrate nitrogen, and nitrite nitrogen expressed as "N" in milligrams per liter (mg/1). (B) Total Phosphorus shall include all orthophosphates and condensed phosphates. both dissolved and particulate, organic and inorganic, expressed as "P" in milligrams per liter (mg/1). ** Specific test type, conditions, and limitations will be defined by permit. Toxicity limits will be applied to all major discharges and all discharges of complex wastewater. Toxicity limitations and monitoring NORTII CAROLINA ADMINISTRATIVE CODE Effective August 2, 1993 1'age 18 of 18 r� U 0 ENR-£NVIROAIMENTAL MANAGEMENT COMMISSION T15A: 02B .0500 requirements may be applied to permits for other discharges when, in the opinion of the Director, such discharge may impair the best use of the receiving water by the discharge of toxic substances in toxic amounts. Specific frequency will be defined by individual permit conditions. for most facilities with continuous and regularly occurring discharges, frequency will be defined as a minimum of quarterly. Ilisrorw Note: Authority G.S. 143-215.65; 143-215,66; 14.1-215.68; Lff. February 1, 1976; Amended Eff. April 1, 1993; December 1, 1984; No%,eneber 1, 1978, 15A NCAC 02B .0509 PENALTIES 15A NCAC 02B .0510 SEN'FRABILITY Itistoly Note: Authuriry G.S. 143-215.68; 143-215.69: Eff. Febrirary 1. 1976; Repeated Eff. December 1, 1984, l NORTH CAROLINA ADN1lNIS'rRATIVE CODE Effective Auuust 2, 1993_J hake 19 of 19 �~rT.4 � 1 M I Fj l ,� � s .y /� ,r .. � _ ��� s� + - _ /' ` � � � -_�, ram!- 1;��-_ t _ - - F v .,i� � � � }�.r - ._. .. 1', �, _ '�_$. i 'r-. - - ,. ,�. ' �. � .,^, w � r a � _ ti i � ;` � ;�ra�'.. _ - { -.tee- � .�i- t ., � ��� �+ n A� (}1 v L _S �^ F :;� .. ter.:, �- _�. ' f� .lsy`r,#�-'f��ir+'":�i `; _ �R, �� rt �� ,, F J; �, .. -� �, � y r' BY 'L 1 r � ��.t�5};9� ` i�yr4 , lr f jr, ry` f - F J,.k. - Yi � ,.i� .i �_ 11 t1.`✓74"' „73� i` �'t; �� � T��:. Y,� �:, k k1. ll,l �, �,,.,.. � , ` r:.�1- I K! 'lL�'4r. ���r. ! 1�51� L�rA-'s Y r' '.{, F 1 11ii � � WIT ...,._ � � ., JIB. �/i Y n. �IS .+.- r. ,_ � .., r Y ftiy 'fir �� `� - �.,' �,/ �' '_ ' � r �l - � 5�•' mil.'-F r ' ,.f� � +y ' r i i ..... - - - - - - i i. 'r K I" `�F.JI-p` y V,�. ' •4' A �*�j�� l •rL fr { � �� ryn'' `\�i,�, I y .� I k!' ,ir,°, ..�� i b r � e .� j,l '- y v - .ti �• � a _�1tiy�i t1p . � i� CF e ' - 4 F S yr t �4- Y _ ;-"rA rr..'rJ. ��•� -imp. LSIGMA ENVIRONMENTAL SERVICES, Inc. February 19, 2008 Mr.. Al Hodge Regional Supervisor Surface Water Protection Section Division of Water Quality Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Hodge: ROE C in'A FED FEB 2 2 z008 DWO't AR0 This responds to your correspondence dated January 23, 2008 to Mr. Bonney G. Bright, President of the Bonney G. Bright Sand Company regarding North Carolina NPDES Permit number NCG02701, for the Currituck County Sand Mine. Mr. Bright has recently (10-20-07) retained Sigma Environmental Services, Inc. to assist the Bonney G. Bright Sand Company in complying with all relevant environmental requirements related to his sand mine operations. Sigma will endeavor to provide a thorough response to the issues raised in your letter. Prior to any on -site development of the Currituck County sand mine, Mr. Bright applied for and was issued a Mining Permit on March 8, 2006. Mr. Bright also applied for and received a Stormwater Discharge Permit, General Permit number NCG02000, Certificate of Coverage NCG020701. Also holding a valid Currituck County Conditional Use permit, the Bonney Bright Sand Company believed they held all the necessary permits to undertake the mining operation and was in complete compliance with all applicable laws and regulations. In an email transmission from Ms. Bethany Georgoulias to Sigma dated 12/17/2007 (copy attached), she provided clarification on the issue of stormwater only discharge verses mine dewatering discharge permit applicability to the original Certificate of Coverage issued to the Bonney Bright Sand Mine. In good faith to comply with her interpretation, a new Notice of Intent for a NPDES permit modification was submitted to the Stormwater Permitting Unit via correspondence dated December 18, 2007. Additional information was supplied to the Stormwater Permitting Unit via correspondence dated February 1, 2008. 1513 SANDBRUDGE ROAD, VIRGINIA BEACH, VIRGINIA 23456 Business Cell (757) 615-9974 fax (757) 426-5145 Your letter of January 23, 2008 states that "Jeffery A. Manning, of the Division of Water Quality, made a site visit to the Knotts Island mine on Tuesday November 13`h, (sic) 2007. 1 understand per your conversation [Mr. Bright] with Mr. Manning upon his site visit that your facility has dewatered and discharged to waters of the state of North Carolina without a permit". A resultant Notice of Violation, NOV-2008-DV-0046 was issued by you to Mr. Bright on January 23, 2008. Sigma has reviewed the files relevant to the allegation of violation and provides the following information for your consideration. As designed and approved, the sand mine is surrounded on three sides by a surface Recharge Swale, located entirely in prior converted cropland. Mine waters are pumped to the surface into the Recharge Swale. If and when the water levels within the Recharge swale rise high enough, water flows through one or more of four static discharge pipes into existing active shallow farm field ditches. These ditches ultimately drain into a collector ditch which flows to the east. Flow within the collector ditch is restricted by a series of four flashboard riser water control structures_ The collector ditch then routes flow in a northeasterly direction. The ditch crosses the North Carolina -Virginia border and flows in a northwesterly direction to water control structure number 5, situated approximately 550 feet due north the VA -NC border. Any water that overtops the flash board riser is discharged to the waters of the Commonwealth of Virginia not state waters of North Carolina. For your edification, I have enclosed a copy of the "Mining Development Plan for the Bright Mine" which clearly shows (in highlights) the location and orientation the Recharge Swale, direction of discharge flow, the VA -NC border and location of the outfall structure. It is a fact that any/all stormwater, mine dewatering or commingled waters generated from the Currituck County mine are discharged to the surface waters of the Commonwealth of Virginia. It is also a fact that no such stormwater, mine dewatering or commingled waters generated from the Currituck County mine waters are discharged to surface waters of the State of North Carolina. Therefore, it is our opinion and position, that North Carolina DWQ is without legal foundation and/or authority to require any NPDES permit or to cite the Bonney Bright Sand Company in violation of any statute which it has no legal authority to invoke or enforce outside of the North Carolina state boundary. For the record, it should also be noted the discharge point is located in a man- made drainage channel to Back Bay, a tributary to the Albemarle Sound, not the Pasquotank River Basin. It is Mr. Bright's desire to be fully compliant with all applicable laws and regulations. To that end, we look forward to your review of our response and a timely resolution of the issues at hand. If you have any questions, please do not hesitate to contact me at business cell (757) 615-9974, Email: Rharoldiones u,aol.com or the letterhead address. t ' 1„ - .. i T • ., ', 1 is i.-,': •S 1 ,, •H ,'l •s ,. ..'� .1. .'if I �. ,1 •! ..I.'i'. 13, •! L, a I!' .1rit •I j i s r • i- .{• •i. ,r. .. fr {. ':;,. ! .! -'tk` 'tr, .ti; IiI!: .. •- :r, 1{ iaSr . •T7 :1. � ! . ... + .a. 1 r'r: 1.•r.. ! .. '�' -,. 1 . .i- ..{'4 , ,1 1 � .• � .. . ar.s'-y , ' •:l,.l 1 1 „t � t '1. .-, ' ,'�••.� ;� S . .. :spa `'4 ' ..'_ �•r•. r•i ... r .S''�• �' i, s • u , Sincerely, R. Harold President Enclosures Cc: Mr. Bonney G. Bright w/o enclosures Page 1 of 2 Subj: Re: Sand mining permti Date: 12/17/2007 6:02:32 AM Pacific Standard Time From: Beth any,Georggulias@ncmail.net To: RHaroldJones@aol`com CC: bob. guerra@ncmail_net, Susan_A.Wilson@(icmail.net, sarah.y_oung@ncmaii.net, bradleY_hennett@ncmail.net Harold, As we discussed this morning, if the original Certificate of Coverage (COC) was written to cover stormwater only, mine dewatering discharge is not covered, and your client will need to reapply for NCG02. We will probably be able to process it as a modification to the existing NCG020701, so please be sure to indicate this on the NOI form. You can find the NOI application for NCG02 here: hftp://h2o.enr.state.nc.us/su/Forms—Documents.htm#stormwaterGP The reason your client should reapply is because we need to ensure additional technical review is completed for any wastewater discharges that were not indicated on the original application. I apologize for the confusion. It is true that NCG02 general permit covers both types of discharges, but the COC must be consistent with the original application. When the COC is written to authorize stormwater discharges only, wastewater discharges are not covered. If the original application did indicate mine dewatering, and the COC was processed incorrectly, we will work with you to make the correction. Regards, Bethany Georgoulias Susan Wilson wrote: > Harold, > >From what you described to me - sounds like your client is covered by > the SW general permit for sand mining (key words being sand MINING). > > The NPDES wastewater general permit (NCG5500000) covers all waters > associated with instream sand dredging (key words being INSTREAM sand > dredging activities). > Sounds like your client excavates sand and de -waters (and has a > discharge completely associated with mining activities, including > associated stormwater, rather than instream sand dredging/mining > activities). > So - I'm of the opinion that your client is sufficiently covered by Monday, December 17, 2007 America Online: Rharoldjones Page 2 of 2 > NCG020701. You may wish to reconfirm that with Bethany Georgoulias or > Bob Guerra on Monday. It's understandably a bit confusing! > Bethany - Mr. Jones said he spoke with Steve Manning in WaRO (so we > may need to clarify with him). > *Susan A. Wilson, P.E.* > Supervisor, Western NPDES Program > (919) 733 - 5083, ext. 510 > 1617 Mail Service Center > Raleigh, NC 27699-1617 Bethany Georgoulias Environmental Engineer INC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany-georgoulias@ncmail.net Monday, December 17, 2007 America Online: Rharoldjones 1 �1 ' • Y. • .Z • r• t: N IS[G.'v1_1 SLRVICES.Inc, February 19, 2008 Mr. Al Hodge Regional Supervisor Surface Water Protection Section Division of Water Quality Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Hodge: LIAR 19 2008 Do Vu:,ry- _I I R Q This responds to your correspondence dated January 23, 2008 to Mr. Bonney G. Bright, President of the Bonney G_ Bright Sand Company regarding North Carolina NPDES Permit number NCG02701, for the Currituck County Sand Mine. Mr. Bright has recently (10-20-07) retained Sigma Environmental Services, Inc. to assist the Bonney G. Bright Sand Company in complying with all relevant environmental requirements related to his sand mine operations. Sigma will endeavor to provide a thorough response to the issues raised in your letter. Prior to any on -site development of the Currituck County sand mine, Mr. Bright applied for and was issued a Mining Permit on March 8, 2006. Mr. Bright also applied for and received a Stormwater Discharge Permit, General Permit number NCG02000, Certificate of Coverage NCG020701. Also holding a valid Currituck County Conditional Use permit, the Bonney Bright Sand Company believed they held all the necessary permits to undertake the mining operation and was in complete compliance with all applicable laws and regulations. In an email transmission from Ms. Bethany Georgoulias to Sigma dated 12/17/2007 (copy attached), she provided clarification on the issue of stormwater only discharge verses mine dewatering discharge permit applicability to the original Certificate of Coverage issued to the Bonney Bright Sand Mine. In good faith to comply with her interpretation, a new Notice of intent for a NPDES permit modification was submitted to the Stormwater Permitting Unit via correspondence dated December 18, 2007. Additional information was supplied to the Stormwater Permitting Unit via correspondence dated February 1, 2008. ICI 1.'