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HomeMy WebLinkAboutNCG020798_COMPLETE FILE - HISTORICAL_20150608MR STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV C& DOC TYPE 1� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ C" O,) YYYYMMDD RUM' North Carolina Department of Environment and Natural Resources Pat McCrory Governor JAMES S SASSER JOHNSTON COMMUNITY COLLEGE 6601 DEVILS RACETRACK ROAD FOUR OAKS, NC 27524 Dear Mr. Sasser: Donald R. van der Vaart Secretary June 8, 2015 Subject: Multimedia Compliance Inspection Howell Woods Sand Pit Johnston County Department of Environment and Natural Resources staff from the Raleigh Regional Office conducted a multimedia compliance inspection of Howell Woods Sand Pit on April 20,2015 for permits and programs administered by the following Divisions: Division of Air Quality Division of Energy, Division of Water Division of Waste Mineral, and Land Resources Management Resources We appreciate your cooperation during the inspection and hope that you have enjoyed the benefit of our initiative to provide a single inspector capable of handling multiple areas of environmental compliance at your facility. The results of each applicable inspection and any associated response actions or necessary corrective measures are detailed in the inspection letters/reports attached to this transmittal sheet. If you have any questions regarding this multimedia inspection or the results of each program inspection, please contact the Raleigh Regional Office at (919) 791-4200 and ask to speak with the appropriate Division staff. Thank you for your cooperation. Copies: DAQ RRO Files DEMLR RRO Files DWR RRO Files D WM RRO Files NCDENR Raleigh Regional Office 1628 Mail Service Center, Ralegh, North Carolina 27699-1617 Location: 3800 Barrett Drive, Raleigh North Carolina 27609 Phone: 919.791-42001 Fax; (919) 788.7159 An Equal Opportunity 1 Affirmative Action Employer— Made in part with recycled paper Pat McCrory Governor NCDENR North Carolina Department of Environment and June 1, 2015 Mr. James Sasser Howell Woods Environmental Learning Center Johnston Community College 6601 Devils Racetrack Road Pour Oaks, NC 27524 Subject: NPDES Stormwater Compliance Evaluation Inspection Certificate of Coverage No. NCG020798 Howell Woods Sand Pit Johnston County Dear Mr. Sasser: Natural Resources Donald R. van der Vaart Secretary Staff from the Department of Environmental and Natural. Resources conducted a stormwater inspection on April 20, 2015, as part of a multimedia inspection of your facility. The assistance provided by Mr. Andrew Phillips during the inspection was greatly appreciated. The inspection report is attached. Findings during the inspection were as follows:. 1. Certificate of Coverage (COC) No. NCG020798 under NPDES general permit NCG020000 was issued Howell Woods Sand Pit to discharge stormwater runoff and process wastewater to Swan Pond, a Class-C NSW stream, in the Neuse River Basin. 2. A stormwater pollution prevention plan (SPPP) was developed after the COC was issued in 2012, the following deficiencies were noted: The plan has not been reviewed or updated since it was developed; No employee training has been conducted and documented; The plan also lacks a list of responsible party(s). 3. All stormwater runoff and process wastewater drain to the mining pits, pit dewatering wastewater is pumped to a settling pond and discharged from the only outfall NPDES 01. Quarterly monitoring at the outfall has been conducted. The following items were noted: • Two limit exceedances for total suspended solids (TSS) were noted during the review of analytical monitoring results; • Vehicle maintenance is conducted on site; monthly new motor oil usage needs to be recorded in order to determine whether total petroleum hydrocarbons (TPH) need to be niWAltored at the outfall. 4. The only discharge outfall was observed during the inspection and found in good conditin,� ne -fVtS Carolini Erosion and sedimentation control measures.were implemented appropriately. Naturally North Carolina Division of Water Resources 1628 Mail service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/] 0% Post Consumer Paper Page 2 of 2 Please respond in writing regarding Items 3 and 4 within 60 days of receipt of this letter. If you have any questions regarding the attached report or any of the findings, please contact Cheng Zhang at 919-791-4200.(or email: cheng.zhang@ncdenr.gov). Sincerely, Cheng Zhang Environmental Senior Specialist Raleigh Regional Office Enclosure: Compliance Evaluation Inspection Form cc: Central Files RRO SWP files M Comoliance Inspection Report Permit: NCG020798 Effective: 01/11/12 Expiration: 12/31/14 Owner: Johnston Community College SOC: Effective: Expiration: Facility:, Howell Woods Sand Pit County: Johnston 6601 Devils Race Track Rd Region: Raleigh Four Oaks NC 27524 Contact Person: James Sasser Title: Phone: 919-938-0115 Directions to Facility: System Classifications: Primary ORC: Secondary ORC(s): ainn� On -Site Representative(s): Related Permits: Inspection Date: 04/20/2015 Entry Time: 11:30AM Primary Inspector: Cheng Zhang Secondary inspector(s): Certification: Phone: Exit Time: 02:OOPM Phone: 919-791-4200 Reason for Inspection: Routine Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: Compliant Not Compliant Question Areas: Storm Water (See attachment summary) Page: 1 permit: NCG020798 Owner - Facility: Johnston Community College Inspection Date: 04/20/2015 Inspection Typo : Compliance Evaluation Reason for Visit: Routine } Stormwater Pollution Prevention Plan Yes No NA NE Does the site have a Stormwater Pollution Prevention Plan? ❑ ❑ ❑ # Does the Plan include a General Location (USGS) map? E ❑ ❑ ❑ # Does the Plan include a "Narrative Description of Practices"? N ❑ ❑ ❑ # Does the Plan include a detailed site map including outfall locations and drainage areas? ■ ❑ ❑ ❑ # Does the Plan include a list of significant spills occurring during the past 3 years? 0 ❑ ❑ ❑ # Has the facility evaluated feasible alternatives to current practices? 0 ❑ ❑ ❑ # Does the facility provide all necessary secondary containment? 0❑ ❑ ❑ # Does the Plan include a BMP summary? 0 ❑ ❑ ❑ # Does the Plan include'a Spill Prevention and Response Plan (SPRP)? ❑ ❑ ❑ # Does the Plan include a Preventative Maintenance and Good Housekeeping Plan? E ❑ ❑ ❑ # Does the facility provide and document Employee Training? ❑ 0 ❑ ❑ # Does the Plan include a list of Responsible Party(s)? ❑ 0 ❑ ❑ # Is the Plan reviewed and updated annually? ❑ 0 ❑ ❑ # Does the Plan include a Stormwater Facility Inspection Program? ❑ ❑ ® ❑ Has the Stormwater Pollution Prevention Plan been implemented? O ❑ ❑ ❑ Comment: The plan was not up to date and neede to be reviewed and updated. No employee training has been documented. Responsible party is only designated as plant manager• with no names and Phone numbers. Plan reviewlugdate has not been documented. Qualitative Monitoring Yes No NA'NE Has the facility conducted its Qualitative Monitoring semi-annually? 110 E ❑ Comment: The facility does not have anv stormwater discharge outfalls. All stormwater runoff drains into the ip ts, Analytical Monitoring Yes No NA NE Has the facility conducted its Analytical monitoring? ❑ ❑ ❑ # Has the facility conducted its Analytical monitoring from Vehicle Maintenance areas? ❑ ❑ 0 ❑ Comment: Quarterly monitoring results at Outfail 01 were reviewed duhnq the inspection. Two total suspended solids (TSS) limit exceedings were noticed. Vehicle maintenance is conducted on site, the facility needs to record monthlv new motor oil usage, in order to determine whether total petroleum hydrocarbons (TPH) needed to be monitored at Outfall NPDES-01. Permit and Outfalls Yes No NA NE # Is a copy of the Permit and the Certificate of Coverage available at the site? ❑ ❑ ❑ # Were all outfalls observed during the inspection? ❑ ❑ ❑ # If the facility has representative outfall status, is it property documented by the Division? ❑ ❑ E ❑ Page: 3 Permit: NGG020798 owner - Facility: Johnston Community CoElege Inspection Date: 04/20/2015 Inspection Type : Compliance Evaluation Reason for Visit: Routine # Has the facility evaluated all illicit (non stormwater) discharges? ■ ❑ ❑ ❑ Comment: The facility has only one outfall, NPDES-01, from which dewatering wastewater from the pits is discharged. Page: 4 North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT X❑ PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Howell Woods Sand Pit 2. MINE LOCATION: Devils Racetrack Road Four Oaks 3. COUNTY: Johnston 4. RIVER BASIN: Neuse 5. CASE: 6. OPERATOR: Rose Brothers 7. ADDRESS: 6601 Devils Race Track Road Four Oaks, NC 27524 8. MINING PERMIT #: 51-35 ❑ NIA 9. PERMIT EXPIRATION DATE: 01/09/2022 ❑ NIA 10. PERSON(S) CONTACTED AT SITE: Andrew Phillips 11. PICTURES? ❑ Yes X ❑ No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ❑ B. Routine Inspection (Permitted Mine Sites) XF� C. Follow-up Inspection 13. Date of last inspection: 01/21/2015 14. Any mining since that date? X❑ Yes ❑ No If yes, cite evidence of such mining activity: Ongoing at the time of the inspection _ 15. Was mine operating at time of inspection? X ❑ Yes ❑ No If yes, explain: Mining ongoing 16. Is the mine in compliance with the Operating Conditions of the Permit? X❑ Yes ❑ No ❑ NIA If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? X ❑ Yes ❑ No ❑ NIA If no, explain: 18. Is there any off -site damage? A. ❑ Yes B. X❑ No C. ❑ None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? ❑ Yes X ❑ No Explain: 19. Corrective measures needed and/or taken: 20. Other recommendations and comments: Update the reclamation report and flag the new mining area 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes X❑ No (Explain) ❑ Not Reviewed ❑ NIA Reclamation report does not reflect reclaimed areas 22. Follow-up inspection needed? ❑ Yes X ❑ No Proposed date 23. No. of additional pages of Inspection Report 0 24. Copy 04/21 /2015 of Report sent to operator INSPECTED BY: Thad Valentine DATE 04/20/2015 Telephone No: (919) 791-4210 Copy to file Copy to operator Copy to Mining Specialist Page 1 of 2 PAk NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF WASTE MANAGEMENT (DWM) HAZARDOUS WASTE SECTION (HWS) / COMPLIANCE BRANCH RCRA INSPECTION REPORT 1. Facility Information: Johnston Community College Howell Woods Sand Pit 6601 Devils Race Track Road Four Oaks, NC 27524 EPA ID#: NCS 000 002 226 2. Facility