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