�AN1)RR1r)G1:. r OAD VIRGIN IA BFACI-l. VIRGIN1A 23456 r rr �JUVri 't2eq j Your letter of January 23, 2008 states that "Jeffery A. Manning, of the Division of Water Quality, made a site visit to the Knotts Island mine on Tuesday November 13'', (sic) 2007. I understand per your conversation [Mr. Bright] with Mr. Manning upon his site visit that your facility has dewatered and discharged to waters of the state of North Carolina without a permit". A resultant Notice of Violation, NOV-2008-DV-0046 was issued by you to Mr. Bright on January 23, 2008. Sigma has reviewed the files relevant to the allegation of violation and provides the following information for your consideration. As designed and approved, the sand mine is surrounded on three sides by a surface Recharge Swale, located entirely in prior converted cropland. Mine waters are pumped to the surface into the Recharge Swale. If and when the water levels within the Recharge swale rise high enough, water flows through one or more of four static discharge pipes into existing active shallow farm field ditches. These ditches ultimately drain into a collector ditch which flows to the east. Flow within the collector ditch is restricted by a series of four flashboard riser water control structures. The collector ditch then routes flow in a northeasterly direction. The ditch crosses the North Carolina -Virginia border and flows in a northwesterly direction to water control structure number 5, situated approximately 550 feet due north the VA -NC border. Any water that overtops the flash board riser is discharged to the waters of the Commonwealth of Virginia not state waters of North Carolina. For your edification, I have enclosed a copy of the "Mining Development flan for the Bright Mine" which clearly shows (in highlights) the location and orientation the Recharge Swale, direction of discharge flow, the VA -NC border and location of the outfall structure. It is a fact that any/all stormwater, mine dewatering or commingled waters generated from the Currituck County mine are discharged to the surface waters of the Commonwealth of Virginia. It is also a fact that no such stormwater, mine dewatering or commingled waters generated from the Currituck County mine waters are discharged to surface waters of the State of North Carolina. Therefore, it is our opinion and position, that North Carolina DWQ is without legal foundation and/or authority to require any NPDES permit or to cite the Bonney Bright Sand Company in violation of any statute which it has no legal authority to invoke or enforce outside of the North Carolina state boundary. For the record, it should also be noted the discharge point is located in a man- made drainage channel to Back Bay, a tributary to the Albemarle Sound, not the Pasquotank River Basin. It is Mr. Bright's desire to be fully compliant with all applicable laws and regulations. To that end, we look forward to your review of our response and a timely resolution of the issues at hand. If you have any questions, please do not hesitate to contact me at business cell (757) 615-9974, Email: or the letterhead address. • Y - � � - � i � �' t� - . ,` • sue' t _ _ � _ . � - _ - � � • . v ' - 1. _ � -' ' , _~ � .. - ` • , � _. ,.� � ' �'. � �` _ �� � � � tit L� ♦ � r.. � ,�,' •` 1 Sincerely, R. arc Id Jones, WS President Enclosures Cc: Mr. Bonney G. Bright w/o enclosures Page I of 2 Subj: Re: Sand mining perm#i Date: 12/1712007 6:02,32 AM Pacific Standard Time From: Bethany. GeorgouliasO5ncm i!.net To: PHaroldJones@ao?.ccm CC: bob.auerra@ncrnail.net, Susan.A,Wilson@ncmail.net, sarah.young@ncmail.net, bradley.bennett@ncr ail.net Harold, As we discussed this morning, if the original Certificate of Coverage (COC) was written to cover stormwater only, mine dewatering discharge is not covered, and your client will need to reapply for NCG02. We will probably be able to process it as a modification to the existing NCG020701, so please be sure to indicate this on the NO) form. You can find the NOI application for NCG02 here: http://h2o.enr.state. nc_us/su/Forms Documents. htm#stormwaterGP The reason your client should reapply is because we need to ensure additional technical review is completed for any wastewater discharges that were not indicated on the original application. I apologize for the confusion. It is true that NCG02 general permit covers both types of discharges, but the COC must be consistent with the original application. When the COC is written to authorize stormwater discharges only, wastewater discharges are not covered. If the original application did indicate mine dewatering, and the COC was processed incorrectly, we will work with you to make the correction. Regards, Bethany Georgoulias Susan Wilson wrote: > Harold, »From what you described to me - sounds like your client is covered by > the SW general permit for sand mining (key words being sand MINING). > The NPDES wastewater general permit (NCG5500000) covers all waters > associated with instream sand dredging (key words being INSTREAM sand > dredging activities). > Sounds like your client excavates sand and de -waters (and has a > discharge completely associated with mining activities, including > associated stormwater, rather than instream sand dredging/mining > activities). > So - I'm of the opinion that your client is sufficiently covered by Pagc 2 of 2 > NCG020701. You may wish to reconfirm that with Bethany Georgoulias or > Bob Guerra on Monday. It's understandably a bit confusing! > Bethany - Mr. Jones said he spoke with Steve Manning in WaR4 (so we > may need to clarify with him). > 'Susan A. Wilson, P.E.* > Supervisor, Western NPDES Program > (919) 733 - 5083, ext. 510 > 1617 Mail Service Center > Raleigh, NC 27699-1617 Bethany Georgoulias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net Feb 04 00 03.P7p ill 0000000000 p.1 ` - + Page l of t 5ubj: well water tests Date: 1=1200e 1 2-25,12 PM Eastem Standard Time From: To: The following is the data pertaining to the well drilled at 6480 Pocohontas Club Rd, dtd 8 Feb 2001- Well depth; 6T Yield: 12gpm Static level; I V Xron(fe) .5 - .8 ppm Clorides 100 PH 7.6 (no noticible odor to water) Isl el stan N&M miss a thing. Thursday, January 31, 2008 America Online: JLOff137 Feb )4 00 00.27P 111 0000000000 p.2 UNIVERSAL LABORATORIES 715 Resowch Drive Hamptwy Va zMe (OrderJD: I REPORT OF ANALYSIS ` 0$0128$ rr, �r,r�rc r�m1 e�c aeo (REPORT aATq Tou,�L: �i.rloa r#7,; ETSJI ro6.�rte T0: Jade PturAl 01- 98MPI9 Nbrnber. 0001208-001 6480 P=hunta9 Club Read . affipw ID- Drink69 Wnpw $=ptv VuVrva BaaCh VA 23457 Grab DataMma: lr, wz048 m3o ATTnI: JON) Pumell Composite Swrl: WA QMpGait0 510p. NfA Projad ID: WA cAlQttGd ey: CUENT Prolart P NIA Site: Orin" Water Sample Matrix; 06nkiV Water Comments ror orr4ar: Test Wlhod Rr ,h Unitfi Limit 0Abdlimh Analyst 1 Total Sodium $M-3111 58.00 team 0.06 U29120M EF 13-351.00 Chloride SM-4500 CUB 233 MgVL 1 td25F`20W A$ 12:43:D0 cQsvMnle *w Sempk� 4D 49M z$e agt RP.a ally Submitted, 6,/0p 2 cy; WMp i OrlrUng Water LWZ 0,= 1Mwth Car0ro DArwhlp WMH IJDI 80TM VIDEO teb AM0003 NOM Cdf011d8 WaalftfiwwlGro� rA 1. r.d • du EPA tA8 GOD[ VADD812 oeOr%=-Xl /I ' k 01 �v-off-Sc January 23, 2008 CERTIFIED MAIL 7007 0220 0003 1487 1482 RETURN RECEIPT REQUESTED Bonney Bright OCCRO Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina llepanment or Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality Bonney Bright Sand Co 5513 Buzzard Neck Rd Virginia Beach VA 23457 k"; Subject: NOTICE OF VIOLATION 'y 4 NOV-2008-DV-0046 Permit No. NGG020701 1 ; Bonney Bright Sand Company Currituck County i ITC-4- Dear Mr. Bright: Jeffery A, Manning, of the Division of Water Quality, made a site visit to the Knotts Island .mine site clTuesday November 13th, 2007. 1 understand per your conversation with Mr. Manning upon his site visit that your' facility has dewatered and discharged to waters of the state of North Carolina without a permit. Please be advised that NCGS 143-215.6 of the state Water Quality Statutes provides: "A civil penalty of not more than twenty five thousand dollars ($25,000) may be assessed by the [Environmental Management] Commission against any person who is required but fails to apply for or to secure a permit required by G.S. 143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit." NCGS 143-215.6 further provides that "if any action or failure to act is continuous, the Commission may assess a penalty not to exceed twenty five thousand dollars ($25,000) per day for so long as the violation continues." Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action for this and any additional violations of State law. To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 30 days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the recurrence of similar situations. If you should have any questions, please do not hesitate to contact Jeffery A. Manning at 252-948-3966. Sin erely, Al Hodge, Regional Supervisor Surface Water Protection Section Washington Regional Office Division of Water Quality Cc: WO Central Files �ren Rust -Eastern NPDES Program aRO Enforcement Files Noll hCaroli na �l rrturnll� North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-648t Customer Service Internet: www,newaterquality.org 943 Washington Square Mall, Washington, NC 27889 FAX (252} 946-9215 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper stal Service,. DaIFIED F MAILM RECEIPTc Mail Only; No insurance Coverage Provided) y information visit our website at www.usps.come OO Return Receipt Fee U�D4A/J�tN%o (Endorsement Required) Restricted Delivery Fee p (Endorsement Requlred) rt1rt1 TotalPosfaae& Fees .Si I3 tti BONNEY BRIGHT C3 N9 BONNEY BRIGHT SAND CO """"""" r` °rA 5513 BUZZARD NECK RD VIRGINIA BEACH VA 23457 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: BONNEY BRIGHT BONNEY BRIGHT SAND CO 5513 BUZZARD NECK RD VIRGINIA-BEACH VA 23457 A Signatu L ❑ Agent ❑ Addressee B. R Ived by { nted ) C. Date of Del �j F- LFA)d f a-1 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Se Ice Type IkCeniTied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.Q.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Ar 7007 0226 `bbb I�4 8 r r; (Tr PS Form 3811, February 2004 Domestic Return Receipt 1025s5-02-ta;tsa0' WETLAND PROTECTION STRATEGIES For Bonney Bright Sand Company Currituck County Mine Knotts Island, North Carolina Prepared: January 30, 2008 E Sigma Environmental Services Inc. Virginia Beach, Virginia I (f)e TEFr= MA NNI l✓(r The following provides a short discussion on the siting and design components of the Bonney Bright Sand Mine Plan which were employed to assure that no adverse impacts to existing wetland resources would result from implementation of the mining operation. The "Mining Development Plan for Bright Mine" dated 3-17-04 shows the location and limits of jurisdictional wetlands as approved by the Wilmington District Corps of Engineers. The forested wetlands are located on the subject property but outside of the Permit Boundary. Surface Drainage The closest edge of the wetland to the top of slope of the mine is 645 feet. Located between the wetland and the edge of the pit is an Overburden Storage Area (OSA) with a design measurement of 325 feet wide by 920 feet long. A surface haul road is Iocated between the OSA and the edge of the mine. The road is bermed on both sides. A 3,646 linear foot Surface Recharge Swale encircles the mine pit. The 20 foot wide, 3 foot deep swale is located immediately adjacent to and on the outside of the haul road. Design elevation of the haul road is 5.5 feet. The wetlands are located at elevation 2.0 feet and below. Given the fact that the surface elevation of wetland area is lower in elevation than the surface area immediately adjacent to the edge of the mine, the potential for the loss of supporting wetland hydrology loss via runoff to the mine is non-existent. Subsurface Drainage Supporting hydrology for this forested wetland system is primarily precipitation, however that is supplemented by translocation of surface waters, via hydraulic head, through the surface soil horizons from the Back Bay. The wetland gently slopes to the cast and eventually transitions into a herbaceous system which is hydrologically supported entirely by the waters of Back Bay. The volume and duration of this hydrological input is directly dependent on the water levels in Back Bay. Water levels Fluctuate widely depending on the direction and duration of sustained winds over the system_ The greater the wind velocity and duration from the southern