HomeMy WebLinkAboutNCG020656_COMPLETE FILE - HISTORICAL_20151209ATLo
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/v C& OD p
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑
YYYYMMDD
DOC TYPE I ❑ HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE 1 ❑
YYYYMM DD
December 9, 2015
Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
Ervin Materials of Concord
Atin: David Ervin
1490 N l7nochville Ave
China Grave, NC 29023
PAT MCCRORY
Gmcm
DONAI-D R, VAN DI-R VAART
Subject: NPDES Stormwater Permit Coverage Renewal COC #NCG020656
Dear Permittee:
S", 0, IW I
TRACY DAVIS
Pi " Im
For coverage under NPDES General Permit NCG{)20000, the Division of Energy, Mineral and Land
Resources (DEMLR) is forwarding herewith the reissued Certificate of Coverage and
Stormwater/Wastewater General Permit. This permit is reissued pursuant to the requirements ol' North
Carolina General Statute 143-215. l and the Memorandum of Agreement between the state of North
Carolina and the U.S. Environmental Protection Agency. dated October 15, 2007 (or as subsequently
amended.) The fallowing information is included with your permit package:
• New Certificate of Coverage
• Stormwater/Wastewater General Permit
• Technical Bulletin for the General Permit
• Discharge Monitoring Report (DMR) Forms
• Annual Discharge Monitoring Report Forms
• Qualitative Monitoring Report Forms
The General l"er•rllit authorizes discharges of stormwater and/or wastewater (as applicable to your site).
and it specifies your obligations with respect to discharge controls, management, monitoring and record
keeping. Please review the new permit to familiarize yourself with all changes in the reissued permit.
Significant changes to the General Permit are outlined in the 'Technical Bulletin.
Your coverage under the General Permit is transferable only through the specific action of DEMLR. This
permit does not affect the legal requirements to obtain other permits which may be required by the N.C.
Department of Environmental Quality, nor does it relieve the permittce 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 the DEMLR Stormwater
Permitting Program at 919-707-9220.
Sincerely,
Ley
for Tracy l:. Davis, P,E., C.P.M
Cc: Stormwater Permitting Files
Slate of NcrrtII Caro lircr I I,nvironIle IIt:d QJ;IIity I Emig?, Mineral it tic] Land Rvs,mcea
1612 Mail Service Censer 1 512 North Sa11ShUry Sirect I Raleigh, NC 27699-1612
919707921111 T
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE N% NCG02QCZ56
STORMWATER AND WASTEWATER DISCHARGES
]NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Ervin Materials of Concord
is hereby authorized to operate approved wastewater treatment system(s) and discharge
stormwater and/or wastewater, as approved in the original permit/application or
subsequent permit modification, from a facility located at:
Ervin Materials of Concord
6360 Poplar Tent Rd
Concord
Cabarrus County
to receiving waters designated as Coddle Creek, a class C water in the Yadkin River Basin,
in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts 1, II, 111, and IV of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective October 1, 2015.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day October 1, 2015.
for Tracy E. Davis, P.E., CPM
Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
July 15, 2005
Mr. David Ervin
Ervin Materials of Concord
195 Ervin Woods Drive
Kannapolis, NC 28081
Subject: General Permit No. NCG020000
Ervin Materials of Concord
COC No. NCG020656
Cabarrus County
Dear Mr. Ervin:
In accordance with your application for a discharge permit received on May 16, 2005, we
are forwarding herewith the subject certificate of coverage (COC) 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).
Discussions with site contact Mr. Todd Navy and DWQ staff at the Mooresville Regional
Office indicated that the concrete plant in the middle of the property is covered under a
separate stormwater permit (Thomas Concrete, COC No. NCG140283), and that that
facility discharges through outfalls owned by Ervin Materials. Please be aware that the
stormwater general permit for concrete plants (NCG 140000) contains effluent limits that apply to
discharges from that plant, and your mining activities could impact the treatment capabilities of
any settling ponds shared by both sites. This arrangement could affect the ability of both
facilities to effectively manage stormwater runoff and/or wastewater discharges, and so we
encourage you to coordinate efforts to ensure all permit conditions are met.
