HomeMy WebLinkAboutNCG020721_COMPLETE FILE - HISTORICAL_20120315STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
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DOC TYPE
Li HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ a�) )a, p 3 � 5
YYYYMMDD
Vinson, Scott
From:
Vinson, Scott
Sent:
Thursday, March 15, 2012 4:46 PM
To:
Rodgers, Ashley
Cc:
Novak, Gary; Samir Dumpor; Jones, Jennifer
Subject:
RE: Robert Jones - Willis Neck Mine O&M
Ashley,
Per our phone conversation, I did receive an updated 0&M plan for the proposed dewatering at the Willis Neck Mine in
Craven Co. from Mr. Ed Warren on February 16, 2012. The plan appears to be adequate and is acceptable. Please
proceed with the mine permit modification. Thanks,
Scott
Before printing this email, please consider your budget and the environment
*E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to
third parties unless the content is exempt by statute or other regulation,
From: Rodgers, Ashley
Sent: Tuesday, March 13, 2012 11:20 AM
To: Vinson, Scott
Subject: Robert Jones - Willis Neck Mine 0&M
Scott,
Mr. Jones says that his revised 0&M plan has been submitted to you for the Willis Neck Mine in Craven County. Do you
have any issues, or can I go ahead and proceed with the modification?
Thanks!
Ashley Rodgers
Assistant State Mining Specialist
NCDENR Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699
(919) 707-9220
(919) 715-8801- fax
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
N•
ED WARREN
ENVIRONMENTAL CONSULTING AND TRAINING
1178 Corey Drive
Williamston, NC 27892
February 12, 2012
RECEIVED
F E B 16 2012
Mr. Scott Vinson, Environmental Engineer
Division of Water Quality-WaRO DWQ-WNARO
943 Washington Square Mall
Washington, NC 27889
SUBJECT: Submittal -Pumping Operation and Monitoring Plan, Willis Neck Mine, Permit No.
NCG020000, CoC No. NCG020721 Craven County
Dear Mr, Vinson:
On behalf of Robert ,cones, I am submitting the subject plan and map indicating the wetland areas as
requested by the Division of Water Quality. I appreciate your assistance with the development of the plan
and trust that you will find everything satisfactory.
Please contact me if you have questions or require additional information. Thanks again.
Sincerely,
WLJO,4-��
Ed Warren
Cc: Robert ,tones
File
Enclosures
edwarren@suddenlink.net
(252) 809-2079
li
x
i e T
RECEIVED
F E B 16 2012
DWQ-WARO
PUMPING OPERATION AND
MONITORING PLAN
WILLIS NECK MINE
VANCEBORO, NC
FEBRUARY 12, 2012
Prepared By
Ed Warren -Environmental Consulting and Training
1178 Corey Drive
Williamston, NC 27892
(252) 809-2079
GENERAL INFORMATION
NAME:
Willis Neck Mine
OWNER:
Robert Jones
CONTACT:
Robert Jones
LOCATION:
1185 Winn Circle, Vanceboro, Craven County, NC 28586
PHONE:
(252) 244-2805
RECEIVED
FEB 16 2012
DWQ-WARD
PERMITS: NC Division of Land Resources Mining Permit No. 25-75
NC Division of Water Resources Permit No. CU3167
NC Division of Water Quality Permit No. NCG020000 (CoC-NCG020721)
PROPERTY DATA
TOTAL PROPERTY AREA: 82.347 Acres
TOTAL AFFECTED AREA: 48.07 Acres
TOTAL UNDISTURBED AREA: 3.57 Acres
TOTAL PERMITTED AREA: 51.64 Acres
TECHNICAL DATA
MAXIMUM PUMP CAPACITY: 2000 GPM, (2.88 MGD)
DESIGN FLOW:
AVERAGE FLOW (Actual):
MAXIMUM FLOW (Actual):
MINIMUM FLOW (Actual):
1600 GPM, (2.304 MGD)
1556 GPM, (2.240 MGD)
2.480 MGD
2.013 MGD
SEDIMENTATION POND VOLUME: 34,557,600 gallons (600'L x 220'W x 35'H)
PERMANENT POOL VOLUME*: 27,152,400 gallons (600'L x 220'W x 27.5'H)
WORKING VOLUME*: 7,405,200 gallons (600'L x 220'W x 7.5'H)
*Based on data from `Willis Neck Sand Mine Description' submitted to DWQ 8/9/08 by W.F.
Bulow referencing inspection by Ray S. Taylor, P.E., on 7/10/07.
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SITE DESCRIPTION
The total size of the property the mine is located on is 82.347 acres. The total permitted acreage
of the mine is 51.64 acres of which 48.07 acres is affected area and 3.57 acres is undisturbed
buffer area. The 48.07 acres of affected area includes 2.93 acres of unexcavated buffers.
Excavated areas will total approximately 40.82 acres, including the 3.03 acre sedimentation
pond, when mining is completed.
Bear Branch, classified C-Sw (NSW), in the Neuse River Basin wraps around and serves as the
property line on the north and west boundaries of the property. Bear Branch flows generally from
East to West. A drainage ditch runs along and serves as the southern property boundary and
drains toward its confluence with Bear Branch at the southwestern corner of the property.
The permit boundaries are offset a minimum of 85 feet up to approximately 600 feet from Bear
Branch and a minimum of 50 feet up to 125 feet from the drainage ditch. These offsets were
established to exclude wetlands and waterways from the permitted area and provide a natural
buffer between the permit boundary and any wetlands and waterways in the area. The area within
the offsets consists of thick undergrowth and standing timber. In addition to these offsets, the
permitted area includes a minimum 25 feet undisturbed buffer and 20 feet unexcavated buffer
inside the permit boundary as additional protection for the wetlands and waterways. All
disturbed areas within the permit boundary have been graded such that rainfall falling on the
disturbed areas within the permit boundary drains internally to the mine.
MINING DESCRIPTION
Robert Jones, Owner and Permittee, has been engaged in sand and gravel mining operations at
the Willis Neck Mine site in Craven County since the original mining permit was issued in 2006.
Permittee has recently applied for a modification to the mining permit to allow mining to a
maximum depth of 55 feet.
Mr. Jones plans to excavate as he proceeds and mine to an average depth of 47 to 48 feet and
maximum depth of 55 feet within a section of the mine hereby described as the `currently active
pit'. The currently active pit will be dewatered to allow mining to this depth. Preliminary flow
measurements taken from December 14 through 31, 2011, indicate that an average of
approximately 2.24 MGD (1556 gpm) will have to be pumped from the currently active pit to the
34.6 MG Sedimentation Pond, which includes a 27.2 MG permanent pool and a 7.4 MG storage
volume, for detention and settling. The discharge from the sedimentation pond will flow over a
30 feet wide rock darn and onto a spillway of stone rip rap 30 feet wide, 70 feet long and 4 feet
deep located at the north end of the sedimentation pond. The rip rap disperses the flow across its
width and throughout its depth, thereby minimizing the discharge velocity and creating a sheet
flow discharge from the spillway, which continues to disperse latitudinally across the natural
area between the end of the spillway and Bear Branch.
The mined sand will be washed and graded to remove the fines. Water from the washing
process will flow in series through two retention basins approximately 4 feet to 6 feet deep and
30 by 45 feet and 20 by 85 feet, respectively, to settle the fines. Clear supernatant from the
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retention basins will be directed into the Sedimentation Pond for final settling and discharge
along with water generated from the mine dewatering process. No chemicals will be used.
Settled fines are removed from the first retention basin every ten days. Currently, there is no
accumulation of solids in the second retention basin.
PUMPING OPERATION AND MONITORING PLAN
The `currently active pit' will be dewatered by use of a portable diesel pump with a capacity of
2000 gpm (2.88 MGD), which will be adjusted to create an average flow of approximately 1600
gpm (2.304 MGD) spread over a 24 hour period. Monitor -Observe flow meter periodically
throughout the day to ensure the flow rate is 1600 gpm, or less. Record flow meter totalizer
reading daily and calculate and record daily flow.
The intake pipe for the dewatering pump will be placed in a sump excavated in the currently
active pit approximately 2 to 4 feet maximum sleeper than the elevation of and down gradient of
planned mining activities for the day. This will minimize the volume of dewatering needed to
perform the daily mining activities and maintain the groundwater level at an elevation just below
the current excavation level. Monitor -Observe sump area periodically throughout the day to
ensure the water level in the sump is being maintained at an elevation just below the
elevation of mining activities.
The pump discharge pipe will be placed at the sedimentation pond inlet in a manner to minimize
short-circuiting by directing the discharge across the width of the inlet end of the sedimentation
pond. Monitor -Daily, observe influent to sedimentation basin to ensure flow is not short-
circuiting through length of basin.
The discharge from the sedimentation pond is over a rock dam onto the spillway of rip rap to
minimize the discharge velocity and create a sheet flow discharge to Bear Branch. Monitor -
Quarterly, observe dam and spillway to ensure the discharge is not channeling through the
spillway and is sheet flowing through the natural area between the spillway and Bear
Branch.
Water used to wash sand will flow to two fine solids retention basins in series to settle the fine
solids generated during the sand washing process. Monitor -Remove solids from the first
retention basins as needed or every ten days minimum and from the second retention basin
as needed.
Wetlands should be observed periodically to ensure that wetland plant species are healthy and
the mining activities are not adversely affecting wetlands. Monitor -Quarterly, observe the
wetland areas within the vropcM boundaries to assess the general health of wetland plant
species. Record the date and results of the observations in a log or report.
Qualitative and Quantitative Monitoring
Permittee will continue to perform the Qualitative Monitoring of `Stormwater Capture' and
`Discharge Inspection' weekly to confirm compliance with the following criteria:
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`Stormwater Capture' -observe and inspect the permit boundary and unexcavated buffer area to
ensure that stormwater falling on disturbed areas is draining internal to the mine and that no
sediment or other material is eroding from the site.
