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HomeMy WebLinkAboutNCG020662_COMPLETE FILE - HISTORICAL_20051110STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ D �� � ) I I L) YYYYMMDD w a rF9QG � r a � November 10, 2005 Mr. Keith Davenport P.O. Box 164 Plymouth, NC 27962 Michael F. Easley, Governor Williaat G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.G. Director Division of Water Quality Subject: General Permit No. NCG020000 Davenport Sand Co. COC NCG020662 Washington County Dear Mr. Davenport: In accordance with your application for a discharge permit received on July 12, 2005 we are forwarding herewith the subject certificate of coverage to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. 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 has specific limits on pH, settleable solids, total suspended solids, and turbidity as shown in Part III; Section C of your permit. Discharging mine dewatering or other wastewaters from your facility that exceed the permit limits constitutes a violation of your permit. In addition, please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Section C, Part 1 of your permit (Part III Page 5 of 9). You must have an approved Operation and Maintenance Plan before mine dewatering discharges occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Maintenance Plan for your facility must be submitted to the Washington Regional Office within 60 days of your receipt of this permit. Contact the Washington Regional Office at (252) 946-6481 for more information about the approval process 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. One N�o�hCaohna wrrhrra!!il North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enr.s1ate.nc.us 512 N. Salishury St. Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal QpportunitylAffirmaWe Action Employer— 50% Recycled110% Post Consumer Paper COC No. NCG020662 Mr. Keith Davenport Davenport Sand Co. November 10, 2005 If you have any questions concerning this permit, please contact Aisha Lau at telephone number (919) 733-5083 ext. 57$. Sincerely, OR1Gl;NAL 51GNED BY BRADLEY BENNETT Alan W. Klimek, P.E. Attachments cc: Washington Regional Office Central Files Stormwater and General Permits Unit Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020662 STORMWATER, MINE DEWATERING, ANDIOROVERFLOW 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, Keith Davenport is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater recycling overflow from a facility located at Davenport Sand Co. 308 W (SR 1300) Plymouth Washington County to receiving waters designated as Kendrick Creek, class SC water, in the Pasquotank River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, I11, 1V, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective November 10, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 10, 2005. ORIGINAL SIGNED BY BRADLEY BENNETT Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission f _„�•^ r 1 ' f Aifen�riti�Crcel�. .ight (C) � .•' -'�- s;.• .... - _ .r `,�-`ir-..e,�-'JIB � �� _'. �� ✓'� f •Pipe"l3'f)I'��, �.S,r• � � •«^� .4- ... . 1 � f +a li ^ -1 '" � r4+ � +�-'� rye i i „a• ..�` � F t k-�y` try "a' ..u•�.•��.3"^ w. "t'o rw- ss, Z"'}s - .•►- i 1y} L 0—' . J �., .r ��� ,� N�.�,fb � \� � /�r�.� ,, �r-�W e ,F^��� �I':j`' i,e.w.�.-�" I. +.,.. Y` �� G�V,e,:,.. .-a.• t .q•.;` I _ �..'"`� i `/ �i: � fi- �7'- r i Y�.�� o' 1i1il.rl i}- /•,.� /� �i .�. a�. 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Short Name: 020662 Coordinates: 035' 55' 43.45" N. 076' 36' 23.69" W Comment: Davenport Sand Co., subbasin 03-01-53, Pasquotank River Basin, Washington County, Kendrick Creek, Class SC, D32NE Memo to file for NCG020662: On October 11, 2005 Samir Dampur called to let Aisha Lau know that the facility may affect adjacent wetlands and needs an Operation and Maintenances plan. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, PG, PE Director and State Geologist September 14, 2005 Mr. David Keith Davenport PO Box 164 Plymouth, NC 27962 RE: Mackey's Sand Pit Washington County Roanoke River Basin Dear Mr. Davenport: I1K��ao�� Michael F. Easley, Governor William G. Ross Jr., Secretary SEP z s 2005 aENR • WA ER DUAALtry �etlends R a...—.. 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 N . 94-19 ere based primarily upon information supplied in the application with condition s necessary to insure compliance with The Mining Act of 1971. This permit expires on September 14, 2015. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage and affected acreage for this site are both 25.2 acres, as indicated in the application and on the mine map last revised July 23, 2005. Please review the permit and contact Ms. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sinc rely, Floy R. Williams, ,PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIkh Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 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: David Keith Davenport Mackey's Sand Pit Washington County - Permit No. 94-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: September 14, 2015 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until September.14, 2015. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the sediment basin as indicated on the mine map last revised July 23, 2005. C. Mining activities shall be conducted as indicated on the mine map last revised July 23, 2005. Page 4 5. All mining permit boundaries (25.2 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 that 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 (minimum of 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers -the following. materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel Page 5 D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on - site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $15,400.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. The operator shall address any cultural resources concerns based on the results of a site inspection by the Office of State Archeology. These concerns shall be addressed within 30 days of receipt of any correspondence from the Office of State Archeology. C. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division. of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 9 , The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation. practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 3. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 3 horizontal to 1 vertical or flatter below the water line as indicated on in the application received by this office on July 6, 2005. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. Any settling ponds or sediment basins shall be backfilled and stabilized. E. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. F. No contaminants shall be permanently disposed of at the mine site. On -site disposal of -waste shall be in accordance with Operating Condition Nos. 10A through 10D. G. The affected land shall be graded to prevent the collection of noxious or foul water. Reve etation Plan: 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, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime: 2000 Ibs/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 Ibslacre 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 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 141" day of September 2005. James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by David Keith Davenport to conduct mining activities off SR 1300 in Washington County. The mining permit (no. 94-19) was issued on September 14, 2005. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Daniel A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. "-X - James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on q 1 JC---D 5� Brenda Harris Mining Program Secretary