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HomeMy WebLinkAboutNCG020536_COMPLETE FILE - HISTORICAL_20130226STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV uc Oo1 D 5 3 DOC TYPE e-HISTORICAL FILE 0 MONITORING REPORTS DOC DATE p c� () i --�) Ja a� YYYYMMDD ANA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Richard G. Taylor Bogue Sound Septic & Grading, Inc 345 Barrington Ridge Rd Newport, NC 28570 Dear Mr. Taylor: Division of Water Quality Charles Wakild, P. E. Director February 26, 2013 John Skvarla Secretary Subject: NPDES General Permit NCG020000 Certificate of Coverage NCG020536 Wilinoth Mine Onslow County Division personnel received your request to revise your stormwater permit Certificate of Coverage to accurately reflect your new company and/or facility name. 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 919-807-6300. Sincerely, ORIGINAL SIGNED S) KEN PICKLE for Charles Wakild, P.E. cc: Wilmington Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1617 Mail Service Center, Rategh, North Carolina 27699-1617 Location: 512 N. Salisbury 51. Raleigh, North Carolina 27604 Phone: 9IM07-63001 FAX: 919.8U-64941 Customer Service:1-877-623-6748 Internet; www,ncwaterquality.org NorthCarofina An Equal Opparlunity 1 Affrmal�ve Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020536 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, Bogue Sound Septic & Grading, Inc is hereby authorized to discharge stormwater from a facility located at Wilmoth Mille Frazier Field Rd Hubert Onslow County to receiving waters designated as a UT to Queen Creek, a class SA, waters in the White Oak 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 February 26, 2013, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 26, 2013. ORIGINAL SIGNED 131 KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 1 2 P R 0 0 5 7 6 3 r INVOICE Annual Permit -Fee Overdue 6Thisnual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit -for any t mi a un -th annual fee period, regardless of the facility's operating status. Failure to pay the fee -by -the he due date will subject the pe it to revocation. Operating without a valid permit is a violation and is subje to a $10,000 per day fine. If the perm is revoked and you later decide a permit is needed, you must reapply, wt u st may be denied due to changes in environmental, regulatory, or modeling conditions. — —-�- - Permit Number: NCG020536 Onslow County Wilmoth Mine - Hubert Stuart G. Wilmoth 3690 Freedom Way Hubert, NC 28539 d)_L — s Annual Fee Period: 2012-08-01 to2013-07-31 In;u:e ice Date:_07113!_ 2 LDa:08/12/12 �t � - Annual Fee: $100,00 Notes: 1. A $25.00 processing fee will be charged For returned checks in accordance with the North Carotin 3-512 . r2D(NR f 1: ,.. 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. ��ip 3. Remit payment to: ' '� �Ln NCDENR - Division of Water Quality � � 0113 1617 Mail Service Center Raleigh, NC 27699-1617 _-yy� UJT' . 4. Should you have any questions regarding this invoice, pl ase contact the Annual Administeringottis?13�'—ie'nch I Coordinator at 919-807-6a�l— ��a� W11,V , ,A- P/4rWNs TIE a.�e a7-5 a_;�uked dtfed---------------------------------- (ReNrn This Portion WkM1 GM1xk)p ANNUAL PERMIT INVOICE II�IIIIII�IG191YIIIIn�� 1% Permit Number: NCG020536 Onslow County Wilmoth Mine Hubert Stuart G. Wilmoth 3690 Freedom Way Hubert, NC 28539 Overdue Annual Fee Period: 2012-08-01 to 2013-07-31 Invoice Date: 07/13/12 Due Date: 08/12/12 Annual Fee: $1oo.00 Check Number: Stuart G. Wilmoth 3690 Freedom Way Hubert, North Carolina 28544 910-326-4900 Land Quality Section Division of Land Resources .Department of Environment and Natural Resources State of North Carolina 1612 Mail Servioe Center Raleigh, NC 27699-1612 Re: Transfer Request of Wilmoth Mine, Onslow County -Permit No. 67-32 February 1, 2012 To Whom It May Concern: By this letter I am requesting that the above referenced mine be transferred to: Richard G. Taylor, President Bogue Sound Septic and Grading, Inc. 325 Barrington Ridge Newport, NC 28570 Mr. Taylor and his Company .have agreed to abide by all the conditions as called out in the permit for the Wilmoth Mine located in Onslow County and being Mute Permit No. 67-32 which is current through April 1, 2020. He has also acknowledged that he will accept any and all responsibilities and liabilities with respect to the Mining Act of 1971. Thank you for your consideration in this matter. Sincerely, Stuart G. Wilmoth A IVA4 NC®ENR North Carolina Department of Environment and Natural Rescurces Division of Land /�[�■I Resources L�"p]��n U. Ste, PG, P!E Ekndmr and State GedbW CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1125 7443 Mr. Stuart G. Wilmoth 3690 Freedom Way Hubert, North Carolina 28544 RE: Permit No. 67-32 Wilmoth Mine Onslow County White Oak River Basin Dear Mr. Wilmoth: 8'evedy Eaves Perdue, GovemT Dee Freeman, Secretary !cG 626S37- a',a-� C Your request to have Mining Perm No. 67-32 transferred in its entirety from you to Bogue Sound Septic and Grading; nc. has been approved. As we have received Bogue Sound Septic and Grading, Inc.`s required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your $9,400.00 Assignment of Savings Account (No. 000771421866) to you for your disposal. Thank you for your cooperation in this matter. Sincerely, r r � I JJ net S. Boyer, PE I Mining Specialist Land Quality Section JSBiar Enclosure: ASA No. 000771421866 cc: Mr. Dan Sams, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau File 1612 Maa1 Senrsoe Center, Rafeo, WrOh Caursa 27699-1612 .919-707- AFAR 919-733-2876 Sit North SaAsbury Street, Raleigh, Forth Carolina, 27604 Internet: http:6lpoFW.r denr.org/webArAand-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled t 10% Post Consumer Paper ._ L.L&,- adv�® NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. F. Dee Freeman Governor Director Secretary December 4. 2012 Richard G. Taylor Bogue Sound Septic and Grading Inc 345 Barrington Ridge; Rd Newport, NC 28539 Subject: NPDES General Permit NCGO2p000 Certificate of Coverage NCCJ020536 Wilntoth Mine Onslow County Dear Mr. Tavlor: On April 13, 2012, Division personnel received your request to revise your stormwater hermit 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 full effect. This revised Certificate of Coverage is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreenletit between North Carolina and the U.S. Environmental Protection Agenev. If you have any questions, please cQrltact the Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED B) KEN PICKLE for Charles Wakild, P.E. cc: Wilmington Regional Office Central Files Stormwater Permitting Unit Wetlands and Stormwater Branch 1517 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St, Raleigh, North Carolina 27604 Phone: 9 19-807-6300 1 FAX 91M07-64941 Customer Service: 1-877.623.6748 Internet: www.ncwaterquality.org An Equal Oppartunily',P}tinnative Action Employer Nne orth Caro l I Il a naturally L-1 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020536 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, Rogue Sound Septic and Grading Inc is hereby authorized to discharge stormwater from a facility located at Wilmoth Mine Frazier Field Rd Hubert 011SIO\1' COUnty to receiving waters designated as a UT to Queen Creek, a class SA, waters in the White Oak River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, li, III, 1V, V and V1 of General Permit No. NCG020000 as attached. ]'his certificate of coverage shall become effective December 4, 2012. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 4, 2012. ORIGINALSIGNED BI KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality BY -Authority of the Environmental Management Commission Pickle, Ken From: Pickle, Ken Sent: Thursday, July 19, 2012 12:17 PM To: Lowther, Brian - Cc: Bennett, Bradley -..'._. Subject: Heads up ,Rescission request working its way toward us Hi Brian,~ Just took a call from Ms. Wilmoth con erning recently received billing for her husband's permit to discharge from the Wilmoth Pit under COC NCG020536. BIMS shows their permit coverage as active. However, Ms W. reports that they sold the mine to Bogue Sound Septic & Grading in 2011. 1 note that Bogue Sound Septic &Grading holds COC NCG02053 Based on reviewing both original COC issuance letters by Mack Wiggins in 2000 in the SPU files, it looks like thes two permittees were immediate neighbors. It appears that now Bogue has acquired the adjacent sand pit from th Wilmoths. is C' 6o, 3 a I--- � Conclusion: we have two active COCs for what is now a single contiguous operation under one owner. NCG020536 and NCG020537. She does not recall that either party sent in a N/O Change: it appears that neither party requested that we rescind the COC NCG020536. ! have advised Ms. W to write an explanation across the face of the billing, including a reference to my phone call with her, and to request that we rescind the permit and to return the billing unpaid. There was an issue last year with a random renewal for 020536 that Jen and Linda Willis discussed, but from the correspondence in the SPU file it doesn't look like it is relevant to the soon -to -be -requested rescission. I've copied Bradley based on the my suspicion (from commentary in BIMS) that this site may have had some previous BIMS/administrative adjustments earlier, and I don't want to miss some prior condition that would impact the course of action I'm suggesting. Which is: let's rescind coverage under NCG020536 when Fran forwards the returned invoice. Ken Cc: SPU files NCG020536; NCG020537 Ken Pickle 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)807-6376 Fax: (919)807-6494 Email: ken. picklePncdenr.g_ov- Website: httpZZportal.ncdenr.ora/web/wq/ws/su " Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statute or other regulations." y sa_,A- t 3 )1.0 2-at3 tb s �4 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 2 0 1 2 P R 0 0 5 7 6 3 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period, regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a $10,000 per day fine. If the permit is revoked and you later decide a permit is needed, you must reapply, with the understanding the permit request may be denied due to changes in environmental, regulatory, or modeling conditions. Permit Number: NCG020536 Onslow County Wilmoth Mine - Hubert Richard G. Taylor Bogue Sound Septic and Grading Inc 325 Barrington Rdg Newport, NG 28570 Annual Fee Period: 2012-08-01 to 2013-07-31 Invoice Date: 07/13/12 Due Date: 08/12/12 Annual Fee: $100.00 Notes: 1. A $25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512 2. Non -Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR - Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 4. Should you have any questions regarding this invoice, please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. (Return This Portion With Check) ANNUAL PERMIT INVOICE Permit Number: NCG020536 onslow County Wilmoth Mine - Hubert Richard G. Taylor Bogue Sound Septic and Grading Inc 325 Barrington Rdg Newport, NC 28570 I��NIII�IIII I�BIBIn�lllll�n��� Overdue Annual Fee Period: 2012-08-01 to2013-07-31 Invoice Date: 07/13/12 Due Date: 08/12/12 Annual Fee: $100.00 Check Number: Prott'ge Land Surveying, P.A. 501 W.B. McLean Blvd. Cape Carteret, NC 28584 (252) 393-2129 FAX (252) 393-3075 MR. BENNETT, ENCLOSED YOU WILL FIND THE PERMIT NAMEIOWNERSHIP CHANGE DORM FOR THE WILMOTH MINE. ALSO, ENCLOSED YOU WILL FIND THE TRANSFERRED MINING PERMIT. IF YOU HAVE ANY QUESTIONS PLEASE GIVE ME A CALL AT (252) 393-2129 SINCERELY, JOHN ODOM Beverly Eaves Perdue, Govemor 'o�oF wArFRpG 0 lii� -%� Dec freeman, Secretary North Carolina Department or Environment and Natural Resources Colcen IL Sullins, Director Division of Water Quality SURFACE WATER PROTECTION SECTION , PERMIT NAME/OWNERSHIP CHANGE FORM Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N C S 0 N C G 0 2 D Permit status prior to requested change. a. Permit issued to (company name): Stuart G. Wilmoth b. Person legally responsible for permit: Stuart G Wilmoth First MI Last Owner Title 3690 Freedom Way Permit }Molder Mailing Address hlubert NC 28539 City State "Gip 910-326-4900 Phone Fax c. Facility name (discharge): Wilmoth Mine d. Facility address: Frazier Field Road Address Hubert NC 28539 City State Zip e. Facility contact person: Stuart G. Wilmoth 910-326-4900 First / MI I Last Phone Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Person le, sible for permit: W 1 3 '1012 d. Facility name (discharge): c. Facility address: f. Facility contact person: Bogue Sound Septic and Grading, Inc. Richard G Taylor First MI bast President Title 345 Barrington Ridge Road Permit bolder Mailing Address Newport NC 28570 City state Zip 252-393-6426 Phone E-mail Address Wilmoth Mine Frazier Field Road Address Hubert NC 28539 City State Gip Richard G Taylor First MI Last 252-393-6426 Phnnr. F.-mnil Addreccc �`! ' f r1 .. _ ......._.,....,. ,.�-.....�- .w �. 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: Same First M I last Title Mailing Address City State Zip ( ) Phone E-mail Address Will the permitted facility continue to conduct the same industrial activities conducted prior V. 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: X This completed application is required for both name change and/or ownership change requests. X 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, Stuart G. Wilmoth, 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. March 20, 2012 Signature Date APPLICANT CERTIFICATION I, Richard G. T"lor, 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. 1141� L/L/ f March 20, 2012 Signatur 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 North Carolina James D. Simons, PG, PE Director and State Geologist Mr. Richard G. Taylor Bogue Sound -Septic and Grading, Inc. 325 Barrington Ridge Newport, North Carolina 28570 RE: Wilmoth Mine Permit No. 67-32 Onslow County White Oak River Basin Dear Mr. Taylor: !k A. NCDENR lent of Environment and Natural Resources ion of Land Resources Land Quality Section March 26, 2012 Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your request to have the above referenced mining permit, issued to Stuart G. Wilmoth, transferred in its entirety to your company has been approved. 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. Ilwould like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos 38, 4C, and 9B. As a reminder, your permitted acreage at this site is 10.51 acres and the amount of land you are approved to disturb is 9.82 acres. I Again, if you should have any duestions on this matter please contact Ashley L. Rodgers, Assistant State Mining Specialist, at (919) 707-9220. Sincerely, JaJnet .Boyer, PEate Mining Specialist nd Quality Section JSBIar Enclosures CC' Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures File 1612 Mail Service Center, Raleigh, !North Carolina 27699-1612 •919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, Ndrth Carolina, 27604 Internet: http:llportal.ncdenr,org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DEPARTMENT OF ENVIRONMENT I AND NATURAL RESOURCES I 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: I Bogue Sound Septic and Grading, Inc. Wilmoth Mine Onslow County - Permit No. 67-32 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: April 1, 2020 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 offthe 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 probedures authorized by law. Definitions Wherever used or referred to in thisl 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 i July 20, 1999: This permit has been modified to increase the permitted acreage to 10.51 acres and the affected acreage to 9'.82 acres as indicated on the mine map dated February 1999. 1 April 1, 2010: This permit has been modified to remove the unexcavated buffer along the western permit boundary and create one large lake area with the adjoining existing lake/permitted mine operated by L. B. Page Landscaping Company. The permitted and affected acreage at this site remain unchanged. March 26, 2012: This permit has been transferred in its entirety from Stuart G. Wilmoth to Bogue Sound Septic and Grading, I,nc. Page 3 Expiration Date This permit shall be effective from the date of its issuance until April 1, 2020. 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: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff!from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway orlwetland 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. i B. Buffers shall be maintained as indicated on the mine map dated February 1, 2012. i C. 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. 1 4. A. Adequate mechanical!! barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. i Page 4 B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the mine map dated February 1, 2012 and the supplemental information received by the Land Quality Section on July 23, 2009 and February 24, 2010. I i 5. All affected area boundaries (9.82 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 1 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches'or conduits shall be constructedlor installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. i B. Buffers shall be maintained as indicated on the mine map dated February 1, 2012. I 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 duality 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 l$e "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14),of the N.C. Mining Act of 1971): Page 5 11 12 13 14 1. 2. 3. 4. 5. 6. I on -site generated conveyor belts wire cables I v-belts steel reinforced drill steel land clearing debris air hoses 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 Resobrces prior to commencement of such disposal: I i 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 highs water table; and, 5. verification that permanent vegetative groundcover will be established. 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. E I 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. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $26,700.00 Irrevocable Standby Letter off Credit (of which $6,600.00 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. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county) medical examiner and the chief archaeologist, North Carolina Division of Archives and History. 1 Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this: Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 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. i 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. i 5. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface' gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be 'excavated to maintain a minimum water depth of four feet measured from the low water table elevation. I Page 7 B. The side slopes to the; lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for ►niastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 lbslacre or follow recommendations from a soil test. Fertilizer - 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. I i Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued April 7, 1989 and renewed and modified July 20, 1999 and April 1, 2010, is hereby transferred in its entirety to Boigue Sound Septic and Grading, Inc. this 26th day of March, 2012 pursuant to G.S. 74-51. 1 By: I James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Michael 1. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klitnck, 11.1:. Director Division of Watcr Quality February 7, 2005 Stuart G Wilmoth Stuart G Wilmoth 3690 Freedom Way Hubert, NC 28544 Subject: NPDES Stormwater Permit Coverage Renewal Stuart G Wilmoth-Wilmoth Mine COC Number NCG020536 Onslow 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 Jonathan Diggs of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.537. Sincerely,/ for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Wilmington Regional Office North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 One Nt� •thC.troiina A111lurally Phone (919) 733 -70 15 Customer Service FAX (919)733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycied110% 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. NCG020536 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, Stuart G Wilmoth 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 Stuart G Wilmoth-Wilmoth Mine Frazier Field Rd Hubert Onslow County to receiving waters designated as ut to queen creek, a class SA stream in the White Oak River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, Ill, 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 Deane, Boyd To: - Hunkele, Dean Subject: two mines in Onslow County I think we've figured out the situation of the two pits in Onslow Co. The first pit, NCG020536, was owned by Stuart Wilmoth but was sold to Bogue Sound Septic and Grading in 2011. Bogue Sound owned the adjacent pit which they called the Howard Pit. It's stormwater permit is NCG020537. Bogue Sound sent a request in April of 2012 for a name/ownership change. For an unknown reason, this request was never processed and Mr. Wilmoth kept receiving the bill but didn't pay. He later sent us a note telling us he didn't own it. Since the mining folks at DEMLR kept the two facilities under two different permits (Wilmoth pit 67-32 and the Howard Pit 67-58) and because of the owner's wishes, we decided to keep the stormwater permit separate for the two pits. Also, since Bogue Sound had requested the ownership for the Wilmoth pit to change but continue to be permitted, we didn't ask Bogue Sound if they wanted to combine stormwater permits. They might do that in the future but we are not doing that on our own. I've updated Bims with this information for both stormwater permits for our future records. Boyd DeVane NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919-807-6373 Fax: (919) 807-6494 NEW Website: http1Zportal.ncdenr.org/web/wq/ws/su Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties. 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 August 18, 2000 Mr. Stuart G. Wil1110th 3690 Freedom Way Hubert. NC 28544 Dear Mr. Wilmoth: In accordance with your application for forwarding herewith the subject certificate of co general permit. This permit is issued pursuant t 143-215 .1 and the Memorandum of Agreement Protection agency dated December 6, 1983, / � s NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: General Permit No. NCG020000 Stuart G. Wilmoth, Wilmoth Mine COC NCG020536 Onslow County discharge permit received on June 14, 2000, we are verage to discharge under the subject state - NPDES o the requirements of North Carolina General Statute between North Carolina and the US Environmental If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mack Wiggins at telephone number 919/733-5083 ext. 542, Sincerely, aRIC�. ; iGNEO BY w.uuplM C. M1LL6 Kerr T. Stevens cc: Wilmington Regional Office Central Files fStormwater_and GenCral;Permits Unit Files 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 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020536 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, Stuart G. Wilmoth-Wilmoth Mine is hereby authorized to discharge mine dewatering and stormwater from a facility located at Wilmoth Mine Frazier Field Road east of Hubert Onslow County to receiving waters designated as unnamed tributary to Queen Creek, class SA waters, in the White Oak River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, 1II, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective August 18, 2000. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 18, 2000, OR►GIN& SIFT+r� BY WILOP _LS Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission 1432 .� r ' . Win. mpi -11 � ✓"",; � .,� b.'! r � o 4g 9'4 � H H o F�`¢ � �1R�• to � O qh t. V VM I1 p. 3yr.� o n .a �r 5t • t� 1 4N4 i • ♦ ON$ �• , fN iVVV"' 4 _ � r _• [m �432 74 25 J, — �� -� = �..+ �� •! � � ' Ric f � . •� •h uopynght (U) zaai, rnaptech, Inc. B Markers Name: NCG020536-Discharge Location Short Name: NCG020 Coordinates: 034' 43' 21.8" N, 077' 12' 03.8" W Comment: Stuart G. Wilmoth,Wilmoth Mine, Subbasin-03-05-01 (White'Oak River Basin), Onslow County, UT to Queen Creek, Quad-130NW "Coastal Recreation Waters Monitoring, Evaluation and Notification" regulations (15A NCAC 18A .3400) are hereby incorporated by reference including any subsequent amendments. History Nate: Authority G.S. 143-214.1; 143-215.3(a)(1); Eff. October 1, 1995; Amended Eff May 1, 2007. 15A NCAC 02B .0223 NUTRIENT SENSITIVE WATERS (a) In addition to existing classifications, the Commission may classify any surface waters of the state as nutrient sensitive waters (NSW) upon a finding that such waters are experiencing or are subject to excessive growths of microscopic or macroscopic vegetation. Excessive growths are growths which the Commission determines impair the use of the water for its best usage as determined by the classification applied to such waters. ; (b) NSW may include any or all waters within a particular river basin as the Commission deems necessary to effectively control excessive growths of microscopic or macroscopic vegetation. " (c) For the purpose ofthis Rule, the term "nutrients" shall mean phosphorous or nitrogen or any other chemical parameter or combination of parameters which the commission determines to be contributing to excessive growths of microscopic or macroscopic vegetation. (d) Those waters additionally classified as nutrient sensitive shall be identified in the appropriate schedule of classifications as referenced in Section .0300 of this Subchapter. (e) Nutrient strategies applicable to NSW shall be developed by the Commission to control the magnitude, duration, or frequencies of excessive growths of microscopic or macroscopic vegetation so that the existing and designated uses of the rvaterbody are protected or restored. History Note: Authority G.S. 143-214,1; 143-215.8B; Eff'. October 1, 1995; Amended Eff. August 1, 2000. { - , 15A NCAC 02B .0224 HIGH QUALITY WATERS r S 41 CVV High Quality Waters (FIQW) are a subset of waters with quality higher than the standards and are as described by 15A NCAC 2B .0101(e)(5). The following procedures shall be implemented in order to implement the requirements of Rule .0201(d) of this Section, (1) New or expanded wastewater discharges in High Quality Waters shall comply with the following: (a) Discharges from new single family residences shall be prohibited. Those existing subsurface systems for single family residences which fail and must discharge shall install a septic tank, dual or recirculating sand filters, disinfection and step aeration. (b) All new NPDES wastewater discharges (except single family residences) shall be required to provide the treatment described below: (i) Oxygen Consuming Wastes: Effluent limitations shall be as follows: BOD5= 5 mg/l, NH3-N = 2 mg/1 and DO = 6 mg/l. More stringent limitations shall be set, if necessary, to ensure that the cumulative pollutant discharge of oxygen -consuming wastes shall not cause the DO of the receiving water to drop more than 0.5 mg/l below background levels, and in no case below the standard. Where background information is not readily available, evaluations shall assume a percent saturation determined by staff to be generally applicable to that hydroenvironment; (ii) Total Suspended Solids: Discharges of total suspended solids (TSS) shall be limited to effluent concentrations of 10 mg/1 for trout waters and DNA's, and to 20 mg/l for all other High Quality Waters. (iii) Disinfection: Alternative methods to chlorination shall be required for discharges to trout streams, except that single family residences may use chlorination i Pother options are not economically feasible. Domestic discharges ?re prohibited to SA waters. (iv) Emergency Requirements: Failsafe treatment designs shall be employed, including stand-by power capability for entire treatment works, dual train design for all treatment components, or equivalent Failsafe treatment.designs. (v) Volume: The total volume of treated wastewater for all discharges combined shall not exceed 50 percent of the total instream flow under 7Q 10 conditions. NORTH CAROLINA ADMINISTRATIVE CODE _ f A7ay 1, 2007 Page 42 W � IM 6'iY \ �� ' �iL1,C,�✓ i 1�, NC�OZ055�v ts� { SA wo�� . 0 2Z� = v 20 /,p Of--7�'io Deane, Boyd To: Mcpherson, Fran Subject: Permit name change Sheri Montalvo is going to process a name change for permit number NCG020536 from Mr. Stuart Wilmoth's name to the Bogue Sound Septic and Grading. Bogue Sound Septic and Grading already have a permit for an adjacent facility, permit number NCG020537. Bogue Sound had requested a name and ownership change for the Wilmoth mine site in April of 2012. However, we did not ever transfer that as requested so Mr. Wilmoth received the bill and did not pay it. suggest that we waive the fee for the 2012-2013 permit for the Wilmoth mine since we were so late in processing the request for a name change. However, I believe a new bill will be sent out in July or August to Bogue Sound for the 2013- 2014 time period. Boyd DeVane NC Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 919-807-6373 Fax: (919) 807-6494 NEW Website: http.,/Iportal.ncdenr.org/web/wq/ws/su Notice: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and therefore may be disclosed to third parties.