`Discharge Inspection' -inspect discharge area to ensure that flow is dispersed as intended and
there is no discharge of sediment or other solids or deposits of sediments or solids in the area of
the discharge.
A log including the date, the compliance status with the above criteria and the signature of the
person performing the inspection will be completed and maintained on file in the office at the
mine site. If the facility is not in compliance with the criteria, corrective actions will be
undertaken and noted on the log.
Permittee will continue to perform Quantitative Monitoring of the discharge from the
Sedimentation fond. Grab samples will be collected at the discharge from the Sedimentation
Pond on a quarterly basis and will be analyzed for the parameters as required in Tables 7, 8 and 9
in Permit No. NCG020000, Part II1, Section E. Analytical results for the quarterly sampling
events will be recorded on a Discharge Monitoring Form and kept on file in the Willis Neck
Mine Office. The quarterly results from each calendar year will be compiled in an Annual
Discharge Monitoring Form and submitted to the Division of Water Quality Central Office prior
to March 1 of the following year.
Summer
The permit boundaries for Willis Neck Mine were established a considerable distance from the
property lines to provide a natural buffer between mining activities and any wetlands or
watercourses in the area.
The sedimentation pond is adequately sized to achieve treatment of mine dewatering flows. The
permanent pool of this basin serves as a potential recharge source for groundwater within the
excavated areas of the mine and the wetland in the surrounding area.
The discharge from the sedimentation pond into Bear Branch is located on the upstream end of
Bear Branch in relation to the mining activities. This discharge, along with the natural low flow
of Bear Branch, is then available for recharge of the adjacent wetlands and the groundwater in
the area. The dispersion of discharge flow across and below the spillway and the resulting sheet
flow discharge to Bear Branch also enhances the opportunities for recharge of the wetlands
adjacent to the stream.
These design considerations in conjunction with the necessity of dewatering the currently active
pit on a daily basis to perform mining activities indicates that the natural interchange of
groundwater and surface water in the area is sufficient to maintain the wetlands during present
and future mining activities.
The activities listed in the `Pumping Operation and Monitoring Plan' will ensure that mining and
dewatering activities are performed in a manner to protect the wetlands and are adequately
documented.
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R J BUSHHOGGING, INC a `r G. �` � QS
1185 WINN CIRCLE, VANCEBORO, NC 28586
PHONE 252-244-2805 FAX 252-244-1186
4_w�' 02 3 li
August 1, 2011
Mr. James D. Simons, PG, PE, Director
Division of Land Resources
1612 Mail Service Center
Raleigh NC 27699-1612
RE(G_ VF.
AUG S 2011
SUBJECT: Notice of Violation (NOV) Dated July 18, 2011 and Submittal of Permit
Modification Application, Willis Neck Mi rmit No_ 25-75 Craven County
Dear Mr. Simons:
RJ Bushhogging, Inc. has completed the following actions in response to the subject NOV:
• This letter serves as a request to modify the current permit to mine to a maximum depth of 70
feet. The applicable pages and required copies of the Mine Permit Application and Map are being
submitted to Mrs. Janet Boyer, State Mining Specialist, under separate cover along with a copy of
this letter. All other pages of the previous application are unchanged.
• The Property Boundary, Permit Boundary and Undisturbed Buffer Boundary (line separating the
undisturbed buffer and unexcavated buffer) have been flagged in the following manner in order to
clarify the location of the boundaries -Property Boundary with orange flagging, Permit Boundary
with green flagging and Undisturbed Buffer Boundary with combination of orange and green
flagging. Since there has not been any disturbance in the undisturbed buffer, there is no
restoration plan or request to modify the buffer boundaries needed.
• A response to the Division of Water Resources (DWR) NOV dated June 24, 2011, was sent to
Mr. Nathaniel C. Wilson, Chief, Groundwater Management Section on July 15, 2011. The
response indicated that RJ Bushhogging, Inc. is repairing and replacing wells and pumps in the
area that are not functioning properly with an estimated completion date of August 1, 2011,
summarized the Company's efforts to purchase a flow meter and included a request for a 90 day
extension to purchase the water meter and have verifiable monuments set up. However, the
verifiable monuments have been placed and initial readings indicate that currently, the deepest
excavations are approximately 47 feet and the sump pump intake is approximately 55 feet below
natural ground levels. RJ Bushhogging, Inc. has also submitted an application to DWR requesting
modification of its current Permit No. CU3167 to allow its pump intake level to be 70 feet below
natural ground level. We are continuing to work with DWR to resolve these issues.
As President of RJ Bushhogging, Inc., I appreciate your consideration of the a ve actions in response to
your NOV as being in the timely manner requested and ask that no civil penalties be assessed for the
violations. Please contact me if you or your staff has questions or reqijireaaildi tonal information.
Si cerely, C�
Robert Jones, President
ECEIVE.D
p� a
N� F°��
Cc: Janet Boyer w/ Modification Documents ���,� AUG 0 3 2911
Ed Warren v�yaS'
File
wNb OUALITY SECTION
CD WARREN
ENVIRONMENTAL -CONSULTING AND TRAINING
1278 Corey Drive
Williamston, NC 27892
August I, 2011
Mrs. Janet Boyer, PE, State Mining Specialsist
Division of Land Resources
1612 Mail Service Center
Raleigh, NC 27699-1612
SUBJECT: Submittal of Modification Application and Related Documents, Willis Neck Mine,
Permit No. 25-75, Craven County
Dear Mrs. Boyer:
On behalf of Robert Jones, I am submitting the applicable pages of the Mine Permit Application and Map
to request a modification of the subject permit to a maximum depth of 70 feet. All other pages of the
previous application are unchanged. The modification processing fee and required copies are also
enclosed.
Please note that the only change to the enclosed Part C. Protection of Natural Resources is a change from
30 to 70 (italics and underlined) feet in line number 8 of the narrative for Part C.(l ).
PIease contact me or Mr. Jones if you have questions or require additional information.
r�,l�
Ed Warren
Cc: Robert Jones
File
edwarren@suddenlink.net
(252) 809-2079
RECEIVED
AUG 0 3 2911
SEG'ION
�r
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
Name of Mine Willis Neck Mine County Craven
River Basin Neuse
Latitude (decimal degrees to four places) 35.2549 N
Longitude (decimal degrees to four places) 77.1176 W
2. Name of Applicant* Robert Jones
3. Permanent address for receipt of official mail** 1185 Winn Circle, Vanceboro, NC 28586
Telephone (252) 244-2805 Alternate No. (252) 514-7556
4. Mine Office Address Same
Telephone
5. Mine Manager Robert Jones
We hereby certify that all details contained in this Permit Application are true and correct
to the best of our knowledge. We fully understand that any willful misrepresentation of
facts will be cause for permit revocation.
***Signature 2Date—
Print
Print Name Robert Jones
Title Mine Owner/Operator
* This will be the name that the mining permit will be issued to and the name that must be
indicated on the reclamation bond securit that corresponds to this site.
** The Land Quality Section must be notified of any changes in the permanent address or
telephone number.
* * * Signature of company officer re aired.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60
days of receipt of a complete application or, if a public hearing is held, within 30 days following
the hearing and the filing of any supplemental information required by the Department. All
questions must be addressed and all required maps provided beforethis application can be
considered complete. Attach additional sheets as needed.
RECEIVED—
Aw a a alt
O
C. PROTECTION OF NATURAL RESOURCES
I Describe in detail the sequence of events for the development and operation of the mine and reference
the sequence to the mine map(s). Attach additional sheets as needed.
The currently permitted area was cutover timber.' Mining began inside the buffers along the northwest
boundary and is proceeding toward the south and east boundaries of the current permit. The areas to be
added are currently cultivated land. After the modification request is approved, earthen berms will be
constructed in the unexcavated buffers adjacent to the Harper property and along NCSR 1436.
Mining in the `2010 Mod -A' will begin on the west side of the added area and proceed toward the east.
l�g-tn The `2010 Mod-B' area will
sew be used for stockpiles and an overburden waste pile, Sand and gravel will be mined primarily by
a hydraulic excavator to an average depth of approximately 70 feet. Gravel will be mined and crushed
within the pit currently under excavation in the northwest quadrant of the mine and will proceed as
indicated above with the crushing process relocated to the pit currently under excavation. A `Safety
Barier' Berm, as required by the US Mine Safety and Health Administration, will be constructed on
the perimeter of gravel excavations and relocated as gravel mining progresses. Excavations will be
sloped a minimum of 3 horizontal to 1 vertical, or flatter. Sand will be placed on level ground to dewater
and then loaded into trucks as needed. All mined product dewatering and rain water within the mine and
unexcavated buffers will drain back into the mine. The entire site includes a 20 feet (minimum)
unexcavated buffer. The site also includes a 25. feet (minimum) undisturbed buffer inside the permit
boundary except for the areas bordering the
boundary along NCSR 1436 south of the mine access, which has a 30 feet unexcavated buffers.
that will Bent ' . Areas being mined will
be dewatered by use of a portable diesel pump discharging to the existing 3.03 acre sediment pond where
the solids will be allowed to settle prior to discharging from the north end of the sediment pond as sheet
flow over rip rap. All mined areas will be sloped and seeded as mining proceeds.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and
during mining to prevent offsite sedimentation (include .specific plans for sediment and erosion
control for mine excavation(ti), waste piles, access/mine roads and process areas), and give a detailed
sequence of installation and schedule for maintenance of the measures. Locate and label all sediment
and erasion control measures on the mine maps) and provide typical cross-sections/construclion
details of each measure. Engineering designs and calculations are required to justify the adequacy of
any proposed measures.
