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HomeMy WebLinkAboutNCG020638_COMPLETE FILE - HISTORICAL_20050408M2O STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV Cc, (,c� b (o 3 d DOC TYPE "ISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ Q10 us V YYYYMMDD DOC TYPE 1 ❑ HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE I ❑ YYYYM M DD Michael F. Easley, Governor o�oF w A April 8, 2005 Thomas Hoover Deal Deal Property 233 Rocky Ln Lincolnton, NC 28092 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject: NPDES Stormwater Permit Coverage Renewal Deal Property COC Number NCG020638 Lincoln County Dear Permittee: In 2004 you were issued coverage under the Mining NPDES stormwater general permit. This permit was renewed in early 2005 by the Division of Water Quality (DWQ) and we are 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 Ken Pickle of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.584. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater:&tGeneralc Permits:Unit-Files. Mooresville Regional Office No`hCarolina 1rrturrr!!!1 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Intemet: h2o.enr.state.nc.uslsulstormwater.html 512 N. Salisbury St. Raleigh, NC 27604 An Equal Opportunity]AffirmaWe Action Employer— 50% Recycled110% Post Consumer Paper Phone (919) 733-7015 Customer Service FAX (919)733-9612 1-677-623-6746 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020638 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, Deal Property 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 Deal Property 210 Hwy 150 By Pass W Lincolnton Lincoln County to receiving waters designated as UT to Lithia Branch, a class WS-IV 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 8, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 8, 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 Michael F. Easley, Governor William G. Ross Jr., Secretary Alan W. Klimek, Director June 16, 2004 Mr. 'f hornas Floover meal 23 3 Rocky Lane Lincointon. North Carolina 28092 LTZ.R;WA Ao-ft" AP"Mftft NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: General Permit No. NCG020000 Deal Property, Hwy 150 Bypass COC NCG020638 Lincoln County Dear Mr. Deal: In accordance with your application for discharge permit received on March 3, 2004, and subsequent receipt of your approved mining permit on June 14, 2004, 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 May 9, 1994 (or as subsequently amended). 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, .CoastaI 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 Ken Pickle at telephone number (919) 733-5083 ext. 584. 0016 AYSIGNED BY WILLIAM C. MILLS Alan W. Klimek, P. E. cc: Mooresville Regional Office Central Files Stormwater and General Permits Unit Files 5W )-259-011001 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Allirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020638 sTORMWATER, �I11NE 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, Thomas Hoover Deal is hereby authorized to discharge stormwater from a facility located at Deal Property 210 highway 150 Bypass West Lincolnton, North Carolina Lincoln County to receiving waters designated as unnamed tributary to Lithia Branch, a class WS-IV water in the Catawba River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, 111, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective June 18, 2004. This Certificate of Coverage shall 3-cmain in effect for the duration of the General Permit. Signed this clay June 18, 2004, ORIGINAL SIGNED BY WILLIAM C. MILLS Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission Markers Na me: Discharge Site - NCG020638 Short Name: Dschrg Coordinates: 035' 27' 10.2" N, 081 ° 14` 48.5" W Comment: Deal Property, subbasin 03-08-35, Catawba River Basin, Lincoln County, unnamed tributary to Lithia Branch, class WS-IV, USGS quad F14NW Markers Name: Discharge Site - NCG020638 Short Name: Dschrg Coordinates: 0350 27' 10.2" N, 0810 14' 48.5" W Comment: Deal Property, subbasin 03-08-35, Catawba River Basin, Lincoln County, unnamed tributary to Lithia Branch, class WS-IV, USGS quad F14NW June 17, 2004 Mr. Pickle, Here is a copy of our mining permit that you needed in order to complete our storm water permit application. Thank you, Cherry Deal J U N 2-2004 IL DEHR - WATER QUALITY POINT Snporr BRANCH i DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Thomas Hoover Deal Deal Property Mine Lincoln County — Permit No. 55-06 for the operation of a Borrow Pit 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 i : May 5 2014 •S � � e -� — r - � -x .._. 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 protectlon 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, 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 the 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 Whenever 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, Expiration Data This permit shall be effective from the date of its issuance until May 25, 2014, Con Itio 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: O. PERATING CONDITIQNS_ 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. .. ... L:: I � � -� S } Y _ r � � � �- _ .. _ 'H'. � .. J - � � _ .. � _ .- ,� _ � _ .. �� _ :� _ �r � - �� Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission, It shall be the permittee's responsibility to contact the Water Quality Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shad 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, water 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, sift 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. Mining activities, including the installation and maintenance of the approved sediment basin and its associated diversion channels, shall be conducted as indicated on the Erosion Control Plan last revised April 29, 2004 and the Erosion Control Details, dated June 12, 2003. 5. All mining permit boundaries (3,97 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 erosions 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. Page 4 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. a. Sufficient buffer (minimum 30 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etu., shall be maintained around the perimeter of any highwall. 11. 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 unle,§s 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 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 boundary, the following information must be provided to and approved by the Division of Land Resources prigir 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 . t .. -. � . ,. ,. � .. � S r . Page 5 5. verification that a permanent vegetative groundcover will be established. 12, 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. 13, 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. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $15,700.00 Irrevocable Standby Letter of Credit, 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, 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. E .. � - � e.l 1 . .. f 1 , ilk. .. - F t- .4�.�/.� - i A „ �, _ i .. •r Y �/,q h ... 1'� :�•.,1 ,i.` 1.,, r. ._ .. ._ a •.... _i .. �.� _.. .. _ ... .0 ,.. .. �.. •..; t'. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As- Provided By G,S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. I 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 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 shalt be completed within two years after completion or termination of mining. RECLAMATIONI CONDITIQNS: Provided further, and subject to the Reclamation schedule, the pianned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. _ - �� �_ . ter. F�yMs*a ;�. ._ ;, ..CGS( .� •,� .. - ._ v' .� .., ..,. �.. � � . . ,. , . :, , r ..�• i �. ..uL •• r i. � "• . ! .. 1 +.� .� . ._.. 1 �'l�... 3 Page 7 B. Any settling ponds or sediment basins shall be backfilled and stabilized. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 11.A through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetatlon Plan on the Erosion Control Detail Sheet dated June 12, 2003 approved by Mr. John David Ledford, Landscape Architect, on July 4, 2003 or per the following: Permanent Seedinc Spedcations Dates February 15 — April 1 April 1 — July 31 August 1 — October 25 October 25 -- February 15 Soil Amendmeols GIs Rate, Lbs/Acre Kobe Lespedeza 10 Bahiegrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeze (unscarified) 30 German millet 40 Rye (grain — temporary) 120 Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Page 8 Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commissions 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, shatl be completed within two years of completion or termination of mining. Permit 'issued this 25t' day of May, 2004. By: A t_'__UL James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources