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HomeMy WebLinkAboutNCG020708_COMPLETE FILE - HISTORICAL_20170713NORTH CAROLINA �i Department of Environmental Qual STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V 0 DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ � b � -7 YYYYMMDD Patterson, Robert D From: Randall, Mike Seat: Thursday, July 13, 2017 2:42 PM To: Davis, Tracy; Riddle, Rick L Cc: Vinson, Toby; Cole, Brad; Boyer, Janet; Patterson, Robert D Subject: Re: Ashe County's June 22, 2017 Letter to Secretary Regan RE Glendale Springs Quarry 1. None of the items I discovered or observed would rise to a level for issuance of a Notice of Deficiency or Notice of Violation under the Stormwater Program. 2. General Permit is required for the construction and operation of an asphalt plant on this quarry site - yes it was issued by Rick Riddle (copied) Sent from my iPhone Mike Randall Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources (DEMLR) Office: 919-807-6374 Cell: 919-389-7801 1612 Mail Service Center Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws On Jul 13, 2017, at 2:16 PM, Davis, Tracy <tracy.davis , ncdenr.eov> wrote: Mike (or Robert), I realize you are on vacation and will not be able to attend our DEQ group meeting on 7/19 to discuss this quarry, so I wanted to ask for several clarifications: 1. Can you or Robert send those of us on this email a copy of the mining general permit and certificate of coverage for this operation? 2. Based on your inspection where you found several outstanding items, would these items rise to a level for issuance of a Notice of Deficiency or Notice of Violation under the Stormwater Program? 3. Which type of stormwater permit, general or individual, will be required for the construction and operation of an asphalt plant on this quarry site? Has an application been received yet? Thanks, Tracy From: Randall, Mike Sent: Friday, July 07, 2017 4:36 PM To: Davis, Tracy <tracy.davis@ncdenr.gov>; Holman, Sheila <sheila.holman@ncdenr.eov>; Vinson, Toby <toby.vinson@ncdenr.eov>; Boyer, Janet <ianet.boyer�Encdenr.gov>; Munger, Bridget <bridRet.munger@ncdenr,gov>; Ansel, Douglas R <douglas.anselRncdenr.eov> Cc: Lane, Bill F <Bill.Lane@ncdenr.gov>; McLain, Carolyn (CMcLain@ncdoi.gov) <CMcLain@ncdoi.eov> r _ ;! Subject: RE: Ashe County's June 22, 2017 Letter to Secretary Regan RE Glendale Springs Quarry Importance: High Based on the site visit on June 12, 2017, 1 did not observe or discover anything that would prohibit DEQ from issuing a stormwater permit for the Asphalt Plant. • Although training records were not available at the time of the inspection, staff appeared to be trained on the Stormwater Pollution Prevention Plan(SPPP). I informed the facility what needed to be done to maintain training records. • The Site maintains a Stormwater Inspection and Maintenance (SWIM) Log. Entries in the inspection log included the date, inspector, and condition of Stormwater control measures. Other entries included when maintenance was performed. I informed the facility what needed to be done to clarify entries in their SWIM log. • The SPPP was dated May 18, 2017. There was no record of annual reviews. I provided some comments to the facility to update their SPPP. • The site plan does not clearly show drainage areas. The site plan does not clearly identify each outfail and each stormwater control measure including but not limited to stormwater diversion devices, stormwater retention devices, pits, sediment traps, and stormwater culverts. • Monitoring records were available and reviewed. It was noted that several of the monitoring records referred to sampling results even thou there was no discharge. The facility has corrected the records. We observed what appeared to be a natural spring near entrance at the quarry that was being diverted to NCDOT right -a -way. The spring was protected by a berm, appeared to be clear, and it did not appear that any stormwater from the quarry was getting into the spring. There was not any evidence that sediment was leaving the site — regardless, there were several areas that had some buildup of sediment, another area indicated severe erosion, and minor damage to a berm protecting the stream. Stormwater control measures appear to be functioning. It was recommended that these areas be addressed. Attached is a copy of my draft report. Sent from my iPhone Mike Randall Stormwater Permitting Program NC Division of Energy, Mineral and Land Resources (DEMLR) Office: 919-807-6374 Cell: 919-389-7801 1612 Mail Service Center Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws From: Davis, Tracy Sent: Thursday, July 6, 2017 11:04 AM To: Holman, Sheila <sheila.holman@ncdenr.eov>; Vinson, Toby <toby.vinson@ncdenr.gov>; Boyer, Janet <janet.boyer@ncdenr.gov>; Munger, Bridget <bridget.munper@ncdenr.gov>; Ansel, Douglas R <douglas.ansel@ncdenr.,Rov>; Randall, Mike <mike.randall@ncdenr.Rov> Cc: Lane, Bill F <Bill.Lane@ncdenr.gov>; McLain, Carolyn (CMcLain@ncdo1.gov) <CMcLain@ncdoi.eov> Subject: Ashe County's June 22, 2017 Letter to Secretary Regan RE Glendale Springs Quarry All, Attached is a June 22, 2017 letter sent to the Secretary from Ashe County's attorney (which I received a cc: of yesterday afternoon) regarding the Glendale Springs Quarry and proposed asphalt plant. Sheila, I recommend that we have a multi -divisional meeting (DEMLR, DWR, and DAQ) - along with Bridget and OGC/AGO attorneys that have been involved with this operation - to discuss each Division's involvement, jurisdiction and compliance activities at this site and proposed, coordinated next steps. From DEMLR, I propose that me, Toby, Janet and Mike participate. Thanks, Tracy Tracy E. Davis, PE, CPIVI Director Division of Energy, Mineral, and Land Resources Department of Environmental Quality (919) 707-9200 office tracy.davis(ZDncdenr.gov 512 N. Salisbury Street — Archdale Building 1612 Mail Service Center Raleigh, NC 27699 <image002.png> Email correspondence to and from this address is subject to the !North Carolina Public Records Law and may be disclosed to third parties. DWR/DEMLR Site Visit: June 12, 2017 Glendale Springs Quarry, Ashe County Permit No. NCG020708 Participants Mike Randall - DEMLR Matt Gantt, DEMLR Tim Latham, DEMLR Sherri Knight, DWR George Smith, DWR D. J. Cecile, A.M., Ph.D., Vice President / CFO, Radford Quarries!Inc. Derek Goddard, Blue Ridge Environmental Consultants Background Permit NCG02 is issued to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters, from active and inactive mining sites Storm water discha\ge associated with industrial activity means the discharge from any conveyance�that is used for collecting and conveying storm water and that is directly, le ated to manufacturing, processing or raw materials storage areas at an industrial plant. For the categories of industries, the,term includes, but is not limited to, storm water discharges from industrial plant yards and access roads used or traveled by carriers of raw materials, manufactured products, waste material, or 6y7products used created by the facility; material handling sites. Facilities that require an,N!PD�5 permit must deveIop aan d implement a Stormwater Pollution Prevention Plan (SPPP) specific to that,facibty. Specific elements of•the SRPPorGenda leSprings-Quarry in Ashe County include but are not