Contact: Mr. James Sasser, Johnston Community College Phone: 828.322.8150 Email: novinca@rushenterorises.com 3. HWS-Inspectors: Mr. Andrew Martin, NC H WS- Environmental Senior Specialist 4. Date/Time of Investiaatlon: April 20, 2015 Arrived: 12:30pm— Departed: 2:30pm Date of Report May 1, 2015 - Prepared By: Andrew Martin 5. Participants: Thad Valentine, NCDENR Land Quality Section Lori Phillips, NCDENR Air Quality Section Cheng Zhang, NCDENR Water Quality Section Andrew Phillips, Mine Manager 6. Purpose of Inspection: Compliance Evaluation Inspection 7. Report: On April 20, 2015, 1 and the three NCDENR colleagues listed above conducted a multimedia inspection at the Johnston Community College Howell Woods Sand Pit. The Howell Woods Sand Pit is a permitted sand mine operating under NCDENR Land Quality Section permit #51-35, The permit is valid until January 9, 2022. The Howell Woods Sand Pit is located on 139.1 acres of land with 89.7 acres disturbed. Two metal shipping containers serve as an office and storage area at the facility. Mining pits at the facility are filled with water. Sand is mined from open pits and brought to a central processing area where it undergoes sorting and washing. Waste water from the sorting and washing process is discharged into one of the water filled sand pits. Suspended solids and turbidity are settled out of the waste water using natural deposition methods. The waste water eventually discharges via one NPDES permitted outfall. A tour of facility operations was conducted during the visit. The facility generates used oil, used antifreeze, batteries, and occasionally aerosol cans from maintenance and repair of engines and equipment. Batteries are exchanged for core recycling once they are generated. Used oil is accumulated in one 500-gallon above ground tank and in several 55-gallon containers. The tank is located within a steel secondary containment structure and is covered with a tarp. The tank and 55- gallon containers were labeled as "Waste Oil" at the time of the inspection (See Comment Section). The facility contracts with Noble Oil for collection of used oil for recycling and maintains receipts. Facility personnel also explained that if any contaminated diesel fuel or gasoline was generated it would be mixed with the facility's used oil. Andrew Martin, CEP- NC Hazardous Waste Section Office: 217 W. Jones Street, 1646 Mail Service Center, Raleigh, NC 27699 Phone: )919) 270-3507 Ernail: Andrew,Martin,fl ncderr.gov Page 2 of 2 Facility personnel explained that they were not aware of any hazardous waste streams generated from facility operations. 8. Comments: It is a reminder that used batteries (nickel -cadmium, lead acid, lithium ion, etc...) are subject to the hazardous waste determination requirements listed at Title 40 Code of Federal Regulations, Part 262.11. Used batteries can be managed as Universal Waste when they are recycled. Universal Waste regulations are listed at Title 40 Code of Federal Regulations, Part 273.2. Regulations require that any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions be stored in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, must be labeled or marked clearly with any one of the following phrases: "Universal Waste — Battery(ies)," or "Waste Battery(ies);' or "Used Battery(ies)." Universal Waste must not be stored onsite for more than one year from the date it was generated and containers should either be marked with an accumulation start date or collection receipts be maintained to demonstrate compliance with the one year onsite storage requirement. • The used oil containers at the facility were not properly labeled. It is a reminder that the facility must clearly label all containers (drums, buckets, tanks, bottles, etc.) used to store or transport used oil for recycling with the words "Used Oil". Required by 40 CFR 279.22(c)(1). a,4&-- *.4, 5/1/2015 Andrew Martin, QEP / DATE NC HWS-COMPLIANCE BRANCH cc: Jenny Patterson, Eestem Area Compliance Supervisor Central Office Fles Andrew Phillip, Mid -East Services, Inc. Andrew Marlin, CEP- MC Hazardous Waste Section Office: 217 +N..Icnes Street, 1646 Mail Service Cenier, Raleigh, NC 27699 Phone: (919) 270-3507 Email: Andrew.Martin4ncdenr.gov SENT US MAIL FACILITY REPRESENTATIVE HAZARDOUS WASTE SECTION - COMPLIANCE BRANCH FILE TRANSMITTAL & DATA ENTRY FORM Your Name: Andrew Martin Facility ID Number: NCS000002226 Facility Name: Johnston Community College Howell Woods Sand Pit Document Group: Inspection/Investigation(l) Document Type: Description for File (for CARA): Date of Document: S/1/2015 Author(s) of Document: Andrew Martin Inspector ID #: NC115 Comments for RCRAInfo:Multimedia Inspection County (if not on report): Johnston For Violations: Enforcement Date: Click here to enter a date. Enforcement Type: For IANOV or CO: The facility is Outcome Measures for CSE for IANOV or CO: I - Compliance Evaluation Inspection (CEI) Suborganization: Eastern Region Docket Number: How many violations were there? Waste Involved Volume Exposure Media (a, gw, sw, s) Distance to Residences Number of people involved Distance to on -site wells Distance to Off -site wells Violation #1: Date Determined: Click here to enter a date. Scheduled Return to Compliance: Click here to enter a date. .Regulation Description: Comment: For CSE, Corrections to Violations were: Violation #2: Date Determined: (slick here to enter a (late. Scheduled Return to Compliance: Click hereto enter a date Regulation Description: Comment: For CSE, Corrections to Violations were: Actual Return to Compliance: Click here to enter a date. Actual Return to Compliance: Click here to enter a date. Violation #3: Date Determined: Click here to enter a date. Scheduled Return to Compliance: Click here to enter a date, Regulation Description: Comment: For CSE, Corrections to Violations were: Actual Return to Compliance: Click here to enter a date. Violation #4• .Date Determined: Click here to enter a date. Scheduled Return to Compliance: Actual Return to Compliance: Click here to enter a date. Regulation Description: Comment: For CSE, Corrections to Violations were: Violation #S: Date Determined: Click here to enter a date, Scheduled Return to Compliance: Click here to enter a date. Regulation Description: Comment: For CSE, Corrections to Violations were: Violation #6: Date Determined: Click here to enter a date. Scheduled Return to Compliance: Click hereto enter a date. Regulation Description: Comment: For CSE, Corrections to Violations were: Actual Return to Compliance: Click here to enter a date. Actual Return to Compliance: Click here to enter a date. North Carolina Beverly Eaves Perdue Governor Mr. James Sasser Johnston Community College 6601 Devils Race Track Rd. Four Oaks, NC 27524 Dear Mr. Sasser: �� NC®ENR Department of Environment and Natural Resources Division of Water Quality Charles Wakild, P.E. Director January 11, 2012 Subject: General Permit No. NCG020000 Howell Woods Sand Pit COC NCG020798 Johnston County Dee Freeman Secretary In accordance with your application for a discharge permit received on July 7, 2011. 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 October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage for this type of mining operation. Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit. This general permit allows the discharge of stormwater and certain types of wastewater from your facility. in your application, you specified that only mine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., stormwater nol combined with mine dewatering water), you will be required to adhere to the conditions in this permit for stormwater discharges. Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage to stream buffers, from portions of this site that have been constructed after July 22, 1997, must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 213 .0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://portal.ncdenr.org/web/wig/ws/su/bmp-manual. Wetlands and Stormwater Branch 1617 Mail Servioe Center, Raleigh, North Carolina 27699-1617 Location; 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina ;Vawrally Mr. James Sasser Johnston Community College—NCG020798 January 11, 2012 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. 2If you have any questions concerning this permit, please contact Robert Patterson at (919) 807-6375 or robert.patterson@ncdenr.gov. Sincerely, ORIGINAL SIGNED B) KEN PICKLE for Charles Wakild, P.E. cc: Raleigh Regional Office Central Files Stormwater Permitting Unit Files ec: James C. Izzell, Jr., PG — Carolina Geological Services, Inc. Page 2 of 2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020798 STORMWATER AND MINE DEWATERING DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Johnston Community College is hereby authorized to discharge stormwater and mine dewatering wastewater from a facility located at Howell Woods Sand Pit 6601 Devils Race Track Rd. Four Oaks Johnston County to receiving waters designated as Swan Pond, a class C; NSW water in the Neuse River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective January 11, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this the 1 I`h day of January, 2012. ORIGINAL SIGNED Bl KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission Sao N W E S Map Scale 1:24,000 i '� ems. � — ..w.. �_ •� - � �. f l Sloan € Pond I � c 7 M � f i 1 ! M9 94 �y 1 �l 11 I�=- Johnston Community College Howell Woods Sand Pit Latitude: 350 22' 45" N Longitude: 781 17' 10" W County: Johnston Receiving Stream: Swan pond Index No.: 27-52-7 Stream Class: C; NSW Sub -basin: 03-04-04 (Neuse River Basin) �`*w�raaR ON 1� ��•t Facility Location NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist January 9, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 4381 Mr. James Sasser Johnston Community College 6601 Devils Race Track Road Four Oaks, North Carolina 27524 RE: Permit No. 51-35 Howell Woods Sand Pit Johnston County Neuse River Basin Dear Mr. Sasser; Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the affected acreage at this site to 89.7 acres as indicated on the Site Plan last revised November 7, 2011. This modification includes the addition of the access road into the affected acreage and allows dewatering activities at this site. In addition, the wetland and water way buffers have been reduced from a minimum of 250 foot undisturbed to a minimum of 50 foot undisturbed as a result of the recent wetland delineation. A copy of the renewed and modified permit is enclosed. The new expiration date is January 9, 2022. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3A, 46, 4C, 5, 9A, 9B and 13 and Reclamation Condition No. 3. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted. by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 139.1 acres and the amount of land you are allowed to disturb is 89.7 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - lnternet:hftpa/www.dlr.enr.state.nc.us/pages/landqualitysecton.htm] An Equal Opportunity! Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Mr. Sasser Page Two Since we have received the $69,900.00 Assignment of Savings Account issued by First Citizens Bank and Trust, I am returning the $45,500.00 Assignment of Savings Account issued by First Citizens Bank and Trust previously held by this office to you for your disposal, Please review the renewed and modified permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, anet S. Boyer, PE U tate Mining Specialist and Quality Section JSBIjw Enclosures cc: Mr. Dan Sams, PE' Ms, Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining. Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Johnston Community College Howell Woods Sand Pit Johnston County - Permit No. 51-35 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: January 9, 2022 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or'otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security., In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S, 74-49. Modifications June 11, 2001: This permit has been modified to increase the permitted acreage to 139.1 acres and increase the affected acreage at this site to 77.9 acres as indicated on the Mining Plan and supplemental information dated December 2000. . January 9, 2012: This permit has been modified to increase the affected acreage at this site to 89.7 acres as indicated on the Site Plan last revised November 7, 2011. This modification includes the addition of the access road into the affected acreage and allows dewatering activities at this site. In addition, the wetland and water way buffers have been reduced from a minimum of 250 foot undisturbed to a minimum of 50 foot undisturbed as a result of the recent wetland delineation. Page 3 Expiration Date This permit shall be effective from the date of ,its issuance until January 9, 2022. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to -secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land, B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. Page 4 C. Mining activities shall occur as indicated on the Site Plan last revised November 7, 2011 and the supplemental information received by the Land Quality Section on June 10, 2011, August 1, 2011, October 11, 2011 and November 7, 2011. 5. All affected area boundaries (89.7 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the Site Plan last revised November 7, 2011. 10, A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S_ 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2: conveyor belts Page 5 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided .to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $5,100.00 Bank Guarantee and a $69,900.00 Assignment of Savings Account, totaling $75,000.00 (of which $74,500.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service, 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water fine and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. , E. The affected land shall'be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued April 13, 2000 and modified and renewed June 11, 2001, is hereby simultaneously renewed and modified this 9th day of January, 2012 pursuant to GS 74- 52.. *,James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources CAROLINA GEOLOGICAL SERVICES, INC. October 10, 2011 � ��t5 Mr. Robert D. Patterson NCDENR, Div. Of Water Quality 1617 Mail Service Center 3 2011 Raleigh, NC 27699-1617 WATER�TZANDSAMDSTORM�q�ERBF'ANCN Subject: Howell Woods Sand Pit, NCG020798, Johnston County Dear Mr. Patterson; As you may know, Johnston Community College applied for coverage under the NPDES General Permit for mining several weeks ago. During the renewal of the DLR Mining Permit, it was discovered that the facility had been discharging water for a few years without an NPDES permit. This was due to a misunderstanding of the regulations by the operators of the site (Mid -East Services). When mining began several years ago, the operators determined that it would be better for them to discharge water from : the mining area. They contacted the US Army Corps of Engineers to discuss the plan with them, and according to the operators, the Corps representative stated that they had no issue with the water discharge activity. Neither Mid -East Services nor Johnston Community College were aware that a NPDES permit was required for this activity. They had assumed that their contact with the US Army Corps of Engineers was sufficient to keep them in compliance. Ever since this oversight was discovered, Johnston Community College has worked diligently to bring this site into compliance with all NCDENR regulations. In a recent e-mail communication with Ms. Lauren Witherspoon of the Raleigh Regional Office, she forwarded to me your letter of July 19, 2011 addressed to Johnston Community College. I apologize that we have not responded to your letter sooner, but this was my first knowledge it. In your letter, you have requested two items of additional information. First, you requested that an O&M Plan be prepared for the site to assure protection of the nearby wetlands. The O&M Plan was prepared and submitted to Ms. Witherspoon in late July. Ms. Witherspoon reviewed the Plan and found that it met the requirements for demonstrating that the operation would have no adverse effects on the wetlands. Second, you have requested details and additional information on any sediment basins or ponds associated with the site discharges. At this time, all mine dewatering is pumped from a 7-acre pond within the mining area, through an excavated ditch and farm pond, which subsequently flows into a ditch within the adjoining wetlands. The water flows through this ditch for several hundred feet before eventually flowing into the wetlands. It should be noted that the ditches and farm pond were built many years ago for agricultural purposes. They have been utilized for conveyance of the pumped water only for convenience. P.Q. Box 429, GARNER, NC 27529 (91 9)779-0017 FAX: (91 9)779-7227 OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC Page 2 DWQ response As previously stated, this operation was not aware of the requirements of the NPDES permit. However, the system that has been utilized for discharge of the mine dewatering has performed very well in protecting the surrounding areas. The 7-acre pond far exceeds any size requirement for allowing sediment to settle out of the water before it is discharged. However, since the pumped water does flow through the ditch and farm pond before it is discharged, there is a possibility that it can pick up some sediment from the ditch itself, or from stormwater runoff from the slopes of the ditch. Therefore, the operators have made plans to eliminate this ditch and pump the clean mine water directly from the 7-acre pond into the existing farm pond, thus eliminating any stormwater from the discharge. The quantity of water discharged will not change, except for the elimination of any stormwater component. The site operators plan to make this change within 6-12 months, at the same time that they move the processing plant in accordance with the mine plan. Until that time, the ditch will continue to convey the pumped pit water as well as any stormwater that may fall within the ditch. The existing farm pond will serve as a temporary sediment basin until the ditch is removed in a few months. The farm pond is much larger than required for this flow (see attached calculations). After the ditch is removed, and the pit water is allowed to discharge directly into the farm pond, it will no longer serve as a sediment basin, since the pumped pit water will have already passed through the 7-acre pond within the mining area. At that point, there will be no stormwater discharge from the site at any time, All stormwater within the disturbed areas will be retained within the pit and allowed to slowly infiltrate into the 7-acre pond before being pumped out. The 7-acre pond within the mining area will continue to collect groundwater within the pit and serve to allow any sediment to settle before it is pumped from the site. As mining expands, the size of this pond will increase accordingly, thus increasing the settling efficiency. At the completing of mining, the entire mining area will either be a pond, or partially backfilled to serve as new wetland areas for environmental study. We wish to emphasize again that Johnston Community College and the Howell Woods Environmental Learning Center is a leader in environmental education and wetlands research. They are committed to bringing this site into compliance and wish to be proactive in providing whatever information you may need to continue your review of their application. If you need any further information or wish to discuss this further, please contact me. Sincerely, �4/(/ James C. Izzell, Jr., PG Carolina Geological Services, Inc. cc: Howell Woods Environmental Learning Center, Johnston Comm. College Judy Wehner, NCDENR, Division of Land Resources Lauren Witherspoon, NCDENR, Division of Water Quality Howell Woods Sand Pit "Farm Pond" Stormwater flow into "Farm Pond" The only stormwater flow into pond is from excavated ditch - Estimated Stormwater Runoff (Rational Method) - Drainage area = 50,000 sq ft = 1.15 acres - Disturbed area (ditch) = 1.15 acres - Runoff coefficient = 0.3 - Hydraulic length = 1000 feet - Elevation difference = 5 feet - Time of concentration (Tc) = 12 minutes (from Fig 8.03a NC Sed. Manual) i = 6 inlhr (10 yr event, from NC Sed Manual) Q = CiA = (0.3) (6) (1.15) = 2.07 cfs Required Volume of pond = acres in watershed x 3,600 cflac 1.15 ac x 3,600 cflac = 4,140 cubic feet Existing Farm Pond Volume = 175' x 40' x 5' = 35,000 cubic feet 35,000 cf > 4,140 cf " Existing Farm Pond is > 8 times required volume Settling Efficiency of Farm Pond for Stormwater flow Q x 435 = 2.07cfs x 435 = 900.45 sq ft