HomeMy WebLinkAboutNCG020555_COMPLETE FILE - HISTORICAL_20050207STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V
DOC TYPE
$HISTORICAL FILE
0 MONITORING REPORTS
DOC DATE
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YYYYMMDD
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, RF. Director
Division of Water Quality
February 7, 2005
Morgan Garner
Merrimon Mine
5970 Hwy 70
Newport, NC 28570
Subject: NPDES Stormwater Permit Coverage Renewal
Merrimon Mine
COC Number NCG020555
Carteret 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.
Sincerelv,
for Alan W. Klimek, P.E.
cc: Central Files
Stormwater & General Permits Unit Files
Wilmington Regional Office
One
No -thCarolina
Alahrrrt!!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.nc.uslsulstormwater.himl 512 N. Salisbury tit. Raleigh, NC 27604 FAX (919) 733-9612 I-877-623-6748
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020555
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,
Merrimon Mine
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
Merrimon Mine
Merrimon Rd
Beaufort
Carteret County
to receiving waters designated as Dumpling Creek, a class SA;HQW,NSW stream in the Neuse River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, III, IV, V, and VI of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective 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
1\/C6) 02Vs. 5 5
North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Charles H. Gardner, P.G., P.E.
Director and State Geologist
March 27, 2001
Garner Construction Company
Attention: Mr. Morgan L. Garner, Owner
5970 Highway 70
Newport, North Carolina 28570
RE: Merrimon Mine
Carteret County
Neuse River Basin
Dear Mr. Garner:
e��
NCDENR
Division of Land Resources
The application for a mining permit for the above referenced mine site has been fob'
to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 19A-45 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on March 27, 2011. G.S. 74-65 states that the
issuance of a mining permit does not supersede local zoning regulations. The responsibility of
compliance with any applicable zoning regulations lies with you.
As a reminder, your permitted acreage at this site is 12.6 acres and the amount of land
you are approved to disturb is 10 acres.
Please review the permit and notify this office at (919) 733-4574 of any objection or
questions concerning the terms of the permit.
Sinc ely,
Tracy E. avis, P.E., C.P.M.
State Mining Specialist
Land Quality Section
TEDIch
Enclosures
cc: Mr. Dan Sams, P.E.
Ms. Monika Sharma-WRC, wlenclosures
Mr. Bradley Bennett-DWQ, wlenclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau,
Land Quality Section (919) 733-4574 Fax (919) 733-2876 Geological Survey Section (919) 733-2423 Fax (919) 733-0900
1612 Mail Service Center, Raleigh, North Carolina 27699-1612
Division of Land Resources (919) 733-3833 Fax: (919) 715-8801
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L
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:
Garner Construction Company
Merrimon Mine
Carteret County - Permit No. 19A-45
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: March 27. 2011
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of this
permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the 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.
Modification
Expiration Date
This permit shall be effective from the date of its issuance until March 27, 2011.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to
the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with
any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Stormwater Section, Division of Water Quality, to secure any necessary stormwater
Page 3
permits or other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall
be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in
the initial stages of any land disturbance and maintained to prevent sediment from
discharging onto adjacent surface areas or into any lake, wetland or natural
watercourse in proximity to the affected land.
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation or into the proposed sediment basin.
C. Mining activities, including the construction and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the mine map
last revised February 28, 2001.
D. A Gravel Construction Entrance, as depicted in the construction detail on the mine
map last revised February 28, 2001, shall be installed and maintained at the haul
road's junction with State Route 1321.
5. All affected area boundaries (10 acres) shall be permanently marked at the site on 100 foot
intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided with
ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are, or
likely to become, noxious or foul. Necessary structures such as drainage ditches .or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and
public thoroughfares whenever practical to screen the operation from the public.
Page 4
9. Sufficient buffer (minimum of 25 foot unexcavated) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
10. Refu§e 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
unles5 authorization to conduct said disposal has first been obtained from both the
Division of Waste Management and the Land Quality Section, Department of
Environment and Natural Resources. The method of disposal shall be consistent
with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a disposal
facility approved by the Division of Waste Management. No petroleum products,
acids, solvents or their storage .containers or any other material that may be
considered hazardous shall be disposed of within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed under
G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1) on -site generated land clearing debris
2) conveyor belts
3) wire cables
4) v-belts
5) steel reinforced air hoses
6) drill steel
D. If mining refuse is to be permanently disposed within the mining permit boundary,
the following information must be provided to and approved by the Division of Land
Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5. verification that a permanent vegetative groundcover will be established.
11. An Annual Reclamation Report shall be submitted on a form supplied by the Department
by February 1 of each year until reclamation is completed and approved.
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any.approved revision to it.
Approval to implement such changes must be obtained from the Department prior to on -
site implementation of the revisions.
M
Page 5
13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,500.00
Assignment of Savings Account and a $3,500.00 Assignment of Savings Account (totaling
$6,000.00) is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land shall
not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his employ
encounter human skeletal remains, immediate notification shall be provided to the
county medical examiner and the chief archaeologist, North Carolina Division of
Archives and History.
Page 6
APPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition
on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable
obligation of the permittee, which continues beyond the terms of the Mining Permit.
The approved plan provides:
Minimum Stand"" As Pr vid�d By_G.S. 74-53
The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment Station
and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide reclamation simultaneous with mining
operations and in any event, provide reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to restore the mine excavation to a lake area and to grade and revegetate the adjacent
disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The rake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical
or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line.
In
Page 7
C. Any areas used for wastepiles, screening, stockpiling or other processing shall be
leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10.A.
through D.
E. The affected land shall be graded to prevent the collection of noxious or foul water.
Revegetation Plgn:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates
April 1 - July 15
August 15 - April 15
Soil Amendments
Lime-
Fertilizer-
Mulch -
Species
Pensacola Bahiagrass
Sericea Lespedeza
Common Bermudagrass
Common Millet
Rye (grain - temporary)
Rate. Lbs/Acre
50
30
10
10
120
3000 Ibslacre, or follow recommendations from a soil test.
500 Ibslacre 10-10-10, or follow recommendations from a soil test.
All seeded areas shall be mulched using small grain straw at a rate
of 4000 Ibslacre and anchored with asphalt tack, roving, or netting.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any
event, reclamation shall be initiated as soon as feasible after completion or termination of
mining of any mine segment under permit. Final reclamation, including revegetation, shall
be completed within two years of completion or termination of mining.
Permit issued this 27th day of March, 2001 pursuant to G.S. 74-51,
B I <
Charles H. Gardner, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Kerr T. Stevens, Director
February 9, 2001
Mr. Morgan Garner
Garner Construction Co.
5970 Hwy 70
Newport, NC 28570
NCDENR
NORTH CAROLINA DERARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: General Permit No. NCG020000
Merrimon Mine
COC NCG020555
Carteret County
Dear Mr. Garner:
In accordance with your application for discharge permit received on December 28, 2000, 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 G, 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 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 Ms. Delonda Alexander at
telephone number 919/733-5083 ext. 584.
Sincerely,
YPIUMM
Kerr T. Stevens
cc: Wilmington Regional Office
Central Files
Stormwater and General Permits Unit Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020555
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,
GARNER CONSTRUCTION CO.
is hereby authorized to discharge mine dewatering and stormwater from a facility located at
Merrimon Mine
Merrimon Road
Beaufort, North Carolina
Carteret County
to receiving waters designated as Dumpling Creels, class SA NSW waters, in the Neuse River Basin in accordance
with the effluent limitations, monitoring requirements, and other conditions set Forth in Parts I, 11, III, IV, V, VI and
VII of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective February 9, 2001.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day February 9, 2001.
C. VI' S
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
321
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Latitude:
34° 57' 16'+
Longitude:
760 38' 37"
USGS Quad #,
H32NW (Merriman)
kiver Basin #:
01-04-10 (Meuse)
Receiving Stream:
Dumpling Creek
Stream Class:
SA NSW
Garnet Construction Co.
Merrimon Mine
Carteret County
NCG020555