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HomeMy WebLinkAboutNCG020711_COMPLETE FILE - HISTORICAL_20070608STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ p�C�� � ti b J b YYYYMMDD 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 June 8, 2007 Timothy A. Meyer Atwell Construction, Inc. 305 Airport Road Greenville, NC 27834 Subject: General Permit No. NCG020000 Atwell Construction —Briley Sand Mine COC NCG020711 Pitt County Dear Mr. Meyer: In accordance with your application for a discharge permit received on April 4, 2007, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit_ This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as 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 be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Section C, Part 1 of your permit (Part III Page 5 of 9). You must have an approved Operation and Monitoring Plan before mine dewatering discharges_ occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of this permit. Contact Al Hodge at the Washinton Regional Office at (252) 946-6481 for more information about the approval process. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this 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. Now hCarolitia Nalurally North Carolina Division or Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.newaterquality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpportunitylAffirmative Action Employer— 50°% Recycled110°% Post Consumer Paper Mr. Timothy A. Meyer Atwell Construction, Inc.—NCG020771 June 8, 2007 If you have any questions concerning this permit, please contact Bethany Georgoulias at telephone number (919) 733-5083 ext. 529. Sincerely, ORIGINAL SIGNED BY KEN PICKLE Coleen H. Sullins cc: Washington Regional Office Central Files L Stormwater Permitting Unii Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020711 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Atwell Construction Company, Inc. is hereby authorized to operate treatment systems and to discharge stormwater and discharges associated with mine dewatering from a facility located at Briley Sand Mine 1241 Gum Swamp Church Road Greenville Pitt County to receiving waters designated as an unnamed tributary to the -Tar River, class WS-IV, NSW water, in the Tar -Pamlico River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, II1, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective June 8, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day June 8, 2007. ORIGINAL SIGNED BY KE+N PICKLE fc)r Coleen H. Sullins, Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: Latitude: 35'42'2" NCG020711 Longitude: 77°26'28" Briley Sand Mine County: Pitt Stream Class: WS-IV, NSW Receiving Stream: UT to Tar River Subbasin: 03-03-05 (Tar -Pamlico Ri-,,cr Basin) Facility Location rA%OJtt� V MAP NOT TO SCALE Mr. Brent Roberson Roberson Sand Pitt II, LLC PO Box 1596 Williamston, NC 27892 Dear Mr. Roberson: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colcen 11 Sullins, Director Division of Water Quality June 4, 2007 � 1� �LL.# JUN 0 5 2007 Subject: General Permit No. NCG020000 Roberson Sand Pitt 11, NCG 020714 Martin County The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Roberson Sand Pitt lI on May 22, 2007. The application included a copy of an as 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 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.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 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 telephone number (919) 733-5083 ext. 376. Sinc ely elly Vhnson cc: Washington. Regional Office, Al Hodge Central Files Stormwater Permitting Unit Files No``hCarol ina Natrim!