vectors, the greater the experienced water levels are in the Bay. Accordingly, increased rates of surface flooding and soils saturation occur. These surface hydrologic inputs act independently of any activity associated with the sand mine and are not affected by the mining activity. A component of the mining plan also incorporates a perimeter Recharge Swale (RS) encircling the mine on three sides. Water is pumped from the mine pit up and into the RS. When water levels rise high enough in the RS, water is released through connection pipes into 4 pre-existing farm field ditches. The ditches flow to the south to a pre-existing farm collector ditch. The collector ditch is regulated by 4 llashboard riser water control structures. The collector ditch flows from west to east and fronts the forested wetland area. Pumping excess mine/stormwater to the surface ditching system increases the soil moisture content within the existing farm fields and coincidingly augments the near surface hydrology of the forested wetland, increasing the hydrologic support of the system. Underlying soils within the wetland consist predominately of Tomotley silt loam, and a small area of Bojac loamy sand located in the southwest earner of the wetland. The "Tomotley series is a poorly drained soil with slopes from 0 to 2 per cent. The series has an apparent high water table between 0 and -1.0 feet from December through March. The B horizon ranges from 7 to 45 inches below the surface and exhibits a typically restrictive layer with a permeability rate of 0.6 -2.0 inches per hour. This slow permeability rate coupled with the hydrological inputs of precipitation, surface and subsurface infiltration from Back Bay and the subsurface augmentation associated with the surface recharge system, helps to ensure that no adverse impacts to the forested wetland area will result as a consequence of the sand mining activity. Jan 30 08 01:10P 111 0000000000 p•1 UNIVERSAL. LABORATORIES 20 Peseawch Drive Hampton, Va 23565 ti �Ql~08D12ss REPORT OF ANALYSIS —•— IELCPHDMC mart itt ales (itenRT DATE) �IL�REL: Im•) i7b2t6I FaY; (TJ7r wssa•u 1'0: John Pumail UI_ Sample Number, 0801288-001 600 Pocahuntas Club FtoaC 5ample EI]: Drinking Water :&uwte Virginia $each VA 7-3457 Grab Datefrime: 12212006 00:30 ATTN: John Purnell Composite St2rt: NIA Composite Stop: NIA Projecl if3: NIA Collected By: CLIENT PYcidel # NIA Site: drinking WErter Sample kilwiH: ftrinking Water Gommortls Ibr Order. Parameter Method ' i�i w�r•i•u•ivr••�nnmm��i�tr Test pr,. uIF Units � tJL ROpori Analysis Limit batef'rimedlyst r+� T' tQ S007 $M-3111 5$.00 mglt_ 0105 1/25=00 EF 13:35,00 Chlpriue SM-4500 GU5 233 mglL 1 1RWO08 AB 12;43;04 t`_ommq,# rvr$empls ID 060120-0011 Red Cdujjy Submitted, nq. z a 7 Vlry,nia DdnkLng waver LAW DOWO Nprth Gurv" DdrkWnp 1Neter Lan fl 517011 EPA LAB COaC VA00012 -mZw-Mi VDE0 Lab dmom "Orlh carcilre w"4"alw 1GrOualm"w Lab a 50 Jan 30 06 01:16p Ill 3e-91-" 98 20,55 FROM- 0000000000 T-277 P001/001 F-329 ExplaftwM as CoUtom Analysis: If coliform bacteria are Absent, the water is considered safe for drinking purposes, if coliiform bacteria are Present, the water is considered unsafe for drinking putpgs*S, Presence of E. coh (bacteria) generally indicates that the water has been contaminated with fatal material, It must be remeWbered that A WAter atWy3iS refers only to the sample received and should not be regarded as a complete report on the water supply. lnargwie Analysis: Recommendod limbs for drinking water. Sample should not exceed levels listed below. A[Winity No established ]units Iran 030 mgll Arsenic 0.01 rng;1 Lead 0.015 nngll Calcium No established limits Magnesium No establisbod lints Chloride 250 mgn Manganese 0.05 tngll Copper 1.3 MS/a Nitrate 10 mg/l (as N) Fluoride 4 mg/1 Nitrite 1.0 mg/l (as N) Hardness No established lirnil$ pk1 '.riot kst than 4.5 units Zinc 5.0 MO Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources September 4, 2008 Mr. Rickie Gray Ready Mix Concrete Co. 669 N. Greene Street Greenville, NC 27835 Coleen H. Sullins, Director Division of Water Quality SEP 0 P2008 Subject: Return of NCG140000 NOI, #1191 Bayboro Facility Pamlico County Dear Mr. Gray: On February 26, 2008, the Division of Water Quality, Stormwater Permitting Unit received your Notice of Intent (NOI) to be covered under North Carolina's general permit NCG140000, re- submitted for your proposed Bayboro Facility. A letter requesting additional information was sent to you on March 6, 2008. Information requested has not been received in this Office within the stipulated timeframe. Per DWQ requirements and policies, this Office is hereby returning the subject application as incomplete. If you wish to reapply, please re -submit the complete application package with the correct application fee. Please contact me with any questions or comments at 919-807-6375 or robert. patterson@ncmail. net. Sincerely, Robert D. Patterson, P.E. DWQ Stormwater Permitting Unit Enclosures: Returned application package cc: Mr. Scott Farmer, El, H.C. Harris Jr. Engineering & Surveying, PA, 216 Main St, Wintervilie, NC 28590 Washington Regional Office, At Hodge SPU County Files - Pamilco County Bradley Bennett, SPU No hCarolina Nalimally North Carolina Division of'Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6375 Customer Service Internet: www.newalcLocation: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer -- 50% Recycledll 0% Post Consumer Paper tate of North Carolina Department of Environment nd Natural Resources James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Washington Regional Office 943 Washington Square Mall Washington, North Carolina 27889 Telephone - 919-946-6481 FAX - 919-975-3716 NOTICE OF NONCOMPLIANCE WITH MINING PERMIT CERTIFIED MAIL RETURN RECEIPT REQUESTED Z 026 460 296 Mr. Randolph S. Brent, III P. O. Box 221 Harbinger, NC 27941 Re: Melson Sand Pit .Hwy 1211 Currituck County Dear Mr. Brent: DIVISION OF LAND RESOURCES LAND QUALITY SECTION February 11, 1999 +-; F E 8 12 1999 WASHINGTON OREGOIONAL OFFICE This is to inform you of noncompliance with mining permit No. 27-02 issued to you and/or your firm to operate the Melson Sand Pit in Currituck County. On February 2, 1999, personnel of this office inspected the mine, as required by G.S. 74-56 of the Mining Act of 1971. The inspection disclosed that the operation was not in compliance with conditions of your mining permit. Operating Condition _#1: Mine dewatering was not done in accordance with the permitting requirements and rules promulgated by the N. C. Environmental Management Commission. Operating Condition #9: Sufficient Buffer (minimum of 20 foot undisturbed) was not maintained between the excavation in permit area "B" and the mine permit boundary. Operating Condition #12: The operator did not notify the Department in writing of the desire to delete, modify, or change any part of the mining reclamation or erosion /sedimentation control plan contained in the approved application An Equal Opportunity Employer 50% recycled/10% post -consumer paper CERTIFIED MAIL Mr. Randolph S. Brent, III February 11, 1999 Page 2 for a mining permit or any approved revision to it before mining occurred outside the approved permit boundaries and changes made to the undisturbed buffer approved permit boundaries and changed his undisturbed buffer widths. Approval to implement the changes were not obtained from the Department prior to on -site implementation of the revisions. To correct these violations you must; 1, Immediately cease dewatering of the Melson Pit until a Mining Permit has been modified to allow dewatering AND a Dewatering Pen -nit has been deemed issued by the Division of Water Quality. WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE OF DEFICIENCIES you must: a. Apply to the Division of Land Resources for a modification of the mining permit AND to the Division of Water Quality for a Dewatering Permit, providing this office with a copy of the dewatering permit application; or b. Provide this office with verification that the dewatering has permanently ceased. 2. WITHIN 15 DAYS -OF RECEIPT OF THIS NOTICE DEFICIENCIES you must either: a. Reestablish the 20 foot UNDISTURBED buffer between the excavation and the mine permit boundary. or b. Apply for a modification of the mining permit for an unexcavated rather than an undisturbed permit buffer or c. Apply for a modification of the mining permit for an unexcavated buffer of less than 20 feet. 3. WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE OF DEFICIENCIES you must either: CERTIFIED MAIL Mr. Randolph S. Brent, III February 11, 1999 Page 3 a. Apply for a permit modification to include the area affected outside the present permit boundaries, including an appropriate buffer area between the excavation and the permit boundary or b. Submit an acceptable reclamation plan for the affected area outside the permit boundary and complete the reclamation within 60 days of plan approval. If the above noncompliance is not corrected within the time specified, appropriate action will be taken to obtain compliance. The responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility rests with you for notifying this office of your plans to correct the deficiency. Please do not hesitate to contact this office regarding any questions you may have about this matter. Sincerely, Floyd R. Williams, C.P.G., P.G., C.P.E.S.C. Regional Engineer FRW:BC:sc Enclosure cc: Tracy Davis, State Mining Specialist Jim Muliian, Division of Water Quality North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED ]MINE) I. MINE NAME -S,-wf 2. MINING PERMIT #* 7- a `2- 3. OPERATOR P „,-d k -71r- 4. COUNTY 5. ADDRESS 'Pa AjC 2-7 -t 1 6. PERMIT EXPIRATION DATE GC 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? es ❑ No 10. Pictures? es ❑ No 11. Date last inspected: I I 12. Any mining since last inspection? ❑ Yes ❑ No -13.-Is the mine/#o compliance with the Operating Conditions of the Permit? ❑ Yes ❑-111'o If no, explain:(!,:.-a� t ` t 14. -Is t e mine in compliance with the Re laanation Conditions of the Permit? Yes ❑ No If no, explain: 15. Did any of the above deficiencies re ul 'n offsite damage? Yes ❑ No If yes, describe the type and severity of the damage:%s�` c '` '0e-. -� � � r i 16. Corrective measures needed and/or taken: ` r , .� ate,►-i�' D0 Vkd�o , AA : /� �'ll��J[lfrg/ '7/ f`01"% 4J4dXCwUA+rd(p f-A-KQ1•- �l n«� w-t OtUA11 01LA Peer—t-�• O.4,1: fii2fG` JI�I%2/;, TDrrt- fin �r�re�7�Yow7 • ��cC IS. Is the Annual Reclamation Report +/-map accurate? ❑ Yes No (Explain) ❑ Not Reviewed . -:h AJS s�ec.s hs,u�.4EN4 ,P .A�k«-s 01 P'�- -fly V 19. Follow-up inspection needed? D-fes ❑ No Proposed date J //c / 20. No. of additional pages of Inspection Report l . 21. Copy of Report sent to operator. /0 /99 (date) INSPECTED BY: DATE .Z Telephone No: (x 9'7L4, h F I 37y- If"hire COPY to file fellow copy to operator Pink copy to Alining Specialist 10197 el�' LAND QUALITY SECTION PROJECT: — rA cj.5o0 .S4'IQ A+ 2.7- 02 Page r-ZDf � a w �,'{.� �. I NQ Z o,s Prre kr,ea $ hoo"'JA"f 14*,k-r-6, Sv e'y risnrcR j y� L / wrloNS pl.4u- Ary�r}y I.,w/E+�SI �CL Doi1�+�+41�/ 4A PA,-"f 13 RC+J� 1 ptm;-4 8/J�"'7 ND NM iC�r o. ss 7e pip n �l � e-� d 4c.t.1I ss7 ntiF%>.-t(Z z iri�w,e, ao f c�t�c per...�-f'rv�wa•� �i COMMENTS: _ _ LiNJ 44 L'Y -42.. o o n.-jA-r-k'FT, r�s _ !s� Erle--- �kC� l� r4•-f3wovt , r�n5 ��-}�; �i�-t_�� /I �� jQ y I t n/ n Ia_J Z4.1 ...e_ - 04t s.e 41 nJ'&e-10-2h) _ AS F I*'S INSPECTED BY: DATE: —A / )—/-3� 9` I 44" 7v� IRI, 25M-35 abve-Rd t. L.@ 2017 Goo le maiiii� 'Aw m I Edgerton, Thom From: Richmond, Martin <mrichmond@withersravenel.com> Sent: Wednesday, November 08, 2017 10:10 AM To: Edwards, James; Dumpor, Samir; Wehner, Judy Cc: Edgerton, Thom; Novak, Gary; Lawter, Butch Subject: [External] RE: Jackson Sand Mine Permit No. 25-35 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. 