required Existing Farm Pond = 175' x 40' = 7,000 sq ft 7,000 sq ft > 900.45 sq ft * Existing Farm Pond is > 7 times required surface area Settling Efficiency of Farm Pond for pumped Mine Dewatering wastewater Q = 1,200 gallons/minute (from flow chart) = 2.676 cfs Q x 435 = 1,164 sq ft required Existing Farm Pond = 7,000 sq ft 7,000 sq ft > 1,164 sq ft Settling Efficiency of Farm Pond for pumped mine water and stormwater combined Q = 2.07 + 2.676 = 4.746 cfs Q x 435 = 2,064.5 sq ft required Existing Farm Pond = 7,000 sq. ft 7,000 sq ft > 2,064.5 sq ft Acre Settling Pond within Pit - Does not discharge during any storm event - Only discharge is pumped, so Q = pumped volume Q = 2.676 Q x 435 = 1,164 sq ft surface area Existing pond is 7 acres = 304,920 sq ft 304,920 sq ft > 1,164 sq ft CAROLINA GEOLOGICAL SERVICES, INC. October 10, 2011 Mr. Robert D. Patterson NCDENR, Div, Of Water Quality OCT 1 3 2011 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Howell Woods Sand Pit, NCG020798, Johnston County Dear Mr. Patterson; As you may know, Johnston Community College applied for coverage under the NPDES General Permit for mining several weeks ago. During the renewal of the DLR Mining Permit, it was discovered that the facility had been discharging water for a few years without an NPDES permit. This was due to a misunderstanding of the regulations by the operators of the site (Mid -East Services). When mining began several years ago, the operators determined that it would be better for them to discharge water from-, the mining area. They contacted the US Army Corps of Engineers to discuss the plan with them, and according to the operators, the Corps representative stated that they had no issue with the water discharge activity. Neither Mid -East Services nor Johnston Community College were aware that a NPDES permit was required for this activity. They had assumed that their contact with the US Army Corps of Engineers was sufficient to keep them in compliance. Ever since this oversight was discovered, Johnston Community College has worked diligently to bring this site into compliance with all NCDENR regulations. In a recent e-mail communication with Ms. Lauren Witherspoon of the Raleigh Regional Office, she forwarded to me your letter of July 19, 2011 addressed to Johnston Community College. I apologize that we have not responded to your letter sooner, but this was my first knowledge it. In your letter, you have requested two items of additional information. First, you requested that an O&M Plan be prepared for the site to assure protection of the nearby wetlands. The O&M Plan was prepared and submitted to Ms. Witherspoon in late July. Ms. Witherspoon reviewed the Plan and found that it met the requirements for demonstrating that the operation would have no adverse effects on the wetlands. Second, you have requested details and additional information on any sediment basins or ponds associated with the site discharges. At this time, all mine dewatering is pumped from a 7-acre pond within the mining area, through an excavated ditch and farm pond, which subsequently flows into a ditch within the adjoining wetlands. The water flows through this ditch for several hundred feet before eventually flowing into the wetlands. It should be noted that the ditches and farm pond were built many years ago for agricultural purposes. They have been utilized for conveyance of the pumped water only for convenience. P.O. Box 429, GARNER, NC 27529 (9 1 9)779-001 7 FAX: (91 9)779-7227 OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC � r� Page 2 DWQ response As previously stated, this operation was not aware of the requirements of the NPDES permit. However, the system that has been utilized for discharge of the mine dewatering has performed very well in protecting the surrounding areas. The 7-acre pond far exceeds any size requirement for allowing sediment to settle out of the water before it is discharged. However, since the pumped water does flow through the ditch and farm pond before it is discharged, there is a possibility that it can pick up some sediment from the ditch itself, or from stormwater runoff from the slopes of the ditch. Therefore, the operators have made plans to eliminate this ditch and pump the clean mine water directly from the 7-acre pond into the existing farm pond, thus eliminating any stormwater from the discharge. The quantity of water discharged will not change, except for the elimination of any stormwater component. The site operators plan to make this change within 6-12 months, at the same time that they move the processing plant in accordance with the mine plan. Until that time, the ditch will continue to convey the pumped pit water as well as any stormwater that may fall within the ditch. The existing farm pond will serve as a temporary sediment basin until the ditch is removed in a few months. The farm pond is much larger than required for this flow (see attached calculations). After the ditch is removed, and the pit water is allowed to discharge directly into the farm pond, it will no longer serve as a sediment basin, since the pumped pit water will have already passed through the 7-acre pond within the mining area. At that point, there will be no stormwater discharge from the site at any time. All stormwater within the disturbed areas will be retained within the pit and allowed to slowly infiltrate into the 7-acre pond before being pumped out. The 7-acre pond within the mining area will continue to collect groundwater within the pit and serve to allow any sediment to settle before it is pumped from the site. As mining expands, the size of this pond will increase accordingly, thus increasing the settling efficiency. At the completing of mining, the entire mining area will either be a pond, or partially backfilled to serve as new wetland areas for environmental study. We wish to emphasize again that Johnston Community College and the Howell Woods Environmental Learning Center is a leader in environmental education and wetlands research. They are committed to bringing this site into compliance and wish to be proactive in providing whatever information you may need to continue your review of their application. If you need any further information or wish to discuss this further, please contact me. Sincerely, -4 %% James C. Izzell, Jr., PG Carolina Geological Services, Inc. cc: Howell Woods Environmental Learning Center, Johnston Comm. College Judy Wehner, NCDENR, Division of Land Resources -Lauren-Witherspoon; NCDEN R;Division-bf:Wjter Quality Howell Woods Sand Pit "Farm Pond" Stormwater flow into "Farm Pond" The only stormwater flow into pond is from excavated ditch Estimated Stormwater Runoff (Rational Method) - Drainage area = 50,000 sq ft = 1.15 acres - Disturbed area (ditch) = 1,15 acres -Runoff coefficient = 0.3 - Hydraulic length = 1000 feet - Elevation difference = 5 feet - Time of concentration (Tc) = 12 minutes (from Fig 8.03a NC Sed. Manual) i = 6 in/hr (10 yr event, from NC Sed Manual) Q = CiA = (0.3) (6) (1.15) = 2.07 cfs Required Volume of pond = acres in watershed x 3,600 cf/ac 1.15 ac x 3,600 cf/ac = 4,140 cubic feet Existing Farm Pond Volume = 175' x 40' x 5' = 35,000 cubic feet 35,000 cf > 4,140 cf Existing Farm Pond is > 8 times required volume Settling Efficiency of Farm Pond for Stormwater flow Q x 435 = 2.07cfs x 435 = 900.45 sq ft required Existing Farm Pond = 175' x 40' = 7,000 sq ft 7,000 sq ft > 900.45 sq ft * Existing Farm Pond is > 7 times required surface area Settling Efficiency of Farm Pond for pumped Mine Dewatering wastewater Q = 1,200 gallons/minute (from flow chart) = 2,676 cfs Q x 435 = 1,164 sq ft required Existing Farm Pond = 7,000 sq ft 7,000 sq ft > 1,164 sq ft Settling Efficiency of Farm Pond for pumped mine water and stormwater combined Q = 2.07 + 2.676 = 4.746 cfs Q x 435 = 2,064.5 sq ft required Existing Farm Pond = 7,000 sq. ft 7,000 sq ft > 2,064.5 sq ft 7 Acre Settling Pond within Pit - Does not discharge during any storm event - Only discharge is pumped, so Q = pumped volume Q = 2.676 Q x 435 = 1,164 sq ft surface area Existing pond is 7 acres = 304,920 sq ft 304,920 sq ft > 1,164 sq ft AA (0A N _/®ER North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 19, 2011 Mr. James Sasser Johnston Community College 6601 Devils Race Track Rd. Four Oaks, NC 27524 Natural Resources Subject: General Permit No. NCG020000 Howell Woods Sand Pit, NCG 020798 Johnston County Dear Mr. Sasser: Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Howell Woods Sand Pit on July 7, 2011. The application included a copy of an expired mining permit from the Division of Land Resources (DLR). Please be aware that the issuance of an NPDES permit is contingent upon the renewal of the associated mining permit from DLR. Our office will process your stormwater permit application once a DLR mining permit has been issued for your project. Please provide the following additional information: 1. Information must be provided to demonstrate that mine dewatering will not have adverse effects on the wetlands. Also, see information about an O&M Plan for pumping below, 2. Details and plans need to be provided for the sediment basin(s). Please also be aware that your project is located near wetlands. Your NPDES permit will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http://portal.ncdenr.org/web/wq/ws/su/npdessw. See Part Ill, Section E of the permit. An approved Operation . and Monitoring Plan is required for NPDES-permitted mining facilities and may be required prior to permit issuance. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. A Plan for your facility must be submitted to the Raleigh Regional Office within 60 days of your receipt of an NPDES permit. We encourage you to contact Lauren Witherspoon at the Raleigh Regional Office at (919) 791-4200 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage to stream buffers, from portions of this site that have been constructed after July 22, 1997, must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http: //portal.ncdenr.org/web/wq/ws/su/bmp-manual. If you have any questions concerning the NPDES permit approval process, please contact me at telephone number (919) 807-6375, or at robert.patterson@ncdenr.gov. Sincerely, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91M07-63001 FAX: 919-807-64921 Customer Service: 1-877-623-6748 Internet: www.nmaterquality.org An EQUal Opportunity l Affrmative Action Employer One NorthCarolina �aturallry Mr. James Sasser ....."How4R Woods Sand Pit—NCG 020798 Juiy 19, 2011 Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office, Lauren Witherspoon Central Files Stormwater Permitting Unit Files Patterson, Robert From: Witherspoon, Lauren Sent: Tuesday, July 19, 2011 11:36 PM To: Patterson, Robert Subject: RE: Johnston Community College - Howell Woods Sand Pit, Johnston Co. Robert, Definitely have some issues at the outlet currently with sediment in the ditch connected to the wetland. I don't think it is a stream but didn't concentrate too much on that since I assumed it would be a Water of the State regardless. I talked to Judy Wehner about the sediment issue and she said they would be requiring more sediment control than what they indicated on their plans. I don't think we need to worry too much about draining wetlands given their extent and proximity to the floodplains of the Neuse River and Mill Creek. We sent an NOV to the owner last week and haven't had any contact with them so far otherwise. So we haven't discussed 0&M plans. Lauren From: Patterson, Robert Sent: Tuesday, July 19, 2011 1:08 PM To: Witherspoon, Lauren Subject: FW: Johnston Community College - Howell Woods Sand Pit, Johnston Co. Lauren, I sent the below email to Danny before I saw the Mining Permit App Review form that you filled out for DLR. Is the owner working with you to get an 0&110 plan for purnping? See my concerns in my email below. ,'m sending you a copy of the app and plans they submitted as well. Thanks Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Perrniiting 1617 Mail Service Centcr, Ralcigh, NC 27699-1617 (Mail) 512 N. Sali-,bktry St, Raleigh, NC 27604 1 91u1 Floor {l.o(:,,&f)n ti, Parrcls) (919) 507-6375 Phone 1 {919) 807-6494 Fax I Robert, Patterso u,ncdenr.gov F.,,,,,i! Websitc: htLo://nortaLncdennore/web/wa/ws/su ,.A Before printing this email, please consider your budget and the environment. 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 From: Patterson, Robert Sent: Wednesday, July 13, 2011 10:15 AM To: Smith, Danny Cc: Bennett, Bradley Subject: Johnston Community College - Howell Woods Sand Pit, Johnston Co. Danny, We received an app for the subject existing mine in Johnston Co. They are dewatering and the site has wetlands all around it next to the Neuse River. The app is not really complete, but I hesitate returning it. The aerial photos of the site appear to show "milky" water being discharged to the stream. Also, they have not provided any info that they will not impact the wetlands that are right next to the pit and haul roads in areas. Has anyone from RRO been out there. DLR did an inspection this past June, and noted that there was zero buffer b/t the haul road and wetlands. They have an incomplete renewal in-house for the DLR permit (the current one is now expired). Are you ok with us accepting the application and working with them to get the info and O&M pumping plan from them? Mine location: 6601 Devils Race Track, Four Oaks (-0.2 mi. north of Strickland's Crossroads) 35-22-45 N, 78-17-10 W Robert D. Patterson, PE Environmental Engineer NCDENR I DWQ I Stormwater Permitting 1617 Mail Service Center, Raleigh, NC 27699-1617 (Mail) 512 N. Salisbury St, Raleigh, NC 27604 ( 911, Floor (loocalion ey. Parctrls) (919) 807-6375 Phone 1 (919) 807-6494 Fax I Robert, Patterson r ncdenr. ov Email Website: http://portrA.nedcnr.org/web/wq/ws/su ,A Before printing this email, please consider your budget and the environment. E-mait correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Ai NC®ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr, James Sasser Johnston Community College 6601 Devils Race Track Rd. Four Oaks, NC 27524 Dear Mr. Sasser: Division of Water Quality Coleen°H• Sullins Director July 19, 2011 Subject: General Permit No. NCGO20000 Howell Woods Sand Pit, NCG 020798 Johnston County Dee Freeman Secretary The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge Elimination System (NPDES) permit application for Howell Woods Sand Pit on July 7, 2011. The application included a copy of an expired mining permit from the Division of Land Resources (DLR). Please be aware that the issuance of an NPDES permit is contingent upon the renewal of the associated mining permit from DLR. Our office will process your stormwater permit application once a DLR mining permit has beer, issued for your project. Please provide the following additional information: 1. Information must be provided to demonstrate that mine dewatering will not have adverse effects on the wetlands. Also, see information about an 0&M Plan for pumping below. 2. Details and plans need to be provided for the sediment basin(s). Please also be aware that your project is located near wetlands. Your NPDES permit will require dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available on our website, http://portal.ncdenr.org/web/wq/ws/su/npdessw. See Part III, Section E of the permit. An approved Operation and Monitoring Plan is required for NPDES-permitted mining facilities and may be required prior to permit issuance. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. A Plan for your facility must be submitted to the Raleigh Regional Office within 60 days of your receipt of an NPDES permit. We encourage you to contact Lauren Witherspoon at the Raleigh Regional Office at (919) 791-4200 to address any wetland concerns for your facility in order to ensure a successful NPDES application review. Per the requirements of the Neuse Riparian Buffer Rule, all stormwater drainage to stream buffers, from portions of this site that have been constructed after July 22, 1997, must be discharged through a correctly designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B .0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stormwater BMP Manual, available at: http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. If you have any questions concerning the NPDES permit approval process, please contact me at telephone number (919) 807-6375, or at robert.patterson@ncdenr.gov. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location:512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623.5748 NorthCarohna Internet: www.ncwalerquality.org Naturalll�/ An Equal Opportunity 1 AfGrmaUve Action Employer Mr. James Sasser Howell Woods Sand Pit--NCG 020798 July 19, 2011 Sincerely, Robert D. Patterson, PE Environmental Engineer Stormwater Permitting Unit cc: Raleigh Regional Office, Lauren Witherspoon Central Files Stormwater Permitting Unit Files A1LVri)_VAVWA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary July 8, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1125 3339 Mr. James Sasser Johnston Community College 6601 Devils Race Track Road Four Oaks, North Carolina 27524 RE: Howell Woods Sand Pit Permit No. 51-35 Johnston County Neuse River Basin Dear Mr. Sasser: OI�G JUL 19 2011 We have reviewed the renewal and modification request your institution submitted for the referenced mine site. However, the following information is needed to continue processing your application: The renewal and modification fees ($1750.00 total) have not been submitted. Immediately pay the fees or the review process will be discontinued and the submitted materials returned to you. The permit will be considered expired and all mining activities will have to cease. The site will be required to be completely reclaimed. This is the second notice you have received regarding the fees. 2. Clearly label the buffers on the mine maps as undisturbed or unexcavated. Clearly label the undisturbed buffer length along the wetlands the northeastern side of the current permitted mine limit. 3. Provide construction details for the dewatering ditch and settling basin. Include supporting calculations if necessary and stabilization methods for the structures. Provide erosion and sediment control for the Permitted Plant and Stockpile Area. 4. Provide proof your institution has registered the water withdrawal rates with the Division of Water Resources. 1612 Mail Service Center, Raleigh, North,Carolina 27699-1612 • Telephone 919-733-4574I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http://www.dir.enr.state.nc.uslpagesilandqualitysection.html An Equal Opportunity I Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Certified Mail Mr. Sasser Page Two 5. Provide proof that your institution is in compliance with the Division of Water Quality rules and regulations. Provide proof that your institution has obtained any necessary permits and approvals from that agency. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses.. In order to complete the processing of your renewal and modification request, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section ,haf Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, L Ju ith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. John Holley, PE CMC-Bradley Bennett.-:_DWQ✓% AP. g-r NCDENR Nome+ C!n .. SUM MEH or E.mnonwcvr mD N4l1 ReRcee Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCG020000 FOR AGENCY USE ONLY Date Received Year I Month wy art1 01 O) Certificate of Coverage 01114 IS Check N Amount 1 a15 • 00. Permit Assigned to NOTICE OF INTENT National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: '. STORMWATER DISCHARGES associated with activities classified as:s SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) , The following activities are also included: �N • Active or inactive mining operations (including borrow pits —except for NCDOT borrow psis) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such o • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; and/or �� p • Mine dewatering (wastewater) JUL Z01� The following activities are specifically excluded from coverage under this General r ^_ • Stormwater discharges associated with peat mining, coal mining, and metal mining; aEands& • Stormwater discharges from mining operations which are intermixed on site with stormwater from operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For existin mining sites that require an Authorization to Operate (A TO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an N01). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC rg for to construction per 15A NCAC 2H .0138. Please see the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NGG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit at new orexisting mining sites requires submission of three (3) sets of plans and specifications signed Page 1 of 9 'As per 15A NGAC 2H .0106 Unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed and sealed by a P.E. SWU-NCG02-NOI Last revised 06/07/2010 NCG020000 N.O.I. and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the desisan calculations should be included. Please see questions 18 & 19. Tablel 5urriniary of Wastewater Permit Requirements ,Quarterly Requires ..;'Monitoring? A.to C? Mine: ewatering:(Md] Yes No_ Yes :IVo MD Discharges that do not need treatment other than E&5C to meet permit conditions' MD Discharges that need treatment other than ✓ ✓ E&SC to meet permit conditions Process; Wastewater;, Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process WW ✓ ✓ For �e contact the DWO Regional Office for your area. (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspond _ence_will _be_maiied): Owner Name jOComMUN1 C_O Owner Contact AM—i'-3 Street Address D I -Dr✓v,1rS IZAm iuAcv. -R� . City �UaZ DAV-15 _ _ State �}c ZIP Code Z'1 `Z Telephone No. C( i 9 1 Z Fax: q/ 4 Q30'0 ZZ E-mail Address _ Sam i Q IGuAWg:k S,_ n' - 2) Location of facility producing discharge: Facility Name qo l,Jz. _L WOOD S SAsyo Pu-( Facility Contact • At SA55EIL Street Address ta( D 1, t L,<, `MAC City q0UQ_ 0" State N L ZIP Code County JD N i o Telephone No. G t Ct 9 &A tZ- Fax: 19 -ozz Contact E-mail SGSS,eY Vyw!&dqj� W00C)6 •orb _ 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use sireet naines, state road numbers, and distance and direction from a roadway intersection). dry cvr45 1-?14C&T29Cr- Rya, AFPf2jX 1 r1 Weu, 0, 2 m bid (�o fz-n-L_6j = ,5- _ _uq s40 ' S Cxwss T?UUA�] 5 4) Latitude 7b --j -1" r Longitude (degrees, minutes, seconds) Page 2 of 9 SW U-N CG02-NOI Last revised 6/7/2010 NCG020000 N.4.1. Permits: 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin_ FL Existing ❑ New Permit not applicable — ATC request only. NPDES Permit Number 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: I * 4 U 7) Provide a narrative description of the types of minerals mined at this facility: -- 8) Is this mine an inactive mine site? W�No ❑ Yes If yes, do you posses an "Inactive Renewal' from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? Zes If No, please indicate the status of the Mining Permit application: If yes, please provide the Mining Permit number: 51 ,-35 copy of your DLR Mining Permit with this DWQ application. Please also provide a Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? Q"No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? LR"'No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Does total area of this mine site include ready -mix and asphalt areas? 10mNo ❑ Yes It yes, do they have DWQ stormwater permits (if owned by the same company)? ❑ No ❑ Yes (provide permit number ) If not owned by the same company, who is the owner? - 13) Will this mining operation precede development activities at this site? L7 No ❑ Yes 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? L� IV o Page 3 of 9 5WU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I, ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) is this mine located the Neuse, Tar-Pamilco, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? ❑ No R'Yes If yes, what size stream buffers are included on site? 50 ft. Please show buffers in site plans. Discharge Points, Receiving Waters & Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? of- NGvSE. 72tivU-11- 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). Receiving water classification (if known): Note: Discharge of process wastewater to receiving waters classified as WS-I1 to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 17) If your facility has wastewaler discharges and they are to HWQ, PNA waters (Primary Nursery Areas) waters, what is the flow rate? (See http://www.n(,.dmf.net/maps/FNA maps/index.html, for map; 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: Mine dewatering: Process Wastewater Overflow: Offsite: Stormwater: Mine dewatering: I Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: STosZbaW A-CESZ AN!) ��-0UN D UJ ei& 5 i(7T2_�) IN P%T A�t� �15CI Ci? a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No SKes If yes, where to? +✓ Surface Waters and/or Wetlands (on -site or off -site) Other (on -site or off -site) Describe: b) Are you dewatering but not discharging? (Answer only if you are dewatering) CYNo ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NCG02-NOI Last revised 6/7/2010 `NCG020000 N.O.I. 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ❑ No Q"Yes Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands — approval of a Pumping 0&M plan may be required prior to coverage under this general permit. The Pumping O&M Plan should be submitted to the appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited to. (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? ❑ No [Yes If yes, what distance are they from the mine pit perimeter? MIN , 50 feet. 21) Have you been required to obtain a 404f401 Certification permits? 2No D Yes If yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: 22) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? M" No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? ❑ No L"Yes If yes, please briefly describe: c1Z V� ScOt ISO V;Zo 16NJ CANJ-Ctio(. eLAti %?,J fAC- MwW4/ PERMt-( 24) Does this facility have a Stormwater Pollution Prevention Plan? , Ko ❑ Yes If yes, when was it implemented? 25) Will vehicle maintenance activities occur at this facility? ❑ No gKes Page 5 of 9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATCIATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or protect water quality standards). ❑ No Comes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed -loop recycle system) I-flo ❑ Yes If yes, answer the following questions for each 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)] 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 Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? C'No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? I�lo ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? CRlo ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg, or more of hazardous waste generated per month) of hazardous waste? 12"No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Page 6 of 9 5WLI-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 30) Are you applying for a mining permit in the same location as a previously permitted mine? C'No ❑ Yes If yes, specify permit number and name if known: 31) Does your site have an active landfill within the mining permit boundary? PfJo ❑ Yes If yes, specify type: ❑ LCID ❑ Other: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. ❑ No lr311yIes Final Checklist: This application will be returned as incomplete unless all of the following items have been included and initialed for, Please show that the following required information has been included by initialing in each space below. Fee of $100 made payable to NCDENA Completed application and all supporting documents Copy of the valid approved mining permit (MP) for the facility or indication of MP application status Copy of a county map or other general location map that shows the mining site and nearest major roads Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated A copy of your DLR mining permit A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 22 above. If mine site is in one of the 20 Coastal Counties, • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, include the following and contact your local regional office about a Pumping O&M Plan (see below for contact information). You may be required to provide an a proved Pumping O&M plan priorto NCG02 issuance. 2 copies of detailed Full Size Plans delineating areas on the plans and listing acreage (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). Well information (design, depths, maintenance) Physical monitoring for the wetlands areas Settling pond sizing information, if applicable Page 7 of 9 SWU-NCG02-NOI Last revised 6M2010 NCG020000 N.O.I. Level spreader design, if applicable Details about dewatering method Cone of influence calculations Description of measures to prevent erosion and flooding Description & information about 401/404 permits that have been obtained Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable) I have contacted my local regional office about a Pumping 0&M Plan. Regional Office Contact: Date contacted: -OR- bo" I will not any impact nearby wetlands, surface waters or groundwater by dewatering. If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table t on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Certification: North Carolina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies; tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. ! agree that maintenance activities for vehicles and heavy equipment wi!I be performed so as to not result in contamination of the surface or ground waters. Page 8of9 SWU-NCG02-NOI Last revised 6/7/2010 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. 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. J� Printed Name of Person Signing: VAIE Title: 0005C1700 WILALl.P1 _'r7,IDL0CAA "T (Signature (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. 