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/
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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
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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.
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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.
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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.
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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