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.
No hCarolina
Natura!!il
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service
Internet: h2o.enr.state.nc.us 512 N. Salisbury Si. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748
An Equal Oppodunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper
Mr. David Ervin
Ervin Materials of Concord
COC No. NCG020656
July 15, 2005
If you have any questions concerning this permit, please contact Bethany Georgoulias at
telephone number (919) 733-5083 ext. 529.
Sincerely,
ORIGINAL SIGNED BY
BRADLEY BENNETT
Alan W. Klimek, P.E.
cc: Mooresville Regional Office
Central Files
(Stormwater Permitting Unit Files]
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020656
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,
Ervin Materials of Concord
is hereby authorized to discharge stormwater from a facility located at
Ervin Materials of Concord
6360 Poplar Tent Road
CabarrUS County
to receiving waters designated as Coddle Creek, class C water, in the Yadkin -Pee Dee River
Basin in accordance with the effluent limitations, monitoring requirements, and other conditions
set forth in Parts 1, 11, 111, IV, V, VI and VII of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective July 15, 2005.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day July 15, 2005. -- -
I .
ORIGINAL SIGNED BY
SRADLEY BENNETr
. L4
for Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
LOCATION MAP:
Latitude: 35°24'30"
Facility
Longitude: 80'41'05" IVCG020656 ,k
County: Cabarrus, NC Ervin Materials of Locatioil�.,a'P'
Stream Crass: C Concord
Receiving Stream: Coddle Creep L
Subbasin: 03-07-11 (Yadkin -Pee Dee River Basin) [Jir711C
t TCAILE 1:14,000
NCG020656
Ervin Materials of Concord
rev. 7/ 12 /05
May 26, 2005
B. Georgoulias
Summary
This facility submitted a Notice of Intent to be covered under General Permit NCG020000
(Mineral & Mining Industry). The stormwater and mine dewatering (wastewater) discharge
drains to Coddle Creek (Class C), in the Yadkin -Pee Dee River Basin. This facility is
located in Cabarrus County, handled by the Mooresville Regional Office.
Application review
a) The permit application has been signed and sufficiently completed. Yes.
With the NOI, the applicant submitted a copy of the mining permit that
expired in 4/2005; application for renewal/modification of that permit
submitted to DLR.
b) The SIC code accurately describes this facility's activities and is covered by this
general permit. Yes. SIC: 1499 (Misc. Non-metallic Mineral Mining)
Facility will be mining dirt/clay from a site where sand and gravel were mined
in the past (operations ceased 4-5 years ago).
c) Does this facility have other permits? Mining Permit from DLR (13-32).
d) Hazardous Waste Activities? No.
e) DLR Mining Permit status requested: 5/26/2005 (DLR contact J. Wehner)
Mining Permit (13-32) Application File Review (6/2/05):
-Specifies activity as "reclamation of non -structure slope "at north area of site.
-4/6/05 memo to DWR Flydrogeology group from LQ confirms that no mine
dewatering is proposed.
-Sedimentation Pond at southwest corner of site has these approximate dimensions: 150' x
163" (about 0.6 acres, consistent with `0.7acres far Trailings/Sediment Ponds' noted on the
site plan).
Mining Permit Issued: 6/29/05
f) Regional Office input requested: 5/26/2005 (MRO contact M. Parker).
RO Approval received: 5/27/2005
Per M. Parker, may be wetlands nearby (but this site does not plan to dewater,
so draining should not be an issue; other impacts would be handled through
Wetlands/401 certification). A concrete plant in the muddle of property
(Thomas Concrete) discharges through outfalls owned by Ervin Materials but
has its own S/W permit.
Thomas Concrete Concord Plant is at 6364 Poplar Tent Rd., COC No.
NCG140283 (authorizes both S/W and WW discharge). No info. in that GP
file regarding treatment ponds or other facilities.
10410101ZiL%7P
May 26, 2005
B. Georgoulias
g) Is an AtC Required? No. No wastewater (mine dewatering) discharge, so no
AtC review/approval required. Pond has been established since original
mining operation and will continue to receive stormwater runoff from the
same areas.
h) Application approved? Yes, contingent upon Mining Permit issuance.
