HomeMy WebLinkAboutNCG020857_COMPLETE FILE - HISTORICAL_20190326STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/v a CM-7
DOC TYPE
Cj( HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ C9 0) � D 3 0 to
YYYYMMDD
Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Go
DONALD R. VAN DER VAART
Se,,rarr
S. .lAY ZIMMERMAN
ulrav1„
PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
Permit Number:NCGO 2/ 0/ 8/ 5/ 7
1. Facility Name: Cahoon Mine
II. NEW OWNER/NAME INFORMATION:
1. This request for a name change is a result of:
x a. Change in ownership of property/company
b. Name change only
c. Other (please explain):
2. New owner's name (name to be put on permit):
HOM Development, LLC
or NCG5_/_/_/_/_
RECEIVED
1A111k 26 2019 �M
LF
DENR-LAND QUALITY
STORMWATER PERMITTING
3. New owner's or signing official's name and title: Jamie Basnight Hatchell
(Person legally responsible for permit)
Manager, HOM Development, LLC
(Title)
4. Mailing address: e0 Box 2405 City: Manteo
State: NC Zip Code: 27954 Phone: ( 252 ) 473-6074
E-mail address: Jamie@hatchellconcrete.com
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION UNLESS ALL OF THE
APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application form
2. Legal documentation of the transfer of ownership (such as a property deed, articles of
incorporation, or sales agreement)
[see reverse side of this page for signature requirements]
State of North Carolina I EnVironmental Quality I Water Resources
1617 Mail Sen-icc Center i Raleigh. NC 27699-1617
919 907 6300 919-807-6389 FAX
hops://deq.nc.gov/abouddivisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits
NPDES Name & Ownership Change
Page 2 of 2
Applicant's Certification:
Jamie Basnight Hatchell , attest that this application for a
name/ownership change has been reviewed and is accurate and complete to the best of my
knowledge. I understand that if all required parts of this application are not completed and that
if all required supporting information and attachments are not included, this application
package will be returned as incomplete.
Signature: �� YX IYCcJU� 1\ Date:March 21, 2019
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
NC DEQ / DWR I NPDES
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mining Permit #28-15, Cahoon Mine,
Version 712016
STATE OF NORTH CAROLINA )
PURCHASE AND SALE
COUNTY OF DARE ) AGREEMENT
AGREEMENT made this �l _ day of _ 20/r? between, HOM Industry.
LLC "Purchaser, Buyer", and CresCom Bank d/b/a First South Bank, "Seller".
Purchaser agrees to buy and Seller agrees to sell, all that lot or parcel of land, with the
buildings and improvements thereon, if any, situate at approximately 34.5 acres located at 18788
Hwy 64 East Lake NC TMS #015089-000 and 017549-000 as shown on Exhibit "A"
("Property").
Subject to all easements and covenants of record (provided they do not make the title
uninsurable) and to all governmental statutes, ordinances, rules and regulations.
The purchase price is One Hundred Twenty Five Thousand and No/100s
($125,000.00) to be paid as follows: $5,000.00 herewith "Deposit" which is nonrefundable other
than the contingencies listed in the Contingency Section below, and has been paid directly to
escrow account of, Chip Edwards, esouire "Escrow Agent", and the balance of $120,000.00 upon
delivery of the deed as hereinafter provided, or such remaining amount as is due based on the
Additional Deposit required in Contingency Section below. No interest shall be paid on the
deposit.
Seller shall pay deed stamps and other traditional Seller paid items, all other
closing costs shall be responsibility of the Pt
property assessments, water and sewer charges,
date of delivery of the deed.
chaser. Taxes, homeowners dues, and other
rents and other items shall be adjusted as of the
Seller agrees to convey by insurable title, and deliver a special warranty deed, with all
stamps affixed thereto. Buyer accepts the property AS IS. Closing shall occur on or before Jan
31, 2018. However, if this transaction has not been closed within the stipulated time for a reason
that is no fault of either party, then both parties agree to extend this agreement for a period not to
exceed 5 days. In the event that transaction has not been closed under these terms, this contract
shall immediately become void without further consent of the Purchaser and Purchaser shall have
no further recourse against the Seller.
This offer shall be good until 12 o' clock PM on January 22, 2018, and shall expire
unless executed by both Seller and Purchaser prior to that time. Time is of essence.
Purchaser acknowledges that Purchaser has made an onsite inspection of the Property and
accepts the Property AS IS where is with all faults and a no warranties of any kind from the
Seller.
Seller and Purchaser agree to hold each other harmless from any other claims for real
estate commission that may arise from this transaction.
This sale is CONDITIONED upon:
Purchaser may cancel this Contract by written notification to the Seller for
any reason on or before Jan 26, 2017, which time the Deposit shall be
Contract r �1
Page 1 1/V(t)f I`t1t1J�
nonrefundable for any reason. The Purchase Price shall be credited for
such amount.
• In the event that the Seller or Purchaser cancels the Contract for any
reason, Purchaser agrees to provide ALL information gathered by the
Purchaser related to the Property including any third party reports,
permits, plans, surveys, appraisals or other information and hereby
instructs such third party providers to deliver such work directly to the
Seller at the Seller's request. Purchaser shall be responsible for payment to
all third parties providing such information including but not limited to:
engineers, appraisers, consultants, government bodies and agencies and here
by indemnifies the Seller for any responsibility thereto. Such information
shall be delivered by the Purchaser within 20 days of the Seller's request.
• Contract is subject to satisfactory cancellation of the Sand Mining
Agreement dated 2/13/12 between Seller and First South Bank and F&H
Land Development, Inc. to the satisfaction of the Buyer and the Seller in
their sole discretion.
• Buyer agrees to pay one half of the payoff due on the loan to F&H Land
Development, Inc. H8500001062 in the principal amount of $22,034.08 at
closing. Seller shall pay the remainder one half of the payoff from sales
proceeds.
• Seller makes no representation as to the volume, quantity or quality of the
sand or other minerals that may be on the Property. Seller makes no
representations as to the type or validity of the mining permits related to the
Property however agrees to cooperate with the Purchaser to transfer any
permits that may exist. Purchaser acknowledges that personal property on
the site is not part of this agreement and may belong to F&H Land
Development, Inc. as referenced in the contingency section of this document
and agrees to allow F&H to remove such property from the site after
closing.
CONDITION OF PROPERTY: PURCAHSER ACKNOWLEDGES THE PROPERTY
WAS FORECLOSED ON BY THE SELLER AND THE IMPROVEMENTS ON THE
PROPERTY HAVE NOT BEEN OR MAY NOT BE COMPLETED. BUYER
ACKNOWLEDGES THAT SELLER HAS MADE NO REPRESENTATIONS
REGARDING THE CONDITION OF THE PROPERTY. BUYER IS RELYING SOLELY
ON THEIR ON JUDGMENT AND INVESTIGATIONS AND INSPECTIONS OF THE
PROPERTY IN MAKING THEIR DECISION TO PURCHASE THE PROPERTY. SAID
PREMISES SHALL BE CONVEYED TO THE BUYER IN A STRICTLY "AS IS"
CONDITION. SELLER MAKES NO WARRANTIES AS TO THE CONDITION OF
SAID PROPERTY. THIS PROVISION SHALL SURVIVE CLOSING. BUYER
ACKNOWLEDGES SELLER IS NOT THE CONTRACTOR THAT CONSTRUCTED
THE IMPROVEMENTS ON THE PROPERTY AND THEY WAIVE ANY RIGHT TO
MAKE A CLAIM THAT SELLER HAS ANY RESPONSIBILITY BASED ON THE
CONSTRUCTION OF THE IMPROVEMENTS. THIS PROVISION SHALL SURVIVE
CLOSING.
Upon default by the Purchaser, the Deposit paid this date will be forfeited as liquidated damages
in addition Seller shall be entitled to demand specific performance and other remedies both legal
and equitable including attorney's fees and court costs. Upon default by the Seller, Purchaser
Contract
Page 2
shall be repaid all sums paid hereunder, and in addition, shall be reimbursed for his reasonable
expense of title examination and have no further recourse against the Seller.
Mediation: If a dispute arises out of or relating to this Purchase and Sale Agreement the Seller
and Purchaser shall endeavor to settle the dispute first through direct discussions. If the dispute
cannot be settled through direct discussions, the parties shall settle the dispute through mediation
pursuant to the North Carolina Rules of Mediation. A mediator shall be chosen by each party and
if an agreement is not reached by the parties the mediators shall choose a third mediator that will
mediate the matter. The parties agree to conclude such mediation within forty five (45) days of
the filing of the Request for Mediation. The location of any mediation shall be in Brunswick
County, North Carolina.
Arbitration: Any dispute not resolved by mediation shall be resolved by binding arbitration in
accordance with the North Carolina Rules of Arbitration. An arbitrator shall be chosen by each
party and if an agreement is not agreed by the parties then arbitrators shall agree to a third
arbitrator that will make the final arbitration ruling. The parties agree to conclude such arbitration
within 45 days of the filing of the Request for Arbitration. Judgment on the Arbitration Award
rendered by the arbitrators may be entered in any Court having jurisdiction thereof. The location
of any arbitration shall be Brunswick County, North Carolina. Purchaser acknowledges that this
arbitration provision is a material provision of this Agreement and that Seller would have not
entered into this Agreement without this provision.
GENERAL PROVISIONS:
a. This written Agreement, including all Exhibits attached hereto and documents to
be delivered pursuant hereto, shall constitute the entire Agreement and understanding of the
parties, and there are no other prior or contemporaneous written or oral agreements, undertakings,
promises, warranties or covenants not contained herein.
b. This Agreement may be amended only by a written memorandum subsequently
executed by all of the parties hereto.