1 appreciate the rapid turn around and feedback regarding this site. I believe ST Wooten is preparing the mining permit modification for submittal to Judy's office. I will let them know your findings regarding the NCG02. This should give them the info they need to finalize the modification and submit- If different, I will let you know. Thanks for your help Martin From: Edwards, James[mailto:james.edwards@ncdenr.govj Sent: Wednesday, November 08, 2017 10:02 AM To: Richmond, Martin <mrichmond@withersravenel.com>; Dumpor, Samir <samir.dumpor@ncdenr.gov>; Wehner, Judy <judy.wehner@ncdenr.gov> Cc: Edgerton, Thom <thom.edgerton@ncdenr.gov>; Novak, Gary <gary.novak@ncdenr.gov> Subject: Jackson Sand Mine Permit No. 25-35 Mr. Richmond, In regards to the Jackson Sand Mine Permit No. 25-35, Mr. Thom Edgerton and I walked the perimeter of the mine boundary yesterday and we did not observe any discharging of the pits during the dewatering that is taking place, therefore an NCG02 permit is not required at this time. However, in the future, if the pits are to discharge outside the permit boundary the NCG02 permit will be required. At present, the mine site is not in compliance with the permit due to Operating Condition #4C: "No dewatering activities shall occur at this site." If the mine operator wishes to continue to dewater from pit to pit then the mine operator needs to file for a permit modification through the Raleigh Central Office. I will send an inspection report to the mine operator and the Raleigh Central Office presenting our observations. Thank you kindly, James B. Edwards Environmental Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office iames.edwardsOncdenr.aov 943 Washington Square Mall Washington, NC 27889 5othtng Compares--k, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. m SUBJECT SITE u ,= ,A -�� GRAPHIC SCALE 0 5�0 /1000 2000 \ 1 inch- 5000 ft. ®®JACKSON SAND PIT DRAWNBY: SCALE: FIGLRENO: WithersRavenel 895WU570HVVY MDF 1"-1000' 1 ®® Engineers I Planners I Surveyors HAVELOCK, CRAVEN COUNTY, NC APPROVED BY: DATE: PROJECT NO-, 115MXK—Dr„,,Cxy.NC 2751+1L919.469,S340I11cm-e 0, C-08371—M:hu-1-1.cor„ GENERAL LOCATION MAP MRR 10/31/2017 02170594.0 ft w orwrw\ft*mm f.w w +woaiylm err a•rff sr. an, - Pam% rs l _ CNN - -- N �, �1� C��•17�;� SU BJ EC-T� SITE If Greve �., r---, ;r I �, 1p . t LL Q ZE .L: ,zs' .IL-4Y ` ' GRAPH S -ALE 0 5o0 �'I 000 11 — L ,L ,1 1 Incf� - 1000 ft. a1 I ®® j JACKSON SAND PIT DRAWN BY: SCALE: FIGURENO,: W{thersRavenel 895WUS70HWY MDF 1"-1000• 2 ®� Engineers I Planners I Surveyors HAVE LOC K, C RAVE N CO U NTY, NC APpgOVEO BY: OgTE: PgOIECi NO: 115 MxKcmn D,lve ICafY,NC77511I019469]7d01USGS HAVELOCK QUADRANGLE MAP MRR 10/31/2017 02170584.0 m11�1+� U71oww~m oo+-,.+.d-m w /.I+ •VM-r -r D*w.6ir5Aw- d WI. eomrlmn e+rrrr orr- m. 3"7 - lOmi ra GRAPHIC SCALE 0 i00 200 1 inch — 200 fl. 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X. upm 31 ;�;; gg - 10- IN, ..:Ti::::: l1 T9 . . . . . . . . . . . . . . . . . . . . . . . ...... 1mv F2 I, i NO Emu H34IN-i H- ! i F" i U� =2 21- F�i �4 . . . . . . . . . . SIAN NU-N—M 579-1 IMMENH RU EI AW o =,,E7 1-H-11" 011-t N-11"�1 YE IT N10-1 Fm NR ON-. RE. ZH -K t.Z=-A 'Oil �M :5 to was 0-711%210-7-7-,n :- k L MIJ P,eject A9..a No. 00 WithersRavenel I ' daart<5 � F �r Y 3; r JACKSON SAND PIT MINING PERMIT023.35 8951V US 70 NY4/Y HAVELOCK, CRAVEN COUNTY, NC CONTRACT:C203955 PROJECTS: R-5519 !A CL, I VA' NCDENR North Carolina Department of Environment and Beverly Eaves Perdue Governor Lawrence Green, Jr.; Member L&M Jacksonville investments LLC 209 Deborah Place Jacksonville, NC 28540 Division of Water Quality Cvleen H. Sullins Director March 29, 2011 Subject: Stormwater Discharge RSC .Equipment Rental — 229 Center Street (Jacksonville) onslow County Dear Mr. Green: Natural Resources Dee Freeman Secretory As a result of an inspection of the facility, conducted on March 22, 2010, this office has determined that no NPDES Stormwater Permit is required for the site. Equipment maintenance is primarily conducted under cover and the equipment washing wastewater is plumbed to the sanitary sewer for proper disposal. There were minor issues of concern noted during the inspection, namely, some of the larger equipment does not fit under the maintenance roof. Potential spills from maintenance activities can expose petroleum hydrocarbons to stormwater. An oily residue was noted in the gravel near a stormdrain. An oil sheen was found in a drop storniwater inlet. The site manager was advised to have the standing water in the drain pumped out to the oil water separator in the equipment wash bay area. There are good housekeeping efforts being practiced at the site. With more stringent employee training and self imposed site inspections, any potential sources of storniwater pollution should be adequately identified and addressed in a timely manner to avoid discharge to surface waters. We feel confident that efforts to avoid the necessity for coverage under this permit will provide enough incentive to site management and employees to ensure minimal exposure of pollutants of concern from activities at this site to storniwater. Should you or your staff have any questions concerning this correspondence, please contact me at 910-796-7343 or via entail at linda.willisi ncderin ov. 'Thank you for your attention to this matter. Sincerely, Linda Willis Environmental Engineer Surface Water Protection Section Cc: Flo Smith, Manager - RSC Rentals (229 Center Street Jacksonville, NC 28546) Bradley Bennett, Supervisor; DWQ NPDES Stormwater Permitting Unit Wilmington Regional Office — Linda Willis Central Files, Surface Water Protection Section Wilmington Regional 011ice 127 Cardinal Drive Extension Wilmington, NC 26405 Phone: 910-796-7215 / FAX: 910-350-2004 Internet: www.ncwateraualily.org one NorthCarolina JVahlrallY An Equal Opportunity/Attirmative Action Employer Customer Service 1-877-623- 6748 507. Recycled/ i 0% Post Consumer Paper ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9831 4429 Mr, Everette George Everette George Septic Service 1550 Adams Creek Road Havelock, North Carolina 28532 RE: Long Creek Sand Pit Permit No, 25-74 Craven County Neuse River Basin Dear Mr. George: NORTH CAROLINA Environmental Quality November 1, 2018 RECEIVED NOY 0 6 2018 06NR LAND QUALITY STO%WATER PERMfTTING An inspection was made of the above mine on August 30, 2018 in accordance with G.S. 74-56 of the Mining Act of 1971. The mine was found to be satisfactorily reclaimed. Therefore, your company is released from further reclamation responsibility for this site with respect to the Mining Act of 1971. I am returning your company's Assignment of Savings Account No. 5894898978 issued by Branch Banking and Trust Company in the sum of $8,200.00 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, David Miller, PE State Mining Specialist 1 DMljw Enclosure: Assignment of Savings Account No. 5894898978 c: Mr. William Gerringer-DOL, Mine and Quarry Bureau Mr. Samir Dumpor, PE Ms. Annette Lucas, PE ,94�Nft ��� North Carolina Department of Envtronmental Quality I Division of Energy, Mineral and Land kcsources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 90.707.9200 M U.S.Army Corps of Engineers Norfolk District, Southern Virginia Regulatory Section 803 Front Street Norfolk, Virginia 23510-1096 Project Number: NAO-1999-02049 Waterway: Back Bay 1. Participant: 2. Authorized Agent: Mr. John W. Purnell, III Mr. M.D. Hooker, L.S. 6480 Pocohontas Club Road 3807 Magnolia Drive Virginia Beach, VA 23457 Portsmouth, VA 23703 3. Address of Job Site, 6480 Pocohontas Club Road in Virginia Beach, Virginia. August 30, 2007 4, Project Description: Jurisdictional determination and confirmation of wetlands delineation as generally depicted on the project drawings entitled Plat Showing Impacted letlands Areas in the R/W ofPocohontas Club Road for Purnell Project Situated in Virginia Beach, Virginia dated 15 June 2007. 5. Findings An on -site jurisdictional determination has found waters and wetlands regulated under Section 404 of the Clean Water Act (33 U.S.C. 1344) on the job site listed above. Our basis for this determination is the application of the Corps of Engineers Wetlands Delineation Manual (1987) and the positive indicators of wetland hydrology, hydric soils, and hydrophytic vegetation. The wetlands are waters of the United States and are adjacent to interstate, navigable waters (33 CFR 3283(a)). This is simply a verification of the wetlands delineation for the subject property. Proposed work on the property which would potentially result in the placement of dredged or fill material into waters or wetlands of the United States would be subject to review by the Corps and any appropriate State and local agencies prior to the start of any such fill activities. The term discharge of dredged material is defined as any addition, including redeposit other than incidental fall back, of dredged material, including excavated material, into waters of the United States which is incidental to any activity, including mechanized landciearing; and in some cases, ditching, channelization, or other excavation (40 CFR Part 232.2(1)(iii) as amended and 33 CFR 323.2(d)(I)(iii) as amended). The Corps routinely assesses potential wetland impacts resulting from access roadways, lot fxlWgrading, proposed stormwater management design, placement of utility lines, and other applicable infrastructure. This letter contains an approved jurisdictional determination for your subject site. If you object to this detemiination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the North Atlantic Division Office at the following address: Mr. James Haggerty; Regulatory Appeals Review Officer Phone: (718) 765-7150 Fax (718) 765-72I0 United States Army Corps of Engineers North Atlantic Division Building 301, General Lee Avenue Fort Hamilton Military Community, l3rookiyn, NY 11252 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 C.F.R. part 33 1.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 29 October 2007. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. This delineation/determination has been conducted to identify the limits of the Corps Clean Water Act jurisdiction for the particular site identified in this request. This delineationldetermination may not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work. Please obtain all required permits before starting work in the waters of the United States (including wetlands) on the subject property. Any proposed work in waters of the' -United States may also require a Virginia Water Protection Permit from the Water Division of the Virginia Department of Environmental Quality - Tidewater Regional Office (DEQ-TRO). The DEQ-TRO can be reached at telephone (757) S 18-2000, or at: Virginia Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, Virginia 23462. 6. Corps Contact; Mr. David A. Knepper Lynette R. Rhodes IAO FL 13 REVISED DEC 90 '�� Chief, Southern Virginia Regulatory Section NOTIFICATION OF, ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND: REQUEST FOR APPEAL Applicant: Mr. John W. Purnell, IIl File Number: NAO-1999- Date. 30 August 02049-dak 2007 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identities your rights and options regarding an administrative appeal of the above.. decision. Additional information may be found at http://usace.army.mil/inet/functions/cw/cecwo'/reg or Co s regulations at 33 CFR Pant 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section 13 below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized, Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved M. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. 'Phis form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION Il. - REQUEST FOR APPEAL or OBJECTIONS TO -AN; INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. .POINT OF CONTACT FOR OUESTIONS OR INFORMATION: 'I If you have questions regarding this decision and/or the appeal process you may contact: Regulatory Branch c/o Mr. David Knepper Norfolk District Corps of Engineers 803 Front Street Norfolk, Va. 23510-1096 (757) 201-7488 david,ii,knepper@usace.army.mil If you only have questions regarding the appeal process you may also contact: United States Army Corps of Engineers North Atlantic Division ATTN: James Haggerty, Regulatory Appeals Review Officer Building 301, General Lee Avenue Fort Hamilton Military Community Brooklyn, IVY 11252 (718)765-7150 James.W.Haggcrty@nad02.us.ice.army.mil KIGFIT Ol' ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. Telephone number: Corps Pro.iect: NAO-1999-02049-dak Participant: Mr. John W. Purnell, III Project Site: 6480 Pocohontas Club Road in Virginia Beach, Virginia. Supplemental Preappiication Information A search of the Virginia Department of Historic Resources Data Sharing System revealed the following: X No known historic properties are located on the property. 2. A search of the Virginia Department of Conservation and Recreations' data revealed the following: X No known populations of federally listed threatened or endangered species are located within one minute latitude/longitude of the property; however, portions of the project corridor lie within a proposed conservation site known as Sedge Island by the Virginia Department of Conservation & Recreation, Division of Natural Heritage. 3. We suggest the following avoidance, minimization, and compensatory mitigation measures be incorporated into any plans you prepare for the property: Standard avoidance and minimization measures for any proposed development. All structures and related infrastructure (e.g., roads, stormwater management features, utilities, yards, playgrounds) be situated outside of onsite waters of the U.S. (including vegetated wetlands) as much as practicable. We recommend that stormwater be treated onsite prior to discharge to other waters of the U.S. Draw individual lot boundaries to exclude residual "unimpacted" waters of the U.S. (including vegetated wetlands). If "unimpacted" waters of the U.S. (including vegetated wetlands) are to be situated within common open space, ensure that they will be compatible with intended future use of these areas. Recommend placing deed restrictions over "unimpacted" waters of the U.S. (including vegetated wetlands) to protect them in their natural state in perpetuity. Any unavoidable impacts to waters of the U.S. (including vegetated wetlands) should be compensated at a ratio(s) consistent with current Norfolk District policy/practice. Rc� .Girr1�T� ��1.�oG✓i:�y till n , f- 1k • � lr , U. S. ARMY CORPS 0 ,Il Il 2 7 - Plat Showing Impacted � 1 ---I- �aC Wetlands Area _ 1n the 97 c, S' �� R/W of Pocononzas Club R For Purnell Project Situated 6- in U Virginia Beach, Virgini Scale: 1"-100' June 15, '� For rd r -�, !. �%s..lj`T (� John W Purnell III 1 M D Hooker, I.S. .7� 3807 Magnolia Dr. Portsmouth, Virginia, 23 757.484-0243 Sheet 2 . of 3 r v�s�CL �, (J y� , rt ✓a G v i rjrr Plat Showing Impacted Wetlands Areas In the �1. S. ARMY COMPS OF WINEENS �LV" R/W of Pocohontas Club Road T For - Purnel 1 Project2�Ol f Situated in y� Virginia Beach, Virginia scale: 1"=100' J-4�;— 8G' J { l For TrU:/%�4 `; John 11 Purnell IIIIV }� -- � - M D Hooker,L.S. �V1 Portsmouth; Virginia, 757 484-0243 Sheet 1 of 3 t [ 01 Ems. �=•/ •� ;u � i � V � � •X1 .� �c r G s �� w� TL�]� � r � y �� � IVA 16,A19 pie, • A Print this form to PDF Return PDF of this form to DLR CO by email. cc DLR RO, DWQ SPU. Send a copy to the peimittee. MINING PERMIT APPLICATION REVIEW FORM ! for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: Bright Mine DLR Permit # 27-49 County: Currituck Applicant's Email: David M. Klebitz (consultant's email: bpg@bissellprofessionalgroup.com Applicant's Mailing Address: 5513 Buzzard Neck Rd., Virginia Beach, VA 23457 Mine Physical Address: office address listed saa YES NO Date Commencing Is this mine a new mine? r r, permit issued 3/8/2006 Have land disturbing activities started? Date? P F 3/8/2006 Latitude: 36.55000 Longitude:-76.00000 Please return comments to (at DLR CO): Ashley Rodgers Comments due by: 10/23/12 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No. Comments: Permit NCG020701 existing since 2007 for this mine. Watershed/Stream Name & Classification: Back Bay to NC — Virginia Line DWQ Compliance Status of Mine: Compliant,_ Does this mine (or previous owner) have DWQ back fees to pay? No If yes, amount: Is this mine an active permit in BIMS? Yes YES NO NPDES permit. required? r- _ Fr-1- NPDESS permit existing? r (Permit #NCG020701 Po If an NP,DES permit is not required,.is DWQ r still concerned about wetland degradation by dewatering? Should permittee contact DWQ RO ' Contact Name: Scott immediately? (e.g. to schedule a site visit if Vinsoonn {R948-3848 r mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? r 401 Wetland Cert. existing? r Permit # r Rau Spntpmhpr 7nin Print this form to PDF Return PDF of this form to DLR CC by email, cc DLR RO, DWQ SPU. Send a copy to the permittee. Does DWQ RO have enough information to determine if a 401 certification is required? �' Rav Santamhar 7MCs Print this form to PDF Return PDF of this form to DLR CO by emeit. cc DLR RO, DWQ SPU. Send a copy to the permittee. .t YES NO A;e wetlands disturbed at this site? r • . r Does DWQ RO suspect or know of nearby wetlands to the site? r l',IJD Is a wetland delineation required, prior to ` 0 Cansultant DWQ issuing the permit? • r Onsite? r Offsity: . Stream Determination Needed? Stream Determination Completed? Does DWQ RO need a statement that no wetlandsistreams are disturbed r for this project from applicant? Buffer Determination Needed?' r►1 r, � ', Buffer Determination Completed? r r Recycle system permit existing?* Permit # - New Recycle System permit required?* r r Enough information to determine? Non -discharge permit existing?* Permit # r Does this applicant need to contact the r , Will any new impervious regional of Central DWQ Office to areas be created as a result r of the expansion and determine if a State Stormwater Permit is needed? modifications? r -Unknown. Will wastewaters discharge to HQW waters r r 7Q10 Permit tee must must with a 7Q'l0=0? ** Flow: determine. r I Has Violation w r , O&M Requirements j r' HQW17Q10 Concerns Does DWQ require DLR to hold'the permit r ' Pay back fees or renew (e.g. so DWQ can review it further or DWQ permit 00ther. r, because DWQ requires more information)? Please describe the reason to hold the permit: RO contact. r j Hold Until: Mine must wait to dewater until an O&M plan is �- approved? *The NPO S SW and WW permit NGG020000 covers closed -loop recycle systems, designed_to exclude all _stormwater run-off from the system and operate at or betow two -feet of freeboard. These systems may be permitted by a Non -discharge Recycle System Permit from the Acruifer Protection Section (APS), OR may instead be permitted under NCG020000 to eliminate an additional permit. Ray SanfamhPr 'Mlf1 Print this form to PDF Return PDF of this form to DLR Co by email. cc DLR RO, DWQ SPU. Send a copy to the permittee Recycle systems that do not meet those criteria are considered discharging systems, and are subiect to the NCG020000 discharo ermit. **To obtain 7Q10 flows, permittees must contact the DWQ Stormwater Permitting Unit. If DWQ does not have a flow estimate for a specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. , t *** If there is not enou h information to give a com late answer, write in the s ace provided what you will need to answer this guestion s comoletely. if you require DLR to hold the oermit until further notice. indicate that in the auestion below. Reviewed by: DWQ RO Surface Water: Scott Vinson (252) 948-3848 Regional Office: Washington Date: 10/26/12 RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rrw Raniamhar'n1n ,APPLICATION FOR A MINING PERMIT D %i%a gas •' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) SEP28112 LANC QUALITY SECTION Name of Mine Bright Mine County Cu1-1-ituck River Basin _ Pasquotank� Latitude (decimal degrees to four places) 36033'00" Longitude (decimal degrees to four places) 76000'00" 2. dame of Applicant* :r 3. Permanent address for receipt of official mail** Telephone (757) 721-582 Alternate No._( ) I OCT . 4. Mine Office Address (SAME AS ABOVE:) OCT - 8 2012 Telephone ( 5. Mine Manager Bonney G. Bright - ARa We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willfulnisrepresentation of facts will be cause for permit revocation. 1? // ***Signature Print Name Title C-"'W Date * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securi!D that corresponds to this site. _ ** The Land Quality Section must be notified of any changes in the pennanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application fora permit within 60 days ofreceipt ofa complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must he addressed'and all required maps provided before this application can be considered complete. Attach additional sheets as needed. MEMO Y3V • � t �::.l .kf �E7rxiF—R or T,4SMIZ"TA1, Date: September 26, 2012 Project #: 4087 Project Name: Bright Kline Expansion Permit #27-49 To: NCDENR - DLR Land Quality Section Judy Wehner- Asst. Mine Spec. 1612 Mail Service Center Raleigh, NC 27699-1612 HANi) DEt FMRM OVER-NTTE MAu I X I MATI-F I I FAXED We are sending 1 7X Enclosed Attached 7Under separate cover via the following items? As Requested For Client Approval For Bid Submission ❑ For Construction For Your Use Far Permit Approval Far Distribution For Const. Record For Review & Comment For Your Records EJ For Release ❑ Confidential A LOPIL5�"' ' DESCRIPTION DATE 1 $750 Permit Modification Application Fee 9-19-12 SIB, � —'TOO Mining Permit Application for an Expansion Modification 9-19-12 1 (3) New Landowner and County Notices w/ Map & Green Cards 9-26-12 6 � Mine Expansion/Reclamation Maps 9-26-12 6 7.5 minute Quadrangle Map w/ mine location 9-26-12 6 Currituck County Road Map w/ mine location 9-26-12 REMARKS: Dear Mrs. Wehner, On behalf of Mr. Bonney G. Bright, Bissell Professional Group is submitting the above referenced information as it pertains to an Application for a proposed expansion of Mr. Bright's existing sand mining operation (No. 27-49) located on Knotts Island, Currituck County, NC. The expansion proposes to add 14.19 contiguous acres to the existing 56.96 acre Permit Boundary. Approximately 6.69 acres of additional affected acreage is proposed within the existing permit boundary and another 11.90 acres within the proposed expanded Permit Boundary. Please reference Sheet 2 of the enclosed mine maps for additional details regarding the proposed expansion. If you have any questions or should you require any additional information please da not.hesitate to contact me. Sincerely, BISSELL PROFESSIONAL GROUP David M. Klebitz Project Manager -r-I i OCS - 5 2012 s� � 28 r��l2 I -MID QUALITY S1=CTION WAStiltlGT0t4L_E ',IOr''. I.QFF! C P.O. Box 1068 • 3512 N. Croatan Hwy. • Kitty Hawk, NC 27949 252-261-3266 - Fax: 252-261-1760 • E-mail: bpg@bisseliprofessionalgroup.com APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for itheintended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 27-49 Total permitted acreage: 56.96 Does the modification involve acreage within the previously approved permitted boundary? Yes ® No ❑. if yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 6.69 Does the modification involve acreage outside the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the additional acreage to be covered by this modification: 14.19 _ (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ® No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the pen -nit is the acreage that the "major modification" fee will be based upon): 11.90 ❑ If this is an application for TRANSFER of a mining permit, indicate.the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: 3. Mining method: ❑Hydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): Excavator will remove material for stockpile or transport, loader will fill dump trucks 4. a. Expected maximum depth of mine (feet) 30' -24.5' msl av . Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural ground level b. Expected average depth of mine (feet) _ 25' (-19.5' msl avg.) APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Permit 27-49 6. Number of years for which the permit is requested (10 years maximum): 10 years B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical- Add ress: 1612 Mail Service Center OR 512 North Salisbury Street, 5'h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httD:l/Dortal.nedenr.or€-/web/Ir/€-eolotzical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center - Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 h!tp://www.ncdot.orgZit/gis/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) tq clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations_ f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed), i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of I00-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: I . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale &. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines. - PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds/ Recharge Ditch 1.91 ac. Stockpiles 4.69 ac. Wastepiles 0.00 ac. Processing Area/Haul Roads 3.08 ac. Mine Excavation 49.01 ac. Other (Perms/Operation/Misc. Disturb) 6.35 ac. Total Disturbed Acreage 55.04 ac. NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMEN-TS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- iPPLICATION FOR A MINING PERMIT PROTECTION OF NATURAL RESOURCES �a . Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Excavation will consist of stripping overburden, digging, dewatering, and creating drainage ditches, by means of an excavator. The excavator will either stockpile material or use dump trucks to haul material to other locations within the proposed mining area. Sand will be loaded on delivery dump trucks by a rubber tire front-end loader and excavator at the mine entrance. Trucks will be required to stop at the office trailer and obtain a load ticket. A washing and screening masonry sand plant maybe relocated to the mining area. See the operational summary on the mine map. 1) Installation of all sedimentation & erosion control measures to include construction entrance & silt fence 2) Establish ingress/egress, haul roads 3) Establish perimeter berming Ilk 4) Remove Overburden,within,proposed excavated areas. 5) Begin mine excavation opc ation , 6) Establish permanent/temporary vegetation as noted on sheet 3 of rnine plan. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans forsediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. 1) Install silt fence as indicated on site plan. 2) Establish temporary/permanent seeding as noted on sheet 3 of the mine plan. 3) inspect all E&S measures as noted on sheet 3 of the mine plan, make timely repairs as necessary. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes Z No[]. if yes, briefly describe all such processes including any chemicals to be used. It is anticipated that a washing and screening masonry sand plant may be relocated to the mine. No chemicals will be used in washing operations. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ �No�®: Ifyes, briefly describe the nature of the discharge ancf locate all proposed discharge points (along with -their method of stabilization) on your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s)_extend.below the water table? Yes ® No ❑. [If yes, do o intend to dewater th� e excaav`ation(s)? Ye®S No ❑. ifye-s, what impact, ifany, will mine dewaterin'g have on neighboring wells? Estimated withdrawal rate in gallons per day. _500,000 . Locate all existing wells on the mine map(s) that lie within 500 feet ofthe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The proposed mine locale is served by private wells, however, there are no residential water wells within 500' of the proposed mine other than (4) existing wells adjacent to the southeastern corner of the existing mine. These wells currently serve four existing mobile homes, owned by the applicant. It is the intent of this design that all discharge from the dewatering process be directed to a recharge Swale located on'site. The ditch will be comprised of both existing farm ditches as well as a proposed ditch located just outside the screening berm that will link the entire system together. These ditches will allow the e discharge -to) infiltrate back into the surrounding surficial groundwater supply aquifer an dithe event ofan overflow situation the ditch lias-been-conne'cti~d-back to the mine via a culvert pipe.•Sinc-e all discharge wi]I be ept on site-it,elimin, ate he need for a non -discharge permit. s part of the mines -original -approval, oundw Grater Management Associates, -Ind.; of'Elizabetl� City, NC prepared a hydrological study. The study included any possible adverse impacts the excavation may have as well as recommended mitigation action. The study heavily referenced an existing adjacent mine that is owned and managed by the applicant and is operated in the same manor as this application. d. If you answered yes to any of the above questions; provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Since the proposed mine will be withdrawing approximately 500,000 gallons per day the applicant has be registered water use with the Division of Water Resources. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? ; 4' A motor grader will maintain the access road and areas of the mining area as necessary. Speed limits will be strictly enforced. A water truck will be provided to maintain dust control along the access roadway and mining area, and a sweeping broom tractor will also be utilized to maintain any residual sand and dirt from the access road entrance. -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berths and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note That all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any reining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths oil the mine map(s)- With exception for the Virginia/North Carolina State Line, a minimum 50' undisturbed buffer will be maintained between the mine disturbance boundary and permit boundary. A minimum 130' unexcavated buffer will also be maintained to the permit boundary, which all property lines and right of ways fall outside of. Northern property: No buffer, Same owner under Virginia Jurisdiction. South property line. 325' from closest point of excavation. Western Right of way: 318' from closest point of excavation. Eastern property line: 243' from closest point of excavation. "404" Jurisdictional Wetlands: 200' from closest point of excavation b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on sitc conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 120' undisturbed buffer has been provided between the disturbance boundary and the nearby wetlands as shown on the mine map. b. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 3:1 horizontal to vertical slopes will be provided from existing grade to a point 2' below the nornial water level. -g- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden , disposal areas, etc), clearly indicating the intended side slopegradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final .stabilization. See sheet 3 of mine plan/ for cross section. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). See sheet 3 of mine plan for cross section. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. No neighboring dwelling currently exists within 500' of the proposed mine excavation except for existing mobile homes located on -site and owned by the applicant. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). A vegetated earthen berm, which will also serve as visual screening, will be installed. See mine map. In addition, No Trespassing signs shall be posted around the site being mined, at a minimum distance of 250' apart, indicating that a mining operation is being conducted on the property. A gate will be utilized at the mines entrance. -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. ` If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? No acid producing soils exist on -site; to the best of our knowledge. 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. A 6' high earthen berm topped with 4' of vegetation will be constructed around the western and southern perimeter of the mine. An existing treeline runs along a portion of the south and entire length of the eastern boundary. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? The surrounding properties are currently under private ownership. 11. Will explosives be used? Yes ❑ No E. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest off.5ite occupied structures) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ❑ No Z. Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). - ]0- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of allpermanent . channels must be indicated on the reclamation map. The mine will be reclaimed as a lake. When possible, reclamation shall be conducted simultaneously with mining operations. Undisturbed land around the proposed mine will continue to be farmed by the owner of the property. It is also the owners intent to continue farming the land after the mining operation is completed. At that time all disturbed areas outside of the excavation area, such as overburden piles, stockpiles, recharge ditches and screening berms, will be graded level, stabilized and prepared for future farming. All other disturbed acreage not to be farmed will be vegetated upon completion of the mine operation to provide soil stabilization. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth roust be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No Z. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. No rock excavation is anticipated. APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must he provided on the reclamation map. If any, overburden will be leveled, graded and stabilized in the areas as identified within the Stockpile Area. (See reclamation notes on mine plan) 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. On -site roadways may be kept intact for future lake access. Stockpile areas and screening berms will be leveled, graded, stabilized and prepared for future farming. (See reclamation notes on mine plan) b. Will any on -site roadways be left as part of the reclamation? Yes Z No D. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The asphalt entrance road and dirt haul roads may remain for future access to the reclaimed lake. (See reclamation notes on mine plan) 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without prior written approval from the NC Department. of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas_ No bulk waste, hazardous waste, commercial waste, garbage, construction, or demolition waste shall be placed on the site, -12- 09/26/20�12 10:25 2522324094 SOIL t.OHSERVATIOH PAGE 01/01 APPLICATION FOR A MINTNG PERMIT 7. Describe ),our plan for Tevcgetation or other surface treatment of the affected areas. This plan ,must include recommendations for.year- Lound_seeding, including the time of seeding and the amount and type of seed, fertiliser, lime and mulch per acre. The recommendations must include general seeding instructioays forbotlrpennanent•and terupOraryrevegetation. Revegetationutilizing only tree plantings is not acceptable. Recommendations can be sought fi-om-, a. Authorized representatives of the local Soil and Water Conservatiozi District; b, Authorized representatives .of the Division of Forest Resources, Department of Environment and Natural Ttmurdes; c, Authorized county representatives of the Nordi Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest .Resources at North Carolina State University; d, North Carolina licensed landscape arcliitects; e, Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and .Design Manual; g, N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reolatnation; h. Otltets as maybe approved by the DeparAent. LIME - RATE OF APPLICATION (tonslacre): One Ton per Acre FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 700 lbs 10-10-10 SEED - TYP]✓(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-KQUND SEEDING 5CHDULE (pounds/acre): tNOTE: Inchide Legumes] §eed')=lies: Permanent .Korean or Kobe Lespcdeza German Millet Berinudagrass Centipedegrrass Tempotary Rye (graiji) Seedine Dates: Seedine lrtdtes Year Rovod 30 Wac. April 1 to August 15 10 W/ac. April I tQ Angust 15 10 Wac. April I to August 15 5 #lac. August 15 to April 1 40 Wac. IZ.ATE IJ rAI'I'I.ICATIUN (pounds/acre) ANTa-nWIJOD,C)FANCHORING: 'grain s6w; In6hor by taAing.iroving, netting or Crimping O'l 11ER VEGETATIVE COWERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDWO SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of treeslshrubs, etc): Reveet'ation andlor Signeture _ t, Print Name pin approved by: Date�- ,�.... ri Q2 j�•! Fi �'i!.4_�:i�` 1 d i 5' �, .'i �.r �, S'" ;tip f�r ,�ll'i'�,.1(..,.t.. ;i.,f I;•.II' APPLICATION FOR A MINING PERMIT E. -DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acrea.Q•_e, for each provided with this application %rm) OR you can de fier to the Dement to calculate your bond for you based upon vour mans and standard reclamation costs: CATEGORY Tailings/Sediment Ponds: Stockpiles: Wastepiles: Processing Area/Haul Roads: Mine Excavation: Other. TOTAL AFFECTED AC.: (TOTAL PERMITTED AC.: AFFECTED ACREAGE RECLAMATION RECLAMATION COST/ACRE* COST 1.91 Ac. X $ 1,500 /Ac. _ $ 2,865 4.69 Ac. X $ 1800 /Ac. — $ 8,442 0.00 Ac. X $ 2000 1Ac. _ $ 0 3.08 Ac. X $ 1800 /Ac. _ $ 5,544 49.01 Ac. X $ 500 /Ac. = S 24,505 6.35 Ac. X S 1800 /Ac. — S 11,430 65.04 Ac. 71.15 Ac.) Tem ora & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 65.04 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ SUBTOTAL COST: S 521786 Inflation Factor: ' 0.02 X SUBTOTAL COST: $ 52,786 X Permit Life (I to 10 years): 10 INFLATION COST: $ 10 557 TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ 63,343 Total Reclamation Bond Cost: $ 63,,300 (round down to the nearest $100.00) -14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must he sent certified or registered mail, - return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the ruining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- ,APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, 'T7Ev:+� �! iCct+S+iZ- .;r 4� �s< ��z�c,.c✓�LC�i7� , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining pen -nit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department:ilj.l, ,t-I')OkL / Ctu=W-=nS L-�: &-M 0,bC---i (Adjoining Landowner Name) ���►L-r��,�3L. ',�..