However, important to note in cover letter that the stormwater permit for the
concrete plant may impose limits on the same outfalls that are not reflected in
the NCG02 permit, and that both sites should ensure activities do not
compromise treatment capabilities of a shared settling basin.
Phone logs
5/26/05: Spoke to contact Todd Navy (a surveyor for Ervin, 704.791.2457) to clarify
planned mining activities and site set-up:
Company will essentially be reclaiming material from previous sand/gravel mining
operations, so the older pit will not be dewatered. Stormwater is directed to an established
settling pond via diversion ditches on the property. There is also a concrete plant located in
the middle of the site (covered under another stormwater permit). A site plan and map were
recently submitted to DLR with these areas marked (see mining permitfile review above).
Re: NO[ for NCG02 from Ervin Materials of Concord
Subject: Re: NOI for NCG02 from Ervin Materials of Concord
From: Bethany Georgoulias <bethany.georgoulias@ ncmail.net>
Date: Fri, 27 May 2005 08:41:32 -0400
To: Michael Parker <Michae1.Parke r@ncmai1.net>
Okay. The permit says they need to put together an Operation and Monitoring Plan
before discharging mine dewatering water that could potentially drain wetlands, but
they've only inicated stormwater runoff here (and it doesn't sound like they'll be
pumping out pits), so this may not apply. Thanks for the info.!
Bethany Georgoulias
Environmental Engineer
NC DENR DWQ
Stormwater Permitting Unit
(919) 733-5083, ext. 529
bethany.georgoulias@ncmail.net
Michael Parker wrote:
I'm not aware of any proposed wetland impact, but that is not to say that they
won't (eventually) be impacting wetlands during the use of this site. I believe
there may be some wetlands on the property (based on past conversations with site
personnel), but the company should know by now that additional permits are required
if wetland impacts are anticipated or planned.
Bethany Georgoulias wrote:
Thanks, Mike. Doesn't sound like there are any wetlands issues in this area
either; is that right?
Bethany Georgoulias
Environmental Engineer
NC DENR DWQ
Stormwater Permitting Unit
(919) 733-5083, ext. 529
bethany.georgoulias@ncmail.net
Michael Parker wrote:
Bethany,
I've spoken with folks associated with this site in the past. It's a bit of
an unusual site in that the concrete plant.is.located in the middle of the
property and.discharges-through outfal�ls owned by Ervin Materials, but they
still have their own SW permit. Kinda weird, but there doesn't seem to be
any problems with this particular set up. 1 recommend that you move forward
with issuance of the COC.
Mike
Bethany Georgoulias wrote:
Hi Mike,
Ervin Materials of Concord has submitted an NOI for the stormwater general
permit for Mining (COC #NCG020656). They're planning to mine dirt/clay
from a site at 6360 Poplar Tent Road in Concord (it's an old sand/gravel
mine) and will discharge stormwater from an existing sediment pond. The
contact I spoke with is Todd Navy, a surveyor for the company (tel.
I of 2 5/27/2005 8:42 AM
Re: NOl for NCG02 from Ervin Materials of Concord
704-791-2457). Their mining permit (a new one since the old one expired
in April) is in the application phase.
Todd said they're regrading the slope and will use the existing
sedimentation pond to handle stormwater. It sounds like they won't really
have a pit below ground level (they're more or less reclaiming material
from the previous operation that ended 4-5 years ago). There was no size
plan submitted, but he did send one to DLR recently when they had
questions, so I'm trying to get a hold of a copy through them.
He also mentioned they have a concrete plant in the middle of it that has
been there for some time (and supposedly already has a stormwater permit).
Does the Mooresville Regional Office have any concerns with issuing a COC
for this site, and are there any potential impacts to wetlands nearby?
