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HomeMy WebLinkAboutNCG020089_COMPLETE FILE - HISTORICAL_20151119m/lZ/o STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V uc, 09b D D / DOC TYPE rl HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ r,(O I J I I I V' YYYYMMpD .r, North Carolina Department of Environmental Quality Pat McCrory Governor Peter Flynn Kings Mountain Minerals, Inc. P.O. Box 1668 Kings Mountain, NC 28086 Dear Mr. Flynn: Donald R. van der Vaart Secretary November 19, 2015 Subject: General Permit No. NCGO20000 Kings Mountain Minerals, Inc. — Moss Plant COC NCGO20089 Cleveland County In accordance with your request for renewal of a discharge permit received on July 11, 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). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage (COC). Please be advised that EPA Region 4 staff who performed a Compliance Sampling Inspection (CSI) at the end of March 2015 and follow-up sampling in June 2015 at other industrial mineral mines in North Carolina raised concerns about metals levels in the discharges. The Stormwater Permitting Program identified mines like this one that have similar activities. During the term of this General Permit, this site may be evaluated further for an alternative permitting action, such as applying to the Division of Water Resources (DWR) for an individual NPDES discharge permit (or modification of its existing wastewater individual permit) prior to the expiration of this General Permit in 2020. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mineral, and Land Resources, or permits required by the Division of Water Resources (DWR), Coastal Area Management Act, or any other federal or local governmental permit that may be required. If the conditions as stipulated in the COC are unacceptable to you, you may apply sooner for an individual NPDES discharge permit. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 . Internet: http://Rortal.ncdenr.org/web/Ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 I FAX: 919.715-8801 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper A �,. NCG020089 Renewal C©C November 19, 2015 Page 2 If you have any questions concerning this permit, please contact Bradley Bennett at telephone number (919) 807-6378, or Bethany Georgoulias at telephone number (919) 807-6372. Sincerely, -�4 I"W#- for Tracy E. Davis, P.E., CPM cc: Toby Vinson, DEMLR Land Quality Section Tom Belnick, DWR Water Quality Permitting Section Zahid Khan, DEMLR Mooresville Regional Office RE Kip Tyler, EPA Region kV NPDES Permitting and Enforcement Branch Stormwater Permitting Program Files DWR Central Files . Certificate of Coverage Page 1 of I STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER AND WASTEWATER 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, Kings Mountain Minerals Inc is hereby authorized to discharge stormwater and/or wastewater, as provided in the original Certificate of Coverage (COC), or subsequent COC modification, from a facility located at: Kings Mountain Mining, Inc. -Moss Plant 1469 S Battleground Ave Kings Mountain Cleveland County to receiving waters designated as Dixon Branch and Long Branch, class C water(s) in the Catawba River Basin(s) in accordance with the stormwater pollution management requirements, monitoring and reporting requirements, and other conditions set forth in Parts I, I1,1I1, IV, V, and VI of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective October 1, 2015. This Certificate of Coverage shall remain effective for the duration of the General Permit. Signed this day October 1, 2015. for Tracy E. Davis, P.E.,•CPM Director, Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission http://portal.ncdenr.org/web/Ir/2015-crenewal l 1 / 19/2015 North Carolina Department of Environmental Quality _ Technical Bulletin for N.C. General. NPDES Permit NCG020000 (Mining Environmental Activities) Division of Energy, Mineral, and Land Resources Quality Technical Bulletin for NCG020000 (Mining) Last Revised 10/812015 What activities are covered by this general permit? NCG020000 coverage authorizes: • Stormwater discharges associated with mining and quarrying of non-metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance activities (VMA) at mine sites. . Wastewater discharges (dewatering, process wastewater, wastewater recycle system overflows). • Operation of wastewater treatment systems (Authorization to Construct no longer required). NCG020000 coverage is NOT APPLICABLE to: • Borrow Pits covered by the NC DOT statewide stormwater permit. • Peat mining, coal mining, metal mining, or oil & gas extraction operations. • Wastewater not specifically identified by the general permit. What are key stormwater requirements? NCGO20000 requires periodic discharge monitoring and a Stormwater Pollution Prevention Plan (SPPP): • Develop and implement an SPPP, and update it at least annually. • Inspect Stormwater Best Management Practices (BMPs) once every seven (7) calendar days. • Semi-annual analytical monitoring and qualitative (visual) monitoring. • Report stormwater monitoring data once a year by March 1 st to DEG Central Office. • Report benchmark exceedances or Tier 2 monitoring to the DEMLR Regional Office within 30 days. • Respond to benchmark exceedances according to Ter response requirements. What are key wastewater requirements? NCGO20000 stipulates wastewater treatment facility operational requirements and periodic discharge monitoring: • Notify DEQ if facility fails to perform satisfactorily or creates nuisance conditions. • Only DEQ-evaluated flocculants may be used, if administered according to maximum application doses. • Quarterly analytical monitoring for first year, or until four consecutive samples comply with all limits (then semi-annual monitoring allowed). Quarterly monitoring schedule resumes upon any limit violation. • Settleable solids (SS) monitoring applies to discharges to HQW, ORW, SA, 5B, PNA, or Tr designated waters. • Total Suspended Solids (TSS) limits specific to industrial sand mines, and to any mine discharging to HOW. • Report wastewater effluent monitoring data once a year (by March I st) to DEQ Central Office. • Report effluent limitation violations to the DEMLR Regional Office within 30 days. • Effluent turbidity levels above the water quality standard prompt upstream and downstream monitoring. What has changed from the previous permit? Some changes specific to Stormwater: • Reduced BMP inspections (weekly) for active mines; additional allowances for inactive mines that qualify for "dormant status." • Changes to SPPP Annual Update. . "Measureable storm event" (any size that results in a discharge) replaces "Representative" event. • New benchmarks and Tiers specific to turbidity. • Total Flow and event duration no longer required. • pH removed from VMA monitoring. Some changes specific to Wastewater: • May drop to semi-annual W W monitoring after four quarterly samples that comply with all limitations. • Turbidity instream monitoring is required if effluent levels above the water quality standard. • SS monitoring for sensitive waters only (HQW, etc.) • TSS limits apply to industrial sand mines and HQWs. Changes fromthe last permit are detailed In the "Response to" Comments and Summary of Changes" Document for the 2015 NCG02 GP on our website. PAGE TECHNICAL BULLETIN FOR N.C. GENERAL NPOES PERMIT NCGO20000 (MINING ACTIVITIES) Frequently Asked Questions What if my mine is inactive? The permit makes allowances for Inactive mines that have sus- pended all industrial activities and that certify to DEMLR that the site has been stabilized. If . approved for "dormant status," these operations qualify for re- duced BMP inspections and may be exempted from outfoll moni- toring by the Regional Engineer. Do I have to monitor all outfalls? Yes. However, you may request Representative Outfall Status (ROS). if approved. ROS allows monitoring at fewer outfolls. To request ROS, submit an ROS Re- quest Form to the DEMLR Region- al Office. The form is available on our website (below). Also, the Regional Office may exempt mines with "dormant sta- tus" from analytical and/or quali- tative monitoring. What if I sell my business, or the name changes? You are required to notify DEMLR of those changes in writing, and continuation of permit coverage is subject to the Director's ap- proval. Please submit the Name/ Ownership Change form located on our Program website. What do I do when my permit expires? Permitees are not required to sub- mit an application for renewal un- less directed. by the Division. The permittee should continue to abide by this general permit if it expires and renewed coverage has not yet been issued. What is wastewater, and what is stormwater at a mine site? Any water contacting an actively mined area, water used to pro- cess mined materials, and mine dewatering water are all consid- ered "wastewater." For some mines, "mine dewatering" also means wet pit overflows, and not just pumped -out water. Any stormwater that commingles with these wafters is "wastewater." "Stormwater" includes runoff from areas related to mining, pro- cessing, or raw material storage areas, such as haul roads or pro- cessing plant areas at the mine. Sometimes the answer is not clear because of how broad the defini- tions are. For example, N.C. con- siders runoff from areas that con- tain overburden only (no mined or processed material), and that does not commingle with wastewater (including runoff from the mine), to be stormwater. if you are unsure about discharges, please contact the DEMLR Re- gional Office for assistance. Does a certified tab need to analyze my samples? Monitoring under NPDES permits must be conducted in accord- ance with test procedures ap- proved in federal regulations in 40 CFR § 136. All labs certified by LAST REV. I D191 IS North Carolina perform analysis in accordance with those proce- dures.. while N.C. certification re- quirements do not apply to testing stormwater-only discharges, data gathered under an NPDES permit must still conform to federal re- guirements. Using a North Caroli- na certified lab is one way to en- sure compliance. A list of certified labs is available from: http:// portal.ncdenr.org/web/wq/lab/ cert/ What if I pull samples for my analytical monitoring, and I'm unable to get a sample or valid results for a parameter? If this happens, please sample for the missing parameter during the next measureable storm event or wastewater discharge. If I sample my discharge, do I have to do visual monitoring at the same time? You may, but it is not necessary under NCG02. Some other gen- eral permits require it, however, What if there is no flow for a period between two samples that exceed a benchmark? Are those consecutive exceedances? Yes. This scenario still puts you in Tier 2. The new permit is more clear about how the Tier 2 trigger omits periods of no discharge. Who can help me with questions? aim , Your questions about stormwater permit requirements ' can be addressed to the DEMLR Offices: Asheville Office........... (828) 296-4500 Washington Office....... (252) 946-6481 Fayetteville Office....... (910) 433-3300 Wilmington Office........ (910) 796-7215 Mooresville Office....... (704) 663-1699 Winston-Salem Office... (336) 776-9800 Raleigh Office............ (919) 791-4200 Central Office ............. (9191 707-9220 Helpful link: DEMLR Stormwater Permitting Program: http://portal.ncdenr.org/web/ir/stormwater ANNUAL SUMMARY DISCHARGE MONITORING REPORT DMR — STORMWAT,ER . SUBIII111 ro 4CENTRAL`OFF►CE*' - V` ;�. General Permit No. NCG020000 Calendar Year *Report ALL L STORMWATtR rimiortlton" '-d'ta on,thi5fforin,(iriclu�e "No Flovsi'I�No D►scharge and Senctitiiarlc ' M :Exceedances) from the previou§ calendar.'year to''the DEQIby,,MARCH'9 ofeach year •«r" Certificate of Coverage No. NCG02 UUUU Facility Name: County: Phone Number-.( Total no. of SDOs monitored Certified Laboratory Lab # Lab # Stormwater Discharge Outfall (SDO) No. VIVIA Outfall? Yes U No U Is this outfall currently In Tier 2 for any parameter? Yes [] No ❑ Was this•ou1611 ever)h,.Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough oonsecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ 'OutfalliNo. i.. �L'( {I Rainfall b Nincliesi � t M, h TSS SS / Iv kmgll. + mill d �3 Turbid�{� tYl s NTU';Y �� 1VaY 4i i �.9,.-N% �5:7 ;Upstream ' FDownstream r - .��, � 1(U)Milbidity I );ibr itli#j/�° S 1 - 1 f .w '""' 'r „�. + -4wc� r L� NTi!'° NTU '' �W ��s,{uM1ANal C., i' f �n• H';�" r Non .polar •+ `w"S Jai O&G,,mg1i¢ 7w -� N� f ` ,• �NeW P �Motorl OII 'L�.�r s'"_ lko Visage , �SEo-�, ��� rmwafer.� rBenChmark�`s, ! ,�,Y�;z�-•s� �rkldl[ifY No{�' :F1° ;�70015CI��j50_1251{t0u .r�c�ru.�si �-; 1'BOnChmatit YY3W[.,,� i;�rs�ciR,.� x* F $11,Chtnalk �._R. ,:,�: N1A'�� >� �tNfA�' `s '' Y. •► a� —Cn� �^: �e'•i�r f: t+ � ,�ry,��,.-4,' w,m:,s.15�� .,,c.Standaid appllaay; ;'Staledardapglsa� ', ��`�,:.x',r, s_�:}- L- :t1T� �� ,i.+y _ ,;,�n_swul�l�`,��+. {�'tVlfa9! Y.Qldffa T9SandNon�oiar� ._qaG fnortSeoRn (( hi3ateSample Coilectecl� " Permit Date 10/112015 — 9/3012020 Last Revised f 0-2-2015 Certificate of Coverage No. NCG02 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Stpim` Water bisaharge Outfall (SDO) No. VMA Outfall? Yes ❑ No 0 Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough consecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ■❑ Peiinit Date 10/1/2015 - 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑❑❑Q Additional Outfall Attachment (make copies as needed for additional outfalls) Stormwater Discharge Outfall (SDO) No. VMA Outfall? Yes ❑ No ❑ Is this outfall currently in Tier 2 for any parameter? Yes ❑ No ❑ Was this outfall ever in Tier 2 during the past year? Yes ❑ No ❑ If this outfall was in Tier 2 last year, was monthly monitoring discontinued? Yes, enough oonsecutive samples below benchmarks to decrease frequency ❑ Yes, received approval from DEMLR to reduce monitoring frequency ❑ No, turbidity benchmark exceedances did not require monthly monitoring ❑ Other ❑ Permit Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑QQ❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.221 Signature Date Mail Annual Summary Stormwater DMR fo,the NCDEQ Central Office: Note -the address'is correct — Central Files 'is.housed in DWR (not 6kh4LR) N.C. Departrtient�of.Environmental Quality (DEQ) Division of Water Resources Attn: DWR Central Files 16.17 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 101112016 — 9/30/2020 Last Revised 10-2-2015 ANNUAL SUMMARY DISCHARGE MONITORING REPORT, (DMR),-7.WASTEWATER ,TO PEN -SVOMIT- CENTRAL-OFFICES General Permit No. NiOG020000 Calendar Year 'Report -ALL' WASTEWATER'moriitoring;data on this form (irialude "Na ' -*'" "the.previous caIendaryear to6'6,Dfd bYMARdH_�e6f. e6ch:yar Certificate of Coverage No. NCG02 EIDEIR Facility Name: County: _ Phone Number: Certified Laboratory Lab # Lab # Total no. of outfalls monitored Wastewat6r (WW) Discharge Outfaill No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes E] No 0 Does this outfall discharge WW.to SA waters?. Yes 0 No C] Does this outfall discharge WW to SO or PNA waters? Yes El No 1:1 Does this outfall discharge WW to HQW or ORW waters? Yes E] No E] If'so, %ilhai is th'44diO. how rate? or Tidally 16'646�"dliwatersi 7Q10 not available E] Does this outfall discharge WW to Teo -Lit (Tr} d16046ated' ers Yes 0 No 07 "-' I - Were there any limit violations in the calendar year? Yes ❑ No 0 �5 Qu fail No ` uallypF10' Atww' C 0 T, �T� S g, Mz- SS Discharge, _y, 70, T jUpstrfam �(U�,Jfurblldlty,t "M 77 '�NTU7 "'k R4 ID t owns reaffi� SPYTurbidit RT F� Ubffl C6111ifpr6)7, SA) Ok" B-5 g,;Effl0et� �v -fiimftflons0, , - 1 E,!-, 257VMc 1D ,. VV. A. OW 08 x1ndustral Sand,'. ­�� ,%20/3q; 4p. . �A t710 QA/0;2 0 i t Wo,Li m it z50125110i- 4 NIA T- -IbP1 yrr!�lecte r. I millm N -JIM § NEW Permit Date 101112015 — 9130/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑❑❑❑ Additional Outfall Attachment (make copies as needed for additional outfalls) Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SIB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7010 flow rate? or Tidally influenced waters, 7010 not available ❑ Does this outfall discharge WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year reported? Yes No ❑ Permit Date 10/112015 -- 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. NCG02 ❑❑❑❑ Additional 4utfall Attachment (make copies as needed for additional outfalls) Wastewater (WW) Discharge Outfall No. Is this an industrial sand mine (See 40 CFR §436 Subpart D)? Yes ❑ No ❑ Does this outfall discharge WW to SA waters? Yes ❑ No ❑ Does this outfall discharge WW to SIB or PNA waters? Yes ❑ No ❑ Does this outfall discharge WW to HQW or ORW waters? Yes ❑ No ❑ If so, what is the 7010 flow rate? or Tidally influenced waters, 7Q10 not available ❑ Does this outfall discharge WW to Trout (Tr) designated waters? Yes ❑ No ❑ Were there any limit violations in the calendar year reported? Yes ❑ No ❑ Permit Date 101112015 — 9/30/2020 Last Revised 10-2-2015 Certificate of Coverage No. N0002 ❑❑❑❑ CERTIFICATION "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." [Required by 40 CFR §122.221 Signature Date Mail Annual Summary Wastewater DMR to the NCDEQ Central Office: Note the address is correct — Central Files is housed in DWR (not DEMLR) N.C. Department of Environmental Quality-(DEQ) Division df,WaterJResnurces Attn: DWR Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 Central Files Telephone (919) 807-6300 Questions? Contact DEMLR Stormwater Permitting Staff in the Central Office at: (919) 707-9220 Permit Date 101112015 — 9/30/2020 Last Revised 10-2-2015 BENCHMARK EXCEEDANCE or TIER 2 DISCHARGE MONITORING REPORT MR) — STORMWATER f A z IS' .0 General Permit No. NCG020000 'egj I NP!q-qny, parameter_ in6lu Wrdlitk�2, Turbid n a utif-to th EMLR'onal,Dffice day6f t-from Ihe-labbratb Certificate of Coverage No. N0002 Facility Name- Sample Collection Period: Period 1 [:) Period 2 ❑ Calendar Year County- For Monthly Monitoring: Month Phone Number: Person Collecting Samples: -Certified Laboratory: Lab #- - Lab : # Has this facility. had 4 or more benchmark,exceedances for any.single.pararneter, at anyone SW discharge outfall (SDO)? YesL] Nor] Have you contacted the"Rigibn4l bklci? Yes L) No E] Whom afthei Ri6l6ndid you . speak with?" Part A: Stormwater Mon Itorina"Reaulrern ents (no VMA. see next-Daae for-outfalls with VMA) Dugtay —• aNa Collected 11 Ot 60 lb Itrflutgu 1tmgjj ,, s i�Sdffrea � 6 `— I •y r bl" W ur k �Pdwnst earn (D),, biq't" T. M Inc rs Y/N, Fx A. 6rTrd"antad4.j NX— Wafer Quail y ftandard appUes - wat@F liy Standard -applies— Pennit Date 10/1/2015 - 9/30/2020 Last Revised 10-2-2015 Page 1 of 3 Certificate of Coverage No. NCG02 ❑00❑ Part A: Storrnwater Monitoring Requirements (no VMA), coat. 'r 'k'1-• f .�sYgs r r Outfall N SxXt.n. ^rt.° y.. Date Sam few � ,T w�P._ Callecied i3 4 V �1:1 '�t'�Yt 'S.A �- '° •�.-,. �_ Total Is #his Sl]O in Tier 2?; �RarifalfVV Total,. �i., Suspended ±S'.,�a .«.�. Solids, (TSS), myjj:•. {, r� '1sx',r�•'ls1 .Settle�aible' -a'r^%""Fwrv;` Solids; mill -1Y43 3` ?".,".. �. , i ;a. -' �+? Tiurbiclf i•NTU� - ¢„ tY�,. ,k �� •-i r. - j •1 .-. ..d.li _ne i. _Upstream (U .Dowinstream (D) '.i- Y ,Turbidity, � ;,.,Turbidity;?4 k ' *s'r N,TU �� NTU;� ,;� . ' -- molddlyr.>N/A- '�r:ctNt�i.O•' �S-".Y .. , ..-�' `+11t� .•YfD. - e �+ �4 T�� 1+ i." ` iI;O 7. �_. 'PliA, i�. "� ��: r y� es'yc'4 �"�.•`4.-s F T-x•04 •.cL1'�n •sM1 60 � � 1 � 1 /Y - �F3 V n►M!�MgtK_.Tfd MI �Ssli� •ap�lnsr+aln _ f.�i�+flisW��Nt..^hPS ... .._ r u �Ari.w' ww..-e�- i � .•- r n.• . - Wata�Qua[Ri' 4►F-,$�QnysPPlks Standard appllw �s ;7' rY Part B: Storinw-iter Monitoring Requirements for SOOs with Vehicle Maintenance Activities (VMA) where facilities use > 56 gallons of new motor oil a month if averaged over the calendar year. --NOTE.- Other Parameters only for outfalls that include both mining activities and W MA. ' h '^ t n.�r=s ,., Outfall :x, t �• �� ) D `Sarti 'ie� "-Total - •� ,�-,u��,.�P �n �.� �'� ;�Coilected" .Rainfall r vx .�.�..r VMA ; - y' �cTSS,� m I s �w. 91 �� VMA on1yVMA Non�'`alar" � � P �. OG mgll s. IYSL 2 .. only � New Mdtor :�:�.� ,r c OileNTU aa.rs" ira.�in';', If�applic'a'tile • �' ` �:.�rSS,,'s�,�sUpstream'(U) w St ._-amlll$' r. 'h•.r''!�x...��+ •r? llf�a plicatifey/f p�i`;� M TrtM J��� Turbidi ;.ti ,�v ..,Turbidity= • n.F.i :z t-r'c'" • _.a§ applrc'atiteWif�ajvplicable�F< � a'iah°1..�� ` ' =.. % ..a 6..a+.=< �'%. i 5t ' �'f•�~ s; �Down'sfream�(�), Y Turbidity, . a� +� . o 00150'� 7 'A ' �i+i:3asa, b �SS1 as.rx 0.9 r. r: t. 50f2i> 90 NIA ,.i ,s. ,. + Permit Date 101112015 — 9/30/2020 Last Revised 10-2-2015 Page 2 of 3 Certificate of Coverage No. NCG02 [10C]❑ CERTIFICATION " I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required by 40 CFR §122.221 Signature Date Mail Benchmark Exceedance/Tier 2 DMR to Your DEMLR Regional Office Land Quality Section: 2090 US Highway 70 Swannanoa, NC 28778 (828) 2964500 3800 Barrett Drive Raleigh, NC 27609 (919) 791-4200 225 Green Street Systel Building Suite 714 Fayetteville, NC 28301-5043 (910) 433-3300 610 East Center Avenue/Suite 301 Mooresville, NC 28115 (704) 663-1699 943 Washington Square Mall 127 Cardinal Drive Extension Washington, NC 27889 Wilmington, NC 28405-2845 (252) 946-6481 (910) 796-7215 WINSIONY_ SAiL''EWREGIONL" AGENTRAI&OFt —E ; OFFICY-� Questions for The Central Office i 450 Hanes Mill Road, Suite 300 Winston-Salem, NC 27103 Stormwater Permitting Program? i (336) 776-9800 (919} 707-9220 Permit Date 10/1/2015 — 9/30/2020 Last Revised 10-2-2015 Page 3 of 3 LIMIT VIOLATION DISCHARGE MONITORING REPORT (DMR) — WASTEWATER �::.�`i�` � -`�i: �4+�"5*rk�-M�eh f;r+�-'r ir. .nr, �z s'i ,,�'- - -- �^ --�'�-^'^r=-.�•-r5�'�E--Y": - - � �,�-s 'r: -t..i .. .`�- +a'.Y +S-.T.r.'=�.r"*'i..' "';t? General Permit -No. NCG020000 rs -, - ?ram= t ., -..- _- r_' r ,, _ ; � l!§ektliii3 form if anjr wastewaCciFYmples have�EXCEEDEDtA?�WASTEWAT RgLIMIl,forany;parameter. ~sR tiv i s Sendtsairiple result's to,the`�bE Regianal'Office wif/iirr 30 days of receipt;frrirrr life"18boratary' • Certificate of Coverage No. NCG02 ❑❑ Facility Name: County: Phone Number: (�_ _) Certified Laboratory: Sample Collection Period: Qtr 1 ❑ Qtr 2 ❑ Qtr 3 ❑ Qtr 4 ❑ Calendar Year If Monthly Monitoring: Month Person Collecting Samples: Lab # Lab # Is this an Industrial sand mine? Yes ❑ No ❑ Discharge to HOW or ORW waters? Yes ❑ No ❑ Discharge to SA waters? Yes ❑ No ❑ Discharge to Tr (Trout) waters? Yes ❑ No ❑ Discharge to SIB or PNA waters? Yes ❑ No ❑ If HQW, what Is the 7010 flow rate? or Tidal, 7Q10 not available ❑ Wastewater Monitorina.Reaulrements r ­tYi1�.+ ,�'_ '� '.<,..Date Outfail.,, .ti '-i.h"S ;J�� _'r.r• .rw9' .1! Sampler _. �,^ Collected �m .. ":V �< •\_ •. Daily Flow; ;��:- _ r 1 ,Rate, cfs h �' "i - - .• KPH, r i .D x SU ,.,Ap$olitis 'yF:, �dt�l r��-..,�d� yt.'[5-1f Suspended � n n .� .�..�•.st� (�TSS),k, �. � .•zT.��Fy� �'k�i �Settleable� �-Y-�n+is4�' ,Solids,. f4F`a-+�'•�"���s wry.� ,ra !� f.�.. nLF).wn•a_..,.�•.•f!Isr' `' Discharge` ' ': '. Turbidity;;NTU} '& i�2'i,T��„'?� �.�'F7;. "Upstream (U) t, �.,,Turbidi ,� " k ,NTUf , ��{� : �}«`•r3 l �J.�. -- Downstream' D Turtiidi ,,. � :` NTtJ �- r _ 'i��-`;,� T.�} .,'4=Fecala.�; 1i, .Coiiform,7" 1;aolI100,AI •. y'r+r �yc�Q � � ,tia%' `-?f .$"{j�RhiK'jLyr`,�'CrP�. t.e..af.,a.�x'r)`+"7" y5+..HOYIf.or,dRW r moldd/yrr tF �i rt r7+Mr�}i4 L6rdkatr'lY4FLOWN,; F�fi ±�'�� �'r, Y.iiair�a�.iaild3 v. f50lo of 'i; r �f '-:�]: ..ss fraAwiter K'1` r .0,;9 0 uliwaler w -$' `';O1ZrJI�wIO; yP '_�.#��,w��ry �irJ�� � ?M;«�.-ri-.�-, +��..-*..pro•. =Hawo.oRvr , `HQWurORWTrorPllAi � :�.1;0{1S�f•' C5- �{%�r—.iY v, ")H 'W O � 7f9B� 1 C i RVYi SA, x PN!Lorei�YtTm�d .� , ,' '.F.Y,a�� ...3;a�a�fibn`.d - �.vr., 1. i�i {.. •J .>iw „Jwwr�.'._gL,•`''�-M"'i` �`��n' !' M • e t�'' NaFLimlt; :3 Chili Water GuaRtjrAntlard ri ram^ _.athe! lar:"' s r rt*.:r �.r">'. i �:•i� id �'�4.: ��• - r �.�. `- •�-_-.-..•Lr' N1A-� --- - Watir`Gwlny r�iriA4rd+�PP� -'' a i :.�r'!Ycnf we 'e�'k•Y�."+�+r" .'.t'A .,:.+.... NIA_ Water GuYury andeida ue*,:, .Et PP �4. MM�+r-.r'`•P+'+F�!!L `Y -.H.F.' r , - •+ Permit Date 1011/2015 - 9/30/2020 Last Revised 11- 1&2015 Page 1 of 3 Certificate of Coverage No, NCG02 ❑❑❑❑ Permit;Date 101112015 — 9/30/2020 Last Revised 11-18-2015 Page 2 of 3 Certificate of Coverage No. NCG02 ❑❑❑❑ . CERTIFICATION " I certify, under penalty of iaw, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." (Required by 40 CFR §122.221 Signature Date Mail Limit Violation DMR to Your DEMLR Regional Office Land Quality Section: 2090 US Highway 70 Swannanoa, NC 28778 (828) 2964500 3800 Barrett Drive Raleigh, NC 27609 (919)791-4200 450 Hanes Mill Road, Suite 300 Winston-Salem, NC 27103 (336) 776-9800 225 Green Street Systel Building Suite 714 Fayetteville, NC 28301-5043 (910) 433-3300 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 CENµTRAL .OFFICE Questions for The Central Office Stormwater Permitting Program? (919) 707-9220 610 East Center Avenue/Suite 3.01 Mooresville, NC 28115 (704) 663-1699 I27 Cardinal Drive Extension Wilmington, NC 28405-2845 (910)796-7215 Permit Date 10/1/2016 — 9/30/2020 Last Revised 11-18-2015 Page 3 of 3 A%h NCDENR Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on filling out this form, please visit: Permit No.: �i/� j_ _/_/_/,/_ _/_ /_/ or Certificate of Coverage No.: Facility Name: County: Phone No. Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): Was this a "Representative Storm Event" or "Measureable Storm Event" as defined by the permit? (See information below.) ❑ Yes ❑ No Please verify whether Qualitative Monitoring must be performed during a "representative storm event" or `measureable storm event" (requirements vary, depending on the permit). Qualitative monitoring requirements vary. Most permits require qualitative monitoring to be performed during a "representative storm event" or during a "measureable storm event." However, some permits do not have this requirement. Please refer to these definitions, if applicable. A "representative storm event" is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours (3 days) in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event moist have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. By this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) Pagel of 2 SVWU-242, Last modified 7/31/203.3 1. Outfall Description: . Outfall No. Structure (pipe, ditch, etc.) Receivins Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which best describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 S. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount, of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. Is there any foam in the stormwater discharge? Yes No 8. Is there an oil sheen in the stormwater discharge? Yes No 9. is there evidence of erosion or deposition at the outfall? Yes No 10. Other Obvious Indicators of Stormwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 sWU-242, Last modified 7/31/2013 ALF NCDENR Stormwater Discharge Outfall (SDO) Qualitative Monitoring Report Forguidance on filling out this form, please visit: http:llportal.ncdenr org/web j1Jnp¢e,,-stoxmyzatgr/ Permit No.: Lv/�/�/�/�/_/wIJ_l or Certificate of Coverage No.: Facility Name: County: _ Inspector: Date of Inspection: Time of Inspection: Total Event Precipitation (inches): - Phone No. Was this a "Representative Storm Event" or "Measureable Storm Event" as defined by the permit? (See information below.) ❑ Yes ❑ No Please verify whether Qualitative Monitoring must be performed during a "representative storm event" or "measureable storm event" (requirements vary, depending on the permit). Qualitative monitoring requirements vary. Most permits require qualitative monitoring to be performed during a "representative storm event" or during a "measureable storm event." however, some permits do not have this requirement. Please refer to these definitions, if applicable. A "representative storm event" is a storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours (3 days) in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. A "measurable storm event" is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DWQ Regional Office. 6y this signature, I certify that this report is accurate and complete to the best of my knowledge: (Signature of Permittee or Designee) Pagel of 2 SM-242, Last modified 7/31/2013 1. Outfall Description: Outfal! No. Structure (pipe, ditch, etc.) Receiviniz Stream: Describe the industrial activities that occur within the outfall drainage area: 2. Color: Describe the color of the discharge using basic colors (red, brown, blue, etc.) and tint (light, medium, dark) as descriptors: 3. Odor: Describe any distinct odors that the discharge may have (i.e., smells strongly of oil, weak chlorine odor, etc.): 4. Clarity: Choose the number which hest describes the clarity of the discharge, where 1 is clear and 5 is very cloudy: 1 2 3 4 5 S. Floating Solids: Choose the number which best describes the amount of floating solids in the stormwater discharge, where 1 is no solids and 5 is the surface covered with floating solids: 1 2 3 4 5 6. Suspended Solids: Choose the number which best describes the amount of suspended solids in the stormwater discharge, where 1 is no solids and 5 is extremely muddy: 1 2 3 4 5 7. Is there any foam in the stormwater discharge? Yes No 8. Is there an oil sheen in the stormwater discharge? Yes No 9. Is there evidence of erosion or deposition at the outfall? Yes No 10. Other Obvious Indicators of Storniwater Pollution: List and describe Note: Low clarity, high solids, and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These conditions warrant further investigation. Page 2 of 2 SWU-242, last modified 7/31/2013 Georgoulias, Bethany From: Georgoulias, Bethany Sent: Thursday, October 29, 2015 10.49 AM To: 'dawn.whaley@imerys.com' Cc: 'peter.flynn@imerys.com'; Bennett, Bradley; Pickle, Ken Subject: NPDES General Permit NCG02 Renewal Update - Special Notification for NCG020089 Dear Ms. Whaley, We are writing to notify you that your facility will receive a paper renewal package for this permit instead of an email about renewing your Certificate of Coverage (COC) on-line for this mine site, covered under Certificate of Coverage No. NCG020089 (Kings Mountain Mining — Moss Plant). We realize that you requested the on-line renewal option and have been waiting for those instructions and PIN to complete it. We wanted to get in touch about why you'll receive something different. Inspections and sampling by U.S. EPA Region 4 staff earlier this year at three industrial mineral mines in western NC have raised questions about whether this General Permit provides appropriate coverage for the discharges from similar types of mining and processing operations. We will renew your facility's coverage under the General Permit, but we will communicate special information with the renewal package. This site may need to apply for an individual NPDES permit in the future. Please be on the lookout for important correspondence from us in the coming weeks. Regards, The Stormwater Permitting Program Bethany Georgoulias I nvironmcntal I_ngineer Stormwater I'crniilting Program, Division of Lnergy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 oftice bet hany.georgouIias a,nedenngov 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Websile: htt :ll ortal.ncdenr.or y/web/Ir/stormwater fc. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to thin! parties. do IMERYS Mica Kings Mountain, Inc. P. O. Box 1668 . Kings Mountain, NC 28086 12/09/13 Mrs. Bethany Georgoulias, Environmental Engineer NC Division of Environmental and Natural Resources Water Quality Section 1601 Mail Service Center Raleigh NC 27699-1601 RE: Permit Modification Dear. Mrs. Georgoulias: Please find enclosed a copy of the application for General Stormwater Permit modification NCG020089. We were advised by Mr. Samar Bou-Ghazale to forward a copy of the application for your attention. Imerys Mica Kings Mountain, Inc. is herewith submitting an application to modify the current General Stormwater Permit NCG020089 as outlined in the inspection report received from your office on November 6, 2013. As advised by Mr. Samar Bou- Ghazale, a permit modification that identifies all six (6) outfalls controlled by the permit is enclosed. This is the only modification requested and all other information and conditions remain unchanged. This modification affects Certificate of Coverage NCG 020089 and is to clarify the outfalls as follows: 01 —Archdale mine 02 — H1 mine west 03 — H1 mine east 04 — Wiley mine (inactive, currently being reclaimed) 05 — Hawks mine (inactive, currently being reclaimed) 06 — Moss stormwater ponds If you have any questions or need more information, please do not hesitate to contact me at 704-734-3513 Best Re ards, Peter lyn j, Operations Manager u IMERYS Mica Kings Mountain, Inc. P. O. Box 1668 . Kings Mountain, NC 28086 11/15/13 Detailed narrative for stormwater management as described in the permit application Section VI, #5. This permit modification is solely to clarify the outfalls currently located at the site and covered under the current permit (NCG 020089). Outfall 01 is located at the Archdale mine. This discharge is due to mine dewatering and is controlled by an engineered sedimentation pond and filter dam..Discharge from this outfall has been permitted for at least the past 15 years. Water enters the pond via pumping from the pit floor, and via rainfall. Pumping can be controlled. Outfall 02 is located at the H1 mine on the westernmost boundary. This discharge is due to mine dewatering and is controlled by an engineered check dam/pond system. This system was approved by the State as a part of the mining permit modification that occurred in January, 2011. Water enters the pond via pumping from the pit pond and via rainfall. Outfall 03 is located north and east of outfall 02 at the H1 mine. This discharge is due to mine dewatering and is controlled by an engineered check dam/pond system. This system was approved by the State as a part of the mining permit modification that occurred in January, 2011. Water enters the pond via pumping from the pit pond and via rainfall. Outfall 04 is located at the south end of the inactive Wiley mine. This mine is currently under final reclamation. The outfall is stormwater runoff via surface flow. Outfall 05 is located at the southwest corner of the inactive Hawks mine. The stormwater runoff is controlled via surface vegetation. Outfall 06 is located at the eastern edge of the Moss plant, near the three stormwater only ponds. The Moss plant has an intricate closed loop system for process water and precipitation capture, and the three stormwater ponds are completely separate and not connected to this system. Stormwater runoff rarely occurs due to the grade and topography, and is controlled via surface vegetation. DEMLR USE ONLY Date Received Fee Paid Permit Number Applicable Rules: ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt PIan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land.Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This fornt may be photocopied for use as an original I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Moss Mine 2. Location of Project (street address): 3 4 1469 S. Battleground Avenue City:King Mountain County:Cleveland Zip:28086 Directions to project (from nearest major intersection): From the intersection of Dixon School Road and Battleground Avenue, travel approximately 1.5 miles south on Battleground. Site is on the East side of the road. Latitude:35° 12' 11.03" N Longitude:810 23' 17.46" W of the main entrance to the project. IL PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tRenezoals with modifications also requires 5WU-102 - Renewal Application Fortn b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberNCG 020089 , its issue date (if known) latest revision was issued 1/1/10 and the status of construction: ❑Not Started ❑Partially Completed* ® Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ❑High Density ❑Drains to an Offsite Stormwater System ®Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, N A and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑Sedimentation/Erosion Control: ❑NPDES Industrial Stormwater ❑404/401 Permit: Proposed Impacts ac of Disturbed Area b.If any of these permits have already been acquired please provide the Project Name, Project/ issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No ❑Yes If yes, see S.L. 2012-200, Part VI: hit portalmcdennorg web/lr(rules-and-regulations DEC z t 2013 Form SWU-101 Version Oct. 31, 2013 Page I of III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/ Organization: Imerys Mica Kings Mountain Signing Official & Title:Peter Flynn, Operations Manager b.Contact information for person listed in item I above: Street Address:1469 S.,Battle round Avenue City:Kings Mountain State:NC Zip:28086 Mailing Address (if applicable):P.O. Box 1668 City:Kin s Mountain Phone: (704 ) 734-3513 Email:peter.flynn@calderys.com State:NC Zip:28086 Fax: (704-739-3731 Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) 4 ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title:— b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: l 1 Email: State: Zip: State: Fax: ( Zip: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization: Signing Official & Title:— b. Contact information for person listed in item 3a above: Mailing Address: City: Phone: { Email: State: Fax: Zip: 4. Local jurisdiction for building permits: City of Kings Mountain Point of Contact: Phone #: (704 ) 734-4599 Form SWU-101 Version Oct. 31, 2013 Page 2 of 6 IV. PROJECT INFORMATION 1. In the space provided below, briefl summarize how the stormwater runoff will be treated. Sedimentation pondsfilter dams and check dams. 2. a. if claiming vested rights, identify the supporting documents provided and the date they were approved. ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph 11 - Post Construction 3. Stormwater runoff from this project drains to the Dixon Branch of Catawba River basin. 4. Total Property Area: acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water -Area (6) = Total Project Area': acres Total project area shall be calculated to exclude the following the normal pool of impounded structures, the area between the banks of streamts and rivers, the area below fire Normal High Water (NNW) line or Mean High Water (MHW) litre, and coastal wetlands landward from the NHW (or MHVO line. The resultant project area is used to calculate overall percent built upon area (BUA). Nat -coastal wetlands landward of the NHW (or MHW) line rmay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 9. How many drainage areas does the project have?6 (For high density, count 1 for each proposed engineered stormwater BMP. For lout density and other projects, use 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 01 Drainage Area 02 Drainage Area 03 Drainage Area 04 Receiving Stream Name Dixon Branch Dixon Branch Dixon Branch Dixon Branch Stream Class * C C C C Stream Index Number * 11-120-1 11-120-1 11-120-1 11-120-1 Total Drainage Area (so 8,933,721 2,208,745 1,425,384 1,483,122 On -site Drainage Area (so 6,356,245 2,208,745 957,216 1,483,122 Off -site Drainage Area (so 2,577,476 0 468,168 0 Proposed Impervious Area'* (so 16,780 0 28,394 0 Impervious Area** total 0.3 0 2.0 0 Impervious" Surface Area Drainage Area 01 Drainage Area 02 Drainage Area 03 Drainage Area 04 On -site Buildings/Lots (so 1104 0 600 0 On -site Streets (so 7126 0 27794 0 On -site Parking (so 8550 0 0 0 On -site Sidewalks (sf) 0 0 0 0 Other on -site (so 0 0 0 0 Future (so 0 0 0 0 Off -site (sf) 0 0 0 0 Existing BUA*** (sf) 1 0 1 0 1 0 0 Total (so. 1 16,780 1 D 1 28,394 0 * Stream Class and Index Number can be determined at: )tttp.aortal.rtcdertr.or ebhoq&s/csu/classificatiorrs Form SWU-101 Version Oct. 31, 2013 Page 3 of IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the stormwater runoff will be treated. 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b.If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the River basin. 4. Total Property Area: acres 5. Total Coastal Wetlands Area: acres 6. Total Surface Water Area: acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water•Area (6) = Total Project Area': acres Total project area shall be calculated to exclude the following the normal pool of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHW) line or Mean Higli Water (MHW) line, and coastal wetlands landward from the NHW (or MHM line. The resultant project area is used to calculate oaerall percent built rrpon area (BLIA). Norr-coastal wetlands landward of the NHW (or MHW) lice uiay be included in the total project area. S. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 % 9. How many drainage areas does the project have? (For high densihj, count I for each proposed engineered stormmwater BMA For low density and other projects, use I for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 05 Drainage Area 06 Drainage Area Drainage Area _ Receiving Stream Name Dixon Branch Dixon Branch Stream Class * C C Stream Index Number * 11-120-1 11-120-1 r Total Drainage Area (so 1,269,317 14,674,200 On -site Drainage Area (so 1,269,317 5,247,202 Off -site Drainage Area (sf) 0 9,426,998 Pro osed Impervious Area** (so 0 0 % Impervious Area** total 0 0 Impervious- Surface Area Drainage Area 05 Drainage Area 06 Drainage Area Drainage Area On -site Buildings/Lots (so 0� 0 On -site Streets (sf) 0 0 On -site Parking (so 0 0 On -site Sidewalks (sf) 0 0 Other on -site (so 0 0 Future (so 0 0 Off -site (so 0 0 Existing BUA*** (so 0 1 0 Total (so: 0 1 0 Stream Class and Index Number can be determined at: htt . portal.ricdennorg eb/zvrl[ps/csu/ciassificrttiort5 Fonn SWU-101 Version Oct. 31, 2013 Page 3 of ** liltpenvious wren is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ** Report only that attiount of existing B CIA that will retrain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Projects in Union County: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species waters{ied that maybe subject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdenr.org/web/wws/­su/`­bmp-manual. V1. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from htt ortal.ncdenr.or web w ws su statesw forms does. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at h ortal.ncdenr.or web w ws su ma s.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms_docs. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictio0s; & Protective Covenants Form. (if required as per Part V11 below)' 3. Original of the applicable Supplement Form(s) (sealed, signed and dated) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.envhelp.org/pages/onestopexpress.htmi for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/managementfor the project. This is required in addition to the brief summary provided -in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the mile radius on the map. 7. Sealed, signed and dated calculations (one copy). - 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. d. Legend. e. North arrow. f. Scale. g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any Coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. Form SWU-l0l Version Oct. 31, 2013 Page 4 of 6 m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SFIWT elevations (Please identify _ elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit far DEMLR to verifij the SHVV1' prior to submittal, (910) 796-7378.) 10. A copy of the most current property deed. Deed book: Page No: 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 2H.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned. http://www.secretary.state.nc.us/Corporations/CSearch.aspx VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.orUweb/Irlstate-stormwater- forms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer: Consulting Firm: Mailing Address: City: State: Zip: Phone: ( Fax: ( ) Email: IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been fllIed out, complete this section) I, (print or hjpe name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information, item In) with (print or hjpe name of organization listed in Contact Information, itent In) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version Oct. 31, 2013 Page 5 of As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: I, . a Notary Public for the State of County of do hereby certify that personally appeared before me this _ day of and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or hjpe name of person listed in Contact Information, item 1a) certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules under 15A NCAC 2H .1000 and any other applicable state stormwater requirements. Signature: Date: I, , a Notary Public for the State of County of , do hereby certify that before me this day of personally appeared , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires Form SWU-101 Version Oct. 31, 2013 Page 6 of NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, R E. Dee Freeman Governor Director Secretary November 28, 2012 Peter Flynn lmet}°s Mica Mountain, Inc P.O. Boa 1668 Kings Mountain, NC 28086 Subject: NPDES General Permit NCG020000 Certificate of'Coverage NCG020089 Moss Plant Cleveland Coltnty Dear 11r. Flynn: On May 30, 2012, Division personnel received your request to revise your Stormwater permit Certificate of Coverage to accurately reflect your new company and facility name. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in fuli effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED B) KEN PICKLE for Charles Wakild, cc: Mooresville Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Servioe Center, Raleigh, North Carolina 27699.1617 Localiow 512 N. Salisoury St. Raleigh, North Carniina 27604 Phone: 919-807.6300 L FAX: 919-807-64941 Customer Service: 1-877-623-6748 Internet: www.nrwaierquality org An Equal Opportunity', Affirmative Action Employer One NorthCai-olini Naturally STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision ol'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 Conlrol.Act, as amended, Moss Plant is hereby authorized to discharge stormwater from a facility located at Moss Plant 1 469 S. Battleground Ave Kings Mountain Cleveland County to receiving waters designated as Dixon Branch, a class C. waters in the Catawba River Basin in accordance with tltc effluent limitations. monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective November 28, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 28, 2012. ORIGINAL SIGNED M KEN PICKLE for Charles Wakild, P.L., Director Division of Water Quality By Authority of the Environmental Management Commission � 1 NCDENR NORTrI GROLl- DEPA7-1 OE' F uv�Rc�v HF.W — Nn�JRAL RE- IRCE:s Division of Water Quality I Surface Water Protection National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year Month Day 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I G I S 0 N C G 0 2 1 0 I 0 8 D9 II. Permit status prior to requested change. a. Permit issued to (company name): Kings Mountain Minerals, Inc. b. Person legally responsible for pertnit: - Peter Flynn First MI last Plant Manager � "title 11.0. Box 1668 Permit I folder Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3513 (704) 739-3731 Phone Fax c. Facility name (discharge): Moss Plant d. Facility address: 1469 S. Battleground Ave. Address Kings Mountain NC 28086 City State Zip e. Facility contact person: Dawn Whaley (704) 734-3516 First 1 M I / Last Phone III. Please Provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility XX Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit d. Facility name (discharge): e. Facility address: f. Facility contact person: Imerys Mica Kings Mountain, Inc. Peter Flynn First Ml Last Plant Manager Title P.O. Box 1668 Permit }-colder Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3513 Peter. Flynn@calderys.com Phone E-mail Address Moss Plant 1469 S. Battleground Ave. Address Kings Mountain TNC - 28086 City State Zip Dawn Whaley First M 1 Last (704) 734-3616 Dawn. whaley crimerys.com Phone E-mail Address Revised 2012Apr23 4PIMERYS Paul Manning Senior Geologist Performance Minerals North America 100 Mansell Court East, Suite 300 Roswell, GA 30076 Tel- (770) 645-3544 Mobile: (678) 773-2064 Fax: (770) 645-3384 Paut.Manning@imerys.com 1 Ctlalam Pakala Engineering and Ernrironmentai Solutions 1 iI A Cast Effective Solution Provider for Manufacturing Industries I I iI Chafam ("Chuck") Pakafa, P.E. I Managing Principal 1 i 10017 Allyson Park Dr. Tel_ (704) 541-4042 Chadotte, NG 28277 Fax; (704) 541-4043 - — — J— - -- E•mail:cvpakalaftarolina.mcom NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Dawn Whaley First MI Last E_HS Manager Title P.O.Box 1668 Mailing Address Kinp-s Mountain NC 28086 City State Zip (704) 734-3516 Dawn. WhaleX@imerys.com Phone E.-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? X Yes ❑ No (please explain) V1 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. Signature Date APPLICANT CERTIFICATION 1, Peter Flynn, 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 inconiolete. re 5/16/12 Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 Division of Water Quality 1 Surface Water Protection NCDNational Pollutant Discharge Elimination System ENR ` R°" N• JVAL, E."01) PERMIT NAME/OWNERSHIP CHANGE FORM E "vnnM"rur aNn remi�nu, ke.5nunres FOR AGENCY USE ONLY Date Received Year I Month I Day 1. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N I C I S 10 1 1 1 rN C G 1 0 1 7 0 1 1 4 5 11. Permit status t rior to requested change. a. Permit issued to (company name): Kings Mountain Minerals, Inc. b. Person legally responsible for permit: Peter Flynn First M I Last c. Facility name (discharge): d. Facility address: e. Facility contact person: Plant Manauer 'title P.O. Box 1668 Permit Holder Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3513 (704) 739-3731 Phone Fax Patterson Plant 1204 N. Cansler St. Address Kings Mountain NC 28086 City State "Lip Dawn Whaley (704) 734-3516 First / MI 1 Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility XX Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person legally responsible for permit d. Facility name (discharge): e. Facility address: Imerys Mica Kinds Mountain, Inc. Peter Flynn First Ml Last Plant Mana�cr Title P.O. Box 1668 Permit Holder Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3513 Peter. Flynn(tr,,calderys.com Phone E-mail Address Patterson Plant 1204 N. Cansler St. Address Kings Mountain NC 28086 City State Zip f. Facility contact person: Dawn Whaley First Ml Last (704) 734-3616 Dawn.whaley@imerys.com Phone E-mail Address Revised 2012Apr23 NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 IV. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Dawn Whaley First M 1 Last E14S Manager Y'I'itle F'.O.Box 1668 Mailing Address Kings Mountain NC 28086 City State Zip _(704) 734-3516 Dawn, WhalleX@imerys.com Phone _._ E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change' X Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITF NIS 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 reed Cor 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 Applicanl's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, , 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. Signature Date APPLICANT CERTIFICATION I, Peter Flynn, 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. 5/16/12 Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCDENR PERMIT NAME/OWNERSHIP CHANGE FORM f'rrviMH.nrr axo niov+xai Nr Sr.:rscs FOR AGENCY USE ONLY Date Received Year I Month I Da I. Please enter the permit number for which the change is requested. NI'DES Permit (or) Certificate of Coverage N C S 10 N C G 0 1 7 1 0 1 1 4 la� il. Permit status prior to requested change. a. Permit issued to (company name): Kings Mountain Minerals, Inc. b. Person legally responsible for permit: Peter Flynn First M1 Last Plant Manager "Title f P.O. Box 1668 Permit Holder Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3513 (704) 739-3731 Phone Fax c. facility name (discharge): Battleground Plant d. Facility address: 1214 S. Battleground Ave_. Address Kings Mountain NC 28086 City State Zip e. Facility contact person: Dawn Whaley (704) 734-3516 First 1 MI / bast Phone Ill. Please provide the following for the requested change (revised permit). a. Request for change is a result of ❑ Change in ownership of the facility XX Name change of the facility or owner !f other please explain: b. Permit issued to (company name): e. Person legally responsible for permit: d. Facility name (discharge): e. Facility address: F. Facility contact person: Imerys Mica Kings Mountain, Inc. Peter Flynn First MI Last Plant Manager JIM P.O. Box 1668 Permit Molder Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3513 Peter.F rnn@calderys.corn Phone E-mail Address Battleground Plant 1214 S. Battleground Ave. Address Kirtgs Mountain NC 28086 City State Zip Dawn Whaley First Ml Last (704) 734-3516 Dawn.whaleyeaimerysxom Revised 2012Apr23 Phone E-mail Address NPDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 1 V. Permit contact information (if different from the person legally responsible for the permit) Permit contact: Dawn _ Whaley_ First MI bast EHS Manager "Title P.O.Box 1668 Mailing Address Kings Mountain NC 28086 City State Zip (704) 734-3516 Dawn.Whaley a imerys.com i'honc E-mail Address V. Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or narne change? X Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is regt,ircd 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): I, , attest that this application for a namelownership 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. Signature APPLICANT CERTIFICATION Date I, Peter Flynn, 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. t 5/16/12 Tgnalure Date .................................... PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Water Quality Surface Water Protection Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Revised 712008 619 1MERYS Mica Kings Mountain, Inc. P. O. Box 1668 Kings Mountain, NC 28086 5/23/12 NC Division of Environmental and Natural Resources Land Quality Section — Water Quality/Surface Water Protection 610 E. Center Avenue Suite 301 Mooresville, NC 28115 RE: Name Change 2 i�'YEJi.�r='�_ .:�..�._ _._�„�, of r'•..-r„fE= MAY C�p� fNR UandS a V(LiiiTl•LA}ar O . Imerys Mica Kings Mountain, Inc. formally known as Kings Mica Minerals, Inc. is herewith submitting three separate Permit Name/Ownership Change forms as notification of the official name change. The ownership of the company has not changed and there are no other changes. These changes affect the following Certificates of Coverage: NCG 020089 NCG 070145 NCG 070146 If you have any questions or need more information, please do not hesitate to contact me at 805-315-6136. Best Regards, Dawn Whaley, EHS Manager lVa"I ) Delaware PAGE the First State I, JEFFREY W. BULLOCK, .SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "KINGS MOUNTAIN MINERALS INC.", CHANGING ITS NAME FROM "KINGS MOUNTAIN MINERALS INC." TO "IMERYS MICA KINGS MOUNTAIN, INC.", FILED IN THIS OFFICE ON THE TWENTY-FIFTH DAY OF APRIL, A.D. 2012, AT €;:12 O'CLOCK P.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE THIRTIETH DAY OF APRIL, A.D. 2012, AT 11:59 O'CLOCK P.M. 4427172 8100 120475249 You may verify this certificate online at corp,delawara.gov/authver.shtml �� L��Ac�� 4"� Jeffrey W. Bullock, Secretary of State AUTHEN C TION: 9533491 DATE: 04-26-12 Stare of Delaware Secretary of State Division Of Corporations Delivered 06-37 PM 04125120I2 FILED 06:12 PM 0412512012 SRV 120475249 - 4427172 FILE CERTIFICATE OF AMENDMENT TO THE CERTIFICATE OF INCORPORATION OF ICINGS MOUNTAIN MINERALS INC. Kings Mountain Minerals Inc., a corporation organized and existing under and by virtue of the Delaware General Corporation Law (the "Corporation"), does hereby certify: 1, That on April 15, 2012, the Board of Directors of the Corporation adopted resolutions setting forth a proposed amendment to the Certificate of Incorporation of the Corporation, declaring said amendment to be advisable and submitting the proposed amendment to the sole stockholder of the Corporation for its consideration and approval. The proposed amendment is as follows: NOW, THEREFORE, BE IT RESOLVED, that the Certificate of Incorporation of the Corporation be amended by deleting Article I thereof in its entirety and replacing it with a new Article I to read as follows: "Article I. Name The name of the corporation is Imerys Mica Kings Mountain, Inc. (the "Corporation')." 2. That thereafter on April 15, 2012, said amendment was duly adopted by written consent of the sole stockholder of the Corporation in accordance with the provisions of Sections 228 and 242 of the Delaware General Corporation Law, 3. The amendment will be effective at 11:59 p.m. local time on April 30, 2012. ('Signature on following page] LEGAL02/32871483v] IN WITNESS WHEREOF, Kings Mountain Minerals Inc. has caused this Certificate of Amendment to be signed by a duly authorized officer this 16th day of April , 2012. KINGS MOUNTAIN MINERALS INC. By: 4!! 1 usan B. Radcliffe Vice President, Deputy General Counsel — Americas and Secretary -2- LE4ALD2/32671483v 1 A' rFi- UYAA NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Peter Flynn Kings Mountain Minerals, Inc. P.O. Box 729 Kings Mountain, NC 28086 Dear Mr. Flynn: Division of Water Quality Coleen H. Sullins Director March 4, 2011 Subject: General Permit No. NCG020000 Kings Mountain Minerals, Inc. NCG020089 Cleveland County Dee Freeman Secretary In accordance with your completed application for a discharge permit received on February 24, 2011, we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of'Agrecment between North Carolina and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This general permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that mine dewatering water would be discharged from this expanded section of the 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. The Mooresville Regional Office noted the operation intends to use polymeric flocculants (PAMS) to control turbidity. Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. No other chemical flocculants shall be used in the treatment facility without written authorization from the Division. For discharging systems, a list of evaluated PAMS products can be found on our website. If you have any questions about this list or policy, please contact Boyd Devane at (919) 807-6373, or Boyd.Devane i ncdenr.gov. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of I1and Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. Wetlands and Stormwater Branch One 1617 Mail Service Center, Rall North Carolina 27699.1617 NorthCarolina Location: 512 Salisbury St. Raleigh, North Cantina 27604 Aataally Phone, 919�fl7 FAX'.-63061 919-807-64941 Customer Service: 1-877-623-6746 Internet: www.ncwaterquallt .org An Equal Opportunity 1 Affirmative Action Employer I Mr. Peter Flynn Kings Motmtain Minerals, Inc.—NCG020089 March 4, 2011 If you have any questions concerning this permit, please contact Jennifer Jones at telephone number (919) 807-6379. Sincerely, l5PPAASH. Sullins cc: Mooresville Regional Office, Surface Water Protection Section, Samar Bou-Ghazale Central Files Stormwater Permitting; Unit Files STATE OF NORTI-I CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION Oh WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER, MINE DEWATERING, ANDIOR OVERFLOW FROM PROCESS WASTE:WATFIR RECYCLING SYSTEM 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, Kings Mountain Minerals, Inc. is hereby authorized to discharge stormwater and mine dewatering waste water from a facility located at: Kings Mountain Minerals, Inc. S. Battleground Ave. Kings Mountain Cleveland County to receiving waters designated as a UT to Long Branch and a UT to Dixon Branch, both class C water in the Broad River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, I1, III, IV, V, and VI of General Permit No. NCG020000 as attached. I'his certificate of coverage shall become effective March 4, 2011. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day March 4, 2011. fr)r Coleen H. Sullins, Director Division of Water Quality 13y the Authority of the Environmental Management Commission ri •'-- 1'I ',, J l�~�r ♦ :I• ;Jr•`;:✓ r r• itr - t I i'.:'.. �r�x- ;t I �+1 ak eF�..�.�'♦ :''' Li_. fd;� 1.1!.�{i jE' Alt--i y.r 1:. •�• � � - Ii-•4 l ` {}�! �.:.•. '�' �.���- =_- '� \ 4..E �E I . Ilk 071 . E •l`y�: , Jai f' 1 j FEL\�� •' `•--_% ? 1 1 _ A ,y arriC l''y t}<�"—,tGlii7 t�r't �ti ��1� •'��:- II Kings Mountain Minerals, Inc. i _cif' 1 J a ell "Al 1 1i I r � •� t E x y4'1i";Yy '� �.7�• I I (.+_ �h �ntiT..: MI � � .r.w • i I r- 'L. . drL.'� 1. 7'�■ { '1 +r":vr,. S„ 5 ti Kings Mountain Minerals, Inc. t� ■ ice+ "�f f.Y Ir �;� �y � •,r �� vl j� p:i�5f '1� � rl t ,,I ���{�I tt�i��r::ti��`li _ •+' a—■ i ?;�- �'41i'!`J'1✓A I �k•"`,,:t 15ti�y'rti { 1'''�• .•1 �� "�.5�• h .�1; ,r r.J ,f.. a ti� ' ,:',1�yt.• ,�I�+ i tr -� ,r'. 1 , t :�'•ri�i`�`_ �� y ' �+',!� , r Sdr" ii I 4. r 1 L `.✓: vti I ' i• ✓ : •n 7 1 VVV... � J ,d.) `�r'� I \_ ���� .L\�*�•1� f' J5 ^'� U ,■ •�S. . �� f "ite:7� 9`ru��"'�\'+�{.�+ '�.�..�1 frM kA` �,+- tt b'L • %. ' I. ' :' `.t.L i'���,'� �fJ !de� +f�-� s�'J y "Ltl•''. of �' � � t ri 4�'"�'t�,t ,i;Llf f ✓ r :ti ' ?�L4••''�'!'#"": fslt,}y• ,�;.,_�. i p •4..�,t •• st R - .^' tt,(:;•. . ,A , , i, r /`..rA wr w . EA'iriRt� �l��� �A l� 1� �•a 0\�.„- tl:'i' v. Y. NCG020089 N - W 1; S Map Scale 1:16, 541 is ( r�•ai rr: L. �A , ., '.� III I i J rid ilf,i r �',�q�t��`y ,,�� �Jx,7C•'JSs�,�-t"Ir�� &�r�l 'i ,% e• 6 . rJ. /'7° ate'-�4t`�`•a�".'lrrJ,t,'tj ��''}''�i �"�• It ! " ' C'�� � \�n•.s."ti"�%' y r after'• A yL�Y'�..,f' CFI ,>r /,.��.'..�,.+ � •�' qis `r.t ! .,�.�, Kings Mountain Minerals, Inc. Kings Mountain, NC Latitude: 35' 11' 47" N Longitude: 8111 24' 25" W County: Cleveland Receiving Stream: UTs to Long Branch and Dixon Branch Stream Class: Both C Sub -basin: 03-08-05 and 03-08-34 (Broad River Basin) "/; �,..�,.� f .nth •w�3 �� ..�.� �rf G Facility Location Facility Location Jones, Jennifer From: Jones, Jennifer Sent: Friday, February 25, 2011 2:39 PM To: Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request No. I have no doubt. We need it for the file, we have an internal review here before we issue the permit. Thanks, Jen From: Bou-ghazale, Samar Sent: Friday, February 25, 2011 2:37 PM To: Jones, Jennifer Subject: RE: Kings Mountain Mine EEP ILF Request Hi Jennifer, Do you have any doubt that we received the 401 certification application. I really don't understand why you are asking for the first few pages? Thanks, Samar From: Jones, Jennifer Sent: Friday, February 25, 2011 12:19 PM To: Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request At least please send me the first few page of the application for the 401. Thanks! From: Bou-ghazale, Samar Sent: Friday, February 25, 2011 11:52 AM To: Jones, Jennifer Subject: RE: Kings Mountain Mine EEP ILF Request Hi Jennifer, hU,NYU As agreed earlier, we need to issue the stormwater permit. The company was also notified that we will issue the permit once a completed 401 application is submitted. They did submit a 401 application and it is approvable according to Alan Johnson. We need to issue the permit as promised, otherwise we will lose our credibility. Thanks, Samar From: Jones, Jennifer Sent: Friday, February 25, 2011 10:49 AM To: Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request Ok. Do you want me to wait until then? From: Bou-ghazale, Samar Sent: Friday, February 25, 2011 10:14 AM To: Jones, Jennifer Subject: RE: Kings Mountain Mine EEP ILF Request Hi Jennifer, It is too big to pdf it. We can you send a copy of the approval for the file once the 401 is approved. Thanks, Samar From: Jones, Jennifer Sent: Friday, February 25, 2011 9:59 AM To: Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request HI Samar, Thanks! Can you copy and pdf it to me so I can have it for the file? It's too late for approval this week on Friday but will turn in for issuance for next week when you send me the 401 application for the file. Thanks! Jen ***** Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.ionesC�ncdenr.go_v Website: http:/Zportal.ncdenr,org/web/wq/ws/su **E-mail correspondence to and from this address may be subject to disclosed to third parties.** From: Bou-ghazale, Samar Sent: Friday, February 25, 2011 9:49 AM To: Jones, Jennifer Subject: RE: Kings Mountain Mine EEP ILF Request I Good Morning Jennifer, We received yesterday a copy of the 401 application for the subject site, and according to Alan Johnson the 401 application for certification is approvable and it is only a matter of time. Thank you again for your hard work on this project and I really mean it. Have a nice weekend!! Thanks, Samar From: Jones, Jennifer Sent: Thursday, February 24, 2011 2:15 PM To: Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request No, thank you! J From: Bou-ghazale, Samar Sent: Thursday, February 24, 2011 2:11 PM To: Jones, Jennifer; Bennett, Bradley Subject: RE: Kings Mountain Mine EEP ILF Request Also, Thank you for your hard work Jennifer. Samar From: Jones, Jennifer Sent: Thursday, February 24, 2011 1:34 PM To: Bennett, Bradley; Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request No problem! Thanks for working hard on this with them Samar! Jen From: Bennett, Bradley Sent: Thursday, February 24, 2011 1:31 PM To: Jones, Jennifer; Bou-ghazale, Samar Subject: RE: Kings Mountain Mine EEP ILF Request Thanks for working this out guys! :: Bradley Bennett Stormwater Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6378 Fax: (919) B07-6494 Email: bradley.bennett@ncdenr.gov (New Email Address) Web: http://portal.ncdenr.org/webiwq/ws/su Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Jones, Jennifer Sent: Thursday, February 24, 2011 1:30 PM To: Bou-ghazale, Samar Cc: Bennett, Bradley Subject: RE: Kings Mountain Mine EEP ILF Request Excellent. I will issue when you let me know it is ok (with that caveat in the cover letter). Thanks Samar! Jen Jennifer Jones Environmental Engineer NCDENR I DWQ + Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer�onesC�ncdenr.gov Website: http:Z/portal.ncdenr.org/web/wq/ws/su **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-. Bou-ghazale, Samar Sent: Thursday, February 24, 2011 1:17 PM To: Jones, Jennifer Cc: Bennett, Bradley Subject: RE: Kings Mountain Mine EEP ILF Request Hi Jennifer, I do agree with both of these?. Great ! I will let you know when MRO receive the 401 certification application. Also, will make sure that the 401 certification is approvable before we issue the stormwater permit. Thanks, Samar From: Jones, Jennifer Sent: Thursday, February 24, 2011 12:52 PM To: Bou-ghazale, Samar Cc: Bennett, Bradley; Jones, Jennifer Subject: RE: Kings Mountain Mine EEP ILF Request Hi Samar, Ok — Sounds good. So final check: • I will put that in the cover letter. • I will issue the permit when they apply for their 401. 4 Do you agree with both of these? Thanks Samar, Jen Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jenniferjones@ncdenr.gov Website: http.,I/p-grtal.ncdenr.Qrg/Aeb/wqws/su **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: Bou-ghazale, Samar Sent: Thursday, February 24, 2011 11:54 AM To: Jones, Jennifer Cc: Mcmillan, Ian; Bennett, Bradley Subject: RE: Kings Mountain Mine EEP ILF Request Hi Jennifer, Alan Johnson and Polly Lespinasse with the 401 group in Mooresville have been to the site and don't have any problem issuing the 401 certification with the proposed payment to EEP. Also, in order to close the loop, I like your suggestion by putting language in the cover letter that if the stream mitigation was not satisfied, they will have to re -submit plans and specs, etc ... even after receiving the 401. This way will make sure that the mitigation will be satisfied. Thanks, Samar From: Jones, Jennifer Sent: Thursday, February 24, 2011 10:49 AM To: Bou-ghazale, Samar Cc: Mcmillan, Ian; Bennett, Bradley Subject: RE: Kings Mountain Mine EEP ILF Request Hi Samar, spoke to Ian this morning about this King's Mt. site. From what I understand from talking to him that that letter was one part of that. He said he couldn't say for sure if the 401 would be approved because they have to go through the avoidance and minimization steps first, so he said he couldn't guarantee that they would approve the 401, which seems realistic. With that in mind, and now that they have that letter from the EEP, he said we could either wait for the 401 to be approved, or I said we could put language in the cover letter that we would have to re -review the plans and they would have to do a re -submittal if not done in a certain amount of time — and he said that would be ok too. We cannot modify the actual permit to say that though. Ian, let me know if that is not accurate. Samar, if Ian is ok with that, let me know which of those two options you would prefer. Thanks, Jen Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379. Fax: (919) 807-6494 Email: 'ennifer.'ones ncdenr. ov Website: http://portal.ncdenr,orci/web/wq/ws/su **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: Bou-ghazale, Samar Sent: Tuesday, February 22, 2011 3:30 PM To: Jones, Jennifer Subject: FW: Kings Mountain Mine EEP ILF Request Jennifer, This is one piece of the puzzle. Thanks, Samar From: Johnson, Alan Sent: Tuesday, February 22, 2011 3:08 PM To: Bou-ghazale, Samar Subject: FW: Kings Mountain Mine EEP ILF Request Ok, one thing is done From: Williams, Kelly Sent: Tuesday, February 22, 2011 1:54 PM To: Jennifer Robertson Cc: Crumbley, Tyler SAW; Johnson, Alan; laurie dennision Subject: Kings Mountain Mine EEP ILF Request Jennifer- Attached please find a response letter from EEP for the In -Lieu Fee Mitigation Request for the above referenced project. A hard copy of the attached letter will be mailed to the applicant. Once EEP receives the permits associated with the project from the applicant/agent, we will generate an invoice. Please let me know if you have any questions. This acceptance letter expires in 9 months. If an extension to this acceptance letter is needed, please email me to request one. Sincerely, Kelly Williams NCEEP In -Lieu Fee Program Coordinator 919-716-1921 (Mon-Thurs) 1652 Mail Service Center Raleigh. NC 27699-1652 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. Jones, Jennifer From: Bou-ghazale, Samar Sent: Friday, February 25, 2011 2:22 PM To: Jones, Jennifer Subject: RE: MSDS Sheets Hi Jennifer Ok, let's include that information in the cover letter as you have suggested. Thanks Samar From: Jones, Jennifer Sent: Tuesday, February 22, 2011 3:25 PM To: Moore, Cindy Cc: Bou-ghazale, Samar Subject: RE: MSDS Sheets Ok thanks —we will include that information in the cover letter. Thanks, Jen *M**k Jennifer Jones Environmental Engineer NCDENR 1 DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.jonesPncdenr.gov Website: http://Qortal.ncdenr.org/web/wq/ws/su **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: Moore, Cindy Sent: Tuesday, February 22, 2011 3:22 PM To: Jones, Jennifer Subject: RE: MSDS Sheets I think you could require them to submit data for approval for the use of flocculants or use whatever has been approved on the website. Probably a individual permit would not be required as long as they follow the rules in regard to the use of DAMS. We are allowing use of any PAM as long as Toxicological data is submitted that shows no potential harm or is already approved on the list. REVISED 08/17/2010 1542 PARKING LOT POST CORRECTED FINAL Type // 24-hr FIRST FLUSH Rainfall=2.04" Prepared by Cox and Dinkins of NC, P.C. Printed 8/17/2010 HydroCAD® 9.10 s/n 04706 ©2009 HydroCAD Software Solutions LLC _ Area (sf) CN Description 8,070 98 Paved parking & roofs 8,070 100.00% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 2.1 172 0.0300 1.35 Lag/CN Method, Summary for Subcatchment WS224: WS226 Runoff - 0.19 cfs @ 12.03 hrs, Volume= 0.016 af, Depth= 0.23" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-50.00 hrs, dt= 0.10 hrs Type II 24-hr FIRST FLUSH Rainfall=2.04" Area (sf) CN Descriotion 18,141 98 Paved parking & roofs 17,520 - 39 >75% Grass cover, Good, HSG A 35,661 69 . Weighted Average 17,520 49.13% Pervious Area 18,141 50.87% Impervious Area Tc Length Slope Velocity Capacity Description (min) .(feet) (ft/ft) (ft/sec) (cfs)_-- 7.6 225 0.0300 0.49 Lag/CN Method, Summary for Subcatchment WS301: WS301 Runoff = 0.22 cfs @ 11.98 hrs, Volume= 0,011 at, Depth= 0.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-50.00 hrs, dt= 0.10 hrs Type II 24-hr FIRST FLUSH Rainfall=2.04" Area (sf) CN Descriotion 6,700 98 Paved parking & roofs 2,631 39 >75% Grass cover, Good, HSG A 9,331 81 Weighted Average 2,631 28.20% Pervious Area 6,700 71.80% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 6.0 255 0.0300 0.71 Lag/CN Method, From: Jones, Jennifer Sent: Tuesday, February 22, 2011 3:16 PM To: Moore, Cindy Cc: Georgoulias, Bethany; Bou-9hazale, Samar Subject: RE: MSDS Sheets Hi Cindy, That is an NPDES NCG50 wastewater general permit. We don't have the same requirements in our NCG02 permit for wastewater and stormwater — a biocide 101 form is not a requirement of our permit. We do say that they need to be on the list, but that is really all we say: ht�tp;l/l)ortal.ncdenr.org/c/document library et Idle?uuid=7578b5fa-23I2-4008-bb9d- 8a9c93d 191 e5&2roupid-38364 "Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. No other chemical floccu(ants shall be used in the treatment facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS) information can be found via the Stormwater Permitting Unit website" http://i)ortal.ncdenr.oi-gleldactnnent librarylget fi]e?uuid=_3575015d-cda8-458c-9afh- 7b I d78848714&k7rou Id=38364 SPU had a discussion about this before the issuance of NCG02 and we decided on the above wording for the permit. We do say they can get written authorization from DWQ, but we have not specified that they use an LD50 test. Let me know if you recommend this site performs an LD50 and gets an individual permit. Thanks for your help Cindy, Jen }kk A Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: iennifer.jonesC�ncdenr.gov Website: htto�////portal.ncdenr.org/web/wq/ws/su "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." REVISED 08/17/2010 1542 PARKING LOT POST CORRECTED FINAL Type 1124-hr FIRST FLUSH Rainfall=2.04" Prepared by Cox and Dinkins of NC, P.C. Printed 8/17/2010 HydroCADO 9.10 s/n 04706„© 2009 HydroCAD Software Solutions_ LLC Summary for Subcatchment WS302: WS302 Runoff = 4.40 cfs @ 11.93 hrs, Volume= 0.257 af, Depth> 1.79" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-50.00 hrs, dt= 0.10 hrs Type 11 24-hr FIRST FLUSH Rainfall=2.04" Area (so CN Description 75,046 98 Paved parking & roofs 75,046 100.00% Impervious Area Tc Length Slope Velocity Capacity Description min feet ftlftft/sec cfs 4.3 320 0.0200 1.25 Lag/CN Method, Summary for Subcatchment WS303: WS303 Runoff = 0.26 cfs @ 11.98 hrs, Volume= 0.014 af, Depth= 0.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-50.00 hrs, dt= 0.10 hrs Type II 24-hr FIRST FLUSH Rainfall=2.04" Area (sf) CN Descriotion 7,920 98 Paved parking & roofs 3,333 39 >75% Grass cover, Good, HSG A 11,253 81 Weighted Average 3,333 29.62% Pervious Area 7,920 70.38% Impervious Area Tc Length Slope Velocity Capacity Description min feet ft/ft ftfsec cfs 5.6 185 0.0200 0.55 Lag/CN Method, Summary for Subcatchment WS502: WS502 . Runoff = 0.04 cfs @ 12.32 hrs, Volume= 0.015 af, Depth= 0.11" Runoff by SCS TR-20 method, UH=SCS, Time Span= 5.00-50.00 hrs, dt= 0.10 hrs Type II 24-hr FIRST FLUSH Rainfall=2.04" Area (sf) CN Descriotion 41,707 39 >75% Grass cover, Good, HSG A 28,057 98 Water Surface, HSG A _ 69,764 63 Weighted Average 41,707 59.78% Pervious Area 28,057 40.22% Impervious Area From: Moore, Cindy Sent: Tuesday, February 22, 2011 2:49 PM To: Jones, Jennifer Subject: RE: MSDS Sheets For surface water, If they have a general permit then they would have to submit a biocide 101 form for each chemical they are using. See item 8 on the application and the Key Requirements in the Technical bulletin. From: Jones, Jennifer Sent: Tuesday, February 22, 2011 2:13 PM To: Moore, Cindy Cc: Bou-ghazale, Samar Subject: RE: MSDS Sheets Hi Cindy, Thank you for this information. Good suggestion. If we wanted to go that route we would have to give them an individual permit (they currently have a general and our general does not stipulate that), Would you recommend that as necessary? Samar, let me know what you want to do regarding this. If you'd like to pursue this and have them get an individual permit (we could then also put in a revocation statement for the 401 issue). However, by the time they apply for it and we issue it, they would probably have their approved mitigation plan. Additionally it costs $860. Jen **'*k* Jennifer Jones Environmental Engineer NCDENR ( DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 572 N, Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: 'eni nifes.jones@ncdenr.gov Website: http://portal.ncdenr.org/web/wq/ws/su *"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: Moore, Cindy Sent: Tuesday, February 22, 2011 9:50 AM To: Jones, Jennifer Cc: Bou-ghazale, Samar Subject: RE: MSDS Sheets REVISED 08/17/2010 1542 PARKING LOT POST CORRECTED FINAL Type It 24-hr FIRST FLUSH Rainfalf=2.04" Prepared by Cox and Dinkins of NC, P.C. Printed 8/17/2010 HydroCAD® 9.10 s/n 04706 02009 HydroCAD Software Solutions t_LC Te Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ftlsec) (cfs) ^ ,� 19.0 450 0.0200 0.39 Lag/CN Method, I'm sorry it has taken me so long to reply. I have looked at these MSDS sheets and can find no information in regards to the toxicological effects. The caustic soda is used mostly for ph adjustment. I'm not sure if that is purpose in this case. One of the things that can be stipulated is that, if they do happen to discharge then they would need to perform an LC50 Acute test to verify that no potential harm to the stream or discharge water body will happen. This could be a request before discharge to be sure the chemicals being used will not cause an impact to the stream, If I can answer any more questions, please let me know. Cindy From: Jones, Jennifer Sent: Thursday, February 03, 2011 9:14 AM To: Moore, Cindy Cc: 13ou-ghazale, Samar; Jones, Jennifer Subject; FW: MSDS Sheets Hi Cindy, we have a mine renewal and wanted to check to see if there were any problems with the flocculants or chemicals that the mine was adding in their water treatment. I know that we have a list of "evaluated" polymers on our list but these were not on them — I have attached the MSDS sheets. The mine says that they are not discharging these polymers or chemicals and it is a completely recycled water system. However the regional office is concerned and I am not sure if it is because they either aj suspect that they are discharging, or bj suspect the water is seeping out of their basins and are concerned about groundwater quality — Samar can you please comment to Cindy on that? Cindy, can you please tell us if there are any problems with the MSDS sheets and if you feel like a toxicity test should be done on any of these chemicals? Thank you! Jennifer Jones ***** Jennifer Jones Environmental Engineer NCDENR } DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: ennifer. ones ncdenr. ov Website: h ortal.ncdenr,or web w ws su "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." wszz -� W3224 c zz ws2ts wszn WE218 w 1T WS221 Cl21 W5302 CB7 —�D CB= O CB1e CE 17 WS50 wszza wszza wszza wszl wszl wszls w 2e ��t 1 3 W 26 W5303 w J 14 W 13 1 12 WS210� w5303 8t albs co B7 �v�o C92 Az C� W3215 --� 91 w3255 C815 CB13 CB12 Subcat Reach on Link CB70 DETE POND CB24 O cg w52t9 ---+ T WS219 0 VVS220 CB20 W5301 .301 CB23 From: Dawn Whaley [mailto:Dawn.Whajey@imerys.com] Sent: Wednesday, February 02, 2011 3:17 PM To: Jones, Jennifer Subject: Fw: MSDS Sheets Dawn Whaley Corporate EFTS Manager Baltimore, Kings Mountain, Suzorite, LQM imerys - North America Performance Minerals P,0 Box 729 Kings Mountain, NC 28086-3906 Cell: 805-315-6136 Fax: 704-739-3731 Email: dawn.whaley@imerys.com ..... Forwarded by Dawn Wheley/WorldMinerals/ECCI on 02/02/2011 03:17 PM From: Jennifer P. Graham/AMPAC/ECCI To: Dawn whaieyfWcrldMinerals)ECCI@ECCI Cc: David Crouse/AMPACIECCI@ECCI Date: 0210212011 01:18 PM Subject: MSDS Sheets Dawn, Attached are the MSDS sheets from David Crouse. Thanks, Jennifer Graham Purchasing/Administrative Assistant Kings Mountain Minerals, Inc. email - Jennifer.Graham@imerys.com Phone 704-734-3505 Fax 704-739-3731 ..— Forwarded by Jennifer P. Graham/AMPACtECCI on 0210212011 01:17 PM -•-,• From. "kMMI` <KMTScanner@imerys.com> To: 'Jennifer Graham" Kjenniler,grahamQimerys.com> Date: 02/02/2011 D1:11 PM Subject: Attached Image REVISED 08/17/2010 1542 PARKING LOT POST CORRECTED FINAL Prepared by Cox and Dinkins of NC, P.C. Printed 8/17/2010 H droCAD® 9.10 s/n 04706 O 2009 H droCAD Software Solutions LLC Pipe Listing (all nodes) Line# Node In -Invert Out -Invert Length Slope n Diam/Width Height Fill Number (feet) (feet) (feet) (ft/ft) (inches) (inches) (inches) 1 CB12 264.36 261.00 171.0 0.0196 0.013 30.0 0.0 0.0 2 CB13 265.55 264.46 272.0 0.0040 0.013 30.0 0.0 0.0 3 CB14 265.83 265.65 46.0 0.0039 0.013 24.0 0.0 0.0 4 CB15 266.40 265.93 119.0 0.0039 0.013 24.0 0.0 0.0 5 CB16 257.00 253.00 65.0 0.0615 0.013 36.0 0.0 0.0 6 CB17 261.79 261.00 197.0 0.0040 0.013 24.0 0.0 0.0 7 CB18 265.00 261.89 202.0 0.0154 0.013 18.0 0.0 0.0 8 C819 252.70 250.50 76.0 0.0289 0.013 18.0 0.0 0.0 9 CB20 253.00 252.80 32.0 0.0062 0.013 1 &0 0.0 0.0 10 CB21 258.50 255.00 71.0 0.0493 0.013 24.0 0.0 0.0 11 CB22 259.20 259.00 32.0 0.0062 0.013 18.0 0.0 0.0 12 CB23 246.60 246.30 53.0 0.0057 0.013 24.0 0.0 0.0 13 . C824 247.00 246.70 47.0 0.0064 0.013 24.0 0.0 0.0 14 DT2 250.00 247.10 81.0 0.0358 0.013 24.0 0.0 0.0 Jones, Jennifer From: Bou-ghazale, Samar Sent: Tuesday, February 15, 2011 12:00 PM To: Jones, Jennifer Subject: RE: Kings Mountain H1 Stormwater Permit Application No From: Jones, Jennifer Sent: Tuesday, February 15, 2011 11:43 AM To: Bou-ghazale, Samar Cc: Jones, Jennifer Subject: RE: Kings Mountain H1 Stormwater Permit Application Fli Samar, Ok just checking that they won't need to do anything else — right? Do we need to have any checks that the stream will be performing as usual further downstream? Thanks, Jen * 1101AA Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 S12 N. Salisbury St, Raleigh, NC 27604 Phone: (91.9) 307-6379 Fax: (919) 807-6494 Email: iennifer.lonesI ncdenrgov- Website: htt 3p Jpartal.ncdenr,o� web w ws Lu **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: Bou-ghazale, Samar Sent: Tuesday, February 15, 2011 10:33 AM To: Paul Manning Cc: Jones, Jennifer Subject: RE: Kings Mountain H1 Stormwater Permit Application Paul, Pursuant to our telephone call this morning please note that in order to expedite the 401 approval, it is important that you apply for the 404 and the 401 at the same time. Once you receive the 401 approval for the stream impact, there will be no need for any monitoring well or cross sections, etc.. Thanks, Samar From: Paul Manning [mailto:Paul.Manning@imerys.com] Sent: Monday, February 14, 2011 5:19 PM To: Bou-ghazale, Samar Cc: David Crouse Subject: Kings Mountain H1 Stormwater Permit Application Samar, Re: General Permit No. NCG020000, Kings Mountain Minerals, Inc., COC NCG020089, Cleveland County As discussed on Friday 2/11 and today 2/14 it is now the intention of Kings Mountain Minerals Inc. to apply for a 401 permit for the stream discussed in item 2 in Jennifer Jones' letter to Peter Flynn dated January 7, 2011. After discussions with your office and internal discussions, we all agree that this approach will: • Satisfy your requirements for mitigation Render the need for monitoring the stream or install another well redundant. • Allow us get the storm water permit required to open the H 1 extension of the mine in a timely manner. This is an important project for us as over 50 employees and many more customers are depending on the opening of the mine as soon as possible to ensure that the plant remains supplied with ore. To facilitate this we intend to do the following: Apply for a 404 permit from the Army Corps of Engineers if appropriate. Our consultant Jennifer Roberts is currently working with Tyler Crumbly of the US Army Corps of Engineers to complete the review of the stream and modify the jurisdictional length to stations 1-12. That process is underway. Apply for a 401 permit when we understand the requirements for the 404 permit. We intend to apply for this permit within the next 30 days. Based upon the above we are asking you to grant us the Storm Water General permit we have applied for. This would be with the understanding that if you do not receive our 401 application, then we will be required to comply with the monitoring requests as discussed during our on -site meeting, and relative to our letter and support documents sent to Ms. Jones dated February 7, 201 L If there are any questions, please call me at 770-645-3544. Regards, Paul Maiming, Senior Geologist, lmeiys Peiformance Minerals North America, 100 Mansell Court East, Suite 300, Roswell, GA 30076 Mobile: (678) 773-2064 This clectrouicalh; transmittal rrressakre corrtrrins inlor-rnatiotr that is privileged and ew1 idevrtial aid subject to Ic (d rc�siric:tions and pevaalli(�V regurelit,q its unaiahoil:cd disclosure i)r other use. You are prolribiled r•orn c opving, distributing, or othc ni.-i.w ukintr this Jones, Jennifer From: Bou-ghazale, Samar Sent: Monday, January 03, 2011 9:27 AM To: Jones, Jennifer Subject: FW: NCG020089 - King's Mt. - January 14, 2010 Jennifer, Regarding the pumping rate, please note that the discharge will be into an intermittent stream "B" and the discharge will not negatively impact the stream. Previously, the storm water from a large drainage area was discharging into the head of this stream that resulted in scours and erosion. After the storm water design , the rain water will be directed into a 10 year storm basin before discharging into this stream and the discharge into the stream will be controlled. Please let me know if you need any additional info. Thanks, Samar From: Bou-ghazale, Samar Sent: Wednesday, December 22, 2010 11:25 AM To: Jones, Jennifer Subject: RE: NCG020089 - King's Mt. - January 14, 2010 Jennifer, I met yesterday with the operation manager at Kings Mountain Minerals, Mr. Peter Flynn, and EHS Manager Ms. Dawn Whaley and the Engineer Mr. Pakala. I informed Mr. Pakala to response to your comments no.4- Locations and description of wells. His response was that he showed all the wells on the map. I asked him to provide the description such as diameter, depth, screen intervals, construction records, etc.. Regarding question no,5- Monitoring strategy and protocols of wells and stream -he replied that Bethany agreed with him that no need for them to do this part. I was not at the meeting to tell him otherwise. Regarding question no.6-he explained that he provided an answer in his reply. I asked him to show the hydrology of the stream and show how the drainage will affect the hydrology of the stream. Regarding the streams, I agree that with the rating provided in the application. No discharge will occur in the perennial stream. Perennial stream is approximately 500 feet from the proposed mine site and all stream have been provided with a 50 feet buffer. Also, note that a sum pump will be provided to pump to the designed 10 year storm basin, so the discharge from the storm water basin will be controlled. Please let me know if you need any additional info. Thanks samar From: Jones, Jennifer Sent: Tuesday, December 14, 2010 1:27 PM To: Bou-ghazale, Samar Cc: Jones, Jennifer Subject: NCGO20089 - King's Mt. - January 14, 2010 Hi Samar, got the information I had requested from the engineers at King's Mountain. I've sent you a copy in the snail mail and I've attached their cover letter here. Please review their response and provide comments byJonuary 14, 2010. I've also attached the email where I asked for the additional information. I 140REVIGICNG TE LEGEND CON�Tm SNALL �ALL SAT ALONG PKASE ONES UPON FE.OVAL OF 0 SED-E- - - - - - - - - - EXISTO G WETLANDS 5XT FENCE SWLLL WE— UNTL ALL WORN % UPSTRCAA OF SAT `L�� C*mPLErE AND L PROPERTY BOUNDARY VEGEIATGM NAz DEEM E� . . Aalsm DswPoo;t 12 1— SEE PROPOSED ass LF OF 3a, DETA& PALE EC-3 RCP 0 3.DX (TYP.) ILL IN E-MnK S Aa AFTER M ALLATICAi OF PIPE DRANA41E S*ALES inNi 0 5% SLOPE ("A % .LET -OTECDOfi 2 MRDRARY SILT (TYP. OF 51.% 'OCE (�l 42 02 1 1 i - 100-1 x 2' M L X It 50W :3 6�WEIR UENGTN 4' WEIR as=E! SEEAUN �.F� U.� Z SW• SEDIMENT �L OF 3) DISSPATOR 11 (FM.) 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They have not provided this as I can see —just points located on a map. I'd like a list with descriptions. 2) 1 had asked for the monitoring strategy. There is none as far as I can see -- they only say they will monitor the wells "periodically". 3) 1 had asked for flow rates to ensure that their flows won't overwhelm the streams. I see nothing about that. I had also spoken to Dawn at King's mountain on 11/9/10 and she said she would provide a "snapshot" of the stream flow. I see nothing about that. I had told her that they needed to show the hydrology of the stream and show how the drainage and flow from the mine would change that. I don't see much addressing that. Please review and advise. Thanks Samar! Jen Jennifer Jones Environmental Engineer NCDENR l DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.jones(Dncdenr.gov Website: httio://portal.ncdenr,org/web/wg/ws/su **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.** 2 !I� tFMUFL � 1 & ACC-.- K SITE i 2` rc CVERNILLS RL) I� i VICINITY MAP victrvrrr iNDEK OF SHEETS w1l" A jObi 71TLE SHfiET.._._....._.............. a Pun SHEETS...__._._...............2� t�i:N aPAN RPLW[ w�4AM� AN0 wF71/4//P IL+E1� PTyYH1 Ln C T�MO IA m FROm A' mAL HAT OF wELW.DS FOR OLAMIW Pf�f.LOM/ M". R1' Alm--MM S DArM-OwmKR T, iva �. TOTAL wEI W4 ACRE -GE -Y23 AO GRAPIUC SCALES 75 atu" PLANS ANDERSON CREEK NORTH JUJUSDIC7I0ML DELINEATION MAP owes CONTAca: EAWIMM Jones, Jennifer From: Bou-ghazale, Samar Sent: Wednesday, December 22, 2010 11:25 AM To: Jones, Jennifer Subject: RE: NCG020089 - King's Mt. - January 14, 2010 Jennifer, . I met yesterday with the operation manager at Kings Mountain Minerals, Mr. Peter Flynn, and EH5 Manager Ms. Dawn Whaley and the Engineer Mr. Pakala. I informed Mr. Pakala to response to your comments no.4- Locations and description of wells. His response was that he showed all the wells on the map, I asked him to provide the description such as diameter, depth, screen intervals, construction records, etc.. Regarding question no.5- Monitoring strategy and protocols of wells and stream. -he replied that Bethany agreed with him that no need for them to do this part. I was not at the meeting to tell him otherwise. Regarding question no.6-he explained that he provided an answer in his reply. I asked him to show the hydrology of the stream and show how the drainage will affect the hydrology of the stream. Regarding the streams, I agree that with the rating provided in the application, No discharge will occur in the perennial stream. Perennial stream is approximately 500 feet from the proposed mine site and all stream have been provided with a 50 feet buffer. Also, note that a sum pump will be provided to pump to the designed 10 year storm basin, so the discharge from the storm water basin will be controlled. Please let me know if you need any additional info. Thanks samar From: Jones, Jennifer Sent: Tuesday, December 14, 2010 1:27 PM To: Bou-ghazale, Samar Cc: Jones, Jennifer Subject: NCG020089 - King's Mt. - January 14, 2010 Hi Samar, I got the information I had requested from the engineers at King's Mountain. I've sent you a copy in the snail mail and I've attached their cover letter here. Please review their response and provide comments bylanuary 14, 2010. I've also attached the email where I asked for the additional information, 2 comments I have are: 1) 1 had asked for a list of locations and description of wells. They have not provided this as I can see — just points located on a map. I'd like a list with descriptions. 2) 1 had asked for the monitoring strategy. There is none as far as I can see — they only say they will monitor the wells "periodically". 3) 1 had asked for flow rates to ensure that their flows won't overwhelm the streams. I see nothing about that. I had also spoken to Dawn at King's mountain on 11/9/10 and she said she would provide a "snapshot" of the stream flow. I see nothing about that. I had told her that they needed to show the hydrology of the stream and show how the drainage and flow from the mine would change that. I don't see much addressing that. Please review and advise. Thanks Samar? 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HHDH ISSSOFp � HaW HIS YS JSSSi)S� r' 'uPLANO-LINE' ` +w a �iui �n ftw Irwin m S Y m MglYl1 OH[L IOnIQW fMr[ll [p.NtSNC ua 1TXdt'e'� NHKII Jones, Jennifer From: Georgoulias, Bethany Sent: Thursday, September 23, 2010 4:00 PM To: Bou-ghazale, Samar Cc: Jones, Jennifer; Bennett, Bradley; Hennessy, John Subject: Meeting with Kings Mountain Minerals Hi Samar, Just wanted to let you know we met with Chuck Pakala (consultant) and Paul Manning (Imerys, who now owns Kings Mountain Minerals, inc.) about the mine expansion project in Cleveland County this afternoon. The meeting went well. We discussed the intermittent stream feature on their mine site where one of the sediment basins will discharge dewatering water, as well as the other sediment basin where stormwater will be collected and discharged to what is probably a stream feature further downstream beyond the property. Their primary concern was how to answer our Question 419 on the NCG02 NO1 because they are applying to 'modify' their COC NCG020089 (change in discharge location/waterbody) — the one that asks if they will drain wetlands or otherwise impact a stream. Obviously the intention is NOT to impact that stream, so we advised them to answer "No" to #19 and provide supporting information to justify it. They have already installed a number of groundwater monitoring wells and plan to keep those (except one in the middle that will eventually be mined) for the life of the project, so they essentially already have a 'Pumping OW Plan in the works. We advised they provide info. about monitoring protocol, what the responses would be to indications of a GW level problem, etc. This should provide assurance that streams beyond the mine boundary are not being depleted of base flow as a result of pumping.. The other concern is that they could pump too much water into a small intermittent stream and cause impacts (increased erosion and sediment transport beyond the natural system's function). We asked for information about potential discharge rates (they have an idea from current data and the existing mine, but hopefully they can nail it down more clearly for the application — I got confused about what rates were current well recharging rates versus what they'll actually have to dewater) and sediment basin design — particularly outlet structure and design features to dissipate energy. Also, what will they do to ensure that they are not impacting the stream as they dewater? Inspections, a back - pumping plan when there is a problem, etc. This is a quick summary. Jennifer Jones, Bradley Bennett, and John Hennessy all attended, so when the application comes in, they'll have some background on this. I think the company is still working with DLR to get their mining permit modification in, so you might see the review sheet come around before long — you can contact us with questions if needed. Thanks! Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.ncdenr.org/web/wq/ws/su 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. SOILS Map Unit Name (Series and Phase): I Drainage Class: Taxonomy (Subgroup): FieF0bservations Confirm Mapped Type? YES NO Depth Horizon Matrix Color inches Munsell Moist PROFILE DESCRIPTION Mottle Colors Mottle Texture, Concretions, Munsell Moist Abundance/Contrast Structure, etc.- 0-8 10YR 4/2 SL 8 - 18+ 2.5Y 5/4 LS HYDRIC SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ 1 A4uic Moisture Regime [ ] Reducing Conditions Gle ed or Low-Chroma Colors [ ] Concretions [ ] High Organic Content in Surface Layer in Sandy Soils [) Organic Streaking in Sandy Soils [ ] Listed on Local Hydric Soils List [) Listed on National Hydric Soils List Other (Explain in Remarks Remarks: WETLAND DETERMINATION Hydrophyfic Vegetation Present? YES NO Wetland Hydrology Present? YES NO Is this Sampling Point Within a Wetland? YES NO Hydric Soil Present? YES NO Remarks: Jones, Jennifer From: Jones, Jennifer Sent: Tuesday, December 14, 2010 1:27 PM To: Bou-ghazale, Samar Cc: Jones, Jennifer Subject: NCG020089 - King's Mt. - January 14, 2010 Attachments: ncg020089 kings mt response 1.pdf; NCG020089 kings mt response 2,pdf; NCG020089 ADD INFO NOV 3 2010 due Nov 30 2010.pdf Hi Samar, I got the information I had requested from the engineers at King's Mountain. I've sent you a copy in the snail mail and I've attached their cover letter here. Please review their response and provide comments by January 14, 2010. I've also attached the email where I asked for the additional information. 2 comments I have are. 1) 1 had asked for a list of locations and description of wells. They have not provided this as I can see —just points located on a map. I'd like a list with descriptions. 2) 1 had asked for the monitoring strategy. There is none as far as 1 can see — they only say they will monitor the wells "periodically" 3) 1 had asked for flow rates to ensure that their flows won't overwhelm the streams. I see nothing about that. I had also spoken to Dawn at King's mountain on 11/9/10 and she said she would provide a "snapshot" of the stream flow. I see nothing about that. I had told her that they needed to show the hydrology of the stream and show how the drainage and flow from the mine would change that. I don't see much addressing that. Please review and advise. Thanks Samar! Jen *A* AA Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer,�ones@ncdenr.gov Website: httl2:1/Qortal.ncdenr.org/web/wq/ws/su **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.** I - year stone routing Ri.I,r NLur 1•:mer�t•nrt 'Rim InI1nH stmuLe ti1age lluifi4m {I lrifuel 11Vvirl Iturrel Rltxpm• OrifiveNl Orifice#2 Weir Topofllant (mini WNW ICU I)) (01 tefl) kfi) (efcl WS) frkl kfi) (rfl, (rf>) (CA) 1329 D 1,54E+03 561.58 0.02 0.0 0.0 11192 0-0 0.02 0.00 0.0 0'0 1330 D 1.54E+03 561.58 0.02 0.0 0.0 11190 0.0 0.02 0.00 0.0 0.0 1331 0 1,54E+03 561.58 0.02 0.0 0.0 1.169 0.0 0.02 0.00 0.0 0.0 1332 D 1.54E+D3 561.56 0.02 0.0 0.0 1.188 010 0.02 0.00 0.0 0.0 1333 0 1.54E+03 561.58 0.02 0.0 0.0 1.187 0.0 0.02 00D 0.0 0.0 1334 0 1.54E+03 561.58 0.02 0.0 0.0 1.186 0.0 0.02 0.00 0.0 0.0 1335 0 I.54E+03 ' 561.58 0.02 0.0 0.0 1.185 0.0 0.02 0,00 0.0 0.0 1336 0 1.54E+03 561.58 0.02 0.0 0.0 1.184 0.0 0.02 0.00 0.0 0.0 1337 0 1 ME;03 561.56 0.02 0.0 0.0 1.183 0.0 0.02 0.00 0.0 0.0 1338 0 1.53E+03 561.58 0.02 0.0 0.0 1.181 0.0 0.02 0.00 0.0 0.0 1339 0 1.53E+03 561.58 0.02 0.0 0.0 1.180 O.0 0.02 0.00 0.0 0.0 1340 0 1.53E+03 561.58 0.02 0.0 0.0 1.179 0.0 0.02 0.00 0.0 0.0 1341 0 1.53E+03 561.58 0.02 0.0 0.0 1.178 D.0 0.02 0.00 0.0 D.0 1342 0 1,53E+03 561.58 0.02 0.0 0.0 1.177 0.0 0.02 0.00 0.0 0.0 1343 0 1.53E+03 561.58 0.02 0.0 0.0 1.176 0.0 0.02 0.00 0-0 D.0 1344 0 1.53E+03 561.58 0.02 0.0 0.0 1.175 0.0 0.02 OAD 0.0 0.0 1345 0 1.52E+03 561.58 0.02 0.0 0.0 1.174 OA 0.02 0.00 0.0 0.0 1346 0 1.52E+03 561.58 0.02 0.0 0.0 1.173 0.0 0.02 0.00 0.0 0.0 1347 0 t.52E+03 561.58 0.02 0.0 0.0 1.171 0.0 0.02 0.00 0.0 0.0 1348 0 1.52E+03 561.58 0.02 0.0 0.0 1.170 0.0 0.02 0.00 0.0 0.0 1349 0 1.52E+03 561.58 0.02 0.0 0.0 1,169 O.0 0.02 0.00 0.0 0.0 1360 0 1,52E+03 561.58 0.02 0.0 0.0 1.168 0.0 0.02 O.OD 0.0 0.0 1351 0 1.52E+03 561.57 0.02 0.0 0.0 1.167 0.0 0.02 0.00 0.0 0.0 1352 0 1.52E+03 561.57 0.02 0.0 0.0 1.166 0.0 0.02 0.00 0.0 0.0 1353 0 1.51E+03 561.57 0.02 0.0 0.0 1.165 0-0 6.02 0.00 0.0 0.0 1354 0 1,51E+03 561.57 0.02 0.0 0.0 1.164 0.0 0.02 0.00 0.0 0.0 1355 0 1.51 E+03 561.57 0.02 0.0 0.0 1.182 0.0 0,02 D.DO 0.0 0.0 1356 0 1,51E+03 561.57 0.02 0.0 0.0 1.161 0.0 0.02 0.00 0.0 0.0 1357 0 1,51E+03 561.57 0.02 0.0 0.0 1.160 0.0 0.02 0.00 0.0 0.0 1358 0 1.51 E+03 561.57 0.02 0.0 0.0 1.159 0.0 0,02 0,00 0.0 0.0 1359 0 1.51E+03 561.57 0.02 0.0 0.0 1,158 0.0 0.02 0,00 0.0 0.0 1360 0 1.51E+03 561.57 0.02 0.0 0.0 1.157 O.0 0.02 0.00 0.0 0.0 1361 0 1.51E+03 561.57 0.02 0.0 0.0 1.156 0.0 0.02 D, DO 0.0 0.0 1362 D 1.50E+03 561.57 0.02 0.0 0.0 1,155 0.0 0.02 O.00 0.0 0.0 1363 0 1.50E+03 561.57 0.02 0.0 0.0 1.154 0.0 0.02 0.00 0.0 0.0 1364 0 1.50E+03 561.57 0.02 0.0 0.0 1.152 D.0 0.02 0.00 0.0 0.0 1365 0 1.50E+03 561.57 0.02 0.0 0.0 1.151 0.0 0.02 0,00 0.0 0.0 1366 0 1.50E+03 561.57 0.02 0.0 0.0 1.150 0.0 0.02 0.00 0-0 0.0 1367 0 1.50E+03 561.57 0.02 0.0 0.0 1.149 0.0 0.02 0.00 00 0.0 1368 0 1.50E+03 561.57 0.02 0.0 0.0 1.148 0.0 0.02 0.00 0.0 0.0 1369 0 1,50E+03 561.57 0.02 0.0 0.0 1.147 0.0 0.02 0.00 0.0 0.0 1370 0 1.49E.03 561.57 0.02 0.0 0.0 1.146 0.0 0.02 0.00 0.0 0.0 1371 0 t.49E+03 561.57 0.02 0.0 0.0 1.145 OA 0.02 0.00 0-0 0.0 1372 0 1,49E+03 561.57 0.02 0.0 0.0 1.144 0.0 0.02 000 0.0 0.0 1373 0 1.49E+03 561.57 0.02 0.0 0.0 1.143 0.0 0.02 0,00 0.0 0.0 1374 0 1.48E+03 561.57 022 0.0 0.0 1.141 0.0 0.02 0.00 0.0 0.0 1375 0 1,49E+03 561.57 0.02 0.0 0.0 1.140 0.0 0.02 0,00 0.0 0.0 1376 0 1.49E+03 561.57 0.02 0.0 0.0 1.139 0.0 0.02 0.00 0.0 0.0 1377 0 149E+03 561.57 0.02 0.0 0.0 i.138 O.0 0.02 0.00 0.0 0.0 1378 0 1,49E+03 561.56 0.02 00 0-0 1,137 O.D 0.02 0,00 0.0 0.0 1379 0 1.489+03 551.56 0.02 0.0 0.0 1.138 0.0 0.02 0.00 0.0 0.0 1380 0 1.48E+03 561.56 0.02 0.0 0.0 1.135 0.0 0,02 0.00 0.0 0.0 1381 0 1.48E+03 561-56 0.02 0.0 0.0 1.134 0.D 0.02 0,00 0.0 0.0 1382 D 1.48E+03 561.56 0.02 0.0 0.0 1.133 0,0 0.02 0.00 0.0 0.0 1383 0 1,48E+03 561.56 0.02 0.0 0.0 1.132 0.0 0.02 0.00 0.0 0.0 1384 0 1.48E+D3 561.56 0.02 0.0 0.0 1.130 0.0 0.02 0.00 0.0 0.0 1385 D 1.48E+03 561.56 0.02 0.0 0.0 1.129 0.0 0.02 0.00 0.0 0.0 1386 0 1.48E+03 561.56 0.02 0.0 0.0 1.128 0.0 0.02 0.00 0.0 0.0 1387 0 1.47E+03 561.56 0.02 0.0 0.0 1.127 00 0.02 0.00 0.0 0.0 1388 0 1,47E+03 561.56 0.02 0.0 0.0 1.126 0.0 0.02 0.00 0.0 0.0 1289 0 1.47E+03 561.56 0.02 0.0 0.0 1.125 0.0 0.02 0.00 0.0 0.0 1390 0 1.47E+03 561.56 0.02 0.0 0.0 1.124 0.0 0.02 0.00 0.0 0.0 1391 0 1.47E+03 561.56 0.02 0.0 0.0 1.123 0.0 0.02 0.00 0.0 D.0 1392 0 1.47E+03 561.56 0.02 0-0 0.0 1.122 0.D 0.02 0.00 0.0 0.0 1393 0 1,47E+03 561.56 0.02 0.0 0.0 1.121 0.0 0.02 0.00 0.0 0.0 1394 0 147E+03 561.55 0.02 0.0 0.0 1.120 0.0 0.02 0.00 0.0 0.0 1395 0 1,47E+03 561.56 0.02 0.0 0.0 1.118 0.0 0.02 OM 0.0 0.0 1396 0 1,46E+03 561.56 0.02 0.0 0.0 1.117 OA 0.02 0.00 0.0 0.0 1397 0 1.46E+03 561.56 0.02 0.0 0.0 1.116 0.0 0.02 0.00 0.0 0.0 1398 0 1,46E+03 561.56 0.02 0.0 0.0 1.115 0.0 0.02 0.00 0.0 0.0 1399 0 1.46E+03 561.56 0.02 0.0 0.0 1.114 0.0 O.D2 O.OD 0.0 0.0 1400 0 1,48E+03 561.56 0.02 0.0 0.0 1.113 0.0 0.02 0.00 0.0 0.0 1401 0 1,46E+03 561.56 0.02 0.0 0'0 11112 0,0 0.02 0.00 0.0 0.0 1402 0 1,46E+03 561.56 0.02 0.0 0.0 1,111 0.0 0.02 0.00 0.0 0.0 1403 0 1,46E+03 561.56 0.02 0.0 0.0 1.110 0.0 0.02 0.00 0.0 0.0 1404 O 1.45E+03 561.56 0.02 0.0 0.0 1.109 0.0 0.02 0.00 0.0 0.0 25 Jones, Jennifer From: Jones, Jennifer Sent: Wednesday, November 03, 2010 11:47 AM To: Bennett, Bradley Cc: Georgoulias, Bethany: Hennessy, John; Pickle, Ken; Bou-ghazale, Samar; Jones, Jennifer Subject: RE: Meeting wtih Kings Mountain Minerals M I had in my notes from this that you asked King's Mountain to provide the flow rate going to the stream and for information about any energy dissipation devices. I didn't have any other requirements for them to do anything although I'm going to ask them to put together and send in two copies of the information on their wells, their monitoring plan, and their stream information provided by their consultant. Did anyone else have any other comments for King's Mountain to do in your notes from this meeting? Thanks, Jeri Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax; (919) 807-6494 Email: iennifer.ionesCc@ncdenr.gov Website: htt ortal.ncdenr.or web w ws su *'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." -----Original Appointment ----- From: Georgoulias, Bethany Sent: Friday, September 17, 2010 12:15 PM To: Georgoulias, Bethany; Bennett, Bradley; Jones, Jennifer; Hennessy, John Subject: Meeting wtih Kings Mountain Minerals When: Thursday, September 23, 2010 1:30 PM-3:30 PM (GMT-05:00) Eastern Time (US & Canada). Where: 9th FCR When: Thursday, September 23, 2010 1:30 PM-3:30 PM (GMT-05:00) Eastern Time (US & Canada). Where: 9th FCR A�.r ' rown Lr.0 SPCC Monthly Facility Inspection Checklist Di _ of Inspection:��__ > ����% Please indicate an "S", "NA", or "U" for each irne item: S = Satisfactory f irne of Inspection C1riJ���— NA = Not Applicable U = Unsatisfactory — Repair or Adjustment Required Signature of Inspector' C.e-�'� Any item receiving a "U" requires a comment indicating action taken in section provided below. PC Indicate Area or Tank Being Inspected: /�� �' Containment walls and foundation are intact A111 5 �! CWDrainage valves are closed and locked 5 No visible oil sheen in containment area 0 No standing water in containment area 5 j Containment area is free of trash and debris S S m Tank surfaces checked for signs of leakage 5 j Tank condition good (no rusting, corrosion, r s ( S opitting) U) Baits, rivets, or seams are not darriaged 5 Tank foundation intact 5 O `C �, CD I-evol gouges working properly (excludes farms) S S f' J 'a Vents are not obstructed (Double -walled tanks) j S No leaks from hoses/nozzles/ valves/ S esl askets -5flan Containment walls are intact S -5 } Hoses and nozzles are locked when not in use S No leaks from tanks to receiving equipment 5 S No corrosion darnage to pipelines or supports S S Out -of -service pipes capped Barriers are in place to protect pipelines S No leaks at valves, flanged, or other fittings 5 C S Warning signs posted S LS ' No leaks in hoses . S S 0 C: �' `� Drip pans not overflowing ti O 1_ S� V Catch Catch basins free of contamination b - �2 y �' /V/� x, tU Conlairmi(Inl curbing or trenches inlact _ S C',artrtr:rtions are c�ippod or blank -flanged _ Spill kit has all contents according to plan s C 1-5 Lighting is working properly S S Comments/Action Taken: Note: The GMT offset above does not reflect daylight saving time adjustments. I've reserved the 9"' floor conference room for meeting with Chuck Pakala and his clients (Kings Mountain Minerals, Inc.). They should be here between 1:30 and 2 PM that day, They want to meet to discuss the information we need to sufficiently question 19 on their NOI for the modification to existing COC No. NCG020089 (in my office). This question deals with assessing if dewatering the expanded mine pit will impact the stream about 150' away from the pit (the same stream they propose to discharge dewatering to). Questions: Do they need a Pumping O&M Plan to protect this stream, or what can they provide to demonstrate there will not be any impacts? Will dewatering flows (2-5 gpm) be a problem? Objective: KMM seeks to prevent significant delays in obtaining their DLR Mining Permit modification. Anyone else I should invite? MurphyBrown LF.0 SPCC Monthly Facility Inspection Checklist Ua— of Inspection: �� Please indicate an "S", "NA", or "U" for each line item: ;! �'�'y"�_ S = Satisfactory Time of Inspection: i�� NA = Not Applicable 11 U = Unsatisfactory — Repair or Adjustment Required item "U" Signature of Inspector-'�'<-t' Any receiving a requires a comment y indicating action taken in section provided below. Indicate Area or Tank Being Inspected: Containme t walls and foundation are intact 1 11111 J✓ 5 Drainag valves are closed and locked f 5 j o,9 No visible 'I sheen in containment area S V . U3 � No standin water in containment ar9d U Containment area 1's free of trash and d ris Tank surfaces chock d for signs of I akage CO Tank condition goad o rusting, rrosion, S S S 5 Q ittin Bolts, rivets, or seams Nke t damaged n Tank fo nation intact oo rj Level gauges working properly excl es farms) 5 4' o Vents are not obstructed ( uble-wal d tanks) No leaks from seslnozzlesl aIves/ flan esl kets `7 J cn Con inment walls are int ct ` 7 Q Hoses and nozzles ,e locked when not in use 5 S No leaks from t nks to receiving equipment t 5 c J a No corrosion dehago to pipelines or supports - 3 Out -of -service pipes capped �/ j' l✓ ri�-"r �l/� %1'' a l- EL i3t3rrie .1 ure in place to protect pipelines 5 �� No leak at valves, flanged, or other fittings ANarning signs posted ¢v' z No leaks in hoses - .� 7 S o ,N u [Drip pans not overflowing - c I �o Catch basins free of contamination j�(� � N "" COntriinmr:nt curbing or trenches intact C C � ' (' Or m ;tioris tires copped or blank -flanged 5 � U --rSpill kit his cell contents according to plan W z L.irlhling is working properly -;ornments/Action Taken: t Rutanlion: 3 years on sim Revision Ill: '1011104 Jones, Jennifer From: Bou-ghazale, Samar Sent: Wednesday, November 03, 2010 3:56 PM To: Jones, Jennifer Subject: RE: NCG020089 Jennifer, It is ok to modify the existing King's Mountain permit No. NCG020089 to encompass the added mining area. Thanks, Samar From: Jones, Jennifer Sent: Wednesday, November 03, 2010 3:22 PM To: Bou-91hazale, Samar Cc: Jones, Jennifer Subject: NCG020089 Hey Samar, Can you just send me a short email that says if it's ok (or not) to modify the existing King's Mountain NCGO20089 permit to encompass the added mining area or if they need to apply for a new permit? Need to have it for the file. Thanks! Jen ***** Jennifer Jones Environmental Engineer NCDENR j DWQ I Stormwater Permitting Unit 1617 Mai! Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: ienniferjones@ncdenr.gou Website: http://portal.ncdenr.org/web/wq/ws/su **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." Murphy -Brown LLC SPCC Monthly Facility Inspection Checklist of liispeC[lon: % 3Z-CT Please indicate an "S", "NA", or "U" for each line item: 2i10 S = Satisfactory Time of Inspection: 4�� NA = Not Applicable U = Unsatisfactory -- Repair or Adjustment Required Signature of Inspector:__ Any item receiving a "U° requires a comment indicating action taken in section provided below. Indicate Area or Tank Being Inspected:'j►�S Containment walls and foundation are intact M E Drainage valves are closed and locked 5 o Si No visible oil sheen in containment area S enC) o No standing water in containment area S S S U Containment area is free of trash and debris 0) Tank surfaces checked for signs of leakage S S Tank condition good (no rusting, corrosion, S s S / o` ittin Bolts, rivets, or seams are not damaged S s S c Tank foundation intact S Level gauges working proper}y (excludes farms) f 'n ~ Vents are not obstructed (Double -walled tanks) No leaks frcm hoses/nozzles/ valves/ 5 �• flan esf askets Containment walls are intact f S ( S Moses and nozzles are locked when not in use S f f No leaks from tanks to receiving equipment � S S S 0 CF) No corrosion damage to pipelines or supports S $ _J c Out -of -service pipes capped CL Barriors are In lace to protect i elines P P PP �S 1 No leaks at valves, flanged, or other fittings -S S Warning signs posted y .S S S C a °* No leaks in hoses S S f aQ�o o �+ 2 L) y N m Drip pans not overflowing — , M U a -mil C- basins free of contamination m >- 5 T" w Cont;iinnlent Curbing or trenches intact � � S 5 Cori nr;ctions are capped or blank -flanged } J Spil4 kit hos tell contents according to planLI) 5 S S `S Lighting is working properly 7JJ Comm entsfAction Taken: ReLcritimv 3 years on site Revision ltt: 10i1/04 L; AW �i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary February 28, 2011 DWQ# 11 -0 188 Cleveland County Mr. Peter Flynn Kings Mountain Minerals, Inc. 102 Concept Dr, Kings Mountain, NC 28086 Subject: H1 Mine, Kings Mountain Minerals APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Flynn: You have our approval, in accordance with the general certification and those conditions listed below, to impact 280 linear feet (If) of unnamed stream to Long Branch in order to conduct the proposed mining activity in Cleveland County, as described in your application received by the Division of Water Quality (DWQ) on February 24, 2100. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3821, which can be viewed on our web site at http://portal.ncdenr,org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations - The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced - Mooresville Regional Office One Location 610 East Center Avenue, Suite 301, Mooresville, NC 28115 NortllCarol iI a Inte et(70 tp6porta gncdenr orglwee wg0401 Customer service: 1-877-623 674$ 'A W1 1"a //, , An Fniml 0nnnr1unirv/AHirmativa AN inn FrnninvPr— rWl Parvriarvinn/o Pnct rnnanmr.r Pnnnc L 2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub -basin Number Stream 250 (feet) Broad 03050105) Wetlands (acres) Waters (acres) 3. Must comply with the all conditions of the General Storm Water Permit for Mining (NCG020089) issued for this operation. 4. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. Ali construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 4011Wetlands Unit of the NC DWQ. 8, Continuing Compliance. The applicant (Kings Mountain Minerals, Inc.) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. if DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ian McMillan in the Central Office in Raleigh 919-733-9721. Sincerely, 0' - for Coleen W Sullins Attachments cc- Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit MRO, Land Quality Jennifer Robertson, Atlas Env., PO Box 882, Canton, NC 28716 ,ONLCO•�L North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Peter Flynn Kings Mountain Minerals, Inc. 102 Concept Dr. Kings Mountain, NC 28086 Division of Water Quality Coleen H. Sullins Subject: H1 Mine, Kings Mountain Minerals Director . APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Flynn: Dee Freeman Secretary February 28, 2011 DWQ# 11-0188 Cleveland County You have our approval, in accordance with the general certification and those conditions listed below, to impact 280 linear feet (If) of unnamed stream to Long Branch in order to conduct the proposed mining activity in Cleveland County, as described in your application received by the Division of Water Quality (DWQ) on February 24, 2100. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 3821, which can be viewed on our web site at http://portal.ncdenr.org/web/wq/swp/ws/401. The General Certification allows you to use Nationwide Permit Number 18 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter, and is thereby responsible for complying with all conditions. In addition to the requirements of the certification, you must also comply with the following conditions: 1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. Mooresville Regional Office One Location: 610 East Center Avenue, Suite 301, Mooresville, NC 28115 Nor-thCarol i.na Phone: (704) 663-16991Fax: (704) 663-60401 Customer Service: 1-877-623-6748 Internet: http://portal.ncdenr.org/web/wq aNrClllff � I An Equa! Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper 2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR — Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub -basin Number Stream 250 feet _ Broad 03050105 Wetlands acres Waters acres 3. Must comply with the all conditions of the General Storm Water Permit for Mining (NCG020089) issued for this operation. 4. Storm water discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Preconstruction Notification application. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no violations of state water quality standards, statutes, or rules occur. 6. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within two months of the date the Division of Land Resources has released the project. 7. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to the 4011Wetlands Unit of the NC DWQ. 8. Continuing Compliance, The applicant (Kings Mountain Minerals, Inc.) shall conduct all activities in a manner so as not to contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing, This letter completes the review of DWQ under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699 or Ian McMillan in the Central Office in Raleigh 919-733-9721. Sincerely, for Coleen H. Sullins Attachments cc: Army Corps of Engineers, Asheville Ian McMillan, Wetlands Unit MRO, Land Quality Jennifer Robertson, Atlas Env., PO Box 882, Canton, NC 28716 111-0188 NORTH CAROLINA-DIVISON OF WATER QUALITY 401 WATER QUALITY CERTIFICATION SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS In accordance with 15A NCAC 2 H .0500, Kings Mountain Minerals, Inc. has permission as outlined below to impact 280 linear feet of stream in order to proceed with the project in Cleveland County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: 305 Dixon Dairy Rd. COUNTY: Cleveland BASINISUBBASIN Broad (03050105) Impacts: 280 linear feet of stream (UT Long Branch) As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to the nearest foot and acreage requirements must be rounded to one -quarter acre increments according to 15 2r .0503(b). Mitigation: 250 linear feet Mitigation: 250 linear feet of stream by the EEP is required for the 401 Water Quality Certification. In correspondence dated February 22, 2011 the EEP indicated that up to 560 linear feet of stream mitigation would be conducted by EEP if available within the cataloging unit. More may be required if mitigation is required outside the unit. One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM DIVISON OF WATER QUALITY 1652 Mail Service Center RALEIGH, N.C. 27669-1652 RECEIVFD Corps Submittal Cover Sheet DFVJSION OF WATER QUALITY 1. Project Name: Kincls M u twin Minerals, IncH1 Mine + FEB 2 4 2011 SWP SEC -'ION 2. Name, Mailing Address, Phone Number of Property Owner/Applicant MOORESVILLE REGIONAL OFHCE Company and/or Name: Kings Mountain Minerals, Inc AttnLMr. Peter Flynn Address: 102 Concept Drive. -Kings Mountain NC 2808fi Phone: 701-300-3863 3. Name of Consultant/Agent: Rnpi_fe_L Robertson 4. Related/Previous Acc ion ID number(s): SAW 2010-01173 5. Site Address; 305 Dixon Dairy Road, Kings Mountain. Cleveland County 6. Subdivision Name: no subdivision 7. City: Kings Mountain S. County: Cleveland 9. Lat, 035,11�486^ N Long: 081.242355- W 10. Quadrangle Name: Grover 11. Waterway: UT to tong Branch (Class C) 12. Watershed: Broad River Basin 13. Jurisdictional Features on the Site: (Approximations Only.) Stream Length: 280 linear feet Wetland Area., nG_�tiands_acres Open Water Area: no open water acres 14. Requested Action: ® Nationwide Permit # 18 ❑ General Permit # ❑ Jurisdictional Determination Request ❑ Pre -Application Request The following information will be completed by Corps office: AID: _Prepare File Folder _Assign number in ORM Begin Date Authorization: _Section 10 Section 404 Project Description / Nature of Activity / Project Purpose: Site/Waters Name: Keywords: !