Clearing and grading within the unexcavated buffer will be sloped such that all rainwater will drain into the
mine. A minimum 25 feet undisturbed buffer consisting of trees and thick vegetation exists inside the
permit boundary (with exceptions noted above). Areas outside of the permit boundary of the `2010 Mod -A'
modification and along the north, west and south sides of the mine consist of a minimum of 50 linear feet
up to over 500 linear feet of natural area consisting of trees and thick vegetation between the mine permit
boundary and the property boundary. Mine dewatering is pumped into an existing 3.03 acre sediment basin
that is adequately functioning to remove sediment.
3. a. Will the: operation involve washing the material mined, recycling process water, or other waste water
handling?Yes ® No[].If yes, briefly describe all such processes including any chemicals to be used.
The mined sand will be washed and graded to remove the fines. Water from the washing process will flow
in series through two retention basins approximately 4 feet to 6 feet deep and 30 by 45 feet and 20 by 85
feet, respectively. Clear supernatant from the retention basins will be directed into the 3.03 acres Sediment
Pond for final settling and discharge from the Sediment Pond along with water generated from the mine
dewatering process. No chemicals will be used.
b. Will the operation involve discharging fresh or waste water from the mine or plant as a point
discharge to the waters of the State? Yes ® No ❑. If yes, briefly describe the nature of the
discharge and locate all proposed discharge points (along with their method of stabilization) on your
mine map(ss).
Water from the mine dewatering activities will be pumped to the 3.03 acres Sediment Pond where it will
be combined with small amounts of settled water from sand washing for final settling and intermittent
discharge as needed to remove collected water from areas under excavation. The overflow from the
sediment pond is dispersed by 4-8 inch diameter gravel riprap in an area approximately 30 feet wide by 20
feet long to prevent erosion in the overflow discharge and adjacent areas.
G. LAND ENTRY AGREEMENT
We hereby grant to the' Department or its appointed representatives the right of entry and
travel upon our lands or operation during regular .business hours for the purpose of making
necessary field inspections or investigations as may be reasonably required in the administration
of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make
whatever entries on the land as may be reasonably necessary and to take whatever actions as may
be reasonably necessary in order to carry out reclamation which the operator has failed to
complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59.
LANDOWNER:
t
Signature:
Print Name: Bill Cleve
(Title, if applicable)
Company (Not applicable)
(If applicable)
Address: PO Box 215
Vanceboro NC 28586
Telephone: (252)244-0867
Date Signed: 7 - :Z.G l
APPLICANT:
Signature:*
Print Name: Robert Jones
Title: Mine_Owner/Operator____
Company. (Not applicable)_
Mine Name. Willis Neck Mine
Telephone: 252 244-2805
Date Signed: 7 _�)_ AU/ //
*Signature must be the same as the individual who signed Page 1 of this application.
One original
maps, mine maps and reclamation maps, and the_appropriate processing le c (see next page
for fee schedule) in the form a check or money order payable to the North Carolina
Department of Environment and Natural Resources must be sent to the Land Quality
Section Central Office at the address listed on the front cover of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining
Program staff at (919)733-4574.
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
September 28, 2007
Mr. Robert Jones
Robert Jones Mine
175 High School Road
Vanceboro, NC 28586
Subject: General Permit No. NCG020000
Willis Neck. Site
COC No. NCG020721
Craven County
Dear Mr. Jones:
In accordance with your application for a discharge permit received on August 23, 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 December 6, 1983,
Please note that since your mining site is adjacent to wetlands that have the potential to
be drained by your mining activities the special bulleted conditions of the first part of Section C:
1 in Part III on Page 6 of 9 apply to your site. Prior to beginning any mining activities on.the site
an Operation and Monitoring Plan must be submitted to and approved by Mr. Jeffery Manning
in the Washington Regional Office. The details that must be included in this plan are within the
bulleted conditions in the above -mentioned section.
If any., parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to request an individual permit by submitting an
individual permit application. Unless such demand is made, this certificate of coverage shall be
final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be
required by 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.
Nor�thr, Carolina
Nalrrra!/y
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Intemet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal opportunity/Affirmative Action Employer-50% Recycled110%a Post Consumer Paper
Y . ,
,COC No. NCG02072I
Mr, Robert Jones
Robert Jones Mine — Willis Neck Site
September 28, 2007
If you have any questions concerning this permit, please contact Aisha Lau at telephone
number (919) 733-5083 ext. 578.
Sincerely,
Coleen H. Sullins
cc: LWashington Regional Office
Central Files
.1111ECE�U
OCT 0 4 2007
Stormwater Permitting Unit Files
Mr. William F. Bulow, Environmental Assistance, PO Box 309, Ayden, NC 28513
Attachments
..J
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020721
STORMWATER 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,
Robert Jones
is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and
discharges associated with mine dewatering and process wastewater recycling overflow from a facility located at
Robert Jones Mine -- Willis Neck Site
175 High School Road
Vanceboro
Craven County
to receiving waters designated as Bear Branch, class C Sw NSW water, in the Neuse River Basin in accordance with
the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ili, IV, V, VI and VII
of General Permit No. NCGO20000 as attached.
This certificate of coverage shall become effective September 28, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day September 28, 2007.
W Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Division of Water Quality / Water Quality Section
National Pollutant Discharoe F iiminatitm System
NC®ENR
w�rmC�r�Cn- —D na'tM•1 Xt.'.OunLcs
NCG020000
NOTICE OF INTENT
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 stormwaier 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 specifically excluded from coverage under this General Permit:
Peat mining, coal mining, and metal mining
• Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt
operations, and,oil and gas extraction operations
` standard Industrial Classification Code
(Please print or type)
1) Mailing address of owner/operator:
Name ("'p6Qf'-1
Street Address / 75 ' �
City Ua � c-e 5 o r c State N G ZIP Code
Telephone No. 2 sue�$ i ,q — �_�,�6_ Fax:
Address to which all permit correspondence will he maned
2) Location of facility producing discharge: f}
Facility fume /1 ,l,.�il t ,,., _ec M ; n i — ► lJ ! ��,-S rVG �,
Facility Contact
Street Address
City
County
Telephone No.
bDr
n c< r-6 State rVL ZIP Code e
eArC 4
—S`(- Fax:
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 roadwa% intersection). NI;.� ,�—ulr.l 1� o P �i R !u _G ( W, 1,
L r !c� ra1 .^ ,.r1 �v ! 1 !'`4�esf �, 7 n 4 P,s-cc�:� sf S'h ILi 3 _S:K L137
(A copy of a county map or
USGS quad sheet with ladlity clearly located on the map is required to be submitled with this application) (',/f 1, S A)c4� Kd)
Page 1 of 4
S WU-217-1 o1701
d
NCG020000 N.O.I.
4) This NPDES Permit Application applies to which of the following :
❑ New or Proposed Facility Date operation is to begin N/NCJ+/ Pa M % % J SS 4 d 0
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: / L4 <{ 2
6) Provide a brief narrative description of the types of minerals mined at this facility: 'J
7) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Stormwater: Mine dewatering: Process Wastewater Overflow:
Please provide short narrative description of discharges:
SA,e C)-�i CLC
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? 13 e 13 ^.2 , c 1,
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
9) Does this facility have any other NPDES permits?
® 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:
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?
R No ❑ Yes
14) Are mine dewatering discharges occurring?
IN No ❑ Yes
Page 2 of 4
SWU-217-101701
NCG020000 N.O.I.
15) Are discharges of overflows from process wastewater. treatment systems occurring?
® No
❑ Yes
If yes, answer the following questions on the wastewater treatment system:
a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design
specifics (i.e. design volume, retention time, surface area, etc.). - Existing treatment facilities should be
described in detail and design criteria or operational data should be provided (including calculations) to
ensure that the facility can comply with requirements of the General Permit [Use separate sheet(s)l
Mote: - 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 o1 process
wastewater, include three 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 ❑ Yes
16) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
M No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
[9 No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
[P No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport I disposal vendor:_
Vendor address:
17) Certification:
North Carolina General Statute 143-215.6 b (1) provides that:
Any person who knowingly makes any false statement, rapres*entabon, or certification in any application, record, report,
plan or other document filed or required to be maintained under Article 21 or regulalions of the Environmental
Management Commssion 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
S W U-217- f 01701
NCG020000 N.Q.I.
or
not to exceed $10,000, or by imprisonment not to exceed six months, or by both. �18 U,S.C. Section 1001 provides a
punishment by a line 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. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules
governing solid waste disposal.
5. .I 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 Naml ofjP sqn Sjgning:1�}Title:
r`
(Signature of
—YT eZ
(Dare Signed)
Notice of Intent must be accompanied by a check or money order for $80.00 made payable to:
NCDENR
Final Checklist
This pptication will be returned as incomplete unless All of the following items have been included:
Check for $80 made payable to NCDENR
This completed application and all supporting documents
Copy of the valid approved mining permit for the facility
pj 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-217-1ono1
W AT S-
0
September 28, 2007
Mr. Robert Jones
Robert Joncs-Mine
175 High School Road
Vanceboro, NC 28586
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen li. Sullins. Director
Division of Water Quality
Subject: General Permit No. NCG020000
Willis Neck Site
COC No. NCG020721
Craven County
Dear Mr. Jones:
In accordance with your application for a discharge permit received on August 23, 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 December 6, 1983.
Please note that since your mining site is adjacent to wetlands that have the potential to
be drained by your mining activities the special bulleted conditions of the first part of Section C:
1 in Part III on Page 6 of 9 apply to your site. Prior to beginning any mining activities on.the site
an Operation and Monitoring Plan must be submitted to and approved by Mr. Jeffery Manning
in the Washington Regional Office. The details that must be included in this plan are within the
bulleted conditions in the above -mentioned section.
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to request an individual permit by submitting an
individual permit application. Unless such demand is made, this certificate of coverage shall be
final and binding.
Please take notice that this certificate of coverage is not transferable except after notice to
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage.
This permit does not affect the legal requirements to obtain other permits which may be
required by 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.
Npl hCarolina
Aatrrrall!f
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer — 50% Recydedl10°% Post Consumer Paper
COC No. NCG020721
Mr. Robert Jones
' Robert Jones Mine — Willis Neck Site
September 28, 2007
If you have any questions concerning this permit, please contact Aisha Lau at telephone
number (919) 733-5083 ext. 578.
Sincerely,
/�/ /2�
�r Coleen H. Sullins
cc: Washington Regional Office
Central Files
Stormwater Permitting Unit Files
Mr. William F. Bulow, Environmental Assistance, PO Box 309, Ayden, NC 28513
Attachments
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020721
STORMWATER 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,
Robert Jones
is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and
discharges associated with mine dewatering and process wastewater recycling overflow from a facility located at
Robert Jones Mine — Willis Neck Site
175 High School Road
Vanceboro
Craven County
to receiving waters designated as Bear Branch, class C Sw NSW water, in the Neuse River Basin in accordance with
the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, I11, IV, V, VI and VII
of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective September 28, 2007.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day September 28, 2007.
X 4k4��
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
F.C:Rc„trt Jones
Subject, Rf;:Roben Jones
Front: Jet7Manning <Jtff..A.Manningnnemail net>
Hate: Tue, 25 Sep 2007 10:53:56 -0400
To: aisha.lauancmail,net
Aisha,
I enjoyed talking with you this morning. As for the Robert Jones mine, I visited the site and it looks pretty straight forward. He does not foresee
many discharges, but does recognize the potential for one. Since he will discharge into a wetland 1 told him we would probably require an 06M plan
and he would need to use a diffuser {level spreaaerl :o slow down the water and make it more of a sheet flow than an identifiable point source
discharge to negate erosion problems. He tied planned to use rip rap to control erosion, but I do not thinl. he is allowed to do that in the
wetlands.
1 hope this helps, take care and 1 hope I see you soon.
Frank Zappa, AKA
Jetfery A. Manning
Environmental Specialist
Water Quality Division
252--549-3466 (Ofticel
.5Z-402-6297 (Cell)
252-546-5215(Fax)
jerf.A.Manning@ncmail.net
I ni, 1 9/25/2007 10:55 A
t
i
ROBERT JONES SAND MINE--WILLIS NECK
Permanent Pool Conditions
Slope of sides = 1:1
Depth of Pit at end of cycle =
Depth below ground to water
Use width at base (water level)=
Use Width at top(bottom of pit) _
Us as height to top (depth of pit)=
cross sectional area =
Length of Pit =
Volume of pit =
Storage Conditions
Slope of sides = 1:1
Depth to permanent pool
Elevation at ground level
Use width at base (water level)=
Use Width at top(bottom of pit)
Us as height to top (depth of pit)=
cross sectional area =
Length of Pit
Volume of pit =
35
feet
. 7.5
feet
220
feet
165
feet
27.5
feet
5,294
sq ft
600
ft
3,176,250
cu ft =
23,758,350
gallons
7.5
feet
0
feet
23.5.
feet .
220
feet
6.5'
feet
1,479
. sq ft
600
ft'
887,250
cu' ft =
6,.636,63.0
gallons
Willis Neck Sand Mine Process Description
The Robert Jones sand mining operation at the Willis Neck site is ongoing in compliance
with a mining permit for the property. Mr.'Jones wishes to open a new sand recovery pit
and pump water from that pit into the existing pit as a way to dewater the new pit. The
operation involves using a hydraulic dredge to recover sand. The sand/water mixture is
deposited adjacent to the pit and the water allowed to drain out of the sand. Any water
that does not soak into the ground drains back into the pit. There is no discharge to the
waters of the State.
A sand washing tower is also located adjacent to the pit on the southwest side. The pit
is a source of water to wash the sand. Excess wash water overflows through sloped
drainage back into the pit.
The existing operation was inspected by Ray S. Taylor, PE on July 10, 2007. The
existing pit is rectangular and has the approximate surface dimensions of 220 feet by
600 feet. An earthen berm rises approximately 3.5 feet above ground level on the
north end of the pit. This makes the "top of pit" elevation roughly level. The water
level in the pit at the center point on of the north/south side was approximately 7.5
feet below the top of the pit. The pit is approximately 25 feet deep at present, and
may be deepened another 10 feet before operations are transferred to the new pit area.
At -present, there are no point source discharges from the mining operation. , Any
discharge which might occur would be via sheet flow through the expansive vegetated
buffers. No discharge of water from the site was occurring at the time of the inspection
and no evidence of prior discharges was noted. Any discharge from the operation would
be through a vegetated buffer that ranges from approximately 100 feet to over 200
feet in width between the mining operation and the forested wetlands adjacent to Bear
Branch. Bear Branch loops around the north and west sides of the property. The
existing vegetation consists of natural growth of trees, brush, and thick vines that are
difficult for a man to push through. The soil in this area is a deep sand, which would be
suitable for mining had not Mr. Jones set it aside as a buffer.
The new sand recovery pit will be located west of the existing pit. Mr. Jones plans to
pump sand from the new pit and to operate as has been the method to date. An
undisturbed area approximately 30 feet wide will be left between the new pit and the
existing pit. Any pit dewatering water from the new pit will be pumped into the existing
pit. The existing pit will then receive stormwater runoff from the eastern portion of the
mining site, excess wash water from the sand washing operation, and pit dewatering
flow from the new pit as needed.
It is possible that there could be an overflow from the existing pit when the new area is
opened for mining, therefore Mr. Jones is requesting a Certificate of Coverage under
NPDES General Permit NCG020000, which covers stormwater, process water, and pit
dewatering water from sand mines. The overflow, should it occur, will be through an
area approximately 30 feet wide and lined with rip rap into the undisturbed buffer area
north of the existing pit. The rip rap is intended to prevent the development of an
erosion channel and a point source discharge to the wetlands in the event of an
overflow. The discharge will be from the rip rap area by sheet flow through the buffer
for more than 50 feet prior to reaching the wetlands as required by the mining permit.
In the event of an overflow from the existing pit, Mr. Jones would cease pumping pit
dewatering water from the new pit, limiting the overflow volume and duration.
Coverage under the General Permit requires that the potential impact on the adjacent
wetlands and groundwater be analyzed.
Any impact on groundwater should be minimal. Water pumped from the mine pit at
present either soaks into the ground on the site, recharging the groundwater aquifer, or
runs back into the pit, again recharging the groundwater aquifer. Under the proposed
operating scenario after coverage by the general permit, the same conditions will still
apply. Because Mr. Jones will stop pumping from the new pit into the existing pit in the
event of an overflow, there will be almost no net discharge of groundwater from the
site, other than that taking place naturally through the soil as recharge to the stream.
No groundwater withdrawal permit is required because the discharge, if it occurs, will be
less than 100,000 gallons per day.
Wetlands impacts are expected to be negligible. Because of the extensive buffer
between the mining operation and the wetlands, any surface discharge will be well
treated and filtered and will reach the wetlands as sheet flow. Because no discernable
change is anticipated in the volume of groundwater discharging to Bear Branch as
recharge, the hydraulics of the wetlands should not change.
Vinson, Scott
From: Vinson, Scott
Sent: Thursday, November 10, 2011 2:58 PM
To: 'edwarren@suddenlink.net'
Subject: RE: RJ Bushhogging Willis Neck Mine (Robert Jones) Craven County
Ed,
No problem with the December 8, 2011 extension. Thanks for the update and hope you have a
good holiday weekend.
Take care,
Scott
Before printing this email, please consider your budget and the environment.
*E-mail correspondence to and from this address is subject to the North Carolina Public
Records Law and may be disclosed to third parties unless the content is exempt by statute or
other regulation.
-----Original Message -----
From: edwarre_nOsuddenlink.net Lmailto:_edwa_rrenOsuddenlink.net]
Sent: Monday, November 07, 2011 11:34 PM
To: Vinson, Scott
Subject: RJ Bushhogging Willis Neck Mine (Robert Jones) Craven County
Scott
Mr. Jones previously requested an extension to about now to submit his O&M/Pumping Plan. The
request was primarily intended to allow time for him to install a flow meter and develop
meaningful data pertinent to the 0&M Plan. However, Mr. Jones 'dunked' his first meter
ruining the electronics. He got a replacement, but it was not acceptable to DWR. He has
ordered a meter that will be acceptable to DWR and requested an extension on installation to
December 1. I can do the 0&M Plan with estimated flows and volumes now, but I believe it will
be more meaningful to Mr. Jones and DWQ if he can develop some real data to base the Plan on.
Hopefully, he will have the meter well before December land I can complete the Plan after the
initial flow/volume data is obtained. We are therefore requesting another extension to
December 8 for submitting the Plan. Thanks for your assistance and consideration of this
request.
Sincerely,
Ed Warren
1
ED WARREN
ENVIRONMENTAL CONSULTING AND TRAINING
1178 Corey Drive
Williamston, NC 27892
September 29, 2011
Mr, Scott Vinson
Division of Water Quality
RECEIVED
OCT -32011
943 Washington Square Mali D` A vV fQ�` A' A nVAR O
Washington, NC 27889
SUBJECT: Willis Neck Mine Modification Application Review -Additional Information Request
Permit No. NCG020721, Craven Count) -
Dear Mr. Vinson:
This response is in reference to your letter dated September 8, 2011 requesting a revised Pumping
Operation and Monitoring Plan for the subject Mine General Permit.
As discussed on the phone previously-, Mr. Jones is currently submitting a request to the Land Quality
Section to modify the depth of mining from 70 feet to 55 feet. It is anticipated that this request will be
submitted by October 3, 2011.