limited to: ✓ Annual�Training ✓ Stormwater Inspection and Maintenance (SWIM) ✓ Site Plan\ ✓ Annual SPPP,Assessment ✓ Monitoring \_ Documents reviewed ✓ COC and/or Notice of Intent (NO1) ✓ NCG020708 ✓ SPPP (dated May 18, 2011) ✓ Records of any enforcement action against the facility ✓ DMR for the past five years ✓ Stormwater inspection and maintenance (SWIM) log ✓ Stormwater Control Measures inspection records (at least once every seven calendar days) ✓ Copies of inspections and follow-up records ✓ Records of deficiencies observed ✓ Copies of action plans developed to address the root cause and/or correct the deficiencies ✓ Inspections and BMP repairs records ✓ Erosion and sediment controls inspection records ✓ Visible sedimentation records Documents not available ✓ Annual training records that identify, i.e., who was trained, what they were trained on, and when they were trained ✓ Required annual SPCC updates for 2012, 2013, 2014, 2015, 201'6, and 2017. Documents not reviewed ✓ Written best management practices designed•to prevent or minimize exposure, e.g., prohibited activities prohibited, vehicle washing and/or maintenance procedures ✓ Written spill response procedures ✓ Records of any releases reported �& ✓ Rain gauge and monitoring records Findings Annual Training \ Training records were not a/va�ilab a at the time of the inspection. C Stormwater Inspection and'Maintenance (SWIM) The Site maintains a-Stormwater Inspection and,Maintenance Log. Entries in the inspection log included the date; inspector; andif-the "pit" was OK." `Ott Otherentries included when maintenance was performede Annual\P.Assessment The SPPP was dated May 18, 2017. There was no record of annual reviews for 2012, 2013, 2014, 2015, 2016, and 2017. The,SPPP has not been "cleaned up." The SPPP plan still has EPA instructions and EPA references to the 2008 EPA M`SGP. / Site Plan The site plan does not clearly show drainage areas. The site plan does not clearly identify each outfall and each stormwater control measure including but not limited to stormwater diversion devices, stormwater retention devices, pits, sediment traps, and stormwater culverts. A stormwater outfall can be any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Monitoring Monitoring records were available and reviewed. It was noted that several of the monitoring records referred to sampling results even thou there was no discharge. Recommendations Training Training records were not available at the time of the inspection. Training records should include a list of staff who needs to be trained, a record of what they need to be,trained on, and when they need to be trained and copies of the materials used in the training. It is recommended that the facility develop an inspection and maintenance checklist for staff to inspect stormwater control measures including but not limited to berms, sediment basins, and pits. It is recommended,that the checklist be maintained with the SPPP and used for training purpose. A record o annual on the job training can recorded in the Stormwater Inspection and Maintenance Log Book,or any other method the facility prefers. Stormwater Inspection and Maintenance Entries in the inspection log included the date, inspector, an -if the pit was "OK." It is,n t clear what pit the entry were referring to and what was meant by "OK." It is recommended that the facility develop an inspection and maintenance checklist that staff can -use when inspecting stormwater control measures including but not limited to berms, sediment�basins,-,andpits. It is recommended that the facility develop a ranking system (1-5).with specific me ani ng���,` 1. Stormwater/Control Measure is in excellent conditior\No'action required. 2. Stormwater Control Measure is in good`condition. No action required in the immediate future. 3. Stor wm ater Control Measure -requires maintenance. Required maintenance to be scheduled•in 7'-- 0 days <he logbook should.have a separate entry or some other t\ ethod to record when the required maintenance is completed. 4. Stormwater Control Measure is in immediate need of maintenance and/or repair. The log book should have a separate entry or some other method to record when the required maintenance is comple edj 5. Stormw `er Control M! asure has failed. The log book should have a separate entry or some other.metho&to record when the required maintenance is completed. �/ Include with the SPPP a s\•pIan th� clearly show drainage areas and identifies each outfall and each stormwater control measure Including but not limited to stormwater diversion devices, stormwater retention devices, pits, sediment traps, and stormwater culverts. Annual SPPP Assessment The SPPP was dated May 18, 2017. The SPPP must be reviewed annually. The SPPP was dated May 18, 2017. There was no record of annual reviews for 2012, 2013, 2014, 2015, 2016, and 2017. The SPPP has not been "cleaned up." The SPPP plan still has EPA instructions and EPA references to the 2008 EPA MSGP. The purpose of the annual review is to access the effectiveness of the SPPP and update as necessary. It is recommended that: ✓ Include the site address and if necessary identify the "mailing" address. ✓ EPA Instructions and EPA references be removed. ✓ include with the SPPP a site plan that clearly show drainage areas and identifies each outfall and each stormwater control measure including but not limited to stormwater diversion devices, stormwater retention devices, pits, sediment traps, and stormwater culverts. ✓ Remove references to "repeat as necessary" ✓ Provide a brief narrative for references to "NA" ✓ identify outfalls by number, i.e., SW001, as opposed to "at a I outfalls. ✓ Site plan was not legible. Include with the SPPP, a site plan that clearly show drainage areas and identifies each outfall and each stormwater control,m�easure.including but not limited to stormwater diversion devices, stormwater retentions devices, pits, sediment traps, and stormwater culverts. ✓ Include with the SPPP, an inspection and maintenance checklist be•used in training and for the stormwater inspection and maintenancce/ A common practice is to review the plan annual and sign and date the cover page. Minor modifications are usually entered in the margin, initialed•and dated. That way it isn t necessary to retype the SPPP on an annual basis. Observations We observed what app ar✓ t�o.b tural sp ng near e� ra ` at` a quarry that was being diverted to NCDOT right -a -way.` he spring was protected`bya berm, appeare to be clear, and it did not appear that any stormwater from the quarry was getting intto4he spring_ \\ � se�There were severai-areas that had,so je-buildup of iment (see photos 1 and 2 below). Another area indicated severe erosion(see photo 3j. Photo 4shows a,stormwater outfall that was not identified in the SPPP. It's recommended that these areas be addressed. Photo 5 shows some damage to berm protecting stream. Photo 1 Buildup of sediment Photo 2 — Buildup of sediment. -v 0 0 n a, cro rp 0 0- rb 3 0 rb n_ 7� 00 ro Q, North Carolina Department of Environmental Quality, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Glendale Springs Quarry_ 2. MINE LOCATION: Glendale School Road 3. COUNTY: Ashe 4. RIVER BASIN: New 5. CASE: 6. OPERATOR: Radford Quarries, Inc. _ 7. ADDRESS: P.O. Box 2071, Boone, NC 28607 Attn: Mr. DJ Cecile, PhD 8. MINING PERMIT #: OS-05❑ N/A 9. PERMIT EXPIRATION DATE: 9/8/2018_❑ NIA 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile, Derek Goddard 11. PICTURES? ® Yes ❑ No TAKEN BY: Tim Latham, Mike Randall 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ❑ B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: May 25 2017. 14. Any mining since that date? N Yes ❑ No if yes, cite evidence of such mining activity: Yes, mine was open at time of inspection. 15. Was mine operating at time of inspection? ® Yes ❑ No If yes, explain: Mine was operational during inspection. 16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ N/A If no, explain: NIA 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® NIA If no, explain: N/A 18. Is there any off -site damage? A. ❑ Yes B. ® No C. ❑ If A, describe the type and severity of the damn c: None noted. If B or C, is there potential for offsite damage? In Yes 0 No Explain: NIA 19, Corrective measures needed and/or taken: 1. The explosives storage access road had been covered with stone and the eroded area noted in the May 25, 2017, inspection report has been repaired. 2. The stone berm around the outer perimeter of the explosive access road continues to hold up well. A small area of erosion was noted at the base of the berm. The repair of the berm was discussed on site. 3. The stone dam in the place of the former burnt stump has been repaired since a prior inspection on April 11, 2017. However, recent heavy rains have led to the stone again being filled with sediment. Additional stone has been placed on the outlet of the trap, but the impoundment behind the stone still needs to be excavated out of the basin. 4. The erosion on the upper bench at the rear of the site was still present. Mr. Cecile is currently evaluating a way to prevent further slope erosion and erosion of the existing slope. (Note: Runoff from this slope is being captured on the next slope down. That runoff enters a slope drain and is directed to the sediment skimmer basin present below all of the slopes). 5. The large pile of rocks and dirt located off Glendale School Road still has not led to any off -site sedimentation. Glendale School Road was free of any sediment from the mine in this area. Erosion of the road shoulder and the ftU slope on the opposite side of Glendale School Road was photographed and documented and noted as a follow-up to recent heavy rains on May 23, 2017. 6. The sediment trap noted in the May 25, 2017, inspection report has been properly maintained and has no sediment accumulation in it at this time. The rock check dam above the recently maintained sediment trap noted above needs to be maintained. A stone berm noted below the sediment trap has been damaged by a back hoe being parked on it. This stone berm will need to be restored as discussed during the inspection. 7. Sediment that has accumulated at the base of the access road (the right ditch looking uphill) will need to be removed and this area needs to be stabilized with rip -rap. No sediment was noted in the sediment trap below the ditch. 20. Other recommendations and comments: 1. The paving of Glendale School Road just outside of the quarry (on top of the newly installed NCDOT pipe) has been completed. 2. The sediment skimmer basin at the base of the first bench at the rear of the mine had no discharge at the time of inspection. There was also no discharge noted in the May 25, 2017, inspection. 21. Is the Annual Reclamation Report +/- map accurate? 0 Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 22. Follow-up inspection needed? ❑ Yes ® No 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 6/14/2017 MSPECTED BY: Matthew .Gantt, PE, Tint Latham, Smith(DWR) DATE June 12, 2017 Telephone No: 336-776-9800 Copy to file Copy to operator Proposed date: Jane 12, 2018 Mike Randall, Sherri Knight (DWR), and George Copy to Mining Specialist North Carolina Department of Environmental Quality, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SIITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Glendale Springs Quarry_ 2. MINE LOCATION: Glendale School Road 3. COUNTY: Ashe 4. RIVER BASIN: New 5. CASE: 6. OPERATOR: Radford Quarries, Inc. 7. ADDRESS: P.O. Bog 2071, Boone, NC 28607 Attn: Mr. DJ Cecile, PhD 8. MINING PERMIT #: 05-05❑ NIA 9. PERMIT EXPIRATION DATE: 918/2018_❑ N/A 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile, Pete Cecile 11. PICTURES? ® Yes ❑ No TAKEN BY: Matthew Gantt 12. TYPE OF INSPECTION: [] A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last Inspection: 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Yea, mine was open but not active due to wet conditions. 15. Was mine operating at time of inspection? ® Yes ❑ No If yes, explain: Mine was operational during inspection, but was inactive due to wet site conditions. 16. Ia the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No ❑ N/A If no, explain: Condition 4C: All sedimentation control measures must shall be installed and maintained as indicated on the Mine Modification Map received on February 5, 2016. The rock dam present on the west side of the "existing access road" had recently filled with sediment and will need to be properly maintained. No sediment loss was noted into the stream below the rock dam. The stream below the rock dam discharges into a drainage culvert under Glendale School Road. The maintenance of the rock dam is considered a top priority among the maintenance of all the other measures within the mine, Pete Cecil said he plans to clean out the rock dam the first thing on the morning of Friday, May 26, 2017 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® N/A If no, explain: N/A 18. Is there any off site damage? A. ❑ Yes B. ® No C. ❑ If A, describe the type and severity of the dame e• None noted - If B or C, is there potential for offsite damage? L] Yes ® No Explain: N/A 19. Corrective measures needed and/or taken: 1. The explosives storage access road had been covered with stone. A small area of erosion was noted at the base of the road. It is suggested that this area be filled in with stone as discussed on site to prevent further erosion of the access road. 2. The stone berm around the outer perimeter of the explosive access road appears to have held up well. 3. The stone dam in the place of the former burnt stump has been repaired since the last inspection on April 11, 2017. However, recent heavy rains have led to the stone again being filled with sediment. The stone dam will need to be properly maintained as discussed on site during the inspection. 4. The erosion on the upper bench at the rear of the site had been improved since the last inspection on April 11, 2017. However, some of the work had been washed out by heavy rains. Please continue to maintain the slope drain and rock dam in this area. Directing some of the runoff from the upper bench to the other slope drain present on the top of the bench was also discussed 5. Mr. DJ Cecile indicated that it was his desire to remove the blasted rock away from the lower quarry entrance, The rock is to be taken to the pit within the quarry for further processing.after the conditions on the mine dry out. The large pile of rocks and dirt located off Glendale School Road has not led to any offsite sedimentation. Glendale School was free of any sediment from the mine. Erosion of the road shoulder on the opposite side of Glendale School Road was noted as a result of recent heavy rains on May 23, 2017. 20. Other recommendations and comments: 1. The rocks within Glendale School Road in the area of the prior culvert addition have traveled down the street as a result of recent heavy rains. Mr. Cecile will contact NCDOT to inquire about the possibility of having the area of the pipe installation within the road paved. Both the upper and lower entrances to the mine were dry at the time of inspection. No rock debris or stones were noted as having left the mine entrances. One set of tire trucks was noted on the upper quarry entrance along Glendale School Road. No accumulation of rock dust was present on Glendale School Road. 2. The sediment skimmer basin at the base of the first bench at the rear of the mine had no discharge at the time of inspection. Some sediment had been deposited at the rear of the basin. 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ NIA 22. Follow-up inspection needed? ® Yes ❑ No Proposed date:. May 25, 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 6/02/2017 INSPECTED BY: Matthew Gantt, PE DATE May 25, 2017 Telephone No: 336-776-9800 Copy to file Copy to operator Copy to Mining Specialist l._ North C_._ olina Department of Environmental Quality, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERNErrFED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Glendale Springs Quarry_ 2. MINE LOCATION: Glendale School Road 3. COUNTY: Ashe 4. RIVER BASIN: New 5. CASE: 6. OPERATOR: Radford Quarries, Inc. 7. ADDRESS: P.O. Box 2071, Boone, NC 28607 Attn: Mr. DJ Cecile, PhD' 8. MINING PERMIT #: 05-05 ❑ NIA 9. PERMIT EXPIRATION DATE: 9/8r1018❑ NIA 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile, Pete Cecile, Derek Goddard 11. PICTURES? ® Yes ❑ No TAKEN BY: Tim Latham 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 14. Any mining since that date? ® Yes ❑ No If yes, cite evidence of such mining activity: Yes, mining during inspection. 15. Was mine operating at time of inspection? ® Yes ❑ No If yes, explain: Mine was operational during inspection 16. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No ❑ NIA If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No ® NIA If no, explain: NIA 19. Is there any off -site damage? A. ❑ Yes B. ® No C. ❑ If A, describe the type and severity of the damage: None noted. If B or C, is there potential for offsite damage? 0 Yes ® No Explain: 19. Corrective measures needed and/or taken: A new culvert pipe has been installed under Glendale Springs Road by NCDOT. It is anticipated that this additional culvert will alleviate water from the road side ditch along Glendale Springs from running across the entrance to the quarry. The following repairs have been made per the last inspection report dated February 23, 2017: The fill slope below the future asphalt plant area has been filled in. Two small slope drains have been added to the slope. It is suggested that a larger slope drain be used given the drainage area present on the future asphalt plant. The burnt stump has been removed from the base of the slope between the quarry and the processing area. The sediment trap Installed in place of the burnt stump has filled with sediment and will need to be maintained. More stone will need to be added to the low side of the trap to prevent sediment from washing around it. A stone berm has been installed along the access to the explosives storage building. The upper end of the diversion will need to be regraded to drain toward the stone outlet portion of the berm. The newly excavated slope within the processing area was also inspected. No erosion from this excavation was noted across the stone access drive in the processing area or off of the mining limits. A small excavated pit has been installed at the base of the excavation to control any sedimentation that may be generated. 20. Other recommendations and comments: Some repairs have been made per the last mining inspection report dated February 23, 2017. Remaining items that need to be addressed were discussed on the site with Mr. D.J. Cecile and Mr. Derek Goddard. The renewal of the existing mining permit was also discussed. The grading of the slope between the quarry and the processing area will need to be shown on the renewal map. Mr. Goddard indicated that the renewal process will begin next spring. 21. Is the Annual Reclamation Report +/- ma accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed ❑ N/A 22. Follow-up inspection needed? ® Yes Lj No Proposed'date: April 12, 2018 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator 4/17 17 INSPECTED BY: Tim Latham, Matthew Gantt DATE April 11, 2017 Telephone No: 336-776-9800 Copy to file Copy to operator Copy to Mining Specialist r-� 1 L� GsJ_idance for determination of NPDES ret3ulato.ry_StaApU of various discharges on a mine site „(Active and Inactive Mines} Jun 3, 20%6: NC DEQ Stormwater Progrom Feature contributing not Rule or permit citations; to a discharge Conditions and comments sw ww regulated other guidance 1 Undeveloped areas at the site, w/o permitted Other areas closed out and fully reclaimed, too. X Excluded from stormwater def. in mining activity 40CFR122.26(b)(14) 2 Overburden stockpile Not mixed with any mined materials or other wastewater X 'overhurden' at drainage. Better when fully stabilized. 40CFR122.26(b)(14)(M) 3 Soil borrow area drain a Like a borrow area at a construction site. X DEQ BPJ inter . of citation above. 4 Vehicle maintenance areas Additional monitoring, if pualified by motor oil usage. if X Consistent w/other regulated activity commingled with WW, discharge instead subject to identified at 40CFR122-26(b)(14)(viii); wastewater sampling; additional O&G sampling could be DEQ SPJ recommended but not required {per current permit). S Equipment bone Ards X 'rP use sites' in 122.26{b)(14) 6 AST Secondary containment release If uncontaminated. X 'tonk forms'in 122.26(b)(14) 7 Access and haul roads, without dust control Except: roads off -sire are not regulated X X, ua-.k. 'access roads' in sw definition in 40CFR122.26(b)(14) 8 Access and haul roads, with dust control, when If just stormwater runoff from sprayed roads. OK to spray X Above citation plus DEQ BPJ for spraying it's stormwater with mine pit water ,as lonILas no significant or sustained mine dewatering water for dust control. flow, or discharge to surface waters results. Any Inspector BPJ to determine if excessive chemicals used should be approved and used in proper flow or potentiat WQ problem is basis doses to prevent aquatic toxicity — refer to approved for wastewater determination. PAMS list or consult DWR Aquatic Toxicology Branch. Access and haul roads, with dust control, when If recycled or process wastewater sprayed, or if spraying X NPD£S process ww definition at it's wastewater excessive enough to cause sustained flow or discharge to 40CFR122.2 plus DEQ BPJ on prudent surface waters. Also wastewater if any chemicals applied protection for NC surface waters. are not approved by DWR Aquatic Toxicology or are used Inspector 6P1 to determine if spray in amounts that may cause aquatic toxicity. excessive. 10 Stormwater-only sediment basins If no wastewater contribution (mine dewatering, process X Stormwater in: stormwater out, DEQ BPJ ww, flow from active mining area.) 11 stormwater-onty sediment basin cleaning spoi! Spoil may not impact wetlands. X ISA NCAC 213.0231, NC wetlands drain a standards 12 Wastewater treatment or recycle basin cleaning tnctudes basins that treat wastewater or mine X Wastewater In: wastewater out, DER spoil drainage dewatering water. BPJ 13 Processing plant: recycle water overflow or Even 'if caused by rainfall or mixed with stormwater X 40CFR122,2 def. process ww; process wastewater runoff. Except: segregated areas that do not drain Plant yards' in stormwater definition at wastewater would be stormwater, but these are rore. X, ..r ... 122.2E{b)(14) 14 Final product stockpile drainage, when it's For most Construction materials including sand, gravel, X 'final products' in stormwater def. at stormwater and stone; industrial sand. 40CFR122.26(b)14) 15 Final product stockpile drainage, when it's For some mineral mines where 'Final' product is subject X 'comes into direct contact wastewater to further processing: and Ir final product exposes with... intermediate product, final minerals, metals, or chemicals with aquatic toxicity or product...' 40CFR122.2 Def. of process other pollutant risk; DEQ may regulate as W W. wastewater; DEQ BPJ 16 Mine B.11 dewatering, pumped or drained by Including contributions from rainfall and groundwater. X 40CFR436.21, .31, and .41; efforts of the operator DEQ BPJ default for all mines 17 Mine gli dewatering, via overflow due only to DEQ considers these types of discharges, including those X 40CFR436.31 Construction sand & grovel rain or groundwater seepage from clay pits (not specified in regs), as regulated have effluent limits and 'mine wastewater. Except: such wet pit overflows from 436.21 X, ""`"i° dewatering" includes wet pit overflows; .R,.n , 436,41 industrial sand, some; 0 E-.1 Guidance for determination of NPDES reizulatory status of various discharges on a mine site (Active and Inactive Mines] lun 3. 2016: NCD£Q Srormwater PIOWara Feature contributing not Rule or permit citations; to a discharge Conditions and comments sw vnv regulated other guidance Crushed Stone treated as stormwater, as long ps not DEQ BPJ for 436.21 Crushed stone commingled with process generated wastewater. narrower mine dewatering definition; DEC BPJ for clay. 16 Mine face / Mine excavation area drainage (not a e.g., mining an area on a mountain side or sand mine x DEC BPJ; Def. of mine dewatering in pit), when its stormwater excavation area(s)• When water from the mine area is 40CFR436.21, .31, and .41. Situations W "pumped, drained, or otherwise removed where stormwater inside a mine is= from the mine through the efforts of the mine intentionally routed out of the mine by operator.' But, often mine excavation area drainage operator efforts - will be wastewater per 19, 19 Mine face / Mine excavation area drainage (not a e.g., active mining area on a mountain side or sand mine X Consistent with mine dewatering pit), when it's wastewater excavation areal$). Any "water that is impounded definition in citations above and 'direct or that collects in the mine and is pumped, contact with'40CFR122.2 def. of process drained, of otherwise removed from the mine wastewater, Includes grading, channeling, ditching, or outlet through the efforts of the mini' operator" is construction intended to remove/drain subject to effluent limitation guidelines. Also, mines water from the active mining area. If where mine face exposure results in significant risk to exposure includes parameters not in water quality standards (note, an individual permit may NCG02 (metals, for example), a general be required to monitor parameters not in NCG02). I Permit May not be appropriate. 20 Legacy structures at a closed out and reclaimed And for closed out and fully reclaimed portions of an X Excluded from stormwater def. in mine. eg. stabilized overburden stockpiles, operating site 40CFR122.26(b)(14); not included in stormwater basins, and pit/quarry overflows process wastewater definition at 40CFR122.2 21 Deemed permitted discharges Subject to NC rule, but not this permit. 2T covers 1$A NCAC 2H .0106(f) discharges to the land surface. 15A NCAC 21 .0113(a) 15 ,(16) Notes: What Is covered by NCG027 stormwater and wastewater dischorges from construction materials quarries, mineral mines, and stand-alone processing plants associated with them; and clay mines. What is = covered by NCGO27 Discharges from tourist gem mines; brick manufacturing w/o clay pits (NC607); coat peat, oil & gas; metal mirring; DOT borrow areas fNCSDW250), in -stream sand dredging (NCG52); mine operations already covered under on individual discharge permit. Wastewater commingled with stormwater is regulated as wastewater. Even if the discharge is rainfall driven. whether regulated with a permit under the NPDES program or not, mining discharges may not cause or contribute to a violation of an in -stream water quality standard, taring DWR RO Supervisor into loop if observed site conditions suggest the potential for a WQS violation. • Whether regulated with a permit under the NPDES program or not, mining discharges or operations may not: drain wetlands due to dewatering In the mine; blow out wetlands due to the volume of discharges; or damage wetlands with pollutanu from the mine property. Bring DWR RO Supervisor into the loop if observed site renditions suggest the potential for wetlands damage whether intentional or incidental/accidenrol, • The receiving water dassiHcation may determine the numerical value of the stormwater benchmarks or the wastewater limitations. See permit text. • What If continuous How measurement of wastewater Is impractical or overly burdensome, and discharge isn't pumped (no pump curvesl7 EPA has advised (3/24/20161 that continuous flow meter may not be necessary or practical in all situations, especially where flow discharge is infrequent; DEC regions can make accommodations to allow permittees to use an alternative method to estimate discharge flows when appropriate. Consider that discharges to HQWs are subject to flow limits in the permit tbased on N[ WQS). Permit footnote language came from NPDES W W permit standard language and has remained in NCGp2 tot several permit cycles; DEC will revisit at renewal. • Limitation of authority: This qV;donce table is intended as an on -site aid for DEMLR inspectors and for permittees. It does not replace relevant NC low, federal and state rules, NCG02 permit conditions, DEW policy, or DEMLR implementation precedent 0 • 0 e North Carolina Department of Environmental Quality Technical Bulletin for N.C. General NPDES Permit NCG020000 (Mining Environmental Activities) Division of Energy, Mineral, and Land Resources Quality Technical Bulletin for NCG020000 (Mining) Last Revised 10/8/2015 What activities are covered by this general permit? NCG020000 coverage authorizes: • Stormwater discharges associated with mining and quarrying of non-metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance activities (VMA) at mine sites. . Wastewater discharges (dewaiering, process wastewater, wastewater recycle system overflows). • Operation of wastewater treatment systems (Authorization to Construct no longer required). NCG020000 coverage is NOT APPLICABLE to: • Borrow Pits covered by the NC DOT statewide stormwater permit, • Peat mining, coal mining, metal mining, or oil & gas extraction operations. • Wastewater not specifically identified by the general permit. What are key stormwater requirements? NCG020000 requires periodic discharge monitoring and a Stormwater Pollution Prevention Plan (SPPP): • Develop and implement an SPPP, and update it at least annually. • Inspect Stormwater Best Management Practices (BMPs) once every seven (7) calendar days. • Semi-annual analytical monitoring and qualitative (visual) monitoring. • Report stormwater monitoring data once a year by March i st to DEG Central Office. • Report benchmark exceedances or Tier 2 monitoring to the DEMLR Regional Office within 30 days. • Respond to benchmark exceedances according to Tier response requirements. What are key wastewater requirements? NCG020000 stipulates wastewater treatment facility operational requirements and periodic discharge monitoring: • Notify DEG if facility fails to perform satisfactorily or creates nuisance conditions. • Only DEQ-evoluaied flocculants may be used, if administered according to maximum application doses. • Quarterly analytical monitoring for first year, or until four consecutive samples comply with all limits (then semi-annual monitoring allowed). Quarterly monitoring schedule resumes upon any limit violation. • Settleable solids (SS) monitoring applies to discharges to HQW, ORW, SA, SB, PNA, or Tr designated waters. • Total Suspended Solids (TSS) limits specific to industrial sand mines, and to any mine discharging to HQW. . Report wastewater effluent monitoring data once a year (by March i st) to DEG Central Office. • Report effluent limitation violations to the DEMLR Regional Office within 30 days. • Effluent turbidity levels above the water quality standard prompt upstream and downstream monitoring. What has changed from the previous permit? Some changes specific to Stormwater: • Reduced BMP inspections (weekly) for active mines; additional allowances for inactive mines that qualify for "dormant status." • Changes to SPPP Annual Update. • "Measureable storm event" (any size that results in a discharge) replaces "Representative" event. . New benchmarks and Tiers specific to turbidity. • Total Plow and event duration no longer required. • pH removed from VMA monitoring. Some changes specific to Wastewater: • May drop to semi-annual WW monitoring after four quarterly samples that comply with all limitations. • Turbidity instream monitoring is required if effluent levels above the water quality standard. • SS monitoring for sensitive waters only (HQW, etc.) • TSS limits apply to industrial sand mines and HQWs. Changes from the lost permit ore detailed in the "Response to Comments and Summary of,Changes" Document for the 2015 NCG02 GP on our website. PAGE 2 TECHNICAL BULLETIN FOR N.C. GENERAL NPDES PERMIT NCGO20000 (MINING ACTIVITIES) Frequently Asked Questions What if my mine is inactive? The permit makes allowances for Inactive mines that have sus- pended all industrial activities and that certify to DEMLR that the site has been stabilized. If approved for "dormant status," these operations qualify for re- duced 8MP inspections and may be exempted from outfoll moni- toring by the Regional Engineer. Do I have to monitor all outfalls? Yes. However, you may request Representative Outfall Status (ROS). If approved, ROS allows monitoring at fewer outfalls. To request ROS, submit an ROS Re- quest Form to the DEMLR Region- al Office. The form is available on our website (below). Also, the Regional Office may exempt mines with "dormant sta- tus" from analytical and/or qualk tative monitoring. What if I sell my business, or the name changes? You are required to notify DEMLR of those changes in writing, and continuation of permit coverage is subject to the Director's ap- proval. Please submit the Name/ Ownership Change form located on our Program website. What do I do when my permit expires? Permitees are not required to sub- mit an application for renewal un- less directed by the Division. The permiltee should continue to abide by this general permit if it expires and renewed coverage has not yet been issued. What is wastewater, and what is stormwater at a mine site? Any water contacting an actively mined area, water used to pro- cess mined materials, and mine dewatering water are all consid- ered "wastewater." For some mines, "mine dewatering". also means wet pit overflows, and not just pumped -out water. Any stormwater that commingles with these waters is "wastewater." "Stormwater" includes runoff from areas related to mining, pro- cessing, or raw material storage areas, such as haul roads or pro- cessing plant areas at the mine. Sometimes the answer is not clear because of how broad the defini- tions are. For example, N.C. con- siders runoff from areas that con- tain overburden only (no mined or processed material), and that does not commi Qle with wastewater (including runoff from the mine), to be stormwater. If you are unsure about discharges, please contact the DEMLR Re- gional Office for assistance. Does a certified lab need to analyze my samples? Monitoring under NPDES permits must be conducted in accord- ance with test procedures ap- proved in federal regulations in 40 CFR § 136. All labs certified by LAST REV, 1018/15 North Carolina perform analysis in accordance with those proce- dures. While N.C, certification re- quirements do not apply to testing stormwater-gnly discharges, data gathered under an NPDES permit must still conf rm to federal re- quirements. Using a North Caroli- na certified lab is one way to en- sure compliance. A list of certified labs is available from: http:// portal.ncdenr.org/web/wq/lab/ cert/ What if I pull samples for my analytical monitoring, and I'm unable to get a sample or valid results for a parameter? If this happens, please sample for the missing parameter during the next measureable storm event or wastewater discharge. If I sample my discharge, do I have to do visual monitoring at the same time? You may, but it is not necessary under NCG02. Some other gen- eral permits require it, however. What if there is no flow for a period between two samples that exceed a benchmark? Are those consecutive exceedances? Yes. This scenario still puts you in Tier 2. The new permit is more clear about how the Tier 2 trigger omits periods of no discharge. Who can help me with questions? Your questions about stormwater permit requirementsAi can be addressed to the DEMLR Offices: Asheville Office ........... (828) 296-4500 Washington Office....... (252) 946-6481 Fayetteville Office....... (910) 433-3300 Wilmington Office........ (910) 796-7215 Mooresville Office....... (704) 663-1699 Winston-Salem Office... (336) 776-9800 Raleigh Office..,......... (919) 791-4200 Central Office ............. (919) 707-9220 Helpful Link: DEMLR Stormwater Permitting Program: http.,//portal.ncdenr.org/web/tr/stormwater L _u N North C___olina Department ofEnvironmentai Quality, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT ® PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Glendale Springs Quarry_ 2. MINE LOCATION: Glendale School Road 3. COUNTY: Ashe 4. RIVER BASIN: New 5. CASE: 6. OPERATOR: Radford Quarries, Inc. 7, ADDRESS: P.O. Box 2071, Boone, NC 28607 Attn: Mr. D3 Cecile, PhD 8. MINING PERMIT #: 05-05 ❑ NIA 9. PERMIT EXPIRATION DATE: 9/8/2018 ❑ NIA 10. PERSON(S) CONTACTED AT SITE: D.J. Cecile, Pete Cecile, Derek Goddard 11. PICTURES? N Yes ❑ No TAKEN BY: Tim Latham 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) I. Size of affected land: ac. (attach sketch map) 2. Row was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 14, Any mining since that date? N Yes ❑ No If yes, cite evidence of such mining activity: Yes, mining during inspection. 