� VIFIONMENTAL February 22, 2011 U5 Army Corps of Engineers NC Division of Water Quality Attn: Mr. Tyler Crumbiey Attn: Mr. tan McMillan I51 Patton Ave, Room 208 1650 Mail Service Center Asheville, North Carolina 28801-5006 Raleigh, North Carolina 27699-1650 Re: Kings Mountain Minerals, Inc. H1 Mica Mine— PCN Request Kings Mountain, Cleveland County, North Carolina Tyler/Ian: The attached Pre -Construction Notification (PCN) is being submitted on behalf of Mr, Peter Flynn with Kings Mountain Minerals, Inc. to allow for the excavation and fill with rip -rap of a drainage feature that has been determined to be intermittent, unimportant by the Corps and intermittent by DWQ on approximately 90 acres in Cleveland County, North Carolina on Dixon Dairy Road. Kings Mountain Minerals, Inc. is seeking a nationwide permit 18 authorization for 250 linear feet of excavation and 30 linear feet of rip -rap. The 250 linear feet of impact is necessary in order to mine additional mica on the property. The 30 linear feet of rip -rap is necessary to stabilize the bed and banks of the bottom reach of the drainage feature which will receive intermittent flows from the proposed storm water basin (SB-1). The stream area is not included In the initial mining boundary but the impacts will be completed, once approved, prior to March 18, 2012. Storm flows from the 25-year storm event for the 57 acre drainage area that drains to the jurisdictional feature will generate 191 ens of flow in the stream at the property boundary. Outflow from S6-1 will only generate 0.59 cfs of flow through the skimmer under normal operating conditions and up to 3.43 cfs during a 10-year storm event and overflow into the riser. Once sediment and erosion control measures are in place, the majorlty of all storm water that now flows into the stream will be diverted and managed by SB-1. The dramatic decrease in storm flow surge will greatly reduce or eliminate the erosive forces that are currently eroding the banks of the stream during storm events. Flow from the sediment pond outlet will flow across a rip -rap outlet dissipater, which will diffuse the flow even more. The flow will enter the stream near flag 2, which is located 30' upstream of the property line at flag 1. The proposed rip -rap within the stream wilt further ensure stable conditions during the periodic flow events. velocity calculations demonstrate that flow from SE; -I will never exceed the self -scouring velocity and will not generate erosive flow. ATLAS Environmental Inc PO Bak 882 / 66 Pop[dr St Gntwk North Cmat:na 28716 828-712-9205 (m) / 828-648-e881 (o) / 828-648-0902 (r) w+vn'.dtl3Fern+.C7_n ' TLAS r fEWRI)NMENTAL AGENT AUTHORIZATION FORM Department of the Army Wilmington District, Corps of Engineers Attu: Ken Jolley, Chief Regulatory Division PO Box 1890 Wilmirxjton, North Carolina 2BQ2-1890 -and- NC Division of Water Quality Attn: Ian McMillan 165D Mall Service Center Raleigh, North Carolina 27699-1650 k! n �Jlr k VA I, the current landowner of the property identified below, hereby authorize Atlas Envlronment111 Inc to act on my behalf as my agent during the processing of permits to Impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act, Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff. Atlas Environmental Inc Is authortred to provide supplemental information needed for permit processing at the request of the Corps or DWQ. Property Owner of Record: , Project Address:Ca, Project Address: i o l c-F± i 6w� h 6.1 N C d.8a 9G Mailing Address: Pd , 1 �9 Mailing Address: O �T Phone Number: �Wi\� - ao - 3 Fax Number: EmadAddmss: �P.i-ec.t.lFfuNN� Ct}AefqS.Co'A Owners Name: Owners Signature: Date: ATLAS Environmental the Po Bar ow / 5a Feder 9 Cann North Umil a 24716 828.712-9205 (m)1828.648.8901 (0)1828-6"45M If) OF NNAT(rq o Office Use Only: Corps action ID no. DWQ pfgact no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification PC Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ®$BGtipn 404 Pem11! El$EGilpfl 10 Permit 1 b. Specify Nationwide Perini! (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certtfication— Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the retard because written approval is not required? For the record only for DWO 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ®No 1 E Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from miligation bank or inAieu fee program. ® Yes ❑ No 19. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes 2) No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ®No 2. Project information 2a. Name of project: Kings Mountain Minerals, Inc H1 Mine 2b. County: Cleveland 2c. Nearest municipality I town: Kings Mountain 2d. Subdivision name. not within a subdivision 2e. NCOOT only, T.I.P. or state project no: not a DOT project 3. Owner Information 3a. Name(s) on Recorded Deed: Nais{er Brothers, Inc. (leased by Kings Mountain Minerals, Inc.) 3b. Deed Book and Page No. 4G and 073 3c. Responsible Party (for LLC if applicable): 3d. Street address: 102 Concept Drive 3e. City, state. zip: Kings Mountain, North Carolina 28086 31'. Telephone no.: I 704-300-38W 3g. Fax no.: 704739-3731 3h. Email address: Peter,Flynn@calderys.com Page l of 11 PCN Form -- Version 1.3 December 10, 2008 Version 4. Applicant Infonmation (if different from owner} 4a. Applicant is: ❑ AWM ❑ 09er, speaty: 4b. Name: Peter Ftynn 4c. Business name ('If applicable): Kings Mountain Minerals, Inc. 4d. Street address•, same as above 40. City, state, zip: same as above 4f. Telephone no.: same as above 4g. Fax no.: sans as above 4h, Email address, same as above S. AgentlConaoltant Information (if applicable) Sa, Name: JennNer L Robertson 5b. Businessname d applicable): AflasEnvirwrmentalInc 88 Poplar Street! PO Box 082 5c. Street address: 5d. City, state, ZiD: Canton, North Carolina 20718 5e. Telephone no.: 828.712-92051028-648.8801 5t. Fax no.: 828.54Ma02 Sg. Email address: jrobedwn@adasenvi.com Page 2 of 11 PCN Form — version 1.3 December 10. 2008 Version B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 4-37 124 Latitude: 035.1 13486N Longitude: - lb. Site coordinates (in decimal degrees): 081.242355W 1DD.DDDDDDI I.M.DDDDDD) 1c. Property size: +f- 90 acres 2. Surface Waters 2a. Name of nearest body or water (stream, river, etc.) to Long Branch proposed project: 2b. Water Quality Classiicatian of nearest receiving water: C. 2c. River basin: Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the protect at the time of this application: The property consists mainly of fields. The majority of the area that was forested has been logged. A narrow riparian corridor remains along the drainage feature. The surrounding area is primarily an existing miring operation, cattle farms, and some residential development. 3b. List the total estimated acreage of all existing wetlands on the property: <0.002 acre (280linear feet of stream) 3c, List the total estimated linear feet of all existing streams (intemtittent and perennial) on the property: 280 linear feet 30, Explain the purpose of the proposed project: To mine mica which wilt require a permit for stream Impacts including excavation and rip -rap, 3e. Describe the overall project in detail, Including the type of equipment to be used: The property will be mined for mica, There is ore (mica) deposits to 60' to 80' under and surrounding the intenninent stream. Typical construction equipment will be used including irackhoes, bull dozers, and dump trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property 1 ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: September 16, 2010 by the Corps 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? _ 4c. if yes, who th 9sdictionai areas? AgencylConsultant Company: SBEC Name (if nown): Wendell Ove y lrlfI I Ctner: 4d. If yes, list ales orps jurisdictional determinations or State determinations and attach documentation. September 16, 2010 by the Corps and February 3, 2D11 by DWQ 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No j] Unknown this project (Induding all prior phases) in the past? 5b. If yes, explain in detail according to'help file' instructions. no permits have been requested or obtained in the past Page 3 of 11 PCN Form— Version 1.3 December 10. 2008 Version 6. Future Project Plans T Ba. Is this a phased project? Yes ® No 8b. if yes, explain. ttrs project is mt a phased project there are no future pV160 plans beyond ttom bag presermed Page 4 of 11 PCN Form — Version 1.3 December 10. 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a, Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed Ort the site. Chen complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Welland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, f 0 Area of Impact Permanent (P) or (if known) pWQ - nor,404, other) (acres► Temporary W1 ❑ P ❑ T © Yes ❑ Corps [] No ❑ pWQ W2 ❑ P Q T ❑ Yes ❑ Cops No ❑ 0M W3 ❑ P [,I T _❑ ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ WS ❑ P G T ❑ Yes ❑ Caps O No ❑ ow_o W6 ❑ P Q T ❑ Yes ❑ Corps ©No {]DWQ 2g Total wetland impacts 2h. Comments: there are no wetlands present on site 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impeets) proposed on the site, then complete this question for all stream sites impacted. 3a, 3b. 3a. 34. 3e. 3f. 3g- Stream impact Tyce of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps - 404. 10 stream length Permanem (P) nr intertrrttent pWQ - non-404, width (linear Temporary (T) (INT)? other} (feet) feet) S1 ®P ❑ 7 rip -rep UT Long Branch ❑ PER ®INT ® Corps ®1]4Y0 3 30 _ S2 P L7 T excavation UT Long Branch ❑ PER ® INT ® Corps ® DWQ 3 250 53 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑POT ❑ PER ❑ Corps - ❑ INT ❑ pWQ S5 ❑POT PER ❑ Corps ❑ INT ❑ pWQ 56 O P O T © PER ❑ Carps © INT ❑ DWQ 3h. Total stream and tribute ry i mpncts 287 3i. Comments: feature has not been observed flowing in over two years, only persistent water present is in one scour pod Page 5 of 11 PCN Farm - Version 1.3 December 10, 2008 Version 4. Open Water impacts If there are proposed irrp" to takes, ponds. estuaries, tributartes, sounds, the Allamic Ocean, or arty other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody Impact numbW — (if apjAcable) Type of impact Watarbody type Area of impact (acres) Permanent (P) or Temporary 01 ❑P❑T 02 QPOT 03 ❑P❑T _ 1)4 ❑P❑T 4f. Total open water impacts 4g_ Comments- no open water present on property 5. Pond or Lake Construction If ontl orakeconstructionpfoposed then complete the chart betow. 5a. 5b- 5c. 5d, 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number cf pond — Flooded Filled Excavated Flooded Filled Excavated Flooded Pt PZ 5f. Total 5g. Comments: there is no orNins pond or take proposed 5h_ is a dam high hazard permit required? ❑ Yes ❑ Na If yes, panrtit 10 no: 5i. Expected pond surface area (acres): none proposed 5j. Size of pond watershed (acres): none proposed 5k. Method ofconstruction: none proposed 8. Buffer Impacts (for DWQ) If project wilt impact a protected riparian buffer, then complete be chart below. If yes, then individually list elf buffer impacts below. if any Impacts re u4e mitigation, then you MUST fill out Section D of this form. ea. ❑ Neuse ❑ Tar -Pamlico E, Other I Project is in which protected basin? ❑ Catawba ❑ Randleman 8b. Bc. fid. 6e. 6f. 6g_ Buffer impact number— Reason Buffer Zone t Lrrpact Zone 2 imact p Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ra impact required? B1 [I PUT ❑Yes ❑ No _ B2 ❑P❑T ❑Yea ❑ No 63 ❑P[IT ❑Yes ❑ No — 6h. Total befIer impacts — 6i. Commenw Phis project does not occur within a protected buffer Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. ImpartJusttficatton and Mitigation 1. Avoidance and Minimization 1a_Specihcally describe measures taken to avoid or minimize the proposed impacts in designing project. The applicant tried to avoid impacts to the stream, however, after addilionat correspondence with the Corpe, DWQ, and DWQ stormwater it has become apparent that impacting the entire 280' is necessary and cannot be avoided. to. Specifically describe measures taken to avoid or minimize the proposed Impacts livough constnuttion techrtiques. No more than iincidentail .fallback vnti occur during excavation. The equipment that will be used will be in good working cortddiOn arrd will not pose a throat to water quality. The slormwater controls that are proposed will etrnmate the ctmien[ eroding condition of the stream. 2_ Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U,S, Or Waters of the State? ® Yes ❑ No 2b, if yes, mitigation is required by (check all that apply): ® DWQ 0 corps ❑ Mitigation bank ® Payment to in -lieu fee program Q Pe!mwee Responsible Mitigation 2cit yes, which mitigation optuon will be used for Vt is p:gect7 3. Camp role if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b, Credits Purchased (attach receipt and letter) Type Quant ty le. Comments: there was not a bank avallabfe in the Broad River basin A. Complete If Making a Payment to Inaleu Fee Program aa. Approval lehar from in4ieu ,faa program is attached. ❑ Yes w 4b. Stream mitiga6dn requested 2W linear teat 4c. It using stream mitigation, stream temperature: ® warm i❑ cool Ocold 4d. Buffer mitigation requested (DWQ Only): square feel 4a. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mifigofion requested: aces 4g. Coastal (tidal) wetland mitigation requested: aces _ 4h. Comments: the application letter Is attached, FEP will make a decision about approval on February 22, 2011 S. Complete if Using a Pereti tee Responsible Nitration Plan Sa. It tieing a permtlee responsible mitigation ptan, provide a description of the proposec mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10. 2008 Version F. Supplementary IMonnal 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federalistaterlocaq funds or the ❑ Yes ® No use of public (federalfatate) land? 1b. If you answered'yes'to the above, does the project require preparation of an environmental document pursuant to the requirements of the Naticnal or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPAISEPA)? 1c. If you answered 'yes" to the above, has the cl=rnerd review been Bnalized by the State Clearing House? (if so. attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter) Comments: no public funds will be used for this project 2. Vlolatlons (DWO Requirement) 2a. Is the site in violation of DWO Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300). DWO Surface Water or Welland Standards, ❑ Yes ® No or Riparian Suffer Rules (1 SA NCAC 20.0200)? 2b. Is I'll an aftef•tne-fact permit applical ❑ Yes No 2c. 1f you answered 'yes' to one or both of the above questions, provide an explanation of the viclatlon(s): 3. Cumulative Impacts (DWO Requirement) 38. Wld this project (based on past and reasonabty anticipated future Impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b, if you answered 'yes' to the above, submit a qualitative or quarlitativd Ganulative impact anal in accordance w,th the most recent DWO policy. 11 you answered'i provide a short harratme description. 4. Sewage Mpoi (DWO Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated hors the proposed project, or available capacity of the subject faoiEity. There will be no sewage disposal required for this project. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version S. Endangered Speclas and Ceslgnatad Critical Habitat (Corps Requirement] 5a, Will this project occur in at near an area with federally protected species or Q Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes No impacts? ❑ Raleigh 5c. If yes. indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species of Designated Criticat Habitat? NC Natural Heritage Program Website and Workroom Map! FWS Website G. Essential Fish Habitat (Corps Requirement) 6a. WIII this proyect occur in or near an area designated as essential itch habitat? ❑Yes 23 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Office of Habitat Protection Website 7. Historic or Prehistoric Cultural Resources {Corps Requirement) 7a. Wilt this project occur In or near an area that the state. federal or tribal governments have designated as having historic or c0turai preservation Yes Na status (e.g.. National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site wuu:d impact historic or archeological resources? NC State Historic Preservation Website S. Flood Zone Designation (Corps Requirement) 8a. Wit[ this project occur in a FEMA-0esignsted 10G-year ftoodptafn? ❑ Yes ® No fib. If yes, explain how project masts FEMA requirements: Sc. Vytrat soixce(s) did you use to make the f?oodpiain detwilrunation? Cleveland County 6131 Map Enclosed Jennifer L Robertson yj� J t February 20, 2011 Applicant/Agent's Printed Name ApplicarittAggeetnt'sPSigdnature Date (Agent's signature h valid only it an auih"aifiW letter from the appkant n Provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 20D8 Version -ev 7-W N Lamt: U35'1V34.SG' N 081-2423.55- W Data: GRAVER w In: 211-1,12011 Capt-on: Kings Wvniaim Minerals H I SC21e: I inch eqUalS 4000 feet Clavelznd County. NC cwwwdo5,99T. @FqAy— r L soww 1 " = 60' sham oar 2-18-11 + __a Impact Ma - Close Up n rn� agea KM H Property gads c nr ze»s Cleveland County, NC aas-aca-esm '^m^ a x Kings Mountain Minerals, Inc. .IKMMt 1000 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form Should be compltted by following the instructions provided in Section IV of tht 1 D Form Instrucuonal Ouidcbook. SECCIQN 1: BACKGROUND INFORMATIO A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD);February[,2011 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Asbeville Field OfRcr, Fit I(logs Mountain Mim SAW 1010. 01173 PROJECT LOCATION AND BACICGRODND INFORMATION: State:No:th Carolina Cmmtylpatish/bnrvugh; Ckwland Ciry: Kittgs Matminin Ctnttr caardinates nfaite ([atllong in degree daimal formes]' Let. 035. [ [34&6" N, iong 0&1 242335° W. Universal Transverse Mercaiw: Name of nearest waterhody; UT to U['to (.Mig Branch Nome ofnearest Tradilional Navigable Water (TN W) intn which the aquaiic resource flows: Broad River (TN W starts in South Carolina) Name of tva]ersheC or Hydrologic UmE Code (HUC): Rroad River IJasin- (0305010) 9 Check if map/diagrem ofreview area and/or paremial jurisdictional areas tvare event fibre apart request, Check ifother sites (eg, afTsitc mgafinn sites, disposal sill, cic... ) ate associated with this action and are recorded on a different ID form, D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLYI: Office (Desk) Determination. Dow Field Determination. beams): Febnaery 1, 2011 SECTION H: SUMMARY OF FINDINGS A. RHA ncirioN 10 DETERMINATION OF JURISDICTION. There Artie "navigable water; of the U.S." within Rivers and Hetbon Act (RHA) jurisdiefinn (as donned by 33 CFR part 320) in the review area. (Revint— j I] W wens subject to the ebb end flow of the tide. Q Waters we prtscndy used, Or have been used In the past, or may be sus"ibfe for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There An `rsarrrr afthe US" within Chan Water Act (CWA) jurisdiction (ts defined by 33 CFR part 128) in the review area. [Rrgairrdj 1. Waters of Ehe U S- a. Indieste presence orwaters of U.S, in review area (check fill brat apply);' ❑ "INWs,including territorial seas �] Wetlands adjacent to 7N Ws [] Relatively permanent wwere (RPWs) that flaw directly or indi=dy into'INWs Non-RPWs that flow direcdy or indirectly into TN Ws _ © WeLmMs dir€ody abutting RPWs that flow directly or indirectly into T1HWs k ❑ Wetlands adjacent to but not directly abutting "Ws thatflaw direedyer Indirectly into TNWs Wct3anda adjacent In non -RP WS Out now directly or iad'oectly into IN Ws �] Impnundments ofjurisdietional waters Isolated f inlcystatc or intrastale) waters, including iaolaied wetlands b, Identify (estimate) size of waters of the U.S. in the review area: Non�welFmtd waters: 2801iraear feet:l width (R) aadla 0 02 acres. Wetlands: 0 09 acres. t- Limits (bouadaries) of jurladictian based on: 1987 Delineation Manual Eltvat'ron ofestablishcd O1IWM (if known):88DZY to 883.63'. 2. Yon- regulated walers/wettands lebeck if opp[iublt)? Polrss5allyjurisdictimud watusand/orwe lends went assessed within the reviewratea and daa'mincd to be not jurisdictional. Explain: Rases eheckrd below shall be supported by completing the approprime.udions in Section IN betow. ' For purposes orthis rum, an "W is &I'txd as a tributary met is not a TNW and tut typically flows year—d or bes etmiinuous flow ar least'Yeasurally" (t.y. typically 3 mould). 3 Soppurling documentation is prcumrd is Section ILI F. £ TION Il • CWAANALYSIS A. TKWIAND WETLANDS ADJACENTTOTNW, The attocies will assert jurisdiction over TNWs and wNhods adjacent roTNWL 11 the aquatie resource is a Tlti W, Mcnis to Section IILAA and Section 11LD.1. ooty; ifthe aquatic rescaree is a wetland adjacent to a TNW, complele Sections III.A,1 and 2 and Strtlon 111.➢.1.; vtherwire, nee Sertivv l[1.6 below. 1, T`%V Identirr'IN W: Summarize rntianale supporting determination: 2. Wetlaodadjaetat Te TNW Sonamarin rationak supporting conclusion that wetland is "adjacent': B. CRARAf7RRMlC5 Of TRIBUTARY (THAT IS V()1'A TNW) AND ITS ADJACENT WETLANDS (IF ANY); This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether at not the standards for jurisdiction established under Rapanor have been rovL T'ht agtnties will ateen juriedied" over into-na+igats4 tributaries of TNW, where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that rypiralty flow year-round or have vactinvsus Bow at least seasonally (e.g„ Typically J months), A wetland that directly abort an RPW is also j uritdiellanal. If the aquatic resource it not a TNW, but has year-round (pertnnial) flow, skip to Section ULD.2. Ifthr aquatic resdarce is a wetland directly abutting a tributary with perennial flow, skip to Section FILM{. A wetland that is adiaceot to but that does not directly attar an RM requires a sign lficanl nexus evaluation. Corps districts end EPA regions will include in the rocord any available information that documents the existtnce of a significant nexus belne m e relatively permanent tributary that is not perennial (a ad its adjacent wetlands if any) and a traditional novignble, water, even throuth a sigaifsceat nexus finding is not required as a matter of law. If the waterbody is not an RPW, gr a wetland dErectly abattint an RPW, AM will Kqu Ire additional data to determine If the waterbody has a signirinat nexus with o'rNW, tribe tributary hot adjacent—fistds, the significant nexus evaluation most consider the tributary in combination with all of its adjacent wetlandR Thu signifrceot nexus evaivattoa that combines, for aallytiesl pmrpous. the tributary and art of its adjaceat wetlands is used whether the review ens identified in the JD request is the tributary, or its adjacent wetlands, or both. Ir the JD covers a tributary with adjacent wetlands, complete Section flLB.1 For the tributary, Section III.B.2 for any unite wetlands, and Section 111.6} for all wetlands adjacent to that tributary, bath ensile and ortsitc The detormination whether a significant notes exists is determined in Section IILC below, I. Charseteristics of aoa-TNW's that flow directly or indirectly into TNW (i) Generat Area Conditions. Watershed size: �1-200 roes ➢coinage area: +;-37:aerpj A+tinge annual sainfat): 0 inches Average imnusl snowfall: 6 inehn (ii) Physical Characteristics: (a) Rclalionshin with TN W: ❑ Trihutary flcs s diresxty into TNW. ® Tributary flows through 4 tributaries before entering TNW. liojeet waters are IS-i0 river milm from TNW. Project waters are 1 (or tae) river miles from RPW. Project watc.S art 1413 aerial {straight) miles from TNW. Project waters arc 1 (er ka) atrial (straight) miles from RP W. Poject waters errors or serve as state boundaries. P,xplaim no. Identiry flaw rang w TNWs: Ltr to W to Long Branch to Reason Cretk to 13ufraio Critic m South Cisruliaa us blond River, Nctc that the huuvsiomt Cukdduoa eootems .ddiose) informmian rcp Wing nnles. dtuhes, wesbn, sad xroslanal fracases Ventrally and is the and West. ' Floes rave yes be Oncinbed by idenufym t.ii., tribenarl 4 which flows through the revkw sea, to tow into tributary Is. which then flay into TNW_ Tributary scum order, if known: first. (h) C Tri t ' cheek ell ttW arely Tribpmry ia, ;$ Hatuml ❑ Artificial (matt -made} Explain: ❑ Manipulated (man -altered)_ F.rplain: Tributary properties with respect to tap of bank (estimate): Average width: 3 felt Average depth:.5 feet Avaagc side slopes: Vertfel (1:1 or loin} Primary tributary substrate com sttion (chink all that apply): ® Sit. ( Sammds [] Concrete Cebbles Q Gravel [] Muck ❑ Reftck ❑ Vegnation, TypcN cover; Othct. Explain: clay. Tributtry mrtdiiion/stabiiiry Ie.g„ highly evading, sloughins banks]. Explain, highly eroding, %laughing banks. Presence of ruitAlff dpool cdmpletcci. Explain: very little. Tributary geometry: Relativdy straight Tributary gradient (approximate average slope): C5 % (c) Flow Tributary provides for: latermitiant but not seasonal flow Estimate, average number of flow events in review nseVyear: 1 Describe A" regime: only during large enough storm events. Other infotntallob on duration and volume: property owners have not obw,vrd flaw in two years of working there. Surface flow is: Overland tbeetllow. Charaneristics: during stuns events. Subsurface flow: Unknown Explain findings, ❑ Dye (or other) tes performed: Tributary has (check all that apply): O Bed and banks IR ORWht°(dwtk all indicators that apply) ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or sbscot �] leaf liter disturbed a washed awry ❑ sedimcm depaskion ❑ waterstaining ❑ other (list): ❑ Discontinuous UHWM.r Explain: the presence of litter and debris dtstnrcdrn ofiramrial vegeaaiort the presence of wrack line sediment sorting scour enuhiple observed of predicted flow eycrab abrupt change in plant communimy hf fjcwrs other than the oHWM were used to determine talentl urea of CWA jurisdietiun (dmetk all that apply): El High Tidc Line indicated by: ❑ Mean High Water Mark indicated by: ❑ all or scum line along shore objects ❑ survey to available datum; ❑ Snx shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markinotharacteristics ❑ vegetation lineshhangm in vegetation types. ❑ tidal gauges ❑ other(fisr): Chamial CharactWialiM Chwuterize tributary (e.g., water color is clear, discolored, oily AIm; water quality: Satan 1 watershed characmerimics, etc.). FAplaim water only present in om Nrntr pool during thrasito visits was deem•, water prMal in one additional scour pool during sire visit within 24 hours al'A'ram event was randdy. Identity specifn: pollutants, if known: none. 'A natural u msr-made aiaamtliaeiry;n ate O}a Wit does as awessatity rev« jurisdialm it g,, wh«c Lk sfreem memporarily ilo," t nderpn .d, m wlzm the Obi WM hat been removed by drvokpmenr or egicuttund pradices). Whac mere is a bing a 2.Ofl WM first is ureLted to the mterhady's Flew regime (e.g., Ilow over a rock outuop or through a culmet), the agencies wilt look for wchcow" ofttmv above sod belt. the Weak. r16id. (Iv) Biological Characterisics. Chanorl supports (check all that apply): ftiperian caridnr, Llrata<lcristics (type. average .width): thinned, bgged. avtr[[ge of Ifs wig. ❑ Wetland fringe. Ch;uxztsistics: ❑ Hethinn for: ❑ pods. ally Listed species. Explain Wings: ❑ Fish/spawn area Explain finding: ❑ Other environmentaltysensitive Specie, Explain finding!: ❑ Agtsaeidwlidlife dlversiry. Explain fodings: rsuscranvertobratca. 2. Cbamcteristici of wHlancis ndjn"nt to nod-TNW that flow directly or indirectly into 7NW 01 Physi"I Characteristics: (a) Gcrxeral Wetland Chats 'sixes: P+vpatla'. Wetland sizc:Qarrcs Wetland type. Explain: WctWrdgwlity. Explain: Project wetlands cross or serve as state bermdasies. Explwo: fb) Qmqal .Eln Pcilmio�iawith Non:[`?�`±:: Frew rs: Pkk [Alt. Explain: Surfacc flow is: Pick [.Ire Characteristics: Subsurface flow: Pick Ust. Explain findings: ❑ Pye (W aher) FUR perfWYWd- (c) Wetland Adiaeenev Der minatioq with Von-TNW: Q Directly abunmg ❑ Not directly mbutting ❑ Discrete wetland hydrologic eonntclion. Explain: ❑ Eootog"I c action. Explain: ❑ Separated by bermlhatrier. Explain; (d) Proxcirmly Cftlnlipl prc jeet wcllands arc Pick LUt river mils from 7NW. Project waters are Picktiit aerial (straight) miles from TN W. Flow is from: Pick LAFL Fstimate approximate location of wetland as wi(hin (he Kk [Art fiaodplain. Cherokal Characteristics= Characicrize wctfand system (e.g„ water onhsr is dear, brown, oil film on adrfam water tpuliry; g.neral waurshcd eltararierlstics: sae.). Explain: Identify specific pullutants, if known: (ill) Biological Charaeteristirm. Wedaad sapper u (check dt that apply): Q Riparian WITu. Characteristics (typo, average- width),M D vegetation typelper=I cover, P:aplain: ❑ tfabiat for: ❑ Federally Listed spmioL Explain findings ❑ Fis! rspawn arcm ExpWa findings: ❑ Other envirnnma"Iy-sensitive species Explain find npg [] Aquatidwildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) Ali wetland(s) being considered in the cc nulat vs. analysis: Pick [Ant Aplrroximarcly ( 0 ) acres in [dial arc being coaddend in the cuntulalivc analysis. For each wetland. specify the following: Directly abuts? (YlN) Sivc "n ac eat ITrcttly ahutsY rYMI Size On n •re Summarize overall bialugical, chemical and physical functions being performed: C- SICNIFICAWr NEXIJS DFTERHiNATION A llgnitka.t nexus analysis will assess the flow characterotics and functions of the tributary itaeEfond the functions performed by any wetlands adjacent to the tributary to determine if they signintanity affect the chemical, phyriral, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, In combination with all of Its adjacent xrdlartda, but store than a speculative i r i... bsuatiaJ street on the eheatical, physical andlor biological integrity of a TNW. Censlderatlans when evaluating significant nexus include, but are out limited to the volume, duration, and frequency of Ike new of water in the tributary and its proximity to a TNW, and the fontiloas performed by the tributary and all Its adjacent wetlands. Et it not apprnpriatc to determine 41C.1171 a1 nssva based solely on any specifir thershnld nfdisu.ca Ie.g, between a �. tribotary and ib adjacent nettaad ar hetweea s tributary and the TNW} SLmllarly, the fort an adjacent wdlrnd tin whkie t r outside ofa noodplain it our solely determinative ofsigniftv.at nexus. Draw reanertious between the features documented and the effects on the TNW, as identified in the Rapanos Guidance sad dkeusred in the Instructional Guidebook. Factors loconsiderinclude, for example: • Does the tributary, in combinaion with its adjacent wralmuls (if any), have the capacity to curry pollutants or flood wards to TN Ws, or to reduce the mrim t ofpoitu torts or nrxd warm reaching a TNW? • Does the tributary, in combination with its adjacent wctionds (if any}, provide habitat and liferycle support funetioat for fide and now species, such as (coding, nesting spawning, or reasing young far species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (irany), have the capacity to transfer nutrient: and organic carbon that support downstream foodwcbs? • Docs the tributary, in combination with its adjacent wetlands (if arty), have other relationships to the physical, ehernicel, or bialugieal integrity of the TNW? Note: the above List or considerations is nut inclusive and other functions observed or known to ocrur should be documented below: I. Sigoiflant nexus findings for non-RPW that has no adjacent wetlands cad Flows directly or indirectly into TNWit. Explain Findings of presence or absence of significant nexus below, based an the tributary itscl f, then go to Section ILIAC - 2. Slgialflcant nszas flndiags for non-RIV and its adjacent wtdaads, where the non-RPW flows directly or ladirmly, Into TNWs. Explain findings ofpresence arabsence of significant nexus below, bayed on the tributary in combination with atiof its adjacent wedamds, then go to Section JIM: 3. Stgafirtnnt tatltn fia4ingt for wetlands adjaeesatto on RPW but that do not directly abut the RFW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all ofits adjacent wetlands, men go uy Section II1.D: n. nF:rF.RmlNATlONSOFJIJRISDICTiONALFINDINGS.rHESUBJECT WATERS1WETt,ANDSARE (CHECK AI.L THAT APPLY): 1. 114Ws and Adjaeenf Wef ads. Check all tent coy and provide size estimates in review area: ©I'NWa: linear feci width (it), Or, ucrcs. Q Wetlands adjacent to TNWsi acres. 2. 1ZPWa that Row directly ur indirectly into rlvws. [] Tributaries of TN Ws where uibuLarits typicalty flow year-round arc jurisdictond. provide data and rationale indicasing that tributary is perennial: Observed flow during drought year. dennim bcd and bank, and substrate, `-- Tributaries of TN W where tributaries have continuos c Flow "satsanally" (e.g., typically three months each year) are jurisdictional. Data supposing this condusiml is provided ai Scotian III.R. Provide radon-- indicating that tributary flows seasonally: Provide estitrteles for jurisdictional waters in the review area (check all that apply): ❑ l"rihatary waers! Iinear feu width Oft)_ ❑ Other non -wetland waters: antes, Identify type(&) of r<atcrs-- - 3. Non•RPWsr tbat flow directly or Indirectly Into TNW*. ® Waterbody that is not a TNW or an RPW, but flows directly or indirectly, into a TNW, and it has a significant nexus with a TNW is jurisdictional. Dala supporting this conclusion is provided or Secrirm M.C. Provide estimarev for jurisdictional waters within 1M revic, area (shack all that apply): ❑ Tributary waters: linear feat width (ft). ❑ Other fton-wetland warns: acres. betroths typc(s) of waters: - 4. Wetlands directly ahutiing an RPW that now directly or indirectly into TNW&. [] Wetlands direw)y abut RPW and thus arc jurW!etioital ss odj=rit wctlarrds. Q Wetlands directly abuningmn RPW where irrbowks typically Dow ycw round. Provide data and rationale indicating that tributary is perennial in Section 1(I.DS, above. Provide raiiormle indicating that wetland is directly abutting an RPW: [) Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tribunary is seasonal in Senian E1i.R and rmtionaft in Sertion III.D.Z above. Provide rationale tridigeting that wetland is direct$) ubuning an RPW: Provide acreage aairruttce fm jurisdictional wetlands in the review area: 0.09acres. S Wetlands adjacent to but not directly *barring an kM that now directly or indirectly iota TNWL ❑ Wetlands that do not directly abut an RPW, but when considered In combination with the tributary to which they are ad)acenl and with simila fy situated adjacert netlesids, have it significant nexus with a TNW are jurisidictional. then supporting this eooclasion is provided so Section III C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. ( Werlsrsdsadjaceat toaan-RPWatamt ffew directly err indirsrtty tpto TNWL ❑ Wetlands o4Jacent to such waters, and have when considered in combination with the tributary to which they are ad_jaceAt and with similarly situated adjacent wetlands, have a signirwant nexW with a TNW are jurisdictional. Data supporting this conclusion is pruvided at Settiun 111.17. Provide estimates for jurisdictional wetlands in the review area: acres. 7. tmpoondment$ ofiurisdiet anal waters.* As a pacral rule, the impoundiverit of s jurisdictional btb ary remainsjurisdictional. ❑ Daetaamntt then impoupdment sops creased from "warms of the U.S„" or Demonstrate that wettx rnexxs the criaaria far one of dtc aztcgarriea pus-senard above (E-b), at [] Dcmonstate that water is isolated with a nexus to cnrltmerCC (gee F: bciowJ E. ISOLATED [INTERSTATE OR HWFRASTATE) WATERS, INCLUDING MOIL ATFD WLTLANV&THE WE. DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPL4):1e J which are ur r:ould be used by Wcrnatc or lomign ua 1r for recreational or other purpu— [� from which fish or sheMiish are or could be taken and sold in interstate or foreign commerce. which are or could be used for indusuial purposes by industries in busxstete conurbou. Interstale isolated waters. Explain: Q Other factors. Explain: Identify "ter body and stoat riu rationale saplawint drterPoration: 'See Footante a 3. r To coinpine the analysis Moor 0 the key in $anise III.D.6 of due instructional Guitirb.A. Prior to userdog p deedmiog C WA fartsdtctioo heed *otrly on this rorftory, Cory" Motto will devote at sedoa to Corp. mad EPA HQ rw r"i— roatlileat with the procnr described is the Carp4JXFA Mcwo m idam Arpr!!ag CWA AC Jorboil loa Fo&.d g Rapa»n. Provide estimates fat jurisdictional waters in 1ht review ores (deck all that apply): tributary w9rena linear Res width (R). Other non -wetland waters: acres. Edeatify Iype(s) of waters: ❑ Wetlrutds: acres. F. NON-.IURISDICTIONAL wATERS, LScLuDING WETLANDS (CHECK ALL IIIATAPPI,Y): El Tf potential wetlands were allLtted within the review are., these amps did not meet the criteria in the 1987 Carpi of Enginms Wetland Dclinewion Manual andlor appropriate Regional Supplements. ❑ Review area included isolaled water with oo xabsrantial nexus to imersrare(or loreign) comrnnde. [1 Prior to the ten 2001 Supreme Court decision in "SWANCC,- the review area would have been regulated based safely on the "Migratory Hied Rule" (MaR). Waters d�o, �no`t' meet the "Signiftctmt Nexus" standard, where such a finding is requited for jurisdiction. Explain: ()[her: (explsia, if not covered above); Provide acreage estimates for non -jurisdictional waters in the review area, where the Ipjd potential basis of jurisdiction is the MRR factors (i.e., presence of migratory birds, presence of endangered species, use ofwater for irrigated agrieullure), using best prafcssion.l judgment (check all that apply): { niaa•werLad wtrters (r.e., riven, vreamsl= linear lets width (ft} ❑ LakcJpunJs; act s. Othcf rwn-wetland waters: acres. List type of aquatic resource: ❑ Wetlands: arms. Provide aacagc estimates far non jurisdictional warcrs in the review area that do not mast due "Signifnxnt Nexats" standard, where such a finding is required for jurisdiction (check all duet apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet. width (ft). El (AkeVpcnds: acres. ❑ Other non-wedanJ+step-. acreS. List type afaquatic resource: ❑ Wetlands: acres. S)ICTIPNIY, CATASQVRCES. SUPPOR'UNG DATA. Data rev(ewed for JD (cheek as (bat apply - checked items shall be included in case file and. where thec►ed and requested, appropriately reference sour . below): M Maps, plazas, plats or plat submitted by or on hehalfaftht applicanl/conmitant: Pala sheets pmparbd/submitted by or on behalf oflhe applicanvaonsvhant. 0 ofr" concurs with data sheeWd Jineatian report. fl 01Tsti does not concur with data sheetsldclineation report. ❑ Dala shorts prepared by the Corps: ❑ Carps navigable waters' study: [] U.S. Grohmi itl Survey Hydrologic Alias' ❑ USGS NHD data. ❑ USGS 9 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ USDA Natural Rwourccs Conservation Service Sail Survey. Citalion'i 0 National wetlands i.veatary mep(s). Citenraoe: El Staicif nca( wetland invenlary map(s). F WAJFIRM maps: 10(}yen Flood lain rie"tion is, t tlonil Geodectie Vertical Datum of 1429) ❑ Pholographs: [� Aerial (Nome & Date): or [] ovh (Name & Date). M Previousdetermination(s). Fil<no. and date of respomelecoer.SAW 291 Wi1i'3; Uctohrr 21, 2U19. r[] Applica ,lelsupporting case low; yet Applieablefsupporting scicnliRi litcreturcr LJ Olha infommtfon(pleae, specify): R. ADDITIONAL COMMENTS TO SUPPORTJD: Y- I.iEco s e , I nan/ "Clul ent PROGRAM February 22,2011 Peter Flynn Kings Mountain Minerals 102 Concept Drive Kings Mountain, NC •28056 Expiration'of Acceptance: November 22, 2011 Project: H I Kings Mountain Mine County: Cleveland The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced. project_ Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation ar prajecl.impaets. It is the responsibility. of the applicant to.contact these agencies to"determine if payment to the NCEEP will be approved. You.niustialsoccomplY_withiall.other• state:,fedcraliorilaT This, acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certitication/CAMA permit within this time !Tame, this_acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based on1he'required mitigation in that permit and payment must be made prior to'conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceepmel. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Impact Broad 03050105 0 0 280 0 0 0 0 0 Credits Broad 03050105 0 0 Up to 560 0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the Compensatory mitigation, If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit n mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be,performed in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In=Lieu Fee Insirument dated July 28, 2010. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, William D. Gilmore, PE Director cc: Ian McMillan, NCDWQ Wetlands1401 Unit Tyler Crumbley, USACE-Asheville Alan,Johnson, NCDWQ-Mooresville Jennifer Robertson, agent File xat-oruti... E ... Prot-", Oar. Aa& �gA C-6EFR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh; NC 27699-1652 / 9197715-0476/www.nCeep.net Z01� Kings Mountain Minerals, Inc. H-1 Site Kings Mountain, NC NPDES Permit NCG020000 COCNCG020089 NPDES Permit Meeting with The State Agenda 1. Brief Description about the site and the activities - Paul 2. Jurisdictional waters & drawing - Chuck 3. Pictures of the stream, water level and the profile - Paul 4. Show Groundwater Monitoring Wells - Chuck 5. Show Sediment Basin Drawings - Chuck 6. Presence of water in the pond - Show pictures of Archdale - Paul 7. Conclusion - Chuck 8. Final wrap-up - Paul Jones, Jennifer From: Georgoulias, Bethany Sent: Friday, September 17, 2010 12:27 PM To: Bou-ghazale, Samar; Bennett, Bradley Cc: Jones, Jennifer; Pickle, Ken Subject: RE: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us Hi Samar, Thanks for the background. They are coming next Thursday to Raleigh to meet with us. Right now I don't think we need a stream determination; Chuck did not seem to contend it was a stream even if the Corp called it 'unimportant', so I think we took care of that issue. We will let you know if that changes. They are more interested in discussing what we want to justify an answer to Question 19 on the NCG02 NOI — i.e., why they think they won't impact the stream with dewatering and won't need a pumping O&M Plan. If you would like to be involved in the meeting, just let us know (in person or via conference call; I know it's a long drive for a meeting!). We'll be just as glad to update you afterwards, too. Thanks, Bg Bethany Georgoulias Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http:llportal.ncdenr.org/web/wq/ws/su 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: Bou-ghazale, Samar Sent: Wednesday, September 15, 2010 3:52 PM To: Georgoulias, Bethany; Bennett, Bradley Cc: Jones, Jennifer; Pickle, Ken Subject: RE: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us Bethany, Chuck Pakala and the owner of the mine wanted to meet with me in order to give them assurance, that nothing will delay the issuance of the mining permit. I told him that they could come anytime and will review the application with them. However, the Regional office will submit its recommendation to Raleigh and we don't have the final say whether a permit will be issued or denied. Regarding stream impact, please note that mitigation is needed for a stream whether it is perennial or intermittent when the impact is greater than 150 feet and we are not bind by the COE "important" and "unimportant" terms. Also, if you want a stream call before you meet with the consultant and the applicant, please let us know. We, in Mooresville can make this call. Thanks, Samar _ ti_ Page 4 C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map received by the Land Quality Section on October 8, 2007. 5. All permit boundaries (13.29 acres) shall be permanently marked at the site on 100-foot intervals unless the tine of sight allows for larger spacing intervals. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. B. A minimum six foot high vegetated berm with three horizontal to one vertical slope or flatter shall be constructed to visually screen the mine site from the Pitt County Board of Education properties. In addition, a gate shall be installed on the existing farm path near such properties to prevent inadvertent access to the mine site by the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffer zones shall be maintained as indicated on the Mine Map received by the Land Quality Section on October 8, 2007. 10, A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers From: Pickle, Ken Sent: Wednesday, September 15, 2010 1:35 PM To: Georgoulias, Bethany; Bennett, Bradley Cc: Jones, Jennifer; Bou-ghazale, Samar Subject: RE: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us Bethany, Miscellaneous comments: Sounds like you already knew what 'unimportant' meant. I first heard the terms 'important' and 'unimportant' last week from John Dorney. John noted that this was a Corps designation not a DWQ designation, and that DWQ can consider that determination, but that we frequently choose not to be bound by it. Apparently our mission to protect NC waters is not tied by rule to this federal determination. => If this continues as an issue, seems like we need 1D or someone else from Park View to attend and explain that the CoE determination is not binding on us. • I've dealt with Chuck before on NCG14s, and I think he's a rational guy. • it's good that they want to meet with us early to be sure there's no delay in the mining permit. We should alert them that one of the measures we have in place now with DLR is just exactly the provision for DLR to MOLD a permit until DWQ is satisfied. We anticipate this provision coming into play most commonly on wetlands and stream impact issues, just like this one. Good. • It looks like we may be called on to explain again that our 401 unit more or less confines their concern to filling of wetlands within the footprint of the mine, but NC rule requires that DWQ protect all wetlands from draining. SPU has stepped forward in NCG02 to do just exactly that. • Although I may not be the best one to attend, I'd be glad to. Ken From: Georgoulias, Bethany Sent: Wednesday, September 15, 2010 1:05 PM To: Bennett, Bradley Cc: Jones, Jennifer; Pickle, Ken; Bou-ghazale, Samar Subject: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us Bradley, I got a call from Chuck Pakala this week regarding this mine site, currently covered under NCG020089. The company is expanding to another parcel of land and modifying their DLR permit as a result. Chuck is filling out the NCG02 N01 because a mod to their COC will also be necessary (a different discharge point/receiving water). His primary questions centered around Question 19 of the NOI (whether there will be impacts to the stream): There is a small stream 150' from where they will be digging down 60'-80' and dewatering, and he's trying to answer the question of whether there will be any impacts to that stream from the dewatering. The company plans to discharge the dewatering WW into that stream (I think he said the class was WS-Iil, but I'll have to verify), and Chuck feels "in his professional opinion that there will not be any impacts from draining." He spent some time explaining that their USCOE determination resulted in the Corp staff calling this an "unimportant stream" that would not even require mitigation measures, but I explained that for our purposes it is still a surface water, and that term does not make any difference to how we must consider impacts. If there's a question about whether it's a stream, the region should make a call (though it doesn't sound like there is a debate about whether it is a stream or not, maybe just intermittent instead of perennial? I'm not sure.) Page 5 or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971), 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4, v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5, verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G:S. 74-54 in the form of a $14,700:00 Irrevocable Standby Letter of Credit (of which $9,700.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his 4 In my first conversation with him (yesterday), I asked Chuck if he had spent any time evaluating why dewatering would not impact the stream and what kind of engineering -based case they could provide to justify it. He said he was having a hydrologic engineer look at this, but it wasn't clear what that meant. I advised him to submit a technical basis for answering 'No' to question 19 (i.e., no anticipated impacts and why they wouldn't need a Pumping O&M Plan). He called again today to say that his client would like to meet with us face-to-face about this issue because they want to make sure nothing will delay the Mining Permit later in the process. In other words, they want to talk about what exactly we need to be satisfied that there will be no impact to this stream. I asked if he'd talked with the MRO, and he indicated that Samar had sent him to us because we would make the final approval of the revised COC. Anyway, we have been asked to meet with Chuck and his clients herein Raleigh to discuss this. He asked about tomorrow, but I already have some things scheduled, and I explained that others will also need to be involved since I'll be out soon. Friday may not be best either, but I am open in the morning. Next week is open. Who all you would you want to attend this meeting? Or, do you think it's necessary? I'm not sure what more to tell them other than to provide a good engineering -based argument that there will be no impacts? Do we need to advise them on not overwhelming a small stream with huge dewatering discharge, either? Some more details: -1 asked Chuck whether they had looked at flows of the stream and anticipated dewatering discharge rate. He did not have stream flow information, but previous experience in the other portion of the mine indicates a rate of 2-5 gpm (7200 gallons per day). (Consider: With the earlier info of this being something the Corp calls on 'unimportant stream', do we also wont to make sure flows will not overwhelm a zero flow stream, regardless of whether it's HQW?) -Mine pit will go down 60-80' deep -He did ask about Question 20 (if wetlands or streams are within 400% and obviously the answer is 'Yes', I explained that this distance is something we are asking about because so many times the applicant does not give us info. on waterbodies that are outside the mine footprint, and we have to protect those as well. I told Chuck I would get back with him as soon as I could. Please advise on who all should be involved (or if you think we need to meet at all), and I'll arrange. I get the feeling from Chuck it's the clients who are pushing for this because they want some reassurance that DWQ is not going to hold them up. I have the GP file in my office. Thanks! Bg Bethany Georgoulias Environmental Engineer NCDEN.R I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http://portal.ncdenr.org/web/wg/ws/su 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. Page S . employ encounter human skeletal remains, immediate notification shall be provided to the county metrical examiner and the chief archaeologist, North Carolina Division of Archives and History. Georgoulias, Bethany From: Bennett, Bradley Sent: Wednesday, September 15, 2010 1:27 PM To: Hennessy, John Cc: Georgoulias, Bethany Subject: RE: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us Questions — yea we have some. As Al noted at our previous meeting, these issues of wetlands and stream dewatering are a little outside of the stormwater unit's expertise. Any thoughts on additional information that we should ask these folks to develop? Anyone you can recommend with 401 that could be involved here? Anyone from MRO you would recommend looking at this. Do you wan to go to a meeting? Bradley Bennett Stormwater Permitting Unit NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone: (919) 807-6378 Fax: (919) 807-6494 Email: bradley.bennett@ncdenr.gov (New Email address) Web: http://portal.ncdenr.org/web/wq/ws/so m4 iL : CtM. G�, F7ALz( 7, (704) 5J) - gogz cv Pyk" 1z-�c" l€ nz. >rr tvw. Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hennessy, John Sent: Wednesday, September 15, 2010 1:22 I'M To: Bennett, Bradley Cc: Georgoulias, Bethany Subject: RE: Kings Mountain Minerals - Cleveland' County Mine, Requests to Meet with Us Whether a stream is important or unimportant is a call the Corps makes and uses as a guide to determine whether THEY will require mitigation for impacts. The actual criteria they use is a state secret and apparently is only known to a few, explicitly the Secretary of Defense and the President O. It is not clear if the Vice President has been made aware. suppose in a time of national emergency he would be briefed. Seriously, their criteria is not clear to me anyway. It appears to be field representative specific. But, when I have been in the field with them when they make calls, they use many of the same geomorphic criteria and stream biology. It has been my observation that the important/unimportant line usually fails in an area.roughly equivalent to our historic intermittent/perennial line. But, there are many examples where this is not the case. The important take home message is exactly what Bethany pointed out. Regardless of the important/unimportant it sounds like it is a stream. The issue of dewatering the stream is a valid concern. I hope this helps. Let me know if you have any questions. From: Bennett, Bradley Sent: Wednesday, September 15, 2010 1:12 PM To: Hennessy, John Cc: Georgoulias, Bethany Subject: FW: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us John, Can you give me some feedback on this "unimportant stream" thing from the Corp and how much effort you think we should put in on dewatering or discharge to an "unimportant stream." I think Dorney may have said the other day that even if the Corp makes this call we could consider it differently. Thanks :: Bradley Bennett Stormwater Permitting Unite NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone:(919) 807-6378 Fax: (919) 807-6494 Email: brad] ey.bennett@ncdenr,gov (New Email Address) Web: http://portal.ncdenr.org/web/wq/ws/su Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Wednesday, September 15, 2010 1:05 PM To: Bennett, Bradley Cc: Jones, Jennifer; Pickle, Kf-n; Bou-ghazale, Samar Subject: Kings Mountain Minerals - Cleveland County Mine, Requests to Meet with Us Bradley, I got a call from Chuck Pakal-, this week regarding this mine site, currently covered under NCG020089. The company is expanding to another parcel of land and modifying their DLR permit as a result. Chuck is filling out the NCG02 NOI because a mod to their COC will also be necessary (a different discharge point/receiving water). His primary questions centered around Question 19 of the NOI (whether there will be impacts to the stream): There is a small stream 150' from where they will be digging down 60'-80' and dewatering, and he's trying to answer the question of whether there will be any impacts to that stream from the dewatering. The company plans to discharge the dewatering WW into that stream (I think he said the Class was WS-III, but I'll have to verify), and Chuck feels "in his professional opinion that there will not be any impacts from draining." He spent some time explaining that their USCOE determination resulted in the Corp staff calling this an "unimportant stream" that would not even require mitigation measures, but I explained that for our purposes it is still a surface water, and that term does not make any difference to how we must consider impacts. If there's a question about whether it's a stream, the region should make a tail (though it doesn't sound like there is a debate about whether it is a stream or not, maybe just intermittent instead of perennial? I'm not sure.) In my first conversation with him (yesterday), I asked Chuck if he had spent any time evaluating why dewatering would not impact the stream and what kind of engineering -based case they could provide to justify it. He said he was having a hydrologic engineer look at this, but it wasn't clear what that meant. I advised him to submit a technical basis for answering 'No' to question 19 (i.e., no anticipated impacts and why they wouldn't need a Pumping O&M Plan). He called again today to say that his client would like to meet with us face-to-face about this issue because they want to make sure nothing will delay the Mining Permit later in the process, in other words, they want to talk about what exactly we need to be satisfied that there will be no impact to this stream. I asked if he'd talked with the MRO, and he indicated that Samar had sent him to us because we would make the final approval of the revised COC. Anyway, we have been asked to meet with Chuck and his clients here in Raleigh to discuss this. He asked about tomorrow, but I already have some things scheduled, and I explained that others will also need to be involved since I'll be out soon. Friday may not be best either, but I am open in the morning. Next week is open. Who all you would you want to attend this meeting? Or, do you think it's necessary? I'm not sure what more to tell them other than to provide a good engineering -based argument that there will be no impacts? Do we need to advise them on not overwhelming a small stream with huge dewatering discharge, either? Some more dotails: -1 asked Chuck whether they had looked at flows of the stream and anticipated dewatering discharge rate. He did not have stream flow information, but previous experience in the other portion of the mine indicates a rate of 2-5 gpm (7200 gallons her day). (Consider: With the earlier info of this being something the Corp calls on 'unimportant stream', do we also want to make sure flows will not overwhelm a zero flow stream, regardless of whether it's HQW?) -Mine pit will go down 60-80' deep -He did ask about Question 20 (if wetlands or streams are within 400'), and obviously the answer is'Yes'. I explained that this distance is something we are asking about because so many times the applicant does not give us info. on waterbodies tl;..t are outside the mine footprint, and we have to protect those as well. I told Check I would get back with him as soon as I could. Please advise on who all should be involved (or if you think we need,to., at all), and I'll arrange. I get the feeling from Chuck it's the clients who are pushing for this because they want some reassurance that DWQ is not going to hold them up. I have the GP file in my office. Thanks! Bg Bethany Georgl-uMs Environmental Engineer NCDENR J DWG j Stbrmwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St. Raleigh, NC 27604 Phone: (919) 807-6372 Fax: (919) 807-6494 NEW Website: http:/Iportal.ncdenr.org/web/wq/ws/su 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. Chalam Pakala Engineering and Environmental Solutions 10017 Allyson Park Dr., Charlotte. NC 28277 Tel: (704) 5414042 Fax- (704) 541-4043 October 5, 2009 Ms. Bethany Georgoulins, Environmental Engineer 111 NC DENR — Stormwater Permitting Unit 1617 Mail Service Center Raleigh, North Carolina 27669-1617 Re; Addition of Sulfuric Acid to Current Closed Loop Process W Exemption from A to C Kings Mountain Minerals, Inc. — Moss Plant 1469 South Battleground Road Kings Mountain, North Carolina 28086 CPEES Proiect No. 1:097-0003 NPDES General Permit No.: NCG020000 Certificate of Coverage: NC6020089 Dear Ms. Georgoulias: Thanks for taking my call regarding a stormwater issue at Kings Mountain Minerals Plant located in Kings Mountain, North Carolina. On behalf of Kings Mountain Minerals, CP Engineering and Environmental Solutions (CPEES) sincerely appreciate your telephone approval for the proposed addition of sulfuric acid to our process wastewater generated during mica extraction from our mining operations. The attached letter describes our process operation and the necessity for the addition of sulfuric acid to our closed loop system. Kings Mountain Minerals, now known as "IMERYS", mines mica at Kings Mountain Minerals— Moss Plant located at 1469 Battleground Road, Kings Mountain, North Carolina. The subject facility operates under the SIC code 1459 —"Mineral Mining Industry" and therefore, it is subjected to NC DENR General Stormwater Permit, NCG020000. A General NPDES Permit (Certificate of Coverage NCG020089) issued to Kings Mountain Minerals was renewed in 2009. The ore extracted/excavated from the ground is slurried up with water and pumped to the Moss Plant for the separation of coarse mica, clay and sand. These three components drop out of the slurry by gravity, clarification and flotation. The overflow from the Moss Plant goes to a tailings pond system for the sand/sediment settlement. The tailings pond system at the facility consists of 4 ponds. The first pond is approximately 28 acres and it receives process water from the Moss Plant. Majority of solids (sand) drop out in this pond. Water from Pond I goes to Pond 2 by gravity and its area is approximately I I acres. Any sand or suspended solids escaped from Pond I will settle in this pond. Water from Pond 2 is pumped to Pond 3 and its area is approximately 8 to 10 acres. Water from Pond 3 goes to Pond 4 by gravity and its area is approximately 6 to 7 acres. Water from Pond 4 is pumped back into the plant for slurrying the ore and separation of mica from the mined material. The pond system allows the sand and sediments to settle with time and eventually allows clear water pumped into the plant for process operations. Thus, maintain a closed loop system for the process water at the subject facility. In addition, no stormwater from the site goes into these ponds. , . •rt+�!!F. I'at r., 3: ,r ,-T .;wf' fj. f r •.• •. u. �, :;'1' ., e' I's,:' ,,, r!{+ •a; ; ,.}!, , •„ •I' .. '1, �IF: _ e iF�ti il. ,, , ! ..,i i - .-,'... " I ., F ,; , , � h . !,if• ,',' :i •, f f .! :E'J.. ., ':'' ' . '. •�, , - .t, <<,' �J'• il' i'l� Y [I !12:L' r L), lit ' '. , .1''' .�: + . � .i ' ;C• ,' ., -� � 1. .! ,•,{ :I,r ), � �� . ! 1'?�iiii!` 'E- l,' �? ' •. � ,' }1 i'.r � � � 1• ! '; 7 " .' _ ' I . ,'�' 1 .. � t r.,' - ,.�'� _l.t,Fa• - ,r a •il. �' 1. -. ,, ' •r ' ,il:'. +'lfi�7 .,�' ,. 71, �,j, li' ;i, ��.-'.!� I' !!{il'i r! `icli r-'•�: ', ci)a ++ � ' fl, rl I "I r'sIif; tlr'ii i. !� 1 , i i,,, f(� .i � '}t. t ' .�-' •7� '� �: _'� f ' i. (,1' ',. I. rfJ y- r'llt� !'_ I ,i! !r! .. r , r, .+r y,tr, !,, � ,.� , I ',• I, � '!' r�i.r�' Chalam Pakala Engineering and Environmental Solutions 10017 A]Iyson Park Dr.. Charlotte, NC 28277 Tel: (704) 541-4042 Pax: (704) 541-4043 The ponds had been maintaining a 2 feet freeboard as stipulated in the permit_ Pond I however, has some areas along the berm where the freeboad is less than two feet. Kings Mountain Minerals is working diligently to re-establish this freeboard. The corrective action alternatives currently being evaluated includes dredging, raising a portion of the embankment and reclamation of a portion of Pond 1. It should be noted that Pond I shall only receive water from the Moss plant with a pH in the range of 6-9. Kings Mountain Minerals had observed murky water (instead of clear water from the tailings pond system) coming into the plant for the process operations. One of the solutions Kings Mountain Minerals had found is to adjust the pH of the incoming water from Pond 2 in order to settle solids in the closed loop system. Therefore, Kings Mountain Minerals is proposing to add sulfuric acid in Pond 3 to allow solids to settle in Pond 3 and 4 and provide clarification before the water is being reused for the process clarification and settling. The water from the Moss plant will be monitored and pH adjusted before discharging to Pond I to ensure that the pH is between 6 and 9. Based on our conversation with you, it is our understanding that Kings Mountain Minerals need not apply for any Authorization to Construct (A to C) permit for this acid addition system implementation. Please confirm our understanding either in writing or by phone in order to proceed forward with this project. If we do not hear from you in two weeks, we will assume that it would be okay for Kings Mountain Minerals to proceed with the project. Kings Mountain Minerals and CPEES sincerely appreciate your prompt approval on this request. Should you need any additional information, please call me at 704-541-4042 or Mr. Mike'ronelis at 704-734-3513. Respectfully submitted, Cl' Engineering and Environmental Solutions (A Cost Effective Solution Provider for Manufacturing) �N CARO �O66oFss519{I SEAL ' 19807 Chalam V. Pakala, P.E. ' Q Managing Principal �'�,•;NE��:����' Registered in NC # 19807 V. 9 CC: NC DENR-Mooresville Office — Div. of Water Quality I iSA 01 I q ' f I , F�''r •,Jr. r li;l � 1. • , 1..� ,_ ltr; 1,,. .r] � ,I-.r ,� r . '• , .1._: ill::".II ! ' i {I r., �r, I i 4 , � ,. - , r• ,:f 1 1 ",r.'3: fn 'c � , , j• ". `;: li'",. +/•,� r ,',• h, .s! :r'I i' I a i �t ,'jJ"f' ,' [. ,Ir r !. r,, i 'r ..ri:• �; � , I' }!/f - r, -- '1 I Al �, � fll, , I:r Fi.i ii �l ! ' i ! r k .,{J I .'21 �. "( � .J f l ( : .L'll 1• ' :, f'.. •' .r , .,I II rirl�!ri. � .' r -' •� ,4'h. ., ., J� ,:y ,t= ,r $ - I , r 1 wlaio9 Ncy0zo089 bllLA w-. F7La�?' -�-i C�-ram.. v� AiC V-et u,,(- rcoi i�L Ock5 c ✓� be.o� Vttiot'��J�.� '�J � G (O lnn�� � �l•�.g ,S I+�--. v1,0 act, I� LIO —r�? — AC7 19. The proposed trail project X will be m ged an`d maintained by applying assistance of luntOrs will be managed d maintained by volun Other: 20. The trail project will be open t he generalyublic seven days a week, durin daylight"hours during limited days and ho by invitation/appointment on X Other: Six 6 da s.a week/ even 11 months l2er year., 21. Provide information about past A/T grans received including the year grant was r awarded and very brief description of prof t: f cy's regular staff with * Recently received/501(c)(3) status\- 3/30/2007 Year: Award Amount: Very Brief Project Dcscr ption: Year: Award Amount: Very Brief Project Description: 22. Applicant response it If you wish to explain/clarify Aour response to any of the above questions, please indicate the question by number 4d explain briefly: (1.) Pearson's Falls may be the only -waterfall in the United States (or perhaps the world) wholly owned and wholly maintained by a garden cl1b; a club made up of approximately 60 dedicated, farsighted individuals who value the pristine beauty of this special wildlife preserve, its place in history and are committed to its ti reservation in perpetuity. (12.) Complete the construction of hand railing located along the path of Colt Creek on our /4 mile walk to the 90 Ft. Pearson's Falls. Through maintenance budgeting, the Club has already funded p rtial construction of the fencing for $16,600. (18.) This premier 268 cre property is a natural preserve which has been owned and maintained by the Tryon Gar en Club since 1931. The Glen trail to the 90 ft. waterfall is a botanical preserve comprise -ofspring fed streams and over 200pecies of native plants, visited by approximately 15,000 people a year. 2009-201;0�QAT Application Form - Page 3 North Beverly Eaves Perdue Governor NCR Carolina Department of Environment and Natural Resources DMsion of Water Quality Coleen H. Sullins Dee Freeman Director Secrelary September 15, 2009 Mr, Michael Tonelis Kings Mountain Minerals, Inc. PO Box 729 Kings Mountain, NC 28086 Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020089 Moss Plant Formerly Kings Mountain Mining, Inc. - Dear Mr. Tonelis: Division personnel have reviewed and approved your request to transfer coverage under the General Permit., received on July 10, 2009. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S, Environmental Protection Agency. lfyou have any questions, please contact the Stor-rnwater Permitting Unit at (919) 807-6303. Sincerely, ORIGINAL SIGNED BY KEN PICKLE Coleen H. Sullins cc: DWQ Central Files Mooresvi I Ie,Regional Office Stormwater Permitting Unit Wetlands and 5tomiwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699.1517 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 91 U07-63001 FAX: 91 H07-64941 Customer Service: 1-877-623-6748 Internet www.ncwaterquality.oig An Fqual Oppwluriily % Affnative Action Employer None rthCarolina Naturallil STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO, NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 ;TORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In cornpIiance 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, -�--- .._._.._--.-...._..... _�-__. ... -- ...-----itiii�s Iviountaiii�Miiici•ai�s-1i1c:._....-..�.-...-.:--:......_,_...-.... ....._....... ._ ... ..._...._ is hereby authorized to discharge stormwater from a facility located at Moss Plant 1469 South Battleground Avenue Kings Mountain Cleveland County to receiving waters designated as Dixon Branch, a class C stream, in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective September 15, 2009. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 15, 2009. ORIGINAL SIGNED BY KEN PICKLE Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality January 16, 2008 Mr. Mike P. Tonelis Kings Mountain Mining, Inc. 1469 South Battleground Avenue Kings Mountain, NC 28086 Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020089 Kings Mountain Mining, Inc. Formerly Kings Mountain Mining, LLC Cleveland County Dear Mr. Tone] is: Division personnel have reviewed and approved your request to transfer coverage under the General Permit, received on November 19, 2007, Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, ;t.- Coleen H. Sullins cc: DWQ Central Files Mooresville Regional Office Stormwater Permitting Unit No kliCarolina North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733.7015 Customer Service Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733.2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer -- 50% Recycled110% Post Consumer Paper i' STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, KINGS MOUNTAIN MINING, INC. is hereby authorized to discharge stormwater from a facility located at MOSS PLANT 1469 SOUTH BATTLEGROUND AVENUE KINGS MOUNTAIN CLEVELAND COUNTY to receiving waters designated as Dixon Branch, a class C stream, in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 11I, IV, V and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective January 16, 2008. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day January 16, 2008, 74' Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission A TFi9 Michael F. Easley, Governor ��� Q�✓ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality April 29, 2005 Mr. Mike Tonelis Kings Mountain Mining, LLC PO Box 729 Kings Mountain, NC 28086 Dear Mr. Tonelis: Subject: Permit No. NCG020089 Kings Mountain Mining -Moss Plant Formerly Oglebay Norton Specialty Minerals, Inc. Cleveland County Division personnel have reviewed and approved your request to change the your name under the General Permit, received on April 26, 2005. Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions, please contact the Stormwater Permitting Unit at (919) 733-5083, extension 502. Sincerely, ORIGINAL SIGNED BY BRADLEY BENNETT Alan W. Klimek P. E. cc: DWQ Central Files Mooresville Regional Office, Water Quality Section Stormwater Permitting Unit No `hCarolina 9ahrra!!y North Carolina Division of Water Quality 1617 Mail service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.state.ne.us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, KINGS MOUNTAIN MINING, LLC is hereby authorized to discharge stormwater from a facility located at KINGS MOUNTAIN MINING -MOSS PLANT 1469 S BATTLEGROUND AVENUE KINGS MOUNTAIN CLEVELAND COUNTY to receiving waters designated as Dixon Branch, a class C stream in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 29, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. ORIGINAL SIGNED BY Signed this day April 29, 2005, BRADLEY BENNETT Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission Michael F. Easley, Governor oF W A 1'�7'QG February 7, 2005 Mike Tonelis Ogelbay Norton Specialty Minerals PO Box 729 Kings Mountain, NC 28086 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimck, Y.E. Director Division or water Quality Subject: NPDES Stormwater Permit Coverage Renewal Oglebay Norton Spcty Minerals COC Number NCGO20089 Cleveland County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Aisha Lau of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.578. Sincerelv,I for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Mooresville Regional Office One No •thCarolina ,%�llirlflYlt`�f North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733.7015 Customer Service internet: h2o.enr.state.rtc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 733-9612 1-877-623-6748 An Equal OpporlunitylAffirmative Action Employer — 50% Recydedll0% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER AND PROCESS WASTEWATER 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, Ogelbay Norton Specialty Minerals is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Oglebay Norton Spcty Minerals 1469 S Battleground Ave Kings Mountain Cleveland County to receiving waters designated as Dixon Branch, a class C stream in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director July 11, 2000 Mr. David Williamson OGLEBAY NORTON SPECIALTY MINERALS, INC. P O Box 729 Kings Mountain. North Carolina 28086 Dear Mr. Williamson: 1 � o v, NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Permit Modification — Name/Ownership Change Permit NCG020089 OGELBAY NORTON SPECIALTY MINERALS (Formerly Franklin Industries Inc.) Cleveland County In accordance with your request received June 19, 2000, the Division is forwarding the subject permit modification. This modification documents the change in ownership at the subject facility. All other terms and conditions in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental . Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days fallowing receipt of this letter. This request must be a written petition conforming to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local government permit that may be required. If you have any questions concerning this permit, please contact Valery Stephens at the telephone number or address listed below. cc: Central Files Mooresville Regional Office, Water Quality Section �NI'I _ Unit_ Point Source Compliance Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-16t7 Sincerely, Derr T. Stevens 919 733-5083, extension 520 (fax) 919 733-0719 VISIT us ON THE INTERNET @ http://h2o.enr,state.nc.usl Valery,Stephens@ncmail.net DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, OGLEBAY NORTON SPECIALTY MINERALS, INC. is hereby authorized to discharge mine dewatering and stormwater from a facility located at 1469 S. Battleground Avenue Kings Mountain Cleveland County to receiving waters designated as Dixon Branch in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective July 14, 2000. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day July 14, 2000. err T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission NPDES FACILITY AND PERMIT DATA 07/11/00 14:20:09 UPDATE OPTION TRXID 5NU KEY NCG020089 PERSONAL DATA FACILITY APPLYING FOR PERMIT REGION FACILITY NAME> FRANKLIN INDUSTRIAL MINERALS COUNTY> CLEVELAND 03 ADDRESS: MAILING (REQUIRED) LOCATION (REQUIRED) STREET: PO BOX 729-1469 S BATTLEGROUND STREET: 1469 S BATTLEGROUND AVENUE CITY: FLINGS MOUNTAIN ST NC ZIP 28086 CITY: KINGS MOUNTAIN ST NC ZIP 28086 TELEPHONE 704 739 3616 DATE FEE PAID: 06/20/97 AMOUNT: 400.00 STATE CONTACT> MILLS PERSON IN CHARGE JAMES M. SPIGNER 1=PROPOSED,2=EXIST,3=CLOSED 2 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2 LAT: LONG: N=NEW,M=MODIFICATION,R=REISSUE> R DATE APP RCVD 06/20/97 WASTELOAD REQS DATE STAFF REP REDS / / WASTELOAD RCVD DATE STAFF REP RCVD 09/03/93 SCH TO ISSUE DATE TO P NOTICE / / DATE DRAFT PREPARED 08/12/93 DATE OT AG COM REQS / / DATE DENIED DATE OT AG COM RCVD / / DATE RETURNED DATE TO EPA / / DATE ISSUED 12/17/99 ASSIGN/CHANGE PERMIT DATE FROM EPA 1 / EXPIRATION DATE 11/30/04 FEE CODE ( 0 ) 1=(>10MGD),2=(>1MGD),3=(>0.lMGD),4=(<0.1MGD),5=SF,6=(GP25,64,79), 7=(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 73 CONBILL ( ) COMMENTS: FAX 704 739-7888 CERTIFICATION 09/25/97 MESSAGE: *** ENTER DATA FOR UPDATE *** -�- State of North Carolina Department of. Environment o and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman,Secretary NCDENR Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT or ENVIRONMENT ANo NATURAL RESOURCES December 17, 1999 JAMES M. SPIGNER KMG MINERAL INC. PO BOX 729-1469 S BATTLEGROUND KINGS MOUNTAIN, NC 28086 Subject, Reissue - NPDES Stormwater Permit KMG Mineral Inc. COC Number NCG020089 Cleveland County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000, the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U-S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package; * A copy of general stormwater permit NCG020000 * Five copies of the Analytical Monitoring form and five copies of the Qualitative Monitoring form * A copy of a Technical Bulletin on this permit which outlines permit components and addresses frequently asked questions * A Certificate of Coverage for your facility * DWQ fee schedule Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law rule, standard, ordinance, order, judgment, or decree. Please note that in 1998 Senate Bill 1366 established changes to the permit fee structure for DWQ permits effective January 1, 1999. This change requires that you pay an annual fee to assure continued coverage under this permit. You will be invoiced for this fee beginning next year. A copy of the current fee schedule is included with this letter. If you have any questions regarding this permit package please contact Tony Evans of the Central Office Stormwaier and General Permits Unit at (919) 733-5083, ext. 584 Sincerely, for Kerr T. Stevens Director, Division of Water Quality cc: Central Files Mooresvitle Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919.733-5083 FAX 919-733-9919 An Equal Opporlunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020089 STORMWATER AND PROCESS WASTEWATER 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, KMG MINERAL INC. is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at KMG MINERAL INC. 1469 S BATTLEGROUND AVENUE KINGS MOUNTAIN CLEVELAND COUNTY to receiving waters designated as Dixon Branch in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and Vl of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director November 21, 1999 Glen McCloskey Franklin Industrial Minerals P.O. Box 729 Kin,s Mountain, NC 28086 IT 0 0 Ad A41 NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDFS General Permit Status NCG020089 Franklin Industrial Minerals Cleveland County Dear Mr, McCloskey: This letter is to confirm our telephone conversation of October 27 related to the expiration of General Permit No. NCG020000. the renewal of that General Permit and the status of permit coverage for Franklin Industrial Minerals. As we discussed, the original NCGO20000 was issued back in 1992 and carried and expiration date of 1997, Facilities such as yours were asked to apply for renewal of their General Permit coverage under NCGO20000 in 1997. You properly filed your request for coverage under the renewed permit and paid the appropriate renewal fee. Our Division has not finalized the reissuance of NCG020000 to -date, although we are expecting to reissue the permit within the next few weeks. Upon reissuance the Division will issue copies of the renewed permit to each facility which has tiled for renewal of their coverage. In the interim, your facility remains covered by the terms and conditions of the original version of the NCG020000 permit. If volt have any questions or would like to discuss this letter, please contact me at (919) 733-5083. extension 548. Sincerely, William C, I fills, P.E. Environmental Engineer Stormwater and General Permits Unit Attachments cc: Mooresville ReLional Office Slorrnwater anti General Permits Unit Central Files 1617 Mail Service Center, Raleigh, N C 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 15, 1996 KMG Minerals Attn: Gary Hankins P.O. Box 729 Kings Mountain, NC 28086 A�V JIaA ILTT ' . 4 C)EHNR Subject: Permit No. NCG020089 Certificate of Coverage Modification and Authorization to Construct KMG Minerals Wastewater Treatment Facility Cleveland County Dear Mr. Gary Hankins: A completed non -discharge application for an Authorization to Construct was received on August 14, 1996 by the Division of Water Quality (Division). After review of the permit application the Division determined that construction and operation of the proposed wastewater treatment facility is best covered under an existing stormwater general permit, NCG020089, issued to the subject facility. To accomplish this, the enclosed certificate of coverage (COC) was modified to include recycle of the process wastewater. Please use the enclosed COC to replace your current COC which you must destroy. The final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction and operation of the proposed wastewater treatment facility under the modified stormwater COC. This Authorization to Construct is issued in accordance with Part I, Paragraph 1. of NPDES Permit No. NCG020089 issued September 17, 1996 and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NCG020089. The sludge generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Pernuttee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. The Asheville Regional Office, telephone number (704) 251-6208 shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Permit No. NCG020089 Authorization to Construct KMG Minerals November 15, 1996 Page 2 Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Pennit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Water Quality in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact ANTONIO EVANS telephone number 919f733- 5083 extension 584. Sincerely, ORGINRL SO4E D BY BRADLEY BENNETT A. Preston Howard, Jr., P.E. cc: Asheville Regional Office, Water Quality Central Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO, NCG020000 CERTIFICATE OF COVERAGE No. N(:G020089 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL P LL ANT DI-SCHARCIE ELIMIISATIQNSXSTEM 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, KMG Minerals is hereby authorized to construct and operate or continue operation of a treatment system for mine dewatering and/or recycle systems process wastewater overflow with the discharges of treated wastewater and discharge stormwater from a facility located at KMG Minerals 1469 Battleground Ave. Cleveland County to receiving waters designated as Dixon Branch, Class C in the Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,11,111 and IV of General Permit No. NCO020000 as attached. This certificate of coverage shall become effective November 15, 1996. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 15, 1996. ORIGNAL S0o BRAADLEY BENN I`f A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NCG020089 Authorization to Construct KMG Minerals November 15, 199b Page 3 Engineer's Certification 1, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, Project Name Location for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. ►0� Y�14 Pine Hall Brick MAY 13 19? G • I i1'wivru�Y a Reply To: PINE HALL BRICK Co., INC. Lindsay Bridge Road Post Office Box 836 Madison, North Carolina 27025-0836 Telephone 910-548-6007 Fax 910-548-1837 May 9, 1994 Mr. A. Preston Howard, Jr. P.E., Director State of North Carolina Dept. of Environment, Health and Natural ReLl^urccs Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Howard. Please be advised that effective June 1 Co., Inc., 2701 Shorefair Dr., Winston - all sales and manufacturing responsibil Mountains Brick Co. in Grover, N.C., Cle previous operator was KM�inera's, Inc 1 i 0111% LA MAY 12 1994 Y. Df EjV1R0NjAENikt VOW- OINFCTORS OFFICE 1994, Pine Hall Brick alem, NC will take over ties of the Kings el -and County. The in Kings Mountai mn, N.C. It is requested that tliV General Perm ""� NCG020000-Cert�icate . of Coverage No. NCG0200 to dische stormwater, whic expires on August 31, 1997, be trans r-6from_KMG-Mine ,--nc-. to7 Pirie�Ha]:.l Bricl:-Cn : ; Inc :r Sincerely, 1MV40v4111' Harold Newman Manager of Technical Services HN/sa � r}' 701 Shorefair Drive, P.O. Box 11044 Winston-Salem, NC 27116-1044 Tel. (910) 721-7500 Fax. (910) 725-3940 S. Lindsay Bridge Road, P.O. Box 836 Madison, NC 27025-0836 Pine Hall Brick 0 U.S. POSTAGE All{� 10194 0.2 Mr. A. Preston Howardi.Jr. P.!;., Director State of North Carolina':- Dept. of Environment, Health and Natural Resodrc;es Division of Environmenta'j-'Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director December 13, 1994 Herbert B. Bierman, Adm. Manager KMG Minerals, Inc. Post Office Box 729 Kings Mountain, North Carolina 28086 ID FE F=1 .a Subject: Permit No. 2565 KMG Minerals, Inc. Moss Plant Rescission of Permit Return of Name Change Request Recycle Facility Cleveland County Dear Mr. Bierman: It has been brought to the Division's attention that Permit No. 2565, issued March 25, 1981, is no longer necessary because General Permit No. NCG020089, issued September 17, 1993, has been approved to cover the subject recycle facility. Therefore, Permit No. 2565 is hereby voided effective immediately. The $100.00 name change fee submitted to the Division will be transferred to the Stormwater Group so that General Permit No. NCG020089 can be transferred to Franklin Industries Inc. If you have any questions or comments on this matter, please contact Mr. Michael D. Allen at (919) 733-5083. Sincerely, Lo , A. P r e s t VHowaldr.,P.E. cc: Mooresville Regional Office, Water Quality Section J. Michael Duncan, Franklin Industries Inc. Permit File 2565 cGeneral-PermifFile-NCG020089-- - Diane Williams Wilburn, Facilities Assessment Unit Fran McPherson, Budget Office P.O. Box 29535, Raleigh, Borth Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper M' N State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director Mr. Mr. J. Michael Duncan Franklin industries, Inc. 612 Tenth Avenue, North Nashville, Tennessee 37203 Dear Mr. Duncan; A4� NCDENR January 7, 2000 Subject: Permit Issuance General Permit No. NCG070000 & NCG020000 Cert. of Coverage NCG070145, NCG070146, & (NCG020089--, Cleveland county - In accordance with the request of your letters received on December 15, 1999, we are asking that your company and the current owners of these facilities will till out the attached Name/Ownership Change forms and submit to our office with the appropriate legal documentation. Until this information is received in our office these facilities will remain with Franklin Industries, Inc. Thank you for you cooperation in this matter. If you have any questions concerning this letter please contact me at telephone number 919/733-5083 ext. 520. Sincerely, Vanessa Wiggins 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper =-V FRANKLIN INDUSTRIES INC. December 7 9 GENERAL OFFICE 612 TENTH AVENUE, NORTH - P.O. BOX 23082 ZIP 37202 } NASHVILLE, TENNESSEE 37203 n r 1 5 1999 PHONE 615-259-4222 FAX 615-726-2693 Tony Evan$$ rE R•- ATER OiiA�ITY Water Quahity Per mt�n Department of Environment, Health and Natural Resources P.O. Box 29535 Raleigh, North Carolina 27626-0535 Re: General Permit No. NCG020000 Certificate of Coverage No. NCG020089 Dear Mr. Evans: This letter is to inform you that Franklin Industries Inc. ("Franklin") has sold the assets relating to its mica business in North Carolina to Preston Capital Corporation. It is our understanding that Preston Capital Corporation intends to assign the mica business to Oglebay Norton Company. Franklin had been operating a treatment system with the discharges of treated wastewater and discharge stormwater from its plant in Kings Mountain, Cleveland County, North Carolina, to receiving waters designated as Dixon Branch in the Broad River Basin. Franklin had been operating this treatment system pursuant to Ceriificate'of Coverage No. NCG020089, which authorized Franklin to discharge under state General- PermitNo.•NCG020000. As of 11:59 p.m Central Standard Time on November 30, 1999,-Franklin is no longer operating the treatment system at the North Carolina site. Thank you for your attention to this matter. Very truly yours, FRANKLIN INDUSTRIES INC. By: 3. ichael Duncan...... _ •e• .f_.._.',-_.. i'r..J.'*�..�. ..`., Secretary- err �.. •'i' — � '1 . � V1 .. .I 'ry 1� j: ,rJ a1 �� �. .y• ♦� - �i♦ ~-`rSiaia of North Carolina Department of Environment, (.Ir'ieagh and Natural Resources 4 • � Division of Environmental Management James B. Hunt, Jr., Governor 1 Jonathan B. Howes, Secretary D FE H N A. Preston Howard, Jr., P.E., Director September 17, 1993 Mr. Herbert B. Bierman KMG Minerals Inc. P.O. Box 729-1469 Kings Mountain, NC 28086 Subject: General Permit No. NCG020000 KMG Minerals COC NCG020089 Cleveland County Dear Mr. Bierman In accordance with your application for discharge permit received on September 3, 1993, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Environmental Management. The Division of Environmental Management may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Bill Mills at telephone number 919/733- 5083. Sincerely, Original Signed By Cvleen H. Sullins A. Preston Howard, Jr., P. E. cc: Zooresville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-50K FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO, NCG020000 -CERTIFICATE OF COVERAGE No, NCG020089 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATICEN 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, KMG Minerals, Inc. is hereby authorized to continue operation of a treatment system for mine dewatering with the discharges of treated wastewater and discharge stormwater from a facility located at KMG Minerals, Inc. Intersection of South Battleground Avenue (US Hwy 216) and Bethlehem Road (SR 2245) Kings Mountain Cleveland County to receiving waters designated as Dixon Branch and Long Branch Creck(s) in the Broad River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III and IV of General Permit No. NCG020000 as attached. This Certificate of Coverage shall become effective September 17, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 17, 1993. Original Signed By Coleen H. Sullins A. Preston Howard, Jr., F.E., Director Division of Environmental Management By Authority of the Environmental Management Commission I`� 8a2'!��--� ! � \ OI �� /, /I iry /� .'i II M'��dl,'.ah 'sst. Mid ine 224 76 IA. x A 'I wz- Ap� f, OF/ e;\ "Yilr'. !-�� ��` .. . % 1.\- _ __ � \\ .. �2� •,+.• �,.. � ,"\��!'�I / 1 nJ •.bar �Asw>"k-��. 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I .� � . � . , , : . j . ,� , � I :1 i, 'I' � !, , " rk�,,,X " ) 1, i" , i - � •, NCG02 Stormwater Permit: Mining Permit Review Permit Number: NCG020089 Reviewer: jmj Mine Name: King's Mountain Minerals Summary • Receiving Stream: • Classification: • River Basin: • County: • Notes: MODIFICATION TO EXISITING PERMIT Regional Information • Office: o ❑ARO Contact: o ❑FRO Contact: o ®MRO Contact: Samar Bou-Gazale o ❑RRO Contact: o ❑WaRO Contact: o ❑WiRO Contact: o ❑WSRO Contact: • Dates: o RO Approval requested: o Approval received: o "No wetland impact" determination, (15A NCAC 02B .023 1 (b)(5)(f) requires the Division to preserve the water levels of wetlands. We can require engineering plans to ensure that this is the case.) o Inspection: • Notes: waiting for Add info to send to RO Other Agency Information • DLR o Have a valid Mining Permit? ®yes ❑no o Is our application owner the same name as the DLR permit? (This is a requirement and a permit condition). ®yes Ono o Permit Number 23-03 o Application submitted date: o Approved date: o Was Moss-Neisler Mine. Transferred Nov, 25, 2008. DLR PERMIT needs to be issued before we can re -issue. • DEH (if WS) o Needed? Oyes ®no o Application submitted date: not WS - C o Approved date: • SheIlfish Sanitation (if SA) o Needed? ❑yes ®no o Application submitted date: o Approved date: • 401 /404 Certification / Wetlands Info o Is a 401 Required? Dyes ®no 0 401 Written Concurrence Required? Dyes ❑no o Are there offsite wetlands? Dyes ❑no Pagc 1 of 4 NCG02 Stormwater Permit: Mining Permit Review o If yes above, does a 401 require an O &M for offsite wetlands? Explain: o If 404, Application submitted & approved date: o If 401 Approved submitted & approved date: o Have you requested a USACE wetlands delineation? []yes ❑no o Notes: Wetlands are 255 feet away. HOWEVER has Application Review a) The permit application • Signed: ®yes ❑no • Is signature by correct person? ❑yes ❑no • Complete: ❑yes ❑no • SIC Code: SIC 1459 i. Describes activities: ®yes ❑no ii. Covered by permit: ®yes ❑no b) Mine Type: • Quarry: • Sand: ❑ • Clay: ❑ • Are there other activities at site (i.e, asphalt or concrete)? ❑yes ❑no • Notes: Mica mine c) Mine Size: • Pit Acreage (estimate if not known) • Screening Acreage • Concrete Acreage • Asphalt Acreage • Screening / Processing Acreage • Other Acreage • Tailings/Sediment Pond Acreage • Stockpile Acreage • Waste pile Acreage • Haul Roads • Total Acreage • Notes: d) New Coastal Rules: • Is the mine in one of the 20 Coastal Counties? Eyes Eno • Does the mine have -10,000 square feet of BUA? ®yes ❑no [If the answer is "Yes" to both of the above, please notify permittee they will need a state SW permit and notify the Wi or Wa Regional Office]. e) Buffers: • Is the mine in the Neusc, Tar -Pam, Randleman, Catawba River Basin or Jordan Lake watershed? ❑yes Nno • Are the appropriate buffers maintained away from streams and waterbodies? ❑yes Ono f) Phase lI • Is the mine in a Phase II area? ❑yes ®no Page 2 of 4 NCCO2 Stormwater Permit: Mining Permit Review • Does the permittee need a Phase I1 permit from DWQ? Dyes ❑no • State or Local? NONE • Have you sent this to the appropriate permitting authority? ❑yes ❑no ❑NA g) Wastewater: + Type - Mine dewatering: ®yes ❑no - Stamped by PE? ®yes ❑no - If clay & dewatering, ATC? Dyes ®no (required) - Process wastewater produced: ❑yes ®no - Stamped by PE? Dyes ❑no - If recycle & not closed, ATC? Dyes ❑no (required) • Wastewater and ORW Waters Requirements - New/expanding wastewater to ORW? Dyes ®no (not allowed) - New/expanding wastewater to Dyes ®no (special limits) upstream of ORW? - Notes: NA • Wastewater HWQ/PNA water requirements - What is the flow rate? NA - PNA has special limits for WW TSS. h) Dewatering: • Is the permittee impacting wetlands / require and O&M agreement? ®yes ❑no • Date request letter sent 11 /3/ 10 • Date sent to the RO • Date approved • Did the RO request an O&M before approval? Dyes ❑no i) Other: • Does this facility have other NPDES permits? ❑yes ®no • Hazardous waste activities onsite? Oyes ®no • Is there an LCID or other landfill on site? Dyes ®no • Notes: NCG02 Stormwater Permit: Mining Permit Review Counication logs Date IItem I 1 /3/ IO Spoke to Consultant Chuck Pakala — wrote him list of add information and emailed to him. He will send consultant information and other add information. I li Chuck. It was nice to speak to you on the phone today. As vve talked about today I'm sending you some requests Ibr updates. They are as follows: 1. Please send an email stating that your client (King's Mt) has one mine dewatering and one sw outfall as we discussed on the phone. 2. King's Mt has not paid its fees from 2005-2010 and is behind in payment. Kings Mt owes approximately $460 dollars. DWQ will require Kings Mt. to be up to date on fees before we can issue this permit. 3. Please provide 2 copies of the following information regarding the discharge into creeks on site: a. Photos b. Report from consultant c. Stream delineation by consultant, State of NC, and/or USAGE d. Locations & description of wells e. Monitoring strategy and protocols of wells and stream f. Flow rates to streams to ensure flow rates will not overwhelm stream (cause erosion, stream path, destroy benthic life etc). I'lease submit the above intormation by November 30. 2010. If you require more time please submit a request in writing to me before November 30, 2010. Please let me know if you have further questions or if I can he of assistance in any other way, 'thank you, Jenn i ter Jones Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 Page 4 of 4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Governor Mr. Peter Flynn Kings Mountain Minerals, Inc. P.O. Box 729 Kings Mountain, NC 28086 Dear Mr, Flynn: Coleen H. Sullins Director January 7, 2011 Subject: General Permit No. NCG020000 Kings Mountain Minerals, Inc. COC NCG020089 Cleveland County Dee Freeman Secretary The Division of Water Quality received your initial application for stormwater general permit NCG060000 on October 7, 2010_ We received your next submission on December b, 2010. Because the second submission was incomplete, in order to process your request For a general permit NCG020000 we must obtain some additional information. We spoke about our request in depth on the phone on January 6, 2011. DWQ has revised our request slightly to have a more targeted monitoring approach; however DWQ feels that this request is not more burdensome to the permittee than what we spoke about on the phone. Please provide the following information-, 1. A Description of Well Construction: installation, diameter, depth, design, screen intervals, construction records, maintenance plan and other relevant information, 2. Cross -Sectional Measurements and Visual Inspection of Stream. Cross -sectional dimensions and measurements are required in order to provide hydrological information as mine 'dewatering and site modification occur. Please submit a plan to provide the following: a. On Stream "A", at points 1, 2 and 3 as shown on the submitted "Jurisdictional waters and Groundwater Contour Map", and at a 41h point of the permittee's choosing, visually inspect, measure, dimension and photograph a cross -sectional profile of the stream. Provide the depth at bottom and sides, as well as a drawn cross -sectional profile at each of these 4 points. b. The above -described cross -sections and measurements/dimensions/inspections shall be repeatedly provided to DWQ on the following schedule (at minimum): Wellands and Slormwater Branch Ove 1617 Mail Service Center, Raleigh, Norih Carolina 27099-1617 Nortli Carol i iia Location: 512 N. Salisbury St, Ralegh, North Carolina 27604 Phone: 919-807-63001 FAX: 9IM07-64941 Customer Service: 1-877-623-6748 VA7atlll-ally Internet: www.ncwalerquality.org :/ im. rCLer rtynn Kings Mountain Materials, Inc. Permit Revision — NCG020089 •� January 7, 2011 i. Initially after the permit is issued (within 60 days from receipt of the permit) ii. Yearly until dewatering occurs. iii. After dewatering is initiated: 1. For the First year after dewatering is initiated: on a quarterl basis. 2. For the Second and Third years after dewatering is initiated: on a yearl basis. 3. Thereafter as the DWQ.Mooresville Regional Office Staff direct. 4. The permittee may request a modification of this schedule after the first year after dewatering takes place. Modification requests shall be directed to the DWQ Mooresville Regional Office Staff in writing. 3. Well Monitoring Protocol. DWQ requests further information about your well monitoring protocol. Please provide the following information: a. DWQ requires that you monitor the existing wells nearest Stream "A" -- labeled "201OH1073M° and "20101-11072M" shown on the submitted "Jurisdictional waters and Groundwater Contour Map". These two wells shall be monitored monthly, at minimum, and an annual data monitoring report shall be constructed and kept on site. b. Additionally, DWQ requests the permittee construct one well is near Stream "A" outside the buffer area and approximately 30 feet below the discharge from the pond. This well should be shallow and should intersect the groundwater table. It should have at least a 10 foot screen interval. As the permittee will need to establish a base line before the initiation of the mining operation and of dewatering, provide a monitoring protocol to this end. After dewatering commences, monitoring of this well shall occur at least on a monthly basis. Provide a detailed site plan Staff as to the exact location of this well to the DWQ Mooresville Regional Office within 60 days of receipt of the permit. c. Provide an explanation of how monitoring data will be analyzed to determine whether the groundwater hydrology is removed or being maintained. If monitoring results indicate impacts to any surface water, explain how these impacts may be abated. Explain how data will be analyzed to determine or demonstrate the effects of pumping and dewatering, and propose pumping regimes necessary to reduce impacts if necessary. More extensive pumping test data should be included if necessary. This strategy will be reviewed and maybe modified by DWQ Regional Office Staff. This shall be provided within 3 months of receipt of the permit. Mr. reter i'iynn Kings Mountain Materiels, Inc. Permit Revision -- NCG020089 Jailmary 7, 2011 4. Provide assurance that the above data shall be kept on site and provided during mining operation inspections. Please send the above requested information by February 8, 2011. If you cannot return the requested information by February 8, 2011, write to us requesting additional time. If the above information is not received by that date, or you do not respond in writing before that date, your application will be returned as incomplete. If you have any questions concerning this permit, please contact me at telephone number (919) 807-6379 or jennifer.jones rtjicdenr.gov. Sincerely, S Jennifer )ones cc: Mooresville Regional Office, Samar 6ou-Ghazale Chalam Pakala, Charm Pakala Engineering & Environmental Solutions, via email Paul Manning, IME:RYS, via email Central Files Stormwater Permitting Unit Files ('''i'vtG� -4 CA/D -- -_ AAk( e' ---N7 —Z4totct fIJ sr •. � •1 � �'\� ' r Y � 1 S �. e. .' � Y � r � s , � ` - � . i � a ✓ � - r P4,t,�x� -r� v- �qs 3sY� A�- 4� /"4 c way ey dam' W"s 1 r n�f teat, VV v� (It CA Jones, Jennifer From: Jones, Jennifer Sent: Wednesday, November 03, 2010 4:31 PM To: cvpakala@carolina.rr.com Cc, Bou-ghazale, Samar; Jones, Jennifer Subject: NCG020089 Modification Hi Chuck, It was nice to speak to you on the phone today. As we talked about today I'm sending you some requests for updates. They are as follows: 1. Please send an email stating that your client (King's Mt) has one mine dewatering and one sw outfall as we discussed on the phone. 2. King's Mt has not paid its fees from 2005-2010 and is behind in payment. Kings Mt owes approximately $460 dollars. DWQ will require Kings Mt. to be up to date on fees before we can issue this permit. 3. Please provide 2 copies of the following information regarding the discharge into creeks on site: a. Photos ' b. Report from consultant c. Stream delineation by consultant, State of NC, and/or USACE d. Locations & description of wells e. Monitoring strategy and protocols of wells and stream f. Flow rates to streams to ensure flow rates will not overwhelm stream (cause erosion, stream path, destroy benthic life etc). Please submit the above information by November 30, 2010. If you require more time please submit a request in writing to me before November 30, 2010. Please let me know if you have further questions or if I can be of assistance in any other way. Thank you, Jennifer ]ones Jennifer Jones Environmental Engineer NCDENR I DWQ E Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, INC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6379 Fax: (919) 807-6494 Email: jennifer.,iones ncdenr.gov Website: http:/4portal.ncdenr_or, /web/wg/ws/su tic ¢ o_v-o 0 ­47 �9� OL **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.''* -t, 23- a ,� V 20-x5 W-agz W&/f-w, P} Allb s _.- ` � l .. .. ,. � V..S �._ � ... � 1 J }1 r ' � V r, . � � � I .. r\ l�. _ .t �. � �. � � !." t t� K.� � `� A ' - i � � . � l I 1.. � � I � ' v � u. ". � ' � .J. _ � .. � .� I i _ �.. i � a 1 � \ �� u •. 1 � � � �:.i ' .., 1 •� 1.. � .. 1 '\�, .._ - { 4� (�TQIT Ypw - -ter -77,rvrd oa.) P4, , 1p! :l� ��►w w per - v.� -A Qb ,v on mn - err-n r1ry' �+►'YI 4-A! A-IM) eW-�'"�(/� rb-- Qt6w��Zzi ,�- -," C,m-9-rAv _ -Y ytg-,/�" w "� .' J--' - d `�"'^"�`�""° c� ^�'�`��'"" � off►-,r.�w,v, �;�+'! .-4)/y -4 - �,Vy w }IV% , �yv r ' � � � *� 'fit •'� - V ' r ' s r � 17 ti 1 I Y 1 r . 5 k4AAk VV� 4X-04q t 5 5y " ?V z1Lz[z (co-Vt ), Kings Mountain Minerals, Inc. H-1 Site Kings Mountain, NC NPDES Permit NCG020000 COCNCGO20089 NPDES Permit Meeting with The State Agenda 1. Brief Description about the site and the activities - Paul 2. Jurisdictional waters & drawing - Chuck 3. Pictures of the stream, water level and the profile - Paul 4. Show Groundwater Monitoring Wells - Chuck 5. Show Sediment Basin Drawings - Chuck 6. Presence of water in the pond - Show pictures of Archdale - Paul 7. Conclusion - Chuck 8. Final wrap-up - Paul Atv� V'IL W14A I uvtw- anyv iA/t.f rv- 6)CF?41sinlNtA,^i �(� c6 xy- �_W74A� � \Aj -�I�w vv����t-e�4 5�y e,?,,. �kT 4� � lJ(, [ o Cw e,k Ins 5 -) - A W v 5e_ . bzs f w i ll a t S t1kA WY Ov(s'�Vyrvk wz�- �� Y-opz'v- Om � � f � �..e. �., .z � zL vj*t� z[ w , 1�,�i s-�� ;4n s-w e'y- t\40 ' 1 Y exl" (C.244 5.<_ "0 5,( f7rvi ►� � . 6e, J O_L,L o. -(v-Fru�-L-- WW d,, &tvjfovv wA It < E '-P P.0 IN POSED F NC NFlUER EPIDT:�EFZS. -V;- 7 3 5 UNEXCAVATED BUFFER '25, MEXCAVATED BUFFER E �%201 HI (167M ROPOSED NON-POTA13LE WATER WELL ­E 6 lb SiL LiEr E,,. UNEACAVATED BUFFE ­FSLEP 51<07HER:3. WC A -5' R-157.73' Q-2010111072M 25' UNEXCAVATED E3UrrC Im w M: �sr 5:�451 711 ;V.Ol OH 068M I28-124')r- ;12 lbj PROPOSED FE E LINE 25 UNEXCA IATED -5, LINEXCAVATEO'N.". BUFFER e T- a ] ,? . , _ mlowo Li -So- YQ? E-5 �p j9 SEE INSERT A- Tiu L A P r FOR DETAI �y /� �' f 1^ - I �. _,_ _ - - - - - - - - - - - 2CIDhl m NP2010 .PROPOSED FENCE LINE UrlEXCAVATTD VtJFF L LIN PRGPOSEO FIE 25' UNEXCAVATED BUFFER) �' W ' � fs./ / '/�_ i n 2 UNEYCAVATEO BUFFEF,' J I Z 7�. � /P'I D_ .rXCA 4D V PROPOSED FENCE LINE- - - .201OH1074M ' 3 61. HIJEEP '07F i4 wr, F. !HIWT rF itri� 15 A�RES 14 �,F. �.. N 4", -, /, , 1. . 1 1 t 1 Irr F, t: rLT " L _Ei. RIC LINE N� —TA., M -!�L� w—K. 1� E,,J-,T,'�� FEN---l: LINE TRF'A'�;. PER UNIMPLPTANT CORPS OF _R UNEXCAVATED BUFFER - - - - - - "r, jL.L4I,'FFLP LINE E-MAIL DATED .5' -L" ­F I I C m F- 0 ',T' C, F F F F %1 X luR'.-TS F P fFF. AZ P a I. �O,E _L T� EF. E F - - )VX. !--IS WAI­ WAS N�lj IIILAGIHDAII(44 —905 L "iJP f[F C-'�rl i-- , LIVIL t KM PARK, ILL:� VJER STATION DAY 0P­ --- — ---- — ---- 1547- !-,5 E N WATIER. ST?�Tl-,-!N, ',VT tA F�[-__ A AlAb HAINK FLEVAH,_ SITL -2i =I UPISDIC W­.TEF-'�< V,�D GF-'-_-'oLjl,TlVATFR Crr,]T,_.�UR I AP J M IMEFIS �-LPF01��L� -1,CIF ­�i o.7 -,"cl M'j-ih PAIr: By. __�,�Fxfm D,: rvp Klrlr� KC�JJI C-FFLAND -,')�JMTY. c H A . LAM P;,!',ALA ENGINEEFINC tND 1cw:S-11, ir.0. 1, •Felt la. 43C -------- 201 - Lor I d ., -3 -1 _14VIPONMENTAL '50LUTIOW3 1 ­;da t7m February 7, 2011 Ms. Jennifer Jones Environmental Engineer Stormwater Permitting Unit Division of Water Quality (DWQ) Department of Environment and Nlatural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 (via email and hard copy) Subject: Response to letter of January 7, 2011, General Stormwater Permit No. NCG020000 COC NCG020089 Kings Mountain Minerals Inc. — IMERYS 1469 S. Battleground Ave. Kings Mountain, Cleveland County, North Carolina Site Name: Moss-Neisler Site Mining Permit# 23-03 Dear Ms. Jones: In response to the above referenced letter related to a revised targeted monitoring approach, and the on site meeting of 31 January 2011 with Samar Bou-Ghazalc and Andrew Pitner of the NCDENR, Kings Mountain Minerals, Inc. (KMM), would like to submit the following responses to your comments: 1. A Description of Well Construction: installation, diameter, depth, design, screen intervals, construction records, maintenance plan and other relevant information. K_MM will provide a document entitled "Monitoring Well Installation Field Activity Summary• Report" which includes the well designations, well depths. well diameters, screen lengths, depth of water, location map, lithologic logs and graphic completion logs. As part of its well maintenance program, KMM will maintain the wells to assure depth to groundwater is accessible and measurable during the operation of the Hl mine area. The wells are capped and locked, and no pumps are installed in any of the wells... KMM will also ensure visual signs are present to prevent damage to the wells. 2. Cross -Sectional Measurements and Visual Inspection of Stream: Cross -sectional dimensions and measurements are required in order to provide hydrological information as mine de -watering and site modification occur. Please submit a plan to provide the following: w 1 a. On Stream "A'-',- at points 1, 2 and 3 as shown on the submitted "Jurisdictional waters and Groundwater Contour Map", and at a 4tn point of the permittee's choosing, visually inspect, measure, distension and photograph a cross sectional profile of the stream. Provide the depth at bottom and sides, as well as a drawn cross sectional profile at each of these 4 points. b. The above -described cross -sections and measurements/dimensions/inspections shall be repeatably provided to DWQ on the following schedule (at minimum): i. Initially after the permit is issued (within 60 days from receipt of the permit) ii. Yearly until de -watering occurs, iii. After de -watering is initiated: 1. For the First year after de -watering is initiated: on a quarterly basis. 2. For the Second and Third years after de -watering is initiated: on a yearly basis. 3. Thereafter as the DWQ Mooresville Regional Office Staff direct. 4. The permittee may request a modification of this schedule after the first year after de -watering takes place. Modification requests shall be directed to the DWQ Mooresville Regional Office Staff in writing. It is the opinion of KMM and its consultants that any waters present and_I wing _within Stream "A" are solely related to stormwater impacting the 51-acre _basin on the prolerty that drains into this -Stream. ow, when evident, is typically associated with significant storm events. It is also our opinion that this intennittent, unimportant Stream is not fed by groundwater. This feature is badly eroded due to the historic agricultural activities at the y property and may be a machine-creats c ditch by a p vie ious ow�ler, similar to the other drainage features on the property. The entire length (original flags 1-15) is typically dry during site inspections, even the day after rain events. and is packed with a bed of dead leaves indicating rare water flow. - Storm flows from the 25-year storm event for this drainage area will generate 191 cfs of flow in the Stream at the property boundary. Outflow from the planned Sediment Basin f (SB-1) will only generate 0.59_6fs'of flow through the -skimmer under. normal opdfAtinc conditions and up tow3 :43 cfs during, a 1�0-year orm event and overflow into the 'riser. Once sedirncnt and erasion control measures are in place; the ffi jority of all stormwater that now flows into the Stream, will be diverted and managed by S13-1. The dramatic decrease in storm flow surge will greatly reduce / eliminate the erosive forces that are currently eroding the banks of the Stream during storm events. Flow from the SB-I outlet will flow across a riprap outlet dissipater and through a 50' vegetated buffer, which will diffuse the flow even more. The flow will enter the stream near flag 2, which is located 307 upstream of the property line at flag 1. Velocity calculations, referenced below, demonstrate that flow from SB-1 will not exceed the sell -scouring velocity and will not generate erosive now. Cross sections alone the -stream are,unnecessary to determine stream bank stability given the reduced-volumpws.aLstarm ow- expected after construction of SB-1, t c intermittent raintall generated now wiiliiT�il" stream, the referenced velocity calculations and the existing badly eroded gully conditions that have been created by historic land uses. There are two existing, around water monitoring wells on either side of this stream (2010141073M and 2010H1072M). Groundwater at well 2010H1073M is 22 feet below the ground surface (884.84') and the well is within 180' of the stream. Groundwater is 25 feet below the:ground surface at well. 2010H1072M f876.27') which is 350' from the stream. The stream bed elevation of over half of the length (flags "L:IA) of the stream is at or below the groundwater level elevation (884.84'} within wel1201'01-11073 M. The elevation of the strearnbed.from flags 1 through 10 increases gradually from 880.26" at flat; 1 to 884.80' at flerrag 10. The groundwater elevation at the stream is actually_ ee er than the adjacent wells but e does not co u t earn ow. The stream bed is dry even though groundwater is above the strearn bed elevation for ­more than half it's length in the nearby ""ell, indicating that groundwater is not flowing underground to seep throub_h_ the banks of the gullied stream and does not contribute to stream flow. 1. KMM has corrected and is attaching for replacement in the. application, -Drawing 4 "Jurisdictional Waters and Groundwater Control Map". This revised.map accurately d; picts the groundwater surface based on the depth -to groundwater-measured_iri themonitoring wells. 2. KMM is enclosing a report entitled "Velocity Calculations for the Stormwater Discharge from the Erosion and Sediment Control fond (SB-1) and Determining the Impact of Pond DischargeVelocity on the Jurisdictional Waters at HI Site". This analysis demonstrates that even at 10-year storm event -flows. through both the skimmer and,rise _in,S,B- , that the flow off the rip rap apron and into the clJel.near-the-ffoopgrty boundary would not exceed self scouring velocity. f6e re -direction of storm flow. om the Stream into SB-�l ill:duce the occasional erosional impact of significant storm events and m derate the flow into the tream near the property oun ary well-belIL) Ilow levels that wwoktld initiate erosion_ KMM and its consultants 4gree. that. there is n___o eev cnc_ e that (low d��a 0:0_yea event from SB-1 would increase the potentiaLfor e.rosion_in_the.Strean} and the c is overwhelming evidence that the design of the site stormwater diversion systcm.and.SB-1 will be responsible fob moderati storm event impact of storevent flow and significantly reduce the potentta oTf r erosion in the Stream' m KMM will establish a baseline locat�_l�zwee Cream stations 1 and ?, and document the channel at this loon between the ouffall of S11-1 and the property_ boundary with control staffs-wid photo;raphic ima.ges.. field monitoring and documentation will occur on an annual basis. 3. Well Monitoring Protocol. DWQ requests further information about your well monitoring protocol. Please provide the following: a. DWQ requires that you monitor the existing wells nearest Stream "A" — labeled 112010H1073M" and "2010H1072M" shown on the submitted' ,lurisdictional waters and Groundwater Contour Map". These two wells shall be monitored monthly, at minimum, and an annual data monitoring report shall be constructed and kept on site. b. Additionally, DWQ requests the permittee contruct one well near Stream "A" outside the buffer area and approximately 30 feet below the discharge from the pond. This well should be shallow and should intersect the groundwater table. It should have at least a 10- foot screen interval. As the permittee will need to establish a base line before the initiation of the mining operation and of de -watering, provide a monitoring protocol to this end. After de -watering commences, monitoring of this well shall occur at least on a monthly basis. Provide a detailed site plan Staff' as to the exact location of this well to the.DWQ Mooresville Regional Office within 60 days of the receipt of the permit. w c. Provide an explanation of how monitoring data will be analyzed to determine the groundwater hydrology is removed or being maintained. If monitoring results indicate impacts to any surface Water, explain how these impacts may he abated. Explain how data will be analyzed to determine or demonstrate the effects of pumping and dewatering, and propose pumping regimes necessary to reduce impacts if necessary. More extensive pumping test data should be included if necessary. This strateg will be reviewed and may be modified by DWQ Regional Office Staff. This shall be provided within 3 months of receipt of the permit. t'v_ „ KMM and its consultants agree that there is no evidence to indicate that there is contribution from groundwater to surface water flow within the Stream. Strum flow4s-soley-related-to storm ter_evetti. The grotind�ratcr monitoring wells on the property were installed to determine groundwater levels across.the property for mine.planning purposes and to determine otential groundwater im act at the property boundaries. Pumping of mint water will likely produce hydrologic responses durin 7 the development of the mine. which is t i a for most mining operations. Mining on this site will be con ucte on a campaign basis several timeser year and wil l not advance more the 10-20 feet vertically on an annual basis. Asa result of this mining campaign strategy, significant or rapid 'chanjes to groundwater levels are not expected. Based upon conversations and input from the COE and our consultants, KMM is re- evaluating the Stream- "A" characterization defined in the report entitled, "Wetland and Strearri Delineation for 1.1-1 Site, Kings Mountain Site (90 acres), by Soil & Environmental Consultants dated July 23, 2010. KMM does not riow believe that this repqrt accurately characterizes the Stream based on additional outside in ut. KMM is worming with their consultants, the Army Corp o nginccrs and the State DWQ to re -assess and reclassify the Stream from an intermittent / perennial stream from stations 1-1 5 to a classification of an intermittent stream from stations 1-12. KMM has confirmed through preliminary analysis with the COE and the DWQ, that jurisdiction does not extend upstream beyond station 12. This work is ongoing and documentation will be provided when the work is complete. KMM does not believe that this work is critical for this response nor the current permit application as additional monitoring well data will document the conditions and the Stream area is not planned for disturbance at this time. Currently there are eight (8) monitoring wells on the proposed mine site identified as 201 OH 1067M, 2010H i 068M, 20101-11069M, 20101-11070M, 20101­1 1071M. 201 OH 1072M, 2010H 1073M and 20101-11074M. The monitoring wells were installed to monitor the groundwater hydrologic response to the proposed mine dewaiering activities within the property boundaries. Initial monitoring well measurements demonstrated that groundwater table ranges from approximately 38 to 21 feet below ground surface with the deeper depths to groundwater appearing at the higher surface elevations. KMM and its consultants do not believe that additional wells are necessary to monitor impact to groundwater within the limits of the mine property based on the ranges and contouring produced in the initial sampling. As the proposed mining plan has the end excavation at<1l0 f gLb_cclow git is anticipated that there will be some groundwater hydrologic response. which is typical of any mining operation requiring dewatering. Monitoring the two existing wells reviously described on a monthly basis and adding a third «roll witTiin . ' of the stream bank are not nccessar�to determine if mine dewatering is affecting flow within the surface water regime, because_ groundwater is not contributing to sur ace flog As previously presented, the intermittent Qw-in, the Stream is generated -from sto:ents. KMM does not believe that t care will be a de -watering impact on the surf -ace water related to groundwater elevation changes. Flow within the stream will continue —to --be intermittent in nature and will continue to be a function of storm events as it is currently. O In response to discussions on site with DWQ staff; KMM will agree to add an additional monitoring well outside the Stream '.-A" buffer zone, between the 'B-1 discharge and the property botiiidary'as-uggcsted-by 11�r-i5itner of the NCDENR. KMM agrees that this is a Demonstration Well for research purposes to understand the interaction of SB-I waters' and groundwater near Station 1. No regulatory standards will be placed on this well, but two baseline measurements will be completed prior to d_ e-watering into SB-I. After de - watering starts, groundwater depth measure ents wil e c lleeted from this additional well as part of the ongoing monitoring well program at the newly proposed 1.11 mine.' tfr% o KMM will monit�ea ol' its monitorirr~ wells on a semi-annual - for depth to ? groundwater measurement targetingl a wet season and dry seas�onitorin event. O KMM will analyze and contour the results of each round of groundwater monitoring and keep that information along with the monitoring data at the main office located at 1469 S. Battleground Avenue; Kings Mountain for mining operations inspections. 4. Provide assurance that the above data shall be kept on site and provided during mining operation inspections. G KMM will collect and maintain data generated as part of monitoring at the main office located at 1469 S. Battleground Avenue, Kings Mountain and it will be available for mining operations inspections. Please contact Peter Flynn, site manager, or Paul Manning, Senior Geologist, Kings Mountain Minerals — IMERYS, via email, for immediate response to any questions or comments on this letter. Their contact information is given below. cc: Mooresville Regional Office, Samar Bou-Ghazale, via email Paul Manning, Imerys, via email Dawn Whaley, Imerys, via email Rouer Dancause, Imerys, via email Mr. Peter Flynn Site Manager Office: (704) 734-3605 Cell: (704) 300-3863 Email: peter. tlynn0caldervs.com Mr. Paul Manning Senior Geologist Tel: (770) 645-3544 Cell: (678) 773-2064 Fax: (770) 645-3384 Email: paul.manningna7imeMs.com David Crouse Senior Manager. Mining and Geology Imerys Performance Minerals 100 Mansell Court least, #300 Roswell, GA 30076 Davidcrouse rnr.imervs-cam Chalam Pakala Engineering and Environmental Solutions 10017 Ally -son Park Dr., Cliarlotte, NC 28277 Tel (7(g) 511-4042 / Fax, (704) 541-4043 January 25, 2011 Mr. Paul Manning/ Mr. David Crouse Corporate Senior Geologist Kings Mountain Minerals Inc. —1MERYS Mining Permit No.23-03 Post Office Box 729 Kings Mountain, NC 28086 Subject: Velocity Calculations for the Stormwater Discharge from the Erosion and Sediment Control Pond (SB-1) and Determining the Impact of Pond Discharge Velocity on the Jurisdictional Waters at H 1 Site Kings Mountain Minerals —1 MERYS 1469 S. Battleground Ave. Kings Mountain, Cleveland County, North Carolina Site Name: Moss-Neisler Site Permit# 23-03 Dear Mr. Manning: On behalf of Kings Mountain Minerals, Inc. (KMM), CP Engineering and Environmental Solutions (CPEES) is submitting a response to the comment from Ms. Jenifer Jones of NC DENR- Division of Water Quality - "Flow rates to streams to ensure flow rates will not overwhelm stream (cause erosion, stream path, destroy benthic life etc" listed in her email dated November 03, 2010. We are also responding to her request for a plan for "Cross -Sectional Measurements and Visual Inspection of Stream" in her letter to Peter Flynn dated January 7, 2011. / �x1 This study addre ens these concerns and presents results which show that the velocity calculated in the�urisdictio21 water channel for_the_ Mtn water ischarge from the Erosion and SedimmenfControl Pond (SB-1) for both 10 and 25yr storm events was below the self scourin elocit 5 feet er second - hed.ui_th_ DENR Erosion and. Sediment Control Plan n' r Design Manual Table 8.05a (Attachment C, C-1). Therafore, we conclude that.the stormwater discharge from fhe SB-1 would not impact/overwhelm (cause erosion, -change in stream path, destroy benthic life) the "7 jurisdictional water channel at the H 1 site. As a result of this, we submit that the "cross -sectional measurements and visual 17pspection of str am" requirements would therefore not be necessary since we have shown that the stream would not be impacted negatively by the discharge from SB-I . 6LAU, tc� la`'lsV6V 4. Fee To prove that there will not be any erosion in the jurisdictional water channel, QLEES_has�er%rmed_ velocit calculations in the channel for the I Oyr and 25yr stormwater discharges from the pond and compared these calculated velocities to the self scouring velocities (The velocity of water which -is necessary to dislodge stranded solids from the stream 6ed), 5 fis published in the NC DENR Erosion and Sediment Contr�.l_P-larining-Desi Manual Table 8.t�5a (Attachment C, C-1). This self scouring velocity figure is useful for steam bed gradien s up o 109/o. The stream gradients measured in this study were 4.5% in the jurisdictional water channel. and 8.69% in the small feeder channel located just below the rock apron (Attachment A, A-19 & A-23). �J^ The purpose of this comparison is to determine if there would be any erosion in the channel from the pond discharges. Please note, if the calculated velocity in the channel is more than the self scouring velocity, the channel would experience erosion and if the calculated velocity in the channel is less than the self scouring velocity, then the -channel will have no impact from the proposed pond discharges. Self scouring velocity in a channel is defined_ thaw, e velQci}-of waeUhaL1y29Ld dislod e soil particles in the channel (bottoms and sides) and wo ension as long as the velocity in the channel maintains or exceeds t e self scouring velocity value The following sections will explain the background information on the jurisdictional water channel, the velocity calculations for the pond discharge going into the channel and our conclusions. Stormwater and the Jurisdictional Water Channel Background at HI Site Based on our observatio s at the site it mr.4tat ,,,e,� ormwater from the major ortion of the H 1 site flows to the on-site��ni��`Eechar�cl during the storm event Therefore, we believe that the channel (stream/waterway) must have experienced a 2-yr, 5-yr, 10-yr and possibly a 25- or even a 50-yr storm event in the past 50 to 100 .years and thus, may have shaped the waterway based on the respective past flow conditions. During the mining activities, KMM will eventually direct the majority of their stormwater flow into the mining pit area and thus, control the flow going into the SB-1. Therefore, we estimate that the water released from - ould blower than what the stream would have already experienced in the In addition, based on the photos submitted to the State in our earlier letter dated December 1, 2010, it is very clear from the pictures that the channel and the -area around the channel were observed to have well grown trees, grass and small bushes and thus, expected to reduce he velocit ischar re oing r� into the channel and -the subsequent flow in the channel. These trees, bushes and foliage growth will retard the flow vclocity and thus, reduce the erosion in the channel. Based on our drawings (Comprehensive. Site Map and Buffer Map) provided to the -State in our permit modification package, 50 'foot undisturbed buffer was i ed on all sides of th . 11; ictional water c annel as sti ulated in the — permit modification pac a Therefore, no ground cleann M die r ance in the 50 foot buffer is planned at this time or the length of the mining activity. Thus, the trees, bushes, and the foliage will remain "as is' on the ground and would help reduce the velocity offlow going into the channel from the SB-1 pond. Velocitv Calculations for Stormwater Pond(SR-0 Dischar a into the Jurisdictional Water Based on the NC DENR — Division of Land Quality Regulations, the sediment pond (SB-1) was designed to manage the 10yr storm event. The discharge from the pond would be released via a skimmer and a raiser from the pond (refer to Erosion and Sediment Control Plans submitted to the State in the mining permit modification -package for details). An emergency spillway was designed to allow stormwater discharge from the25yr storm event should it occur (refer to Erosion and Sediment. Control Plans submitted to the State in the mining permit modification package for details). -f to �-� ++� Stamm = p3 $ 3 . q (f WY5_ Based on til drainage area and the pond routing calculations'for 10 yr-24 hr storm event (Attachment A, A-4), the peak Clow, 3.48 cubic feet_�er second s ; Ua at ours (Attachment A, A-2, A-] 3). T e pea c owwas used in the velocity calculations presented in this_ report. In addition, CPEES has also evaluated the impact of stormwater discharge frofn the pond for the 25yr storm event (Attachment A, A-14) on the channol erosion. The recently surveyed map (Jurisdictional Waters Map submitted to the State) was used to obtain the cross sections and the -depth of the channel at variou's locations in the channel. Of the peak flow f'r the 10 r sto t,_the. pond,releases a2proximately 0.6 cfs via the skimmer and 2.88 cfs via the r' dr (Attachment A, A-2, A-13). Two cross sections evaluated for the velocity calculations in this study are (Attachment A, A-16, A- 18, A-22): 1 _ Immediately after the pond i e outlet aeon (Attachment A, A-22) 2. In the jurisdictjona water channel at the property boundary (Attachment A, A-18) CPEES believes that these selected two areas would represent a typical condition for any erosion to occur in the channel for the pond discharges. In addition, the flow conditions evaluated for each cross section are: 1. The flow Imm the skimmer— a normal day today mine water pumping operation; 0.6 cfs (Attachment A, A-2, A-13) Ski 2. The combined flow from the skimm r and_thc riser for the adA4P 25yr stormsevents (Attachment A, A-2, A- ] 3 and A-14). � s,,r �• �,Q,,,,�.�,rr�� r iI$�I , p��j' i•+� Zs+�y • Based on the velocity calculations for each situation, the cal ulated velocity (Attachmen thro =h A-21 and A23 through A,25) in the selected channel was found w the sel ran veloci fps, (NC DENR Erosion and Sediment Control Planning Design Manual Table 8.05a, Attachment C, C-I) for all the cases evaluated in this study. Therefore, in our opinion, the discharge from SB-I will not overwhelm the channel in terms of erosion in the channel and loss of benthic life. The calculations and the necessary supporting documentation are attached with this letter report. The following table presents the velocity values for all the scenarios studied in this_report. 3 �✓T-1 J"�14, Table showing the velocity calculations results Storm Event Channel Discharge Discharge Calculated Less Than Impact on the Description Description (efs) V�ty the Self Stream for (feet/second, Scouring erosion/stream fps) Velocity path/benthic (5.0 fps) Mine water Discharge Skimmer 0.6 1.83 Yes No impact on pumping from the flow the stream (Attachment A, apron of the A-23) pond pipe to the stream 10 yr Skimmer 3.43 2.91 Yes No impact on (Attachment A, and the riser the stream A-24) flow 25 yr Skimmer 11.89 3.99 Yes No impact on (Attachment A, and the riser the stream A-25) flow Storm Event Channel Discharge Discharge Calculated Less Than Impact on the Description Description (efs) Velocity- the Self Stream for (feet/second, Scouring erosion/stream fps) Velocity palhlbenthic (5.0 fps) Mine water Discharge of Skimmer 0.6 1.41 Yes No impact on pumping flow in the flow the stream (Attachment A, main A-19 a channel at the property 10 yr Skimmer 3.43 2.37 Yes No impact on (Attachment A, boundary and the riser the stream -A-20) flow 25 yr Skimmer 11.89 3.32 -- Yes No impact on (Attachment A, and the riser the stream A-21 flow Conelnsions Based on the velocity calculations in the channel for the 1 Oyr and the 25yr stormwater discharges from the pond, it is evident from the study that the velocities in the channels were below the self scouring velocity and therefore, we believe that the pond dischar e will have NO impact on the jurisdictional water channel in terms of stream erosion and loss of benthie life. Therefore, CPEES and KMM respectfully request the State to rescind the stream channel cross-section monitoring requirement in the permi approxil process 0 Please contact Mr. Paul Manning, Senior Geologist, Kings Mountain Minerals -- iMERY a, via email, for immediate response to any questions or comments on this velocity calculations letter report. His contact address and email are given below. Mr. Paul Manning Senior Geologist Tel: (770) 645-3544 Cell: (678) 773-2064 Fax: (770) 645-3384 Email: paul.manningnimerys.com CPEES and KMM appreciate your cooperation on the progress of this project. If you have any questions, please do not hesitate to contact me at (704) 541-4042 Respectfully submitted, CP Engineering and Environmental Solutions (A Cost Effective Sohition Provider for !Manufacturing) Chalam ("Chuck") V. Pakala, PE. Managing Principal 5 A TTA CHMENT A Additional Erosion and Sediment Control Calculations include (Velocity Calculations for the SB=1 Discharge For 10yr and 25yr Storm Events) ADDITIONAL EROSION & SEDIMENT CONTROL CALCULATIONS WN KINGS MOUNTAIN MINERALS, INC HI SITE KINGS MOUNTAIN, NORTH CAROLINA January 19, 2011 PREPARED BY: �.WSP• SELLS. License No. F-0891 128 Overhill Drive, Suite 105 Mooresville, NC 28117 Phone: (704) 662-0100 Fax: (704) 662-0101 � ■ 4 1!!!!I!! Iislss���l i �� SUMMARY The runoff from the 10 year storm event, 168.99 cfs (base on the rational method with a time of concentration of 5 minutes) and 0.0619 cfs (40,000 gpd from pump) for a total of 169.05 cfs was routed through the sediment basin using HydroCAD. An equivalent 10- year 24 hour storm was used with a runoff of 170.44 cfs. The routing shows that a peak flow of 3.48 cfs occurs at 17.96 hours. This flow (3.48 cfs) was used in determining the velocity in the downstream channel. Precipitation Frequency Data ,Server Page 1 of 2 POINT PRECIPITATION , FREQUENCY ESTIMATES FROM NOAA ATLAS 14 SItELBY, NORTH CAROLINA (31-7845) 35.3144 N 81.5336 W 898 feet from "Precipitation•Frequeney Atlas of the United Stags" \OAA Atlas 14, Volume 2, Version 3 0.NL Bonnin. D. martin. B. Lin, T. Parzybok; llf.Yekta, and D. Riley 1\OAA, National Weather Service. Silver Spring, Maryland, 2004 Extracted: Uu Nov 182010 Conirder}ce.Urnits Seasonality , Rplatedln(v . GIS data Maps. C?ocs, ;.:.Return to_State.map. Precipitation Frequency Estimates (inches) ARI* S )nut 10 min � IS rnrr> 30 rtl_i__n_ ❑�a 60 Ilan 120 ntln 33 1tr HHHHRFjdE1fl 24 tla ._ 30 ci 1}' ❑❑� 4..5 cry 60, [ta - 0.40 0.G4 0.79 1 1A9 1,36 1.58 I.b9 2.08 2.52 3.D5 3.62 4.08 4.73 5.38 7.17 8.77 11.08 13.19 00.47 0.75 0.95 1.31 t.64 1.92 294 2.50 3.05 3,69 4.36 4.89 5.65 6.40 8.47 10.32 12.97 15.38 r ] 0.55 0.89 1.12 1.60 2,05 2.41 2.58 3.14 3.82 4.64 5.46 6.04 6.88 7,69 IO,00 12.00 I4.80 17.36 10 D.G2 0.99 1.25 I.S2 2.36 2.80 3,01 3,66 4.46 5.40 6.33 6.95 7.86 8.70 11.21 13.30 16.2I 18.90 25 0.70 1.12 I.41 2.10 2.79 Efl 3.63 4.42 5.38 6.45 7.54 8.19 9.20 I0.06 12.82 15,00 18.04 20.88 50 0.76 1.21 1.53 2.31 3.13 3.79 4.15 5.05 6.16. 7.30 8.50 9.18 10.27 11.13 14.09 16.3I 19.42 22.36 fOD 0.82 1.30 1.65 2.52 3.4$ 4.26 4.70 5.75 b.99 8.18 9.51 10.18 11.36 12.20 15.3G 17.G0 20.77 23.80 200 0.88 1.40 Etfl 2.74 3.84 4:76 5.31 6.50 7. 00 1 9.11 10.56 11.22 12.48 13.30 16.65 L8.89 22.10 25.20 500 0.9G 1.51 ! .90 3.03 4.35 5.48 6.20 7.G2 9.25 10.41 12.02 t 2.64 i 4.D2 14.78 18.41 20.62 23.84 27,01 1000 1.02 1.60 2.01 3.26 4.76 G.08 6.9b B.57 10.40 11.46 I3.21 13.77 15.23 I5.94 19.78 2f.94 25.I5 28.37 'These predpitallon frequency estimates are based on a p?j al du A%0 � ARI is the Average Recurrence Interval. PSeaso refer W N4LA A1135_LNcurnent for more Information. NOTE: Formalv'ng forces estimates near aero to appear as zero. >< Upper bound of the 90% confidence interval Precipitation Frequency Estimates (inches) ARI"* =0.44 10 R Rlillli 0.70 R11[i nlln rttnl 0.8L1 7 9 1.49 0 n11R I❑4�IO ❑lr2 III' Ill Il' 48 l d�fly(years flyt 20 dy day 30 w4by 1y GO dA 1.73 1.86 2.22.757 3.28 3.89 4.36 5.04 5.71 7.55 9.19 11.58 ]3,75 r r 2 rFO 521 0.82 ].04 1.43 L80 2.10 2.2G 2.74 3.33 3.96 4.G9 5.24 6.01 6.79 8.91 1D.8D 13,54 16.03 �� 0.61 0.97 1.23 1.75 2.24 2.64 2.83 3.43 4.17 4.99 5.87 6.4G 7,32 S.1G 10.53 12.56 15.44 18A8 10 0.68 lA8 l37 1.99 2.58 3.06 3.31 4.00 4.86 5.79 G.80 7.43 8,36 9.24 11.79 13.91 16.91 19.67 25 0.77 1.22 1.55 2,29 3 05JEEEfl 4.82 5.8G G.91 8.08 8.74 9.79 10.68 13.49 15.70 18.82 21.73 50 0.83 1.32 [.68 2.52 3,42 4.I3 4.57. 5.52 G.70 7.82 9.12 9,79 10.92 11.81 14.83 17.08 20.27 23.29 100 0.90. 1.43 1.80 2.7G 3.00 3.80 r1.66 5.18 6,28 7.59 8.76 10.19 10.88 12.10 12.96 16.19 18.45 21.6$ 24.81 200 0.9G 1.53 1,93 4.21 5.22 S.$7 7.13 $.59 9.75 11.33 11.99 13.30 14.13 17.57 19,83 23A9 26.30 500 I.OS 1.67 1.77 2.IO 2.22 3.33 4.79 3.60 5.26 G.03G 8370D8Ll61290354496 73 22 6894 28.24 IOOO 1.12 6.71 7.?3 9.45 1 LTG 12.30 14.19 14.76 I6.28 I6.99 20.95 23,1 l 2G.34 29.71 The upper bound of the confidence Interval at MA confidence level Is the value xhlch 5%of the smulated quantile values for a gMan frequency are greater than. "These prodpliatlon frequency estimales are based on a pactl;}l,dur� ion.iedes, ARI Is the Average Remenee Interval. Please refarto 1t0AA Afas 14 Document fa more lniormatlon. NOTE: Formatting prevents estimates near tern to appear as zero. r Lower bound of the 90% confidence interval Preci itation Fre uency Estimates inches ARI** ❑S 10 1S 3D 60 120 �� l2 2d 48 �� 10 20 30 45 GO (years) nun nitn thin nttn nttn rein hr lu 1tr hr Itr clsry clay dA clay day day drty 0.36 0.58 0.72 0.99 1.24 1.46 1.55 1.91 2.32 2.84 3.36 3.81 4.44 5.08 JF6,81 8.37 10.61 12.68 4.43 0.69 0.86 1.20 1.50 1.76 1.87 2.30 2.80 3.43 4.D5 4.58 5.30 6.04 $A4 9.85 12.41 14.77 0.51 0.81 1.02 l.46 1,86 2.21 2.35 2.87 3.31 4.32 5.07 5.64 G.45 7.26 9.48 11.44 14.15 16.68 10 0.56 0.90 I.14 1.65 8-91 2.15 2.52 2.56 3.05 2.74 3.28 3.34 4FO77 S.01 5.87 6.48 7.3G 8.20 10.62 12.G6 15.49 18.f5 25 0.63 1.01 1.28Il 4.00 4. 99 Pfl G.9G 7.61 8.59 9:1G 12.12 14.26 17.20 2003. httn:/ldinnel.>zws.nnaa.�nvlct�i-hirlfiulec/i�ttilcintll.nerl?tvnP=nfRrlrnitc=lt�fir�Prirc=ndRrctat--. 1 I /1 Rf7.010 Precipitation Frequency Data Server Page 2 of 2 • The lower bound 0 Eha emMence Interval at 90%con6dence legal is the value which 5% of the sknWated ( ,Thad prceotalian frequM estimates are based on a peal dur�6aa mafta series ARE Is the Average Please reierto N0AAA0as,1A Doeumtntfor more Information. NOTE! FormaWiV preverAs esOmates near zero to appear as zero. Text version of tables,,.,..:. lrtti):/fdioner•.nws.3noaa.Qovlc2i-bin/heisclbuildout_nerl?tvne=of&units=tts&series=nd&stat... 11 /18/2010 SEDIMENT BASIN -1 ROUTING CALCULATIONS A&WSP 13 S E L L S Ttansporla t] on & In Ira $I ru 011 U (G Comp. By,.,J,.A . ........................ Date 1.9........... Project ........................... Chkd. By ............................................ Date ................................... Subject .................. ............ ................................... ..I.I.- .............. .... ... I ............................. - 1 11- .................... ...... .... I .......... . ......................................................................... Sheet No . ....... I of .......... job No . ....... ............................................................ �f SELLS Transportation & Infrastructure Comp. By .... Date ll-A.. Project .... 6s....... ....................... C 1 Chkd. By ........................... ._.. Date .. Subject................................................................... ........................ Sheet No....... �...,...., of ....... !. . Job No.. _ V �V Q........-- ia.'�. �A I ►2Cs.oTt{....... /rrR2[isl �0"5 ;... ... Z DAY 6" Faircloth Skimmer" Cut Sheet. 6" Coupling INCLUDED but not attached J. W. Faircloth & Son, Inc. www.FairclothSkimmer.com 2" Vent With White tip And 90" elbow 6" pvc float 5" 5ch 40 SOLID pvc barrel or "arm" SUPPLIED WITH SKIMMER 3 r• 5" hose, ss clamps 5" threaded male nipple 6" inlet on outlet end' extension 4 Aluminum straps Inlet 5 suspending inlet 47" 2 Patent N: 5.820,751 fir 0 Skimmer shown in floating position 5" HEAD on center of inlet and orifice 1. Hose can be attached to outlet using the threaded 5" nipple. Typical methods used: on a metal structure a steel stubout welded on the side at the bottom with a 5" threaded coupling or reducers; on a concrete structure with a hole or orifice at the bottom, use a steel plate with a hole and coupling welded to it that will fit over the hole in the concrete and bolted to the structure with sealant. 2. Dimensions are approximate, not intended as plans for construction. 3. Barrel (solid, not foam core pipe) should be 1.4 times the depth of water with a minimum length of 8' so the inlet can be pulled to the side for maintenance. If more than 12' long weight may have to be added to inlet to counter the increased buoyancy. 4. Inlet tapers down from 6" maximum inlet to a 5" barrel and hose. Barrel is smaller to reduce buoyancy and tendency to lift inlet but is sufficient for flow through inlet because of slope. The inlet orifice can be reduced using the plug and cutter provided to control the outflow rate. 5. Inlet is 10" pipe between the straps with slots cut in the inlet and aluminum screen door (smaller than shown in illustration) for access to the 6" inlet and orifice inside. 6. Capacity 51,840 cubic feet per day maximum with 6" inlet and 5" head. Inlet can be reduced by installing a smaller orifice using the plug and cutter provided to adjust flow rate for the particular basin volume and drawdown time required. 7. Shipped assembled. User glues inlet extension and barrel, installs vent, cuts orifice in plug and attaches to outlet pipe or structure. Includes flexible hose, rope, orifice cutter, etc. 6inchCut TM 11-07 November 14, 2007 Determining the Skimmer Size and the Required Orifice for the Faircloth Skimmer Surface Drain November 2007 Important note: The orifice sizing chart in the Pennsylvania Erosion Control Manual and reproduced in the North Carolina Design Manual DOES NOT APPLY to our skimmers. It will give the wrong size orifice and not specify which size skimmer is required. Please use the information below to choose the size skimmer required for the basin volume provided and determine the orifice size required for the drawdown time, typically 4-7 days in Pennsylvania and 3 days in North Carolina. The size of a Faircloth Skimmer, for example a 4" skimmer, refers to the maximum diameter of the skimmer inlet. The inlet on each of the 8 sizes offered can be reduced to adjust the flow rate by cutting a hole or orifice in a plug using an adjustable cutter (both supplied). Determining the skimmer size needed and the orifice for that skimmer required to drain the sediment basin's volume in the required time involves two steps: First, determining the size skimmer required based on the volume to be drained and the number of days to drain it; and Second, calculate the orifice size to adjust the flow rate and "customize" the skimmer for the basin's volume. The second step is not always necessary if the flow rate for the skimmer with the inlet wide open equals or is close to the flow rate required for the basin volume and the drawdown time. Both the skimmer size and the required orifice radius for the skimmer should be shown for each basin on the erosion and sediment control plan. Make it clear that the dimension is either the radius or the diameter. It is also helpful to give the basin volume in case there are questions. During the skimmer installation the required orifice can be cut in the plastic plug using the supplied adjustable cutter and installed in the skimmer using the instructions provided. The plan review and enforcement authority may require the calculations showing that the skimmer used can drain the basin in the required time. Determining the Skimmer Size Step 9. Below are approximate skimmer maximum flow capacities based on typical draw down requirements, which can vary between States and jurisdictions and watersheds. If one 6" skimmer does not provide enough capacity, multiple skimmers can be used to drain the basin. For drawdown times not shown, multiply the 24-hour figure by the number of days required. Example: A basin's volume is 29,600 cubic feet and it must be drained in 3 days. A 3" skimmer with the inlet wide open will work perfectly. (Actually, the chart below gives 29,322 cubic feet but this is well within the accuracy of the calculations and the basin's constructed volume_) Example: A basin's volume is 39,000 cubic feet and it must be drained in 3 days. The 3" skimmer is too small; a 4" skimmer has enough capacity but it is too large, so the inlet will need November 6, 2007 to be reduced using step 2 to adjust the flow rate for the basin's volume. (It needs a 3.2" diameter orifice.) 11/2" skimmer: 1,728 cubic feet in 24 hours 6,912 cubic feet in 4 days with a 1'/2" head 3,456 cubic feet in 2 days 12,096 cubic feet in 7 days 5,184 cubic feet in 3 days 2" skimmer: 3,283 cubic feet in 24 hours 13,132 cubic feet in 4 days with a 2" head 6,566 cubic feet in 2 days 22,982 cubic feet in 7 days 9,849 cubic feet in 3 days 21/2" skimmer: 6,234 cubic feet in 24 hours 24,936 cubic feet in 4 days with a 2.5" head 12,468 cubic feet in 2 days 43,638 cubic feet in 7 days Revised 11-6-07 18,702 cubic feet in 3 days 3" skimmer: 9,774 cubic feet in 24 hours 39,096 cubic feet in 4 days with a 3" head 19,547 cubic feet in 2 days 68,415 cubic feet in 7 days 29,322 cubic feet in 3 days 4" skimmer: 20,109 cubic feet in 24 hours 80,436 cubic feet in 4 days with a 4" head 40,218 cubic feet in 2 days 140,763 cubic feet its 7 clays Revised 11-6-07 60,327 cubic feet in 3 days 5" skimmer: 32,832 cubic feet in 24 hours 131,328 cubic feet in 4 days with a 4" head 65,664 cubic feet in 2 days 229,824 cubic feet in 7 days 98,496 cubic feet in 3 days 6" skimmer: 51,840 cubic feet in 24 hours 207,360 cubic feet in 4 days with a 5" head 103,680 cubic feet in 2 days 362,880 cubic feet in 7 days 155,520 cubic feet in 3 days 8" skimmer: 97,978 cubic feet in 24 hours 391,912 cubic feet in 4 days with a 6" head 195,956 cubic feet in 2 days 685,846 cubic feet in 7 days CUSTOM 293,934 cubic feet in 3 days: MADE BY ORDER CALL! Determining the Orifice Step 2. To determine the orifice required to reduce the flow rate for the basin's volume and the number of days to drain the basin, simply use the formula volume = factor (from the chart below) for the same size skimmer chosen in the first step and the same number of days. This calculation will give the area of the required orifice. Then calculate the orifice radius using Area = Tr rz and solving for r, r = (Area / 3.14) .The supplied cutter can be adjusted to this radius to cut the orifice in the plug. The instructions with the plug and cutter has a ruler divided into tenths of inches. Again, this step is not always necessary as explained above. An alternative method is to use the orifice equation with the head for a particular skimmer shown on the previous page and determine the orifice needed to give the required flow for the volume and draw down time. C = 0.59 is used in this chart. Example: A 4" skimmer is the smallest skimmer that will drain 39,000 cubic feet in 3 days but a 4" inlet will drain the basin too fast (in 1.9 days) To determine the orifice required use the factor of 4,803 from the chart below for a 4" skimmer and a drawdown time of 3 days. 39,000 cubic November 6, 2007 2 feet _ 4,803 = 8.12 square inches of orifice required. Calculate the orifice radius using Area = 71 r2 and solving for r, r = (8.12 / 3.14) and r = 1.61 ". Asa practical matter 1.6" is about as close as the cutter can be adjusted and the orifice cut.. Factors (in cubic feet of flow per square inch of opening through a round orifice with the head for that skimmer and for the drawdown times shown) for determining the orifice radius for a basin's volume to be drained. This quick method works because the orifice is centered and has a constant tread (given above in Step 1). V/z" skimmer: 960 to drain in 24 hours 3,840 to drain in 4 days 1,920 to drain in 2 days 6,720 to drain in 7 days 2,880 to drain in 3 days 2" skimmer: 1,123 to drain in 24 hours 4,492 to drain in 4 days 2,246 to drain in 2 days 7,861 to drain in 7 days 3,369 to drain in 3 days 21/2" skimmer: 1,270 to drain in 24 hours 5,080 to drain in 4 days Revised 11-6-07 2,540 to drain in 2 days 8,890 to drain in 7 days 3,810 to drain in 3 days 3" skimmer: 1,382 to drain in 24 hours 5,528 to drain in 4 days 2,765 to drain in 2 days 9,677 to drain in 7 days 4,146 to drain in 3 days 4" skimmer: 1,601 to drain in 24 hours 6,404 to drain in 4 days Revised 11-6-07 3,202 to drain in 2 days 11,207 to drain in 7 days 4,803 to drain in 3 days 5" skimmer: 1,642 to drain in 24 hours 6,568 to drain in 4 days 3,283 to drain in 2 days 11,491 to drain in 7 days 4,926 to drain in 3 days 6" skimmer: 1,814 to drain in 24 hours 7,256 to drain in 4 days 3,628 to drain in 2 days 12,701 to drain in 7 days 5,442 to drain in 3 days 8" skimmer: 1,987 to drain in 24 hours 7,948 to drain in 4 days 3,974 to drain in 2 days 13,909 to drain in 7 days 5,961 to drain in 3 days J. W. Faircloth & Son, Inc. Post Office Box 757 412-A Buttonwood Drive Hillsborough, North Carolina 27278 Telephone (919) 732-1244 FAX (919) 732-1266 FairclothSkimmer.com jwfaircloth@embargmail.com Orifice sizing Revised 2-2-01; 3-3-05; 2-1-07; 11-6-07 November 6, 2007 3 KingsMtn Type II24-hr 10-year Rainfall=5.40" Prepared by WSP SELLS Printed 1/14/2011 HydroCAD® 9.00 s/n 04719 02009 HydroCAD Software Solutions LLC Summary for Pond 2P: SB-1 Inflow Area = 56.860 ac, 0.00% Impervious, Inflow Depth > 1.52" for 10-year event Inflow - 170.44 cfs @ 11.97 hrs, Volume= 7.220 of Outflow - 3.48 cfs @ 17.96 hrs, Volume= 1.219 af, Atten=A %0, Lag= 359.4 min Primary = 3.48 cfs @ W.96 hrs, Volume= 1.219 of - Secondary 0.00 cfs @ 5.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 6.00-20.00 hrs, dt= 0.05 hrs Peak Elev= 898.14' @ 17.96 hrs Surf.Area= 69,604 sf Storage= 263,006 cf Plug -Flow detention time= 331.3 min calculated for 1.219 of (17% of inflow) Center -of -Mass det. time= 230.0 min (1,039.3 - 809.4 } Volume Invert Avail.Storage Storage Description #1 892.00' 404,550 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store -(feet) (sq-ft) (cubic -feet) (cubic -feet) 892.00 3,289 0 0 894.00, 35,.165. 38,454 38,454 896.00 55,4.16 90;581: 129,035 898.00 68,562 123,978 253,013 900.00 82,975 151,537 404,550 Device Routing Invert Outlet Devices #1 Primary 892.00' 48,0" Round Culvert L= 80.0' CMP, square edge headwall, Ke= 0.500 Outlet Invert= 891.00' S= 0.0125 'F Cc= 0.900 n= 0.025 Corrugated metal #2 Device 1 892.00' 6" Skimmer w13" orifice Elev. (feet) 892.00 892.50 893.00 894.00 895.00 896.00 897.00 898.00 Disch. (cfs) 0.000 0.600 0.600 0.600 0.600 0.600 0.600 0.600 #3 Device 1 898.00' 60.0" Horiz. Orifice/Grate C= 0.600 Limited to weir flow at low heads #4 Secondary 900.00' 12.0' long x 28.0' Breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1,60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=3.43 cfs @ 17.96 hrs HW=898.14' (Free Discharge) t =Culvert (Passes 3.43 cfs of 103.88 cfs potential flow) 2-6" Skimmer w13" orifice (Custom Controls 0.60 cfs) 3-00fice/Grate (Weir Controls 2.83 cfs @ 1.24 fps) econdary OutFlow Max=0.00 cfs @ 5.00 hrs HW=892.09 (Free Discharge) =B road -Crested Rectangular Weir ( Controls 0.00 cfs) KingsMtn Type 1124-hr 25-year Rainfall=6.45" Prepared by WSP SELLS Printed 1/14/2011 HydroCAD® 9.00 s/n 04719 02009 HydroCAD Software Solutions LLC Summary for Pond 2P:, S113-1 Inflow Area = 56.860 ac, 0.00% Impervious, Inflow Depth > 2.16" for 25-year event Inflow = 245.43 cfs @ 11.96 hrs, Volume= 10.349 of Outflow - 11.94 cfs @ 13.41 hrs, Volume= 4.295 af, Atten= 95%, Lag= 86.9 min Primary - 11.94 cfs @ 13.41 hrs, Volume= 4.295 of Secondary = 0.00 cfs. @ 5.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs Peak Eiev= 898.36' @ 13.41 hrs Surf.Area= 71,187 sf Storage= 278,466 cf Plug -Flow detention time= 221.0 min calculated for 4.295 of (42% of inflow) Center -of -Mass det. time= 131.1 min (932.8 - 801.7 ) Volume Invert Avail -Storage Storage Description #1 892.00' 404,550 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) _(sq-ft) pubic -feet) (cubic -feet) 892.00 3,289 0 0 894.00 35,.165 38j454 38,454 896.00 55,416 90,581, 129,035 898.00 68,562 1,23,978 253,013 900.00 82,975 151,537 404,550 _Device - Routing Invert_ Outlet Devices - #1 Primary 892.00' 48.0" Round Culvert L= 80.0' CMP, square edge headwall, Ke= 0.500 Outlet Invert= 891.00' S= 0.0125'f Cc= 0.900 n= 0.025 Corrugated metal #2 Device 1 892.00' 6" Skimmer w13" orifice Elev. (feet) 892.00 892.50 893.00 894.00 895.00 896.00 897.00 898.00 Disch. (cfs) 0.000 0.600 0.600 0.600 0.600 0.600 0.600 0.600 #3 Device 1 898.09 60.0" Horiz. Orifice/Grate C= 0.600 Limited to weir flow at low heads #4 Secondary 900.00' 12.0' long x 28.0' breadth Broad -Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=11.89 cfs @ 13.41 hrs HW=898,36' (Free Discharge) 'L =Culvert (Passes 11.89 cfs of 107.44 cfs potential flow) 2=6" Skimmer w/ 3" orifice (Custom Controls 0.60 cfs) 3=Orifice/Grate (Weir Controls 11.29 cfs @ 1.97 fps) econdary OutFlow Max=0.00 cfs @ 5.00 hrs HW=892.00' (Free Discharge) =Broad -Crested Rectangular Weir ( Controls 0.00 cfs) �&'wWSP ® SELLS Transportation & Infrastructure Comp. a .,.-%�....................... Date .... 11.......... Project .... f�n�.6...........`'.!.Y'!!!.............:............,...... 1 Chkd. By ................................. .... _.... Date ...—. _..........�... Subject ..... AkQiD.m;r. iLP............. l............................ I ..... ........ mhowjn1 Sheet No......)......... of ....l....... job No. ..W-4—qq •3.0......_....__ 04 .. 0. : C9A QNrc. 1 N IFACr/4 = O, D Z. 0 ARM 8 , Q. AONVIA-16 = O, O 10 ' F�31T •.�.�...C. Cllin�b� lmSlzC au.ipv. OrQAO ;......:_... TA3cr........$..o4._4 DwNo2 _ a. 000 8.'90 Ho*Ho'o Ul CROSS SECTION CHANNEL, AT PROPERTY LINE i 1 1 1 0 0 0 0 0 Worksheet Worksheet for Trapezoidal Channel Project Oescriplion Worksheet Channel at Property Line - Sklmmer r Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.045000 ftfff w u W Left Side Slope 3.00 H : V . Right Side. Slope 3.00 H . V Bottom WidthZOO-ft Dlsaharge 0.60 cfs = Q from skimmer Results Depth 0.17 It Flow Area OA IV Walled Perimeter 3.07 It Top Width 3.02 I t Critical Depth 0.13 It Crilica S1oPe OJI 768 [Uft Velocity 1.41 fUs < 5 fps T c Head 0,03 It Specific Energy 0.20 It Froude Number 0.66 Flow Type Subcritical Project Engineer: Chas H. Sails L1,.103-design data101-erosloniking_ptn_mine.fm2 Chas H. Sells FlowMaster v6.1 [614oj 01/19/11 09:08:24 AM ®Haestad Methods, Inc. 37 Brookside Road Waterbury. CT 06708 USA (203) 756-1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet [C nnel at Property Line - 10 year storm Flow Element Trapezoidal Channel Method Manning's Formula Salve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.045000 (lift Left Slde Slope 3,00 H : V Right Side Slope 3.00 H : V Bottom Width 2_00rf Discharge 3,43 ci= 010m Results Depth 0.44 ft Flow Area 1.4 ft' Wetted Perimeter 4.76 tt Top Width • 4.62 ft Critical Depth 0.37 ft Critical Slope 0.083903 ftlft Ve ocity 2.37 ftls < 5 fps t.Y§locity Head 0.09 ft Specific Energy 0.52 ft Froude Number 0.75 Flow Type Subcritical Project Engineer: Chas H. Sells lA—%03-deslgn detaEol-eroslan\king_mfn mine.1m2 Chas H. Sells FiowMastor v6.1 1614oj 01/10/11 00:10:33 AM ®Haastad Methods, Inc, 37 Brooksldo Road Waterbury, CT 06706 USA (203) 755-1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheel Channel at Pro er Lino - 25 car stor Flow Element Trapezoidal Channel Method Mannfng's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.045000 ft/ft Left Side Slope 3.00 H: V Right Side Slope 3.00 H : V Bottom Width 0_1 Discharge tl�11.89 cfs = Q2�-Dfm-St3-1 Results Depth 0.81 ft Flow Area 3.6 f? Welted Perimeter 7.11 ft Top Width 6.85 ft Critical Depth 0.73 ft Criticall i06e 0.070464� t� Velocity c� y Head 0.17 ft Specific Energy 0.98 ft Froude Number 0.81 Flow Type Subcritical Project Engineer: Chas 1-1. Sells t:\... 103•design date101-erostoniking_jmtn—mine.fm2 Chas H. Sells FlowMaster v6.1 [614ol 01/19/11 09:12:54 AM 01-taestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 "00 CROSS SECTION CHANNEL BELOW RIP RAP APRON 0 0 0 0 N � Q0 A-V- Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Channel Below Rip Rap Apron - SkIrarner:Flow' Flow Element rapezoldal C 11nei Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope %q 0,086900 Rift t-eft Side Slope 3.00 H : V Right Side Slope 5.50 H : V Bottom Width 1.00 It Discharge 0: cf60 s - Q from sklmmer Results Depth 0.18 ft Flow Area 0.3 ft' Wetted Perimeter 2.61 ft Top Wdth 2.66 it Crilicial Depth 0.17 it C tlita�g51 .108246 Rift Velocity 1.83 flls a f s c y ea 0.05 ft Specific Energy 0.24 It Froude Number 0.90 Flow Type Suberltical A -L3 Project Engineer: Chas H. Sells 1:1..103•deslgn datalol-erosion\king_mtn_mine.tm2 Chas H. Sells FlowMastor v6.1 1814oj 01/19/11 04:16:41 AM 01-laostad Methods, Inc. 37 Brookalde Road Waterbury, CT 0670E USA (203)-f65-1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Descriptton -. Worksheet Channel Below Rip Rap Apron - 10 year Vo Flow Element t Trap oez idal-Channet Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.086900 ftlft Left Side Slope 3.00 H: V Right Side Slope 5,50 H: V Bottom Wildth, 1.00_ft— - - -_ —Discharge.,____, 3.43 cfs = 010 from SBA Results Depth 0.42 ft Flow Area 1.2 fr Wetted Perimeter 4.70 ft Top Width 4.69 ft Critical Depth 0.42 ft Critical Slope 0.084940 filft -Velaolty 2.91 ft/s 5 fps Velocity Head 0.13 ft Specific Energy 0,55 ft Froude Number 1.01 Flow Type Supercriifcal L Project Engineer: Chas H. Sells I:\.-\03-deslgn data\01-erostonVdng_mtn_mine.fm2 Chas H. Sells FlowMaster v8.1 t614o] 01/19/11 09.17:12 AM 0 Haestad Methods, Inc. 37 wookside Road Waterbury, CT 06708 USA (203) 755.1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Channel Below Flip Rap!D - 25 ear storm Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.086900 ft/ft Left Side Slope 3,00 11 : V Right Side Slope 5.50 H : V Bottom Width 1.00 ft Discharge 11.89 cis = Q25 from SS-1 1 Results Depth 0.73 (t Flow Area 3.0 fta ~ted Perimeter 7,37 It Top Width 7,10 it Critical Depth 0.76 fit Critical Slope 0,07i908 fUft Velocity 3.99 ftls < 5 {ps Vetocify-Head 0:25—{t Specific Energy 0,98 It Froude Number 1.09 Flow Type Supercritical Project Engineer: Chas H, Sells L•1..103-design data101-eras lonWng_ ntn_nAne.fm2 Chas H. Solls FlowMaster W.1 (614o] 01f19111 00:1 a:53 AM Q Haestad Methods, Inc. 37 6rookside Road Waterbury, CT 06708 USA (203) 755-1686 Page 1 of 1 A TTA CHMENT B NC DENR Erosion and Sediment Control Planning Manual —Estimating Roughness Coefficients Appendices 'Phis section describes a method for estimating the roughness coefficient n fur use in hydraulic computations associated with natural streams, floodways, and excavated channels. The procedure applies to the estimation ofn in Manning's formula (Appendiv8.05). The coefficient of roughness n quantifies retardation offlow due to roughness of channel sides, bottom, and irregulari tics. Estimation of n requires the application of subjective judgement to evaluate five primary factors: • irregularity of the surfaces of the channel sides and bottom; • variations in the shape and size of the channel cross sections; • obstructions in the channel; • vegetation in the channel; and • meandering of the channel. Procedure For The procedure for estimating it involves selecting a basic value for a straight, uniform, smooth channel in the existing soil materials, then modifying, that Estimating n value with each of the five primary factors listed above. Table 8.04a Basic Value of Roughness Coefficient for Channel Materials In selecting modifying values, it is important that each factor be examined and considered independently. Step 1. Selection of basic value of it. Select a basic it value for a straight, uniform, smooth channel in the natural materials involved. The conditions of straight alignment, uniform cross section, and smooth sine and bottom surfaces without vegetation should be kept in mind. 'Thus, basic n varies only with the material than forms the sides and bottom of the channel. Select the basic n for natural or excavated channels from Table 8.04a. If the bottom and sides of a channel consist of different materials, select an intermediate value. Soil Material Basic n Channels in earth 0.02 Channels in fine gravel 0.024 Channels cut into rock 0.025 Channels in coarse gravel 0.028 Step 2. Selection of modifying value for surface irregularity. This factor is based on the degree of roughness or irregularity of the surfaces ol' channel sides and bottom. Consider the actual surface irregularity, first in relation to the degree of surlace smoothness obtainable with the natural materials involved, and second in relation to the depths of now expected. If the surface irregularity is comparable to the best surface possible for the channel materials, assign a modifying value of zero. Irregularity induces turbulence that calls for increased modifying values. Table 8.04b may be used as a guide to selection of these modifying values. 8.04.1 0 Table 8.04b Modifying Value for Roughness Coefficient Due to Surface Irregularity of Channels Table 8.04c Modifying Value for Roughness Coefficient Due to Variations of Channel Cross Section 8.04.2 Degree of Surface Comparable Modifying Irregularity Value Smooth The best obtainable for the materials 0.000 Minor Well -dredged channels; slightly eroded or scoured side slope of canals or drainage channels 0.005 Moderate Fair to poorly dredged channels; moderately sloughed or eroded side slopes of canals or drainage channels 0.010 Severe Badly sloughed banks of natural channels; badly eroded or sloughed sides of canals or drainage channels; unshaped, jagged and irregular surfaces of channels excavated in rock 0.020 Source for Tables b - f: Estimating Hydraulic Roughness Coefficients Step 3. Selection of modifying value for variations in the shape and size of cross sections. In considering this factor, judge the approximate magnitude of increase and decrease in successive cross sections as compared to the average. Gradual and uniform changes do not cause significant turbulence, Turbulence increases with the frequency and abruptness ofahernation from large to small channel sections. Shape changes causing the greatest turbulence are those for which flow shifts from side to side in the channel. Select modifying values based on Table 8.04c. Step 4. Selection of modifying value for obstructions. This factor is based on the presence and characteristics of obstructions such as debris deposits, stumps, exposed roots, boulders, and falten and lodged logs. 'fake care that conditions considered in other steps not be double -counted in this step. In judging the relative effect of obstructions, consider the degree to which the obstructions reduce the average cross -sectional area at various depths and the characteristics of the obstructions. Sharp -edged or angular objects induce more turbulence than curved, smooth -surfaced objects. Also consider the Modifying Character of Variation Value Changes in size or shape occurring gradually 0.000 Large and small sections alternating occasionally, or shape changes causing occasional shift of main flow from side to side 0.005 Large and small sections alternating frequently, or shape changes causing frequent shift of main flow from side to side 0.010 - 0.015 Appendices Out -of -Bank Condition Channel And Flood Plain Flow Table 8.04d Modifying Value for Roughness Coefficient Due to Obstructions in the Channel transverse and longitudinal position and spacing of obstructions ill the reach. Select modifying values based on Table 8.04d. Step S. Selection of modifying value for vegetation. The retarding effect of vegetation is due primarily to turbulence induced as the water flows around and between limbs, stems, and foliage and secondarily to reduction in cross section. As depth and velocity increase, the force of flowing water tends to bend the vegetation. Therefore, the ability of vegetation to cause turbulence is related to its resistance to bending. Note that the amount and characteristics of foliage vary seasonally. ]n judging the retarding etTect of'vegetation, consider the following: height of vegetation in relation to depth of flow, its resistance to bending, the degree to which the cross section is occupied or blacked, and the transverse and longitudinal distribution of densities and heights of vegetation in the. reach. Use Table 8.04e as a guide. Step 6. Computation of it, for the reach. The first estimate of roughness for the reach, n,, is obtained by neglecting, meandering and adding the basic 11 value obtained in step 1 and modifying Vt[lues from steps 2 through S. n., = n + f modifying values Step 7. ;Meander. The modifying value for meandering is not independent of the other modifying values. It is estimated from the sit obtained in step 6, and tile ratio of the meandering length to the straight length. The modifying; value for meandering; may be selected from Table 8.04f, Step 8. Computation of n for a channel reach with meandering. Add the modifying value obtained in step 7, to nA, obtained in step 6. The procedure for estimating roughness for an existing channel is illustrated in Sample Problem 8.04a. Work with natural floodways and streams often requires consideration of a wide range of discharges. At higher stages, both channel and overbank or flood plain flow may occur. Usually, the retardance of the flood plain difTers significantly from that of the channel, and the hydraulic computations can be improved by subdividing the cross section and assigning different n values for flow in the channel and the flood plain. If conditions warrant, the flood plain may be subdivided further. Do not average channel it with flood plain n, The n value for in -bank and out -of --bank flow in the channel may be averaged. Relative Effect of Obstructions Modifying Value Negligible 0.000 Minor 0.010 to 0.015 Appreciable 0.020 to 0.0.30 Severe 0.040 to 0.060 8,04.3 M Table 8.04e Modifying Value for Roughness Coefficient Due to Vegetation in the Channel 8.04.4 Vegetation and Flow Conditions Comparable to: Low Effect Dense growths of flexible turf grass or weeds, such as Bermudagrass and Kentucky bluegrass. Average depth of flow is 2 to 3 times the height of the vegetation Medium Effect Turf grasses where the average depth of flow is 1 to 2 times the height of vegetation Stemmy grasses, weeds or tree seedlings with moderate cover where the average depth of flow is 2 to 3 times the height of vegetation Brushy growths, moderately dense, similar to willows 1 to 2 years old, dormant season, along side slopes of channel with no significant vegetation along the channel bottom, where the hydraulic radius is greater than 2 feet High Effect Grasses where the average depth of flow is about equal to the height of vegetation Dormant season, willow or cottonwood trees 8 - 10 years old, intergrown with some weeds and brush; hydraulic ra- dius 2 to 4 feet 1-year old, intergrown with some weeds in full foliage along side slopes; no significant vegetation along channel bottom; hydraulic radius 2 to 4 feet Grasses where average depth of flow is less than one-half the height of vegetation Very High Effect Growing season, bushy willows about 1-year old, intergrown with weeds in full foliage along side slopes; dense growth of cattails or similar rooted vegetation along channel bottom; hydraulic radius greater than 4 feet Growing season, trees intergrown with weeds and brush, all in full foliage; hydraulic radius greater than 4 feet Range in Modifying Value 0.005 to 0.010 0.010 to 0.025 0.025 to 0.050 0.050 to 0.100 Appendices Table 8.04f Modifying Value for Roughness Coefficient Due to Meander in the Channel Sample Problem 8.04a Estimation of roughness coefficient for an existing channel Meander Ratio' Degree of Modifying Meandering Value 0.0 to 1.2 Minor 0.000 1.2 to 1.5 Appreciable 0.15 rrs 1.5 and greater Severe 0.30 ns 'Meander ratio is the total length of reach divided by the straight line distance. To compute a roughness coeftient for flood plain flow, consider all factors except meandering, Flood plain n values ttonnally are greater than channel values, primarily due to shallower depths of flow. The two factors requiring most careful consideration in the flood plain are obstructions and vegetation. Many flood plains have fairly dense networks of obstructions to be cvuluated. Vegetation should be judged on the basis of growing -season conditions. Description of reach: Soil —Natural channel with lower part of banks and bottom yellowish gray clay, upper part light gray silty clay. Side slopes —Fairly regular; bottom uneven and irregular. Cross section —Very little variation in the shape; moderate, gradual variation is size. Average cross section approximately trapezoidal with side slopes about 1.5:1 and bottom width about 10 feet. At bankfull stage, the average depth is about 8.5 feet and the average top width is about 35 feet. Vegetation —Side slopes covered with heavy growth of poplar trees, 2 to 3 inches in diameter, large willows, and climbing vines; thick, bottom growth of waterweed; summer condition with the vegetation in full foliage. Alignment —Significant meandering; total length of meandering channel, 1120 feet; straight line distance, 800 feet. Solution: Step Description n Values Number 1 Soil materials indicate minimum basic n 0.02 Modification for: 2 Moderately irregular surface Ull 3 Changes in size and shape fudged insignificant 0.00 4 No obstructions indicated 0.00 5 Dense vegetation 0.08 6 Straight channel subtotal, ns W 0.11 7 Meandering appreciable, meandering ratio: 1120/800 = 1.4 Select 0.15 from Table 8.04f 8 Modified value = (0.15)(0.11) = 0.0165 or 0,02 Total roughness coefficient n = 0.13 8.04.5 A Tl A CHMENT C Permissible Velocities NC DENlR Erosion and Sediment Control Planning Manual -Table 8.05a NC DWO Stream Identification Form Version 4.11 Date: 3 Project/Site: kin Latitude: Evaluator: F ��� d r s °,h County: G 7 Longitude: S Yt� Total Points: Stream Dete (clrcle one) Other Stream is at least intermittent S� Ephemer Intermltte t Perennial e.g. Quad Name: if 2! 19 or erennial if z 30" A. Geomorphology {Subtotal = Absent Weak Moderate Stro gg la. Continuity of channel bed and bank 0 1 2 2. Sinuosity of channel along thalweg 0 1 U 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool s uence 0 1 r--,, CD 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict iloodplain 0 1 2 3 6. depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channel No = 0 Yes = 3 arurluar Uliumu arc rrUI rdrCu. SCC ur,[:usswn5 ❑r 111drlum B. Hvdrolo4v (Subtotal = , 2 1 12. Presence of Baseflow 0 1 2 3 13, Iron oxidizing bacteria 0 .1 2 3 14, Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1.5 1T Soil -based evidence of high water table? No = 0 Yes = 3 C. Biolow (Subtotal = '7 ) 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25, Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: L0S9 e c�. �✓i° 5 r jj fZc►t� �r�J+2J�c� t� 5�1� �f txl 0 IMERYS February 7, 2011 Ms. Jennifer Jones Environmental Engineer Stormwater Permitting Unit Division of Water Quality (DWQ) Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 (via email and hard copy) Subject: Response to letter of January 7, 2011, General Stormwater Permit No. NCG020000 COC NCG020089 Kings Mountain Minerals Inc. — IMERYS 1469 S. Battleground Ave. Kings Mountain, Cleveland County, North Carolina Site Name: Moss-Neisler Site Mining Permit# 23-03 Dear Ms. Jones: 1R1@&W@ FFB 0 9 2011 �Us�a�n�sgwm In response to the above referenced letter related to a revised targeted monitoring approach, and the on site meeting of 31 January 2011 with Samar Bou-Ghazale and Andrew Pitner of the NCDENR, Kings Mountain Minerals, Inc. (KMM), would like to submit the following responses to your comments: 1. A Description of Well Construction: installation, diameter, depth, design, screen intervals, construction records, maintenance plan and other relevant information. • KMM will provide a document entitled "Monitoring Well Installation Field Activity Summary Report" which includes the well designations, well depths, well diameters, screen lengths, depth of water, location map, lithologic logs and graphic completion logs. As part of its well maintenance program, KMM will maintain the wells to assure depth to groundwater is accessible and measurable during the operation of the H1 mine area. The wells are capped and locked, and no pumps are installed in any of the wells. KMM will also ensure visual signs are present to prevent damage to the wells. 2. Cross -Sectional Measurements and Visual Inspection of Stream: Cross -sectional dimensions and measurements are required in order to provide hydrological information as mine de -watering and site modification occur. Please submit a plan to provide the following: a. On Stream "A", at points 1, 2 and 3 as shown on the submitted "Jurisdictional waters and Groundwater Contour Map", and at a 4'h point of the permittee's choosing, visually inspect, measure, dimension and photograph a cross sectional profile of the stream. Provide the depth at bottom and sides, as well as a drawn cross sectional profile at each of these 4 points. b. The above -described cross -sections and measurements/dimensions/inspections shall be repeatably provided to DWQ on the following schedule (at minimum): i. Initially after the permit is issued (within 60 days from receipt of the permit) ii. Yearly until de -watering occurs. iii. After de -watering is initiated: 1. For the First year after de -watering is initiated: on a quarterly basis. 2. For the Second and Third years after de -watering is initiated: on a yearly basis. 3. Thereafter as the DWQ Mooresville Regional Office Staff direct. 4. The permittee may request a modification of this schedule after the first year after de -watering takes place. Modification requests shall be directed to the DWQ Mooresville Regional Office Staff in writing. It is the opinion of KMM and its consultants that any waters present and flowing within Stream "A" are solely related to stormwater impacting the 57-acre basin on the property that drains into this Stream. Flow, when evident, is typically associated with significant storm events. It is also our opinion that this intermittent, unimportant Stream is not fed by groundwater. This feature is badly eroded due to the historic agricultural activities at the property and may be a machine -created ditch by a previous owner, similar to the other drainage features on the property. The entire length (original flags ]-15) is typically dry during site inspections, even the day after rain events, and is packed with a bed of dead leaves indicating rare water flow. Storm flows from the 25-year storm event for this drainage area will generate 191 cfs of flow in the Stream at the property boundary. Outflow from the planned Sediment Basin 1 (SB-1) will only generate 0.59 cfs of flow through the skimmer under normal operating conditions and up to 3.43 cfs during a 10-year storm event and overflow into the riser. Once sediment and erosion control measures are in place, the majority of all stormwater that now flows into the Stream, will be diverted and managed by SB-1. The dramatic decrease in storm flow surge will greatly reduce / eliminate the erosive forces that are currently eroding the banks of the Stream during storm events. Flow from the SB-I outlet will flow across a riprap outlet dissipater and through a 50' vegetated buffer, which will diffuse the flow even more. The flow will enter the stream near flag 2, which is located 30' upstream of the property line at flag 1. Velocity calculations, referenced below, demonstrate that flow from SB-1 will not exceed the self -scouring velocity and will not generate erosive flow. Cross sections along the stream are unnecessary to determine stream bank stability given the reduced volumes of storm flow expected after construction of SB-1, the intermittent rainfall generated flow within the stream, the referenced velocity calculations and the existing badly eroded gully conditions that have been created by historic land uses. There are two existing; ground water monitoring wells on either side of this stream (201 OH 1073M and 201 OH 1072M). Groundwater at well 201 OH 1073M is 22 feet below the ground surface (884.84') and the well is within 180' of the stream. Groundwater is 25 feet below the ground surface at well 20101-1 1072M (876.27') which is 350' from the stream. The stream bed elevation of over half of the length (flags I -10) of the stream is at or below the groundwater level elevation (884.84') within well 201 OH 1073M. The elevation of the streambed from flags 1 through 10 increases gradually from 880.26" at flag 1 to 884.80' at flag 10. The groundwater elevation at the stream is actually deeper than the adjacent wells but does not contribute to stream flow. The stream bed is dry even though groundwater is above the stream bed elevation for more than half it's length in the nearby well, indicating that groundwater is not flowing underground to seep through the banks of the gullied stream and does not contribute to stream flow. 1. KMM has corrected and is attaching for replacement in the application, Drawing 4 "Jurisdictional Waters and Groundwater Control Map". This revised map accurately depicts the groundwater surface based on the depth to groundwater measured in the monitoring wells. 2. KMM is enclosing a report entitled "Velocity Calculations for the Stormwater Discharge from the Erosion and Sediment Control Pond (SB-1) and Determining the Impact of Pond DischargeVelocity on the Jurisdictional Waters at H 1 Site". This analysis demonstrates that even at 10-year storm event flows through both the skimmer and riser in SB-1, that the flow off the rip rap apron and into the channel near the property boundary would not exceed the self scouring velocity. The re -direction of storm flow from the Stream into SB-1 will reduce the occasional erosional impact of significant storm events and moderate the (low into the Stream near the property boundary well -below flow levels that would initiate erosion. KMM and its consultants agree that there is no evidence that flow during a 10-year storm event from SB-1 would increase the potential for erosion in the Stream and there is overwhelming evidence that the design of the site stormwater diversion system and SB- I will be responsible for moderating the impact of storm event flow and significantly reduce the potential for erosion in the Stream. KMM will establish a baseline location between Stream stations 1 and 2, and document the channel at this location between the outfall of SB-I and the property boundary with control staffs and photographic images. field monitoring and documentation will occur on an annual basis. 3. Well Monitoring Protocol. DWQ requests further information about your well monitoring protocol. Please provide the following: a. DWQ requires that you monitor the existing wells nearest Stream "A" — labeled "201OH1073M" and "20101­11072M" shown on the submitted "Jurisdictional waters and Groundwater Contour Map". These two wells shall be monitored monthly, at minimum, and an annual data monitoring report shall be constructed and kept on site. b. Additionally, DWQ requests the permittee contruct one well near Stream "A" outside the buffer area and approximately 30 feet below the discharge from the pond. This well should be shallow and should intersect the groundwater table. It should have at least a 10- foot screen interval. As the permittee will need to establish a base line before the initiation of the mining operation and of de -watering, provide a monitoring protocol to this end. After de -watering commences, monitoring of this well shall occur at least on a monthly basis. Provide a detailed site plan Staff as to the exact location of this well to the DWQ Mooresville Regional Office within 60 days of the receipt of the permit. c. Provide an explanation of how monitoring data will be analyzed to determine the groundwater hydrology is removed or being maintained. If monitoring results indicate impacts to any surface water, explain how these impacts may be abated. Explain how data will be analyzed to determine or demonstrate the effects of pumping and dewatering, and propose pumping regimes necessary to reduce impacts if necessary. More extensive pumping test data should be included if necessary. This strategy will be reviewed and may be modified by DWQ Regional Office Staff. This shall be provided within 3 months of receipt of the permit. KMM and its consultants agree that there is no evidence to indicate that there is contribution from groundwater to surface water flow within the Stream. Stream flow is soley related to stormwater events. The groundwater monitoring wells on the property were installed to determine groundwater levels across the property for mine planning purposes and to determine potential groundwater impact at the property boundaries. Pumping of mine water will likely produce hydrologic responses during the development of the mine, which is typical for most mining operations. Mining on this site will be conducted on a campaign basis several times per year and will not advance more the 10-20 feet vertically on an annual basis. As a result of this mining campaign strategy, significant or rapid changes to groundwater levels are not expected. Based upon conversations and input from the COE and our consultants, KMM is re- evaluating the Stream "A" characterization defined in the report entitled, "Wetland and Stream Delineation for H-1 Site, Kings Mountain Site (90 acres), by Soil & Environmental Consultants dated July 23, 2010. KMM does not now believe that this report accurately characterizes the Stream based on additional outside input. KMM is working with their consultants, the Army Corp of Engineers and the State DWQ to re -assess and reclassify the Stream from an intermittent / perennial stream from stations 1-15 to a classification of an intermittent stream from stations 1-12. KMM has confirmed through preliminary analysis with the COE and the DWQ, that jurisdiction does not extend upstream beyond station 12. This work is ongoing and documentation will be provided when the work is complete. KMM does not believe that this work is critical for this response nor the current permit application as additional monitoring well data will document the conditions and the Stream area is not planned for disturbance at this time. Currently there are eight (8) monitoring wells on the proposed mine site identified as 201 OH 1067M, 201 OH 1068M, 2010H 1069M, 201 OH 1070M, 201 OH 1071 M, 201 OH 1072M, 201OHI073M and 201OHI074M. The monitoring wells were installed to monitor the groundwater hydrologic response to the proposed mine dewatering activities within the property boundaries. Initial monitoring well measurements demonstrated that groundwater table ranges from approximately 38 to 21 feet below ground surface with the deeper depths to groundwater appearing at the higher surface elevations. KMM and its consultants do not believe that additional wells are necessary to monitor impact to groundwater within the limits of the mine property based on the ranges and contouring produced in the initial sampling. As the proposed mining plan has the end excavation at 120 feet below ground surface, it is anticipated that there will be some groundwater hydrologic response, which is typical of any mining operation requiring dewatering. Monitoring the two existing wells previously described on a monthly basis and adding a third well within 20' of the stream bank are not necessary to determine if mine dewatering is affecting flow within the surface water regime, because groundwater is not contributing to surface flow. As previously presented, the intermittent flow in the Stream is generated from storm events. KMM does not believe that there will be a de -watering impact on the surface water related to groundwater elevation changes. Flow within the stream will continue to be intermittent in nature and will continue to be a function of storm events as it is currently. • in response to discussions on site with DWQ staff, KMM will agree to add an additional monitoring well outside the Stream "A" buffer zone, between the SB-1 discharge and the property boundary as suggested by Mr. Pitner of the NCDENR. KMM agrees that this is a Demonstration Well for research purposes to understand the interaction of SB-1 waters and groundwater near Station 1. No regulatory standards will be placed on this well, but two baseline measurements will be completed prior to de -watering into SB-1. After de - watering starts, groundwater depth measurements will be collected from this additional well as part of the ongoing monitoring well program at the newly proposed H 1 mine. • KMM will monitor each of its monitoring wells on a semi-annual basis for depth to groundwater measurement targeting a wet season and dry season monitoring event. • KMM will analyze and contour the results of each round of groundwater monitoring and keep that information along with the monitoring data at the main office located at 1469 S. Battleground Avenue, Kings Mountain for mining operations inspections. 4. Provide assurance that the above data shall be kept on site and provided during mining operation inspections. • KMM will collect and maintain data generated as part of monitoring at the main office located at 1469 S. Battleground Avenue, Kings Mountain and it will be available for mining operations inspections. Please contact Peter Flynn, site manager, or Paul Manning, Senior Geologist, Kings Mountain Minerals — IMERYS, via email, for immediate response to any questions or comments on this letter. Their contact information is given below. cc: Mooresville Regional Office, Samar Bou-Ghazale, via email Paul Manning, Imerys, via email Dawn Whaley, Imerys, via email Roger Dancause, Imerys, via email Mr. Peter Flynn Site Manager Office: (704) 734-3605 Cell: (704) 300-3863 Email: peter. flyn n @01deas.com Mr. Paul Manning Senior Geologist Tel: (770) 645-3544 Cell: (678) 773-2064 Fax: (770) 645-3384 Email: paul.manniini_mes.com Si ely, David Crouse Senior Manager, Mining and Geology Imerys Performance Minerals 100 Mansell Court East, #300 Roswell, GA 30076 Daviderouse@imerys.com A " Division of Water Quality / Surface Water Protection RCDENRNational Pollutant Discharge Elimination System Npn„ Cmou Duvonwwrer Ewponrov N v Nffwt L Resma4cm NCG020000 NOTICE OF INTENT FUR AGENCY USG ONLY p:,ic Re�eiveS YCHY m m h Day Cci ificale of Coverage Check fJ Atmvnl a c Pmnii A+ igred w 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) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For existing mining sites that require an Authorization to Operate (A TO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC rp for to construction per 15A NCAC 2H .0138. Please see the NCG020000 General Permit for details abou treatment facilities require an ATC (summarized in Table i below). The authorization to construct or to operate will be issued at the same time as the Certificate of Coverage (COC) for the NGG02 permit. E f treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139, r Construction of wastewater treatment facilities subject to the ATC/ATO requirements In the NC mitt. at new orexisting mining sites requires submission of three (3) sets of plans and specifications V r� Page 1 of 9 rfj)n C C-' AS per 15A NCAC 2H .0106 '! 2Unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are q i �tp pe rm such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be sb sealed by a P,E. SWU-NCG02-NOI Last revised 1/15/2010 NCG020000 N.0.1. E a and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table 1: Summary of Wastewater Permit Requirements Quarterly Monitoring? Requires A to C? Mine Dewatering (MO) Yes No Yes No MD Discharges that do not need treatment other than E&SC to meet permit conditions MD Discharges that need treatment other than E&SC to meet permit conditions ✓ Process Wastewater Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process WW ✓ ✓ For questions, please contact the DWO Regional Office for your area. (See page 7) 1P, (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Owner Name KINGS MOUNTAIN MINERALS; INC. Owner Contact Street Address City Telephone No. E-mail Address PETER FLYNN P.O BOX 729 KINGS MOUNTAIN 704-734-3505 Peter. Flynn@calderys.com 2) Location of facility producing discharge: Facility Name KINGS MOUNTAIN MINERALS, INC. State NC ZIP Code 28086 Fax: 704-739-3731 Facility Contact TOM HOLMES Street Address ENCLOSED BETWEEN MARGRACE ROAD, DIXON DAIRY ROAD AND S. BATTLEGROUND AVE. City KINGS MOUNTAIN State INC ZIP Code 28086 County CLEVELAND Telephone No. 704-734-3505 Fax: 704-739-3731 Contact E-mail Tom.Holmes@imerys.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). SEE ATTACHED USGS TOPOGRAPHIC MAP 4) Latitude 35 11' 46.7" Longitude 81 24' 24.8" (degrees, minutes, seconds) Page 2 of 9 S W U-N0002-NO I Last revised I / 1512010 NCG020000 N.O.I. ® Permits: 5) This NPDES Permit Application applies to which of the following: ® New or Proposed Facility Date operation is to begin DECEMBER 2010 ❑ Existing ❑ New Permit not applicable — ATC request only. NPDES Permit Number N00020089 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:1459 7) Provide a narrative description of the types of minerals mined at this facility: MICA MINING 8) is this mine an inactive mine site? ® No ❑ Yes If yes, do you posses an "Inactive Renewal" from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No If No, please indicate the status of the Mining Permit application: ® ® Yes If yes, please provide the Mining Permit number: 23-03 Please also provide a copy of your DLR Mining Permit with this DWQ application. Note. DWQ cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? ❑ No ® Yes If yes, list the permit numbers for all current NPDES permits for this facility: NCG020089 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 12) Does total area of this mine site include ready -mix and asphalt areas? ® No ❑ Yes If yes, do they have DWQ stormwater permits (it owned by the same company)? ❑ No ❑ Yes (provide permit number^ ) If not awned by the same company, who is the owner? 13) Will this mining operation precede development activities at this site? ® No ❑ Yes O 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? ® No Page 3 of 9 SWU•NCG02•NOI Last revised 1115/2010 NCG020000 N.O.I. CJ 0 ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? ® No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge Points, Receiving Waters & Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, take, etc.) that the facility stormwater and/or wastewater discharges end up in? LONG BRANCH TO BUFFALO CREEK AND TO BROAD RIVER BASIN 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). NIA Receiving water classification (if known): WS-II1 Note: Discharge of process wastewater to receiving waters classified as WS-11 to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-1 or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 17) if your facility has wastewater discharges and they are to HWQ, PNA waters (Primary Nursery Areas) waters, what is the flow rate? N/A (See httpJlwww.ncdmf.neUmapsffNA mapslindex.html, for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsfte: Stormwater: 2 Mine dewatering: NIA Process Wastewater Overflow: NIA Otfsite: Stormwater: `NIA Mine dewatering: NIA Process Wastewater Overflow: NIA Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: TWO OUTFALLS ARE LOCATED ON THE PROPERTY. ONE OUTFALL (OUTFALL-001) IS LOCATED ON THE NORTHWEST OF THE PROPERTY AND THE RELEASE WOULD BE FROM A PROPOSED SEDIMENT EROSION CONTROL BASIN (SB-1). SIMILARLY, ANOTHER OUTFALL (OUTFALL-002) IS LOCATED ON THE NORTHEAST OF THE PROPERTY AND THE RELEASE WOULD BE FROM A PROPOSED SEDIMENT EROSION CONTROL BASIN (SB-2). a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No © Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site) x Other. (on -site or oft -site) Describe: ON -SITE SEDIMENT BASIN b) Are you dewatering but not discharging? (Answer only if you are dewatering) ® No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU•NCG02-NOI Last revisedi115/2010 NCG020000 N.O.I. C E4 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ® No ❑ Yes Nate: 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 Rion may be reguired,Qrior to coverage under this general permit. The Pumping O&M Plan should be submitted to the appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? ❑ No El Yes If yes, what distance are they from the mine pit perimeter? 255 feet. 21) Have you been required to obtain a 404/401 Certification permits? ® 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: 22) Have you been required to obtain a wetiand delineation certified by the US Army Corps of Engineers? ® No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? ❑ No ® Yes It yes, please briefly describe: SEDIMENT BASINS, SILT FENCES INTEGRATED CONTINGENCY PLAN-LCP fS + CONTROI WITH WATER IRI ICKS-ROCK-DAMS AS DEEMED NECESSARY — 24) Does this facility have a Stormwater Pollution Prevention Plan? ❑ No ® Yes If yes, when was it implemented? 2006 25) Will vehicle maintenance activities occur at this facility? ® No ❑ Yes Page 5 of 9 SW U-NCG02-NOI Last revised111512010 NCG020000 N.O.J. 46 Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATCIATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or protect water quality standards). ® No ❑ Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed -loop recycle system) ® No ❑ Yes If yes, answer the following questions for each wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? ® No ❑ Yes It so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219') Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ® No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes c) Is this Facility a Barge Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Page 6 of 9 SWU-NCO02-NOI Last revised1115/2010 NCG020000 N.O.I. How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 30) Are you applying for a mining permit in the same location as a previously permitted mine? ❑ No © Yes If yes, specify permit number and name if known: 23-03 31) Does your site have an active landfill within the mining permit boundary? ® No ❑ Yes If yes, specify type: ❑ LCID ❑ Other; 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. N/A ❑ No ❑ Yes Final Checklist: This application will be returned as incomplete unless all of the following items have been Included and initialed tor. Please show that the following required information has been included by initialing in each space below. X Fee of $100 made payable to NCDENR X Completed application and all supporting documents X Copy of the valid approved mining permit (MP) for the facility or indication of MP application status X Copy of a county map or other general location map that shows the mining site and nearest major roads X Copy of USGS topographic reap showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc- 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated X A copy of your DLR mining permit NIA A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above. NIA if mine site is in one of the 20 Coastal Counties, • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. X 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 prior to NCG02 issuance. 2 copies of detailed Full Size Plans delineating areas on the fans and iistin acre a (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controlsBMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). Well information (design, depths, maintenance) Physical monitoring for the wetlands areas Settling pond sizing information, if applicable Page 7of9 SWU-NCO02-NOI Last revisedi11512010 NCG020000 N.Q.f. 0 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- x I will not any Impact nearby wetlands, surface waters or groundwater by dewatering. It an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing olf-site, the plan must show that stormwater will not be mixed with wastewater.. 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 tine not to exceed ten thousand dollars ($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 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. Page 8 of 9 SWU-NCG02•NOI Last revised111512010 NCG020000 N.O.I. 1 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: Title: 4-n c2 r (Aq, 9fn (Signatur r nt) (0'atdt Signed) Notice of intent must be ccompanied by a check or money order for $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. ® For questions, please contact the TWO Regional Office for your area. 0 DWQ Regional Office Contact Information: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 795-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 807-6300 Page 9 of 9 SWU-NCG02-NOI Last revised1/15t2010 FIGURES ® Figure 1— USGS Topographic Map Figure 2 — Site Map Showing Stormwater Discharge Outfalls Location 0 Print Date: 10/03/10 Map Center: 0350 11' 48.52" N 0810 241 23.13" W Scale)): 1 inch = 2,000` ft. Horizontal Datum: NAD27 to ;. ' • 01 jj '� 213!. Ej7j d221) VI�9• ,�-.�,,�.� :,. T J�l r O � (. r • O •...R i Al jA X, 3 r _ = r 1 { C4 Jract Z \ n \� ?r =' ��1 Arc ' •\ �' ate f fir"" • \ Z Ilk ��-- . f Dedination •w• •\_. . ! � o -:•/ MN 6.88° W 081° 25, l��� R f�rir+�C\'-z. Ste— �..1�.f •'+` 9l•n� � 0.00" W 081" 24' 0.00'• W 081° 24' 0.00" W 081° 23' 0.00" W SCALE I24000 SITE LOCATION MAP KINGS MOUNTAIN MINERALS INC. 0 1000 2000 H1 SITE YARDS FIGURE -1 JOB NO. 1097.005 AV IMERYS, SunTrust 64-79 .100.Mans'ellct.iE#300 -SOrpsi 6ank: AtWni or 611 . 6Sii.Tn,Q M* Check Dale Check Number Rdswdl; GA 36U�i z 08/3112010 3500001848 Pay I his Amount us Funds W S*****100.00 �A NERUNDRED-AND Noll 00 DOLL'A'RS '.A To THIS O'DiR ..0 .z,..State. UNorth 'Carolina DENT, - Water Quality. Division V : '1617:MAII S' I TORE Z - kaici27694' iihv.,� NC. 617. o 5113NATURE .:'-,AUTHORIZED fill 3 SOOOO M E RYS Check No. Date Vendor Roswell, GA 3500001848 08/31/2010 State of North Carolina Vendor No. 13199 Invoice Invoice Net Number Date Voucher Number Gross Discount Description Amount Amount Amount CKR08/25/1OA 08/25/2010 201001693 APPLICATION FEE 100.00 0.00 100.00 TOTAL 100.00 0 00 100.00 U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: SAW 2010-01173 County: Cleveland NO DF..PA.RTMENT OF THE ARMY AUTFIORIZATION REQUIRED Property Owner: King, Mountain Minerals. Inn. Attn: Dawn Whalev Address P.O. Box 729 KinpS_Mountain, NC 28086 Telephone Number 805-737-1248 - Applicant: Chalam 1'akala Ene. and Inv Attn: Chuck Pakala Address 10017 AIIvson Park Ur. Charlotte. NC 28277 Telephone Number 704-541-4042 Sire and Location of Properh° (waterbo&r Hip_hway name/number, town, etc.): The project Ideation is located at the Kings Mountain Minerals-H-1 Site in Kings Mountain, Cleveland County, NC:. The site is located off Dixon dairy, koad and Margrace Road near Highway 29. The site includes and Unamcd Tributary to Lon- Branch in the Upper Broad River Basin. Coordinates in Decimal Degrees are: 35. 196305 N_-81.406988 W. Description of A'ctiVity: The Applicant proposes to expand an existing mining operation. The proposed e.r•pansion site does contain a UT to Long Branch. According to construction pltrns submitted on 20 OCT 10, with grading limits shown, the mining expansion will exclude impacts to the above referenced stream. Your work as proposed sloes not require Department of the Army authorization for the following reason(s): There are no jurisdictional waters or wetlands within the boundaries of the property. X The proposed project does not impact jurisdictional waters or wetlands. The properseil project is exempt from Department of the Armr regulation. (Specify).. - This Department of the Army determination does not relieve the perm.ittee of the responsibility to obtain any other required- Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Any changes in the alcove described work must be coordinated r%rith the Corps of Engineers prier to commencement. If you have any questions regarding the Corps of Engineers regulatory pro -ram, please contact Tvler Crumble y at telephone number 828 271-7980 exiansion 232 Regulatory Project.,Manager Signature Date: 21 Octobei;, 010 Expiration Date NIA SURVEY PLATS; CONSTRUCTION PLAN, FIELD SKETCH., WETLAND DELINEATION FORM, ETC'., MUST 13E AT,rACHED TO THE YELLOW (FILL:) COPY OF THIS FORM, IF REQUIRIA) Olt AVAILABLE. CF: Agenlr Chalarn Pakala Murphy -Brown 11c SPCC Monthly Facility Inspection Checklist DG._ of Inspection: ;12.' ?�"4'. _ Please indicate an "S", "NA", or "U" for each line item: Time of lnspection:_ . L%�' �'��' S = Satisfactory NA = Not Applicable <l`'/. // f—' U = Unsatisfactory — Repair or Adjustment Required Any item "U" a comment Signature of Inspector: c.4= receiving a requires indicating action taken in section provided below. Indicate Area or Tank Being inspected: Containment walls and foundation are intact a, c m m E Drainage valves are closed and locked •C No visible oil sheen in containment area U U No standing water in containment areaco `] Containment area is free of trash and debris S S e� Tank surfaces checked for signs of leakage S ti ti Tank condition good (no rusting, corrosion, � 0 ittin 5 0 Bolts, rivets, or seams are not damaged ( `j N Tank foundation intact O e C Level gauges working properly (excludes farms) o ~ Vents are not obstructed (Double-walied tanks) ri No leaks from hoseslnozzlesl valves/ 5 flanges/gaskets Containment walls are intact Hoses and nozzles are locked when not in use No Icaks from tanks to receiving equipment S ' N � � No corrosion damage to pipelines or supports 9 P P ' PA 5 �. �; c Out -of -service pipes capped — Borriers are in place to protect pipelines S No leaks at valves, flanged, or other fittings Warning signs posted 5 ti j No leaks in hoses S / O c 'N U Drip pans not overflowing o " - Caich bEjsins free of contamination � /� ���- � ���� y /y/X•.. Conl�Iirlment curt,inq or trenches intact 5' 5 Connections are capped or biank-flanged S � �" ' Spill kit has all contents according to plan 5 �' � S - i-irlhting is working properly Comments/Action Taken: IMERYS KINGS MOUNTAIN MINERALS, INC. P. O. Box 729 Kings Mountain, NC 28086 10/18/10 Mr. Tyler Crurnbley Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RE: "No Permit Required" Status Determination Dear Mr, Crumbly: Kings Mountain Minerals(KMM), a member of Imerys, is hereby requesting a determination of"No Permit Required" for the designated jurisdictional waterways located on the 1-11 Mining Site in Cleveland County, NC. As determined by both the independent evaluation, and you2, the portion of the waterway determined to be jurisdictional yet not of significant "importance" will not be impacted by the mining activities. A site plan (attached) demonstrates the proposed activities and the buffer'zone of 50 feet. At this time, there are no plans to disturb this area. Should plans change, KMM will notify your office and proceed as directed. KMNS will perform regular inspections of the buffer zone area to ensure that the waterway will not be impacted. We look forward to receiving the "No Permit Required" designation from your office in a timely manner. If you have any questions, please do not hesitate to contact nic at 704-734-3616. With thanks and regards, &0M Dawn Whaley E1-IS Manager t See Attachment 2, report from Mr. Wendell Overby of Soil and Environmental Consultants, PA Reference site inspection by Tyler Crurnbley on August 30. 2010, and subsequent email (Attachment 3) 10/18/10 Letter to AWE RH: No Permit Required Page 1 Soil & Environmental Consultants, PA 11010 Rnvt7n Ridge Rwid • RAtigh, ;North Carolina 27614 - Phi}nc (704) 720-040t • Cell: (70J) 2 317.2001 W11NIV.S,unit3C.CcmI Art2u1-,t 16, 2010 Job 4 1 1507w I CP hncincerim-, & Environmental Solu6011S Ami: Chuck Pakala 10017 Ailyson Park Drivc. Charloitc, NC; 28277 Re: 1Vetl;rrtcland Stream Delineation Ibr. H-I Site Kin,gs Nfounlain Site (90 acres) Dear iMr. Pak;rla: Soil & l:nvironnrC:ntal Consultants. PA (S&.130 hits performcd detailed wetland delineation mid Stream idc.ntiiication on a 90-acl-c proPC:rty (Kings MOL111tain \Minerals —1-1-1 Site) in. Kings NlounUun. Cleveland County, tVC. Thu propetly is located between Dixon Dairy Road and 1-I1211way 29 near King, NIOUntain. Fiprc I shows the approximate I1oclridatics of -the evaluated 1wiTerty (In the `'Gruver.. USGS topp"raphic cluadrarl0e. 'E.x ?Cti'nvi-..7t)MNIARY We have dC€er'ntined 011C jurisdictional :ctrearn channel exists on the subject property. The approxinI tC extent; ol'the stream are shciwn oil the ill tached sketch nmp. "I'hc stream exhibits both Perennial and interniittent characteristics as cIctern lined via the: trse, of INC Division nl' Wmcr Qtrtlily (MVQ) S11-CM11 IdCntification Form Version 3.1. No ether jurisdictional streams or wetlands ware identif:cd On the subjOcl Property. If., impacts to the tla-ed feature are proposed, p.ernrits may be required from the US Army Corps of En�tineers (USACE) and NC Division of' 1N'ttter Quality (D`VQ). Please rder to the sketch neap and thr reSultS and re-COnrrnCII&Oinns section below for magi: detailed irtftar'maltion. SCOPE' 01 1VORK C)ur Welland cutd Su'eanr delineation involved reconnaissance ctf the subject props rty in which Ow Soil,,, and hvdralogy "ere Cvalualed using procedures clescrihcd in the Corps o E."Iwinecrti Wetlands Delineation \Manual .l;ulrlary 1987 -- f"inal Repot-Cl. In thuse arc;ts where positive indicators of hvdric sail;, evidence of wetland hydrology and hydrophylic vcgclallon oCCur: wetland boundaries are marked via lla�. olm--,. Fla-,cd areas are either located via GPS or approxirmttcly sketched onlc, a ha.,r Site mall. Prt}of of wCtlancl hydrology occur~ via the existence ot, hydric sails with oxidized root channels in the upper 12 inches of the "A-- Iml-IX011, wa(cr horne deposits- drift Iincs- scour marks, cira6na4,e paiterns, regional Indicators. ol' soil Attachment 2 Jurisdictional Waterway Report 10/18/10 Letter to ACOE RE: No Penn it Required Page 3 saturation, Cie. Surface waters such as stream clMlInCIS arc also stlbjee( 10 re.Milation by the USACE as Seaters of the. US. Streams nmy also be referred to as jurisdictional waters It) indicate tile), arc withill the jurts'dictioll of the USACE. SurNce vouers on the properly How to Long Branch. A review of'tile 1:2- 000 [ISGS lovimgmphic yu.uf depicts one unnamed tributary un the property. Long, Branch is classified by the DWQ as class C tvale.rs (non -impaired) in the Broad River Basin. The dralna-c arias on the property were evaluated for the presence of %vellands find streams. Based on our evalnii6on, a jurisdictional stream wits identified within the largest drainage area (see attached Site TOPO V1ap). The jurisdictional stream was flaggecl in the field tising, sequentially -numbered, fink S&EC logo tape. Adore specifically fla;,;s numbered I thrraugh 15 w re used to mark the extent of the jurisdictional swans. Based on the results we obiahad utiing the: DWQ stream identification form (Ver 3.1) a portion or the stream labeled by f1;ggs- 01 lhrclugh 06 ums identified as perennial. In addition, salanlailders were identified within that particular section or the stai:anl as «ell. Upsu and of Hag #6, the stream was L1etel'tllined IntClIlllttent by use of tlic DNVQ stream idemificMion fnrrn. No cidwr mlands or judsclietional %voters were And withitl the j)1- jW boL1ll&WieS ofthC SLI jest facility. The attached sketch map depicts the approximmc loemion of the Ilag,ged stream. Most of tlic MI'4alll fhl�"; Wei-C IE7CS11Cd in the field via Gf'S teC1111UDueIn�VDueto) 'UXk lhti apptIZlate Ilatllrt of the neap and GPS data, we recommend havhg site Ago; surveyed 1or increased iICCUracy as welt as for planning, puiposes. if desired. a field survey for stream and welland delineattrnl can he~ prepared and subinitted to the USACE for approval. 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Inc. .4, Attachment 3 Email Correspondence via KMM and Mr.Crumbfey 10/18110 Letter 10 ACOE: RE: No Permit Required Page 4 ----- Original Message ----- From: "Crumbley, Tyler SAW" <Tyler.Crumbley@usace.army.mil> To: "Crumbley, Tyler SAW"<Tyler.Crumbley@usace.army. mil>; "Chalam Pakala" <cvpakala@carolina.rr.com> Cc: <paul.manning@imerys.com> Sent: Thursday, September 16, 2010 1:55 PM Subject: RE: ,jurisdictional waters review in KMM-H1 Site Chuck and Paul, As a follow up from our phone conversation: In the field, I considered the stream in question to be jurisdictional from flag 15 downstream to the property line_ I did not, however, consider the stream to be of significant "importance" thereby deeming the stream to be non-mitigable throughout the reach on the property. A permit will still be required for any impacts to the feature, and all avoidance and minimization efforts must be taken and shown to ensure compliance with Clean Water Act regulations. Once again, the next step in the process is to provide this office a copy of the Preconstruction Notification with plans showing any UNAVOIDABLE impacts, or a request for a No Permit Required (if -no impacts are proposed). Tyler Crumbley Regulatory Specialist Asheville Regulatory Field Office US Army Corps of Engineers - Wilmington District 151 Patton Avenue, Room 208, Asheville, NC 28801 Tel: (828) 271-7980 Fax: (828) 281-8120 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at- htto://per2.nwp.usace.army.mil/survey.html Thank you for taking the time to visit this site and complete the survey. -----Original Message ----- From: Crumbley, Tyler SAW Sent: Wednesday, September 08, 2010 5:35 PM To: 'Chalam Pakala' Subject: RE: Jurisdictional waters review in KNMM-HI Site Chuck, Per our discussion in the field and in the office, I agreed with the jurisdictional determination made by your environmental consultant and this email shall serve as an official agreement with the jurisdictional location calls made by Mr. Wendell Overby and noted in the report from S&EC dated August 15th, 2010. The next step in the process is to either submit an application for any unavoidable impacts, or to submit a request for a No Permit Required letter with grading limits shown outside of the feature, The Approved Jurisdictional Determination will be completed with either the NWP or the NPR ... (preferably a NPR request). Thank you. -Tyler Tyler Crumbley Regulatory Specialist Asheville Regulatory Field Office US Army Corps of Engineers - Wilmington District 151 Patton Avenue, Room 208, Asheville, NC 28801 Tel: (828) 271-7980 Fax: (828) 281-8120 E ATTACHMENTS 0 COPY OF THE EXISTING MINE PERMIT (23-03) NC DENR WATER CLASSIFICATION LIST FOR BUFFALO CREEK r NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary 0 November 25, 2008 Ms. Susan B. Radcliffe Kings Mountain Minerals, Inc. PO Box 729 Kings Mountain, North Carolina 28086 RE: Mining Permit No. 23-031 Moss-Neisler Mine Cleveland County 1 Broad River Basin Dear Ms. Radcliffe: Your request to have the above referenced mining permit, issued to Kings Mountain Minerals, Inc,, transferred in, its entirety to your company has been approved. The permittee has remained the same but them has been a change in the parent company from Zemex Minerals Group, Inc. to Imerys USA, Inc. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. As a reminder, your permitted acreage at this site is 753.92 acres and the amount of land you are approved to disturb is 381.03 acres. 1612 i'viail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27504 An EquaE Opportunity 1 Affirmative .action Employer - 50% Recycled 11K, 7- st Consumer Paper Ms. Radcliffe November 25, 2008 Page 2 Again, if you should have any questions regarding this matter please contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIar Enclosures CC" Mr. Zahid Khan Mr. Bradley Bennett-DWQ, wlenclosures Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures E 0 u 0 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Kings Mountain Minerals, Inc. Moss-Neisler Mine Cleveland County - Permit No. 23-03 for the operation of a Mica and By -Products Mineral 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: April 5 2015 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 perrnittee`s successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications June 12. 1979: This permit has been modified to include an additional 465 acres identified as the Neisler and U.S. Gypsum Corporation Tracts, September 20. 1981: This permit has been renewed and transferred from Kings Mountain Mica Company, Inc. to KMG Minerals, Inc. May 16 1994: This permit has been modified to include the changes to the operation as indicated on the revised mine maps, Sheets 1 through 17 of 17, dated March 9, 1994, October 14, 1994: This permit has been transferred in its entirety from KMG Minerals, Inc. to Franklin Industries, Inc. 0 Page 3 March 10, 1997: This permit has been modified to incorporate Mining Permit No. 23-10 (Hawks Mine) in its entirety and to add the Archdale Tract as indicated on the mine map last revised February 11, 1997, November 19, 1998: This permit has been modified to allow test blasting to be conducted at the Hawks Mine as indicated on the 8 X! by 11 inch section of the mine map received by the Land Quality Section on October 15, 1998 with stipulations. May 12, 1999: A partial release has been granted to release Tract No. 1, Tract No. 3, Tract No. 4, and Tract No. 5 from the permitted and affected acreage at this site. Tract No. 2 was previously released. March 6, 2000: This permit, issued to Franklin Industries, Inc., has been transferred in its entirety to Oglebay Norton Specialty Minerals, Inc. January 8, 2.00.1__ This permit has been modified to increase the permitted acreage to 753.92 acres and increase the affected acreage to 381.03 acres as indicated on the Moss Mine's No. 1 & No. 2 Mine Map last revised November 30, 2000 and the Archdale Mine - East Mine Map last revised August 21, 2000. This modification includes a 2.0-acre stockpile/excavation area on the 4.19-acre addition (the McIntosh Addition) and a 1.03-acre mine area that will be converted to a waste storage area on the 1.03 acre addition (the t.andstar Addition). July 1, 2005: This permit has been modified to have the corporate name changed on the mining permit from Oglebay Norton Specialty Minerals to Zemex Industrial Minerals, Inc. April 2 2008: This permit has been transferred in its entirety from Zemex Industrial Minerals, Inc., to Kings Mountain Minerals, Inc. Expiration Date This permit shalt be effective from the date of its issuance until April 5, 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: Wastewater and Quarry Dewaterinq 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. 11 r❑ Page 4 B. Any storm water 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 Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. 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. B. Sufficient buffer (30 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. C. All buffer zones shown on the Moss Mine's No. 1 & No. 2, Neisler Mine's No. 1, No. 2, & No. 3, Hawks Mine, and Archdale Mine -East mine maps all received by the Land Quality Section on January 14, 2008, and the West Archdale Mine Map received by the Land Quality Section on March 11, 2008 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. D. An undisturbed buffer zone of 25 feet along both sides of the gas line located near Concept Drive on the Neisler 1 and 2 Tracts shall be maintained. In addition, ail excavated slopes adjacent to the buffer zones along the gas line shall be maintained at a 2-foot horizontal to 1-foot vertical or flatter slope. 7 Page 5 0 4. Erosion and Sediment Control 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 mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Moss Mine's No. 1 & No. 2, Neisler Mine's No. 1, No. 2, & No. 3, Hawks Mine, and Archdale Mine -East mine maps all received by the Land Quality Section on January 14, 2008, and the West Archdale Mine Map received by the Land Quality Section on March 11, 2008, and the Erosion & Sediment Control Details Drawings 1 and 2, dated February 11, 2005. C. Appropriately designed erosion and sediment control measures shall be installed and maintained, as necessary, below the previous United States Gypsum plant area to prevent off -site sedimentation. D. Appropriately designed diversions and chute spillway shall be provided and maintained, as necessary, to control surface drainage on the fill area between the plant area and Interstate 85. E. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. F. The surface water runoff from the 2.0 acres stockpilelexcavation area on the 4.19 acre addition to the Moss Mine's No. 1 & No. 2 tract and the 1.03 acre mine area that will be converted to a waste storage area on the 1.03 acre addition to the Archdale Mine — East tract shall be diverted internal to the mine excavation or into existing sedimentation and erosion control measures to prevent off site sedimentation. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 0 E F Page 6 6. Graded Slol2es and Fills A. 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 groundcover, devices or structures sufficient to restrain such erosion. i. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul, Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A_ Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. -.>.a 5], O•$ f7 � r7 f 0... caC ih r:,& ctc.-t1 Fra_�.._ pr"i=v. 6-!c_ "�:...][Id'"i.._,l-: �-�'r P;7 T�.t�a'J �`?'.. s..W:if';,?:'y:"-'V:.l .:.A.�:f.'7 `..' i:1 •.•1.'s r',.I '...a �'� ...�,. .� ... ..� E Page 7 B. Ground Vibration Without Monitoring - In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DID,)' Ds =D ire r V = 160(DS)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or teased by the mine operator (feet). DS = Scaled distance factor. V = Peak Panicle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz_ _ in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/W0.33)-3.2 0 To convert U (psi) to P (dBL): Page 8 P = 20 x log (Ul2.9x10-9) Confined Air blastlOverpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blastioverpressure shall not exceed 129 decibels, for the purposes of this Section. P. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. FIVrock Prevention:_ The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 9 QH. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. 0 J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. K. The test shots in the Hawks Pit shall be conducted as indicated on the 8'/z by 11 inch section of the mine map and related correspondence received by the Land Quality Section on October 15, 1998 with the following stipulations: 1. the test shall be limited to two shots, 2. the above blasting conditions shall be followed for the test shots, and 3. the blasting consultants shall submit to the Land Quality Section two copies of the seismograph recordings and blasting records, including any conclusions made, shortly after completion of the test. L. A modification shall be submitted to and approved by the Division of Land Resources prior to incorporating blasting activities into the routine mining activities at the site. Prior to submitting the modification request, a meeting shall be conducted as described in the additional information letter from Ms. Judy Wehner dated October 19, 1998. n U Page 10 (01 9. High Wall Barrier A physical barrier consisting of chain link fencing, vegetated earthen berms. 4-strand barbed wire fencing (a minimum 4-feet high), or large boulders placed end -to -end shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms and other acceptable screening shall be located and maintained as shown on the Moss Mine's No. 1 & No. 2, Neisler Mine's No. 1, No. 2, & No. 3, Hawks Mine, and Archdale Mine -East mine maps all received by the Land Quality Section on January 14, 2008, and the West Archdale Mine Map received by the Land Quality Section on March 11, 2008, Berms shall be constructed a minimum five foot high with a 16 foot top width and a minimum two horizontal to one vertical or flatter side slopes. C. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the. revisions. B. A modification request shall be submitted to and approved by the Division of Land Resources prior to incorporating blasting activities into the routine mining activities at the site. Prior to submitting the modification request, a meeting shall be conducted as described in the additional information letter from Ms. Judy Wehner dated October 19, 1998. 0 Page 11 0 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971); 1. on -site generated land clearing debris Z conveyor belts ® 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report 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. 0 Page 12 0 14. Bo_ ndinq The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket 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. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. 0 Page 13 0 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 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronornic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining_ RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2_ The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 14 A. Overburden shall be used to slope all side slopes of the mine excavation in unconsolidated material to a 1 '/z horizontal to 1 vertical or flatter slope on the Moss Tract and United States Gypsum Tract and to a 2 horizontal to 1 vertical or flatter slope on the Neisler, Hawks, and Archdale Tracts. B. All lakes shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. C. The side slopes of the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter above the water level and 1 1/2 horizontal to 1 vertical below the water level. D. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12D. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. Ben Robinson, NRCS District Conservationist dated April 12, 2004. 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. 11 Page 15 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extant 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 Kings Mountain Mica Company, Inc. ,July 26, 1972, modified June 12, 1979, renewed and transferred in its entirety to KMG Minerals, Inc. September 20, 1981, renewed and modified May 16, 1994, transferred in its entirety to Franklin Industries, Inc. October 14, 1994, modified March 10: 1997, November 19, 1998, and May 12, 1999, transferred in its entirety to Oglebay Norton Specialty Minerals, Inc. March 6, 2000, modified January 8, 2001, renewed April 5, 2005, and modified July 15t 2005, is hereby transferred in its entirety to Kings Mountain Minerals, Inc. this 2n0 day of April, 2008 pursuant to GS 74-51. 13y: y James D. Simons, Director ff Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources ILI Name of Stream Description Curr. Class Date Basin Stream Index # Pheasant Creek From source to Brier C;Tr 08/01/98 Broad 9-50-8-2 Creek Mountain Creek From source to First C 08/01/98 Broad 9-50-9 Broad River Diller Branch From source to Broad C 08/03/92 Broad 9-51 River Bcween River From source to North C 03/01/63 Broad 9-52 Carolina -South Carolina State Line Wylies Creek From source to North C 08/03/92 Broad 9-52-1 Carolina -South Carolina State Line Buffalo Creek From source to a point WS-III 08/03/92 Broad 9-53-(1) 0.3 mile upstream of Long Creek Buffalo Creek From a point 0.3 mile WS-III;CA 08/03/92 Broad 9-53-(2.9) (Kings Mountain upstream of Long Creek Reservoir) to dam at Kings Mountain Reservoir, Buffalo Creek Buffalo Creek From dam at Kings C 08/03/92 Broad 9-53-(5) Mountain Reservoir to North Carolina -South Carolina State Line Little Creek From source to Buffalo WS-III 08/03/92 Broad 9-53-1.3 Creek Glenn Creek From source to Little WS-IIi 08/03/92 Broad 9-53-1.3-1 Creek Lick Branch From source to Buffalo C 09/01/74 Broad 9-53-11 Creek Little Buffalo From source to Buffalo WS-III 08fO3/92 Broad 9-53-2 Creek Creek Long Branch WS-III 08/03/92 Broad 9-53-2.3 dram source to Buffalo Creek Suck Creek From source to Buffalo WS-III 08/03/92 Broad 9-53-2.7 Creek Long Creek From source to a point WS-III 08/UM Broad 9-53-3-(1) 0.3 mile upstream of mouth Long Creek From a point 0.3 mile WS-111;CA 08/03/92 Broad 9-53-3-(2) upstream of mouth to Buffalo Creek Whiteoak Creek From source to a point WS-III 08/03/92 Broad 9-53-4-(1) 0.7 mile upstream of mouth Whiteoak Creek From a point 0.7 mile WS-111;CA 08/03/92 Broad 9-53-4-(2) upstream of mouth to Kings Mountain Reservoir, Buffalo Creek Muddy Fork From source to Buffalo C 09/01/74 Broad 9-53-6 Creek Gilliam Creek From source to Muddy C 03/01/77 Broad 9-53-6-1 Fork Page 6 of 7 2010-08-21 07:1156 Chalam Pakala Engineering and Environmental Solutions 10017 Allyson Park Dr., Charlotte, NC 28277 Tel/Fax (704) 541-4042 / 541-4043 October 4, 2010 Mr. Bradley Bennett, Stormwater Permitting Unit Supervisor NC DENR — Wetland and Stormwater Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: NPDES Stormwater General Permit NCG020000 Application for Kings Mountain Minerals — H 1 Site tzzj o 1469 S. Battleground Avenue n Kings Mountain, Cleveland County, North Carolina CPEES Project No. 1095-005 -j o I Dear Mr. Bennett: On behalf of Kings Mountain Minerals, Inc. (KMM), CP Engineering and Environmental ® Solutions (CPEES) is pleased to submit the attached NPDES Stormwater General Permit, NCG020000, application required for the proposed KMM H 1 mining site located in 1 Kings Mountain, Cleveland County, North Carolina. The proposed mining site (H1 Site) is surrounded by Margrace Road on the east, Dixon Dairy Road on the north, private properties on the west and S. Battleground Ave., on the south (Figure 1). KMM conducts their mining operations under the standard industrial classification, SIC 1459 and therefore, requires a NPDES Stormwater General Permit to meet the State stormwater general permit regulations. No process wastewater or recycled water will be generated at the proposed site. In addition, no hazardous waste will be generated at the site. The KMM facility has been mining in the vicinity for the last 20+ years. A mining permit (Permit No. 23-03) and a NPDES General Permit, Certificate of Coverage (COC), NCG020089 was issued by North Carolina Department of Environment and Natural Resources (NC DENR) Division of Land Quality (DLQ) and Water Quality (DWQ), respectively, to operate the mine at this location. The expiration date of the current mining permit is April 5, 2015. A mining permit modification request application was submitted to the NCDENR — DLQ to include the proposed H 1 site. Necessary Erosion and Sediment Control Plans were prepared and submitted to the State along with the mine permit modification application. Two stormwater discharge outfalls (Outfall-001 and Outfall-002) were identified at the site and they were associated with the proposed ® Erosion and Sediment Control ponds. The locations of the proposed Erosion and Sediment Control Ponds along with outfalls and the proposed areas of mining, stock pile storage locations, and haul roads are shown on Figure ' ,j (attached with this letter) of the Mine Permit Modification Application. E The Stormwater General Permit Application package includes: • NPDES General Permit, NCG020000, Notice of Intent (NOI) Application; • USGS Topographic Map showing the Site Location; • Site Map showing Proposed Mining Activities, Stockpile Areas, Erosion and Sediment Control Ponds with outfall locations; • Current Mine Permit; • Buffalo Creek Classification sheet obtained from the NC DENR web pages; and • A check for $100 made payable to NC DENR. It is my pleasure to complete this important project for Kings Mountain Minerals, Inc. and please call me at (704) 541-4042 if you have any questions or comments on this permit application package. Respectfully submitted, CP Engineering and Environmental Solutions (A Cost Effective Solution Provider for Manufacturing) Chalam V. Pakala, P.E. Registered # 19807 Managing Principal SEAL Y 19807 0 s V V. pP. U n NCG020000 NOTICE OF INTENT (NOI) APPLICATION FOR NPDES STORMWATER GENERAL PERMIT Chalam Pakala Engineering and Environmental Solutions ]k 10017 Allyson Park Dr.. Charlotte, NC 28277 Tel/Fax (704) 541-4042 / 541-4043 October 4, 2010 Mr. Bradley Bennett, Stormwater Permitting Unit Supervisor NC DENR — Wetland and Stormwater Branch 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Re: NPDES Stormwater General Permit NCG020000 Application for H1 Site Kings Mountain Minerals — H 1 Site 1469 S. Battleground Avenue Kings Mountain, Cleveland County, North Carolina CPEES Project No. 1095-005 Dear Mr. Bennett: On behalf of Kings Mountain Minerals, Inc. (KMM), CP Engineering and Environmental Solutions (CPEES) is pleased to submit the attached NPDES Stormwater General Permit, NCG020000, application required for the proposed KMM H 1 mining site Iocated in ' Kings Mountain, Cleveland County, North Carolina. The proposed mining site (HI Site) is surrounded by Margrace Road on the east, Dixon Dairy Road on the north, private properties on the west and S. Battleground Ave., on the south (Figure 1). KMM conducts their mining operations under the standard industrial classification, SIC 1459 and therefore, requires a NPDES Stormwater General Permit to meet the State stormwater general permit regulations. No process wastewater or recycled water will be generated at the proposed site. In addition, no hazardous waste will be generated at the site. The KMM facility has been mining in the vicinity for the last 20+ years. A mining permit (Permit No. 23-03) and a NPDES General Permit, Certificate of Coverage (COC), NCG020089 was issued by North Carolina Department of Environment and Natural Resources (NC DENR) Division of Land Quality (DLQ) and Water Quality (DWQ), respectively, to operate the mine at this location. The expiration date of the current mining permit is April 5, 2015. A mining permit modification request application was submitted to the NCDENR -- DLQ to include the proposed H 1 site. Necessary Erosion and Sediment Control Plans were prepared and submitted to the State along with the mine permit modification application. Two stormwater discharge outfalls (Outfall-001 and Outfall-002) were identified at the site and they were associated with the proposed Erosion and Sediment Control ponds. The locations of the proposed Erosion and � Sediment Control Ponds along with outfalls and the proposed areas of mining, stock pile storage locations, and haul roads are shown on Figure 19 (attached with this letter) of the Mine Permit Modification Application. E C II The Stormwater General Permit Application package includes: • NPDES General Permit, NCG020000, Notice of Intent (NOI) Application; • USGS Topographic Map showing the Site Location; • Site Map showing Proposed Mining Activities, Stockpile Areas, Erosion and Sediment Control Ponds with outfall locations; • Current Mine Permit; • Buffalo Creek CIassification sheet obtained from the NC DENR web pages; and • A check for $100 made payable to NC DENR. It is my pleasure to complete this important project for Kings Mountain Minerals, Inc. and please call me at (704) 541-4042 if you have any questions or comments on this permit application package. Respectfully submitted, CP Engineering and Environmental Solutions (A Cost Effective Solution Provider for Manufacturing) Chalam V. Pakala, P.E. Registered # 19807 Managing Principal O ••'��cs81o�!.��3+ 0 • Z� QQ SEAL 19607 J'OJYJ(O E NCG020000 NOTICE OF INTENT (NOI) APPLICATION FOR NPDES STORMWATER GENERAL PERMIT u 1t 1 - WA71 RCDENR ri�no�Mfw, _0 NRtl - Rcsoln+C[] NOTICE OF INTENT Division of Water Quality / Surface Water Protection National Pollutant Discharge Elimination System NCG020000 FOR AGENCY USE ONLY Date Reverved You Monet D� cenificale (r 0)F>e Chick N Amcwm Pcrnat AsaigRed 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 NPOES general permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (ATC) wastewater treatment facilities: This N01 is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For existin mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or Installation of antr new treatment components at an existina site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle wastewater at mining sites will require an ATC rP for to construction per 15A NCAC 2H .0138. Please see the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 below). The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Construction of wastewater treatment facilities subject to the AMATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed Page 1 of 9 'As per 15A NCAC 2H .0106 Unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), playas and specifications rnust be signed and sealed by a P.E. SWU-NCG02-NOI Last revised 1115/2010 NCG020000 N.O.I. and sealed by a Professional Engineer (P.E.) or qualified staff along with this application. A copy of the [design calculations should be included. Please see questions 18 & 19. Table 1: Summary of Wastewater Permit Requirements Quarterly Monitoring? Requires A to C? Mine Dewatering (MD) Yes No Yes No MD Discharges that do not need treatment other than E&5C to meet permit conditions ✓ ✓ MD Discharges that need treatment other than E&SC to meet permit conditions ✓ ✓ Process Wastewater Other Recycle ✓ ✓ Closed Loop Recycle ✓ ✓ Any Other Process WW ✓ ✓ VFor questions, please contact the DWQ Regional Office for your area. (See page 7) (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Owner Name KINGS MOUNTAIN MINERALS, INC. Owner Contact 46 Street Address City Telephone No. E-mail Address PETER FLYNN P.O BOX 729 KINGS MOUNTAIN 704-734-3505 Peter.Flynn@calderys.com 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. Contact E-mail State NC ZIP Code 28086 Fax: 704-739-3731 KINGS MOUNTAIN MINERALS, INC. TOM HOLMES ENCLOSED BETWEEN MARGRACE ROAD, DIXON DAIRY ROAD AND S. BATTLEGROUND AVE. KINGS MOUNTAIN State NC ZIP Code 28086 CLEVELAND 704-734-3505 Fax: 704-739-3731 Tom.Holmes@imerys.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). SEE ATTACHED USGS TOPOGRAPHIC MAP 4) Latitude 35 11' 46.7" Longitude 81 24' 24.8" (degrees, minutes, seconds) Page 2of9 SWU•NCG02-NOI Lase revisedl/15/2010 NCG020000 N.Q.i. 0 Permits: 5) This NPDES Permit Application applies to which of the following: ID New or Proposed Facility Date operation is to begin DECEMBER 2010 ❑ Existing O New Permit not applicable — ATC request only 6) Standard Industrial Classification: NPDES Permit Number NCG020089 Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code:1459 7) Provide a narrative description of the types of minerals mined at this facility: MICA MINING 8) Is this mine an inactive mine site? ® No ❑ Yes If yes, do you posses an "Inactive Renewal" from DLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No If No, please indicate the status of the Mining Permit application: ® ® Yes If yes, please provide the Mining Permit number: 23-03 Please also provide a copy of your DLR Mining Permit with this DWQ application. Note: DWQ cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). 10) Does this facility have any other NPDES permits? ❑ No ® Yes If yes, list the permit numbers for all current NPDES permits for this facility: NCG020089 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: w __ 12) Does total area of this mine site include ready -mix and asphalt areas? ® 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? 13) Will this mining operation precede development activities at this site? El No Cl Yes 14) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? ® No Page 3 of 9 SWU-NCG02-NOI Last revisedl/15/2010 NCG020000 N.O.I. VA ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 15) is this mine located the Neuse, Tar -Pamlico, or Catawba River Basin, or the Randleman or Jordan Water supply Watersheds? ® No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. Discharge Points, Receivina Waters & Wetlands: 16) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? LONG BRANCH TO BUFFALO CREEK AND TO BROAD RIVER BASIN 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). NIA Receiving water classification (if known): WS-1II Note: Discharge of process wastewater to receiving waters classified as WS-It to WS-V or SA roust be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-I or freshwater ORW. Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 17) If your facility has wastewater discharges and they are to HWQ, PNA waters (Primary Nursery Areas) waters, what is the flow rate? NIA (See http://www.ncdmf.nettmaps/FNA maps/index.html, for map) 18) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: 2 Mine dewatering: NIA Process Wastewater Overflow: NIA Otlsite: Stormwater: NIA Mine dewatering: NIA Process Wastewater Overflow: NIA Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: TWO OUTFALLS ARE LOCATED ON THE PROPERTY. ONE OUTFALL (OUTFALL-001) IS LOCATED ON THE NORTHWEST OF THE PROPERTY AND THE RELEASE WOULD BE FROM A PROPOSED SEDIMENT EROSION CONTROL BASIN (SB-1). SIMILARLY, ANOTHER OUTFALL (OUTFALL-002) IS LOCATED ON THE NORTHEAST OF THE PROPERTY AND THE RELEASE WOULD BE FROM A PROPOSED SEDIMENT EROSION CONTROL BASIN (SB-2). a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No ® Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site) x Other (on -site or off -site) Describe: ON -SITE SEDIMENT BASIN b) Are you dewatering but not discharging? (Answer only if you are dewatering) ® No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: Page 4 of 9 SWU-NCG02•NOI Last revised 1 (1512010 NCG020000 N.O.I. F] C LJ 19) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? ® No ❑ 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 — gVroval of a Pumping O&M plan may be required prior to coverage under this general permit. The Pumping 0&M Plan should be submitted to the appropriate Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 20) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? 0 No ® Yes If yes, what distance are they from the mine pit perimeter? 255 feet. 21) Have you been required to obtain a 404/401 Certification permits? ® No 0 Yes If yes, please briefly describe below (include information such a required mitigation, SMPS, setbacks, andlor O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as necessary: 22) Have you been required to obtain a wetland delineation certifiers by the US Army Corps of Engineers? (Z No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 23) Does this facility employ any best management practices for stormwater control? 0 No 0 Yes It yes, please briefly describe: SEDIMENT BASINS, SILT FENCES INTEGRATED CONTINGENCY 12LAN-ICP (SWPP LAN+SPCC PLAN). -DUST CONTROI WITH WATER TRUCKS, ROCK DAMS AS DEEMED NECESSARY 24) Does this facility have a Stormwater Pollution Prevention Plan? O No ® Yes If yes, when was it implemented? 2006 25) Will vehicle maintenance activities occur at this facility? ® No ❑ Yes Wage 5 of 9 SW U-NCG02-NOI Last revised1115l2010 NCG020000 N.O.I. 0 Wastewater Treatment Facilities: 26) Will mine dewatering discharges occur? (An ATC/ATO is required for wastewater treatment facilities' dewatering discharges where E&SC devices alone will not meet effluent limits and/or protect water quality standards), ® No ❑ Yes 27) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless closed loop recycle system) ® No ❑ Yes If yes, answer the following questions for each wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 28) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? ® No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) Other: 29) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ® No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ® No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Page 6 of 9 SWU-NGG02-NOI Last revised 1 /15/2010 NCG020000 N.O.I. r] How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor: Vendor address: 30) Are you applying for a mining permit in the same location as a previously permitted mine? ❑ No © Yes If yes, specify permit number and name if known: 23-03 31) Roes your site have an active landfill within the mining permit boundary? ® No ❑ Yes If yes, specify type: ❑ LCID ❑ Other: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit text online for secondary containment requirements. N/A ❑ No ❑ Yes 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. X Fee of $100 made payable to NCDENR X Completed application and all supporting documents X Copy of the valid approved mining permit (MP) for the facility or indication of MP application status x Copy of a county map or other general location map that shows the mining site and nearest major roads X 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. X 2 copies of large-scale site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated X A copy of your DLR mining permit NIA A copy of your U5 Army Corps -approved wetland delineation if you marked "yes" to question 23 above. NIA If mine site is in one of the 20 Coastal Counties, • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. X If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, Include the following and contact your local reglonal office about a Pumping O&M Plan (see below for contact information). You maybe rea uired to provide an approved PurnpinctO&M plan prior to NCG02 issuance. 