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwateTquality.org- Location; 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal opportunitylAffirmative Action Employer— 50% Recycled1l0% Post Consumer Paper t4onh Carolina Division of Environmental Health MEMORANDUM Division of Environmental Health Terry L. Pierce, Director Public Water Supply Section Jessica G. Miles, Section Chief May 18, 2007 TO: Ms. Bethany Georgoulias Stormwater Permitting Unit Division of Water Quality FROM: J. Fred Hill, Washington Regional Supervisor Public Water Supply Section Division of Environmental Health SUBJECT: Atwell Construction Co. Inc. Briley Sand Mine NCG02071 I. Pitt County State of fforfh Carolina Michael F. Easley, Governor Department of Environment and Natural Resources William G. Ross, Secretary Reference is made to the above -mentioned Stormwater Permit. We have reviewed this permit application and determined the proposed discharge will not adversely affect water quality upstream of any existing or known proposed public water supply intake. We concur with the issuance of this permit provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. If I can be of further assistance, please let me know. Cc: Jessica G. Miles, PE CPM Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 ♦ Fax 252-975-3716 http:llncdrinkingwater.state.nc.usi POthCarolina Naturally An Equal Opportunity / Affirmative Action Employer I O�O�, W A Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, 1'. E. Director Division of Water Quality Coleen 11. Sullins, Deputy Director Division of Water Quality April 20, 2007 Memorandum To: Regional Water, Supply Supervisor, Department of Enviionmen_tal Health-(DEH)� Washington Regional Office From: Bethany Georgoulias, Stormwater Permitting Unit Subject: Review of the discharge location for the following: L� ID Atwell Construction —Briley Sand Mine 1241 Gum Swamp Church Road 2 Greenville, NC 27834 Pitt County UWQ,±VVARO NCG020711 Please indicate your agency's position on the facility listed above. Attached is a map and the Notice of Intent application for this facility. We cannot issue the permit without your concurrence. Please return this form at your earliest convenience. RESPONSE: This agency has reviewed the draft permit and determined that the proposed discharge will not be sufficiently close to any existing or known proposed public water supply intake so as to create an adverse effect on water quality. We concur with the issuance of this permit, provided the facility is operated and maintained properly, the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. Concurs with issuance of the above permit, provided the following conditions are met: Opposes the issuance of the above permit, based on reasons stated below (or attached): Signed cc: Stormwater Permitting Unit Files Attachments Date: N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015 #T VT �lCUEi�:� Customer Service 1-877-623-6748 LOCATION MAP: .. �� `h\lfoll� II�l3\ i_. `�I��� €` • / t� I' �;� �y...,r /y �,� � � - ' 3-_ t E - 1 Briley Sand Mine YvJa. 1 _ ...�_.... .. ; s .---•^^ i1 �`L ,j' C,lin�r_y l \\ L 9 (j 'fro\ 'et ;^ r• b4lWir Ch � 1._ y� • � ��� rL'\ f � Ate` "'."k:.E.' �..•---w��1. \• 'sr;""V�"..�._ }, r l . , •'C' J!� '� � �1J15 ..�":'�.. bey . �: f � � r� }7 ♦ 1': `r_ � - (.�<•� '��_ s iyl i� `� � � � l �� I ii `'� f '� '� Y"n a,. a � �"i� � . ]\ 1�;',� .,".�L,= � V`FD��.,''w.��r �L rater /ram •��` { }. L,� � \�� � 1 f"' � ti ty; ✓��I 1`�,u. � � � ��l,.' �`l ""r. 1 �J e �C s r1 ; �' , � � ,! � 65.1 Ltf. �. �•'^�;��-� � ��,(�� C <� 'sa,...� tj Z. ��L+' ` .M. - �. � 1. _ ♦mil. .m� . '4. � .� `, ;, � �� � .-.'..r . `L r L -�!'• ''y . • � .. \ �, "'..,z+A,.:. \_,' fi, a ` •moo � a. .�•+ � � ��e YS "4 �'j�h ` _ 4 , �, i y'.: ,1 �. y= t ".,,� fr•. �p� j; I �! ,' y�Y �. 7� ' i � .... � S k�; y � _ � �t a � � � ,� w,. :� ` \ \. •. - /� "'/ �.•w.. � �., µin '' •] tt „-lyi,�� a'�P' ~,�\\'`. • ` . \ RC? Lruni 1 ..;.—�.1, (f�'i"t'``^'— _ y.t..., _ """ii w ;,� t •"..`".'\_�__. ;'r '-n-� 95 �c'� t G.1ti)� �^y t � L ,��j_ ''. .� �`.p( r 's..-.•^„ ' Al{rY R� Ij �.g "tiV,. u.___� L `'s11 :.. �;1: i• ��\! 1 '�i, rG'�4�`��°f,. �. �I," .. 6�I �Y�..: �.