Mr. Jones has requested that I prepare the requested Plan for him. Since Mr. Jones is currently in the
process of submitting the final mine modification request, we are requesting a time extension on
submitting the Plan until November 8, 2011. You may send your response via email to my address below
if you prefer.
Thank you for your consideration of this request and please contact me or Mr. Jones if you have questions
or require additional information.
Sincerely-,
W oa'-'�
Ed Warren
Cc: Robert .cones
File
edwarren@suddenlink.net
(252)809-2079
r, Rn
-�W��A
NCDENR
North Carolina Department of Environment and
Beverly Eaves Perdue
Governor
Mr. Robert Jones, President
RJ Bushhogging, Inc.
1185 Winn Circle
Vanceboro, NC 28586
Dear Mr. Jones:
Division of Water Quality
Coleen H. Sullins
Director
September 8, 2011
w6Rd
Natural Resources
Dee Freeman
Secretary
Subject: Mine Application Review- Additional Information Request
Willis Neck Mine, Permit No. NCG020721
Craven County
This office received a copy of your Mining permit #25-75 application from the Division of Land
Resources for the proposed modification to increase the excavation depth from 35' to 70' of the Willis
Neck Mine in Craven County, North Carolina. Increasing the depth of this mine would also increase the
amount of water which would need to be pumped 1 discharged and could potentially impact the neighboring
wetlands and streams. Please submit to this Office at the address listed at the bottom of the page a revised
Pumping Operation and Monitoring (O&M) Plan, as required under Part III, Seciton E., no.] of General
Permit NCG020000. The revised O&M Plan should include how this dewatering will occur and not
degrade any neighboring wetlands and surface waters. It should also include the pump sizes, flow rates and
frequency of proposed pumping events.
Please submit the requested information by October 8, 2011, If you have any questions or
comments concerning this matter please call me at {252) 948-3848.
Sincerely,
-^
�'
4
Scott Vinson
Environmental Engineer
Surface Water Protection Section
cc: Mr. Ed Warren, Environmental Consulting and Training
DLR — Judy Wehner, Central Office e&mo )1)
DLR — Gary Novak, WaRO(&mai))
DWQ — Jennifer Jones, Central Office(emQil)
L./,bWQ, Washington Regional Office
North Carolina Division of Water Quality Internet www.ncwaterguality.org
943 Washington Square Mali Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper
NorthCarolina
Naturulk
Aj,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE
Director and State Geologist July 18, 2011
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7008 1300 0000 1125 5777
NOTICE OF VIOLATIONS OF MINING PERMIT
Mr. Robert E. Jones
1185 Winn Circle
Vanceboro, North Carolina 28586
RE: Willis Neck Mine
Permit No. 25-75
Craven County
Neuse River Basin
Dear Mr. Jones:
permit.
19 9CE, W IE11
AUG 3 2011
W� WARD
Beverly Eaves Perdue, Govemor
Dee Freeman, Secretary
�@iwo .--- d
20„
This is to inform you and/or your company of violations of the above referenced mining
On June 21, 2011, personnel of this office inspected your mine, a copy of inspection
report is attached, and determined that one or more of the conditions contained in your mining
permit are being violated. The conditions being violated are as follows:
1) Operating Condition IA: Any wastewater processing or mine dewatering shall be
in accordance with the permitting requirements and rules promulgated by the
N.C. Environmental Management Commission.
A Notice of Violation was issued by the Division of Water Resources on June 24,
2011 for the withdrawal of water to a depth greater than 35 feet below the land
surface.
2) Operating Condition 9B: Buffers shall be maintained as shown on the map
received by Land Quality Section on February 4, 2011.
The mine operator had cleared, grubbed, and constructed a berm within the
undisturbed buffer along the southern permit boundary. The berm is located
along the permit boundary on the southern side of the area labeled as °2010 Mod
A" on the mine map received by the Land Quality Section on 2/4/11.
Geological Survey • Land Quality • Geodetic Survey
Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612
512 North Salisbury Street, Raleigh, North Carolina 27604
Telephone 919-733-3833 I FAX: 919-715-8801 • Internet: http:/Iwww.dlr.enr.stale.oc.us/index,html
An Equal Opportunity / Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
CERTIFIED MAIL
Mr. Robert Jones
July 18, 2011
Page 2
3) Operating Condition 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 and any approved revisions to it. Approval to
implement such changes must be obtained from the Department priorto on -site
implementation of the revisions.
The inspection revealed that a berm has been constructed within the undisturbed
buffer and that the mine has been excavated to a depth greater than 35 feet
without prior approval. The berm is located along the permit boundary on the
southern side of the area labeled as "2010 Mod A" on the mine map received by
k. the Land Quality Section on 2/4/11, The current mining permit only allows mining
to a maximum depth 'of 35 feet."
In order to bring this site into compliance, the following corrective actions must be taken:
1) Immediately Cease all mining activities that you are not currently approved
to perform.
2) WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE OF VIOLATIONS submit an
approvable mine permit modification request, including processing fee: that
includes all mining activities that are not currently approved. The permit
modification shall include (but is not limited to):
a request to mine to a depth greater than 35 feet, accompanied by a
hydrogeological study to demonstrate the feasibility of dewatering to the
proposed depth without adverse impacts on groundwater levels
a restoration plan, including a time schedule to complete the restoration,
for the area of disturbance within the undisturbed buffer along the
southern permit boundary or a request to change the undisturbed buffer
to a unexcavated buffer in this area, and
• a plan to comply with the Division of Water Resources' Notice of Violation
issued on June 24, 2011.
Note: Upon completion of the buffer restoration or change to an unexcavated
buffer the revised or current permit boundary shall be clearly marked in 100 foot
intervals unless line -of -sight allows for greater spacing.
CERTIFIED MAIL
Mr. Robert Jones
July 18, 2011
Page 3
If the above violations are not corrected within the time specified following your receipt of
this Notice, appropriate enforcement action may be taken and a civil penalty may be assessed
against your company. If a civil penalty is assessed, the amount may be up to five hundred
dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice
of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction,
criminal penalty, revoking your permit or bond forfeiture procedures.
The responsibility for understanding and complying with the conditions of your mining
permit rests with you. The responsibility also rests with you for notifying this office of your plans
to correct the violations.
Please do not hesitate to contact Mr. Patrick H. McClain, PE, Regional Engineer, at the
Washington Regional Office at (252) 946-6481 or Ms. Janet Boyer, PE, State Mining Specialist,
at (919) 733-4574 regarding any questions you might have about this matter.
Very truly yours,
0
James D. Simons, PG, PE
JDSIar
Attachment: Mine Inspection Report
cc: Ms. Janet Boyer, PE State Mining Specialist
Ms. Gabrielle Cooper, DWR
Mr. Bradley Bennett — DWQ
m )h 4c
l��Ro
DL
-A.-
North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Willis Neck Mine 2. MINING PERMIT 0 25-75
3. 0131s,RATOR Mr. Robert Jones 4. COUNTY Craven
5. ADDRESS 1185 Winn Circle, Vanceboro, NC 28586
6. PERMIT EXPIRATION DATE 1 1-7-16
7. RIVER BASIN NeuSe
S. Person(s) contacted at site 1 Mr. Robert Jones
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures`? ® Yes ❑ No
It. Date last inspected: 01/14/2011 12. Any mining since last inspection? ®Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No
If no, explain: OCM Mine operator has cle_.ared grubbed and built a berm in an area within the undisturbed
buffer along the southern (as shown on the mine map 2/4/1 1, 2010Mod.A) pen -nit boundary without prior
approval. OC912 The mine operator failed to submit a ermit modification to mine to a greater depth below
the approved depth of 35 feet. The current depth was measured to approximately 65' +/- 3 feet.
14. Is the mine in compliance with the Reclamation'Conditions of the Permit? N Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage?
and severity of the damage:
Yes X No If yes, describe the type
16. Corrective measures needed and/or taken: I -Cease all mining activities that you are not current]y
apj)roved to conduct. 2- Submit an approvable mine permit modification for all minin ag ctivities being
conducted that are not approved to date; included either a plan to restore the undisturbed buffer or change the
undisturbed buffer to unexcavated.
Other recommendations and comments: The southern permit boundary west of the public road is current]
marked, however the dense groundcover makes it difficult to see a line of site from the road. (measurements
were taken aloe the he road from a known ditch to the cleared area). The permit boundary should be clearly
marked per the approved permit. MeasLlred the depth of the mine excavation to a depth of approximately
65'+/-3'. Measured depth to water at 25' from the natural round level within the southern permit boundary.
Pump was operating in the northeastern corner of the excavation.
18. Is the Annual Reclamation Report+/- [nap accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
-19. Follow-up inspection needed? ® Yes ❑ No Proposed date 08/21/11
20. No. of additional pages of Inspection Report 0 . 2.1. Copy of Report sent to operator
INSPECTED BY: Gary Novak. Allison Ward - DATE 06/21/201 1
Telephone No: (252)946-6481
Copy to file Copy to operator Copy to Mining Specialist
North Carolina
Beverly Eaves Perdue
Governor
Robert Jones
Robert Jones Mine -Willis Neck Site
175 High School Road
Vanceboro, NC 28586
Dear Mr. Jones:
x�
j
NCDENR
Department of Environment and
Division of Water Quality
Coleen H. Sullins
Director
July 21, 2009
Natural Resources
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0512
Permit No. NCG020721
R.J. Bushhogging, Inc.
Craven County'
Dee Freeman
Secretary
The Washington regional Office of the Division of Water Quality recently requested an Operations & Maintenence plan be
submitted to the Division for approval. The Washington Regional Office received the Operations and Maintenance plan for
the Willis Neck Site on June 29, 2009, Please be advised that The Washington regional office has evaluated and
approved the O&M plan. This office considers NOV-2009-PC-0512 to be closed and completed.
If you should have any questions, please do not hesitate to contact Jeffery A. Manning at 252-948-3966.
Si cereI ,
Al Hodge, egionallo"upervisor
Surface Water Protection Section
Washington Regional Office
Division of Water Quality
Cc: WQ Central Files
Karen Rust -Eastern NPDES Program
WaRO Enforcement Files
Ed Warren
NOne
onhCarolina
latrarrlly
North Carolina Division of Watcr Quality Washington Regional Office Phone (252) 946-6481 Customer Servicc
Internet: 141414AIMWerllaality.org 943 Washington Square Mall, Washington, HC27899 FAX (252)946-9215 1-977-623-67,18
An Equal opportunitylAffirmative Action Employer - 50% Recycded110%9 Post Consumer Paper
ED WARREN
ENVIRONMENTAL CONSULTING AND TRAINING
1178 Corey Drive
Williamston, NC 27892
JUN 2 (P 2009
June 26, 2009
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
Mr. Al Hodge, Regional Supervisor
Water Quality Section, Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Subject: Response to NOV-2009-PC-0512 (Permit No. NCG020721, RJ Bushhogging,
Craven Co.)
Dear Mr. Hodge:
Mr. Jones has requested that I respond to the subject Notice of Violation on his behalf.
I am therefore submitting copies of documents obtained from Mr. Jones's office files
including the `Operation and Maintenance Plan and Best Management Plan, Prepared for
Robert Jones Mine, Willis Neck Site (July 2008)' and the transmittal letter from William
F. Bulow to Mr. Al Hodge dated August 9, 2008. Mr. Jones believed when he received
copies of these documents that they had been submitted to the Division as required by the
permit. He has no other information that would explain why they were not received by
the Regional Office.
Since Mr. Jones solicited and appropriately compensated a professional engineer to
prepare these documents in approvable form, he is requesting that you accept the
enclosed documents as satisfactorily complying with the permit requirements.
I am also enclosing for your reference a copy of a narrative entitled `Willis Neck Sand
Mine Description,' which was originally submitted with the application for the Certificate
of Coverage as it has calculations that are pertinent to Mr. Jones dewatering operations.
Mr. Jones believes that he acted appropriately and in a timely manner in having the plan
prepared and submitted as required, and therefore should not be assessed a civil penalty
at this time.
If you have questions or need additional information, please contact me. Also, please
copy me on correspondence to Mr. Jones related to this request. Thank you for your
attention to this matter.
Sincerely,
Ed Warren, Consultant
Cc: Robert Jones
edwarren@suddenlink.net
(252) 809-2079
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William F. Bulow
Environmental Assistance
PO Box 309
Ayden, North Carolina 28513
Phone 252-916-7391
August 9, 2009
Mr. Al Hodge
Division of Water Quality Supervisor
945 Washington, NC 27889
Subject: Robert Jones Sand Mine Dewatering Plan
Dear Al,
Enclosed is a plan for dewatering at the Jones Mine at Willis Neck, Craven Co. Stan Taylor put it together after several
site visits. The General water discharge permit has already been issued and this was requested after issuance. The site
has been visited by several DENR people and no issues were noted with the operation.
Please let me know if you need any additional information. Thanks.
Sincerely,
W. F. Bulow
Operation and Maintenance Plan
and
Best Management Practices Plan
Prepared for:
Robert Jones Mine,
Willis Neck Site
July 2008
Compliance with Part H Section A: Requirements to Construct New or Expanding
Treatment Facilities. Should the proposed mine utilize a process recycle wastewater
system, an Authorization to Consftwct will be necessary. The permittee must meet the
requirements for operation of this treatment facility per Part II Section B.
No construction of new or expanded treatment facilities is planned as the sand
mining pit is expanded. This portion of the plan is the efore considered tone in
compliance. ra 1, —, :SF�F-�� (,S-a.--r,J t s a �e wQ 6 c�5' r�f�-�.a
A••d d� f�'S GAY n . 711T1,�S is � -YV
, rc.� ' a.- �-o C.� 6� I i ai' o ro ct J lea S.5 to D Z w. b .
�bt0.vCd r•,yL:n o Cr0..hV �G o ,b-C FL4Tfe) "0/; 7 P/C�Ld/c4r�oil.l�reei Ebb
Compliance with Pa III: Monitoring, Controls, and Limitations for Permitted �� a.•� c .t
Discharges. Section A of Part Ill requires the permittee to develop and implement a a, L a
stormwater Best Management Practices (Mes) Plait.. &,t 1 •' w. 1 s , T h 4- rtA t A ¢-,' o' a tr `
Two BMP's are used at the Willis Neck sand mine_ —4P-4 `t ►AA
-.L,.GlroirK. �'nLr�C�S;ny Pu*c.✓j1i1DCgt
First, all stormwater drainage is directed to an existing sand pit. As documented
in the application for the C of C for the site, the existing pit normally operates to
minimize overflows of stormwater to the surface waters. When overflows do
occur, the flow is dispersed into the buffer area, so that turbidity and sediment
are minimal.
The other BMP is the use of broad vegetative buffers around the mining
operation. As documented in the application for the C of C for the site, the buffer
ranges from approximately 100 feet to over 200 feet in width. This, along with
the highly permeable soils on the site, effectively prevents direct discharges of
stormwater to the surface waters and provides adequate protection of water
qualityl�c w►;r.t L.�� l,Ap v�c.�Y.� rr�.ci �a(i11� 'i~D� o wn,c.vs I
I�I'r b r rn°i S -t �prt�
e�� 614-✓1 rdyeol-r
�.4 4-o a' s V► vt i 16sroM ;-b.-e �rr++ { t o a r C °•�rJl� b R 4Sa p.There is no vehicle maintenancme on the site, an ed no other p�rcl um
materials stored in tanks on site, so the need for BMPs' and/or good
housekeeping practices for these activities are not triggered.
Required Operation and Maintenance for the BMP's is simple and is discussed
below.
Compliance with Section C Part III 1. Through 6.: Effluent Limitations and
Monitoring Requirements for Mine Dewatering Wastewater and Process
Wastewater. This section of the permit requires permittees to provide an Operation and
Monitoring Plan.
The wetlands delineation and site plan required for compliance with this section
were submitted with the application for the C of C for the site, and are
incorporated by reference.
As documented in the application for the C of C for the site, any discharge from
the facility will be made up
Wit of stormwater and pit dewatering flow from the new
sand pit. The overflow�houwill be through an area approximately 30
feet wide and lined with rip rap into the undisturbed buffer area north of the
existing pit. The rip -rap is intended to prevent the development of an erosion
channel and a point source discharge to the wetlands in the event of an overflow.
- The discharge will be from the rip rap area by sheet flow through the buffer for
r more than,50.feet prior to reaching the wetlands as required by the mining
permit. The C of C limits the discharge to less than 100,000 gpd in order to avoid -- K
the requirement for a groundwater withdrawal permit. In the event of an overflow
from the existing pit, Mr. Jones will manage the pumping of pit dewatering water
from the new pit, limiting the overflow volume and duration. 1. 44 "n co rD
Because the stormwater from the site will be routed to the existing sand pit, that
pit was evaluated as a stormwater control structure. The pit has the approximate
dimensions of 220 feet by 600 feet and a depth of approximately 35 feet. The
resulting volume is approximately 34.5 million gallons. While the sand pit is not
designed specifically as a wet detention pond, the large volume and the ratio of
the surface area to the surface area of the site indicate more than adequate
settling time for any stormwater that is discharged from it_ Operation and
maintenance of the BMP will be a monthly inspection of the perimeter of the
active (disturbed) area to verify that all rainfall runoff is routed to the pit. A form
to be used for this purpose is attached. Corrective actions, if required, will be
documented as well.
As documented in the application for the C of C for the site, any overflow from
the pit, should it occur, will be through an area approximately 30 feet wide and
lined with rip rap into the undisturbed buffer area north of the existing pit_ The rip
rap is intended to prevent the development of an erosion channel and a point
source discharge to the wetlands in the event of an overflow. The discharge will
be from the rip rap area by sheet flow through the buffer for more than 50 feet
prior to reaching the wetlands. Operation and maintenance of the discharge
point will involve monthly inspections to visually verify that no erosion channel is
forming, that any flow through the buffer to the wetland boundary is dispersed as
intended, and that there is no visible sediment accumulating in the buffer or
reaching the wetland boundary. The attached form has space to document these
observations. Corrective action if issues are observed will be documented as
well.
The permit requires calculation of a radius of influence for mines that operate
dewatering systems, if there are surface waters in close proximity to the mine
that could potentially be impacted. Because of the maximum amount of
dewatering that could occur at the Willis Neck mine, it was determined that there
was no potential to impact the nearest surface waters, so no radius of influence
was calculated. Seasonal variations in water table relative to wetlands have not
been monitored and no water level monitoring wells were installed for the same
reason.
Monitoring required by the permit will be conducted on samples collected
quarterly if there was any discharge during that quarter and will be reported on
the DMR form provided by the Division of Water Quality. Samples will be
collected during the first discharge that occurs each quarter. A DMR will be
submitted indicating "no discharge° if none occurred during the quarter. Visual
monitoring of the discharge and any visual impact on the wetlands or surface
waters will be noted at the time of sample collection.
Willis Neck Mine Inspection Log
Date
Activity
Compliance
Signature
Follow-up
Yes/No
Action
Stomnwater
Capture
Discharge
Inspection
Stormwater
Capture
Discharge
Inspection
Stormwater
Ca ture
Discharge
Inspection
Stormwater
Capture
Discharge
Inspection
Stormwater
Capture
Discharge
-Inspection
Stormwater
Capture
Discharge
Inspection
Stormwater
Control
Discharge
Inspection
Instructions:
Complete the required inspection monthly
Sign and date the form (two lines should be completed on each date)
List any corrective action in the follow-up column
Additional pages may be attached as needed to document corrective action.
Willis Neck Sand Mine Process Description
The Robert .cones sand mining operation at the Willis Neck site is ongoing in compliance
with a mining permit for the property. Mr. Jones wishes to open a new sand recovery pit
and pump water from that pit into the existing pit as a way to dewater the new pit_ The
operation involves using a hydraulic dredge to recover sand. The sand/water mixture is
deposited adjacent to the pit and the water allowed to drain out of the sand. Any water
that does not soak into the ground drains back into the pit. There is no discharge to the
waters of the State,
A sand washing tower is also located adjacent to the pit on the southwest side. The pit
is a source of water to wash the sand Excess wash water overflows through sloped
drainage back into the pit.
The existing operation was inspected by Ray S. Taylor, PE on July 10, 2007. The
existing pit is rectangular and has the approximate surface dimensions of 220 feet by
600 feet. An earthen berm rises approximately 3.5 feet above ground level on the
north end of the pit. This makes the 'top of pit' elevation roughly level. The water
level in the pit at the center point on of the north/south side was approximately 7.5
feet below the top of the pit.The pit is approximately 25 feet deep at present, and
may be deepened another 10 feet before operations are transferred to the new pit area.
At present, there are no point source discharges from the mining operation. Any
discharge which might occur would be via sheet flow through the expansive vegetated
buffers. No discharge of water from the site was occurring at the time of the inspection
and no evidence of prior discharges was noted. Any discharge from the operation would
be through a vegetated buffer that ranges from approximately 100 feet to over 200
feet in width between the mining operation and the forested wetlands adjacent to Bear
Branch. Bear Branch loops around the north and west sides of the property. The
existing vegetation consists of natural growth of trees, brush, and thick vines that are
difficult for a man to push through. The soil in this area is a deep sand, which would be
suitable for mining had not Mr. Jones set it aside as a buffer.
The new sand recovery pit will be located west of the existing pit. Mr. Jones plans to
pump sand from the new pit and to operate as has been the method to date. An
undisturbed area approximately 30 feet wide will be left between the new pit and the
existing pit. Any pit dewatering water from the new pit will be pumped into the existing
pit. The existing pit will then receive stormwater runoff from the eastern portion of the
mining site, excess wash water from the sand washing operation, and pit dewatering
flow from the new pit as needed.
It is possible that there could be an overflow from the existing pit when the new area is
opened for mining, therefore Mr. Jones is requesting a Certificate of Coverage under
NPDES General Permit NCG020000, which covers stormwater, process water, and pit
dewatering water from sand mines_ The overflow, should it occur, will be through an
area approximately 30 feet wide and lined with rip rap into the undisturbed buffer area
north of the existing pit. The rip rap is intended to prevent the development of an
erosion channel and a point source discharge to the wetlands in the event of an
overflow. The discharge will be from the rip rap area by"sheet flow through the buffer
for more than 50 feet prior to reaching the wetlands as required by the mining permit.
In the event of an overflow from the existing pit, Mr. Jones would cease pumping pit
dewatering water from the new pit, limiting the overflow volume and duration.
Coverage under the General permit requires that the potential impact on the adjacent
wetlands and groundwater be analyzed.
Any impact on groundwater should be minimal. Water pumped from the mine pit at
present either soaks into the ground on the site, recharging the groundwater aquifer, or
runs back into the pit, again recharging the groundwater aquifer. Under the proposed
operating scenario. after coverage by the general permit, the same conditions will still
apply. Because Mr. Jones will stop pumping from the new pit into the existing pit in the
event of an overflow, there will be almost no net discharge of groundwater from the
site, other than that taking place naturally through the soil as recharge to the stream.
No groundwater withdrawal permit is required because the discharge, if it occurs, will be
less than 100,000 gallons per day.
Wetlands impacts are expected to be negligible. Because of the extensive buffer
between the mining operation and the wetlands, any surface discharge will be well
treated and filtered and will reach the wetlands as sheet flow. Because no discernable
change is anticipated in the volume of groundwater discharging to Bear Branch as
recharge, the hydraulics of the wetlands should not change.
ROBERT JONES SAND MINE--WILLIS NECK
Permanent Pool Conditions
Slope of sides = 1:1
Depth of Pit .at end of cycle =
Depth below ground to water
Use width at base (water level)=
Use Width at top(bottom of pit) -'—
Us as height to top (depth of pit)=
cross sectional area =
Length of Pit =
Volume of pit =
Storage Conditions
Slope of sides = 1:1
3 5
feet
7.5
feet
220
feet
165
feet
27.5
feet
5,294
sq ft
600
ft
3,1767250
cu ft =
23,758,350
gallons
Depth to permanent pool =
7.5 feet
Elevation at ground level =
0 feet
Use width at base (water level)=
235 feet
Use Width at top(bottom of pit) =
220 feet
Us as height to top (depth of pit)=
6.5 feet
cross sectional area =
1,479 sq ft
Length of Pit W
600 ft
Volume of pit =
887,250 cu ft =
6,6361630 gallons
�OF W A TFR
r; 'r - �O G
t? Y
June 12, 2009
CERTIFIED MAIL 7008 1300 0001 0434 5583
Robert Jones
Robert Jones Mine -Willis Neck Site
175 High School Road
Vanceboro, NC 28586
Subject: NOTICE OF VIOLATION
NOV-2009-PC-0512
Permit No. NCG020721
R,J. Bushhogging, Inc.
Craven County
Dear Mr. Jones.
Michael F. Easley, Governor
William G. ROSS Jr., Secremry
North Carolina Department of L.nvironment and Natural Resources
Coleen H. Sullins, Director
Division of Waier Quality
The permit issued to your facility, Robert Jones Mine -Willis Neck Site NCG020721, stipulated that an Operations &
Maintenence plan with a designed flow spreader must be submitted to and approved by the Division of Water Quality prior
to any dewatering activities at the site. The Division has no record of an O&M plan being submitted or approved.
Please be advised that NCGS 143-215.6 of the state Water Quality Statutes provides:
"A civil penalty of not more than twenty five thousand dollars ($25,000) may be assessed by the [Environmental
Management] Commission against any person who is required but fails to apply for or to seCure a permit required by G.S.
143-215.1, or who violates or fails to act in accordance with the terms, conditions, or requirements of such permit." NCGS
143-215.6 further provides that "if any action or failure to act is continuous. the Commission may assess a penalty not to
exceed twenty five thousand dollars ($25,000) per day for so long as the violation continues."
Remedial actions should be taken to correct this problem. The Division of Water Quality may pursue enforcement action
for this and any additional violations of State law.
To prevent further action, carefully review these violations and deficiencies and respond in writing to this office within 14
days of receipt of this letter. You should address the causes of noncompliance and all actions taken to prevent the
recurrence of similar situations. If you should have any questions, please do not hesitate to contact Jeffery A. Manning at
252-948-3966.
Sin erely,
Al Hodge, Region Supervisor
Surface Water Protection Section
Washington Regional Office
Division of Water Duality
Cc: WO Central Files
Karen Rust -Eastern NPDES Program
WaRO Enforcement Files
on�
No17hC.u'olina
;il �rlfrrrrr!!r�
North Carolina Division of Water Qualify Washington Regional Office Phone (252) 946-6481 Customer service
Interner. www.iicwatergiiality.org 943 Washington Square Mall, Washuiglon, NC 27889 FAX (252) 946.9215 1-877-623-6749
An Equal OpporiunitylAffirmative Action Employer - 50% Recycledfl O% Post Consumer Paper
69
NCG020000 ® & M
This document is not meant to be all inclusive or meant to be required for every mine
site. While a lot of components of the BMP plans may be alike regardless of the mine,
the 0 & M plan is definitely site specific. To help DWQ reviewers and those who are
attempting to develop 0 & M plans for permittees, this document was put together from
efforts taken by various DWQ employees to resolve issues between DWQ and
Consultants/Engineers regarding proposed 0 & M plans.
Compliance with Part It Section A: Requirements to Construct New or Expanding
Treatment Facilities. Should the proposed mine utilize a process recycle wastewater
system, an Authorization to Construct will be necessary. The permittee must meet the
requirements for operation of this treatment facility per Part I1 Section B.
Compliance with Part III: Monitoring, Controls, and Limitations for Permitted
Discharges. Section A of Part III requires the permittee to develop and implement a
stormwater Best Management Practices (BMPs) Plan. This requires a written plan that
can be easily followed, understood or implemented by quarry employees. The BMPs
plan should address items I through 6 in Section A of Part 11.1. In order to be sure that all
areas of concern are addressed, the plan should follow the Table of Contents as closely as
possible. DWQ reviewers should compare the BMP plan to the table of contents
provided in the permit to determine whether proposed BMPs are adequate. They should
include (but in no way are limited to) a thorough inspection and maintenance plan;
preventative maintenance and good housekeeping measures, spill control and cleanup
measures; stormwater management requirements; and the requirement that erosion and
sedimentation control (E&SC) measures in the mining permit or E&SC plan approved by
the Division of Land Resources be implemented.
Compliance with Section C Part III 1. Through 6.: Effluent Limitations and
Monitoring Requirements for Mine Dewatering Wastewater and Process
Wastewater. This section of the permit requires permittees to provide an Operation and
Monitoring The Plan must be able to demonstrate the effect of pumping and, as
necessary, establish the pumping regime necessary to reduce the potential impacts to
adjacent wetlands. Please refer to Page 5 of 9 Part III of the NPDES NCG020000 Permit
Conditions. The following bulleted items can be used as a guide for developing an
appropriate 0 & M plan, however, each plan is site specific and the list is not all
inclusive due to specific characteristics of the site. Prior to constructing the mine and
definitely before any dewatering activities occur, the plan must be in writing and
reviewed by DWQ.
A wetland delineation is required to identify all surface waters including wetlands
in the vicinity of the mine. (Not just whether there are wetlands within the mining
boundary). The USACOE is the only entity certified to provide a delineation. A
consultant can attempt it, but the Corp must sign off and stamp the dqlineation
showing they are in agreement.
• Site Map: This map should provide significant detail. The map should indicate
the landscape and position of all wetlands (based on the delineation), ditches,
proposed well placement, borrow areas, overburden storage, vehicle maintenance
areas, mining roads, buffers, rain gauges, fuel and bulk fuel storage areas,
buildings and other impervious structures, stormwater controls and the mine
footprint.
• Identify which of the three (3) types of discharge (stormwater, mine dewatering,
and process wastewater overflow) will be present. Identify ail discharge points
from the mine and indicate the type of discharge. For process wastewater or mine
dewatering, the anticipated rate of discharge is needed. How will the mine site be
graded and how will stormwater be managed within the pit and along the mine
site boundaries. (O&M)
• Provide design specifications and calculations for settling basins used to reduce
turbidity and TSS prior to discharge. If level spreaders are used, be sure to
construct them according to the level spreader guidance provided by the Division
at http:/ih2o.enr.state.ne.us/su/documents/LevelSpreaderGuidance_Final_-3.pdf .
The plan should clearly identify which surface waters may be impacted, the
classification of those water(s) and ensure the discharge from the mine will not
cause an exceedance of the water quality standards for that surface water. What
size storm event have the settling ponds and retention pond been designed for?
(For example, the 10-year, 24-hour event?) Provide calculations to support that
storage ponds will be able to hold run-off from the design storm, as well as the
mining operation process wastewater. Is this the only place where stormwater
will discharge from this site. Identify any flocculants or chemicals proposed for
use at the site to enhance settling. (O&M)
• A radius of influence calculation must be provided for mines intending to dewater
from the pit if there are surface waters in close proximity to the mine that could
potentially be impacted. Provide all assumptions used for determining this radius
of influence around the mining site. (FOR DWQ reviewers, you may request the
help from the Water Resources group to check the calculations). Once the zone
of influence is determined, identify the wetlands in the impact area and locate
additional monitoring wells accordingly. (O&M)
• Please provide data or other information about how seasonal changes in the water
table relative to the wetlands and their jurisdictional status have been
evaluated.(O&M) This usually requires some monitoring of shallow wells within
the wetlands before dewatering can occur.
• If the mining application indicates the wetlands will be protected through the use
of ponds, level spreaders, or ditches, but there are no calculations or models to
support this claim, require the permittee to provide additional technical
information and calculations to support that these techniques will protect the
surroundin z hydrolo�T_y.
• Clearly indicate the amount of buffer to be established around the mine footprint
edge and the respective wetland edges. Are the wetlands located within this
buffer and will they be drained from the hydraulic gradient change artd pumping
of -'the mine? Wider buffers than those imposed by Land Quality may be
necessary if the permittee cannot ensure wetland impacts can be avoided. DWQ
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can request wider buffers (Land Quality usually imposes 25' — 50' buffer
(generally 50').
Well installation: The placement of wells should be placed within the mine site
property boundary (if isolated wetlands or wetlands within the mine boundary
exist) and within the cone of depression (if wetlands fall within this zone).
Provide details on installation, data loggers, well maintenance schedule and
activities and depths of wells. Wells must be properly installed and properly
maintained throughout the active life of the mine, through reclamation efforts, and
for 5 years after the Division of Land Resources releases the site and determines
the Holland Shelter mine site has been reclaimed unless otherwise approved in
writing by NCDWQ.The plan must include wetland monitoring such that data
may be collected to insure that wetlands are adequately monitored and
demonstrate the activities are not impacting surface waters.
e Monitoring. All analytical and qualitative monitoring for mine dewatering
wastewater, stormwater and process wastewater associated with sand/gravel
mining must be in accordance with the NC6020000 permit. Monitoring in the
wetlands prior to mine site operation will be a requirement in order to establish
the hydrology of the wetland. Rain guage data must be collected. Maintenance of
the rain guage and monitoring frequency must be identified in the plan. Physical
monitoring of wetlands to reaffirm the presence of the jurisdictional wetland line
and soils, as well as 1'or instability, erosion, sloughing, subsidence, collapse,
newly formed sinkholes, wetland vegetation degradation, flooding of wetlands
from discharge activities and/or removal of the hydrology of wetlands. This
monitoring may be accomplished by inspection of the wetland areas while
conducting well maintenance efforts. Specifically, once the monitoring wells
locations are approved monitoring must occur prior to the time of construction
and through the duration of the time the site is being mined and for 5 years after
(for major mines) the mining efforts have been completed unless otherwise
approved in writing by NCDWQ. The plan should include the frequency of well
data collection and all inspections. All data should be clearly documented and
reported according to the permit, and the written O & M plan.
e Data Analyses. Provide an explanation of how monitoring data will be analyzed
to determine whether the wetland hydrology is removed or being maintained. if
monitoring results indicate impacts to the avoided wetlands, explain how these
impacts may be abated. How will data be analyzed to determine or demonstrate
what effects pumping and dewatering are having, and propose pumping regimes
necessary to reduce impacts to wetlands. More extensive pumping test data
should be included.
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NCG020000 General Permit for Mining Activities
SECTION C: Effluent limitations and monitoring requirements for mine dewatering
wastewater and process wastewater
l.) Mine Dewatering Wastewater
Mine dewatering activities that have the potential to drain wetlands must have
secured and implemented an Operations and Monitoring Plan approved by the
Division.
O & M Plans shall include, but are not limited to:
• Groundwater monitoring strategies to demonstrate the effect of pumping
and, as necessary, establish the pumping regime necessary to reduce impacts.
• . Detailed plans to maintain the surrounding hydrology and the respective
monitoring to demonstrate compliance.
Key pieces of information that is required before any of the above can be adequately
developed:
I . Determine the amount of wastewater expected to be discharged daily as a
result of mine dewatering. This can be calculated.
2. Determine cone of influence from mine dewatering. This will be meaningless
unless they conduct pump tests to determine the characteristics of the aquifer
(such as K (hydraulic conductivity), T (iransmissivity), S (storaiivity) and P
(permeability)) in which they are mining. Many consultants try to use text book
values for those characteristics based on the types of soils they either believe are
there or have been identified by well borings. That can be misleading.
Example: One mine used assumed values for and K to determine the cone of
influence. Their first try gave a result of 1800'. After being asked to determine
that value from pump tests they modified that figure to 2722. The Division of
Water Resources reviewed a drawdown vs. time curve and found the consultant
read the graphical depiction in error and asked for a recalculation using the
corrected values.. the cone of influence increased to 5700' and finally the
Division of Water Resources used their pump test data to calculate the aquifer
characteristics and their value was 7200'. After some negotiations with the
consultant concerning the calculations, 6200' was agreed upon.
Once the cone of influence is known, the consultant can propose a meaningful O & M
plan including monitoring well locations. Where should they be located? Along the edge
of the WETLAND BOUNDARIES within the cone of influence on and off their property
boundaries. How will they know where wetlands are?
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3.
Request a wetland delineation. Why a delineation rather than a determination?
What is the difference? Delineation is outlining the boundaries of a wetland
determination on aerial photography, digital imagery, other graphic representation
of the area, or on the land. If wetlands are in close proximity to the mining site
011 `? itself, how will the hired help know they are maintaining appropriate buffers as
specified in the mining Makes sense if they are required to ensure
permit?
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wetland hydrology is not being affected. How will the know where to put the
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monitoring wells? Wetlands determination is a decision whether or not an area is
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a wetland, including identification of wetland type and size.
Determine existing and seasonal wetland hydrology. A reasonable amount of
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time for monitoring to establish wetland hydrology should be provided.
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What are some of the factors that can affect the hydrology of a wetland?
Rain (or lack of), groundwater fluctuations, flooding, vegetative uptake,
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topography etc. etc. Seasons with unusual rain or drought.. this suggest long
term monitoring (years) which the consultant will absolutely not be willing to do.
What can we ask for to resolve this proble�? Hire a registered soil scientist to
determine the seasonal high water mark. r :`4.ty =� ; ►� .t > .fie y �° `� `��
5.
Components of Wetland Monitoring Plan w'itbin the O&M plan: Must
demonstrate their ability to protect the wetlands within the cone of influence.
Some of the components you might expect are (but not limited to):
a. 'Map with landscape positions of all wetlands, ditches, well placements,
borrow areas, overburden storage, stormwater controls, vehicle
maintenance areas, settling basins, product process areas, access roads.. .
b. Well information —design, depths, and maintenance.
c. Physical monitoring for the wetland areas — wetland instability, erosion,
sloughing, sediment, sinkholes, removal of hydrology or flooding from
dewatering the mine, types and health of vegetation and the monitoring
frequency for said parameters.
d. Settling Ponds for sediment prior to dewatering, are they large enough to
provide adequate settling based on size given Qin, Qout, is stormwater and 14'
process wastewater being commingled in the pond?
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e_ How will the dewatering be conducted? Use of level spreader (they. ��
should include the design)? Ditches (be careful)? Water cannons? Is the
wastewater from dewatering going to be used to maintain wetland
hydrology? How is that accomplished? How will they avoid erosion or
flooding of the wetland? How will the water make it to the wetland
areas? How much water ver day per acre is proposed? What will the
impacts be to the wetlands?
Networking:
Land Quality Section
NC Wildlife Resources Commission
Division of Water Resources