C. No waiver of any provision or condition of this Agreement by any party shall be
valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any
other or similar provision or of any future event, act or default. No conduct or course of action
undertaken or performed by the parties shall have the effect of or be deemed to have the effect or
modifying, altering or amending the terms of this Contract unless such change or modification is
agreed to in writing by both the Seller and the Purchaser.
d. In the event that any provision of this Agreement shall be unenforceable in whole
or in part, such provision shall be limited to the extent necessary to render the same valid, or shall
be exercised from this Agreement, as circumstances require, and this Agreement shall be
construed as if said provision had been incorporated herein as so limited, or as if said provision
had not been included herein, as the case may be.
e. Headings of paragraphs are for convenience of reference only, and shall not be
construed as a part of this Agreement.
f. This Agreement is binding on the parties hereto and on their several successors,
heirs, executors or administrators, as the case may be.
Contract
Page 3
g. This Agreement shall be governed in all respects by the internal laws of the State
of South Carolina.
h. This Agreement may be executed in any number of counterparts, any or all of
which may contain the signatures of less than all of the parties, and all of which shall be
construed together as but a single instrument.
i. Seller and Buyer do hereby covenant and agree that documents as may be legally
necessary or otherwise appropriate to carry out the terms of this agreement shall be executed and
delivered by each party at the closing.
j. That all covenants, agreements, warranties, obligations, contingencies,
certificates, opinions, or any other writing as pertinent to this Contract of Sale and transaction as
applicable thereto, shall survive the closing and shall not be subject to waiver, and strict
compliance shall be had therewith.
Time is of the essence in this Contract of Sale.
This agreement constitutes the entire contract and can only be changed by written
agreement between the parties. Any dispute of claim arising out of this contract shall be
submitted for mediation.
The stipulations aforesaid are to apply to and bind the heirs, executors, administrators,
successors and assigns of the respective parties.
In the Presence of:
HOM cI-n/Idduu'stry, LLC
G% ✓ LJW `
By
Purc aser
By:
Purchaser
By:
CresCom B 4 d/b/a First S
Cha sJ. "J f hlig, Jr.
I c Pr ident
Chief Credit Officer
4000t-
Contact
Page 4
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1 0 Division of Energy, Mineral & Land Resources USE ONLY
�A Land Quality Section/Stormwater Permitting Year
��a��s'� National Pollutant Discharge Elimination System
�o..a .,...� PERMIT NAME/OWNERSHIP CHANGE FORM DENR•NDLA
.�.,M �.w 1 „ QUALITY
STORMWATER PERMITTING
I. Please enter the permit number for which the change is requested.
NPDES Permit (or) Certificate of Coverage
0 N C G o 2 D 8 5
II. Permit status prior to requested change.
a. Permit issued to (company name):
b. Person legally responsible for permit: mar. as VAN-J
First M Last
Title
�O _?Sooc 2t:34 7
Pennit Bolder Mailing Address
WaSg t rG,7 �/ n(C, 27PP9
City state Zip
(2�r_2) 4'k -3bg79
Phone Fax
c. Facility name (discharge): GA40 o.! M I 4 E
d. Facility address: US is w / ZG Ncx � CAsr �gf=
nd
EAcs r 4_A� E- NC- a jyS3
City State Zip
e. Facility contact person: Z=L'-4 ( 2r2) 1'F0 'yjZz
first / MI / Last Phone H p�
c r:
III. Please provide the following for the requested change (revised permit). bV
a. Request for change is a result of: ❑ hange in ownership of the facility Q, 0
, Nanie change of the facility or owner }'0
L
If other please explain: Ch A>t G E o e l2ESPod s oFF I ct C_ (9 1
b. Permit issued to (company name):
c. Person legally responsible for permit: t= I dCC—
First MI Last
�%7e2Es / Lt�(r 16 (f E70
Title
�E0 .,< ZoV-%
Permit Bolder Mailing Address �r
V.(G\�S hl t i4 CY T-0 r 1 I\(z—
CCity State I Zip
417
�% 1
(�te^ 179-
Phone E-mail Address
d. Facility name (discharge): Ot}W6-0-4 H t .4
c. Facility address: U—S 4,0 Z t �N �ic4r LA cE)
�. .Address
t=�st- tom-i� t tc, a794-3
City _ state Zip
f. Facility contact person: E CRc ✓G��
First MI Last
(2+ 2-) 4 - sZ?2& s�r ✓r v �h; y��
Phone E-nwil Address CAx
IV. Permit contact information (if different from the person legally responsible for the permit)
Revised Jan. 27, 2014
m
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact:
First MI Last
Title
Mailing Address
City State Zip
Phone E-mail Address
V. Will the permitted facility continue to conduct the same industrial activities conducted prior
tot s ownership or name change?
Yes
❑ No (please explain)
VI. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
❑ This completed application is required for both name change and/or ownership change
requests.
❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
.......................................................................................................................
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
1, attest that this application for a name/ownership change has been reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
ate
APPLICANT CERTIFICATION
1, , attest that this application for a nameiownership change has hear, reviewed and is accurate and
complete to the best of my knowledge. I understand that if all required parts of this application are not
completed and that if all required supporting information is not included, this application package will be
returned as incomplete.
Signature
Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Revised Jan. 27, 2014
Permit Number NCG020857
Program Category
NPDES SW
Permit Type
Mining Activities Stormwater Discharge COC
Primary Reviewer
larry.wade'
Coastal SWRuie
Permitted Flow
Facility
Central Files: APS _ SWP _
4/23/2014
Permit Tracking Slip
Status
Project Type
Active
New Project
Version
Permit Classification
1.00
COC
Permit Contact Affiliation
Facility Name
Major/Minor Region
Cahoon Mine
Minor Washington
Location Address
County
US Hwy 64 Near E Lk
Dare
East Lake NC 27953
Owner
Owner Name
First South Bank
Dates/Events
Facility Contact Affiliation
Steve Gruninger
PO Box 2047
Washington NC 27889
Owner Type
Non -Government
Owner Affiliation
Thomas A. Vann
& CEO President
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
4/23/2014 12/20/2013 4/23/2014 4/23/2014 4/23/2014 12/31/2014
Regulated Activities Requested /Received Events
Mine dewatering RO staff report received 4122114
Mining activities - stormwater discharges RO staff report requested 2/11/14 ✓
Outfall 100
Waterbody Name Streamindex Number Current Class Subbasin
Alligator River 30-16-(21.5) SC;Sw 03-01-51
Pat McCrory
Governor
�itA
NCDENR
North Carolina Department of Environment and Natural Resources
April 23, 2014
John E. Skvarla, III
Secretary
Mr. Steve Gruninger
First South Bank
1311 Carolina Avenue
Washington, NC 27889
Subject: General Permit No. NCG020000
- Cahoon'Mine
COC NCG020857:
Dare County
Dear Mr. Gruninger:
In accordance with your .application for. a discharge.permit received on February 21,
2014, 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).
This certificate of coverage is not transferable. If the facility changes ownership or is
closed, the Division of Energy Mineral & Land Resources may require modification, revocation
or reissuance of the certificate of coverage.
Please be aware that mine dewatering at your site has the potential to impact adjacent
wetlands. The specific requirements for mine dewatering at facilities near wetlands can be
found in Part 111, Section E of your permit. You must have an approved Operation and
Monitoring Plan before mine dewatering discharges occur at your facility. Discharging
mine dewatering wastewater without Plan approval will be subject to enforcement action. An
Operation and Monitoring Plan for your facility must be submitted to the Washington
Regional Office within 60 days of your receipt of this permit. Contact Pat McClain at the
Washington Regional Office at (252) 946-6481 for more information about the approval
process.
Please note that mine dewatering wastewater includes wet pit overflows caused
solely by direct rainfall and groundwater seepage for this type of mining operation. Any
discharge of this water (and any stormwater commingled with it) is subject to the effluent
limitations in this permit.
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section - Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Ir/
An EquallOpportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper
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 not combined with mine dewatering water), you will be .
required to adhere to the conditions in this permit for stormwater discharges.
This project is located in one of North Carolina's 20 coastal counties. Coastal
stormwater management rules (15A NCAC 2H .1000) may require an additional State
Stormwater Permit (different from the NPDES mining activities discharge permit). Please
contact Pat McClain in the Washington Regional Office at (252) 946-6481 to determine if:, -
you will be required to submit an application for a State Stormwater permit.W.
This permit does not affect the legal obligation to obtain other permits which -maybe.:•: -
required by the Division of Energy, Mining, and Land Resources, or any other federal,:state,:orr:
local authorities.
Ifyou have any questions concerning this permit, please contact Larry Wade PE at
telephone number (919) 807-6375, or email at larry.wade@ncdner.gov.: -
Sincerely,
for Tracy E. Davis, P.E.
cc: Washington Regional Office
Central Files
Stormwater Permitting Program Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCGO20000
CERTIFICATE OF COVERAGE No. NCG020857
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,
First South Bank
is hereby authorized to discharge stormwater and mine dewatering wastewater from a
facility located at
Cahoon Mine
18788 US 64
East Lake
Dare County
to receiving waters designated as Alligator River, a class SC;Sw water in the Pasquotank
River Basin, in accordance with the effluent limitations, monitoring requirements, and
other conditions set forth in Parts 1, II, 111, IV, V, and VI of General Permit No. NCG020000 as
attached.
This certificate of coverage shall become effective April 23, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 23, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
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NCG020857
Map Scale 1:24, 000
First South Bank
Cahoon Mine
Latitude: 350 53' 08" N
Longitude: -75' 57' 05" W
County: Dare
Receiving Stream: Alligator River
Stream Class: SC;Sw
Sub -basin: 03-01-51 (Pasquotank River Basin)
"W7
Facility Location
&01% WI LLI A M S
��� f�.ucironun•nud & (�r�di�.;ical Sc•rricc•s rii�
December 19, 2013
Stormwater and General Permits Unit
NCDENR
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699
RE: Cahoon Mine
Mine Permit No. 28-15
Dare County
Stormwater and General Permits Unit,
Voice I Fax (800) 240-8550
P.O. Box 190
Balh, NC 27808
www.WilliamsEGS.com
Enclosed are two copies of an application to dewater and discharge at the Cahoon
Mine in Dare County.
This is an existing mine site and is operating under mining permit No. 28-15. The
mine operator is proposing to dewater the pit areas from time to time and discharge no
more than 150,000 gallons of water on any given day. The discharge will be on site at the
center back of the site as indicated on the enclosed Mine Maps.
It is my belief that no impact will occur to any wetlands, surface waters or
groundwater by the dewatering activities.
If you have any questions, please feel free to give me a call.
Sine ely /� , J
�� U t /G✓
Floyd R. Williams PG, CPESC, CPG
Enclosures: Two Copies of Application and Maps
First South Bank Check No. 20025056 for $100.00
CC: Mr. Steve Gruninger — First South Bank 2 Q 2�13
DEC
DEW- WAZ�RDap IERBO
�npttDS AND S1 I
Wade, Larry
From: Edgerton, Thom
Sent: Tuesday, April 22, 2014 10:04 AM
To: Bennett, Bradley; Floyd@williamseg.com; Wade, Larry
Cc: Mcclain, Pat; Novak, Gary; Wehner, Judy; Tankard, Robert; Scarbraugh, Anthony
Subject: FW: O & M plan for the Cahoon Mine in Dare County
Attachments: Cahoon Mine 0 & M Plan.docx; 28-15 DWR Review Sheet.pdf
Hello,
Please accept this message which included O&M approval (See below and the attached), as well as to provide the WaRO
DEMLR recommendation for permit issuance of NCG020857.
Let me know if you need additional information.
Thanks,
Thom
Thom Edgerton, Environmental Engineer
North Carolina Department of Environment and Natural Resources (NCDENR)
Division of Energy, Mineral, and Land Resources (DEMLR)
Land Quality Section (LQ)
Washington Regional Office (WaRO)
943 Washington Square Mall
Washington, NC 27889
(252)948-3963 Phone
(252) 975-3716 Fax
E-mail correspondence may be subject to the North Carolina Public Records Law and may be disclosed to third parties.:�t.
From: Tankard, Robert
Sent: Monday, April 21, 2014 2:32 PM
To: Mcclain, Pat; Wehner, Judy; Bennett, Bradley; Novak, Gary; Edgerton, Thom
Cc: Scarbraugh, Anthony; Scheller, Roberto
Subject: FW: 0 & M plan for the Cahoon Mine in Dare County
Judy and Bradley, here are DWR's comments for the Cahoon Mine.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: 252-948-3921
Fax: 2S2-975-3716
E-mail: robert.tankard@ncdenr.00v
http://www.ncwater.org/
E-mail correspondence to and from this address may bz subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Scarbraugh, Anthony
Sent: Monday, April 21, 2014 2:04 PM
To: Tankard, Robert
Subject: FW: 0 & M plan for the Cahoon Mine in Dare County
0& M Review for Cahoon mine
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252)948-3924
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 unless the content is exempt by statue or other regulation.
From: Floyd Williams[mailto:FloydwilliamslCalgmail.com]
Sent: Monday, April 14, 2014 10:31 AM
To: Scarbraugh, Anthony
Subject: O & M plan for the Cahoon Mine in Dare County
Anthony,
Attached is the O & M plan for the Cahoon Mine in Dare County. Please look it over and let me know if it is
OK. 1 will be in Washington later this afternoon and plan to visit the DENR Office. If you are around and have
time to discuss this that would be great.
Thanks,
Floyd
Wade, Larry
From:
Mcclain, Pat
Sent:
Friday, March 14, 2014 2:37 PM
To:
Wade, Larry
Cc:
Edgerton, Thom; Scarbraugh, Anthony; Novak, Gary; Wehner, Judy
Subject:
FW: NCG020857 Cahoon Mine
Attachments:
NCG020857 NOI.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Categories: Red Category
Larry,
In reviewing the comments from DWR on this site, they have indicated concerns about dewatering due to the
proximity of wetlands near the mine. However, DWR has no objections to the issuance of the permit provided
there is no pumping until there is a preliminary jurisdiction delineation and an acceptable O & M plan for the
protection of any surrounding waters of the State plan be submitted
Patrick McClain, PE
Land Quality Regional Engineer — Washington Region
NC Dept. of Environment and Natural Resources
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481, Fax: (252) 975-3716
..........................................................................................
E-mail corresondance to and from this address may be subject to the North Carolina Public Records Laws and may be disclosed to
third parties.
From: Novak, Gary
Sent: Friday, March 14, 2014 12:51 PM
To: Mcclain, Pat
Subject: FW: NCG020857 Cahoon Mine
FYI
dayAlta
Environmental Senior Specialist
NCDENR, DEMLR, LOS
943 Washington Square Mall
Washington, NC 27889
252-946-6481 ext 3860, fax. 252-975-3716
gary.novak @ncdenr.gov
hftp://.ncdenr.org/web/Ir/land-quality
From: Wade, Larry
Sent: Friday, March 14, 2014 12:41 PM
To: Novak, Gary
Subject: FW: NCG020857 Cahoon Mine
Wade, Larry
From:
Novak, Gary
Sent:
Thursday, March 13, 2014 2:08 PM
To:
Wade, Larry
Cc:
Mcclain, Pat; Scarbraugh, Anthony
Subject:
FW: 28-15
Attachments:
28-15 DWR Review Sheet.doc
Mr. Wade,
Please find attached DWR comment sheet provided to me from Mr. Scarbraugh on March 7, 2014.
It is the same doc sent to Mr. Floyd Williams per his request yesterday.
Please feel free to contact me if you have any questions,
('7 A Ir"d
Environmental Senior Specialist
NCDENR, DEMLR, LQS
943 Washington Square Mall
Washington, NC 27889
252-946-6481 ext 3860, fax. 252-975-3716
gary.novak(a.ncdenr.gov
hap://.ncdenr.org/web/Ir/land-guality
From: Scarbraugh, Anthony
Sent: Friday, March 07, 2014 2:39 PM
To: Novak, Gary
Cc: Wehner, Judy
Subject: 28-15
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252)948-3924
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 unless the content is exempt by statue or other regulation.
Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
MINING PERMIT APPLICATION REVIEW FORMA
forthe
DIVISION OF WATER RESOURCES
Project Name: First South Bank DEMLR Permit # 28-15 County: Dare Applicant's
Email: Floyd@williamseg.com
PERMIT ACTION TYPE:
YES NO Date Commencing
Is this mine a new mine? r r 1994
Have land disturbing activities
started? Date? r r 1994
Latitude: 35.8838 Longitude:-75.9522
Please return comments to (at DEMLR CO): Judy Wehner
Comments due by: Unknown
SECTION BELOW TO BE FILLED OUT BY DWR:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes
Comments: Wetland Standards due to the possible dewaterinq of the adiacent wetlands through dewaterinq
activities.
Watershed/Stream Name & Classification: UT to Scuppernonq River: C:SW
DWR Compliance Status of Mine: OK
Does this mine (or previous owner) have DWR back fees to pay? N/A If yes, amount:
Is this mine an active permit in BIMS?
YES NO
401 Wetland Cert. required?
❑
r
401 Wetland Cert. existing?
r Permit #
r
Does DWR RO have enough information to
determine if a 401 certification is required?
❑
r
YES NO
Are wetlands disturbed at this site?
r1
Does DWR RO suspect or know of nearby
On Parcel 6, 7 and 8
r
wetlands to the site?
Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
Fw Consultant
Is a wetland delineation required prior to
r Onsite?
r�
DWR issuing the permit?
r70ffsite? Majority of these
-
pardels are mapped hydric
soil.
Stream Determination Needed?
r
R.-
Stream Determination Completed?,
r
r Due to the wetlands
Does DWR RO need a statement that no
present on the adjacent
wetlands/streams are disturbed
properties a statement from
r
the applicant will be
for this project from applicant?
re uested.
Buffer Determination Needed?
❑ .�
Buffer Determination Completed?
❑
R.
Recycle system permit existing?'
=Permit #
!r�
New Recycle System permit required?*
r .
r1
Enough information to determine?
Non -discharge permit existing?*
it Permit #
�r�
Does this applicant need to contact the
regional of Central DWR Office to
r
C
determine if a State Stormwater Permit is
needed?
r • Unknown.
Will wastewaters discharge to HOW waters
ri
r •7Q10
Permittee
with a 7010=0? **
Flow:
must
determine.
r Has Violation
r O&M Requirements
r HQW/7Q10 Concerns
Does DWR require DEMLR to hold the
r Pay back fees or renew
.
permit (e.g. so DWR can review it further or
DWR permit
I Other.
r
because DWR requires more information)?
Please describe the reason to
hold the permit:
RO contact:
_
❑ Hold Until:
Mine must wait to dewater until an O&M plan is
r
f
approved?
permit.
*'To obtain 7Q10 flows, permittees must contact the DWR Stormwater Permitting Unit, If DWR does not have a flow estimate for a
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q 10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies.
Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
"' If there is not enough information to give a complete answer.'write in the space provided what you will need to answer this question
completely. If you require DEMLR to hold the permit until further notice, indicate that in the question below.
Reviewed by:
DWR RO Surface Water: Anthony Scarbraugh Regional Office: Washington Date: 03/07/2014
RO Aquifer Protection Section:
Regional Office: Date:
Novak, Gary
From: Novak, Gary
Sent: Wednesday, February 19, 2014 2:09 PM
To: Wehner, Judy (judy.wehner@ncdenr.gov)
Cc: Mcclain, Pat
Subject: FW: Cahoon Mine - Mining Permit No. 28-15
Judy,
Do you know anything about a recent permit mod for the Cahoon mine 28-15 that Floyd is working on? I have not seen
any of the paper work for any application.
4&7 A N>.1
Environmental Senior Specialist
NCDENR, DEMLR, LQS
943 Washington Square Mall
Washington, NC 27889
252-946-6481 ext 3860, fax. 252-975-3716
ag_yr .novak(ncdenr.gov
hftp://.ncdenr.org/web/Ir/land-guality
From: Scarbraugh, Anthony
Sent: Wednesday, February 19, 2014 2:04 PM
To: Novak, Gary
Cc: May, David
Subject: Cahoon Mine - Mining Permit No. 28-15
Gary,
After a review of the available information, the Division of Water Resources has determined that additional information
will be needed to complete our review. If you have any questions or concerns, please feel free to contact me.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
—
Washington Regional Office
FEB n 1 2014
North Carolina Department of Environment and Natural Resources
d
Division of Water Resources — Water Quality Regional Operations Section
0 NR' �
943 Washington Square Mall
W d--8 & &rwALiTy
ee�,
Washington, NC 27889
(252)948-3924
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 unless the content is exempt by statue or other regulation.
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Wednesday, February 19, 2014 2:04 PM
To: Novak, Gary
Cc: May, David
Subject: Cahoon Mine - Mining Permit No. 28-15
Gary,
After a review of the available information, the Division of Water Resources has determined that additional information
will be needed to complete our review. If you have any questions or concerns, please feel free to contact me.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252)948-3924
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 unless the content is exempt by statue or other regulation.
�.+#+.*>+#«*wrrrrrr**�...r***rrf+rr*****r+�:+«s.+.«•*s****+.**.+#+**:.#*r+++
rvE
FES 2 i -2014
From: Wade, Larry
Sent: Tuesday, February 11, 2014 8:21 AM
To: Mcclain, Pat
Subject: NCG020857 Cahoon Mine
Hello Pat,
Please review the attached NOI for the subject mine and let me know if the regional office has any concerns with issuing
a permit. I am sending maps through inter office mail for your use.
If a response is not received within 30 days, we will issue the permit contingent upon our review.
If you need additional information, please let me know.
Thanks,
Larry W. Wade PE Telephone: (919) 807-6375
Fax: (919) 807-6494
Stormwater Permitting Program
North Carolina Department of Environment & Natural Resources
Division of Energy Mineral and Land Resources
1612 Mail Service Physical Address - 512 N. Salisbury St. Room
9425
Raleigh, NC 27699-1612
Raleigh, NC 27604
isa government E-mail address****************************
*********E-mails sent and received from this address can be disclosed to third parties************
�VA Division of Water Quality / Surface Water Protection
NCDENRNational Pollutant Discharge Elimination System
NO— O IMF- OF
ExvinpwwC,rt uip NnMLL iR]WnCE1
NCG020000
NOTICE OF INTENT
FOR AGENCY USE ONLY
Dma Received
Year
Month
Dav
1
Cenificu c of Covcm e
a s
Check k
I Alnount
aoozr
Ioo
Pevnil Assigned Io
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below)
The following activities are also included:
• Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site of such operations;
• Stormwater from vehicle maintenance activities at mining operations;
• Overflow from facilities that recycle process wastewater; and/or
• Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit:
• Stormwater discharges associated with peat mining, coal mining, and metal mining;
• Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt
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).
Please contact the NPDES Wastewater Point -Source Group for more information on coverage under this
Please ornt or Woe all entries in this application form
1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed):
Legal Owner Name : First South Bank
(Attach the most recent Annual Report to the NC secretary of State showing the current legal name or the corporation or entity.
Alternatively this permit can be given to an individual orgovernment authority. This name must be the same name as appears on the
Division o/ Land Resources' Mining Permit.)
Signee's Name (as signed for in permit signature at bottom): Steve Gruninger
Address PO Box 2047 / 1311 Carolina Avenue
City Washington
Telephone No. (252) 940-4926
Alternate Contact Name
Alternate Contact Telephone (if different)
State: North Carolina ZIP Code: 27889
Email
Email (if different)
Page 1 of 8
SW U-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
2) Location of facility producing discharge:
Facility Name Cahoon Mine
Facility Street Address: US HWY 64 Near East Lake
Facility City
Facility County
Facility Contact SAME
Telephone No.
Contact E-mail
3) Physical Location Information:
State ZIP Code
Fax:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection): On north side of HWY 64 approximately 2 miles east
of edge of Alligator River
4) Latitude N 35 53' 8" Longitude W 75 57' 5" (degrees, minutes, seconds)
Permits:
5) This NPDES Permit Application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin:
X Existing Date began mining:
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: 1 4 4 2
7) Provide a narrative description of the types of minerals mined at this facility: SAND
8) Is this mine an inactive mine site?
X No
❑ Yes If yes, do you posses an "Inactive Renewal" from DEMLR 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 Energy, Mineral and Land Resources
(DEMLR) [formerly DLR]?
❑ No
X Yes
If No, please indicate the status of the Mining Permit application:
If yes, please provide the Mining Permit number: 2828=15. Please also provide a copy of your
DEMLR Mining Permit with this DWQ application.
Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or
renewed by the DEMLR.
10) Does this facility have any other NPDES permits?
X No
❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility:
Page 2 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
11) Are you applying for a mining permit in the same location as a previously permitted mine?
X No
❑ Yes If yes, specify permit number and name if known:
12) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X No
❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility:
13) Does total area of this mine site include ready -mix and asphalt areas?
X No
❑ Yes If yes, do they have DWO stormwater permits (if owned by the same company)? ❑ No ❑ Yes
(provide permit number )
If not owned by the same company, who is the owner?
14) Will this mining operation precede development activities at this site?
X No
❑ Yes
15) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft' of impervious
surface?
X No
❑ 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.
16) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan
Water supply Watersheds?
X No
❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans.
If yes, please include information and plans showing diffuse flow through buffers as required.
Discharge Points, Receiving Waters & Wetlands:
17) 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? Alligator River
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
Receiving water classification (if known):
Note: Discharge of industrial wastewater to receiving waters classified as WS-II to WS-V, or SA, must
be approved by the Div. of Water Resources, or Div. of Marine Fisheries. If DWR or DMF 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.
18) If your facility has wastewater discharges and they are to HWO and/or PNA waters (Primary Nursery Areas)
waters, what is the proposed flow rate? (See
http://www.ncdmf.neVmaps/FNA maps/index.html, for map)
Page 3 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
19) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Onsite: Stormwater: Mine dewatering: 1 Process Wastewater Overflow:
Offsite: Stormwater: Mine dewatering:_ Process Wastewater Overflow:
Discharge points should be clearly marked on the submitted site plan.
Please provide short narrative description of discharges: The discharge will be at the back center of mine
permit boundary and will be discharged into wooded - 28 acre area within property boundary.
a) Is your mine dewatering and discharging? (Answer only if you are dewatering)
❑ No
X Yes If yes, where to? _ Surface Waters and/or Wetlands (on -site or off -site)
X Other (on -site or off -site) Describe: Wooded area on -site
b) Are you dewatering but not discharging? (Answer only if you are dewatering)
X No
❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed:
20) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands?
❑ No
X 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 O&M plan maybe 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.
21) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter?
❑ No
X Yes If yes, what distance are they from the mine pit perimeter? - 100 feet.
22) Have you been required to obtain a 404/401 Certification permits?
X No
❑ 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:
Page 4 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
23) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
X No ❑ Yes If yes, please attach to application submission.
Stormwater BMPs:
24) Does this facility employ any best management practices for stormwater control?
❑ No X Yes If yes, please briefly describe: Silt Fences, Gravel Construction Entrance, Berms,
Internal Drainage.
25) Does this facility have a Stormwater Pollution Prevention Plan?
X No ❑ Yes
If yes, when was it implemented?
26) Will vehicle maintenance activities occur at this facility?
X No ❑ Yes
Wastewater Treatment Facilities:
27) Will mine dewatering discharges occur? WA
❑ No
❑ Yes
28) Will discharges of overflows from process wastewater treatment systems occur? N/A
❑ No
❑ Yes If yes,
a. Does this facility employ chemical additives to flocculate suspended solids? X 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:
http://portal.ncdenr.org/web/wq/ws/su/npdessw
b. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
❑ No ❑ Yes
29) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
X No
❑ Yes
30) Is your facility washing mined materials?
X No
❑ Yes If Yes, are you discharging this water?
Page 5 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
Other:
31) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
X No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
X No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
X No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored: _
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor: _
Vendor address:
32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit
text for secondary containment requirements. N/A
❑ No
❑ Yes
33) Does your site have an active landfill within the mining permit boundary?
X No
❑ Yes If yes, specify type: ❑ LCID ❑ Other:
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 NCDENR.
✓ Completed application and all supporting documents.
Copy of the valid approved mining permit (MP) for the facility or indication of MP application status.
�L 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.
�L 2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with all outfalls, applicable
buffers and wetlands clearly delineated, and 100-year flood plain line if applicable.
V A copy of your DEMLR mining permit.
_M,��n A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above.
A line drawing of the water flow through the facility. A pictorial description of the nature and amount of any
sources of water and any collection and treatment measures.
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: l . e-ft1*0
Page 6 of 8
SW U-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
• 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 approved Pumping O&M plan priorto
NCG02 issuance.
2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the plans and listing
acrea a (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).
_Pump dewatering size and information on its specifications.
_Well information (design, depths, maintenance).
_Physical monitoring for the wetlands areas.
_Settling pond sizing information, if applicable.
_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 O&M Plan.
Regional Office Contact: Date contacted:
-OR-
_V I will not any impact nearby wetlands, surface waters or groundwater by dewatering.
Certification: North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document 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).
33) Signatory Requirements (per 40 CFR 122.22)
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(I) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will
constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual
permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
Page 7 of 8
SW U-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules
governing solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to
not result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed Name of Person Signing: _ J:_'Vey ��7✓ //�/�� _
Title:
Notice of Intent must be ac
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
//- /3 - /,3
(Date Signed)
by a check or money order for $100.00 made payable to NCDENR.
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
For questions, please contact the DWO Regional Office for your area.
DWO 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 8 of 8
SW U-NCG02-NOI Last revised 9/5/2012
AI
PA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Steve Gruninger
First South Bank
1311 Carolina Avenue
Washington, NC 27889
Dear Mr. Gruninger:
John E. Skvarla, III
Secretary
April 23, 2014
Subject: General Permit No. NCG020000
Cahoon Mine
COC NCG020857
Dare County
In accordance with your application for a discharge permit received on February 21,
2014, 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).
This certificate of coverage is not transferable. If the facility changes ownership or is
closed, the Division of Energy Mineral & Land Resources may require modification, revocation
or reissuance of the certificate of coverage.
Please be aware that mine dewatering at your site has the potential to impact adjacent
wetlands. The specific requirements for mine dewatering at facilities near wetlands can be
found in Part III, Section E of your permit. You must have an approved Operation and
Monitoring Plan before mine dewatering discharges occur at your facility. Discharging
mine dewatering wastewater without Plan approval will be subject to enforcement action. An
Operation and Monitoring Plan for your facility must be submitted to the Washington
Regional Office within 60 days of your receipt of this permit. Contact Pat McClain at the
Washington Regional Office at (252) 946-6481 for more information about the approval
process.
Please note that mine dewatering wastewater includes wet pit overflows caused
solely by direct rainfall and groundwater seepage for this type of mining operation. Any
discharge of this water (and any stormwater commingled with it) is subject to the effluent
limitations in this permit.
Division of Energy. Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 / FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr.org/web/Ir/
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
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 not combined with mine dewatering water), you will be
required to adhere to the conditions in this permit for stormwater discharges.
This project is located in one of North Carolina's 20 coastal counties. Coastal
stormwater management rules (15A NCAC 2H .1000) may require an additional State
Stormwater Permit (different from the NPDES mining activities discharge permit). Please
contact Pat McClain in the Washington Regional Office at (252) 946-6481 to determine if
you will be required to submit an application for a State Stormwater permit.
i
This permit does not affect the legal obligation to obtain other permits which may be
required by the Division of Energy, Mining, and Land Resources, or any other federal, state, or
local authorities.
If you have any questions concerning this permit, please contact Larry Wade PE at
telephone number (919) 807-6375, or email at larry.wade@ncdner.gov:
Sincerely,
for Tracy E. Davis, P.E.
cc: Washington Regional Office
Central Files
Stormwater Permitting Program Files
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCGO20000
CERTIFICATE OF COVERAGE No. NCG020857
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,
First South Bank
is hereby authorized to discharge stormwater and mine dewatering wastewater from a
facility located at
Cahoon Mine
18788 US 64
East Lake
Dare County
to receiving waters designated as Alligator River, a class SC;Sw water in the Pasquotank
River Basin, in accordance with the effluent limitations, monitoring requirements, and
other conditions set forth in Parts I, 11, 111, 1V, V, and VI of General Permit No. NCG020000 as
attached.
This certificate of coverage shall become effective April 23, 2014.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day April 23, 2014.
for Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
NCG020857
Map Scale 1:24, 000
First South Bank
Cahoon Mine
Latitude: 350 53' 08" N
Longitude: -750 57' 05" W
County: Dare
Receiving Stream: Alligator River
Stream Class: SC;Sw
Sub -basin: 03-01-51 (Pasquotank River Basin)
Facility Location
01% WILLIAMS
%Igf t o%bk1nuicneal & GCOI(�'ieol Sc, n. ices i-ii,
December 19, 2013
Stormwater and General Permits Unit
NCDENR
Land Quality Section
1612 Mail Service Center
Raleigh, North Carolina 27699
RE: Cahoon Mine
Mine Permit No. 28-15
Dare County
Stormwater and General Permits Unit,
Voice I Fax (800) 240-8550
P.O. Box 190
Bath. NC 27808
www.WilliantsEGS.coni
Enclosed are two copies of an application to dewater and discharge at the Cahoon
Mine in Dare County.
This is an existing mine site and is operating under mining permit No. 28-15. The
mine operator is proposing to dewater the pit areas from time to time and discharge no
more than 150,000 gallons of water on any given day. The discharge will be on site at the
center back of the site as indicated on the enclosed Mine Maps.
It is my belief that no impact will occur to any wetlands, surface waters or
groundwater by the dewatering activities.
1f you have any questions, please feel free to give me a call.
Sincerely
Floyd R. Williams PG, CPESC, CPG
Enclosures: Two Copies of Application and Maps
First South Bank Check No. 20025056 for $100.00
CC: Mr. Steve Gruninger — First South Bank
Wade, Larry I
From: Edgerton, Thom
Sent: Tuesday, April 22, 2014 10:04 AM
To: Bennett, Bradley; Floyd@williamseg.com; Wade, Larry
Cc: Mcclain, Pat; Novak, Gary; Wehner, Judy; Tankard, Robert; Scarbraugh, Anthony
Subject: FW: 0 & M plan for the Cahoon Mine in Dare County
Attachments: Cahoon Mine 0 & M Plan.docx; 28-15 DWR Review Sheet.pdf
Hello,
Please accept this message which included 0&M approval (See below and the attached), as well as to provide the WaRO
DEMLR recommendation for permit issuance of NCG020857.
Let me know if you need additional information.
Thanks,
Thom
Thom Edgerton, Environmental Engineer
North Carolina Department of Environment and Natural Resources (NCDENR)
Division of Energy, Mineral, and Land Resources (DEMLR)
Land Quality Section (LQ)
Washington Regional Office (WaRO)
943 Washington Square Mall
Washington, NC 27889
(252) 948-3963 Phone
(252) 975-3716 Fax
1.
E-mail correspondence may be subject to the North Carolina Public Records Law and may be disclosed to third parties. �4
From: Tankard, Robert
Sent�Monday, April 21, 2014 2:32 PM
To: McClain, Pat; Wehner, Judy; Bennett, Bradley; Novak, Gary; Edgerton, Thom
Cc: Scarbraugh, Anthony; Scheller, Roberto
Subject: FW: 0 & M plan for the Cahoon Mine in Dare County
Judy and Bradley, here are DWR's comments for the Cahoon Mine.
Thanks!
Robert
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone:252-948-3921
Fax:252-975-3716
E-mail: robert.tankord@ncdenr.gov
http://www.ncwater.org
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: Scarbraugh, Anthony
Sent: Monday, April 21, 2014 2:04 PM
To: Tankard, Robert
Subject: FW: 0 & M plan for the Cahoon Mine in Dare County
O& M Review for Cahoon mine
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252)948-3924
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 unless the content is exempt by statue or other regulation.
From: Floyd Williams[mailto:floydwilliamsl(agmail.com]
Sent: Monday, April 14, 2014 10:31 AM
To: Scarbraugh, Anthony
Subject: O & M plan for the Cahoon Mine in Dare County
Anthony,
Attached is the O & M plan for the Cahoon Mine in Dare County. Please look it over and let me know if it is
OK. I will be in Washington later this afternoon and plan to visit the DENR Office. If you are around and have
time to discuss this that would be great.
Thanks.
Floyd
Wade, Larry ' ,
From:
Mcclain, Pat
Sent:
Friday, March 14, 2014 2:37 PM
To:
Wade, Larry
Cc:
Edgerton, Thom; Scarbraugh, Anthony; Novak, Gary; Wehner, Judy
Subject:
FW: NCG020857 Cahoon Mine
Attachments:
NCG020857 NOI.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Categories: Red Category
Larry,
In reviewing the comments from DWR on this site, they have indicated concerns about dewatering due to the
proximity of wetlands near the mine. However, DWR has no objections to the issuance of the permit provided
there is no pumping until there is a preliminary jurisdiction delineation and an acceptable 0 & M plan for the
protection of any surrounding waters of the State plan be submitted
Patrick McClain, PE
Land Quality Regional Engineer — Washington Region
NC Dept. of Environment and Natural Resources
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481, Fax: (252) 975-3716
......................................•................... ••...............................
E-mail corresondance to and from this address may be subject to the North Carolina Public Records Laws and may be disclosed to
third parties.
From: Novak, Gary
Sent: Friday, March 14, 2014 12:51 PM
To: Mcclain, Pat
Subject: FW: NCG020857 Cahoon Mine
FYI
Environmental Senior Specialist
NCDENR, DEMLR, LOS
943 Washington Square Mall
Washington, NC 27889
252-946-6481 ext 3860, fax. 252-975-3716
gary.novak(dncdenr.gov
hnp://.ncdenr.org/web/Ir/land-guality
From: Wade, Larry
Sent: Friday, March 14, 2014 12:41 PM
To: Novak, Gary
Subject: FW: NCG020857 Cahoon Mine
Wade, Larry
From:
Novak, Gary
Sent:
Thursday, March 13, 2014 2:08 PM
To:
Wade, Larry
Cc:
Mcclain, Pat; Scarbraugh, Anthony
Subject:
FW: 28-15
Attachments:
28-15 DWR Review Sheet.doc
Mr. Wade,
Please find attached DWR comment sheet provided to me from Mr. Scarbraugh on March 7, 2014.
It is the same doc sent to Mr. Floyd Williams per his request yesterday.
Please feel free to contact me if you have any questions,
�&7 A Ne�d
Environmental Senior Specialist
NCDENR, DEMLR, LQS
943 Washington Square Mall
Washington, NC 27889
252-946-6481 ext 3860, fax. 252-975-3716
gary.novak(a)ncdenr.gov
hftp://.ncdenr.org/web/Ir/land-guality
From: Scarbraugh, Anthony
Sent: Friday, March 07, 2014 2:39 PM
To: Novak, Gary
Cc: Wehner, Judy
Subject: 28-15
Anthony Scarbraugh
Environmental Senior Specialist
Washington Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252)948-3924
############################################################################
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 unless the content is exempt by statue or other regulation.
Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEAR RO, DWR SPU. Send a copy to the permittee.
MINING PERMIT APPLICATION REVIEW FORM
forthe
DIVISION OF WATER RESOURCES
Project Name: First South Bank bEMLR Permit# 28-15 County: Dare Applicant's
Email: Floyd@williamseg.com
PERMIT ACTION TYPE:
YES NO Date Commencing
Is this mine a new mine? r- R, 1994
Have land disturbing activities
started? Date? 5-0 r 1994
Latitude: 35.8838 Longitude: -75.9522
Please return comments to (at DEMLR CO): Judy Wehner
Comments due by: Unknown
SECTION BELOW TO BE FILLED OUT BY DWR:
Is the RO concerned that the operation, as proposed, would violate standards of water quality? Yes
Comments: Wetland Standards due to the possible dewatering of the adjacent wetlands throug7h 7dewatering
activities.
Watershed/Stream Name & Classification: UT to Scuppernong River: C:SW
DWR Compliance Status of Mine: OK
Does this mine (or previous owner) have DWR back fees to pay? N/A If yes, amount:
Is this mine an active permit in BIMS?
YES
NO
"a
401 Wetland Cert. existing?
F-'
Permit #
ry
iatldn'462'
`,g
w
-
.. .....
rw
%�w
YESry
NO
Aw,
;S. .M 4,
Does DWR RO suspect or know of nearby
On Parcel 6, 7 and
8
wetlands to the site?
-
-- 1-1-1- �—
Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEAR RO, DWR SPU. Send a copy to the permittee.
4 ON
set :ey f4dn"!^ yd R4 et ft ., it u«,.,: `+"',• i
na...,xy�`'w1�rrx3
delineation
5'o6 Consultant...:. Etc
4"etland
regwred prior to��,�f
Cs i"'3.J *3vJt riw,ry`,aL A- .al h' 1 t, I�
DWR issuing the 3 r
i�' Onsde?it: fc ������
�.' W"'i+ 1� t ski A iiti
of
t
permitTr b +r�
iGk°:.w_. ,: % M,.
ir1 Offsite?IMaiiinty these:'
ti,l.✓.iC^`?' $f_,uR „w. ,'. .wit wfrl
dE 'iT.` �'r..�73 "'dt% t� ,'"'• ': } emcir''.. 4;u
��311
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JDBrcblss at lrnappedChVdnC :Q;'.;
" it �� ,Ti �`��.��"
e,,S�,SKtl �+4zS]a,.w.. 'a�At�s u�k`•!,r .;,,. n''`��,i
i$OII.` .. �tt^n�.Y...�,x rz:..
.?::
�.. .s."�. :.i:.,.l ate' f
Stream Determination Needed?
rl
r
,'d�` •-� { �'P 9'. / J 'a 4 i x 44..
yyStreedTrr
am Determmation,Complt e
�9./n'It',�ymv.F, vG sNtJ 4S:S
l+> X}�' tt
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e 4 3kHf}
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;<i'�'• "'lr, h.. 3 T b
9-1'Due to the wetlands
Does DWR RO need a statement that no
present on the adjacent
wetlands/streams are disturbed
properties a statement from
r
the applicant will be
for this project from applicant?
re nested.
4 np,�¢„•.sr:rF. mTr-3�iifiv.+e ✓H wl s
Determinatin3 oNeeded7 +�h� e
}
ar}
;Buffer
nsh".. .. 't Fs.Vr,l�u> 4F n.eS
.-�u.i/.. ,iF,e.�'SY. "t ♦L
hiv d.le �ht� �,•Qdl'��:.1
Buffer Determination Completed?
FI
r
r'. �'Mwwy'".,..'t.'L"Y6: S=.t.,tt x•'^ :a, —'^Ma' � . .,,.T� u3'�'
�� Fk. r i 9 t"
'F 4 'l TH • T %h .:
New Recycle System permit required?*
r
(—
Enoughinformation to tenr-mr...'_in,neec?
`(1e'u"~@firide
'`:".: I'!
TVwF
iod.scharge,perm.nexistin:-
::•.Y"¢1:iC:'<
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,
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...., n.;.m.T:.sa:ar>" .�.....,..:.�n.lnv .. a
...... ........ ...v, ,.�.•.n r... M.cre..Ya�"n:rc.
Does this applicant need to contact the
regional of Central DWR Office to
r
r
determine if a State Stormwater Permit is
needed?
r Unknown.
Will wastewaters discharge to HQW waters
r
r ,7Q10
Permittee
with a 7Q10=0? **
Flow:
must
determine.
A }i tY Z4
Has Violation /
� h r .s
O&M Re
3
w .
gt,
uirements
u".gq ra+•3YS?vY, 5.`._B7"" ;ktw1
y , r
t- 4 X:t r'i
� Kw ter.
jySC , �4
�,�9.]KY. � ', �5'. tiT�IrY' "`I FYI r f
r * h l �f F 3
Does,DWR,requireDEML'Rtocholdthet
�,
, AHQ,W/7Q10Concerns,
•i ilS,ii 'Sr Y" tY �}^11i44
fir' iPayJback fegoenew
V w11, r . ,
,A/ f" rQ" J 4IlV t !W, J H,19
, I:
gun v , r..� m a a �E ., r z
em( g so D�can fthe
,A * „q�k.r,
.DWR ermit
`p
r
revir
becausrequire smoreinformationjT,ytti
�, < Y # ; h�•
tYq� rf4��l' 4'f Y�Y yJ �Aa' .a `^+�i i� % t �
3
�holdithe3permd 4� �
7 N,V 19 t , ok'fr
_
xJ3
k'+i
rw�Al4"+'�•f
'M
l?'h,
;irl l P ill
Y/i AffrFlV` ^r' lAA w
Mine must wait to dewater until an O&M plan is
r
F
approved?
permit.
**To obtain 7Q10 Flows, permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a flow estimate fora
specific stream, permittees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for
more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 Flow fortidelly influenced waterbodies.
Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee.
"' If there is not enough information to give a complete answer, write in the space provided what you will need to answer this Question
completely, If you require DEMLR to hold the permit until further notice indicate that in the Question below.
Reviewed by:
DWR RO Surface Water: Anthony Scarbraugh Regional Office: Washington Date: 03/07/2014
RO Aquifer Protection Section
Regional Office: Date:
Novak, Gary
From: Novak, Gary
Sent: Wednesday, February 19, 2014 2:09 PM
To: Wehner, Judy Qudy.wehner@ncdenr.gov)
Cc: Mcclain, Pat
Subject: FW: Cahoon Mine - Mining Permit No. 28-15
Judy,
Do you know anything about a recent permit mod for the Cahoon mine 28-15 that Floyd is working on? I have not seen
any of the paper work for any application.
Environmental Senior Specialist
NCDENR, DEMLR, LQS
943 Washington Square Mall
Washington, NC 27889
252-946-6481 ext 3860, fax. 252-975-3716
gary.novakL ncdenr.gov
http://. ncdenr.org/web/Ir/land-quality
From: Scarbraugh, Anthony
Sent: Wednesday, February 19, 2014 2:04 PM
To: Novak, Gary
Cc: May, David
Subject: Cahoon Mine - Mining Permit No. 28-15
Gary,
After a review of the available information, the Division of Water Resources has determined that additional information
will be needed to complete our review. If you have any questions or concerns, please feel free to contact me.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh 0Ls��'����
Environmental Senior Specialist
Washington Regional Office FEB a 1 2014
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section 0 NR - WA
943 Washington Square Mall w, d aq'r8 q
Washington, NC 27889
(252)948-3924
****************************************************************************
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 unless the content is exempt by statue or other regulation.
****************************************************************************
Scarbraugh, Anthony
From: Scarbraugh, Anthony
Sent: Wednesday, February 19, 2014 2:04 PM
To: Novak, Gary
Cc: May, David
Subject: Cahoon Mine - Mining Permit No: 28-15
Gary,
After a review of the available information, the Division of Water Resources has determined that additional information
will be needed to complete our review. If you have any questions or concerns, please feel free to contact me.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Washington. Regional Office
North Carolina Department of Environment and Natural Resources
Division of Water Resources — Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
(252)948-3924
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 unless the content is exempt by statue or other regulation.
0 it
FES 2 F 4-014
From: Wade, Larry
Sent: Tuesday, February 11, 2014 8:21 AM
To: Mcclain, Pat
Subject: NCG020857 Cahoon Mine
Hello Pat,
Please review the attached N01 for the subject mine and let me know if the regional office has any concerns with issuing
a permit. I am sending maps through inter office mail for your use.
If a response is not received within 30 days, we will issue the permit contingent upon our review.
If you need additional information, please let me know.
Thanks,
Larry W. Wade PE Telephone: (919) 807-6375
Fax: (919) 807-6494
Stormwater Permitting Program
North Carolina Department of Environment & Natural Resources
Division of Energy Mineral and Land Resources
1612 Mail Service Physical Address - 512 N. Salisbury St. Room
942S
Raleigh, NC 27699-1612
Raleigh, NC 27604
is a government E-mail address****************************
*********E-mails sent and received from this address can be disclosed to third parties************
Ae�Division of Water Quality / Surface Water Protection
a'
NCDENRNational Pollutant Discharge Elimination System
Np UwOuw. D[rArtrn O/
EMV1w0NnEM -. NYMl R[�DUwCES
NCG020000
NOTICE OF INTENT
FOR AGENCY USE ONLY
Date Received
Year
Month
Da
CertificateofCovetage
(i g 5
Check# I Amount
a00a 100
PerMt Assiitned to
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code • 14XX Mineral Mining Industry (except as specified below)
The following activities are also included:
Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site of such operations;
Stormwater from vehicle maintenance activities at mining operations;
Overflow from facilities that recycle process wastewater; and/or
Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit:
• Stormwater discharges associated with peat mining, coal mining, and metal mining;
• Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt
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).
Please contact the NPDES Wastewater Point -Source Group for more information on coverage under this
Please print or type all entries in this application form
1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed):
Legal Owner Name : First South Bank
(Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the corporation or entity. .
Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the
Division of Land Resources' Mining Permit.)
Signee's Name (as signed for in permit signature at bottom): Steve Gruninger
Address PO Box 2047 / 1311 Carolina Avenue
City Washington State: North Carolina
Telephone No. (252) 940-4926
Alternate Contact Name
Alternate Contact Telephone (if different)
ZIP Code: 27889
Email
Email (if different)
Page 1 of 8
SW U-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
2) Location of facility producing discharge:
Facility Name Cahoon Mine
Facility Street Address: US HWY 64 Near East Lake
Facility City State
Facility County
Facility Contact SAME
Telephone No. Fax:
Contact E-mail
3) Physical Location Information:
ZIP Code
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection): On north side of HWY 64 approximately 2 miles east
of edge of Alligator River
4) Latitude N 35 53' 8" Longitude W 75 57' 5" (degrees, minutes, seconds)
Permits:
5) This NPDES Permit Application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin:
X Existing Date began mining:
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: 1 4 4 2
7) Provide a narrative description of the types of minerals mined at this facility: SAND
8) Is this mine an inactive mine site?
X No
❑ Yes If yes, do you posses an "Inactive Renewal" from DEMLR 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 Energy, Mineral and Land Resources
(DEMLR) [formerly DLR]?
❑ No If No, please indicate the status of the Mining Permit application:
X Yes If yes, please provide the Mining Permit number: 2828=15. Please also provide a copy of your
DEMLR Mining Permit with this DWQ application.
Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or
renewed by the DEMLR.
10) Does this facility have any other NPDES permits?
X No
❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility:
Page 2 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
11) Are you applying for a mining permit in the same location as a previously permitted mine?
X No
❑ Yes If yes, specify permit number and name if known:
12) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X No
❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility:
13) Does total area of this mine site include ready -mix and asphalt areas?
X No
❑ Yes If 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?
14) Will this mining operation precede development activities at this site?
X No
❑ Yes
15) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious
surface?
X No
❑ 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.
16) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan
Water supply Watersheds?
X No
❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans.
If yes, please include information and plans showing diffuse flow through buffers as required.
Discharge Points, Receiving Waters & Wetlands:
17) 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? Alligator River
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
Receiving water classification (if known):
Note: Discharge of industrial wastewater to receiving waters classified as WS-II to WS-V, or SA, must
be approved by the Div. of Water Resources, or Div. of Marine Fisheries. If DWR or DMF 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 ORIN will not be approved under the NCG02 General Permit.
18) If your facility has wastewater discharges and they are to HWO and/or PNA waters (Primary Nursery Areas)
waters, what is the proposed flow rate? (See
http://www.ncdmf.net/maps/FNA maps/index.html, for map)
Page 3 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
19) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Onsife: Stormwater: Mine dewatering: 1 Process Wastewater Overflow:
offsite: Stormwater: Mine dewatering:_ Process Wastewater Overflow:
Discharge points should be clearly marked on the submitted site plan.
Please provide short narrative description of discharges: The discharge will be at the back center of mine
permit boundary and will be discharged into wooded - 28 acre area within property boundary•
a) is your mine dewatering and discharging? (Answer only if you are dewatering)
❑ No
X Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site)
X Other (on -site or off -site) Describe: Wooded area on -site
b) Are you dewatering but not discharging? (Answer only if you are dewatering)
X No
❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed:
20) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands?
❑ No
X 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 O&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.
21) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter?
❑ No
X Yes If yes, what distance are they from the mine pit perimeter? - 100 feet.
22) Have you been required to obtain a 404/401 Certification permits?
X No
❑ 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:
Page 4 of 8
SW U NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
23) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
X No ❑ Yes If yes, please attach to application submission.
Stormwater BMPs:
24) Does this facility employ any best management practices for stormwater control?
❑ No X Yes If yes, please briefly describe: Silt Fences, Gravel Construction Entrance, Berms,
Internal Drainage.
25) Does this facility have a Stormwater Pollution Prevention Plan?
X No ❑ Yes
If yes, when was it implemented?
26) Will vehicle maintenance activities occur at this facility?
X No ❑ Yes
Wastewater Treatment Facilities:
27) Will mine dewatering discharges occur? WA
❑ No
❑ Yes
28) Will discharges of overflows from process wastewater treatment systems occur? N/A
❑ No
❑ Yes If yes,
a. Does this facility employ chemical additives to flocculate suspended solids? X 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:
http://portal.ncdenr.org/web/wq/ws/su/npdessw
b. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
❑ No ❑ Yes
29) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
X No
❑ Yes
30) Is your facility washing mined materials?
X No
❑ Yes If Yes, are you discharging this water?
Page 5 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.0.1.
Other:
31) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
X No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
X No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
X No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored: _
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor: —
Vendor address:
32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit
text for secondary containment requirements. N/A
❑ No
❑ Yes
33) Does your site have an active landfill within the mining permit boundary?
X No
❑ Yes If yes, specify type: ❑ LCID ❑
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.
V Fee of $100 made payable to NCDENR.
Completed application and all supporting documents.
_v Copy of the valid approved mining permit (MP) for the facility or indication of MP application status.
_s,/ 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 (minimum 24" x 36") site plan with topographical lines with all outfalls, applicable
buffers and wetlands clearly delineated, and 100-year flood plain line if applicable.
A copy of your DEMLR mining permit.
A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above.
A line drawing of the water flow through the facility. A pictorial description of the nature and amount of any
sources of water and any collection and treatment measures.
If mine site is in one of the 20 Coastal Counties:
• Applicant has checked with the appropriate regional office to verify the needfora Coastal State
Stormwater permit. Regional Office Contact: 6J. rt N t } t t-g4i; �gbt
Page 6 of 8
SW U-NCG02-NOI Last revised 9/5/2012
NCG020000 N.0.1.
• 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 approved Pumping C&M plan priorto
NCG02 issuance.
2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the plans and listing
acrea a (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 (it state sw
programs apply), applicable buffers, and access and/or haul roads).
_Pump dewatering size and information on its specifications.
_Well information (design, depths, maintenance).
_Physical monitoring for the wetlands areas.
_Settling pond sizing information, if applicable.
_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 O&M Plan.
Regional Office Contact: Date contacted:
-OR-
i/ I will not any impact nearby wetlands, surface waters or groundwater by dewatering.
Certification: North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document 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).
33) Signatory Requirements (per 40 CFR 122.22)
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities
employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will
constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual
permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
Page 7 of 8
SWU-NCG02-NOI Last revised 9/5/2012
NCG020000 N.O.I.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules
governing solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to
not result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed Name of Person Signing: —;Vy'- i L'%Z✓n//n/C _
Title:
Notice of Intent must be ac
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
//` i3 -/,3
(Date Signed)
by a check or money order for $100.00 made payable to NCDENR.
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
For questions, please contact the DWO Regional Office for your area.
DWO 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 8 of 8
SW U-NCG02-NOI Last revised 9/5/2012
First South Bank OFFICIAL CHECK
CUSTOMER COPY 20025056
Date 11/13/13
Pay to the �Q
Order ofNCDENR Amount lu' *********100.00
EXACTLY **100 AND 00/100 DOLLARS
Remitter FIRST SOUTH BANK
Employee: B08HOLLIDL
DISCHARGE PERMIT APPLICATION CkAmt $100.00
Memo
Fee Atnt: $ . o a
Total: $100.00
NON-NEGOTIABLE
1�
u \CDE R
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Land Quality Section
Tracy E. Davis, PE, CPM Pat McCrory, Governor
Director John E. Skvarla, III, Secretary
June 25, 2013
Mr. Steve Gruninger
First South Bank
PO Box 2047
Washington, North Carolina 27889
RE: Mining Permit No. 28-15
Cahoon Mine
Dare County
Pasquotank River Basin
Dear Mr. Gruninger:
Your application for renewal and modification of the above referenced mining permit has
been approved. The modification is to increase the permitted acreage to 12.87 acres and the
affected acreage at this site to 9.91 acres as indicated on the mine map dated May 24; 2013.
This modification includes allowing the construction of a small turn around road near Highway
64 and allowing dewatering activities at times from pit to pit without discharging. A copy of the
renewed and modified permit is enclosed. The new expiration date is June 25, 2023.
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. 4C, 4D 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 12.87 acres and the amount of land
you are allowed to disturb is 9.91 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707.9220 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: httR://portal ncdenr org/web/Ir/land-guality
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper
Mr. Gruninger
Page Two
Please review the renewed and modified permit and contact Judy Wehner, Assistant
State Mining Specialist, at (919) 707-9220 should you have any questions concerning this
matter.
Sincerely,
(- J - i141.
anet 8. Boyer, PP
State Mining Specialist
.and Quality Section
J
JSB/jw
Enclosures
cc: Mr. Pat McClain, 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 ENERGY, MINERAL. AND LAND RESOURCES
LAND QUALITY SECTION
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:
First South Bank
Cahoon Mine
Dare County - Permit No. 28-15
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: June 25 2023
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
January 12, 2005: This permit, issued to Scott L. Cahoon, has been transferred in its entirety
to Fresh Pond Partners, LLC.
March 23, 2006: This permit, issued to Fresh Pond Partners, LLC, has been transferred in its
entirety to Twiford, LLC.
February 7, 2011: This permit has been transferred in its entirety from Twiford LLC to First
South Bank.
Page 3,
June 25, 2013: This permit has been modified to increase the permitted acreage to 12.87
acres and the affected acreage at this site to 9.91 acres. This modification includes allowing
the construction of a small turn around road near Highway 64 and allowing dewatering
activities at times from pit to pit without discharging.
Expiration Date
This permit shall be effective from the date of its issuance until January 12, 2015.
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 25 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.
Page 4
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in, proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation.
C. Mining activities shall be conducted as indicated on the mine map dated May 24,
2013 and the supplemental information received by the Land Quality Section on
January 16, 2013, March 26, 2013 and May 28, 2013 with the stipulation that the
side slopes for the Cell Berms be constructed as three horizontal to one vertical
or flatter.
D. No off -site mine dewatering discharge shall occur at this site.
All mining permit boundaries (9.91 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.
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.
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 25 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources. The method of disposal
shall be consistent with the approved reclamation plan.
Page 5
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 Energy, Mineral and 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
Energy, Mineral and 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 $7,900.00
cash bond, is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land
shall not exceed the bonded acreage.
14. 1 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.
Page 6
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 7
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.
Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
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.
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.
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 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 10D.
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
Revegetation Plan approved by Mr. Floyd R. Williams, PG, CPG of Williams
Environmental & Geological Services, PLLC on January 10, 2013.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining. ,
This permit, issued to Scott L. Cahoon September 13, 1994, transferred to Fresh Pond
Partners, LLC, renewed January 12, 2005 , and transferred to Twiford LLC March 23,
2006 and to First State Bank February 7, 2011, is hereby simultaneously renewed and
modified this 25th day of June, 2013 pursuant to G.S. 74-52.
r i �
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Tracy E. Davis, Director
Division of �nergy, Mineral and Land Resources
!By Authority of the Secretary
Of the Department of Environment and Natural Resources
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CELL BERM CROSS SECTION
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TYPICAL MINE CROSS SECTION
NOT TO SCALE
' TEMPORARY 6' HIGH BERM PUMP
' EXCAVATED PIT DISCHARGE ACTIVE PIT TO BE
RECEIVING WATER PIPE DEWATERED
' NOTE: BERMS ARE TEMPORARY AND WILL MOVE FROM PLACE TO PLACE IN THE MINE AREA
0 ' WATER LEVEL WILL BE HELD TO 1/2 HEIGHT OF TEMPORARY BERMS
TYPICAL PIT DEWATERING ACTIVITIES
' NOT TO SCALE
' SILT FENCE INSTALLATION DETAIL
Construction Entrance Pad
DESIGN AGGREGATE SIZE - USE 2-3 INCH WASHED STONE. CONSTRUCTION 1. CLEAR THE ENTRANCE AND EXIT AREA OF ALL
CRITERIA: SPECIFICATIONS VEGETATION, ROOTS, AND OTHER OBJECTIONABLE
DIMENSIONS OF GRAVEL PAD -- MATERIAL AND PROPERLY GRADE IT.
THICKNESS' 6 INCHES MINIMUM
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Cell 1 will be excavated first. A berm will be placed around proposed Cell 2.
This area will receive water pumped from Cell 1 up to 1/2 height of dike.
During excavation of Cell 1 a berm will be constructed around it with an
opening left for access. Once mining is completed in Cell 1, the opening will
be closed off and area will be utilized for water pumped for Cell area 2. This
process will continue until mining has been completed in each cell. Areas left
between cells will be excavated down. Berm will be utilized for products to
sell as they are no longer needed. Reclamation will consist of sloping lake
side slopes to 3H to IV to water line and H to V from water line to Cell
bottom. All areas outside lake area will be properly graded and provided with
a vegetative ground cover.
ADJAC
PIN
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D.B. 260, PG. 6B
2
D.B. 291, PG. 262
3
D.B. 290, PG. 615
4
D.B. 290, PG. 621
5
D.B. 302, PG. 668
6
D.B. 243, PG. 381
7
D.B. 243, PG. 616
D.B. 290, PG. 613
8
P.C. C, SL. 158-C
CATEGORY
AFFECTED
ACREAGE
TAILINGS/ SEDIMENT PONDS
0.00
STOCKPILES
0.94
WASTEPILES
0.00
PROCESSING AREA/ HAUL ROADS
0.23
MINE EXCAVATION
8.74
TOTAL AFFECTED ACREAGE
9.91
LEGEND
PROPERTY/ PERMIT BOUNDARY
-0 o
MINE EXCAVATION LIMIT
MINE PERMIT BOUNDARY - NORTH SIDE
—
PROPERTY BOUNDARY
— —
ADJACENT PROPERTY
--- ----- ---
EXISTING TEMPORARY BERM
WETLANDS
UNDISTURBED VEGETATIVE WOODED BUFFER
EXISTING STRUCTURE
CELL BERM
WODS
WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL
2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND
POINTS OF THE VEHICULAR
DIMENSIONS SHOWN ON THE PLANS, AND SMOOTH IT.
ENTRANCE AND EXIT AREA, WHICHEVER IS
GREATER
3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT
LENGTH: 50-FT MINIMUM
TRAP OR OTHER SUITABLE OUTLET.
LOCATION - LOCATE CONSTRUCTION ENTRANCES AND EXITS
4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE
TO LIMIT SEDIMENT FROM LEAVING THE SITE AND TO
STABILITY OF THE FOUNDATION IN LOCATIONS SUBJECT TO
PROVIDE FOR MAXIMUM UTILITY BY ALL CONSTRUCTION
SEEPAGE OR HIGH WATER TABLE.
VEHICLES ( FIGURE 6.06A) . AVOID STEEP GRADES AND
CwITO/. wl/�CC /\T /I10\/f•C ,w, ni,o, ,r` n�nnn
FIRST SOUTH BANK
APPLICATION FOR MINING PERMIT RENEWAL AND MODIFICATION
CAHOON MINE - MINING PERMIT NO.28-15
DARE COUNTY
MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT
MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION DRAWN BY: LESLIE, .SC.`HNEIDER
SITE. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH (AS DIRECTED BY FLOYD WILLIAMS, PG, CPESC)
2-INCH STONE. AFTER EACH RAINFALL, INSPECT ANY
STRUCTURE USED TO TRAP SEDIMENT AND CLEAN DATE MAP COMPLETED: NOVEMBER 25 2013 WILLIAMS
WASHED, OR TRACKED ONTO PUBLIC ROADWAYS. �
SCALE: 1"=100' (UNLESS OTHERWISE NOTED) Environmental & Geological Services, PLLC
REVISIONS: P.O. Box 190 1 Bath NC 27808 ((800 )240-8550
MAY 24, 2013, APRIL 7, 2013 MARCH 23, 2013, FEBRUARY,
DECEMBER 28, 2012
SHEET: 1 OF 1
77
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TYPICAL MINE CROSS SECTION
NOT TO S-CA-L1,
Construction Entrance Pad
DESIGN AGGREGATE SIZE - USE 2-3 INCH WASHED STONE.
CRITERIA:
DIMENSIONW ( W W W W GRAVEL PAD --
THICKNESS:
OF 6NCHES MINIMUM
WIDTH: 12-FT MINIMUM OR FULL WIDTH AT ALL POINTS OF THE
W I VEHICULAR
ENTRANCE AND EXIT AREA, WHICHEVER IS GREATER
LENGTH: 50-FT MINIMUM
I I LOCATION - LOCATE CONSTRUCTION ENTRANCES AND EXITS TO LIMIT SEDIMENT
FROM LEAVING THE SITE AND TO PROVIDE FOR MAXIMUM UTILITY BY ALL
CONSTRUCTION VEHICLES ( FIGURE 6.06A) . AVOID STEEP GRADES AND
MINE EXCAV TION AREA I
25' UNDISTURBED WOODED I I
VEGETATIVE BUFFER
I I
LIMITS OF DISTURBANCE
I
✓CO � !—ca'ta i r
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W BUFFER
w W
-- TO COLUMBIA--- ---
TDIRT PATH FOR I
TRUCK TURN AROUND
I O I
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Access Road
50' Silt Fence
15" Culvert I
PROPOSED AREA FOR
STOCKPILE OF MATERIAL
\ /.
— — — — — — — —
_US HWY 64 -� TO MANNS HARE(
CONSTRUCTION I
ENTRANCE PAD I I
0
I I
CONSTRUCTION 1. CLEAR THE ENTRANCE AND EXIT AREA OF ALL VEGETATION, ROOTS, AND
SPECIFICATIONS OTHER OBJECTIONABLE MATERIAL AND PROPERLY GRADE IT.
2. PLACE THE GRAVEL TO THE SPECIFIC GRADE AND DIMENSIONS SHOWN
ON THE PLANS, AND SMOOTH IT.
I 3. PROVIDE DRAINAGE TO CARRY WATER TO A SEDIMENT TRAP OR OTHER
SUITABLE OUTLET.
4. USE GEOTESTILE FABRICS BECAUSE THEY IMPROVE STABILITY OF THE
I FOUNDATION IN LOCATIONS SUBJECT TO SEEPAGE OR HIGH WATER TABLE.
MAINTENANCE: MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT
FROM LEAVING THE CONSTRUCTION SITE. THIS MAY REQUIRE PERIODIC TOP
25' VEGETATIVE BUFFER DRESSING WITH 2-INCH STONE. AFTER EACH RAINFALL, INSPECT ANY
STRUCTURE USED TO TRAP SEDIMENT AND CLEAN WASHED, OR TRACKED
ONTO PUBLIC ROADWAYS.
11 ADJACENT PWOMMTKEN
PTNT
In«7A7Tp
1
D.B. 260, PG. 619
N/F ROGER CAHOON
2
D B. 291, PG. 262
N/F MAID BIATTEN
3
D.B. 290, PG. 615
N/F JOSEPIi TE Y
4
D.B. 290, PG. 621
N/F FOWL lYI, CAHOON
5
D.B. 302, PG. 668
N/F IRVIN It Alylft- E
6
D.B. 243, PG. 381
N/F DE-LIDET AROSE ET
1JX
7
D.B. 243, PG. 616
D.B. 290, PG. 613
N/F NORMAN CAHOON
8
P.C. C, SL. 158-C
N/F UNITED STATES DEPARTMENT
OF INTERIOR ALLIGATOR RIVER
NATIONAL WILDLIFE REFUGI '
CATEGORY
A ' ' Ea%v. Ak"AGE
TAILINGS/ SEDIMENT PONDS
Q.00
STOCKPILES
Q:94
WASTEPILES
Q.04
PROCESSING AREA/ HAUL ROADS
0.23
MINE EXCAVATION
4.14
TOTAL PERMIT AREA: 1M ACRES
LEGEND
PROPERTY/ PERMIT BOUNDARY
o
MINE EXCAVATION LIMIT
MINE PERMIT
BOUNDARY - NORTH
SIDE
'""'
—
PROPERTY BOUNDARY
— —
ADJACENT
PROPERTY
-------- ---------
SILT FENCE
- - -
WETLANDS
UNDISTURBED BUFFER
EXISTING STRUCTURE
FIRST SOUTH HANK
APPLICATION FOR MINING PERMIT RENEWAL AND MODIFICATION
CAHOON MINE - MINING PERMiIT NO.28-15 AN 2 3 2Q
DARE COUNTY
DRAWN BY: LESLIE SCHNEIDER ! c
(AS DIRECTED BY FLOYD WILLIAMS, PG, CPESC
DATE MAP COMPLETED: DECEMBER 28, 2012WILLIAMS
SCALE: 1 "=100' (UNLESS OTHERWISE NOTED) Environmenntal&Geological Services, PLLC
REVISIONS: P.O. Box 190 1 Bath NC 27808 1(800 )240-8550
SHEET: 1 OF L 'i
It'�;Jt¢��tl,