—_M:\bk5 Latitude: 35" 42'2" NCG020711 {� Longitude: 77" 2G'28„ Facility County: Pitt Briley Mine Location Stream Class: WS-IV, NSW Receiving Stream: U'r to Tar River Subbasin: 03-03-05 Cfar-17amlico River Basin) cffOtth NOT TO SCALE AT - K wA Division of Water Quality ! Water Quality Section At NCDENRNational Pollutant Discharge Elimination System wad CAAW—Q�—P rJ�Y�g1.Or Yq t1�1YL rt� NCG020000 NOTICE OF INTENT FOR AGENCY USG ONLY Irate Rerehvtd Yer Month My O CertinrotenfE ►rr r O check . maurx �a Prank A to 4glowd 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 Morrow 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 0 O • Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle' z a 55 € � [ process wastewater; andlor mine dewaterings P 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 asphai� -.� ► operations, and oil and gas extraction operations C3 standard industrial Classification Code ? 1) Mailing address of ownerloperator: Name Street Address City Telephone No. (Please print or type) Atwell Construction Company, Inc. 305 Airport Road Greenville NC State NC ZIP Code 27834 252 7585181 Fax 252 2450900 • Address to which all permit correspondence will be mailed 2) Location of facility producing discharge: Facility Name Facility Conrad Street Address City County Telephone No. Briley Sand Mine Jason Moos 1241 Gum Swamp Church Road Greenville State NC ZIP Code 27834 Pitt 252 7585181 Fax 252 7585181 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 on NC 33, right at SR 1415, immediate left at SR 1413 (Gum Swamp Church (toad), 1.1 miles on the left (A copy d a county map or USGS quad sheet with facility dearly located on the map is reg4red to tie submitted with this application) Page 1. of 4 SWU-217-101701 NCG020e00' N.O.1. 4) This NPDES Permit Application applies to which of the following: ® New or Proposed Facility O Existing 5) Standard Industrial Classification: Date operation is to begin April 2007 Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this fadlity SIC Code: 1442 6) Provide a brief narrative description of the types of minerals mined at this facility: sand 7) Discharge Points: Ilnn ` Number of discharge points (ditches, pipes, chanVIs, etc. that convey discharges from the property): Stormwater: 1 _Mir=e dewatering: V Process Wastewater Overflow: Please provide short narrative description of discharges: Stormwater from surface runoff. B) 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? Unnamed tributary to the Tar River 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). NA 9) Does this facility have any other NPDES permits? ® 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)? ® 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? ❑ No ® Yes If yes, please briefly describe: Buffers, swales and other devices in accordance with an approved sedimentation and erosion control plan. 12) Does this facility have a Stormwater Pollution Prevention Plan? © No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? ® No ❑ Yes 14) Are'mine dewatering discharges occurring? ❑ No ❑ Yes_ Page 2of4 SWIG-217-101701 NCG020000 N.O.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? [J 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 Spree (3) sets of plans and specifications along with their application. Design of treatment fadlities must comply with requirements 15A NCAC 2H .0138. If consinution of wastewater treatment facilities applies to the discharge of process wastewater, include ttwee sets of plans and specifications with this application. b) Does this facility employ chemical additives to flocculate suspended solids? ® 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? ❑ No (2 Yes IS) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ® No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes c) Is this facility a urge Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Types) of waste: How is material stored: Where is material stoned: How many disposal shipments per year Name of transport I 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 fled 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 exceed six months, or by both. (16 U.S.C. Section 1001 provides a purishment 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 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. 