Thanks,
BG
2 of 2 5/27/2005 8:42 AM
STATE OF NORTH CAROLINA _
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG140000
CERTIFICATE OF COVERAGE No. NCG140283
STORMWATER AND PROCESS WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-2 t5.1, 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 Concrete of South Carolina, Inc.
is hereby atichcirized to operate a.process wastewater_ treatment system,.and is hereby. authorized to discharge process
wastewater and stormwater from a facility located at
Concord Plant
6360 Poplar Tent Road
Concord, NC
Cabarrus County
to receiving waters designated as Coddle Creek, class C waters, in the Yadkin River Basin
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, I1, III,
IV, V, and VI of General Permit No. NCG 140000 as attached.
This certificate of coverage shall become effective March 31. 2000.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day March 31, 2000.
ORIGINAL SIGNED BY
W1LLIAM C. MILLS
for Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
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Re: Mining Permit for Ervin Materials (Cabarrus Co.)
Subject: Re: Mining Permit for Ervin Materials (Cabarrus Co)
From: Judy Wehner <Judy.Wehner i ncmail.net>
Date: Thu, 26 May 2005 16:50:42 -0400
To: Bethany Georgoulias<bethany.georgoulias@ncmai1.net>
CC: "Doug Miller."@ncmail.net
Ervin Materials is renewing and modifying their mining permit. They have recently
submitted revised maps for our review. We have a copy on file here in Raleigh
(Archdale Building, 5th floor) and at the Mooresville Regional Office. You can review
the maps at either place but we do not have an extra copy. Just let me or Doug Miller
of the MRO if you want to review the maps and file_
Bethany Georgoulias wrote:
Hi Judy,
We received an application from Ervin Materials of Concord in Cabarrus County for
coverage under the stormwater general permit for mining (COC app. 4NCG020656), and
I noticed the Mining Permit they attached expired in April. 2005. I spoke to
contact Todd Navy, and he said they've reapplied for a permit (apparently they
won't be mining for sand and gravel as in the past, but mostly dirt/clay now), and
he thought you were the contact in DLR. It sounds like that submittal is still in
the application phase?
Todd also mentioned he recently submitted a map to DLR showing the new site grading
plan, which would be very helpful for me in reviewing the stormwater aspect. Is
there a chance I could get a copy of that site plan from you? If not, I'll be glad
to ask him for another one, but I thought it would be a good chance for me to come
down and say hello, too.
Thanks for your help!
Bethany Georgoulias
Environmental Engineer
NC DENR DWQ
Stormwater Permitting Unit
(919) 733-5083, ext. 529
bethanv.georgoulias@ncmail.net
,Wv K&W v-
733-4574-
of 1 5/27/2005 7:55 AM
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Re: Ervin Materials status
Subject: Re: Ervin Materials status
From: Judy Wehner <Judy.Wehner@ncmai1.net>
Date: Mon, 11 Jul 2005 11:38:45 -0400
To: Bethany Georgoulias<bethany.georgoulias@ncmail.net>
It was issued 6/29/05.
Bethany Georgoulias wrote:
Hi Judy,
I just wanted to check on the status of the Mining Permit for Ervin Materials of
Concord (Cabarrus Co.) --I think it's MP # 13-32. Has that been issued yet? I
know our group usually gets copied at issuance, but sometimes we don't get the
letters for a little while, so I try to check in every once in a while. Thanks!
BG
1 of 1 7/11/2005 12:38 PM
,,��.
NCDENR
Hawrn cwa.i�. oo�urr.¢rer or
F.irvirtonwarf u+o r1Qun!L IiEsouacq
NOTICE OF INTENT
Division of Water Quality / Water Quality Section
National Pollutant Discharge Elimination System
NCG020000
National Pollutant Discharge Elimination System application for coverage under
NCG020000:
STORMWATER DISCHARGES associated with activities classified as:
SIC' 14 Mineral Mining Industry (except as specified below)
The following activities are also included:
FOR AGENCY USE ONLY
Date Receiv05 ed
Yea
Month Da
Certificate of Coverage
0 10161516
Check IfI.
Amount
0
Permit Assigned to
G-FlOK&DULIfis
rmit
E�
MAY 6 2005
Active or inactive mining operations (including borrow pits) that discharge stormwater contaminated with or
that has come in contact with, any overburden, raw material, intermediate products, finished products,
byproducts or waste products located on the site of such operations
Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle
process wastewater; andlor mine dewatering
The following activities are specifically excluded from coverage under this General Permit:
Peat mining, coal mining, and metal mining
Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt
operations, and oil and gas extraction operations
Standard Industrial Classification Code
(Please print or type)
1) Mailing address'of owner/operator:
Name David Eryin
Street Address 195 Ervin Woods Drive
City Kannapol i s _ State NC ZIP Code 28081
Telephone No. 704 933-2141 Fax: 704 3-7373
2) Location of facility producing discharge:
Facility Name
Facility Contact
Street Address
City
County
Telephone No.
Ervin Material
ncord
Address to which all permit correspondence will be mailed
David Ervin
_6360__Poplar Tent Road
Concord State NC ZIP Code 2802Z
Cabarrus
704 933-2141 Fax: -7-0-4-- —913-7373
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and dire tiiorom a roadway intersection). From Interstate _85_take_ the Popl aar _Tent
Road exit. GoAAppx. 1 mile: pit is on the left_
(A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application)
Page 1 of 4
r"
1
NCG020000 N.O.I.
4) This NPDES Permit Application applies to which of the following
` ❑ New or Proposed Facility Date operation is to begin
0 Existing
5) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 1 _9 9
6) Provide a brief narrative description of the types of minerals mined at this facility: dirt
7) Discharge Points:
Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property):
Stormwater: 1 Mine dewatering: 0 Process Wastewater Overflow: 0
Please provide short narrative description of discharges: Storm water is discharged from
existing sediment pond, — - -
8) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
discharges end up in? Coddle Creek
If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm
sewer system (e.g. City of Raleigh municipal storm sewer).
- 9) Does this facility have any other NPDES permits?
No
❑ Yes
If yes, list the permit numbers for all current NPDES permits for this facility:
10) Does this facility have any Non -Discharge permits (ex: recycle permits)?
® No
❑ Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
11) Does this facility employ any best management practices for stormwater control?
® No
❑ Yes
If yes, please briefly describe:
12) Does this facility have a Stormwater Pollution Prevention Plan?
® No
❑ Yes
If yes, when was it implemented?
13) Are vehicle maintenance activities occurring at this facility?
® No ❑ Yes
14) Are mine dewatering discharges occurring?
® No ❑ Yes
Page 2 of 4
NCG020000 N.O.I.
15) Are discharges of overflows from process wastewater treatment systems occurring?
® No
❑ Yes
If yes, answer the following questions on the wastewater treatment system:
a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design
specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be
described in detail and design criteria or operational data should be provided (including calculations) to
ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)]
Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and
specifications along with their application. Design of treatment facilities must comply with requirements
15A NCAC 2H .0138. If construction of wastewater treatment facilities applies to the discharge of process
wastewater, include three sets of plans and specifications with this application.
b) Does this facility employ chemical additives to flocculate suspended solids?
® No
❑ Yes
If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical
additive
c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event?
® No ❑ Yes
16) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
❑ No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
13 No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
❑ No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport 1 disposal vendor:,
Vendor address:
17) Certification:
North Carolina General Statute 143-215.6 b (1) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report,
plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental
Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any
recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the
Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine
Page 3 of 4
NCG020000 N.O.I.
r
not to exceed $10,000. or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a
punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.)
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit
will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an
individual permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid
mining permit must be attached to this request.
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate
protection so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules
governing solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to
not result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit
certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed 1me of Person Signing: David Ervin
TitlParl silent
(Signature of Applicant)
.f— /2 — clls-�
(Date Signed)
Notice of Intent must be accompanied by a check or money order for $80.00 made payable to:
NCDENR
Final Checklist
This application will be returned as incomplete unless all of the following items have been included:
® Check for $80 made payable to NCDENR 9 LA --
This completed application and all supporting documents
� I
® Copy of the valid approved mining permit for the facility -
® Copy of county map or USGS quad sheet with location of facility clearly marked on map
Mail the entire package to:
Stormwater and General Permits Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Note
The submission of this document does not guarantee the issuance of an NPDES permit.
Page 4 of 4
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Land Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Charles Gardner, P.G., P.E.
Director and State Geologist
April 25•, 1995
Mr. David Ervin
Joe H. Ervin Grading Company, Inc.
108 Trail Avenue
Kannapolis, North Carolina 28081
RE: Evin Materials of Concord Mine
Cabarrus County
Dear Mr. Ervin:
The application for a mining permit for the above referenced mine
site has been found -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. 13-32 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 April 25, 2005. 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 p rmitted acreage and affected acreage for this
site are both 16.5 acres, as indicated in the --application and -on the mine
map dated May 30; 199-4.
Please review the permit and notify this office at (919) 733-4574 of
any objection or questions concerning the tex-ms of the permit.
Sincerely,
Q
4"a c. y. Davis, P.E.
State Mining Specialist
Land Quality Section
TED/jw
Enclosure
cc: Mr. Jerry W. Cook
Geological Survey Section Land 9uatity Section Geodetic Survey Section
(919)733-2423 (919)733-4574 (919)733-3836
FAX: (919) 733-0900 FAX: 733-2876 FAX: 733-4407
P.O. Box 27687. Raleigh, North Carolina 27611-7687 Telephone 91,?-733-3833 FAX 919-733-4407
An Equai Opportunity Af`rmafive Acfion Errpioyer 5n recyc!a�1,' 1 GM post -consumer .paper
D EPARTMENT OF ENV2 RONM]ENT ,
HEALTH AND NATUatAL
RESOURCE S
D 2 V 2 S 2 ON O F LAND RESOURCE S
LAND QiiAL=TY SE(=T=C)N
005
P E R M 2 97
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through
68, "The Mining Act of 1.971," Mining Permit Rule 15A
NCAC 5 B, and other applicable laws, rules and
regulations
Permission is hereby granted to:
Joe H. Ervin Grading Company, Inc.
Ervin Materials of Concord Mine
Cabarrus County - Permit No. 13-32
for the operation of a
Land and.Gravel 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 EXPIRATIQN DATE: Al2ril 25, 2005
Page 2 of S
In accordance with the application for this mining permit, which
is hereby approved by the Department of Environment, Health 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.
Expiration Date
This permit shall be effective from the date of its issuance
until April 25, 2005.
Page 3 of 8
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 Water
Quality Section,- Division of Environmental Management,
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.
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 to prevent sedimentation of that
waterway from erosion of.the. affected land and to
preserve the integrity of the natural watercourse.
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 and the U.S. Army Corps of Engineers.
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 or natural
watercourse in proximity to the affected land.
r
Page 4 of 8
B. The sedimentation control,measures as indicated on the
mine map dated May 30, 1994 shall be constructed and
maintained to prevent offsite sedimentation.
C. An appropriate liner shall be required for the
permanent channel to prevent erosion of said channel.
5. All mining permit boundaries (16.5 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.
9. Sufficient buffer shall be maintained -between any -excavation
and any mining permit boundary or right-of-way to prevent
caving of adjacent property.
10. A physical barrier consisting of a fence or earthen berm,
etc., shall be maintained around the perimeter of any
highwall.
11. Refuse Disposal
A. No on -site disposal of refuse or other solid waste that
is generated outside of the mining permit area shall be
allowed within the boundaries of the mining permit area
unless authorization to conduct said disposal has first
been obtained from both the Division of Solid Waste
Management and the -Land Quality.Section,.Department of
Environment, Health and Natural Resources. The method
of disposal shall be consistent with the approved
reclamation plan.
Page 5 of 8
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 Solid 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.
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 $45,700.00.surety•bond is sufficient to cover
the operation as indicated in the.approved application.
This security must remain in force for this-permit,to.be
valid. The total affected land shall.not exceed the bonded
acreage.
15. 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.
r
Page 6 of 8
PPROVED RECLAMATION PLAN
The Mining Permit incorporates this Reclamation Plan, the
performance of which is a condition on the continuing validity of
that Mining Permit. Additionally, the Reclamation Plan is a
separable obligation of the permittee, which continues beyond the
terms of the Mining Permit.
The approved plan provides:
Minimum Standards As Provided By_G.S.,74-53
1. The final slopes in all excavations.in soil, sand, gravel
and other unconsolidated materials shall be at such an angle
as to minimize the -possibility of slides and be consistent
with the future use of the land.