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. For questions, please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office ......... (919) 807-6300 Page 9 of 9 SW U-NCG02-NOI Last revised 6/7/2010 TO �II.Tr Po a/1/ ��- GoPY p,�GGf�� l%45i ��-GTE CAROLINA GEOLOGICAL SERVICES, INC. August 3, 2011 Ms. Lauren Witherspoon DWQ Raleigh Regional Office�� 3800 Barrett Drive Raleigh, NC 27609 Subject: Notice of Violation #NOV-201 1 -DV-01 95 .'Howell Woods Mine, Johnston County Discharge Without a Permit Dear Ms. Witherspoon; Please find attached to this letter the Stormwater Pollution Prevention Plan and the Pumping Operation and Monitoring Plan for the above referenced site. As you know, we recently mailed a letter to you responding to the Notice of Violation for this site. The attached plans should supplement the information in that letter. The Stormwater Pollution Prevention Plan is a "work in progress", so if you have any comments or suggestions, we would appreciate your input. In fact, this is the only copy that we have at present, so if you don't need to keep it for your files, I would like to get it back from you after your review. I will then make the final version to be kept onsite. If you have any questions or wish to discuss this further, please contact me. Sincerely, James C. Izzell, Jr., PG Carolina Geological Services, Inc. AUG -32011 enclosures P.O. BOX 429, GARNER, NC 27529 (91 9)779-0017 FAX: (91 9)779-7227 OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC S. >I �.7 � � ':.:Y - � • ' . � , �J � � , • . � � �' i t i 1- • � +� 7 �, KU CAROLINA GEOLOGICAL SERVICES, INC. August 1, 2011 Ms. Lauren Witherspoon DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Subject: Notice of Violation #NOV-201 1 -DV-0 195 Howell Woods Mine, Johnston County Discharge Without a Permit Dear Ms. Witherspoon; I am writing on behalf of Mr. James Sasser of Johnston Community College in response to the Notice of Violation issued by your office on July 15, 2011 for the above referenced site. Mr. Sasser and Johnston Community College regards this NOV as a very serious matter and has taken every step to bring the site into compliance as quickly as possible. All mine dewatering discharges have stopped and will not resume until the site is in compliance with the Division of Water Quality. This site is located within the Howell Woods Environmental Learning Center, which is part of Johnston Community College. Howell Woods is a unique environmental campus, which serves to provide hands-on educational opportunities in wildlife management and forestry as well as ongoing environmental research across its professionally maintained hardwood wetland habitat. When the property was originally designed, it was decided to establish an aquatic/wetland area onsite for future research and study. A small existing sand mine was already located within the property, so it was decided that the aquatic/wetland research area could be constructed by expanding this sand mine. By expanding the sand mine, the pond would be enlarged for the aquatic area, while parts of the pond would be backfilled to construct wetland areas for research and study. Johnston Community College obtained a Mining Permit in 2000 to enlarge this area while subsequently constructing wetland areas for future research and study. The Reclamation Plan for the sand mine shows the planned aquatic areas as well as the planned wetland construction. Since Johnston Community College is obviously not in the sand and gravel mining business, they leased the sand mine to Mid -East Services, a local sand mining company. Mid -East Services began mining the site around 2003. P.O. Box 429, GARNER, NC 27529 (91 9)779-001 7 FAX: (91 9)779-7227 OFFICES AT 1 01 WEST MAIN STREET, GARNER, NC page two DWQ NOV The original Mining Permit Application stated that there would be no discharge of water from the mining area, and the DLR Mining Permit was written accordingly. As mining began, the operators determined that it would be better for them to discharge water from the mining area. They contacted the US Army Corps of Engineers to discuss the plan with them, and according to the operators, the Corps representative stated that they had no issue with the water discharge activity. Neither Mid -East Services nor Johnston Community College were aware that a NPDES General Stormwater Permit for Mining was required for this activity. They had assumed that their contact with the US Army Corps of Engineers was sufficient to keep them in compliance. Several weeks ago, Johnston Community College asked me to assist them with renewal of the DLR Mining Permit. When I had reviewed the Permit requirements, I realized that they were out of compliance by discharging mine dewatering wastewater without a permit. Therefore, when the Mining Permit Renewal Application was submitted, it also included a modification request to allow dewatering. In addition, as soon as the details of the dewatering activity were determined, an application (NOI) was submitted to DWQ for inclusion in the NPDES General Stormwater Permit for Mining on July 6, 2011. The system that has been utilized for discharge of the mine dewatering has been very effective in protecting the surrounding areas. In fact, the Howell Woods Environmental Center has made protection of the surrounding wetlands a priority since its beginning. The discharged water has passed through basins and or ponds sufficient to allow sediment to settle out prior to discharge. The current pond covers over 7 acres and is located within the previously mined area. The wetlands adjacent to the mine have benefited from the additional water from the discharge. In fact, the NCDENR Environmental Enhancement Program (EEP) established a Wetland Restoration Area immediately adjacent to the mine in 2001. Detailed studies and observations since that time have confirmed that the wetlands have thrived and become well established in this area. As required by the NPDES General Permit, a Stormwater Pollution Prevention Plan has been written for this operation. It has further details on the sediment and erosion control best management practices as well as the details of wetland protection and enhancement. page three DWQ NOV We want to emphasize again that Johnston Community College and the Howell Woods Environmental Learning Center is a leader in environmental education and wetlands research. They take this Notice of Violation very seriously and wish to be proactive in providing whatever information you need to bring this site back into compliance. Since the NPDES General Stormwater Permit application (NOI) was sent to DWQ on July 6, your office should be reviewing it by this time. Please note that we have also prepared a draft Stormwater Pollution Prevention Plan and an Operation and Monitoring plan in accordance with the NPDES Permit requirements. These plans provide assurance this mining operation will remain in compliance with all requirements of the NPDES permit. If you have any questions or wish to discuss this further, please contact me. Sincerely, clez�' 44- James C. Izzell, Jr., PG Carolina Geological Services, Inc. enclosures VA ,Q:=�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary July 15, 2011 CERTIFIED MAIL #7010 1870 0001 3423 0643 RETURN RECEIPT REQUESTED James G. Sasser JCC Howell Woods 6601 Devils Racetrack Road Four Oaks. NC 27524 Subject: NOTICE VIOLATION NOV-201 I-DV-0195 Howell Woods Mine Johnston County Discharge without at Permit/Failure to Secure a NCG020000 - Stormwater General Permit Dear Sir: On June 21, 2011, N.C. Division of Water Quality (DWQ) personnel Lauren Witherspoon from the Raleigh Regional Office conducted a site inspection at the Howell Woods Mine located off of Devils Racetrack Road in Johnston County, North Carolina. The site is in the Ncuse River, Class WS-IV NSW Waters, in the Ncuse River Basin. During the June 21, 2011, site visit DWQ staff observed mine water discharging to waters of the State. A file review and discussions with Division of Land Resources (DLR) confirmed that this facility is a mine, it is in operation and it does have a DLR mining permit that is currently up for renewal. further, stormwate rlprocess waters that are dewatered from mining operations are required to be permitted by the Division of Water Quality. Specifically, there is a requirement for DLR approved (permitted) mine sites to submit a Notice of Intent application, application fee, and respectively secure coverage under a general stormwater permit for mines (NCG020000). A subsequent DIXfQ file review confirtned that this facility is in operation without a DWQ issued discharge permit, As a result of the site inspection and file review, the followitg violation, described below, is noted: Item 1. Discharging Without a Permit - Failure to Secure a NCGO20000 -- Stormwater General Permit The above mentioned discharge and failure to have properly secured a mining permit prior to discharge constitutes the following; violation of North Carolina General Statute: NCGS 143-215.1 (a) Activities for Which Permits Required, — No person shall do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the permit: (1) make any outlet to the waters of the State. one NorthCarolina - �7Uatrrra!!� North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internee. www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699.1628 FAX (919) 788-7159 877-623-6746 An Equal OpportunitylAffirmstfve Action Employer — 50% Recycled110% Post Consumer Paper Page 2 of 3 Howell Woods Mine A NPDES General Permit NCG020000 has not been secured in accordance with the provision of North Carolina General Statute 143-215 (a) (1). This General Permit is applicable to point source discharge outfalls associated with mining and quarrying of nonmetallic minerals (except fuels), land disturbance, and vehicle maintenance; mine dewatering wastewater discharge outfalls; wastewater discharge out -falls from sand and/or gravel operations; nondischarging closed loop recycle systems; and process recycle wastewater discharge outfalls. To be covered under this General Permit one must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a ccrti Ficate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering or process wastewater that has a point source discharge to the surface waters of the state. Required Response You are directed to respond to this letter in writing within 30 days of receipt. You arc encouraged to secure a consultant to assist you with your response necessary to achieve compliance. 1. Please explain when the mine became active and how long the mine has been in operation. In addition, please explain how long the discharge has been occurring in on -site wetlands. 2. Please explain in your response when you are going to apply for DWQ's stormwater general permit (NCGO20000). 3, Attached is a copy of the permit application (NOI). Also; you may Find this NOI electronically along with a technical bulletin at our website. 