�-�_�c--i�'ic{•C-; (Addr ss)� see attached list see attached list (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Namc) [i.e.: City Manager, County Manager, Mayor, etc.] Daniel F. Scanlon Counly Manager (Address) 153 courthouse Road Suite 204 Currituck NC 27929 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of ]and that are adjoining the mining permit boundary (including, where an adjoining tract is owned or ]eased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b 1) and 15A NCAC 513.0004(d). 1 understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide theirs to the Department upon request. t Signature of Applicant or Agent -Date i If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: ^ L•4 -/ ��^,,-i Title of##person executing Affidavit I G'cc.� �1a.tic== E�,�' '�7�� + «=i�•criCC:r«� its ti% I, Iv�n �� l a Notary Public of the County of State of North Carolina, do hereby certify that ��� �'t t`'t . I�, +` appeared before me this day and under oath acknowledged that the above Affidavit was made by hire/her. } / Witness -in hand and notarial seal, this �f' f� da o1 20 1,17 iMARY E. Yommi sion expires: Notary: TA � PUBLIC r { i?are County, North Carolina APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary held inspections or investigations as may be, reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOV Signature: Print Nam, (Title, if al Company (If applicable) Address: 5513 Buzzard Neck Rd. Virginia Beach VA 23457 Telephone: (757 ) 721-5823 q Date Signed: l /e APPLICA. Signature:* Print Name Title: Owner, Manager Company: . Bonney Bright Sand Co. Mine Name: Bright Mine No. 27-49 Telephone: (757) 721-5823 Date Signed: r/ 17 ZU/'? *Signature must be the same as the individual who signed Page 1 of this application. n CS of the completed application. six (61 copies of all location mans, mine and reclamation maps, and the appropriate processing_fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -1s- 015212 i'-� The Co t 0 / f-Ver1�1 September 26, 2012 Mr. Daniel F. Scanlon II, County Manager Currituck County 153 Courthouse Road, Suite 204 Currituck, NC 27929 Dear Mr. Scanlon: RECAE-1-VED SEf 28 2012 .LAND QUALITY SECTION On behalf of our client, Mr. Bonney G. Bright, Bissell Professional Group is sending you the enclosed "NOTICE" as it pertains to an Application for a Mining Permit being filed with the North Carolina Department of Environment and Natural Resources (NCDENR) for a proposed expansion of Mr. Bright's existing mine operation located at 101 Marsh Causeway (NCSR 615), Knotts Island, NC 27950. As the County Manager, NCDENR requires that you be notified in conjunction with the pending State Permit Application. Also enclosed for reference, is a map illustrating the proposed expanded mine Permit Boundary with corresponding adjoining landowner information within 11000 feet. Pursuant to the direction of NCDENR, only new landowners of record, as indicated on the map, are being notified as part of the State Permit Application process. Please also be advised that an Application for an Amended Special Use Permit is concurrently being filed with Currituck County for the proposed expansion. If you have comments or questions regarding the application, you may contact myself, the mine owner directly at (757) 721-5823 or the NCDENR Mining Program staff at (919) 707-9220. Sincerely, Bissell Professional Group David Klebitz Project Manager -- Cc: Overholt Contracting, Inc. c/o Paul Overholt Currituck 34, LLC Morse Point Club, LLC c/o John Malbon Dan Scanlon, Currituck County Manager P.O. Box 1068 • 3512 N, Croatan Hwy. • Kitty Hawk, NC 27949 252-261-3266 • Fax: 252-261-1760 • E-mail: bpg@bisseilprofessionalgroup.com APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bi) of The Alining Act of 1971, Notice is hereby given that Bonne G. Bright, Owner has applied on `-� 12.(,, 1 � L (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) maybe submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 101.81 acres located 200 ft. (Mineral, Ore) (Number) (Miles) South of Virginia/North Carolina Border off/near road NCSR 615 (Direction) (Nearest Town) (Number/Name) in Currituck County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b1), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of themine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information re„g_arding specifics of the proposed mining activity, olease contact the applicant at the following telephone num 757 721-5823 . Vor intormation on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the nrovisions of the Mining Act of 1971 throuo.hout the on review Bonney G. Bright, Owner 5513 Buzzard Neck Rd. VirQina Beach VA 23457 (Addressee/Owner of Record's Name and Address) Dan Scanlon, Currituck County Manage 153 Courthouse Road, Suite 204 2� i Currituck. NC 27929 (Date of Issuance of this Notice/ / Mailed to Addressee/Owner of Record) Bonney G. Bright, Owner (Name of Applicant: Include Contact Person & Company Name, if Applicable) 5513 Buzzard Neck Rd Virginia Beach VA 23457 (Address of Applicant) -16- ®� mrs o the C'�Vstalf Vert 5 September 26, 2012 Overholt Contracting, Inc. C/o Paul Overholt 445 Wenger Road Chesapeake, VA 23322 Dear Mr. Overholt: On behalf of our client, Mr. Bonney G. Bright, Bissell Professional Group is sending you the enclosed "NOTICE" as it pertains to an Application for a Mining Permit being filed with the North Carolina Department of Environment and Natural Resources (NCDENR) for a proposed expansion of Mr. Bright's existing mine operation located at 101 Marsh Causeway (NCSR 615), Knotts Island, NC 27950. As a new owner of record of land adjoining the proposed expanded mine operation, NCDENR requires that you be notified in conjunction with the pending State Permit Application. Also enclosed for reference, is a map illustrating the proposed expanded mine Permit Boundary with corresponding adjoining landowner information within 1,000 feet. If you have comments or questions regarding the expansion, you may contact myself, the mine owner directly at (757) 721-5823 or the NCDENR Mining Program staff at (919) 707-9220. Sincerely, Bissell Professional Group David Klebitz Project Manage? -- Cc: Overholt Contracting, Inc. c/o Paul Overholt Currituck 34, LLC Morse Point Club, LLC c/o John Malbon Dan Scanlon, Currituck County Manager P.O. Box 1068 - 3512 N, Croatan Hwy. • Kitty Hawk, NC 27949 252-261-3266 • Fax: 252-261-1760 • E-mail: bpg@bissellprofessionalgroup.com APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(b1)of The Mining Act of 1971, Notice is hereby given that Bonney G. Bright, Owner_ has applied on _12 j `Z (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 101.81 acres located 200 ft. (Mineral, Ore) (Number) (Miles) South of Virgi_nia/North Carolina Border off/near road NCSR 615 (Direction) (Nearest Town) (NumberlName) in Currituck County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b] ), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located.' Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the pronosed mininl! activity, please contact the applicant at the following telephone number: (757) 721-5823 . Vor information on ttte mining permit application review process, e contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any ant written comments/documentation- within the provisions of the Mining Act of 1971 throughouthe cation review nrocess until a final decision is made on the application. Bonney G. Bright, Owner 5513 Buzzard Neck Rd. Vireina Beach VA 23457 (Addressee/Owner of Record's Name and Address) Overholt Contracting, Inc. c/o Paul Overho 1 445 Wenger Road r C`hPcnnenkp VA')'1372 C// "Q— (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) _ Bonney G. Bd&ht, Owner (Name of Applicant: include Contact Person & Company Name, if Applicable) 5513 Buzzard Neck Rd Virginia Beach VA 23457 (Address of Applicant) -16- _ I _ IE1 F_ '1 September 26, 2012 The Cwtnl t Morse Point Club c/o John Malbon 1402 Carolyn Drive Virginia Beach, VA 23451 Dear Mr, Malbon: On behalf of our client, Mr. Bonney G. Bright, Bissell Professional Group is sending you the enclosed "NOTICE" as it pertains to an Application for a Mining Permit being filed with the North Carolina Department of Environment and Natural Resources (NCDENR) for a proposed expansion of Mr. Bright's existing mine operation located at 101 Marsh Causeway (NCSR 615), Knotts Island, NC 27950, As a new owner of record of land adjoining the proposed expanded mine operation, NCDENR requires that you be notified in conjunction with the pending State Permit Application. Also enclosed for reference, is a map illustrating the proposed expanded mine Permit Boundary with corresponding adjoining landowner information within 1,000 feet. If you have comments or questions regarding the expansion, you may contact myself, the mine owner directly at (7S7) 721-5823 or the NCDENR Mining Program staff at (919) 707-9220. Sincerely, Bissell Professional Group David Klebitz Project Manager Cc: Overholt Contracting, Inc. c/o Paul Overholt Currituck 34, LLC Morse Point Club, LLC c/o John Malbon Dan Scanlon, Currituck County Manager P.O. Box 1068 - 3512 N. Croatan Hwy. - Kitty Hawk, NC 27949 252-261-3266 • Fax: 252-261-176D • E-mail: bpg@bissellprofessionalgroup.com APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(b1)of The Mining Act of 1971, Notice is hereby given that _ Bonney G. Bright, Owner has applied on 1 7 I (Applicant Name) (Date) to the I -and Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 101.81 acres located 200 ft. (Mineral, Ore) (Number) (Miles) South of Virginia/North Carolina Border off/near road NCSR 615 (Direction) (Nearest Town) (Number/Name) in Currituck County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of themine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comments) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed minim activity, Please contact the applicant at the following- tclephone number: ror iniormai ease contact the Mining Program staff at (919) 707-9220. levant written comments/documentation within the nrovi: Bonney G. Bright, Owner 5513 Buzzard Neck Rd. Viraina Beach VA 23457 (Addressee/Owner of Record's Name and Address) Morse Point Club c/o John Malbon 1402 Carolyn Drive G I Virginia Beach. VA 23451 _ (Date of Issuance of this Notice/ / Mailed to Addressee/Owner of Record) on the mining permit application review process, :ase note that the Department will consider anv _Bonney G. Bright, Owner (Name of Applicant: Include Contact Person & Company Name, if Applicable) 5513 Buzzard Neck Rd Virginia Beach VA 23457 (Address of Applicant) -16- the �,5tQltxf�e� September 2b, 2012 Currituck 34, LLC 500 Central Drive Suite 106 Virginia Beach, VA 23454 Dear Property Owner: On behalf of our client, Mr. Bonney G. Bright, Bissell Professional Group is sending you the enclosed "NOTICE" as it pertains to an Application for a Mining Permit being filed with the North Carolina Department of Environment and Natural Resources (NCDENR) for a proposed expansion of Mr. Bright's existing mine operation located at 101 Marsh Causeway (NCSR 615), Knotts Island, NC 27950, As a new owner of record of land adjoining the proposed expanded mine operation, NCDENR requires that you be notified in conjunction with the pending State Permit Application. Also enclosed for reference, is a map illustrating the proposed expanded mine Permit Boundary with corresponding adjoining landowner information within 1,000 feet, If you have comments or questions regarding the expansion, you may contact myself, the mine owner directly at (757) 721-5823 or the NCDENR Mining Program staff at (919) 707-9220. Sincerely, Bissell Professional Group �r David Klebitz Project Manager Cc: Overholt Contracting, Inc. c/o Paul Overholt Currituck 34, LLC Morse Point Club, LLC c/o John Malbon Dan Scanlon, Currituck County Manager P.O. Box 1068 - 3512 N. Croatan Hwy, • Kitty Hawk, NC 27949 252-261-3266 • Fax: 252-261-1760 • E-mail: bpg@bissellprofessionalgroup.com APPLICATION FOR A MINING PERMIT NOTICE Pursuant to provisions G.S. 74-50(bI) of The Mining Act of 1971, Notice is hereby given that Bonney G. Bright, Owner has applied on A 2(s 2-- (Applicant Name) I (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ® a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine Sand on 101.81 acres located 200 ft. (Mineral, Ore) (Number) (Miles) South - _of _ Virgnia/North Carolina Border off/near road NCSR 615 (Direction) (Nearest Town) {Number/Narne) in Currituck County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or ]eased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or, municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the pennit application materials is on file and available for public review during normal business hours at -the above listed address as well as at the appropriate regional office. For information regarding th specifics of the nronosed mininp- activity. Wease contact the amilicant at the following telephone numbs 757 721-5823 . For informa se contact the Mining Program staff at (919) 707-9220 cant written comments/documentation within the nrovi Bonney G. Bright, Owner 5513 Buzzard Neck Rd. Viraina Beach VA 23457 (Addressee/Owner of Record's Name and Address) Currituck 34, LLC 500 Central Drive, suite 106 virainia Beach.. VA 23454�?- (Date of Issuance of this Notice/ � Mailed to Addressee/Owner of Record) on on the mining permit application review process, Please note that the Denartment will consider anv Bonney G. -Bright, Owner (Name of Applicant: Include Contact Person & Company Name, if Applicable) 5513 Buzzard Neck Rd Virginia Beach VA 23457 (Address of Applicant) -16- ADJACENT OWNERS- BRIGHT MINE Bright Mine Expansion Permit Application Name/Address of adjoining Virginia and North Carolina landowners within 1,000 ft.of mine. GP_ IN .''.:NAME _ 'ADDRESS - J.W. Smith Family Partnership SMITH FAMILY 1188 Kempsville Rd. 1 2317 60 3371 Norfolk, VA 23502 OVERHOLT Overholt'Coritracting, Inc. c/o Paul -Overholt CONTRACTING; 445 Wen '6- d ' g Roa * 2 2316'69 1683 INc_ " Chesapeake;:VA' 23322 Edward C- Deaver 2316 59 7770 VA DEAVER 125 Sandy Point Drive 3 8073-92-6446 NC Knotts Island, NC 27950 Intercoastal Waterway Retreat , Inc. INTERCOASTAL PO Box 7141 4 8073-91-2524 Virginia Beach, VA 23451 Curri#uck 34; 'LL:C" CURRII`UCK 34, LLC 500 Central Dnve;,surte 106 K. 80B3-a6=2701;. ,' V{rginia Beach, Vi4 23454 ij Ogdon R. Reid REID 48 Mead Street 6 8083-40-6921 Wallabug, NY 10597 MORSEIPOINT-,::�t r Morse Point•.Club; L -C`clo John Malboh, .�. S• • • -i r ' . � `l,�p•.y, CLUB- L• LG CIO ��' � i-T�' - 'Vi Anna .l ��-.'.i !. h r ..ir. �����-�}''� •j • '' {, .-•• .,,•��; ..>. 1402. Carolyn Drive ._, , * T 2327.00'2443 k JOHN,MALI3ON' :.' „ _;- y:.�• �: r �rginia�Beach, .. * Adjoiners under new ownership that will need to be notified of the proposed mine expansion. ;fter,! ' } � � "�.ro ,,u°•rq' ; ` . rkf _. r_ -,,'fae4,' �e i' t'4�x - '"•"-�-C }'�'rnr ^r' -x�•*r a u"" �r;"000''"rRDEUSf����tlaYr:����,°,;,{,ay�"y r ` ` MkI :r' i !1 ��t �l ��y N f�. I .1 _ '.5. ' , '•, 1 ^ -''� I §5 of . 11{y�," 't• J ; P .� CAROL:INA SBORDER t-1k. INIA/N.ORTF� PERMIT -.BOUNDARY,,' �' •j . ,� . � �� •f ,� Iq.y �k i _ � ��<f_ 5'j � � ' �k �i. ��i �.��, 14 yf 4h fi ' -axL`•'. �y �'-+'aa' - �•_j'r�' -'> .•,^ti' -� � • 1 M1M1M1M1M1� �T; r s �2?*� �`P.� :+ +`•.fir'._: � � 9 t..''v,� i � � i .n x��,k � ^� • L..�j"`'` 1 SFr' 4 � � � 4 kip wda�i"r��i "�SSS jGs+B'- ,k �,� 'i"'�C �r .` (.sir"• ,C "' , '�• W i g �N 4 r4 sjw 1 +�j '1 q 4 f�� .. •.� i 'sY� ..10.os \�' �1 ':, :3r�'•rt"y` x �,i.�,a •� • � .PERlvilT��..., `.s�;�� t""4,�•�r5s�r "�s�::'�� ,�,?� r�,�. 517 .. — •.—' '! Ya:...l.� y ?e`l.3� � � N� W .� a'Y• `-�` - g�f'�. c=t �-�a �n r "ii �►K7y' ^�JLtal• ti psi r� r 1-A • F-•'.t"'q.; a :,'t n ' !� - } r r . y. 4}• �'s,•'• ;'fG7K'i" ' rj4''. -t- *a � '=� WE. i ,Ooo' "RA'DIUs Note: Parcels 8 & 9 are owned by mining applicant Page 2 so LTt Q Fri Q- Postage S r -f i Ln Geriilied Fee- ri_I Q Return Receipt Fee Yoslm7 If r Q (Endorsement Repaired} 3S Here� ), FL L Q Restricted Delivery Fee (Endorseme nt Required) ,-• CI CO Tplal Postage &Fees S. - ru fl en7 'Q (IBC 4'_..`Y�YAt- ...n.....q ' C3 S`lieef, Apt, `I or PO Box No, T yS- ................ ................................................. m r7' Postage 5 �FHO Lr]Certified Feerup Return Receip! Fee © (Endorsement Requked) 3C3 Restricted Delivery Fee(Endorsement Required) CO rp Total Postage 8 Fees ru :CY1 Box No. fi---------••-- 17- c IP1 73 i f fir•. .F fy. It...... , , ET, Postage � LIj Certified Fee rLiIII p Her Return Receipr Fee 7C": P e' (Endorsement Required), Hpre l Restricted Delivery Fee !'v (Endorsement Required)CO _00 Tolal Postage 3 Fees j ru Seni To } r� ( C�. f� [--i�N / - Q..` ...................... A-.., ,�treef. Apf. No.; ll © or PO Box No. ,' FZ ------------- �s- ...�c7 +'..........-...... City, S7a1�, 71P+ - {�.iL• ■ V{rtrses7tcip�aelorr<y�iNojlnserrance;Coverage Ppid �1 IF derive InlaimaLlan"vialt'auywebslte ei�;wwNi tisp i oiei®` j rY . ..-1,.,.._.,... - - - Ln r- PostaGe rCeniVed Fee ru Return Receipt Fee Postmark-, Her 11 Q {Erxforsement Required} tv Restricted Delivery Fee xtl (Endorsemeni Required) cQ l C3 [V Tonal Postage 8 Fees $ t4 ru M1 Sent - . . ,3. ��vo © Street a ./��'....I J or PO BoxAb. � ( 4_ 41 1.1 ].i,Y_ S J � -. ""--"-----"" Cit , state,1P+4//�� l - : 1 1-• 11. y:fy I076- 0710,00" Wi I I I076° 01'10.00" W, I 1 1 1076' W10 00" WI I I I walked �-, % '.' ` a ^. POW , y ° ^ar Polo : °' Iq �' w..� "was: �• O 71 z c z 1. ;s �g z VIR(,INiA ]BE kCH"crT.Y-,5 �_-_�,_ 't ( ri h_t Mine Sancy` F'ni;+k • .. c � - �" - ,. . l . . . �_ yf' :emu. « { _ " F raby s ¢. a 7 y island .. ... n V+ v; j z f "i� fr 1+1' O ..• L':!1i1., �; �} •- `� IE= I? II�PA�,4 0 CT Vfl LAND OUAUTY =WA, F-IINGTnN REGIC i076" 07 o.w, 0 I I --� ., b76° 01' 0.00" W I I i b76° 00' 0-00" W I I I Name: CREEDS�m Location: 036032' 59.4" N 076000' 45.4" W Date: 1013/105 j � 1. Scale: 1 inch equals 2000 feet_ , Copyright (C) 1997. Maptech, Inc. r U.S. DEPARTMENT OF THE INTERIOR „rk ,,;,y� U. S. GEOLOGICAL SURVEY R E ,, = S � CREEDS QUADRANGLE VIRGINIA-NORTH CAROLINA 7.5-MINUTE SERIES SCALE 1:24 000 7s*001 KNOTTS ISLAND QUADRANGLE NORTH CAROLINA-VIRGINIA 7.5-MINUTE SERIES LAND QUALITY SECTION ., , ):,.,, --j- ._ -- - F 0.5 0 KILOMETERS 1 2 Fe0ftel> Fx USG 1000 500 0 METERS 1000dmm':W� S science for a changing world MITES 1000 4 1000 2000 3000 4000 5000 60M 7000 8000 9000 1owe FLEET -��� \,/Y���. ~~`~-------~-'-~'-------'^``- -``` ��� --�-_-~_''--. ___-''_ ' �. � -~.�~ -��. -�.° Lc4A-Pol-I ALg:r," SAST 51rX7- CyF 4.3 - AE (jPl 5- NED VA SEP 29 W7 IT, �i QUALITYgigCTION cl � l Ak4 LA .0 -4 N, k am uu il -\V Lou m f m7t_ 2-1 FL A 0 TIN r 00%q % �A. A V, 7r CURRITUCK COUNTY 7 Afif NORTH CAROLINA NORTH CAROLJNA DEPARTMENT OF TRANSPORTATION STATE ROAD NIXtITEMANCE UNIT -MAPPING AND INFORMATION SECT10H NuWam MPARM"T OF ]RANSPORIATI(M C. PQD--TA LSAt*N w I b,t ........ ... ..... ... 2012 I I AND 01 lAij.1-y Q:77f-�zll'"P. J CURR17UCKCMNTY I WAc;'-0NGTG,',,I RE_r,;o;-jAj n;:rrir,.- I This facilitv is at 10-ft elevation. ■ Fie New W toils karat as AdW— WA.. .,* M e 0e s t 24,QW I, T 2 E M 7 VIRGINIA BEACH_ C._•• Co - Sandy °a$ Point - e' a 0 ` .121 nil Gibbs _ Point �t�ae s •� 1 w � � _ 6 —HIdhFYs �� N S CVc* ane Ong to m•w msp W Zoom Oaq tgMHC•I C•ntn Toog It drains to Great Marsh (speckled blue to the right, north of the causeway). F14 m" nd To& tftw 425 AA"t wkw, Feeb - >• # 1:24.00 t t TEEM 7 o, VIRGWtAA' — -- -- �a' �IbRTH CA�tii.l��A-�----- 8 . 41 COM ♦ _ �_ � _ }` ` _ _� .�«. _ tea_ - j . �,-�"sA�`�. 676•7i 7.fi6•N 076•m 1.7E'W � ^ � Y • - v '} �' .�- �`� s n kk } Chx ntl draq 10 mae• map tltnM Zoom O,q {BhM•CM C•nYFToA Great Marsh is not found in BIMS. Great Marsh could drain to either Back Bay (to the north) or North Landing River (to the south). However, there is a causeway to the south that would impede water from flowing that direction. Therefore, it is probable that this site drains into Back Bay. Back Bay is in BIMS as SA, ORW, NSW. Building new operations and expanding older operations is not allowed in ORW areas unless the effluent is stormwater only (not wastewater). This is unusual. File Tasks Queries Administration Help Maintain t M ?--;--- -zr.1e•N oIe•�ao3e•w 2e WaterhodyName: Weat marsh 1 Ciea: Watereody Description: I Basin: Oramage Area: Subbasln: County Stream Index Num: J Waterbodieswith Proposed Classlfcatl_. 5peelal Designations: F—W] Reclassification Year. CurrentCiaseffic�Wna Selected Classifications B � �T C r— CA FWS HQW j f No waterbodles fond for the setected search criteria - WBC WA Use a " to indicate one or more missing characters. I� Neat > Loading... «101 I Ready /riti jCkck and drag to move map jShIR Zoom Oup 18hit *C-M; Center7ool! Close SID-W13SR BID: PMOD Called applicant. The facility is on the eastern side of the causeway (615). ,1 , rm E& yb� ra to Toah 14* .� © 0.6 - _ w, . Aessh . Pa•wtea T, i 4C UO.P41 n mapgxc t [unfnWsj ^aP. 1�f�.�:YraldYes�[ .b IgnRe� deMiv u dC�d EM " CA,* C - " C - P I MOd.d era . IN L.W. Lien - ' - A ItaM •J S nd t.. d} sentp. TNT • ; - w "ten,,' 1 n.lP eu.lr.e.. solltl Maps Directions Mablle * 100 Marsh cswy online offers Knetrs [s1WW NC 27950-9721. US • Fnots ISiand HRlels 0ireciions Yo i 0irections From ) }New Man • y{rtpg E l ath Is {q i Find Nearby: (r.p., Theaters)! • Knv0a 391antl lncvr.nce • ISt14AS�51�^4 Real Estafs a Select a Category v S•arch miOnline Offers • Knods Island Schools Real Eslale In Knods Island • Knvtts Island Insurance • EIIoM�ip Knatis Island • E&nded Sian Mets This is NC-615 in the Basinwide Plan. Note the Refuge. fn fewrtxs Hap 1 '!i>.u.m..,r.4.,ra WhMrMrr.lRe.pni.r•,�m�Yd.awvt.pr5 5em5.pd' r t i4 I►swd r ��. .. zmx n►. ��; - •� .....•....'.'. •.'.'.'.'..'.•. . i.r.. ...... d-. .� •' .......... f � � a Mmik Cdro*m 9ea0ea T.p..1I W and b am a M. WA r•w.•d M...b M Ibr4. Grd4ry ., i.+nro a. rau G".gir. •... 6.• .w eae4 tarakn. a..M Pd.. Krmns klaw N[ L•.qw mOm h" •Nrna.b. Me.7ier, Yrp.. Y.I4� ileh7r. P.ru Theme -Parks TM allr.l.wn. el h.. n.M1.m.tl...n Tb T.P.1• • tntam.t � Yr 950.It Oah t _ J - 14 oar • u..n..+2w B1MS has the wrong Sub -basin. Eae reels Ousdes wmllllstnbon j!Mp SEE In ®R ,e E (mx - Q " S / Mdtntdl[n Permit J OUtfdll wNii , Laceilldll I Perin NCG020701 BMWs In renew `(N Num his, RePresened Dr • Wismar Tidai 'Descnpbw dk1r F. Domeabc % Induuglal r8 50 slomwevis, % 50 � ry vrrnucl ours 'WalprbodF Back Bay Unnarrledrnbular Sub-basln03-04-14 Find Y M111Ralif CMar11 PIOna"d Clasarlkall n SAcQRW,NSW Crass.ecso— ReclaSalp DMe. Su mfnda' 77.t4F1-2 3002. Wkder7010. Summer 7010: Average 6F S. _ — feyli Sample Locxllms •sucp swlp AHOObod.l rom__::j y Enkm : Whim Ufl57raium Ouwadtrealn' . i ■ M 7 �- R Ready 81D: PMOD — Pepe a Ser 1 ,m �y Y DLR Permit is active -3 WEAM Land Resources Permit Mine Invenlofy Data Inify Micrastifl File Eck New F-tr2m look Heir, Inle(not kxplpior 16, Seardh _ FaWrees ..�.']wP:llbewa.a..,NRa.nc.u<knl.-,nkbFrery.pp7rnhaFedRysay�la85 017 C:cr lie G, v Ca .. + d . 4 9oda,i rls. �' Pupur kiw ",� Clwd, . 11hRd A . - Iy 5rad in. <.etrrvr_ Wring Permd ImeMcry . Mine Enhy 0 lir.nrl1 •Agne Name BI1011l— D ,03 / us f 2010 Region PmRO 'River PasquoMnk sin t.� 'Ong ""I IIW— llawa Issue Dail '"" 11" !I+'�'A Parma .... ae Hearing Dato Datte Date f J�71 �1�1� mndRy Date Status Code 3 'Bonded 45.04 'Bond 'Bold $52.100 00 Attee Type Amount J 1 'Allude 38.S50U 'Longllude 76130000 ads „ `Colletbdn From Map-Tobecamored V 'Reference 14AD1927 Method Dablm New Calrvnenl View Comments INJO1ess Tide Men* Cay ft e Mr Bonney G Bngnl Virginia Fleacn (757)721-5823 Alsldry AasOclaiad Documents Ddcumenl5(dm,,egd) v New Permd(27-e8NEWdocf v I DaNiload Document la..e �rrrra rlre.l.+a�. o.« C Done w lrssrrt Currituck County is actually within the Pasquotank River Basin, Sub -basin 03-01-54 He E& Ca To Fev m "* ®aa K, l ...'. �rdp:fMdo.sv.ltete.nc. _ _ _ jseA2.pff Gw 2k G . r Ga BomFinaks' PoRRe cMev j Aed 1 Swwtf - Capy `") 1, " I TV% y 5cd to yr Figure A4 General Map of the Pasyuotank Rher Basin 04 ., rAW4k§" Ift , _� ,MAP&QA� Reader aI iv¢, ikM 4 2af30 1�1 O - CaowNo�dnd W El � � Lh4iawn Zd+r 3;L> �z-�ii T z7- y9 �7S7-;ZZ/-S72 3 `� rn