2 copies of detailed Full Size Plans delineating areas on the plans and lisfino acreage (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). Well information (design, depths, maintenance) Physical monitoring for the wetlands areas Settling pond sizing information, if applicable Page 7of9 SWU-NCG02-NOI Last revisedl115/2010 NCG020000 N.0.1. 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- x I will not any impact nearby wetlands, surface waters or groundwater by dewatering. If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater_ Certification: North Carolina General Statute 143-215.6 b (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). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 8of9. SWU-NCG02-NOI Last revised1115/2010 NCGO20000 N.O.J. 0 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: Title: �bC29- r 2- (Dad Signed) Notice of Intent must be dccompan€ed by a check or money order for $100.00 made payable to NCDENR. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. For questions, please contact the 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 9 of 9 SWU-NCG02-NO! Last revised1/1512010 E GURE S (D Figure 1— USGS Topographic Map Figure 2 — Site Map Showing Stormwater Discharge Vuttans Location 4) nT Daie- i 0/03/10 Mao Center: 035' 11'48.52" N 081' 24'23.13" W 0 .31e: i inch = 2.000 ft. Horizontal Datum: NAD27 11 V. , -� ` W-V k_*f J1.1 . -1 ?�. ly-&� %� " .. rj I r-\ I I I L Jr"F I 'Jr- - k \r 47",- < 4 N_i > a fu 213 0 X I\j ' 'K in v. .1VV _j rR 4 J f C! 01 W Z_ JOKM14- A Z:'17- t 3 1_Z _01 o Declination Al V pj)s, 155 b-4 GN 0 3'W MN6 ww 0811 1 1 25' 1 rwT �0. 100 081-24' OM 081 241f'.0'0'-W w 081,23, I I I I I 0.00"W I SCALE 1:24000 SITE LOCATION MAP KINGS MOUNTAIN MINERALS INC. 0 1000 2000 H1 SITE YARDS FIGURE -1 JOB NO. 1097-005 ATTACHMENTS 0 COPY OF THE EXISTING MINE PERMIT (23-03) NC DENR WATER CLASSIFICATION LIST FOR BUFFALO CREEK A �A NCDENR North Carolina Department of Environment and Natura Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist November 25, 2008 Ms. Susan B. Radcliffe Kings Mountain Minerals, Inc. PO Box 729 Kings Mountain, North Carolina 28086 RE: Mining Permit No. 23-031 Moss-Neisler Mine Cleveland County 1 Broad River Basin Dear Ms. Radcliffe: Resources Michael F. Easley, Govemor William G. Ross Jr., Secretar} Your request to have the above referenced mining permit, issued to Kings Mountain ® Minerals, Inc., transferred in its entirety to your company has been approved. The permittee has remained the same but there has been a change in the parent company from Zemex Minerals Group, Inc. to Imerys USA, Inc. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and (nine name shall remain the same as before the transfer. n r� Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. As a reminder, your permitted acreage at this site is 753.92 acres and the amount of land you are approved to disturb is 381.03 acres. 1612'Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27504 An Equal Opportunity 1 A(firmative .=.ction Employer - 50 o Recycled 110% =ass Consumer Paper Ms. Radcliffe November 25, 2008 Page 2 Again, if you should have any questions regarding this matter please contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIar Enclosures cc: Mr. Zahid Khan Mr. Bradley Bennett-DWQ, wlenclosures Ms. Shannon Deaton-WRC, wlenclosures Mr_ William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 0 0 C� J DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: ® Kings Mountain Minerals, Inc. Moss-Neisler Mine Cleveland County - Permit No. 23-03 for the operation of a Mica and By -Products Mineral 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: April 5, 2015 0 Page 2 • In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as -part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to • modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning .as supplied by the Mining Act, N.C.G.S. 74-49, Modifications June 12, 1979: This permit has been modified to include an additional 465 acres identified as the Neisler and U.S. Gypsum Corporation Tracts. September 20, 1981: This permit has been renewed and transferred from Kings Mountain Mica Company, Inc. to KMG Minerals, Inc. May 16, 1994: This permit has been modified to include the changes to the operation as indicated on the revised mine maps, Sheets 1 through 17 of 17, dated March 9, 1994. October 14, 1994. This permit has been transferred in its entirety from KMG Minerals, Inc. to Franklin Industries, Inc. 0 L 0 0 Page 3 March 10, 1997: This permit has been modified to incorporate Mining Permit No. 23-10 (Hawks Mine) in its entirety and to add the Archdale Tract as indicated on the mine map last revised February 11, 1997. November 19, 1998: This permit has been modified to allow test blasting to be conducted at the Hawks Mine as indicated on the 8 '/2 by 11 inch section of the mine map received by the Land Quality Section on October 15, 1998 with stipulations. May 12, 1999: A partial release has been granted to release Tract No, 1, Tract No. 3, Tract No. 4, and Tract No. 5 from the permitted and affected acreage at this site. Tract No. 2 was previously released_ March 6, 2000: This permit, issued to Franklin Industries, Inc., has been transferred in its entirety to Oglebay Norton Specialty Minerals, Inc. Janua 8 2001: This permit has been modified to increase the permitted acreage to 753.92 acres and increase the affected acreage to 381.03 acres as indicated on the Moss Mine's No. 1 & No. 2 Mine Map last revised November 30, 2000 and the Archdale Mine - East Mine Map last revised August 21, 2000. This modification includes a 2.0-acre stockpilelexcavation area on the 4.19-acre addition (the McIntosh Addition) and a 1.03-acre mine area that will be converted to a waste storage area on the 1.03 acre addition (the LandstarAddition). July 1, 2005. This permit has been modified to have the corporate name changed on the mining permit from Oglebay Norton Specialty Minerals to Zemex Industrial Minerals, Inc. April 2, 2008: This permit has been transferred in its entirety from Zemex Industrial Minerals, Inc., to Kings Mountain Minerals, Inc. Expiration Date This permit shall be effective from the date of its issuance until April 5, 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: Wastewater and Quarry Dewatering 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. E. • 0 Page 4 B. Any storm water 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 Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A_ Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. 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. OB. Sufficient buffer (30 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. C. All buffer zones shown on the Moss Mine's No. 1 & No. 2, Neisler Mine's No. 1, No. 2, & No. 3, Hawks Mine, and Archdale Mine -East mine maps all received by the Land Quality Section on January 14, 2008, and the West Archdale Mine Map received by the Land Quality Section on March 11, 2008 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. D. An undisturbed buffer zone of 25 feet along both sides of the gas line located near Concept Drive on the Neisler 1 and 2 Tracts shall be maintained. In addition, all excavated slopes adjacent to the buffer zones along the gas line shall be maintained at a 2-foot horizontal to 1-foot vertical or flatter slope. 0 Page 5 0 4. Erosion and Sediment Control 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 mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Moss Mine's No. 1 & No. 2, Neisler Mine's No. 1, No. 2, & No. 3, Hawks Mine, and Archdale Mine -East mine maps all received by the Land Quality Section on January 14, 2008, and the West Archdale Mine Map received by the Land Quality Section on March 11, 2008, and the Erosion & Sediment Control Details Drawings 1 and 2, dated February 11, 2005. C. Appropriately designed erosion and sediment control measures shall be installed and maintained, as necessary, below the previous United States Gypsum plant area to prevent off -site sedimentation. D. Appropriately designed diversions and chute spillway shall be provided and maintained, as necessary, to control surface drainage on the fill area between the plant area and Interstate 85. E. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. F. The surface water runoff from the 2.0 acres stockpile/excavation area on the 4.19 acre addition to the Moss Mine's No. 1 & No. 2 tract and the 1.03 acre mine area that will be converted to a waste storage area on the 1.03 acre addition to the Archdale Mine — East tract shall be diverted internal to the mine excavation or into existing sedimentation and erosion control measures to prevent off site sedimentation. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 0 Page 6 6. Graded Slopes and Fills A. 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 groundcover, devices or structures sufficient to restrain such erosion. 7. Surface Drainage 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. S. Blastin The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons ® and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 70.r) a r 13::._st ` 1:2.r:%t1ar7 P?"• -q;c..prlr_y_ ri ��.?1..71: J"._t_' r!11�._l:J•_.. .. �f.'. .'IC�L: frf••�_r �i:. .. ii: 4i: ..:If'+__. � 4�r'.ri .._. Page 7 ® B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/D,)' Ds = D W,12 V = 160(DS)-"' W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. /� C. Air blast With Monitorinq: V Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/WO.33)-1.2 0 To convert U (psi) to P (dBL): Page 8 P = 20 x log (U/2.9x10'9) Confined Air blast/Overpressure (dBQ for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount 40 of stemming and burden for each hole; blast location; distance from Mast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F_ Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary, Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flvrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. 0 Page 9 H. Flyrock Reporting: Should Flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. 0 J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. K. The test shots in the Hawks Pit shalt be conducted as indicated on the 8 % by 11 inch section of the mine map and related correspondence received by the Land Quality Section on October 15, 1998 with the following stipulations: 1. the test shall be limited to two shots, 2, the above blasting conditions shall be followed for the test shots, and I the blasting consultants shall submit to the Land Quality Section two copies of the seismograph recordings and blasting records, including any conclusions made, shortly after completion of the test. L. A modification shall be submitted to and approved by the Division of Land Resources prior to incorporating blasting activities into the routine mining activities at the site. Prior to submitting the modification request, a meeting shall be conducted as described in the additional information letter from Ms. Judy Wehner dated October 19, 1998. Page 10 9. High Wall Barrier A physical barrier consisting of chain link fencing, vegetated earthen berms, 4-strand barbed wire fencing (a minimum 4-feet high), or large boulders placed end -to -end shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms and other acceptable screening shall be located and maintained as shown on the Moss Mines No. 1 & No. 2, Neisler Mine's No. 1, No. 2, & No. 3, Hawks Mine, and Archdale Mine -East mine maps all received by the Land Quality Section on January 14, 2008, and the West Archdale Mine Map received by the Land Quality Section on March 11, 2008. Berms shall be constructed a minimum five foot high with a 16 foot top width and a minimum two horizontal to one vertical or flatter side slopes. 41 C. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the. revisions. B. A modification request shall be submitted to and approved by the Division of Land Resources prior to incorporating blasting activities into the routine mining activities at the site. Prior to submitting the modification request, a meeting shall be conducted as described in the additional information letter from Ms. Judy Wehner dated October 19, 1998. LJ Page 11 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. if mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal- 1 . the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report 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. 0 Page 12 0 14. Bondin The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket 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. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. 0 0 Page 13 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: I* Page 14 A. Overburden shall be used to slope all side slopes of the mine excavation in unconsolidated material to a 1 '/z horizontal to 1 vertical or flatter slope on the Moss Tract and United States Gypsum Tract and to a 2 horizontal to 1 vertical or flatter slope on the Neister, Hawks, and Archdale Tracts. B. All lakes shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. C. The side slopes of the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter above the water level and 1 '/z horizontal to 1 vertical below the water level. D. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12D. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reve-getation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. Ben Robinson, NRCS District Conservationist dated April 12, 2004. 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. Page 15 0 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 Kings Mountain Mica Company, Inc. July 26, 1972, modified June 12, 1979, renewed and transferred in its entirety to KMG Minerals, Inc. September 20, 1981, renewed and modified May 16, 1994, transferred in its entirety to Franklin Industries, Inc. October 14, 1994, modified March 10, 1997, November 19, 1998, and May 12, 1999, transferred in its entirety to Oglebay Norton Specialty Minerals, Inc. March 6, 2000, modified January 8, 2001, renewed April 5, 2005, and modified July 1st 2005, is hereby transferred in its entirety to Kings Mountain Minerals, Inc. this 2"d day of April, 2008 pursuant to GS 74-51. By. James D. Simons, Director 10 Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Name of Stream Description Curr. Class Date Basin Stream Index # Pheasant Creek From source to Brier C;Tr 08/01/9B Broad 9-50-8-2 Creek Mountain Creek From source to First C 08/01/98 Broad 9-50-9 Broad River Diller Branch From source to Broad C 08/03/92 Broad 9-51 River Boween River From source to North C 03/01/63 Broad 9-52 Carolina -South Carolina State Line Wylies Creek From source to North C 08/03/92 Broad 9-52-1 Carolina -South Carolina State Line Buffalo Creek From source to a point WS-III 08/03/92 Broad 9-53-(1) 0.3 mile upstream of Long Creek Buffalo Creek From a point 0.3 mile WS-III;CA OS/03/92 Broad 9-53-(2.9) (Kings Mountain upstream of Long Creek Reservoir) to dam at Kings Mountain Reservoir, Buffalo Creek Buffalo Creek From dam at Kings C 08/03/92 Broad 9-53-(5) Mountain Reservoir to North Carclina-South Carolina State Line Little Creek From source to Buffalo WS-III 06/03/92 Broad 9-53-1.3 Creek Glenn Creek From source to Little WS-III 08/03/92 Broad 9-53-1.3-1 Creek Lick Branch From source to Buffalo C 09/01/74 Broad 9-53-11 Creek Little Buffalo From source to Buffalo WS-III 08/03/92 Broad 9-53-2 Creek Creek bong Branch) From source to Buffalo) WS-III 00/03/9Y Hroad 9-53-2.3 Creek Suck Creek From source to Buffalo WS-III 08/03/92 Broad 9-53-2.7 Creek Long Creek From source to a point WS-III 08/03/92 Broad 9-53-3-(1) 0.3 mile upstream of mouth Long Creek From a point 0.3 mile WS-III;CA 08/03/92 Broad 9-53-3-(2) upstream of mouth to Buffalo Creek Whiteoak Creek From source to a point WS-III 08/03/92 Broad 9-53-4-(1) 0.7 mile upstream of mouth whiteoak Creek From a point 0.7 mile WS-III;CA 08/03/92 Broad 9-53-4-(2) upstream of mouth to Kings Mountain Reservoir, Buffalo Creek Muddy Fork From source to Buffalo C 09/01/74 Broad 9-53-6 Creek Gilliam Creek From source to Muddy C 03/01/77 Broad 9-53-6-1 Fork Page 6 of 7 2010-09-21 07:12:56 CPEES CP Engineering and Environmental Solutions (An Enterprise -wide Solution Provider for Manufacturing) Memo To: Ms. Jennifer Jones Environmental Engineer Stormwater Permitting Unit NC DENR - Division of Water Quality (DWQ) 1617 Mail Service Center Raleigh, NC 27699-1617 Front Chuck Pakala, P.E., Managing Principal CPEES Data: 12/2/2010 Re: Stormwater fee from 2005-2010 ® Jennifer, Kings Mountain Minerals (KMM) did not receive the invoices till 11/30/10 to prepare the check for the total amount. Please note the invoices came via fax only. KMM is in process of preparing the check for the total amount. It will be mailed to you as soon as we receive from the KMM Accounting Department. Thanks, Chuck DE�� FHC Q 62010 Page 1 10017 Allyson Park Dr., Charlotte, NC 28277, Tel/Fax (704) 541-40421541-4043 Email! gM@kala@carolina.rr.com Chalam NUN Engineering and Environmental Solutions 10017 hllyson Park Dr- C:harloue, NC 28277 I'd (704) 541-4042 !Fax. (704) 54 i 40d3 I December 1, 2010 Ms. Jennifer Jones. Environmental Engineer Stormwater Permitting Unit Division of Water.Quality (DWQ) Department of Environment and Natural Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Response to the State DWQ Email dated November 03, 2010 Kings Mountain Minerals — IMERYS 1469 S. Battleground Ave, Kings Mountain, Cleveland County, North Carolina Site Name: Moss-Neisler Site Permit# 23-03 ,1 Dear Ms. Jones: On behalf of Kings Mountain Minerals, Inc. (KMM), CP Engineering and Environmental Solutions (CPEES) is submitting a response to your comments listed in your email dated November 03, 2010. The State comments and the corresponding KMM & CPEES responses are as follows. Item Description State Comment #1 Kings Mt has one mine dewatering and one SW outfall as we discussed on the hone. KMM SB-1 (Erosion and Sediment Control Pond -1) will be used for mine dewatering along with any stormwater routed to the pond. SB-2 will be solely used for management of stormwater. State Comment 92 King 's Mt has not paid its fees from 2005-2010 and is behind in payment. Kings Mt owes approximately S460 dollars. DWQ will require Kings Mt. to be up to date on fees he fore we can issue this permit. KMM Invoices for past years were received and a check was sent to the appropriate DWQ department. A copy of the check is attached. .. Item Description_ State Comment #3 Please provide 2 copies of the following information regarding the discharge into creeks on site: 1. Photos KMM 0 0 2. Report from consultant 3. Stream delineation by consultant, State of NC, and/or USACE 4. Locations & description of wells 5. Manitoring strategy and protocols of wells and stream 6. Flow rates to streams to ensure flow rates will not overwhelm stream (cause erosion, .stream path, destroy benthic life etc). 1. Photos of the unimportant stream (as defined by USA Corps of Engineers, USACE) at the site are attached as requested 2. NC Certified consultant report for the stream identification / delineation is attached with this letter for your review and approval. USACE Engineer identified the stream on the subject facility as - "unimportant" and his letter report dated September 16, 2010 of the stream delineation was supplied to the State in our Mining Permit Modification Package. A copy of USACE Engineer letter is attached for your - information. 4. Eight (8) groundwater monitoring wells (2010H1067M-201 OH 1074M) were installed throughout the site using an air drill rig. Map (Drawing 4) showing the location of the groundwater monitoring wells was presented to the State in our Mining Permit Modification Package. The same map, showing well locations, is attached with this letter for your review and approval. 5. The purpose of the wells is to measure water levels periodically to obtain groundwater elevation. The strategic location of the erosion and sediment control ponds location at the site is anticipated to have no negative affect on the unimportant jurisdictional waterway. The filtration dam is designed for a 10year124hour flood event as indicated on the Erosion and Sediment Control Plan. At inception and with a hypothetically full basin, the maximum.flow rate at the bottom ofthe.filtration dam structure is Nti � - de igned to be 3.74cfs. KMM will monitor the wells periodically for water t� �,,�level measurements. Discharge from the filtration dam will be.monitored as per the General Stormwater/NPDES permit requirements. r 1 6. Based on our observations at the site, it appears that the drainage from the major portion of the HI site flows to the on -site unimportant jurisdictional waterway during a storm event. Therefore, we believe that the waterway has experienced at least a 2-yr, 5-yr, 10-yr and possibly a 25-or 50-yr L 2 0 0 storm event in the past 50 to100 years that has shaped the waterway based on the respective flow conditions. During the mining activities, KMM will direct the majority of the stormwater flow into the mining pit and control flow going into the sediment pond (SB-I ). Therefore, we believe that the water released from SB-1 would be generally lower than what the stream has already experienced in the past. Please contact Mr. Paul Manning, Senior Geologist, Kings Mountain Minerals — IMERYS, via email, for immediate response to any questions or comments on this response letter. His contact address and email are given below. Mr. Paul Manning Senior Geologist Tel: (770) 645-3544 Cell: (678) 773-2064 Fax: (770) 645-3384 Email: paul.manninganimerys.com CPEES and KMM appreciate your cooperation on the progress of this project. If you have any questions, please do not hesitate to contact me at (704) 541-4042 Respectfully submitted, CP Engineering and Environmental Solutions (A Cost Effective Solution Provider.for Manufacturing) Chalam ("Chuck") V. Pakala, PE. Managing Principal 11A "Unimportant" Stream Photos (Stations as Marked on the Jurisdictional Water Map) 0 3. or 41g. .J 1 h bo a y�y t .. / : ` •fir ,(;; �R'` I yi �t ,Jy �. r d � J ! v ~ _ r u �' ijr 001 • "4. or 1 WK. r, np t 1. All � • . f � ,tom' - ; � - :E ,�+,� ?�. �. _ � _ r ' " . t +�i �r�.+� III/// � y. � f�� - - • ' ' `�. . L s ALL' NC Certified Consultant Report for Stream Delineation Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (704) 720-9405 - Cell: (704) 239-2001 www.SandEC.com August 16, 2010 Job # 11507w 1 CP Engineering & Environmental Solutions Attn: Chuck Pakala 10017 Allyson Park Drive Charlotte, NC 28277 Re: Wetland and Stream Delineation for H-1 Site Kings Mountain Site (90 acres) Dear Mr. Pakala: Soil & Environmental Consultants, PA (S&EC) has performed detailed wetland delineation and stream identification on a 90-acre property (Kings Mountain Minerals — H-1 Site) in, Kings Mountain, Cleveland County, NC. The property is located between Dixon Dairy Road and Highway 29 near Kings Mountain.. Figure 1 shows the approximate boundaries of the evaluated property on the "Grover" USGS topographic quadrangle. EXECUTIVE SUMMARY We have determined one jurisdictional stream channel exists on the subject property. The approximate extents of the stream are shown on the attached sketch map. The stream exhibits both perennial and intermittent characteristics as determined via the use of NC Division of Water Quality (DWQ) Stream Identification Form Version 3.1. No other jurisdictional streams or wetlands were identified on the subject property. If impacts to the flagged feature are proposed, permits may be required from the US Army Corps of Engineers (USACE) and NC Division of Water Quality (DWQ). Please refer to the sketch map and the results and recommendations section below for more detailed information. SCOPE OF WORK Our wetland and stream delineation involved reconnaissance of the subject property in which the soils, vegetation, and hydrology were evaluated using procedures described in the Corps of Engineers Wetlands Delineation Manual (January 1987- Final Report). In those areas where positive indicators of hydric soils, evidence of wetland hydrology and hydrophytic vegetation occur; wetland boundaries are marked via flagging. Flagged areas are either located via GPS or approximately sketched onto a base site map. Proof of wetland hydrology occurs via the existence of hydric soils with oxidized root channels in the upper 12 inches of the "A" horizon, water borne deposits, drift lines, scour marks, drainage patterns, regional indicators of soil saturation, etc. Surface waters such as stream channels are also subject to regulation by the USACE as waters of the US. Streams may also be referred to as jurisdictional waters to indicate they are within the jurisdiction of the USACE. RESULTS & RECOMMENDATIONS Surface waters on the property flow to Long Branch. A review of the 1:24,000 USGS topographic quad depicts one unnamed tributary on the property. Long Branch is classified by the DWQ as class C waters (non -impaired) in the Broad River Basin. The drainage areas on the property were evaluated for the presence of wetlands and streams. Based on our evaluation, a jurisdictional stream was identified within the largest drainage area (see attached Site TOPO Map). The jurisdictional stream was flagged in the field using sequentially -numbered, pink S&EC logo tape. More specifically flags numbered i through 15 were used to mark the extent of the jurisdictional stream. Based on the results we obtained using the DWQ stream identification form (Ver 3.1) a portion of the stream labeled by flags 01 through 06 was identified as perennial. In addition, salamanders were identified within that particular section of the stream as well. Upstream of flag #6, the stream was determined intermittent by use of the DWQ stream identification form. No other wetlands or jurisdictional waters were found within the project boundaries of the subject facility. The attached sketch map depicts the approximate location of the flagged stream. Most of the ® stream flags were located in the field via GPS technology. Due to the approximate nature of the reap and GPS data, we recommend having the flags surveyed for increased accuracy as well as for planning purposes. If desired, a field survey for stream and wetland delineation can be prepared and submitted to the USACE for approval. Approved wetland and stream surveys are valid for 5 years. Sincerely, Wendell Overby NC Licensed Soil Scientist NC Registered Forester Attachments: Wetland Sketch Map USGS topo quad DWQ Stream Identification Form (copies) 0 �"t,\• .__ j , /jj •;• '';�5}--" , y�((7/ (, .'yrX[,:-' . -•I-_ , � � • erli,y: •\_ • :1••f_.- � . � G,_'; _: `.l .r(�; . � � 1 1 (p ,' J l ,^• .` ! -. I .+: ! _ti'pt e5(!5, ', �• ` �; • . 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Proiso: *Wo Latitude: Evaluator: 0 �3 Site: T f4-ri4q Longitude: Total Points: Other Stream is at leastlntemutlent 3Z County: CLjrVfst�Txr� e.g. Quad Name: Glzovaf- it 2 19 or perennial it 2 3D A. Geomorphology,Subtotal = US Absent Weak Moderate Strong 1°. Continuous bed and bank 0 1 2 2. Sinuosity 0 .2 3 3. In -channel structure: riffle -pool sequence 0 2 3 A Soil texture or stream substrate sorting 0 1 2 . Q3 5, Activetreliefloodplain 1 2 3 6. Depositional bars or benches 0 1 5 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 0 1 2 3 9° Natural levees 1 2 3 10. Headcuts 1 2 3 11. Grade controls 0 0. 1 1.5 12. Natural valley or drainageway 0 0.5 1.5 13. Second or greater order channel on existir7 USGS or NRCS map or other documented evidence. No Yes = 3 "Man-made ditches are not rated; see discussions in manual R H►niminnv tSiihintsl = 7 5' 1 14. Groundwaterflowfdischarge. 0 1 2 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or grcWng season 0 1 2 l3J 16. Leaflitter 1 0.5 0 17. Sediment on plants or debris ( 0.5 1 1.5 18. Organic debris fines or piles (Wrack lines) 0 1 1.5 19. Hydric soils (redoximarphic features) present? No = 0 Yes Y 1. C. Bioloov (Subtotal = 11 l 20 . Fibrous roots in channel 3 1 0 21 . Rooted plants in channel 2 1 0 22. Crayfish 60 0.5 1 1.5 23. Bivalves 0 1 2 3 •24. Fish 0 0.5 1 1.5 25- Amphibians 0 0.5 1 26. Macrobenthos (note diversity and abundance) 0 0.5 G . 1.5 27. Filamentous algae; p&iphyton 0 1 2 28. Iron oxidreing bacteria/fungus. (5--1 0.5 1 1.5 29 . Wetland plants in streambed FAC -0.6� FACW = 0.75; OBL =1.5 SAV = 20; Other = 0 Items 2D and 21 focus on the presence of upland plants, Item 299 focuses on the presence of aquatic or wetland plants. Notes:. (use back side of this form for additional notes.) Sketch: - U North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 E L a Date: 7 - Z 10 Project:N6 r nt = Latitude: Evaluator: Ovczaro Site: f A-G 7 Longitude: Total Points: Other Stream is at leastintenrittent 2L 7TCOU`r- e•9• Quad ifs 19 ar erennial if? 34 i^LEtI�G c1� Name: G�Qavg� A. Geomorphology (Subtotal Absent Weak Moderate Strong 10. Continuous bed and bank 0 1 2 Q 2. Sinuosity 0 Q .2 3 3. In -channel structure: riffle -pool sequence @3 1 2 3 -4. Soil texture or stream substrate sorting 0 1 3 5. Activelrelic floodplain 1 2 3 6. Depositional bars or benches 0 1 0 3 7. Braided channel M 1 2 3 8. Recent alluvial deposits 0 2 3 9' Natural levees 1 2 3 10. Headcuts 0 1 3 11, Grade controls 0 5 1 1.5 12 Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or MRCS map. or other documented evidence. No 13 Yes = 3 Man-made ditches are not rated; seen discussions in manual R Hvelminnv 1Riihtntal= '9 1 14. Groundwater flawidischarge 0 1 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or grovring season 0 1 2 Q 16. Leafiitter 1.5 1 .5) 0 17. Sedment on plants or debris 0 0.5 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 (.ii 1.5 19. ! ydrie soils (redoximarphic features) present? No = 0 Yes = C. Bioloov (Subtotal = } 20b. Fibrous roots in channel 2 1 0 21 . Rooted plants in channel 3 1 0 22 Crayfish 0 0.5 1 1.5 23. Bivalves (0) 1 2 3 •24. Fish fl 0.5 1 1.5 25. Amphibians 0 1 1.5 26. Macrobenthos (note diversity and abundance) 0 �, 1 1.5 27. Filamentous algae; pedphyton CW 1 2 3 28. Iron oxidizing bacterialfungus. 0 0.5 1 1 29 . Wetland plants in streambed FAC = 0.5 FACW = 0.75; OBL = 1.5 SAV = Z0; Other = 0 Items 2D and 21 focus on the presence or upland plants, Item 29 focuses an the presence of aquatic or wetland plants. Sketch: Notes:, (use back side of this form/for additional notes.) Alb 5;rt,tmiWrgiMS / 1,oSS OF - Raczy S6,sx-P'l-15- North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: I - 22 - l o Project: 1 •' � Latitude: Evaluator: 0V(Y Site: Longitude: Total Points: Other Stream is at least intermittent County: if 19 or perewdal ifZ 30 � � � e.g. Quad Name: �sROd A. Geomo holo Subtotal Absent Weak Moderate Strong 1°. Continuous bed and bank 0 1 2 0 2. Sinuosity 0 1 3 3. In -channel structure: riffle -pool sequence 0 0 2 3 A Soil texture or stream substrate sorting 0 1 0 3 5. Active/relic floodplain ® 1 2 3 6. Depositional bars or benches 0 1 a 3 7. Braided channel CO)1 2 3 8. Recent alluvial deposits 0 [j 2 .3 9' Natural levees 1 2 3 10. Headcuts 1_ 2 3 11. Grade controls 0 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map. or other documented evidence. No -3 0 Yes 3 (Nan -made ditches are not rated; see discussions in manual B_ Hvdroloov (Subtotal = 15, S 1 14. Groundwater flow/discharge 0 Q 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 2 3 16. Leaflitter 1.5 1 em 0 17. Sediment on plants or debris 0 0 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 G 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = C. Bioloov (Subtotal = 5 1 20 . Fibrous roots in channel 3 2 0 21 . Rooted plants in channel 2 1 0 22 Crayfish 0.5 1 1.5 23. Bivalves } 1 2 3 •24. Fish 0.5 1 1.5 25. Amphibians -CO)0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1 . 1.5 27. Filamentous algae; periphyton { 1 2 3 28. iron oxide ing bacterialfungus. 0 0.5 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL =1.5 SAV = 20; Other W 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes:. (use back side of this farm for additional notes.) 0 Forth Carolina Division of Wafter Quality - Stream Identification Form; Version 3.1 L L (9 0 Date: 7 Project: lLatitude: Evaluator: 0U&ay Site: j cAG /2. Longitude: Total Points: Other Stream is at leastIntermittenf County: �' �v �te.g. Quad Name: - if z 19 or rfanr9al ff 2 30 A. Geomorphology (Subtotal = I f 'S Absent Weak Moderate Strong 1". Continuous bed and bank 0 1 2 2. Sinuosity 0 ® 2 3 3. In -channel structure: rife -pool sequence 0 1 2 3 -4. Soil texture or stream substrate sorting 0 2" 3 5. Active/relic floodplain 1 2 3 6. Depositional bars or benches 0 1io 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 1 2 3 9' Natural levees 1 2 3 10. Headcuis 0 2 11. Grade controls 0 D.5 1 1.5 12 Natural valley or drainageway 0 0.5 1.5 13. Second or greater order channel on ex_ istina USGS or NRCS map.or other documented evidence. No =`� Yes = 3 - Man-made ditches are not rated; see �� discussions in manual B_ Hvdmfnnv (Rajintntal = TrT 1 14. Groundwaterilow/discharge 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or grov&g season 1 2 3 16. Leaflitter 1.5 0.5 0 17. Sediment on plants or debris 0 0.5 1.5 18.Organic debris lines or piles (Wrack lines) 0 0.5 1.5 19. Hydric soils (redoximorphic features) esent? No = 0 Yes 1.5 i C. Bioloav (Subtotal = Sty } 2 . Fibrous roots in channel 3 0 21 . Rooted plants in channel io 2 1 0 22 Crayfish Q 0.5 1 1.5 23. Bivalves 1 2 3 -24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1 •1_5 27. Ftlamentous algae; periphyton 1 2 3 28. Iron oxidizing bacterialfungus. 0.5 1 1.5 29 . Wetland plants in streambed FAG = 0. FACW = 0.75; OBI =1.5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Notes:. (use back side of this form for additional notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: % ZZ /0 Project: 40 I�!►qf JW,,/ Latitude: Evaluator: pVEjzGy Site: G G ��� /z/ longitude. Total Points: Other Stream is at least lntemrirttenf /q, s County: e.g. Quad Name: iT 120 yet, if a 19 or perennial if'a 30 f A. Geomorphology (Subtotal Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 2. Sinuosity 0 m .2 3 3. In -channel structure: riffle -pool sequence ZO 1 2 3 • 4. Soil texture or stream substrate sorting 0 Q 2 3 5. Active/relic floodplain ® 1 2 3 6. Depositional bars or benches 1 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits A 1 2 3 9 " Natural levees A 1 2 3 10. Headcuts 0 1 Gz 3 11. Grade controls 0 1 1.5 12. Natural valley or drainageway 0 0.5 Q1 1.5 13. Second or greater order channel on existing USGS or NRCS map.or other documented evidence. No Yes = 3 a Man-made ditches are not rated; see discussions in manual B. Hydrology Subtotal = . S 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and a 48 hrs since rain, or Water in channel -- dry or growing season 1 2 3 16. Leafiitter 1. 1 0.5 0. 17. Sedment on plants or debris 0 a 1 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = C. Biology (Subtotal = �S 2. Fibrous roots in channel Q 2 1 0 21 . Rooted plants in channel 2 1 0 22 Crayfish G 0.5 1 1.5 23. Bivalves i 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note dtve" and abundance) 41 0.5 1 . 1.5 27. Filamentous algae; periphyton 2 3 28. Iron oxidizing bac6edalfungus- 0.5 1 1.5 29 . Wetland plants in streambed FAC 0. FACW = 0.75; OBL -1.5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Notes:. (use back side of this form for additional notes.) d' 6,44 1s is Sketch: North Carolina Division of Water Quality -- Stream Identification Form; Version 3.1 r❑ Date: +1 _Z _r� Project: f (I�JL S i✓F %tJ Latitude: Evaluator: aU�B Site: /f6olr�J G Longitude: Total Points: Other Stream is atleastinterrWttent county: C if? 19 or perennial if 30 ' 1• 5 ��L fir 4gtwll e•9• Quad Name: A_ Georno hold (Subtotal = % Absent Weak Moderate Strong 1'. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In -channel structure: riiiie-pool sequence A 1 2 3 4. Soil texture or stream substrate sorting P 1 2 3 5. Active/relic floodplain 1 2 3 6. Depositional bars or benches 1 2 3 T Braided channel 1 2 3 8. Recent alluvial deposits 0 2 3 9' Naturai levees 1 2 3 10. Headcuts 1 2 3 11. Grade controls 0 0,5 1 1.5 12_ Natural valley or drainageway 0 i 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map. or other documented evidence. No � Yes = 3 Mall-Il1- NIl AICE 03a IWk 1 OW4, xC 41.74s4allUfIJ III ---al R Hvrimionv lSuhtntal = I: S 1 14_ Groundwater flow/discharge 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or growingseason f� 00 1 2 3 16. Leaflitter 1.5 1 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1.5 19. Hydric sails (redaximorphic features) present? No fl Yes = 1.5 C. Sioloav (Subtotal = 2 ) 20 _Fibrous roots in channel 3 2 1 21 . Rooted plants in channel 3 1 0 22. Crayfish 0.5 1 1.5 23. Bivalves 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1 1.5 1.5 26. Macrobenthos (note diversity and abundance) { 0.5 27. Filamentous algae; periphyton 1 2 3 28_ Iron oxidizing bactedeungus. 0.5 1 1.5 29 . Wetand plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 20; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes (use track side of this form for additional notes.) North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: / 0g,- /0 Project: k Latitude: Evaluator: /�vSite: �E,p7��g_ tT,�T Longitude: Total Points. V /� Other Stream is of least intermittent { [ County: C'z-d5v5kwo ,40 1JUG?Z. ifs 19 or erannial if? 30 l ] e.g. Quad Name: A. GeomD halo (Subtotal = rt,5 ) Absent Weals Moderate Strong 1°. Continuous bed and bank 0 1 3 2. Sinuosity 0 1 2 3 3. In -channel structure: riffle-poo[ sequence 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 2 3 6. Depositional bars or benches 1 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 1 2 3 9 a Natural levees ® 1 2 3 10_ Headcuts 0 1 3 11. Grade controls 4 6__� 1 1.5 12 Natural valley or drainageway 0 0.5 a 1.5 13_ Second or greater order channel on exisfing USGS or NRCS map, or other documented evidence. No = Yes = 3 " Man-made ditches are not rated; see discussions in manual 13_ Hydrology (Subtotal = 2- 14. Groundwaterflow/diischarge 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or growingseason r�l l�J 1 2 3 16. Leaf]itter 1,5 0.5 0 17, Sediment on plants or debris 0 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 1 1.5 19. Hydric soils (redoximorphic features) present? No = Yes w 1.5 C_ 33iology (Subtotal = 9 2 . Fibrous roots in channel 3 1 0 21 . Rooted plants in channel 3 2 1 :. 0 22. Crayfish 0.5 1 1.5 23. Bivalves l] 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 10) 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 1 1.5 27_ Filamentous algae; periphyton 1 2 3 2S. Iron oxidizing bacteda/Fungus. 0.5 1 1 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presenceof aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) 0 North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 0 is Date: Project: ��,��,�/ Latitude: Evaluator: Site: 7c1� t1 Longitude: Total Points: Other Stream Isatleastintermittent County: g .,.8'116e, if a 19 or erennial if Z 30 !)i e. Quad Name: A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1". Continuous bed and bank 0 1 2 3 2. Sinuosity U 1 2 3 3. In -channel structure: riffle -pool sequence CO) 1 2 3 4. Soil texture or stream substrate sorting 0 0 2 3 5. Activelrelic floodplain R 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 1 2 3 9 8 Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0.5 1 1.5 12. Natural valley or drainagevway 0 0.5 1.5 13. Second or greater order channel on existing USGS or NRCS map. or other documented evidence. No Yes = 3 - Man-made ditches are not rated; see discussions in manual B. Hvdroloov (Subtotal W I 1 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or 2rowing season 1 2 3 16. Leaflitter 1.5 1 0 17. Sediment on plants or debris 0.5 T 1.5 18. Organic debris lines or piles (Wrack lines) 0U 1 1 1.5 19. Hyddc soils (redoximorphic features) present? No = Yes = 1.5 C. Bioloav (Subtotal = 1 } 20 . Fibrous roots in channel 3 a 1 0 21 . Rooted plants in channel 3 2 1 0 22. Crayfish 0.5 1 1.5 23. Bivalves D 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacterialfungus. 0.5 1 1 1 1.5 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 20; Other = 0 Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use backside of this form for additional notes.) G H AMPA*�Z s - A4_ PV9 ��3 6-4 WIf �r Page 1 of l Chalam Paka#a From: "Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> To: "Crumbley, Tyler SAW'<Tyler.Crumbley@usace.army.mll>; "Chalam Pakala" <cvpakala@ca rolina. rr. con> Cc: <paul.manning @imerys.coma Sent: Thursday, September 16, 2010 1:55 PM Subject: RE: Jurisdictional waters review in KMM-H1 Site Chuck and Paul, As a follow up from our phone conversation: In the field, I considered the stream in question to be jurisdictional from flag 15 downstream to the property line. I did not, however, consider the stream to be of significant "importance" thereby deeming the stream to be non-mitigable throughout the reach on the property. A permit will still be required for any impacts to the feature, and all avoidance and minimization efforts must be taken and shown to ensure compliance with Clean Water Act regulations. mince again, me next step in me process is to provide this ortice a copy of the Preconstruction Notification with plans showing any UNAVOIDABLE impacts, or a request for a No Permit Required (if no impacts are proposed). --Tyler Crumbley Regulatory Specialist Asheville Regulatory Field Office US Army Corps of Engineers - Wilmington District 151 Patton Avenue, Room 208, Asheville, NC 28801 Tel: (828) 271-7980 Fax: (828) 281-8120 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: ht1p;#per2.nwp.usace,army_.mi1/, rt y__html Thank you for taking the time to visit this site and complete the survey. 9/21 /2010 U.S. ARMY CORPS OF ENGINEERS Wilmington District *Action ID: SAW 2010-01173 County: Cleveland NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner: Kings Mountain Minerals _Inc. Applicant: Chalam Pakala Enp- and Env. _ Attn: Dawn Whaley Attn: Chuck Pakala Address P.O. Box 729 Address 10017 Allyson Park Dr. Kings Mountain, NC 28086 Charlotte, NC 28277 Telephone Number 805-737-1248 Telephone Number 704-541-4042 Size and Location of ProveProvelly Lwaterbody, Highway name/number, town etc.: The project location is located at the Kings Mountain Minerals-H-1 Site in Kings Mountain, Cleveland County, NC. The site is located off Dixon Dairy Road and Margrace Road near Highway 29. The site includes and Unamed Tributary to Long Branch in the Upper Broad River Basin. Coordinates in Decimal Degrees are. 35. 196305 N,-81.406888 W. Description of Activity: The Applicant proposes to expand an existing mining operation. The proposed expansion site does contain a UT to Long Branch. According to construction plans submitted on 20 OCT 10, with grading limits shown, the mining expansion will exclude impacts to the above referenced stream. ® Your work as proposed does not require Department of the Army authorization for the following reason(s): X There are no jurisdictional waters or wetlands within the boundaries of the property. The proposed project does not impact jurisdictional waters or wetlands. The proposed project is exempt from Department of the Army regulation. (Specify) This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact _ Tyler Cruimbley at telephone number "828 271-7980 exten ion 232 Regulatory Project Manager Signature 1 Date: 21 October, 2010 Expiration Date N1 SURVEY PLATS, CONSTRUCTION PLAN, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. • CF: Agent: Chalarn Pakala r] 0 0 Jurisdictional Waters and Groundwater Monitoring Well Map with Groundwater Contours Monitoring Well installation Field Activity Summary Report Prepared for: Kings Mountain Minerals — IMEIRYS H-I Site 1469 S. Battleground Ave. Kings Mountain, Cleveland County, North Carolina 28086 Q@@LRoe�D FEB 0 9 201, MWWATIERaALp DIETUEAWSMWp�i5 WWII CPEES Project No. 1097-005 August 2, 2010 Prepared by: Chalam Pakala Engineering and Environmental Solutions 10017 Allyson Park Dr., Charlotte, North Carolina 28277 Tel/Fax: (704) 541-40421541-4043 Email: cvpakalancarolina.rr.c_om 1e;y t. , ti .. � ;r 1 0 1 1 I TABLE 1 MONITORING WELL CONSTRUCTION RECORDS KINGS MOUNTAIN MINERALS-IMERYS H-1 SITE KINGS MOUNTAIN, NORTH CAROLINA WELL # '' DATE OF WELL DFPTH OF DIA. OF,�,.-. SCREEN DEPTH OF INSTALLA FION `• WELL-:WELL,-;"EENGTH . WATER AT THE BELOW: TIME OF WELL ,GROUND INSTALLTION SURFACE (FT) (IN) (FT) (FT) 201 OH 1067M 7/24/10 59 2 15 40 201 OH 1068M 7/73/10 30 2 15 24 2010H1069M 7/25/10 85 2 15 69 201OH 1070M 7/24/10 66.5 2 15 51 20 1 OH 1071 M 7/23/ 10 87 2 15 71 201OH1072M 7/21/10 60 2 15 50 201OH1073M 7/21/10 60 2 15 48 201OH1074M 7/21/10 60 2 15 44 a ui I 1 I FIGURES FIGURE I; SITE LOCATION MAP FIGURE 2 : SITE LAYOUT MAP WITH WELL LOCATIONS 1 1 ftow-- I& h6v'P� ar. ell, 1 11 Hi 1 l APPENDIX A LITHOLOGIC LOGS WELL COMPLETION LOGS I ENVIRO-PRO, P.C. LITHOLOGIC LOG BaringNo.: 2010H1067M Job No: 1?P-1454 Fart Mill, South Carolina Client: KMM- IMERYS Project Location: Intersection of Margracc Rd dt S.Battleground Ave State: NC Total Depth: 59, Logged By: Tom Bolyard Soil Sample Method: Soil Cuttings Date Started: 7/2412010 Date Complete: 7/2412010 Driller Tommy w/EDPS Drill Method: Air Rotary Equipment Type: Conferee Boring Diameter; 6' Soil Gas Sample Method: Groundwater (burp): 0 hrs 24 hrs Land Surface Elevation (LS): Measuring Point Elev. (MP): Remarks: 1 Elevation tt Depth ft. SPT/lnierval Sample ID No. Description Soil Gas Moisture USCS Lo Comments 10.0 20.0 30.0 40.0 50.0 60.0 Red -brown clayey Silt Light tan silty flute Sand BroAm medium*rained silty Sand Tan sh tJy clayey silty Sand with mica Brown medium -grained silty Sand BegBqgm mud rotarydrilling @ 47'• hard weathered rock Bedrock 59' bgs Terminated drill 59'bgs Set 2" sch.40 PVC weII; screened from 41-56'' sand to 39'• benumite to 37rout to surface Page 1 of 1 I ENVIRO-PRO, P.C. LITHOLOGIC LOG Boring No.: 2010H1068M Job No: EP-1454 Fort Mill, South Carolina Client: KMM- IMERYS Project Location: Intasoction of Msrgtecc Rd & S.Battleground Ave State: NC Total Depth: 30' Logged By: Tom_ Bolyard Soil Sample Method: Soil CuEkm Date Starred: 7R3/2010 Date Complete: 7/23/2010 Driller: LcMM w1EDPS Drill Method: Air Rotary Equipment Type: Canters Boring Diameter: 6- Soil Gas Sample Method: Groundwater (bmp): 0 hrs 24 hrs Land Surf m Elevation (LS): Measuring Point Elev. (MP): Remarks: t O Elevation ft. Depth ft. SPTllretcrval Sample m No. Description Soil Gas Moisture USCS Log Comments 10.0 20.0 30.0 40.0 50.0 60.0 Red -brown slightly d2= fine sank Silt Tansilty Sand witb mica d rock layer I l' Brown medium -grained Sand with small rock fragments water A 25' Bedrock 30' bgs Tenninated drill 30' bgs Set 2" sch.40 PVC well• screened from 15-30'• sand to 13'• bentanite to 1 l' rout to surface Page 1 of Logged By: Torn Bolyard Soil Sample Method: � Soil Cuttings Date Started: 7/25/2010 Date Complete: 7/25/2010 Driller: Tommy w/EDPS Drill Method: Air Rotary Equipment Type: Canterra Boring Diameter. 6" Soil Gas Sample Method: Groundwater (bmp): 0 hrs . 24 brs Land Surface Elevation (LS): Measuring Point Elev. (w): Remarks: Elevation Depth SPT/Interval Sample Description Sail Moisture ft fl. ID No. Gas USCS Comments 10.0 2010 30.0 40A 50,0 6o.a 70.0 Red -brown clayey Silt Tan -brown silty fine Sand I LiRht tan clayq silty Sand with tnica II i Brown sil fine Sand I I 1 1 s Gray sit fine Sand i 1 i I r Page I of 2 ENVIRO-PRO, P.C. LITHOLOGIC LOG BaringNo.: 2010H1069M Job No: EP-1454 Fort Milt, South Carolina Client: KMM- ]MERYS Project Location: Intersection of Margrace Rd & S.Battle and A,.x State: NC Total Depth: 85' _ _ By: , Tom Bolyard Soil Snrnple Method: Soi! Cuttings _ _ _ _ _ _ Date Started: 7/25/2010 Date Complete: 712512010 'Logged Driller: Tammy WE_DPS Drill Method: Air Rotary Equipment Type: Canterra Boring Diameter: 6' Soil Gas Sample Method: Groundwater (bmp): 0 hrs 24 hrs Land Surface Elevation (LS): Measuring Point Elev. 0&): Remarks: Elevation Depth SPT1lnterval Sample Description Soil Moisture USCS Comments 0 1 0 �11 ft, ft. Ill No. Gas 90.0 Dark brown silty Sand Tan -brown silty coarse Sand with Mica Bedrock 85'b s Terminated drilling 85'bgs Set 2" sch. 40 PVC well; screened from 70-85; sand to 68% bentonite to 66' rout to surface Page 2 of 2 ENVIRO-PRO, P.C. LITHOLOGIC LOG BoringNo.. 201OH1070M Job No: EP-1454 Fort Mill, South Carolina Client: KMM- IMERYS Project Location: lntaaoctian of Mmgsnoe Rd & 3.11attleg and Ave state: NC Total Depth: 66.5' 'Logged BT ^Torn B0lyerd Soil Sample Method: Sail Cuttinpq Data Started: 712412010 Date Complete: 7/24/2010 Driller. Tammy w/EDPS Drill Method: Air Rotary Equipment Type: Canters Boring Diameter: 6- Soil Gas Sample Method: Groundwater (bmp): 0 hrs 24 hrs Land Surface Elevation (LS): Measuring Paint Elev. (W): I Remarks: 1 1 1 Elevation 0. Depth ft. SPT/Interval Sample D No. Description I Soil 4 t3asLg Moist= USCS Comments 10.0 20.0 30.0 40.0 50,0 60.0 i Red -brown ElaM Silt Tan silty Sand with Mica Jffeathemd rock lavers 8-15' Light tan:&MX s1kht1l c*cy siky Sand with rnica Brown medium -grained silty Sand (less rnica) 1 Be mud mm drill' 60'; hard weathered rock E 1 Bedrock 66.5' b Terminated drilling a 66.5' b Set 2" sch.40 PVC well; screened from 41.5-66.5'; sand to 39'• bmtortitc to 37'out to surface I Page I of I ' EN"RO-PRO, P.C. LITHOLOGIC LOG Boring No,: 201OH1071M Job No: EP-1454 Fort Mill, South Carolina Client: KMM-1MERYS Project Location: Intersection of Rd & S.BattlEE2urid Ave State: NC Total Depth: 8T Lk86ed By:_ Tom i3olyard Soil Sample Method: Soil Cuttings _ _ _ Date Started: 7/23/2010 Date Complete: 7/23/2010 'Driller: Tommy w/EDPS Drill Method: Air Rotary Equipnusrt Type: Canters Boring Diameter: 6- Soil Gas Semple Method: Groundwater (lamp): 0 hrs 24 hrs Land Surface Elevation (LS): Measuring Point Elev. (MP): Remarks: 0 11 0 1 Elevatiurs ft. DcA fl. SPT/Interval Swapla 0 No. Desu iptiin] Suit Gas W i�aue Uses 0:hw clab 10.0 20.0 30.0 40.D %0 60.0 70.0 Red -brown slightly clayey tine sandy Silt Tan slightly siltv Sand with mica and rock frawnents 0 Page I of 2 ENVIRO-PRO, P.0 LITHOLOGIC LOG BoringNo.: 201OH1071M Job No: EP-1454 'Fort Mill, South Carolina Client: KMM- IMERYS Project location: Intwaaction of Margrace Rd & S.&tttlegrtnmd Ave State: NC Total Depth: 87' Logged By: Tom BolyW Soil sample Method: T Soil Cuttings Dale Started: 7/23/2010 Date Complete: 7/23/2010 DrWer: Tammy w/EDPS Drill Method: Air Rotary Equipment Type: Canterra Boring Diameter: 6' Soil Gas Sample Method: Groundwater (bmp): 0 hrt 24 hrs Land Surface Elevation (LS): Measuring Point Elev. (MP): Remarks: t 1 O 1 t Elevation ft. Depth ft, SPTllnterval Sample ID No. Description Soil t3as Moisture USCS Log Comments 90.0 Tan slightiv silty Sand with mica and rock frawnents Bedrock 87'bgs Terminated drilling @ 87' bgs Set 2" sch.40 PVC well; screenod from 72-8Ti sand to 70'- bentonite to 68' &rout to surface Page 2 of 2 1 ENVIRO-PRO, P,C. I LITHOLOGIC LOG ` BctingNo.: 2010H1072M lob No: EP-1454 Fort Mill, South Carolina I Client: KMM- MERYS Pro;oct Location: Intersection of Margrw4 Rd & S.fiarttcground Ave Statc: NC Total Depth: 60' Lagged By: Tom Holyard Soil Sample Method: Soil Cuttings Date Started: 7/2I M10 Date Complete: 7n 1 /2010 Driller: Torrmry w/EDPS� Drill Method: Air Rotary FAuipa=t Type: Cantrna Boring Diameter: 6' _ Sail (}as Sample Method; Crotmdwnta (bmp): 0 hrs 24 hrs Land Surface Elevation (LS): Measuring Poiru Elev. (lam: RcmarUa 0 1 Elevation tL Depth ft. SPT/lnterval Sample ID No. De=iption Soil Gas Moisture USCS Lag Comments 100 20.0 30.0 40,0 50.0 ft1.0 Rai -brown clayey Silt moist @ 30, Light tan claws Sand with mica and rock fragrnents Brown siltyand; bedrock 60' Termirtared drilling a 60' bgs Set 2" sch.40 PVC well; scr=cd from 45-60'; sand to 43'; bentonitz to 41' out to sutfece 1 page l of ' ENViRO-PRO, P.C. LITHOLOGIC LOG BorimNo.: 201OH1073M lob No: EP-1454 Fort Mill, South Carolina Client: KMM- D&RY5 Prow I-oeattw Intersection OrMarg ace Rd & S.Hattleprolmd A%r State: NC Total Depth: 60' _ LoUad By. Tom BCIYW Soil Sample Method: Soil Cuttings Date Stated: 7/212010 Date Complete: 72112010 Driller: Tommy w/EDPS Drill Method: Air Rotary Equipment Type: Camerra Boring Diameter: 6- Soil Gas Sample Method: Gsnemdwster (hmp): 0 hrs 24 hrs Surface Elevation (LS): Measuring Poiztt Elev. (Mp): Remarks: 'Land Soil Elevation DGPtI+ SPTIGtterval Sample Description ft. A, ID No. tins Moisture USCS Comments 10.0 20.0 30,0 40.0 50.0 60.0 Red -brown sligWy silty Clay Light tart sfightlX sil Sand Brown silty Satin (vM nnl caceous mica moist 25, Light tan clayey Sand with rock is finical Dark brown silty finer Sand' bedrock 60' Terminated dril 60' bgs Set 2" sch.40 PVC i4v% screened from 45-60'• sand to 43'• bcntortite to 4l'grout to surface Page I of ' EN"RO-PRO, P.C. I LITHOLOGIC LOG I Boring No.: 201 OH 1074M Job No: EP-1454 Foss Mill. South Carolina 1 L Client: KMM= IMERYS Project Lom ion: _ Intersection of Margraee_Rd & S.Batticground Ave State: NC Total Depth: 60' Logged By: Torn Bolyard - Soil Sample Method: Soil Cuttings Date Started: 7/21 /2010 1 bate Complete; 7/21 f2010 Driller. 'Pommy w/EDPS Drill Method: Air Rotary Equipment Type: Canterra ! Boring Diameter. 6` Soil Gas Sample Method: Groundwater (brnft 0 hrs 24 hrs Land Surface Elevation (LS): Measuring Point Elev. Q"): Remarks: 1 1 1 1 Elevation Depth SPT/lnterval Sample ID No. Description Soil Gas Moisture USCS Log Comments 1010 20.0 3010 40.0 50.0 60.0 Rod -brown clayey Silt i' I l moist 24' I i Light tan slightly silty Sand with n&a Bcd=k 60' Terminated drilC 60'bgs Set 2" sch.40 PVC well; screened from 43-58'- sand to 4l ; bentonite to 39' grout to surface Page 1 of l 0 1 I ENVIRO•PRO, P.C. Well Completion Log Type 11 Well 4: 201OK1067M Job d: EP-1454 Fort Mill, SC Client; KMM-IMERYS Project Location County State Logged By: TOM BDLYARD Int. of Margrace Rd 8 S.Battleground Ave. Cleveland NC Land Surface Elev. Measuring PL. Elev. Date Began: Date Completed: 7/24110 7124110 volume vacua Well Dev. Method Appearance: Monitored Formation: PET CASING t ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MP) FT WELL LOCK STI DLL ALS .. --- B OX D L S WELL D PLATE': TOC FT ALS PROTECTIVE ��� CASING ®LS1 FT 1..5 "'+ _DIA. BOREHOLE-1 41\1 DIA. ---T) SURFACE CASING _ FT MAT SURFACE SCH BOREHOLE CIA CIA CEMENT /BENTONITE CALC USED INNER CASING FT MAT:PVC SCH: 40 — T INNER BOREHOLE DIA ; 2" CIA CENTRALIZER TYPE MAT SIZE DTA CEMENT/BENTONITE f VOL CALL $ENTONITE SEAL i VOL USED SIZE Pellets TYPE 38 ft DRILL METHODS-, Of Air Rotary VOL CALC X X X 21 VOL. USED xX 41 ft. SAND PACK, 31 -TYPE X X 4) • SIZE GRADE: X .#2: Medium X x _ X REMARKS — X X - — _K X X X NOTE: ALL MEASURMENTS IN DEPTH SCREEN X_ _: X BELOW LAND SLRFACE (BLS) OR ABOVE PVC X X LAND SURFACE (ALS) _MAT: SLOT X 56 ft. " SIZE:0,01 X OPTIONAL. -sLnTrvP x x x 59 ft. 1 1 0 I ENVIRO-PRO, P.C. Well Completion Log Type II Well #: 2010H1073M Job #: EP-1454 Fort Mill, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int. of Margrace Rd & S.Battleground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Date Began: Date Completed: 7/21110 7121110 Volume vacua e : Well Dev. Method Appearance: Monitored Formation: PET CASING ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MP) FT WELL LOCKI STI DIA AILS —BOX DI L S WELL D PLATE' TOC , FT ALS PROTECTIVE MPFTI 7. CASWG OUTSIDE — ®ILS1 FT LS — DIA. BOREHOLE-1 DIA. --.FT1 SURFACE CASING FT MAT SURFACE SCH BOREHOLE DIA DIA CEMENT/BENTONITE CALC USED INNER CASING _FT MAT:PVC _ W W/o SCH: 40 — — _ INNER BOREHOLE DIA ; 2'_ DIA_ 6" CENTRALIZER TYPE MAT SIZE DIA CEMENT/BENTONITE VOL CALC BENTONITE SEAL VOL USED SIZE Pellets TYPE 43 ft. DRILL METHODS.- X X ll Air Rotary VOL CALC 21 VOL USEDX X X 45 ft- SAND PACK. 31 TYPE X X 41 -SIZE GRADE: x .#2: Medium X X X REMARKS — X X K N X NOTE: ALL MEASURMENTS IN DEPTH SCREEN X BELOW LAND SLRFACE (BLS) OR ABOVE _ MAT: PVC SLOT X X LAND SURFACE (ALS) SIZE: 0.01 XX 60 ft. "SLOT TYPE x OPTIONAL. X x x x 60 ft. 1 0 1 1 0 ENMRO-PRO, P.C. Well Completion Log Type II Well #: 201OH1072M Job ft: EP-1464 Fort Mill, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int. of Margrace Rd & S.Battloground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Date Began: Date Completed: 7121110 7121/10 Volume Evacuated: Well Dev. Method Appearance: Monitored Formation: PET CASING ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MP) FT WELL LOCK' STI Qu ALS ----•a0X_ DI L 5 WELL D PLATE TOC FT ALS PROTECTIVE MPLT) CASING OUTSIDE ---- ®LS) FT LS QIA BOREHOLE-1 DIA. AFT) SURFACE CASING FT MAT SURFACE SCH BOREHOLE DIA DIA CEMENT/BENTONITE CALC USED INNER CASING FT MAT:PVC W/o SCH: 40 INNER INNER DIA ; 2' BOREHOLE DIA 6„ CENTRALIZER TYPE MAT SIZE DIA • 41 ft. CEMENT/BENTONITE VOL CALC BENTONITE SEAL VOL USED SIZE. Pellets TYPE 43 ft. DRILL METHODS X X U Air Rotary VOL CALC_ 21 VOL USEDx X X 45 ft- SAND PACK, 31 -TYPE X X 4? -SIZE GRADE: x _#2: Medium X X x REMARKS — X x —K x X X X , NOTE: ALL MEASURMENTS IN DEPTH SCREEN K X BELOW LAND SLRFACE (BLS) OR ABOVE _MAT: PVC SLOT X X LAND SURFACE (ALS) SIZE: 0.01 Xx 60 ft. SLOT TYPE x OPTIONAL. K x x x 60 ft. 1 1 I 0 0 0 1 I ENVIRO-PRO, P.C. Well Completion Log Type II Well #: 2010H1071M Job #: EP-1464 Fort MITI, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int. of Margrace Rd & S.Battleground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Date Began: Date Completed: T123H0 7123110 o ume vacua Well Dev. Method Appearance: Monitored Forrnation: PET CASING ABOVE GROUND VENTED CAP BELOW GROUND MAT - FINISH FINISH SCH 0MP1 FT WELL LOCK STI 011 ALS ---- Box DI L S WELL D PLATE TOC FT ALS PROTECTIVE h1PlFT) CASING OUTSIDE — ®LSI FT LS — ❑Ill BOREHOLE-1 DIA. SURFACE CASING FT MAT SURFACE SCH BOREHOLE DIA DIA CEMENT /BENTONITE CALC USED lo INNER CASING FT MAT:PVC _ W W/o SCH: 40 INNER BOREHOLE DIA : DIA CENTRALIZER TYPE MAT SIZE DIA CEMENT/BENTONITE j VOL CALC BENTONITE SEAL VOL USED SIZE Pellets TYPE 70 ft DRILL METHODS 0 1 Air Rotary VOL CALC_ X X x 21 VOL. USED X X 72 ft. SAND PACK. 31 -TYPE X X 41 -SIZE GRADE: X _#2: Medium X x - X REMARKS — X X —K X X X NOTE: ALL MEASURMENTS IN DEPTH SCREEN X BELOW LAND SLRFACE (BLS) OR ABOVE _MAT; PVC SLOT X X LAND SURFACE (ALS) SIZE: 0.01 K X _ SLOT TYPE X OPTIONAL K x x x Nz 1 J 0 7 11 I 0 ENV1RO-PRO, P.C. Well Completion Log Type II Well #: 201OH1070M Job #: EP-1454 Fort Mill, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int. of Margrace Rd & S.Battleground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Date Began: Date Completed: 7124110 7124110 Volume vacua Well Dev. Method Appearance: Monitored Formation: PET CASING s ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MP) FT WELL LOCK STI Dlll ALS —BOX DI L S WELL D PLATE' TOC FT ALS PROTECTIVE 7. CASING OUTSIDE OUTSIDE ---- ®L51 FT LS DIA. BOREHOLE-1 DIA. --F SURFACE CASING FT MAT SURFACE SCH BOREHOLE ➢IA DIA CEMENT/BENTONITE CALC USED INNER CASING FT MAT : PVC _ W W/oINNER SCH: 40 BOREHOLE DIA ; DIA b„ CENTRALIZER TYPE MAT SIZE DIA 37 ft. CEMENT/BENTONITE VOL CALC BENTONITE SEAL VOL USED SIZE Pellets TYPE 39 ft. DRILL METHODS 0 FAir Rotary VOL CALC_ X X X 21 VOL. USED X X 41.5ft. SAND PACK. 31 -TYPE X X 41 -SIZE GRADE: X _#2: Medium X X X REMARKS — X X — X NOTE: ALL MEASURMENTS IN DEPTH SCREEN K X BELOW LAND SLRFACE (BLS) OR ABOVE _MAT: PVC SLOT X X LAND SURFACE (ALS) SIZE: 0.01 XX 66.5ft - SLOT TYPE X OPTIONAL. — x x x 66.5ft 0 I 0 ENVIRO-PRO, P.C. Well Completion Log Type Il Well #: 201OH1069M Job #: EP-1454 Fort Mill, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int of Margrace Rd & S.Battleground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Data Began: Date Completed: 7125i10 7/26110 Volume Evacuated; Well Dev. Method Appearance: Monitored Formation: PET CASING i ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MP) FT WELL LOCK STI DIA ALS — BOX DI4 L S WELL D PLATE TOC FT ALS PROTECTIVE MPFT] CAS WG OITPSIDE ---- ELS) FT LS "— DIA. BOREHOLE-1 DIA. —AFT) SURFACE CASING _ FT MAT SURFACE SCH BOREHOLE DIA DIA XN CEMENT/BENTONITE CALC USED INNER CASING FT MAT : PVC _ W YJlO SCH: 40 INNER DIA " BOREHOLE DIA 5" CENTRALIZER TYPE MAT SIZE DIA CEMENT/BENTONITE VOL CALC BENTONITE SEAL VOL USED SIZE Pellets TYPE 68 ft. DRILL METHODS 0 TAir Rotary 71 VOL CALC_ X X X 21 VOL USED X X 70 ft. SAND PACK. 3) -TYPE X X 4) -SIZE GRADE: X .#2: Medium X X X REMARKS — X X — - X X X NOTE: ALL MEASURMENTS IN DEPTH SCREEN X BELOW LAND SLRFACE (BLS) OR ABOVE _ MAT: PVC SLOT • X X LAND SURFACE (ALS) _ _ SIZE: 0.01 x X 85 ft. - SLOT TYPE X OPTIONAL, K x x x 85 ft. 1 1� 1 ENVIRO-PRO, P.C. Well Completion Log Type II Well #: 201OH1068M Job #: EP-1464 Fort MITI, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int. of Margrace Rd & S.Battleground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Date Began: Date Completed: 7123110 7123110 o ume Evacuated: Well Dev. Method Appearance: Monitored Formation: PET CASING i ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MPl FT WELL LOCK STI DU' AILS —•—BOX DI � S WELL D PLATE'_ TOC FT ALS PROTECTIVE MPFT) CASWG OUTSIDE — (BLS) FT LS — DUI, BOREHOLE-1 DIA. --F SURFACE CASING — FT MAT SURFACE 5CH BOREHOLE DIA DIA CEMENT/BENTONITE CALC USED INNER CASING FT MAT : PVC _ 4V W/E3 SCH: 40 — — INNER DIA ; 30REHOLE DIA. 6" CENTRALIZER TYPE MAT SIZE DIA 11 ft. CEMENT/BENTONITE VOL CALC BENTONITE SEAL VOL USED SIZE Pellets TYPE 13 ft. DRILL METHODS X X ll FAir Rotary VOL CALC X 23 VOL. USED X X 15 ft. SAND PACK . 3) -TYPE X X A) -SIZE GRADE: X .#2: Medium X X X REMARKS — X X —x X NOTE: ALL MEASURMENTS IN DEPTH SCREEN X BELOW LAND SURFACE (BLS) OR ABOVE _ MAT: PVC X X LAND SURFACE (ALS) SLOT X 34 ft. SIZE: 0.01 X OPTIONAL. - SLOT TYPE x x x 34 ft. 1 0 1 1 11 7 ENVIRO-PRO, P.G. Well Completion Log Type 11 Well #: 201OH1074M Job #: EP-1464 Fort Mill, SC Client: KMM-IMERYS Project Location County State Logged By: TOM BOLYARD Int. of Margrace Rd & $.Battleground Ave. Cleveland NC Land Surface Elev. Measuring Pt. Elev. Date Began: Date Completed: 7121110 7121110 Volume vacua e : Well Dev. Method Appearance: Monitored Formation: PET CASING ABOVE GROUND VENTED CAP BELOW GROUND MAT FINISH FINISH SCH (MP) FT WELL LOCK STI DIA ALS --- BOX DI L S WELL D PLATE TOC FT ALS PROTECTIVE MP�1� CASING OUTSIDE — ISLS) FT LS — DIA. BOREHOLE-1 DIA. SURFACE CASING FT MAT SURFACE SCH BOREHOLE XN XN DIA DIA CEMENT/BENTONITE CALC USED INNER CASING FT MAT:PVC _ W/0 SCH: 40 INNER BOREHOLE DIA ; 2"_ DIA 6" CENTRALIZER TYPE MAT SIZE DIA 39 ft. CEMENT/BENTONITE VOL CALC BENTONITE SEAL VOL USED SIZE Pellets TYPE 41 ft. DRILL METHODS X X l) FAir Rotary VOL CALC_ X 21 VOL USED X X 43 ft. SAND PACK, 3) -TYPE X X q) -SIZE GRADE: X _#E2: Medium X X X REMARKS — X X —K X X X , NOTE: ALL MEASURMENTS IN DEPTH SCREEN X BELOW LAND SLRFACE (BLS) OR ABOVE _MAT: PVC SLOT X X LAND SURFACE (ALS) SIZE: 0.01 X 58 ft. -SLOT TYPE X OPTIONAL. - - x x x fi0 ft. I Chalam NUN Engineering and Environmental Solutions 10017 Allyson P&rk Dr_ Charlotte. NC 28277 Tel (704) 541-4042 / Fax: (704) 541-4043 January 25, 2011 ' Mr. Paul Manning/ Mr. David Crouse Corporate Senior Geologist Kings Mountain Minerals Inc. — IMERYS Mining Permit No.23-03 Post Office Box 729 Kings Mountain, NC 28086 ' Subject: Velocity Calculations for the Stormwater Discharge from the Erosion and Sediment Control Pond (SB-1) and Determining the Impact of Pond Discharge ' Velocity on the Jurisdictional Waters at H1 Site Kings Mountain Minerals— IMERYS 1469 S. Battleground Ave. Kings Mountain, Cleveland County, North Carolina Site Name: Moss-Neisler Site F EH 0 9 2011 Permit# 23-03 Ii NR-WATERQl1AUiY VETMAKHMINMERBRAKH Dear Mr. Manning: On behalf of Kings Mountain Minerals, Inc. (KMM), CP Engineering and Environmental Solutions (CPEES) is submitting a response to the comment from Ms. Jenifer Jones of NC DENR- Division of ' Water Quality - "Flow rates to streams to ensure flow rates ivill not overwhelm stream (cause erosion, stream path, destroy benthic life etc" listed in her email dated November 03, 2010. We are also responding to her request for a plan for "Cross -Sectional Measurements and visual Insheclion of Stream" in her letter to Peter Flynn dated January 7, 2011. 1 This study addresses these concerns and presents results which show that the velocity calculated in ' the jurisdictional water channel for the stormwater discharge from the Erosion and Sediment Control Pond (SB- I) for both 10 and 25yr storm events was below the self scouring velocity (5 feet per second (fps) published in the NC DENR Erosion and Sediment Control Planning Design Manual Table 8.05a (Attachment C, C-1). Therefore, we conclude that the stormwater discharge from the SB-I would not impact/overwhelm (cause erosion, change in stream path, destroy benthic life) the jurisdictional water channel at the 1-11 site. As a result of this, we submit that the "cross -sectional measurements and visual inspection of stream" requirements would therefore not be necessary since we have shown that the stream would not be impacted negatively by the discharge from S13-1. 1 1 1 1 1 To prove that there will not be any erosion in the jurisdictional water channel, CPEES has performed velocity calculations in the channel for the 10yr and 25yr stormwater discharges from the pond and compared these calculated velocities to the self scouring velocities (The velocity of water which is ' necessary to dislodge stranded solids from the stream bed), 5 fps, published in the NC DEN Erosion and Sediment Control Planning Design Manual Table 8.05a (Attachment C, C-1). This self scouring velocity figure is useful for steam bed gradients up to 10%. The stream gradients measured in this study were 4.5% in the jurisdictional water channel and 8.69% in the small feeder channel located ' just below the rock apron (Attachment A, A-19 & A-23). 1 The purpose of this comparison is to determine if there would be any erosion in the channel t'rom the pond discharges. Please note, if the calculated velocity in the channel is more than the self scouring ' velocity, the channel would experience erosion and if the calculated velocity in the channel is less than the self scouring velocity, then the channel will have no impact from the proposed pond discharges. Self scouring velocity in a channel is defined as the velocity of water that would dislodge soil particles in the channel (bottoms and sides) and would keep them in suspension as long as the ' velocity in the channel maintains or exceeds the self scouring velocity value The following sections will explain the background information on the jurisdictional water channel, the velocity calculations for the pond discharge going into the channel and our conclusions. Stormwater and the Jurisdictional Water Channel Background at H1 Site ' Based on our observations at the site, it appears that the stormwater from the major portion of the 1-11 site flows to the on -site unimportant jurisdictional water channel during the storm event. Therefore, we believe that the channel (stream/waterway) must have experienced a 2-yr, 5-yr, 10-yr and possibly a 25- or even a 50-yr storm event in the past 50 to 100 years and thus, may have shaped the waterway based on the respective past flow conditions. During the mining activities, KMM will eventually direct the majority of their stormwater now into the mining pit area and thus, control the flow going into the SB-1. Therefore, we estimate that the water released from SB-1 would be lower than what the stream would have already experienced in the past. ' In addition, based on the photos submitted to the State in our earlier letter dated December 1, 2010, it is very clear from the pictures that the channel and the area around the channel were observed to have well grown trees, grass and small bushes and thus, expected to reduce the velocity of pond discharge going ' into the channel and the subsequent flow in the channel. These trees, bushes and foliage growth will retard the flow velocity and thus, reduce the erosion in the channel. Based on our drawings (Comprehensive Site Map and Buffer Map) provided to the State in our permit modification package, 50 foot undisturbed buffer was assigned on all sides of the jurisdictional water channel as stipulated in the permit modification package. Therefore, no ground clearing/disturbance in the 50 foot buffer is planned at this time for the length of the mining activity. Thus, the trees, bushes, and the foliage will remain "as is" on the ground and would help reduce the velocity of flow going into the channel from the SB-I pond. Velocity Calculations for Stormwater Pond (SB-1) Discharge into the Jurisdictional Water ' Based on the NC DENR — Division of Land Quality Regulations, the sediment pond (SB-1) was designed to manage the 10yr storm event. The discharge from the pond would be released via a 1 2 I 1 1 1 1 I 1 skimmer and a raiser from the pond (refer to Erosion and Sediment Control Plans submitted to the State in the mining permit modification package for details). An emergency spillway was designed to allow stormwater discharge from the 25yr storm event should it occur (refer to Erosion and Sediment Control Plans submitted to the State in the mining permit modification package for details). Based on the drainage area and the pond routing calculations for a 10 yr-24 hr storm event (Attachment A, A-4), the peak flow, 3.48 cubic feet per second (cfs), occurs at 17.96 hours (Attachment A, A-2, A-13). The peak flow was used in the velocity calculations presented in this report. In addition, CPEES has also evaluated the impact of stormwater discharge from the pond for the 25yr storm event (Attachment A, A-14) on the channel erosion. The recently surveyed map (Jurisdictional Waters Map submitted to the State) was used to obtain the cross sections and the depth of the channel at various locations in the channel. Of the peak flow for the I Oyr storm event, the pond releases approximately 0.6 cfs via the skimmer and 2.88 cfs via the riser (Attachment A, A-2, A-13 ). Two cross sections evaluated for the velocity calculations in this study are (Attachment A, A-16, A- 18, A-22): 1. Immediately after the pond pipe outlet apron (Attachment A, A-22) 2. In the jurisdictional water channel at the property boundary (Attachment A, A-18) CPEES believes that these selected two areas would represent a typical condition for any erosion to occur in the channel for the pond discharges. In addition, the flow conditions evaluated for each cross section are: 1. The flow from the skimmer— a normal day today mine water pumping operation, 0.6 cfs (Attachment A, A-2, A-13) 2. The combined flow from the skimmer and the riser for the I Oyr and the 25yr storm events (Attachment A, A-2, A-13 and A-14). Based on the velocity calculations for each situation, the calculated velocity (Attachment A, A-19 through A-21 and A23 through A-25) in the selected channel was found to be below the self scouring velocity, 5 fps, (NC DENR Erosion and Sediment Control Planning Design Manual Table 8.05a, Attachment C, C-1) for all the cases evaluated in this study. Therefore, in our opinion, the discharge from SB-1 will not overwhelm the channel in terms of erosion in the channel and loss of benthic life. The calculations and the necessary supporting documentation are attached with this letter report. The following table presents the velocity values for all the scenarios studied in this report. I Table showing the velocity calculations results 1 I Storm Event Channel Discharge Discharge Calculated Less Than Impact on the Description Description (cfs) Velocity the Self Stream for (feet/second, Scouring erosion/stream fps) Velocity path/benthic (5.0 fps) Mine water Discharge Skimmer 0.6 1.83 Yes No impact on pumping from the flow the stream (Attachment A, apron of the A-23) pond pipe to the stream 10 yr Skimmer 3.43 2.91 Yes No impact on (Attachment A, and the riser the stream A-24) flow 25 yr Skimmer 1 L89 3.99 Yes No impact on (Attachment A. and the riser the stream A-25) flow Storm Event Channel Discharge Discharge Calculated Less Than Impact on the Description Description (cfs) Velocity the Self Stream for (feet/second, Scouring erosion/stream fps) Velocity path/benthic (5.0 fps) Mine water Discharge of Skimmer 0.6 1.41 Yes No impact on pumping flow in the flow the stream (Attachment A, main A-19) channel at the property 10 yr Skimmer 3.43 2.37 Yes No impact on (Attachment A, boundary and the riser the stream A-20) flow 25 yr Skimmer I I.89 3.32 Yes No impact on (Attachment A, and the riser the stream A-2 l) flow ' Conclusions Based on the velocity calculations in the channel for the I Oyr and the 25yr stormwater discharges ' from the pond, it is evident from the study that the velocities in the channels were below the self scouring velocity and therefore, we believe that the pond discharge will have NO impact on the jurisdictional water channel in terms of stream erosion and loss of benthic life. Therefore, CPEES ' and KMM respectfully request the State to rescind the stream channel cross-section monitoring requirement in the permit approval process. 1 4 1 1 1 1 1 1 1 1 1 Please contact Mr. Paul Manning, Senior Geologist, Kings Mountain Minerals — IMERYS, via email, for immediate response to any questions or comments on this velocity calculations letter report. His contact address and email are given below. Mr. Paul Manning Senior Geologist Tel: (770) 645-3544 Cell: (678) 773-2064 Fax: (770) 645-3384 Email: paul.manninQ 4-Nmerys.com CPEES and KMM appreciate your cooperation on the progress of this project. If you have any questions, please do not hesitate to contact me at (704) 541-4042 Respectfully submitted, CP Engineering and Environmental Solutions (A Cost Effective Yolul ion Provider for Manufacturing} Chalam ("Chuck") V. Pakala, PE. Managing Principal 5 1 11 A TTA CHMENT A I Additional Erosion and Sediment Control Calculations include (Velocity Calculations for the SB-1 Discharge For 10yr and 25yr Storm Events) 1 1 0 I ADDITIONAL EROSION & SEDIMENT CONTROL CALCULATIONS FOR LINOS MOUNTAIN MINERALS, INC HI SITE KINGS MOUNTAIN, NORTH CAROLINA January 19, 2011 PREPARED BY: AN-mWSP• SELLS License No. F-0891 128 Overhill Drive, Suite 105 Mooresville, NC 28117 Phone: (704) 662-0100 Fax: (704) 662-0101 A-1 �151itlnrrlrlr� O z � try v vY JI111 115tf �+�� � r SUMMARY The runoff from the 10 year storm event, 168.99 cfs (base on the rational method with a ' time of concentration of 5 minutes) and 0.0619 cfs (40,000 gpd from pump) for a total of I69.05 cfs was routed through the sediment basin using HydroCAD. An equivalent 10- year 24 hour storm was used with a runoff of 170.44 cfs. The routing shows that a peak flow of 3.48 cfs occurs at 17.96 hours. This flow (3.48 cfs) was used in determining the velocity in the downstream channel. 1 A-2 J I 1 I RAINFALL DATA 1 1 1 1 1 1 1 1 1 1 1 1 Precipitation Frequency Data Server Page 1 of 2 POINT PRECIPITATION FREQUENCY ESTIMATES . FROM NOAA ATLAS 14 „ n SHELBY, NORTH CAROLINA (3I-7845) 35,3144 N 81.5336 W 898 feet from "Preclpilation-Frequency Atlas of the United States" NOAA Atlas 14, Volume 2. Version 3 G.M. Bonnin, D, Martin, It, Lin, T, Pargbok, M.Yckta, and 0. Riley NOAA, Nelional Weather Service, Silver Spring, Maryland, 2004 Exuected: Thu Nov 182010 ;.: Collfdence Limits Saasor>ali[y_,, Related info G15 data Maps goc5, .Return to State map Precipitation FrequencyFi-equency Estimates inches ARl* 6 1Q I5, 30 6D 120 10 z0 30. 45 lQ. ears ptiu min_ _rain min min 3 hr 6 hr 12.1►r 4_hl' 48_Ilr A daTy 7 ctay_ tin , �� Inul clx . day. rla_ d 1 � 0)0 40 00 64100 791 I� 09� 13� IF5-8-I 69I2I 08 j 21 S2 1 3FO513�� 4�� 4�3 5 8 7F 17 8�7 1 F11.08 13.19 0r 0.47 0.55 0.75 0.89 0.95 1.12 1.31 1.b4 1.92 2.04 2.50 3.0E 3.69 4.36 KjD S.bS KE 8.47 00,32 22.97 15.38 u 1.60 2.05 2.41 2.58 3.14 3.82 4.64 5.46 6.04 b.88 7.69 L0.00 12,00 14,80 17,36 ' These precipitatlon frequency es6males are based on a partial dva o 60 4W ARI Is the Average Recurrence Interval, Pease refer to NOAA Allas N Documenl for more Infofmadon. NOTE: Formatft forces askates nearzero to awear as zero. Upper hound of the 90% confidence interval Pl•eci itation Frequency Estimates (inches) ART" ❑5 10 IS 30 64 120 3]IF712F2q 48�� 10 20 30 45 60(ears nliu min ruin min rnitt Tnnt ltr 1u• In llr day day clay dA rla dA day © 0.44 0.70 0.87 I.19 1.49 1.73 1.86 2,27 2.75 3.28 3.89 4.36 5.04 5.71 7.55 9.19 11,58 I3,75 00.52 0.$2 1.44 1.43 1.80 2,10 2.26 2,74 3.33 3.96 4.69 5.24 6.01 6.79 8.9[ 10.80 13,54 16.03 D.61 0.97 1.23 1.75 2.24 ][2.64] 2E 3.43 4,17 4.99 5.87 6.46 7,32 8.16 10.53 12.56 15.44 18.08 10-1 0.68 l08 1.37 199 2.58 3.06 3.31 4. 00 4.86 5.79 6.80 7.43 8,36 9.24 1179 13.91 16.91 19.67 25 0,77 L22 1.55 2,29 3.05 3.65 3.99 4.82 5.86 6,91 8.08 8,74 9.79 10.68 13.49 15.70 18.82 21.73 50 0.83 1.32 1.68 2.52 3.42 4.13 4.57 5.52 6.70 7,82 9.12 9,79 10,92 L 1.81 I4.83 17,08 20.27 23.29 100 0.90 1.43 1,80 2.76 3.80 4.66 5.18 6.28 7.59 8.76 10.19 10.88 12,10 12.96 16.19 18.45 21,68 24.81 200 1 0.96 1,53 23 3.00 4,2t 5.22 5.87 7,13 8.59 9.75 11.33 11,99 13.30 34.13 17.57 [9.83 23,09 26.30 500 L,05 1,b7 2.I0 3.33 4,79 G.03 6.88 $,37 10.08 11.1G 12.90 13.54 14,9G 15.73 19.4G 21,68 24.94 28.24 1000 1.12 1.77 2.22 3,60 5.26 6.71 7.73 9.45 I1.36 12.30 14,19 ]4.76 I6.28 16.99 20.95 23.11 26,34 29.71 The upper bound of the confidence Interval at Me confidence level 1a the value "Veh 5%of the Smulaled quantla veluas for a given frequency ere greater than. " These predNIaten'requency estmates are based on a MrCaLduaagorlaerles, ARI Is the Average Recurrence Interval. Please rater to NOAA AOas 14 Document for more 4lformal3on. NOTE: FormaWno aravents estimates near zero ro aaoear as zero. >: Lower bound of the 90% confidence interval Precipitation Frequency El StinlatCS inches AR1** 10 (years) null Itlilt 15 30 60 I20 Tt1111 tnlll llllri Itlllt 3❑ Ill' 6 llr 12 24 48 hr 1u lu (IA (1A ]0 (IA 20 [IAy 30 day 45 day 60 [lAf = 0.36 0.58 0.72 0.99 1.24 FI -46-1 1.55 1.91 2.32 2.84 3.36 3.81 4,44 5.08 G.81 8.37 10.G 1 12.68 = D.43 0.69 0.86 1,20 I.50 1.76 1.87 2.30 2,8D 3.43 4.95 1.58 5.30 6,04 8.04 9,85 12.4] 14,77 F -5�O.SI l0 0.8] 0.90 ].02 1.46 1.86 2.21 2.35 2.87 3.51 4.32 5.07 1,14 1.65 2.55 2.56 2.74 3,34 4,07 5.0E 5.87 5.64 b.4S 7.26 9.48 11.44 14.15 I6.G8 0.56 6.88 1 7.36 K2fl 10.62 12.66 15.49 I8.15 25 O.G3 LO1 1.28 ].89 2,52 3.05 3.28 4.00 4.89 5.9G 6.9G 7.61 8.59 9.46 12.12 14.26 17.2p 20.03 A-4 http;//dipper.nws.noaa.gov/egi-bin/hdsc/biii[dout.perl?type=pf&ilnits=tls&series=pd&stat... 11 / 18/2010 1 Precipitation Frequency Data Server Page 2 of 2 1 1 1 1 1 LjOJ106811109 I IL38JI207 2.81 3.43 3.73 11455 5.55 6.73 7.82 8.50 9.57 10.45 13.28 15.47 18.50 21.43 100 0.73 1.17 1.47 2.2G 3.11 3.83 4.18 5.13 6.25 7,51 8.71 9.42 10.55 11,43 14.45 l6.66 19.75 22.77 200 0.78 1.24 1.56 2,43 JffEIEflEk1KflF6.98 8.32 9.G3 ]0.34 11.54 t2.43 ]5.62 17.85 20.97 24.0G S00 0.84 1.33 1.67 2.66 3.82 4.83 5.39 6.62 8.06 9.44 10.90 11.61 12,91113.76 17.19 19.41 22,54 25.73 ]000 0.$9 1.39 1.75 2.83 4.14 5.29 5.98 7.3b 8.94 10.33 I1.$9 12.59 13.99 14.79 1$,39 20,59 23.72 26.97 The lower 000una of m cmwence interval at Un conrwence level Is the value oaten t)%or the smuia.eo quanwa vawes rot a green rrequency are less man. ' These preclpltatlon lrequeocy estimales are based on a p_3!@Ct duretact_maxJ;Raede4 ARl is the Average Recurrence Interval. Please refer to N'OAA A4 1 .0ocumentlor more €ntormatlon. NOTE: Formatting prevents esWales near zero to appear as zero. Text version of tables ... .:. A-5 1 littp://dipper.nws.noaa.gov/cgi-bin/hdsc/bui ldout.perl?type-pf&units=us&series=pd&stat... I l /19/2010 1 1 1 I 1 SEDIMENT BASIN -1 ROUTING- CALCULATIONS 1 1 pWSPm SELLS ' tronsportaIto n & IntrastruCture ,1_ J Camp. By.,.rfiC-=...................... Date .�h.�Q............ Project.�Wk.$.... MIAL.A.146............ .......... SheotNo....j 1..1.........of.....�........... Chu. By ............................................ Date .................................. Subject ................. 9._1...... ....... $Ili—:r ................ ........ ...... 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Subject .................... ............... ... ............ ................................... ..... jab No. ...... lq�U3Q...... ..... w................................................. .................. ......... ......_.... ....... ................................................ ..... ..... ....... ....... .......... .... ......................... .................. .. it V 4LV IVY R� .lF� Sorg F'�0 KA Cn f 7 S 1C I nAMs YL a l � ,! 3t (9$0 Cr F Z DAY ' e/f>4 >>4 1 �o�Z i M►� ..... ���.$�� nay - o•;�on CFS :.. 24 Hoits 50c SEEPAGE A-11 FOR THE SKIMMER FLOW 1 o, 1 1 ' 6" Coupling INCLUDED but not attached I 1 I I 1 1 0 0 1 6" Faircloth Skimmer® Cut Sheet J. W. Faircloth & Son, Inc. www.FairclothSkimmer.com 2" Vent With White tip And 90' elbow 6" pvc float 5" Sch 40 SOLID pvc barrel or"arm" SUPPLIED WITH SKIMMER 3 5" hose, ss clamps 5" threaded male nipple on outlet end' 6" inlet extension Aluminum straps Inlet suspending inlet Patent C 5,820,751 Skimmer shown in floating position 5" HEAD on center of inlet and orifice 1. Hose can be attached to outlet using the threaded 5" nipple. Typical methods used: on a metal structure a steel stubout welded on the side at the bottom with a 5" threaded coupling or reducers; on a concrete structure with a hole or orifice at the bottom, use a steel plate with a hole and coupling welded to it that will fit over the hole in the concrete and bolted to the structure with sealant. 2. Dimensions are approximate, not intended as plans for construction. 3. Barrel (solid, not foam core pipe) should be 1.4 times the depth of water with a minimum length of 8' so the inlet can be pulled to the side for maintenance. If more than 12' long weight may have to be added to inlet to counter the increased buoyancy. 4. Inlet tapers down from 6" maximum inlet to a 5" barrel and hose. Barrel is smaller to reduce buoyancy and tendency to lift inlet but is sufficient for flow through inlet because of slope. The inlet orifice can be reduced using the plug and cutter provided to control the outflow rate. 5. Inlet is 10" pipe between the straps with slots cut in the inlet and aluminum screen door (smaller than shown in illustration) for access to the 6" inlet and orifice inside. 6. Capacity 51,840 cubic feet per day maximum with 6" inlet and 5" head. Inlet can be reduced by installing a smaller orifice using the plug and cutter provided to adjust flow rate for the particular basin volume and drawdown time required. 7. Shipped assembled. User glues inlet extension and barrel, installs vent, cuts orifice in plug and attaches to outlet pipe or structure. Includes flexible hose, rope, orifice cutter, etc. A-9 6inchCut TM 11-07 November 14, 2007 ' Determining the Skimmer Size and the Required Orifice for the Faircloth Skimmer® S u rfa ce D ra i n ' November 2007 Important note: The orifice sizing chart in the Pennsylvania Erosion Control Manual and reproduced in the North Carolina Design Manual DOES NOT APPLY to our skimmers. It will give the wrong size orifice ' and not specify which size skimmer is required. Please use the information below to choose the size skimmer required for the basin volume provided and determine the orifice size required for the drawdown time, typically 4-7 days in Pennsylvania and 3 days in North Carolina. The size of a Faircloth Skimmer, for example a 4" skimmer, refers to the maximum diameter of the skimmer inlet. The inlet on each of the 8 sizes offered can be reduced to adjust the flow rate by cutting a hole or orifice in a plug using an adjustable cutter (both supplied). Determining the skimmer size needed and the orifice for that skimmer required to drain the sediment basin's volume in the required time involves two steps: First, determining the size skimmer required based on the volume to be drained and the number of days to drain it; and Second, calculate the orifice size to adjust the flow rate and "customize" the skimmer for the i basin's volume. The second step is not always necessary if the flow rate for the skimmer with the inlet wide open equals or is close to the flow rate required for the basin volume and the drawdown time. tBoth the skimmer size and the required orifice radius for the skimmer should be shown for each basin on the erosion and sediment control plan. Make it clear that the dimension is either the radius or the diameter. It is also helpful to give the basin volume in case there are questions. During the skimmer installation the required orifice can be cut in the plastic plug using the supplied adjustable cutter and installed in the skimmer using the instructions provided. 1 The plan review and enforcement authority may require the calculations showing that the skimmer used can drain the basin in the required time. Determining the Skimmer Size Step 1. Below are approximate skimmer maximum flow capacities based on typical draw down requirements, which can vary between States and jurisdictions and watersheds. If one 6" skimmer does not provide enough capacity, multiple skimmers can be used to drain the basin. For drawdown times not shown, multiply the 24-hour figure by the number of days required. Example: A basin's volume is 29,600 cubic feet and it must be drained in 3 days. A 3" skimmer with the inlet wide open will work perfectly. (Actually, the chart below gives 29,322 cubic feet but this is well within the accuracy of the calculations and the basin's constructed volume.) Example: A basin's volume is 39,000 cubic feet and it must be drained in 3 days. The 3" skimmer is too small; a 4" skimmer has enough capacity but it is too large, so the inlet will need November 6, 2007 1 A-10 to be reduced using step 2 to adjust the flow rate for the basin's volume. (It needs a 3.2" diameter orifice.) 1'/Z" skimmer: 1,728 cubic feet in 24 hours 6,912 cubic feet in 4 days with a 1 W head 3,456 cubic feet in 2 days 12,096 cubic feet in 7 days 5,184 cubic feet in 3 days 2" skimmer: 3,283 cubic feet in 24 hours 13,132 cubic feet in 4 days with a 2" head 6,566 cubic feet in 2 days 22,982 cubic feet in 7 days 9,849 cubic feet in 3 days 2'/2" skimmer: 6,234 cubic feet in 24 hours 24,936 cubic feet in 4 days with a 2.5" head 12,468 cubic feet in 2 days 43,638 cubic feet in 7 days Revised 11-6-07 18,702 cubic feet in 3 days ' 3" skimmer: 9,774 cubic feet in 24 hours 39,096 cubic feet in 4 days with a 3" head 19,547 cubic feet in 2 days 68,415 cubic feet in 7 days 29,322 cubic feet in 3 nays 4" skimmer: 20,109 cubic feet in 24 hours 80,436 cubic feet in 4 days with a 4" head 40,218 cubic feet in 2 days 140,763 cubic feet in 7 days Revised 11-6-07 60,327 cubic feet in 3 days 5" skimmer: 32,832 cubic feet in 24 hours 131,328 cubic feet in 4 days ' with a 4" head 65,664 cubic feet in 2 days 229,824 cubic feet in 7 days 98,496 cubic feet in 3 days 6" skimmer 51,840 cubic feet in 24 hours 207,360 cubic feet in 4 days with a 5' head 103,680 cubic feet in 2 days 362,880 cubic feet in 7 days 155,520 cubic feet in 3 days 8" skimmer: 97,978 cubic feet in 24 hours 391,912 cubic feet in 4 days with a 6" head 195,956 cubic feet in 2 days 685,846 cubic feet in 7 days CUSTOM 293,934 cubic feet in 3 days MADE BY ORDER CALL? Determining the Orifice ' Step 2. To determine the orifice required to reduce the flow rate for the basin's volume and the number of days to drain the basin, simply use the formula volume _ factor (from the chart below) for the same size skimmer chosen in the first step and the same number of days. This 1 calculation will give the area of the required orifice. Then calculate the orifice radius using Area = Tr r2 and solving for r, r = (Area/3.14) .The supplied cutter can be adjusted to this radius to 1 cut the orifice in the plug. The instructions with the plug and cutter has a ruler divided into tenths of inches. Again, this step is not always necessary as explained above. An alternative method is to use the orifice equation with the head for a particular skimmer shown on the previous page and determine the orifice needed to give the required now for the volume and draw down time. C = 0.59 is used in this chart. ' Example: A 4" skimmer is the smallest skimmer that will drain 39,000 cubic feet in 3 days but a 4" inlet will drain the basin too fast (in 1.9 days) To determine the orifice required use the factor of 4,803 from the chart below for a 4" skimmer and a drawdown time of 3 days. 39,000 cubic A-11 November 6, 2007 2 1 feet T 4,803 = 8.12 square inches of orifice required. Calculate the orifice radius using Area = n r2 and solving for r, r = (8.12/3.14) and r = 1.61". As a practicai matter 1.6" is about as close as the cutter can be adjusted and the orifice cut.. Factors (in cubic feet of flow per square inch of opening through a round orifice with the head for that skimmer and for the drawdown times shown) for determining the orifice radius for a basin's volume to be drained. This quick method works because the orifice is centered and has ' a constant head (given above in Step 1). 11/2" skimmer: 960 to drain in 24 hours 3,840 to drain in 4 days ' 1,920 to drain in 2 days 6,720 to drain in 7 days 2,880 to drain in 3 days 2" skimmer: 1,123 to drain in 24 hours 4,492 to drain in 4 days 2,246 to drain in 2 days 7,861 to drain in 7 days 3,369 to drain in 3 days 2%" skimmer: 1,270 to drain in 24 hours 5,080 to drain in 4 days Revised 11-6-07 2,540 to drain in 2 days 8,890 to drain in 7 days 3,810 to drain in 3 days 3" skimmer: 1,382 to drain in 24 hours 5,528 to drain in 4 days 2,765 to drain in 2 days 9,677 to drain in 7 days 4,146 to drain in 3 days 4" skimmer: 1,601 to drain in 24 hours 6,404 to drain in 4 days Revised 11-6-07 3,202 to drain in 2 days 11,207 to drain in 7 days 1 4,803 to drain in 3 days 5" skimmer: 1,642 to drain in 24 hours 6,568 to drain in 4 days 3,283 4,926 to drain in 2 days to drain in 3 days 11,491 to drain in 7 days 6" skimmer: 1,814 to drain in 24 hours 7,256 to drain in 4 days 3,628 to drain in 2 days 12,701 to drain in 7 days 5,442 to drain in 3 days ' 8" skimmer: 1,987 to drain in 24 hours 7,948 to drain in 4 days 3,974 to drain in 2 days 13,909 to drain in 7 days 5,961 to drain in 3 days J. W. Faircloth & Son, Inc. Post Office Box 767 412-A Buttonwood Drive Hillsborough, North Carolina 27278 Telephone (919) 7324244 FAX (919) 732-1266 FairclothSkimmer.com jwfairclothc@embargmail.com Orifice sizing Revised 2-2-01; 3-3.05; 2.1-07; 11-6-07 A-12 November 6, 2007 3 from Page A-4 KingsMtn Type 1124-hr 10-year Rainfall=5.40" Prepared by WSP SELLS Printed 1/14/2011 HydroCAD® 9.00 sln 04719 O 2009 HydroCAD Software Solutions LLC Summary for Pond 2P: SB-1 Inflow Area = 56.860 ac, 0.00% Impervious, Inflow Depth > 1.52" 1 for 10-year event Inflow 170.44 cfs @ 11.97 hrs, Volume= 7.220 of Outflow = 3,48 cfs @ 17.96 hrs, Volume= 1,219 af, Atten= 98%, Lag= 359.4 min Primary = 3.48 cfs @ 17.96 hrs, Volume= 1.219 of - ' Secondary = 0.00 cfs @ 5.00 hrs, Volume= 0.000 of for -Ind method, Time Span= 5.00-20.00 hrs, dt= 0.05 hrs - 898.14' @ 17.96 hrs Surf.Area= 69,604 sf Storage= 263,006 cf J 0 I I 0 1 Plug -Flow detention time= 331.3 min calculated for 1.219 of (17% of inflow) Center -of -Mass det. time= 230.0 min (1,039.3 - 809.4 ) Volume Invert Avail.Storage Storage Description #1 892.00' 404,550 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 892.00 3,289 0 0 894.00. 35,.165, 38,.454 38,454 896.00 56,4:16 901581' 129,035 898.00 68,582 123; 978 253,013 900.00 82,975 151,537 404,550 Device Routing Invert Outlet Devices #1 Primary 892.00' 48.0" Round Culvert L= 80.0' CMP, square edge headwall, Ke= 0.500 Outlet Invert= 891.00' S= 0.0125'f Cc= 0.900 n= 0.025 Corrugated metal #2 Device 1 892.00' 6" Skimmer w13" orlflce Eiev. (feet) 892.00 892.50 893.00 894.00 895.00 896.00 897.00 898.00 Disch. (cfs) 0.000 0.600 0.600 0.600 0.600 0.600 0.600 0.600 #3 Device 1 898.00' 60.0" Horiz. Orifice/Grate C= 0.600 Limited to weir flow at low heads #4 Secondary 900.00' 12.0' long x 28.0' breadth Broad -Crested Rectangular Welr Head (feet) 0.20 0.40 0.60 0.80 1.00 1,20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=3.43 cfs @ 17.96 hrs HW=898.14' (Free Discharge) =Culvert (Passes 3.43 cfs of 103.88 cfs potential flow) 2=6" Sklmmer wl 3" orifice (Custom Controls 0.60 cfs) 3=OriflceiGrate (Weir Controls 2.83 cfs @ 1.24 fps) econdary OutFlow Max=0.00 cfs @ 5.00 hrs HW=892.00' (Free Discharge) =Broad -Crested Rectangular Weir ( Controls 0.00 cfs) A-13 from Page A-4 KfngsMtn Type /i 24-hr 25-year Rainfal1=6.45" Prepared by WSP SELLS Printed 1114/2011 HydroCAD® 9.00 sln 04719 © 2009 HydroCAD Software Solutions LLC ' Summary for Pond 2P: S13-1 I Inflow Area-= 56.860 ac, 0.00% Impervious, Inflow Depth > 2.�18" f r 25-year event Inflow 245.43 cfs @ 11,96 hrs, Volume= 10.349 of Outflow - 11.944 cfs @ 13.41 hrs, Volume= 4.295 af, Atten= 95%, Lag= 86.9 min Primary - 11.94 cfs @ 13.41 hrs, Volume= 4.295 of Secondary = 0.00 cfs @ 5.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 5.00-20,00 hrs, dt= 0.05 hrs tPeak Elev= 898.36' @ 13.41 hrs Surf.Area= 71,187 sf Storage= 278,466 cf Plug -Flow detention time= 221.0 min calculated for 4.295 of (42% of inflow) Center -of -Mass det. time= 131.1 min (932.8 - 801.7 ) ' Volume Invert Avail.Storage Storage Description #1 892.00' 404,550 cf Custom Stage Data (Prismatic) Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic -feet) (cubic -feet) 892.00 3,289 0 0 ' 894.00 35,165 38,454. 38,454 896.00 55;416 90;581- 129,035 898.00 68,562 1,231978 253,013 900.00 82,975 151,537 404,550 Device Routing_ Invert Outlet Devices 1 #1 Primary 892.00' 48.0" Round Culvert L= 80.0' CMP, square edge headwall, Ke= 0.500 Outlet Invert= 891.00' S= 0.0125'P Cc= 0.900 n= 0.025 Corrugated metal #2 Device 1 892.00' 6" Skimmer wl 3" orifice Elev. (feet) 892.00 892.50 893.00 894.00 895.00 896.00 897.00 898.00 Disch. (cfs) 0.000 0.600 0.600 0.600 0.600 0.600 0.600 0.600 #3 Device 1 898.00' 60.0" Horiz. Orifice/Grate C= 0.600 Limited to weir flow at low heads #4 Secondary 900.00' 12.0' long x 28.0' breadth Broad -Crested Rectangular Welr Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 �Primary OutFlow ax= 1.89 cfs @ 13.41 hrs HW=898.36' (Free Discharge) ri =Culvert (Passes 11.89 cfs of 107.44 cfs. potential flow) L2=6" Skimmer wl 3" orifice (Custom Controls 0.60 cfs) 3=OrificelGrate (Weir Controls 11.29 cfs @ 1.97 fps) econdary OutFlow Max=0.00 cfs @ 5.00 hrs HW=892.00' (Free Discharge) = Broad -Crested Rectangular Weir ( Controls 0.00 cfs) I A-14 1 1 1 I I 0 1 CHANNEL CALCULATIONS 1 1 0 ,ross Sections Selected for the Velocity Calculations from the Pond Discharge 1 Q " 010-H1 iNiels \ _ _ 1 a 2 - � AT NoPrut.7y P 13 S E L L S 7/&mWS TraneportaHon & Infrastructuro - � ��.-1� I�� Sheet No. �......... / COMP. 8 ........ ... Date Project ..... of ..,.....1......... l ` Chkd. By ..............................................Date.................................... Su6Ject.,..,M.R�?.}�.�Y...�............�..,,...,...,,....,..,..,.,,...,,,..,..,. fob No....1�.�P..�.4�iS�................. ................................................................................. r I !N EarL�N = �, 4 Z 01010 ........... ` esvt Qy,,Q�. C Gl�nlb� Joe'lu $f14AJ q,OAp Igo = D► 0 AO .......�,o� e M 4,uNt F-PF�� Ir d of T 3 ; !6 o4 MNo2 0, 000 0.000 See Attachment B for Details used to generate the figures used above. 1 1 1 1 1 1 1 1 1 1 1 1 1 a ®R' _W mlodillm CROSS SECTION CHANNEL AT PROPERTY LINE 1 O O O O 0 � N d- (,O m 0 1 1 1 0 1 1 1 1 1 Worksheet Worksheet for Trapezoidal Channel Project Description Workshoe# Channel at Proper Line - Sklmmer Flow Flow Element Trapezoidal Channel Method Manning's Fonnula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.045000 Rift !_eft Side Slope 3.00 H : V Right Side Slope 3.00 H : V Bottom Width 2.00 1t Ischarge 0.60 cis Q from skimmor Results Depth 0.17 it Flow Area 0.4 ft' Wetted Perimeter 3.07 it Top Width 3.02 ft Critical Depth 0.13 ft Critical Slope 0.110768 fUft Velocity 1.41 (Us < 5 fps Velocity Head 0.03 ft Specific Energy 0.20 it Froude Number 0.66 Flow Type Suberitical Project Engincer: Chas H. Bolls 1:1...193-design data101-erosloniking_mtn_mtne.fm2 Chas H. Sells FlowMaster v6.1 (6140( 01/19/11 09:08:24 AM 0 Haestad Methods, Inc. 37 Brooksfde Road Waterbury, CT 06708 USA (203) 765-1666 Page 1 of 1 e 1 1 1 1 1 1 1 1 Worksheet Worksheet for Trapezoidal Channel Project Descttptlon Worksheel Channel at Property tine - 10 year storm Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.045000 f 1ft Left Side Slope 3.00 H: V Bight Sldo Slope 3.00 H: V Bottom Wdth 2.00 ft Discharge 3.43 cfs = 010 from S6-1 Results Depth 0.44 ft Flow Area 1A fl' Wetted Perimeter 4.76 ft Top Width 4.62 ft Critical Depth 0.37 ft Critical Slope 0.083903 ft/ft Velocity 2,37 fVS < 5 fps Velocity 1-lead 0.09 ft Specific.Energy 0.62 ft Froude Number 0.75 Flow Type Subcritical Project Englneer. Chas H. Sells 1:l.,103 da81pr1 datati01•erosloniking_mtn_m1ne.fm7. Chas H. Sells FlowMaster ve.1 ]814o] 01/19/11 00 1V13 AM ®Haestad Methods, Inc, 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page i of 1 Worksheet Worksheet for Trapezoidal Channel Project Description Worksheet Channel at Property Line - 25 year storm Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.045000 ft/ft Left Side Slope 3.00 H: V Right Side Slope 3.00 FI : V Bottom Width 2.00 ft. Discharge 11.89 cfs = Q25 from S8-1 Results Depth 0.81 It Flow Area 3.6 ft3 Wetted Perimeter 7.11 It Top Width 6.85 it Critical Depth 0.73 it Critical Slope 0.070464 ftlft Vefoclt 3.32 ft/s < 5 f s Velocity Head OA7 It Specific Energy 0,98 It Froude Number 0.81 Flow Type Subcritical A-21 Project Engineer: Chas H. Sells 1:1.,,103 dosign data101-erosfonVdng_mtn—mino.fm2 Chas H. Sells FlowMaster v6,1 [614o] 01/19/11 09:12:54 AM ®Haestad Methods, Inc. 37 Brookalde Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 1 1 1 1 1 1 1 1 1 1 1 1 M M M '01 EN CROSS SECTION CHANNEL BELOW RIP RAP APRON 5 c o N�d- �-o Worksheet Worksheet for Trapezoidal Channel 1 1 1 1 1 1 1 1 1 1 1 Project Description Worksheet Channel Below Rip Rap Apron - Skimmer Flowl Flow Element Trapezoldal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannink7s Coefficient 0,060 slope 0.0813900 lt/ft Left Side Slope 3.00 H : V Right Side Slope 5.50 H : V Bottom Width 1.00 ft Discharge 0.60 is - Q from skimmer Results Depth 0.10 R Flow Area 0.3 fl= Wetted Perimeter 2.61 It Top Width 2.66 ft Critical Depth 0.17 ft CriticalSlope 0.108246 ft/ft Velocity 1.83 ftls c 5 fps Velocity Head 0.05 ft SpecHic Energy 0.24 It Froude Number 0.90 Flow Type Saubcrilical A-23 Project Englnear. Chas H. Sells I:\ ..\03-design data101-erosioniking_mtn mine.fm2 Chas H. Sells FiowMastor v6.1 [814oj 01/19111 09:15:41 AM O flaestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1oGEl Page 1 of 1 Worksheet Workshest for Trapezoidal Channel 1 Project Description Worksheet Channel Below Rip Rap Apron - 10 year storm Flow Element Trapozoldaf Channel Method Manning's Formula Solve For Channel Depth ' Input Data Mannings Coefficlent 0.060 Slope 0,0136900 ftlfl ' Left Sldo Slopo 3,00 H: V Right Side Slope 5.50 H : V Bottom Width 1.00 It Discharge 3.43 cfs = Q10 from SB-1 Results Depth 0.42 it ' Flow Area 1.2 IV Wetted Perimeter 4.70 ft Top Width 4.59 ft Critical Depth 0.42 ft 1 Critical Sloe 0.084940 ft/ft Velocity 2.91 ftls < 5 fps Velocity Bead 0.13 ft ' Specific Energy 0.55 ft Froude Number 1.01 Flow Type Supercritical 1 A-24 Project Engineer: Chas H. Sells 1a..103- design data101-orosloniking_mtn_mine.fm2 Chas H. Sells FlowMasler v6.1 [614o] ' 01/19/11 09:17:12 AM m Haestad Methods, Inc. 37 13rookside Read Waterbury, CT 08706 USA (203)755-1666 Page 1 of 1 Worksheet Worksheet for Trapezoidal Channel 1 1 1 1 I 11 Project Description Worksheet Channel Below Rlp Rap Apron - 25 year storm Flow Element Trapezoidal Channel Method Manning's Formula Salve For Channel Depth Input Data Mannings Coefficient 0.060 Slope 0.086900 ft/ft Left Side Slope 3.00 H: V Right Side Slope 6.50 H: V Bottom Width 1.00 ft 131"harge 11.89 cfs = Q25 from S8-1 Resutts Depth 0.73 ft Flow Area 3.0 ft2 Wetted Perimeter 7.37 ft Top Width 7.19 ft Crllical Depth 0.76 ft Critical Slope 0,071908 ft/ft Velocity 3.99 ft/s < 5 f s Velocity Head 0.25 ft Specific Energy 0.98 ft Froude Dumber 1.09 Flow Type Supercritical A-25 Project Engineer: Chas H. Sells 1:1... 103-design data101-oroslon\king_mtn—mine.fm2 Chas H. Sells FlowMastor v6.1 (614o) 01/19/11 09:18:53 AM ®Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 1 1 11 1 1 u ATTACHMENT B � NC DENR Erosion and Sediment Control ' Planning Manual —Estimating Roughness Coefficients 1 I 6 0 6 I 1 I 1 I I Appendices This section describes a method for estimating the roughness coefficient n for use in hydraulic computations associated with natural streams, floodways, and excavated channels. The procedure applies to the estimation of in Manning's fonnula (Appendix 8,05). The coefficient of roughness n quantifies retardation of flow due to roughness of'channel sides, bottom, and irregularities. Estimation ofn requires the application of' subjective judgement to evaluate five primary factors: • irregularity of the surfaces of the channel sides and bottom; • variations in the shape and size of the channel cross sections; • obstructions in the channel; • vegetation in the channel; and • meandering of the channel. Procedure For The procedure for estimating n involves selecting a basic value for a straight, uniform, smooth channel in the existing soil materials, then modifying that Estimating n value with each of the five primary factors listed above. Table 8.04a Basic Value of Roughness Coefficient for Channel Materials In selecting modifying values, it is important that each factor be examined and considered independently. Step 1. Selection of basic value of n. Select a basic n value for a straight, uniform, smooth channel in the natural materials involved. The conditions of straight alignment, uniform cross section, and smooth side and bottom surfaces without vegetation should be kept in mind. Thus, basic n varies only with the material than forms the sides and bottom of the channel. Select the basic n for natural or excavated channels from Table 8.04a. If the bottom and sides of a channel consist of different materials, select an intermediate value. Soil Material Basic n Channels in earth 0.02 Channels in fine gravel 0.024 Channels cut into rock 0.025 Channels in coarse gravel 0.028 Step 2. Selection of modifying value for surface irregularity. This factor is based on the degree of roughness or irregularity of the surfaces of channel sides and bottom. Consider the actual surface irregularity, first in relation to the degree of surface smoothness obtainable with the natural materials involved, and second in relation to the depths of flow expected. If the surface irregularity is comparable to the best surface possible for the channel materials, assign a modifying value of zero. Irregularity induces turbulence that calls for increased modifying values. Table 8.04b may be used as a guide to selection of these modifying values. E 8.04.1 1 0 I I 1 Table 8.04b Modifying Value for Roughness Coefficient Due to Surface Irregularity of Channels Degree of Surface Comparable Modifying Irregularity Value Smooth The best obtainable for the materials 0.000 Minor Well -dredged channels; slightly eroded or scoured side slope of canals or drainage channels 0.005 Moderate Fair to poorly dredged channels; moderately sloughed or eroded side slopes of canals or drainage channels 0.010 Severe Badly sloughed banks of natural channels; badly eroded or sloughed sides of canals or drainage channels; unshaped, jagged and irregular surfaces of channels excavated in rock 0.020 Source for Tables b - f: Estimating Hydraulic Roughness Coefficients Step 3. Selection of modifying value for variations in the shape and size of cross sections. In considering this factor,judge the approximate magnitude of increase and decrease in successive cross sections as compared to the average. Gradual and uniform changes do not cause significant turbulence. Turbulence increases with the frequency and abruptness of alternation from large to small channel sections. Shape changes causing the greatest turbulence are those for which flow shifts from side to side in the channel. Select modifying values based on '['able 8.04c. Step 4. Selection of modifying value for obstructions. This factor is based on the presence and characteristics of obstructions such as debris deposits, stumps, exposed roots, boulders, and fallen and lodged logs. Take care that conditions considered in other steps not be double -counted in this step. In judging the relative effect of obstructions, consider the degree to which the obstructions reduce the average cross -sectional area at various depths and the characteristics of the obstructions. Sharp -edged or angular objects induce more turbulence than curved, smooth -surfaced objects. Also consider the Table 8.04c Modifying Value for Roughness Coefficient Due to Variations of Channel Cross Section Large and small sections alternating occasionally, or shape changes causing occasional shift of main flow from side to side 0.005 Large and small sections alternating frequently, or shape changes causing frequent shift of main flow from side to side 0.010 - 0.015 0 0 I I 1 1 0 I 1 1 11 H Out -of -Bank Condition Channel And Flood Plain Flow Table 8.04d Modifying Value for Roughness Coefficient Due to Obstructions in the Channel Appendices transverse and longitudinal position and spacing of obstructions in the reach. Select modifying values based on Table 8.04d. Step 5. Selection of modifying value for vegetation. The retarding effect of vegetation is due primarily to turbulence induced as the water flows around and between limbs, stems, and foliage and secondarily to reduction in cross section. As depth and velocity increase, the force of flowing water tends to bend the vegetation. Therefore, the ability of vegetation to cause turbulence is related to its resistance to bending, Note that the amount and characteristics of foliage vary seasonally. In judging the retarding effect of vegetation, consider the following: height of vegetation in relation to depth of flow, its resistance to bending, the degree to which the cross section is occupied or blocked, and the transverse and longitudinal distribution of densities and heights of vegetation in the reach. Use'Fable 8.04e as a guide. Step 6. Computation of n, for the reach. The first estimate of roughness for the reach, n,, is obtained by neglecting meandering and adding the basic n value obtained in step l and modifying values from steps 2 through 5. ns = n + E modifying values Step 7. Meander. The modifying value for meandering is not independent of the other modifying values. It is estimated From then obtained in step 6, and the ratio of the meandering length to the straight length. The modifying value for meandering may be selected from Table 8.04f. Step S. Computation of n for a channel reach with meandering. Add the modifying value obtained in step 7, to n, obtained in step 6. The procedure for estimating roughness for an existing channel is illustrated in Sample Problem 8.04a. Work with natural floodways and streams often requires consideration of a wide range of discharges. At higher stages, both channel and overbank or flood plain flow may occur. Usually, the retardance of the flood plain di0ers significantly from that of the channel, and the hydraulic computations can be improved by subdividing the cross section and assigning different n values for flow in the channel and the flood plain. If conditions Ararrani,'the flood plain may be subdivided further. Do not average channel n with flood plain n. The rr value for in -bank and out -of -bank flow in the channel may be averaged. Relative Effect of Obstructions Modifying Value Negligible 0.000 Minor 0.010 to 0.015 Appreciable 0.020 to 0.0.30 Severe 0.040 to 0.060 8.04.3 1 I I T,r I I 1 0 Table 8.04e Modifying a ue or Roughness Coefficient Due to Vegetation in the Channel 1 1 1 1 1 1 8.04.4 1 Vegetation and Flow Conditions Range in Modifying Value Comparable to: Low Effect 0.005 to 0.010 Dense growths of flexible turf grass or weeds, such as Bermudagrass and Kentucky bluegrass. Average depth of flow is 2 to 3 times the height of the vegetation Medium Effect Turf grasses where the average depth of flow is 1 to 2 times the height of vegetation Stemmy grasses, weeds or tree seedlings with moderate cover where the average depth of flow is 2 to 3 times the height of vegetation Brushy growths, moderately dense, similar to willows 1 to 2 years old, dormant season, along side slopes of channel with no significant vegetation along the channel bottom, where the hydraulic radius is greater than 2 feet High Effect Grasses where the average depth of flow is about equal to the height of vegetation Dormant season, willow or cottonwood trees 8 - 10 years old, intergrown with some weeds and brush; hydraulic ra- dius 2 to 4 feet 1-year old, intergrown with some weeds in full foliage along side slopes; no significant vegetation along channel bottom; hydraulic radius 2 to 4 feet Grasses where average depth of flow is less than one-half the height of vegetation Very High Effect Growing season, bushy willows about 1-year old, intergrown with weeds in full foliage along side slopes; dense growth of cattails or similar rooted vegetation along channel bottom; hydraulic radius greater than 4 feet Growing season, trees intergrown with weeds and brush, all in full foliage; hydraulic radius greater than 4 feet 0.010 to 0.025 0.025 to 0.050 0.050 to 0.100 0 0 a 0 I 1 1 I 0 Table 8.04f Modifying Value for Roughness Coefficient Due to Meander in the Channel Sample Problem 8.04a Estimation of roughness coefficient for an existing channel Appendices Meander Ratio' Degree of Modifying Meandering Value 0.0 to 1,2 Minor 0.000 1.2 to 1.5 Appreciable 0.15 ns 1.5 and greater Severe 0.30 ns 'Meander ratio is the total length of reach divided by the straight line distance. To compute a roughness coefficient for flood plain flow, consider all factors except meandering. Flood plain n values normally are greater than channel values, primarily due to shallower depths of flow. The two factors requiring most careful consideration in the flood plain are obstructions and vegetation. Many flood plains have fairly dense networks of obstructions to be evaluated. Vegetation should be judged on the basis of growing -season conditions. Description of reach: Soil —Natural channel with lower part of banks and bottom yellowish gray clay, upper part light gray silty clay. Side slopes —Fairly regular; bottom uneven and irregular. Cross section —Very little variation in the shape; moderate, gradual variation is size. Average cross section approximately trapezoidal with side slopes about 1.5:1 and bottom width about 10 feet. At bankfull stage, the average depth is about 8.5 feet and the average top width is about 35 feet. Vegetation —Side slopes covered with heavy growth of poplar trees, 2 to 3 inches in diameter, large willows, and climbing vines; thick, bottom growth of waterweed; summer condition with the vegetation in full foliage. Alignment —Significant meandering; total length of meandering channel, 1120 feet; straight line distance, 800 feet. Solution: Step Description n Values Number 1 Soil materials indicate minimum basic n 0.02 Modification for: 2 Moderately irregular surface 0.01 3 Changes in size and shape judged insignificant 0.00 4 No obstructions indicated 0.00 5 Dense vegetation 0.08 6 Straight channel subtotal, ns = 0.11 7 Meandering appreciable, meandering ratio: 1120/800 = 1.4 Select 0.15 from Table 8.04f 8 Modified value = (0,15)(0,11) = 0,0165 or 0.02 Total roughness coefficient n = 0.13 B-� 8.04.5 I FI I I A TTA CHMENT C Permissible Velocities J ' NC DENR Erosion and Sediment Control Planning Manual - Table 8.05a 1 a I 0 I 1 Table 8.05a Maximum Allowable Design Velocities' for Vegetated Channels Typical Soil Grass Lining Permissible Velocity3 Channel Slope Characteristics' for Established Grass Application Lining {ftlsec) Easily Erodible Bermudagrass 5.0 Non -plastic Tall fescue 4.5 (Sands & Silts) Bahiagrass 4.5 Kentucky bluegrass 4.5 Grass -legume mixture 3.5 Erosion Resistant Bermudagrass 6.0 Plastic (Tall fescue 5.5 (Clay mixes) Bahiagrass 5.5 Kentucky bluegrass 5.5 Grass -legume mixture 4.5 5-10% Easily Erodible Bermudagrass 4.5 Non -plastic Tall fescue 4.0 (Sands & Silts) Bahiagrass 4.0 Kentucky bluegrass 4.0 Grass -legume mixture 3.0 Erosion Resistant Bermudagrass 5.5 Plastic Tall fescue 5.0 (Clay mixes) Bahiagrass 5.0 Kentucky bluegrass 5.0 Grass -legume mixture 3.5 >10% Easily Erodible Bermudagrass 3.5 Non -plastic Tall fescue 2.5 (Sands & Silts) Bahiagrass 2.5 Kentucky bluegrass 2.5 Erosion Resistant Bermudagrass 4.5 Plastic Tall fescue 3.5 (Clay mixes) Bahiagrass 3.5 Kentucky bluegrass 3.5 Source: USDA-SCS Modified NOTE: 'Permissible Velocity based on 10-year storm peak runoff 2Soil erodibility based on resistance to soil movement from concentrated flowing water. 'Before g rass is established, permissible velocity is determ ined by the type of temporary liner used. Selecting Channel To calculate the required size of an open channel, assume the design flow is ' uniform and does not vary with time. Since actual flow conditions change Cross -Section throughout the length of a channel, subdivide the channel into design reaches. Geometry and design each reach to carry the appropriate capacity. ' The three most commonly used channel cross -sections are "V"-shaped, parabolic, and trapezoidal. Figure 8.05b gives mathematical formulas for the area, hydraulic radius and top width of each of these shapes. ' 8.05.4 C-1 acl 1.• _.....a _—_�— ''u-:L. a__..1 ,_�., _... __S __. Ila,,.___1_...: 1..I_v_� rL L�J z0 �z ....................... . ....................... C3 :::::::::::: C_7 .................... Li' �? } a ......... Cri LL1 Z 0 r, L1'. 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' r -' y� ! .93i-� ; GROUND: 943.35' 2 ` U CAVATED B�FER 944 G1�EV: 909.05' so 0 � 201 off 1 o72M92 918.9 �4 946.E 25' UNEXCAVATED BUFFER TOP OF PVC: 904.37' 'g4da GROUND: 901.45' 92 010H1068M �"'� N GW ELEV: 876.27' 93�.6 ,- SOP\ OF PVC: 925 9' �O 9,e, , / i r� U D : 922.05 w w 932 Gj--FLEV: 901 5' •932.4 93 , O h� P OPOSED F CE LINE 947.9 . S 1 j ;,011OH10 25' UN XCAVA / L'BUFFER r.�M yr <i' O� 25'JNEXCAV�' y9sli 1. t TOP OF P : 922.89' gig, • 'fir ;` BUFFER y I RB GROUND* 19.98I / y 0941.9 892.97 ' GW E ; " 946.6E I N S RT Zo +-+w 3Y O j 1�`�a -Jg ^S{'891.F�r FOR 944.� f ' 2010H10 Oli * s 10H 1073M _ O TOP OF PVC 944.8 � • s GROUND: 941.70' F PVC: 909 69 GW ELEV: 90 .97 PROPOSED FENCE LINE ou 06.74'' e'', '946.9 • i r COY UEV: 84g1 ' 94o.s '939.6 ' UNEXCAVATED B .FE '94 944.6 COPYRIGHT © F.R. LEDFORD & ASSOCIATES, P.A., ALL RIGHTS RESERVED. ANY REPRODUCTION OR USE OF THIS DOCUMENT OR ADDITIONS OR DELETIONS TO OR FROM THIS DOCUMENT, IN WHOLE OR IN PART, WITHOUT THE EXPRESS WRITTEN PERMISSION OF FRANK LEDFORD, PLS. IS PROHIBITED. ONLY COPIES BEARING THE ORIGINAL SIGNATURE AND SEAL OF THE LAND SURVEYOR WILL BE CONSIDERED VALID, TRUE COPIES. 25' UNEXCAVATED HU, C(DRR. 11 72- J 8 3 -6.15 ACRES IN RR R/1X/ -1.79 ACRES IN ROAD R/W 89.82 ACRES NET 1, FRANK LEDFORD, CERTIFY THATTHE 8OUNIDARY H REO S A COMPOSITE OF PREVIOUS SURVEYS. ONLY DRILL HOLES WERE PHYSICALLY !_OCATEL: S L70F T4 aIS DATE. THIS MAP WAS NOT PREPARED FOR RECO.RDA I- 10N, %lill"NE.°SS #'lliY' ORIGINAL SIGNATURE, REG)STATION NUMBER BER AND SEAL THIS DAY OF NCPLS L-2656 KINGS MOUNTAIN MINERALS, INC. IMERYS PERFORMANCE MINERALS TOWNSHIP NO. 4 LEV D COUNTY, NC TOW C ELAN 11496 JUNE 4, 2010 1 " = ISO' - DDM 1 F.R. LEDFORD & ASSOCIATES S Land Surveying & Mapping POS FE E LIN \ 927.6 924.9 934.6 2 UNEXCAVA D BUFFE 930.6 / 4� •: PROPOSED FENCE LINE - f. ;r:=•' ry(„Y It e '/�., 01 OH 107 OP OF PVC: 35.7,8' ROUND: 932. 5', GW ELEV: 911.0 s+ 25' UNEXCAVATED BUFFER 9S1 951.3 • 945.8 i"9s3 ,:Y y, W 1 0 '.2 ,, ,'M': • 4s2,4 Y KM PARK, LLC 1 47-165 LEGEND OVER EA : ECTk` INE EXISTING FENCE LlNll� PROPOSED FENCE ' Ali - - - - - - - UNEXCAVATED BU:"'S . LINE ?j MONITORING `JVEU. EXISTING WATER Vll, . EXISTING FOREST BAt �' f? 905- ROUND' '/A L1 F..° :. . R .N. : JURISDICTIONAL Vlk 1. I� S­, : t, ITy�w. � •9538 ' SCALE: :, -..-...__.... �_.r..-�.e,_-....,.,-,.._-^---- "^may ���.:.-�� _ �..• ... , . } � � _ � i iVk5 _':1- i' R . 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Of L, + Cf) LL U) 0 Z) LJ 0 < Z W U) Q) 6 C) 000 in- 0 0 E F=X >_ V) LLJ > rr Lo T z U) co cr) < a Ld <Jz 0 IT < 7-0 Z 1-- 0 cr 0 < V) �_ L) < C a_ t� >- LLJ (L F_ LI_ 0 C) 0 C: cc 1� z z viow LJ LLj z LU — .W_ _j :D M 0 C) I X co WMIX < i­- Ld z U 0 0 6W V) 0 C) L) 0:� M P, 0 0 In D -i < N 0 La- < I.- < 0 co OZ> < 0 L� I _J < < F- -j W TZ (n -i Z y Of U.1 >- Lj Lij < - Lli z P X 0 W < U) > 0 < 0 0 Of LLJ Z W<- 0 V) UJ U_ z V) CIL 0 LL 0 Z LJJ LIJ - Z: WWI :) 0 V) < Z) o U, 0 W W C) wW _j 0 0 z _j 0!� 0 < < 0 Im z L) z LLI 0 V) (n 5 En 0 z M 0 P T LI) Fjf D� LLJ Z 0:2 0 0 M 0 _j U) D_ o HE D L� 0 Cf) 0 z mom LJ W < 000 CL C) m < -0 LLJ z _j _j z LL CD CE (D U-) 0 W >- z Li W Z LU 0 0 t E ,4- z 0 z < > — 0 0 II zo Li LjJ V) < L.L -i V) Z z z z U Ld o Of 16 oul Ui it < 0 L) o Project: Kings Mountain July 2010 AF Date: Preliminary Wetland Approximation Suitable for Preliminary Planning Only S&EC reserves the right to modify this map based on more fieldwork, surveyed delineations and any other additional information. Approximations were mapped using topographic maps and ground truthing. If these areas are to be used, they must be approved sand Permitted by the U.S. Army Corps of Engineers. Legend •f Jurisdictional Stream. Requires approval by US Army Corps of Engineers. Permits required in order to impact. 12 Sample pink S&EC logo flag NJ Non jurisdictional area (no stream or wetlands) Feature 'A' on stream forms Feature 'C' on stream forms COPYRIGHT 0 F.R. L8CKRD 6 ASSOCIATES, P.ti, ALL RIGHTS RESERVED. ANY REPRODUCTION OR USE OF THIS DOCUMENT OR ADDIIONS OR D82TIONS TO OR FROM THIS DOCUMENT, IN WHOLE OR N PARS, WITHOUT THE ETXPRESS WR3rE N PERMWON OF FRANK LEDFORD, PLS, IS PROHIBRED, ONLY COPIES BEARING THE ORIGINAL SIGNATURE AND SEAL OF THE LAND SURVEYOR HALL BE CONSIDERED VAUD, TRUE COPIES. 29 BOUNDARY LEGEND • EXISTING IRON 0 EXISTING CONCRETE MONUMENT A RR SPIKE SET EXISTING PK NAIL UNMARKED POINT GAS LINE MARKER X POWER POLE OVERHEAD ELECTRIC LINE VICINITY MAP NO SCALE MAP LEGEND CURBS PAVED ROADS -- UNPAVED ROADS ------------ BRIDGES BRIDGE WING. HEAD, END WALLS ------------ PAVED DWfEWAYS 3 PARK64G UNPAVED DRIVEWAYS & PARKING -•••-• - CHANGE IN ROAD SURFACE } RAILROADS BUILDINGS ------ ---- FOUNDATION ---- AREA OUTLINE • POLE O LOCATED UTILITY OBJECT >- -- t CULVERT -X- FENCE ------------ PAVED DITCH + CCNTROL POINT CS CATCH S44tN O LOCATED OBJECT r GUARD RAIL ,Y YYYt TREE LINES I WOODS r HEDGE! SCRUB LINE SINGLE TREE Q SHRUB ------------ SWIMMING POOLS WALLS DAMS --- - - -- - HYDRO 4 FIRE HYDRANTS WATER VALVE -- FOOTBRIDGE INDEX CONTOUR INTERMEDIATE CONTOUR '3W SPOT ELEVATION -,-- OBSCURE INDEX CONTOUR OBSCURE INTERMEDIATE CONTOUR -------- OBSCURED AREA OUTLINE THIS MAP WAS PREPARED IN ACCORDANCE WITH THE ACCEPTED NATIONAL MAP ACCURACY STANDARDS FOR THE INDICATED SCALE AND CONTOUR INTERVAL. ALL WORK PERFORMED BY OR UNDER THE DIRECT SUPERVISION OF A PROFESSIONAL PHOTOGRAMMETRIST. DASHED CONTOURS MAY NOT MEET NATIONAL MAP ACCURACY STANDARDS. DATE OF PHOTOGRAPHY: MARCH 20, 2010 100 0 100 200 300 GRAPHIC SCALE --'FEET MAP COMPILED BY PHOTOGRAMMEi RIC METHODS- T'=]W MAP SCALE With 7 CONTOUR INTERVAL F.R. LEDFORD & ASSOCIATES DATE: APRIL 19, 2010 No Gp TI U F9 D M < Fj M td F7 < < O co m m m 7�) R` J n,: ro n F'l r7 tj -0 fu 71 z FTI tj 7j -K Fj co > 71 F7 — i x r vv CO oo cl� z 1 17 Tli cl� 7> NCGS GRID NORTH - NAD83 ALL DISTANCES HORIZONTAL Fm"a ASIA v