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 Per�or� Signing: _ Title: �G e 3 a o (Signatu o App/ic t) ate S fined) Notice of Intent must Compartied by a check or money order for $80.00 made payable to: Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑x Check for $80 made payable to NCDENR © This completed application and all supporting documents ® 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 SWU-217-10170i John Al Tucker, P.E. Consulting Engineer P.O. Box 291 Fuquay—Vorina, North Corolina 27526 Project _ ATWEIL SAND UK Sheet ------ ---- of _-- _-- Date--------------- Scale AS NOTED PORTION OF 7.5 MIN USGS QUAD SHEET ``GREENUILLE NW In i tyll 1 "j,_ 4 �,•- r i � r �� -.+. l�r� �.r i•+ I rf� F�'a* 5{+'xi -�'s I }�a Yk � �...� r �';� - � � ^� 1 -s .. ♦ti ,,, ' �" n y1', >L .yylF L � f lr r�-.� rL r 1 sE r T At �w i5 Yw'h, 1ni 15Sr nF'li'lf}t£41f, 't'''�t�Ay� rtirj �r �s 4P '•,J, _: :r y'y va, �.�, �• `• t. l I9. sq l CY Y. ' + •sr ,.L fff * }\ r J S 5 I - rf lry r : � Crn � r ..•'hf v [ fYss, III' * I,r 4 v� z% s J\`f sr xr.Y IeK ,t ors tnr,s> j. +}� .. �'��. '61•�rYk3..rt 3 0�,�� i1:r'"r Syr v. n �f, 1r. 4s},�S'C ,�.. II r a r T,.J I �. PROJECT p ,I 0ECS 1 - - h 7 •� -�, \ htt,.s �•', rr ys yI -k.. 1 t �,� [r \ 9 IS 1r 4� ix ;_, SrSR .,sib � fk�' x• �4+"�..1 4.�. _}� r i 1 II �•J'ti r 4 a :, r y k. � a' i l ' r � � z �. •+ �' t• C•C s l mri ~�n _�.._—-•C.Js' r '`.dt �y,5�i, un t I +y ]r -F }i �tl �kTM. € �+ 5 �H: a*i -+ ti __ •l f 1Cla ] /�. �. 1 f! - 5 1 ��-�—� ,,Gs � s I S a \k � _` , �` , r �:.;�. ,JIBS ` `,, '' ' , � �'� ` F% •1 /i� r Y~ Ten 1 ti I1 a� t�I •• � 11 r r is ti yrr', \ 'Tr~' n nt YYY 10 GRAPHIC SCALE l n= 2000 0 2000 4000 6000 NCG020711 Atwell Construction —Briley Sand Mine rev. 6/6/07 April 20, 2007 S. Georgoulias Summary This facility submitted a Notice of Intent to be covered under General Permit NCG020000 (Mineral & Mining Industry). The stormwater and mine dewatering discharge drains to a UT to the Tar River (Class WS-IV, NSW), in the Tar -Pamlico Basin. This facility is located in Pitt County, handled by the Washington Regional Office. Application review a) The permit application has been signed and sufficiently completed, Yes. Requested Mining Permit (not attached) on 4/ 17. b) The SIC code accurately describes this facility's activities and is covered by this general permit. Yes. SIC: 1442 (Construction Sand and Gravel). Stormwater and Mine Dewatering proposed. NOTE —"Mine dewatering" includes wet pit overflows for this industrial category (40 CFR 436 Q. c) Proposed wastewater discharge to ORW waters (not allowed) or upstream of special ORW watersheds (where more stringent effluent limits apply)? No. d) Does this facility have other permits? Mining Permit from. DLR. e) Hazardous Waste Activities? No. 1) DLR Mining Pegnintatus verified: Yes. (Contact J. Wehner) Mining Permi (74-81),issued 2/27/07. g) Regional Office input requested: 4/20/2007 (WaRO contact Jeff A. Manning). RO Approval received: 6/5/07 (see attached e-mail). Wetlands impact? Yes. O&M Plan required. h) DEH Approval Needed? Yes--WS-IV watershed. Requested 4/20/07 (see memo). Rec'd 5/22. i) Is an AtC Required? No. Company will dewater from sand pit only. 3} Other Special Considerations? No. k) Application approved? Yes. Phone logs 4/ 17/07: requested copy of Mining Permit from Jason Moos (tel. 252.758.5181). 5/ 16 & 5/21 /07: spoke with Jeff Manning at the WaRO re: approval and pot. wetlands impact. Add. Info. Review None. Rei Briley=,'vline Subject: Re: Briley Mine From: Jeff Manning <Jeff.A.Manning@ncmail.net> Date: `Cue, 05 Jun 2007 16:25:28 -0400 To: Bethany Georgoulias <Bethany.Georgoulias a nemail.net> I think so. Jeffery Bethany Georgoulias wrote: Okay - sounds like we're okay to go ahead and issue then? Jeff Manning wrote: Bethany, Many thanks. That was just what I needed to know. Jeffery Jeff, We get this question more and more, but to date we cover very few (if any) mines under an individual permit. Since wetlands are involved in this one, commencement of their operation even with a COC for the general permit cannot begin until your office approves their Operation and Monitoring Plan, which requires a thorough effort on the applicant's part and adds a more stringent requirement. The 0&M Plan approval is also at the discretion of your office, so I could see WS or NSW concerns being addressed by that to some degree (maybe?). Typically this question about an individual permit has come up when HQW or PHA waters are involved, but we've never had it with WS or NSW waters. Even in those first cases, we hardly ever go the individual route, though. While the mining permit could stand some big changes at the next renewal (we do acknowldege that!), and perhaps specifically to address WS or NSW concerns, it would be difficult to require an individual permit for mines near a WS and/or NSW. With so many "exceptions," the general permit wouldn't really fulfill its purpose; it would also be inconsistent with other mines we've permitted. An individual permit means a MUCH more lengthy process... the owner will have go back and fill out a lengthy EPA application and follow a process that will take up to 6 months, including public notice and comment period, etc.. We'd have to have a pretty significant and special reason to justify why the general permit isn't sufficient to protect the waters in this case. I don't mean to discourage you from doing the most to protect the waters --these mine projects can be very frustrating, to say the least. In the WiRO, they are a nightmare. However, we can't start covering some under individuals to make up for shortcomings in the GP that we really need to address at renewal. I think working with these guys on an 0&M Plan may give you the opportunity you ned to get the owners to address special concerns here. Does that sound workable? We can certainly talk more if you'd like. -BG Jeff Manning wrote: I of 2 6/6/2007 I :17 PM Re: Briley Mine I Bethany, I finally sneaked into Al's office and he approved our recommendations for the Briley Pit. He did ask if they could do this under a general permit or if they needed an individual permit. My gut feeling ( and understand I am somewhat of a novice where mines are concerned) is that they should have an individual permit. Since this is a water supply and nutrient sensitive area I feel we should do all that we can to protect and monitor the waters. Your thoughts would be greatly appreciated. Jeffery Jeff, Did you ever get an approval from Al to move forward on this one? Thanks, BG Jeff Manning wrote: Yes, there are. The Tar -Pam Buffer rules will apply to this site. Jeffery Bethany Georgoulias wrote: Okay, sounds good. Are there potential impacts to wetlands at this site? Jeff Manning wrote: Bethany, I sent my recommendations to Al for his approval. As soon as'I hear back from him I will email you. Jeffery Georgoulias wrote: Jeffrey (or do you prefer Jeff?), I apologize for not scanning this in with the NOI. Not the best copy in the world, but I also included the draft COC I put together with the topo image on the second page --that might help you see it better. -BG 2 of 2 6/6/2007 1:17 PM I NOI from.Atwell Construction w Subject: NOI from Atwell Construction From: Bethany Georgoulias <Bethany.Georgoulias a ncmail.net> Date: Fri, 20 Apr 2007 14:48:39 -0400 To: jeff.a.manning a ncmail.net Hi Jeff, We've received an NOI from Atwell Construction for Briley Sand Mine in Greenville, NC for coverage under Mining Permit NCG02. They mine construction sand/gravel, and they've already received their Mining Permit (MP 74-81), issued 2/27/07. They'll discharge mine dewatering and stormwater to a UT to the Tar River (a segment that's Class WS-IV NSW). A copy of the NOT is attached. Since there's wastewater going to a water supply, I've also sent a memo to DEH at your regional office requesting approval. We'll have to get that before issuing the permit. Does the Washington Regional Office have any concerns about issuing this facility a COC for this general permit? Also, is there the potential to affect wetlands? Normally if we don't receive any objections, we'll issue