4. Please note: if you obtain a General Mining Permit (N00020000) from DWQ the discharges allowed by this permit must meet applicable wetland standards as outlined in I5A NCAAC 2B .0230 and .0231, water quality certification requirements as outlined in 15A NCAC 2H .0500, and can not contribute to violations of Water Quality Standards. Submit Requested Items To: Lauren Witherspoon DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, INIC 27609 Thank you for your attention to this matter. This office requires that the violations, as described above, be properly resolved. These violations and any future violations arc subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Your above -mentioned response to this correspondence will be considered in this process. Environmental damage and/or failure to secure proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to solve ongoing environmental issues. Should you have any questions regarding these matters, please contact Lauren Witherspoon at (9 t9) 791- 4200. Sincerely, F ' Danny Smith Raleigh Regional Supervisor Surface Water Protection Section r ♦ - -w-n Ai TM== NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director July 15, 2011 CERTIFIED MAIL 47010 1870 0001 3423 0643 RETURN RECEIPT REOUESTED James G. Sasser JCC Howell Woods 6601 Devils Racetrack Road Four Oaks, NC 27524 Subject: NOTICE VIOLATION Dear Sir: Dee Freeman Secretary NOV-2011-DV-0145 Howell Woods Mine Johnston County Discharge without at Permit/Failure to Secure a NCG020000 - Stormwater General Permit On June 21, 2011, N.C. Division of Water Quality (DWQ) personnel Lauren Witherspoon from the Raleigh Regional Office conducted a site inspection at the Howell Woods Mine located off of Devils Racetrack Road in Johnston County, North Carolina. The site is in the Neuse River, Class WS-IV NSW Waters, in the Neuse River Basin. During the June 21, 2011, site visit DWQ staff observed mine water discharging to waters of the State. A file review and discussions with Division of Land Resources (DLR) confirmed that this facility is a mine, it is in operation and it does have a DLR mining permit that is currently up for renewal. Further, storm waterlprocess waters that are dewatered from mining operations are required to be permitted by the Division of Water Quality. Specifically, there is a requirement for DLR approved (permitted) mine sites to submit a Notice of Intent application, application fee, and respectively secure coverage under a general Stormwater permit for mines (NCG020000). A subsequent DWQ file review confirmed that this facility is in operation without a DWQ issued discharge permit. As a result of the site inspection and File review- the following violation, described below, is noted: Item I. Discharging Without a Permit - Failure to Secure a NCG020000 — Stormwater General Permit The above mentioned discharge and failure to have properly secured a mining permit prior to discharge constitutes the following violation of North Carolina General Statute: NCGS 143-215.1 (a) Activities for Which Permits Required. — No person shall do any of the following things or carry out any of the following activities unless that person has received a pert -nit from the Commission and has complied with all conditions set forth in the permit: (1) make any outlet to the waters of the State. one N rthCarolina - — - - Amirally North Carolina Division of Water duality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 788-7159 877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper �:ra• Page 2 of 3. ,a:x f� Howell Woods M ne'°'y' 4 4 A NPDES General Permit NCG020000 has not been secured in accordance with the provision of North Carolina General Statute 143-215 (a) (1). This General Permit is applicable to point source discharge outfalls associated with mining and quarrying of nonmetallic minerals (except fuels), land disturbance, and vehicle maintenance; mine dewatering wastewater discharge outfalls; wastewater discharge outfal Is from sand and/or gravel operations; nondischarging closed loop recycle systems; and process recycle wastewater discharge outfalls. To be covered under this General Permit one must register with the Division of Water Quality by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering or process wastewater that has a point source discharge to the surface waters of the state. Required Response You are directed to respond to this letter in writing within 30 days of receipt. You are encouraged to secure a consultant to assist you with your response necessary to achieve compliance. Please explain when the mine became active and how long the mine has been in operation. In addition, please explain how long the discharge has been occurring in on -site wetlands. 2. Please explain in your response when you are going to apply for DWQ's stormwater general permit (NCG020000). 3. Attached is a copy of the permit application (NOI). Also, you may find this NOI electronically along with a technical bulletin at our website. 4. Please note: if you obtain a General Mining Permit (NCG020000) from DWQ the discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAAC 2B .0230 and .0231, water quality certification requirements as outlined in 15A NCAC 2H .0500, and can not contribute to violations of Water Quality Standards. Submit Requested Items To: Lauren Witherspoon DWQ Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Thank you for your attention to this matter, This office requires that the violations, as described above, be properly resolved. These violations and any future violations are subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Your above -mentioned response to this correspondence will be considered in this process. Environmental damage and/or failure to secure proper authorizations have been documented on the subject tract as stated above. Your efforts to undertake activities to bring the subject site back into compliance is not an admission, rather it is an action that must be taken in order to begin to solve ongoing environmental issues. Should you have any questions regarding these matters.. please contact Lauren Witherspoon at (919) 791- 4200. Sincerel ,�,� �-,•dry/ Danny S Iz Raleigh Regional Supervisor Surface Water Protection Section _ t Page 3 of") Howell Woods Mine cc: WeBSCaPe — Niki Maher— 1617 Mail Service Center RRO a reWa reW Quality-Files� Thad Valentine — DLR RRO Jen Jones — Wetlands and Stormwater Branch — 1617 Mail Service Center North Carolina Department of Environment and Natural Resources Michael F. Easlev, Governor William G. Ross Jr., Secretary Charles H. Gardner, P.G., P.E. Director and State Geologist June 13, 2001 Mr. James S. Sasser Johnston Community College 6601 Devils Race Track Road Four Oaks, North Carolina 27524 RE: Permit No. 51-35 Howell Woods Sand Pit - Johnston County Neuse River Basin Dear Mr. Sasser: ern NCDENR Division of Land Resources Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted acreage to 139.1 acres and increase the affected acreage to 77.9 acres at this site as indicated on the Mining Plan and supplemental information dated December 2000. A copy of the renewed and modified permit is enclosed. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. The new expiration date is June 11, 2011. As a reminder, your permitted acreage at this site is 139.1 acres and the amount of land you are allowed to disturb is 77.9 acres. Please review the renewed and modified permit and advise this office at (919) 733- 4574 should you have any questions concerning this matter. Since ely, Tracy E. avis, P.E., C.P.M. State Mining Specialist Land Quality Section TED/jw Enclosures cc: Mr. John Holley, P.E. Ms. Monika Sharma-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerrinaer-DOL Mine and Quarry Bureau, w/o enclQ�s Land Quality Section (919) 73 - 1 ax I'Jj'J) '= i-3�7h l�cU .thrcal >urrev JCcuon I9I °1 } 13-_�_ Fax (9 ir)) 1612 Mail Service Center, [Znlei,h. North Carolina 2-699-1612 Division .)I'Land Resources 0)1'1) 7-:-3S;_ Fax! (919) 715-88[}1 !'I+Vf"I'1' r\F-FIRNIA !.'EAC' FION17NI-ON'i=ft t;,,;cli:1'�l.Ei)'1W. N)S't'C'7`SI:SIF}tl':11'I:i'. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and -other applicable laws, rules and regulations Permission is hereby granted to: Johnston Community College Howell Woods Sand Pit Johnston County - Permit No. 51-35 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of ail lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 11, 2011 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the [and and water affected by the permitted mining operation. This permit is - expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both. operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. in the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a nearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications June 11 2001: This permit has been modified to increase the permitted acreage to 139.1 acres and increase the affected acreage 77.9 acres at this site as indicated on the Mining Plan and supplemental information dated December 2000. Expiration Date This permit shall be effective from the date of its issuance until June 11, 2011. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: PERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 250 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent - sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall be conducted as indicated on the Mine Plan dated December 2000. 5. All affected area boundaries (77.9 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device: In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as, to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer(minimum of 250 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. Page 4 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of'disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $5,100.00 Assignment of Savings Account and a $45,500.00 Assignment of Savings Account (totaling $50,600,00) is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. Page 5 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, 'The.Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPR VED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By-G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility,of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and as indicated on the Typical Cross Sections Sheet No. X dated December 2000 or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. Page 3 4 D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seedier Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Soil Amendments Species Rate. Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop I. Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime- 2000 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining 'of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued April 13, 2000, is hereby modified and renewed this 11th day of June, 2001 pursuant to G.S. 74-52. B J. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources