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HomeMy WebLinkAboutNCG020703_COMPLETE FILE - HISTORICAL_20100615STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v '�� � a Q 7o DOC TYPE 'HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE Do YYYYMMDD CFA SV NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Joseph Tildon Whitehurst Cedarwood Mine 233 Woodville Road I-Iertfordd, NC 27944 Dear Mr. Whitehurst: June 15, 2010 a ,, irR f- 'i'4 �� JUN 1 7 2010 Subject. General Permit No. NCG020000 Cedarwood Mine COC NCG020703 Perquimans County Dee Freeman Secretary In accordance with your application for a discharge permit received on January 30, 2007, and the subsequent issuance of your Division of Land Resources mining permit, we are forwarding herewith.th:; subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US t;nvironmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please be aware that mine dewatering has the potential to impact adjacent wetlands. If your facility has wetlands in close proximity to areas being dewatered, then specific requirements may apply to you. These requirements for mine dewatering at facilities near wetlands can be found in Part 1I1, Section E of your permit. if this condition applies, you should work with the Division's Washington Regional Office in the development and approval of an Operation and Monitoring Plan. Contact Al Hodge at the Washington Regional Office at (252) 946-6481. This permit does not affect the legal requirements to obtain other pennits 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, state or local governmental permit that may be required. Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27599-1617 Location: 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 L Customer Service: 1-877-623-6748 Iniernet: www.ncwaterquality.org Art EquM opportunity 1 Affirmative Action Employer NoithCarolina Natltrally Joseph Tildon Whitehurst Cedarwood Mine—NCG020703 June 15,2010 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. We apologize for the extended period of time it has taken for the issuance of this pen -nit. If you have any questions concerning this permit, please contact Bradley Bennett at telephone number (919), 807-6378. Sincerely, ORIGINAL SIGNED BY BRADLEY BENNETT for Coleen H. Sullins cc: Washington Regional Office Central Files Stormwater Permitting Unit Files ... 10�bndk sole cakes. site • opea�un 3/07 7 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020703 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, J. Tildon Whitehurst, Jr. is hereby authorized to discharge stonnwater and mine dewatering wastewater from a facility located at Cedarwood Mine 233 Woodville Rd - --- ---- ------ -- --- � - - - ---Hertford, NC -- --- ----- -- - - _ -_ - - ---� - - --� - Perquirrans County to receiving waters designated as an unnamed tributaryof Little River, a class C, SW water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective June 15`h 2010. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 15th day of June, 20I 0. ORIGINAL SIGNED BY qR ^.rDLEY BENNE f for Coleen H. Sullins., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: �'�t� Y- ..� � ul."" �.-�x� tilt f a a+Ea �`y''4s�� �•r. .Y�.'� f •����a�..__}r,�\l.w���_.. 1 - IP � �`Y±I�I`139�1 �� y� ' 3KY1 f i y1 i; Lo' f r / 1 � /,• �Habhlt,Cor4er s����y::I Fig, OJ3� }mac t/ate" Xal... v�'' 4s@�� ��✓�yta9�Ft;5s 1`? ,ygb'�nrsu;a ,, >x hk ;17r S�,91.- fa'itil ,/�� ..`,� i$t F�l is •. f r� rN PS��'{ .i-�.t- jigJll x / fti, it ��"� t �a 1I�zo4 •l`; x� rywMii - - , : A� �s . u°_ .._ ,.^'a`y"^'- § ��y J�1 'ram '', a -'triYs s �' a i 't h t 9 i jY i"� J e�i, }?r j� M • `� ' �,% "'��ir`">5't� •z�Rl: : •�rre r .�+•"w 'Xt�\S`.cc'4� N.a i' �, - > a7 `/ f f 'raa*• �c C 4t w �� >� -7. h�?:?+� CeS';Z�� ry rt 1 / `\\ cia,.i- x .r 1 1 ,.✓x ".•- i��' a .> �rr�x / + 1 v:g .as �: l r +, 4r z .• ''� Ccdarwood Mine `� . =: /'1, _ �r . � =tom _ � � a.r'' � �• � � �._� �' ' �� •' , ! y l • ��a�c�" �". }� `' I -� � r/ ! / -' �^ •• `• ilia• ' �' f�ip B F+ � ir'. �— RYA 6 fJ tt_� �.._T 4..✓ . lei .i 1 w: _ 1t a` �r >'"`•:.. . a7 Q„ '�y �.,y�ti`�•��f ram. /: l 'x _ • v' t - 4. 1 k .T.— ,--Y-•- f l s �i�u k,�i °t\+,�c •`3 e�: f . C' _;,-_�. �T�_, •�••^ � C,lt.J , �-- � �_c � � \ -. o� •3kt !r~��4 IysS� �..., �'!.. � •�� _ r icy �Z�� fib \ a � ,ley s� '�� '_ ''� �� ;` ;S� r iA�f .ss ' � '"•u� 6t^ rlp� tw't �a .r'e 1 yy � '� ' ; x .•S',- ', g_1�J. •"�tt'''�' r -� 13i5` -fir i , {TM r• si i ,{ rz°`��'+.-egea4 1 .`1 II 55�� y r r r< r �` � icaw.$"4 .�� � 1f�!':��s•- � �6..�..'a. . .'�.r i- � .�.u� �=.1F �1-.. �'k, �.�x. K..�::��...�'��Y�at��'R�'.�.It Latitude: 36013'13.06" N NCG020703 Facility Longitude: 76'19'10.10" W a County: Perquimans J. Tildon Whitehurst, Location Stream Class: C, SW Jr' Receiving Stream: UT to Little River Sub -basin: 03-01-52 (Pasquotank River Basin) CffoACtft Not to Scale. Bennett, Bradley From: Hodge, Al Sent: Monday, June 07, 2010 12:10 PM To: Bennett, Bradley Subject: RE: Bradley: these are so old lets issue the }permits and we'll deal with anq issues that arrive. Lets somehow reflect that ill the renewal these need an elevated review. Does that work for tlou? hod8e From: Bennett, Bradley Sent: Friday, June 04, 2010 3:47 PM To: Hodge, Al Subject: Al, I have mentioned to you a couple of times recently some old mining applications that I need to deal with. Well, I'm finally passing these along. As you will see, there are really old and fell through the cracks for us. I dropped the ball after original staff on these left our unit. I'm sorry about that. I'd like to talk with you about the best way to deal with the permits for these. It is possible that we just want to issue them and then deal with any issues through inspections after the permits are in place since all of these have had their DLR permits issued since applying to us. Give me a call and let's talk about these. As you will see in the table below, we have previously requested regional office comments on all of these but I think you guys were in some transition position -wise during this time period. If you need us to forward any information back to you on them let us know. _ RO" RO - Comments. Comments Issues Pormif# Name County Received Requested Received NCG020686 ER Lewis Construction Pitt 715106 819106 - Mine dewatering to WS waters -Joyner Mine NCG020703 J. Tildon Whitehurst- Perquimans 1/30/07 3/13/07 & Cedarwood Mine 1 10/10/07 NCG020707 David Parks - The Pasquotank 1 3/28/07 1 1 415107 & _ Parks Pit 10/10/07 I should be around until 4:30 or so today if you want to talk or we can touch base on Monday. :: Bradley Bennett Stormwater Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6378 Fax: (919) 807-6494 Email: brad ley. ben nett(a) ncden r.gov (New Email Address) Web: http://h2o.enr.state.nc.us/su/index.htm Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ALIT� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Govemor Director and State Geologist May 16, 2007 William G. Ross Jr., Secretary Mr. Joseph Tildon Whitehurst, Jr. oc 233 Woodville Road4 Hertford, North Carolina 27944 RE: Cedarwood MineQ� Perquimans County ,J 3 Pasquotank River Basin Dear Mr. Whitehurst: The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mininq Permit No. 72-18 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on May 16,. 2012. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 15.60 acres and the amount of land you are approved to disturb is 15.12 acres. The bond amount required for this site is $17,700.00. You may wish to reduce the $22,500.00 Irrevocable Standby Letter of Credit No. SB003795 recently submitted for this site to $17,700.00. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures: Permit No. 72-18 Notice of Issuance cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, wlpermit Mr. Bradley Bennett-DWQ, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Joseph Tiidon Whitehurst, Jr. Cedarwood Mine Perquimans County - Permit No. 72-18 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: May 16, 2012 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception. If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to'in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until May 16, 2012. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS.- 1 A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact - the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to -the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. -Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent _sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the approved detention ponds. C. Mining activities shall occur as indicated on the mine map and the supplemental information both received by the Land Quality Section on January 29, 2007, 5. All affected area boundaries (15.12 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Page 4 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 55 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. w=re cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse, 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table, and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 5 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $22,500.00 Irrevocable Standby letter of Credit (of which $17, 700.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct, reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of.at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 1OD. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Seeding Schedule provided by J. Tildon Whitehurst, Jr. on January 10, 2007 or the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate Lbs/Acre Kobe Lespedeza 10 Bahiagra_ss _ 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 161" day of May, 2007. James D. Simons, Director Division of Land Resources_ By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Joseph Tildon Whitehurst Jr. to conduct mining activities off SR 1329 (Woodville Road) in Perquimans County. The mining permit (No. 72-18) was issued on May 16, 2007. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail'Service Center, Raleigh, NC 27699-6714. Any questions about fling a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by_mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. N. James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on v Brenda Harris Mining Program Secretary Mr. J. Tildon Whitehurst, Jr. Cedarwood Mine 233 Woodville Road Hertford, NC 27944 Dear Mr. Whitehurst: Michael F. Easley, Goventor William G. Ross 3r., Secretary North Carolina Department of Fnvironmeni and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality April 11, 2007 RECEIVED APR 12 2007 DWO-WARD Subject-. General Permit No. NCG020000 Cedarwood Mine, NCG020703 Perquimans County The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Ludlum Sand Mine on January 30, 2007. The application included a copy of an associated application for a mining permit submitted to the Division of Land Resources (DLR). Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining permit from DLR. Our office will process your stormwater permit application once a DLR mining permit has been issued for your project. Please also be aware that your NPDES permit will require dewatering operations without impacts tb wetlands, and from the map provided it is impossible to tell whether or not this is a potential issue- The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG020000, available on our website, http,.//h2o.enr.state.ne.us/su/Fonns_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 NPDES-permitted mining facilities. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. A Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of an NPDES permit. We encourage you to contact Al Hodge at the Washington Regional Office at (252) 946- 6481 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. If you have any questions concerning the NPDES permit approval process, please contact me at (919) 733-5083 ext. 578. Sincerely, S. __ ��_ 4 Aisha Lau cc: Washington Regional Office Central Files Stormwater Permitting Unit Files o r` NhCarolina ,,afura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: www,ncwalerguality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper Customer Service 1-877-623-6748 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Naturat Resources April 11, 2007 Mr. J. Tildon Whitehurst, Jr. Cedarwood Mine 233 Woodville Road Hertford, NC 27944 Subject: General Permit No. NCG020000 Cedar -wood Mine, NCG020703 Perquimans County Dear Mr. Whitehurst: Alan W. Klimek, P.L, Director I)ivision of Water Quality The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Ludlum Sand Mine on January 30, 2007. The application included a copy of an associated application for a mining permit submitted to the Division of Land Resources (DLR). Please be aware that the issuance of an NPDES permit is contingent upon the issuance of an associated mining permit from DLR. Our office will process your stormwater permit application once a DLR mining permit has been issued for your project. Please also be aware that your NPDES permit will require dewatering operations without impacts tb wetlands, and from the map provided it is impossible to tell whether or not this is a potential issue. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG020000, available on our website, http://h2o.enr.state.nc.us/su/Forms_Documents.htm. See Section C, Part l .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 will be subject to enforcement action. A Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of an NPDES permit. We encourage you to contact Al Hodge at the Washington Regional Office at (252) 946- 6481 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. If you have any questions concerning the NPDES permit approval process, please contact me at (919) 733-5083 ext. 578. Sincerely,Yj 4 Aisha Lau cc: Washington Regional Office Central Files Stormwater Permitting Unit Niles NorthCarolina )alurally North Carolina Division of Water Quality _ 1617 Mail yen -ice Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: www.newa1erguality.01�' Location: 512 N. Salisbury tit. Raleigh, NC 27604 Fax (919) 733-9612 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Customer Service 1-877-623-6748 6", s7r ,grq b Pro �kd mo-q " 1.7 nil f,,,jv DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Joseph Tildon Whitehurst, Jr. Cedarwood Mine Perquimans County - Permit No. 72-18 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: Ma 16 2012 w ALTE a Division of Water Quality I Water Quality Section NCDENRNational Pollutant Discharge Elimination System r:�.xr:w c;anp ww i7FMRTNFNT nr F-1-01 MENT ANS NATO— RESOl S NC 020000 NOTICE OF INTENT MA"NCY USE ONLY —FOR Received �gDuce 6f — ' l h� Curti ficcn[v<raKe VAt�„1LaTiFirtt 7? `t7 N Perinit Assigned to National Pollutant Discharge Elimination System application for coverage under General Permit 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 or 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 Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle process wastewater; and/or mine dewatering The following activities are specificaily excluded from coverage under this General Permit: • Peat mining, coal mining, and metal mining • Stormwater discharges from mining operations which are inte:-mixed on site with stormwater from asph V operations, and oil and gas extraction operations ' d * Standard Industrial Classification Code 7 1) Mailing address of ownerloperator: Name Street Address City Telephone No. r (Please print or type) r State MC Ahy- 3OA7 _ Fax: ;t<: 2) Location of facility producing discharge: p a ZIP Code iy ' Xidress to which all permit correspondence will be mailed Facility Namer,,iL Facility Contact. Street Address _233 _(lead v:.l y� ► d City _..... State Nc,_ ZIP Code X79*Y County Ptr Telephone No. 3) Physical Location Information: Please provide a narrative description o` ho%-� to get to the facill"'y (use street names, state road numbers, and distance and direction from a roadway intersection). Foy+. kill kc_ l7 Norft. j2sZ,c4_Fkub i, CA-y on Old u5. 17 rr1367) -Ern AA L131Q)- �,�G� t%;k an dl - $:•k f:p (A copy of a county map or USGS quad sheet with fanilZy clearly located on the mep is required to be submitted with this application) :':age 1 of 4 S W U-217-101701 a NCG020000 N.O.f- 4) This NPDES Permit Application applies to which of the following : ua New or Proposed Facility Date operaticn is to begin A�2A_ /r�,,,c ), aao7 El 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: _ _ _L A J4//A Lrn;n;,�� 6) Provide a brief narrative description of the types of minerals mined at this facility: S� CTj=:! 7) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: Mine dewatering:_ :1 _ Process Wastewater Overflow: Please provide short narrative description of discharges: Gfa}rc 4" writ b' n,J...nni :,A. TJ. I�w:JI tAft .ur_I' Flow i2 -. se_eswj de4rn4'-.*n IM.M,/ Le A. -fk't :4- ":li Offe'ja,;,� FrvFo-t:✓.w dryµ.. 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? - 4-Wif R.Ve" If the site stormwater disch rges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). fir/A 9) Does this facility have any other NPDES permits? R�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)? PIN ❑ Yes If yes, list the permit numbers for all current fJen-Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? ❑ No eyes If yes, please briefly describe: _kg,,Lw.;fl bc. pj.,ke mt..e _g.« Aj -JI vb%%. + +k rA,re.. rion" 4).eet_ :4- w0l be jew.'.� )o 441C 144cr. d^ kamll fs . 12) Does this facility have a Stormwater Pollution Prevention Plan? l� No ❑ Yes If yes, when was it implemented? _ 13) Are vehicle maintenance activities occurring at this facility? Ca'�lo ❑ Yes 0;� 14) Are mine dewatering discharges occurring? (�� U140 ❑ Yes P 2 of 4 u,e S W O-217-101701 z • ..x .Y•. It � �r NCG020000 N.Q.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? P 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 acid specifications with this application. b) �Does this facility employ chemical adc;itives to flocculate suspended solids? Id' N o ❑ 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? 2 No ❑ Yes 16) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? "o ❑ Yes b) Is this facility a Small C;:uantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? eNo ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg, or more of hazardous waste generated per month) of hazardous waste? C�3'No ❑ Yes d) If you answered yes to questions b. or c., pi-ase 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 Gene.ai Statute '14.1•215.6 h ") provides that: Any person who knowingly mekes any 'alse : iatu menf wpresentation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission irnplementing that r.riic:le., or who falsifies, tamper with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or mr•.intained 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 S W U-217-101701 NCG020000 N.O.I. not to exceed $10,000, or by imprisonment not to exca vu six months, o by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage kinder 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 `ollowing 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 specificaily 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: "r )AO, Title: wjofn c � - aL L 1AV (i nature of Applicant) C/ (Date Signed) Notice of Intent must be accompanied 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: Check for $80 made payable to NCDENR 52"' This completed application and all supporting documents FK Copy of the valid approved mining permit for the facility — Gopy O' Copy of county map or ,JSGS qu-t'OheP; :rich