the COC in 30 days, but I usually hold mining permits until we hear from the RO--especially if there's a chance that an 0&M Plan is required. Thanks, and have a good weekend, BG Bethany Georgculias Environmental Engineer NC DENR DWQ Stormwater Permitting Unit (919) 733-5083, ext. 529 bethany.georgoulias@ncmail.net NCG020711_NOl.pdf Content -Type: application/pdf Content -Encoding: base64 1 of 1 4/20/2007 2:48 PM 25275�5321 ATWELL CONSTRUCTI 05:10:36p.m. 04-10-2007 2 /9 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: Atwell Construction Company, Inc. Atwell Construction Mine Pitt County - Permit No. 74-81 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: February 2$ 2017 2527585321 A] WELL GONSTRUCTI 05 10:58 p,in, 04-19-2007 319 ge2 in accordi rm's 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 flan 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 operator; 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 germittee 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 February 28, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 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. 2527585321 ATWELL CONSTRUCTI 05:11:44 p.in_ 04-19-2007 71 y - lag.e 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 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 areas around the mine excavations shall be diverted internal to said excavations. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the Mining Permit Application Mine Maps, Sheets 1, 4, 5 and 6 of 6 last revised January 26, 2007 and the supplemental information received by the Land Quality Section on November 16, 2006, January 3, 2007, and January 11, 2007. 5. All affected area boundaries (27.39 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 419 2527585321 ATWELL CONSTRUCTI 05:12:20 p.m. 04-19-2007 519 ',?t'5�",1 age 4 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. 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 100 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. 7449 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S, 74-49 (14) of the N.C. Mining Act of 1971): 1, on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 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. 2527585321 ATWELL CONSTRUCTI 05:13 11 p.rn. 04-19-2007 619 lige 5 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year unfit reclamation is completed and approved. 12, The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $39,800.00 Surety Bond, 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. 252.7585321 ATWELLCONSTRUCTI 110 PROM .. I P N 05:13:40 p.m. 04-19-2007 7 /9 The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation Alan 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. 2527585321 ATWr:LL CONSTRUCTI 05: 14: 19 p.m. 04-19-2007 8/9 ;W MIT Noe 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 I 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. I OA through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revggetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Seeding Schedule on the Reclamation Plan, Sheet 6 of 6 last revised January 26, 2007 or the following: Permanent Seeding Specifications Dates Sgecies Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 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 lbs/acre and anchored appropriately, I 252?585321 ATWELL CONSTRUCTI 05:14:48 p.m. 04-19-2007 019 /3AM }; ge8 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 27 h day of February, 2007. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 252:535321 ATWELL CONSTRUCTI 05:10,14 p.m. 04-19-2007 1 19 ATWELL 0ONSTRUMONOOL.M. Atoll CoWmdl'on Co., Inc. 305 Airport Road, Greenville, NC27834 Phone: (252) 758-5181 E-Mail: jmoos@atwellconstrnction.net Fan: (252) 758-5321 Facsimile To: Bethany Georgoulious @ Fax: (919) 733-9612 From: Jason Moos Estimator Date: April 19, 2007 Pages: 9 Including Cover Comments: Please find attached our approved mining permit per your request. if you have any questions, please contact me. Sincerely, Atwell Construction Co. �JAson Moos Estimator