2. Provisions for safety to persons and to adjoining property
must be provided in all excavations in rock.
3. All overburden and spoil shall be left in a configuration
which.is in accordance with accepted conservation practices
and which is suitable for the proposed subsequent use'of the
land.
4. No small pools of water shall be allowed to collect or
remain on the mined area that are, 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.
REgLM&TION CO TIO S•
1. Provided further, and subject to the Reclamation schedule,
the planned reclamation shall be to regrade and
satisfactorily revegetate any disturbed areas..
Page 7 of 8
2. The specifications for surface gradient restoration to a
surface suitable for the planned future use are as follows:
A. All sideslopes shall be graded to a 2 horizontal to 1
vertical or flatter slope.
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 Nos.11. A. and B.
F. The affected land shall be graded to prevent the
collection of noxious or foul water.
3. Revegetation Klan:
After site preparation, -all disturbed land areas shall be
revegetated-as per the following:
Permanent Seeding Specifications.
Dates
February 15- April 1
April 1- July 31
August 1- October 25
October 25- February 15
Soil _ Amendments
species' Rate, LbsfAcre
Korean Lespedeza 10
.Fescue 40
Redtop 1
.Winter rye (grain) 15
Common Bermuda 50
Lespedeza (unscarified) 30
German millet 40
Rye (grain- temporary) 120
Lime- 2000 lbs/acre or follow recommendations from a
soil test.
;`Fertilizer- 1000-lbs/acre 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 lbs/acre and
anchored appropriately.
Page 8 of 8
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.
Permit issued this 25th day of April, 1995.
-Charles H.-Gardner, Director.
Division of Land -Resources
By Authority of the Secretary
of the Department of Environment, Health and Natural Resources
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UNITED STATES STATE OF NORTH CAROLINA
DEPARTMENT OF THE INTERIOR DEPARTMENT OF CONSERVATION AND DEVELOPMENT
GEOLOGICAL SURVEY RALEIGH, NORTH CAROLINA
Control by USGS, USC&GS, and North Carolina Geodetic Survey
Topography by photogrammetric methods from aerial
photographs taken 1965. Field checked 1969
Supersedes map dated 1949
Polyconic projection. 1927 North American datum
10,000-foot grid based on North Carolina coordinate system
1000-meter Universal Transverse Mercator grid ticks, zone 17,
shown in blue
To place on the predicted North American Datum 1983
move the projection lines 10 meters south and
18 meters west as shown by dashed corner ticks
Fine red dashed lines indicate selected fence and field lines where
generally visible on aerial photographs. This information is unchecked
MN
GN
98 MILS k3IM
UTM GRID AND 1988 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET
1 0 1 MILE
1D00 0 1000 2000 30DO 4000 5000 6000 7000 FEET
I 5 0 1 KILOMETER
CONTOUR INTERVAL_ 10 FEET
N,4TIONAL GEODETIC VERTICAL DATUM OF 1929
THIS MAP i;DM,PLILS WITH NATIONAL MAP ACCURACY STANDARDS
FOR SALE BY U. S. GEOLOGICAL SURVEY
DENVER, -,OLORADO 80225 OR RESTON, VIRGINIA 22092
A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
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KANNAPOLIS QUADRANGLE 0
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Primary highway, Light -duty road, hard or
hard surface _ _ improved surface
Secondary highway,
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OInterstate Route 0 U. S. Route O State Route
QUADRANGLE LOCATION KANNAPOLIS, N. C.
35080-D6-TF-024
Revisions shown in purple and woodland compiled in cooperation
with State of North Carolina agencies from aerial photographs 1969
taken 1984 and other sources. This information not field checked PHOTOREVISED 1988
Map edited 1988 DMA 4854 1 NW-�BERIES V842
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"REARED RY THE
NORTH WOLINA DEPARTMENT OF TRANSPORTATION
DIVISJON OF HIGHWAYS —PLANNING AND RESEARCH BRANCH
W COOMAIR TN WITH THE
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FEDERAL HIGHWAY. ADMINISTRATION
SCALE
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