I,,;ation o', 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 mote The submission of this document riot guarantee the issuance of an NPDES permit. ace 4 of 4 S W U-217-101701 NCG02 Stormwater Permit: Mining Permit Review Permit Number: NCG020703 Reviewer: Johnson (originally to Lain Mine Name: Cedarwood Mine Summary • Receiving Stream: UT to Little River • Classification.' C, SW • River Basin: Pasquotank • County: Perquimans • Notes: There are two parts of Little River nearby that are classified differently. The dividing line is the mouth of Halls Creek. This site is upstream_ of Halls Creek. Regional Information • Office: o ❑ARO Contact: o ❑FRO Contact: o ❑MRO Contact: o ❑RRO Contact: o ®WaRO Contact: Jeffery Manning o ❑WiRO Contact: a ❑WSRO Contact: • Dates: o Approval requested: o Approval received: o "No wetland impact" determination, (15A NCAC 02B .0231(b)(5)(0 requires the Division to preserve the water levels of wetlands. We can require engineering plans to ensure that this is the case.) o Inspection: • Notes: I have not sent this to WaRO because I would not have heard back before my last day. 5/30/08. Other Agency Information • DLR o Application submitted date: o Approved date: • DEH (if WS) o Needed? [—]yes ®no o Application submitted date: o Approved date: • Shellfish Sanitation (if SA) o Needed? Dyes ®no o Application submitted date: o Approved date: • Notes: Application Review a) The permit application • Signed: • Complete: • SIC Code[ktl: SIC i. Describes activities: April 2002 (Latest version ?) 16 May 07, Permit number 72-18 ®yes ❑no ®yes Ono Dyes ❑no Page 1 of 2 NCG02 Stormwater Permit: Mining Permit Review ii. Covered by permit: Dyes Ono iii. Notes: The ermittee says that he does not have an SIC code. Determine what this should be. b) Mine Type: • Quarry: ❑ • Sand: • Clay: • Other: T c) Wastewater: • Type - Mine dewatering: ®yes Ono - Stamped by PE? Oyes ®no - If clay & dewatering, ATC? Dyes Ono (required) - Process wastewater produced: Dyes ®no - Stamped by PE? [—]yes ❑no - If recycle & not closed, ATC? Dyes Ono (required) - Notes: The site plan is not stamped and it isn't very detailed (it is part of the mining permit application.) • Wastewater and ORW Waters Requirements - New/expanding wastewater to ORW? Dyes ®no (not allowed) - New/expanding wastewater to Dyes ®no (special limits) upstream of ORW? - Notes: The Little River drains to Albemarle Sound, which is not ORW. d) Other: • Does this facility have other permits? [—]yes ®no • Hazardous waste activities onsite? Dyes ®no • Notes: Communication logs Date Item _ �jrc.EQEQ —1—Determine SIC codes.— ,2. The dewatering water is pumped from one pond to a second pond for settling, then to a farm ditch. Exact calculations are not provided. The sizes of the pond are not provided. Determine if this is an adequate treatment arrangement. 3. ATC? 4. Application says operations will begin March 07. Are they operating without a permit? -- - ---ti 56 fr toriajwt W dX We 6tr ,�), I 6 10 - Vir i a"S ur Page 2 of 2 LOCATION MAP: Latitude: 13'13.01 NCG020703 Facility Longitude:: 7t"14'10.10" l�I •.'� County: Perquimans J. Tlldon Whitehurst, Location Stream Class: C, SW Jr. Receiving Stream: UT to Uttic River Sub -basin: 03-01-52 (Pasyuotank River Basin} [Ji%OtfIt Not to Scale Coe, 'ooFTCp S N� / K�t�•� KAsoN/ �'?�.n3EQ�C �R.ry'1t-tS f�:C�nao��3 NQGO a 07, 3 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020703 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, J. Tildon Whitehurst, Jr. is hereby authorized to discharge stormwater from a facility located at Cedarwood Mine 233 Woodville Rd Hertford, NC Perquimans County to receiving waters designated as an unnamed tributary of Little River, a class C, SW water in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, I1I, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective May 30, 2008. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 30'h day of May, 2008. for Coleen H. Sullins., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: Latitude: 36113'13.06" N NCG020703 Facili Longitude: 76119'10.10" W Jr. ty County: Perquimans Tildon Whitehurst, tion Stream Class: C, SW Loca Receiving Stream: UT to Little River Sub -basin: 03-01-52 (Pasquotank River Basin) ffottA Not to Scale NCG 020703, Cedarwood Mine Google Earth shot, 2008 ,,: - ftma File Edit View Tools Add Help v Search Fly To Find Businesses Directions Fly to e.g., Hotels near JFK r, �/� �r '°-''' 233 woodville rd, hertford nc C kI ❑� �+ 233 Woodville Rd, Hertford, NC 27944 �� _t F9 sue. �.-'�.'t��,:y,�. •. � � 'tb � �,-4�, . j�! r •Ark -�� f� /' •t. ��, y `°�, ci3 I� 1 X • � �� �` fi. � /f \ . ..l..! .p� �I ,tip^fi �'�' � �sZ �� 000 . � � , �, �►c " ,�3 ... . _ - � . , -jam . . • . .;� n v Lavers !'� :+ a Geographic Web 0 ® Roads �` • , E � `c. - �• � % � F.� a fit: +0 ❑ IL 3D Buildings t` 4 `l \ f, -;,r,El . '• �,. 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