15. Was mine operating at time of Inspection? N Yes ❑ No If yes, explain: Mine was operational during inspection 16. Is the mine in compliance with the Operating Conditions of the Permit? N Yes ❑ No ❑ NIA If no, explain: ® 17. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No N NIA If no, explain: NIA 18. Is there any off -site damage? A. ❑ Yes B. N No C. ❑ If A, describe the type and severity of the damage: None noted. If B or C, is there potential for offsite damage? Lj Yes N No Explain: 19. Corrective measures needed and/or taken: A new culvert pipe has been installed under Glendale Springs Road by NCDOT. It is anticipated that this additional culvert will alleviate water from the road side ditch along Glendale Springs from running across the entrance to the quarry. The following repairs have been made per the last inspection report dated February 23, 2017: The fill slope below the future asphalt plant area has been filled in. Two small slope drains have been added to the slope. It is suggested that a larger slope drain be used given the drainage area present on the future asphalt plant. The burnt stump has been removed from the base of the slope between the quarry and the processing area. The sediment trap installed in place of the burnt stump has filled with sediment and will need to be maintained. More stone will need to be added to the low side of the trap to prevent sediment from washing around it. A stone berm has been installed along the access to the explosives storage building. The upper end of the diversion will need to be regraded to drain toward the stone outlet portion of the berm. The newly excavated slope within the processing area was also inspected. No erosion from this excavation was noted across the stone access drive in the processing area or off of the mining limits. A small excavated pit has been Installed at the base of the excavation to control any sedimentation that may be generated. 20. Other recommendations and comments: Some repairs have been made per the last mining inspection report dated February 23, 2017. Remaining items that need to be addressed were discussed on the site with Mr. D.J. Cecile and Mr. Derek Goddard. The renewal of the existing mining permit was also discussed. The grading of the slope between the quarry and the processing area will need to be shown on the renewal map. Mr. Goddard indicated that the renewal process will begin next spring. 21. Is the Annual Reclamation Report+/- ma accurate? [IYes El No (Explain) N Not Reviewed ❑ NIA 22. Follow-up inspection needed? N Yes No Proposed date: April 12, 2018 23. No. of additional pages of Inspection Report 0 . 24. Copy of Report sent to operator 4/17/2017 INSPECTED BY: Tim Latham, Matthew Gantt DATE April It, 2017 Telephone No: 336-776-9800 Copy to file Copy to operator Copy to Mining Specialist Randall, Mike rorn: Vinson, Toby ent: Thursday, June 08, 2017 2:31 PM To: corpenings@aol.com Cc: Munger, Bridget; Davis, Tracy; Boyer, Janet; Randall, Mike Subject: from Harry Corpening: some questions about the Radford Quarry in Ashe County Mr. Corpening, Thank you for your emails of 6/5 and 6/6/17. To summarize the pictures you provided in your 6/5 email: The first two photos are of the upper entrance to the quarry that show runoff coming down the stoned entrance. To the best of my memory, there is a break about 50-75' up the entrance where the flow beyond that drains back into the quarry area and/or diverts flow into two small sediment traps on either side of the entrance which were considered to be in compliance in the 5/25/17 inspection. So, we're primarily looking at runoff from the stoned driveway that falls on that section of entrance that flows to the road, in other words a very small section of stone stabilized entrance. Hence it appears that there may be some turbid water (i.e. colored water, not sludge which would more closely be defined as a thick mud) flowing down that entrance. Please keep in mind that turbid water in and of itself is not necessarily a violation. From other information provided by our WSRO, the work done by NCDOT that included a new pipe installation across Glendale School Road where DOT has stoned over the pipe installation but not yet paved that area appears to be contributing to the turbid water runoff down the road and into the ditches. Our staff will be in touch with NCDOT to touch base with them on the need to complete the paving over their work to prevent the scouring of the stone and potential for erosion of any soil under that stone. We third and fourth pictures are where the runoff from the DOT roadway and upper quarry entrance come together to run down the side of the road and eventually get into the roadside ditch which l don't think becomes very pronounced and into a typical ditch on the left side of the road, going downhill, until about 75'-100' below the upper entrance. This appears to be the confluence of runoff from that small section of stoned entrance, runoff from Glendale School Road and possibly some contributing flow from at least one of the sediment traps (installed best management practices, BMPs, that are installed to catch and retain sediment) that are located on either side of the upper quarry entrance. Again, from your pictures, this appear to be turbid water and not sludge. The best these measures are expected to capture by Rule is 70% of the 40 micron particle and larger. In other words, the best measures are not expected to capture and prevent all sediment from leaving construction and/or mine sites. Some silt and clay particles can runoff a site and not necessarily be considered a violation. The fifth picture is the left side of the lower entrance that is completely stoned at least 300' into the site. The sixth through ninth pictures are the right side of the lower quarry entrance, which too are stoned 300' into the site. There are possibly some issues in these areas that may need to be addressed if the earthen and stone berms along with the stoned driveways in this area are not diverting flow away from or preventing flow to the stream prior to treatment over the driveway or through a BMP. Note: again this appears to be turbid water and not sludge. It does appear from the pictures that seeding and mulching (revegetation) of recently excavated slopes is needed. The tenth picture appears to be the stream below the quarry that runs through the property below the quarry (possibly Ms. Sumner's property) on its way to the New River. This picture by itself does not allow us to make any judgement as to what may be contributed from the mine site as there are no pictures of the stream in the area upstream of the quarry. The last two or three inspection reports by the WSRO staff have not identified any offsite sediment that can be attributed to the quarry operations. The eleventh picture appears to show the stream outlet into the new river where a small delta exists that looks like it has been there over 13 years from looking back at the aerial and or satellite photos on Google Earth. This may or may not be attributable to quarry operations. Again, the previous inspections by staff have not identified offsite sediment from the quarry so we cannot prove that it is the result of the mining activity. However, BMPs required at the quarry or �any other construction site similar to the Highway 16 construction mentioned in your 6/6 email are designed to meet the 25 year design storm for mines and high quality water (HQW) areas and the 10 year design storm for all other construction in non-HQW areas both with the maximum design expectation of capturing 70% of the 40 micron particle as I mentioned previously. These measures do slow the flow volume of stormwater runoff from the disturbed operational areas versus what it would be without the measures but these measures are not required by laws or rules to be designed to reduce the total flow of water that gets into the stream and eventually to the river versus the pre - development runoff. The measures have to be non -erosive at the point of discharge but increased flow in a stream below that point of discharge result in what is commonly called incised stream banks which is a water quantity issue that causes erosion of stream banks and increases the sediment load in a stream which our laws and rules do not address in this situation. Also, visible from those aerial photos, it appears that there are erosion and runoff issues in the stream and on the property above the stream in the area of the tree farm upstream of the quarry which could be contributing further sediment into the stream and eventually into the river. This agricultural activity is exempt from the requirements of the Sedimentation Pollution Control Act so our agency does not have any authority to address possible issues contributing sediment to the stream from this area. To address the latest concerns you've shared in your 6/5 and 6/6 emails, especially in the areas around the upper and lower quarry entrances, I have asked one of our senior level Stormwater Engineers in our Central Office to accompany our WSRO staff to perform an Industrial Stormwater inspection of the site to check for compliance with their NCG 020000 permit. That inspection should take place within the next week. I hope this information addresses your concerns and helps to clarify the capabilities and limitations of the laws and rules that our agency has to work with. E Respectfully, William E. Toby Vinson, Jr., PE, CPESC, CPM Chief of Program Operations Department of Environmental Quality Division of Energy, Mineral, and Land Resources 512 N Salisbury St 1612 Mail Service Center Raleigh, NC 27699 Phone: 919-707-9220 Email: toby.vinson@ncdenr.sov Ac. '"Nothing Compares E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 Latham, Tim From: Pickle, Ken Sent: Wednesday, September 09, 2015 10:58 AM To: Smith, George Cc: Latham, Tim; Bennett, Bradley; White, Sue Subject: RE; Asphalt Plant ? - Ashe Hi George, Nice speaking with you this morning. I'll follow up with Mr. Miller later today. I'm confirming we issued a permit for the asphalt plant under our Certificate of Coverage NCG16022O on August 28, 2015. Appalachian Materials, LLC is the owner and permittee; Danny Cecile is the owner contact, location is reported as Glendale Springs (West Jefferson). Sue White and Glen White visited the site for DEMLR WSRO in July. kbp From: Smith, George Sent: Wednesday, September 09, 2015 10:09 AM To: Pickle, Ken < ken. pickle@ncdenr.gov> Cc: Latham, Tim <tim.latham@ncdenr.gov> Subject: Asphalt Plant ? - Ashe Ken, There is a quarry in Ashe county, Glendale Springs Rd.. They have a stormwater mining permit. (Cecil Brothers) They also have one in Watauga county on Bamboo Rd. Mr. Ford Miller, adjoining landowner, is hearing that an Asphalt plant will be permitted. He and a lot of people are opposed to it. He would like to know the status and his options to stop it. 828-738-8441 office 828-442-7143 cell George George Smith email, george.smrth@ncdenr,gov Division of Water Resources 450 West Hanes Mill Road, Suite 300 AWinston-Salem, NC 27105 Direct phone: (336) 776-9700 really do think it would be best if Toby went with us. Please see the last set of comments (on a °partte e-mail) I sent on the plan. We have a long way to go before the permit can be issued.. hanks, latt Prom: uavis, i racy Sent: Tuesday, September 01, 2015 4:47 PM To: Gantt, Matt; Boyer, Janet; Vinson, Toby; Cole, Brad Subject: RE: Glendale Springs quarry, Ashe County Can all of you please get together to decide on who from LQS will inspect the site (with the sheriff if that is necessary) in response to this complaint and to determine compliance with the mining permit, then take the appropriate next steps? Also, please let this complainant know that we are investigating her complaint and let her know your findings and next steps after the inspection. Please keep me posted as well. Thanks, Tracy From: Gantt, Matt Sent: Tuesday, September 01, 2015 3:09 PM To: Davis, Tracy; Boyer, Janet; Vinson, Toby Subject: FW: Glendale Springs quarry, Ashe County From: Boyer, Janet Sent: Tuesday, September 01, 2015 2:45 PM To: Gantt, Matt; Cale, Brad Subject: FW: Glendale Springs quarry, Ashe County Janet S. Boyer, PE, CPM State Mining Specialist Division of Energy, Mineral and Land Resources - Land Quality Section North Carolina Dept. of Environment and Natural Resources Janet. BoygL@ncdenr.gov Tel: 919-707-9220 Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Nancy Sumner [ma iIto: nancy.t.sumner@email _com] Sent: Tuesday, September 01, 2015 2:23 PM To: Davis, Tracy; Vinson, Toby Cc: Boyer, Janet Subject: Glendale Springs quarry, Ashe County Good afternoon, LI 0 Each of you should by the end of the day be forwarded an email from me that I sent to Man Gantt in the Winston-Salem regional office. Some of you may also have an email I sent to Tim Latham last week re the Radford quarry in Glendale Springs. My husband and I have owned property in Ashe County for 21 years. We increasingly are concerned about the quarry operation on Glendale School Road. Our property is directly across the Road from this quarry. In the email from Mr. Gantt, I have strongly requested a site visit to this quarry. I also know that he has told you that he and Mr. Latham will NOT go on that site without the presence of a staff person from Raleigh. I also know that a firearm was displayed by Mr. Cecile (owner) during their last site visit three years ago. I suggested that on this visit that you invite a member of the NC Highway Patrol to accompany you. Yesterday at DENR's Winston-Salem regional office, I examined the records of the Radford quarry in Glendale and was appalled by the non-compliance issues, basically the same ones each time, that your Division has found on inspection visits. I understand that no plan of correction has ever been required of the quarry owner, that no follow-up visit has been done to see if the deficiencies have been corrected, and that no suspension of permit or notice of violation has been issued! WHY NOT? I feel that the owners of this quarry are literally showing you no respect. I find this totally unacceptable. As stated in my email to Mr. Gantt, the citizens of NC and of Ashe County in particular deserve better than this, Each of you has a responsibility to all of us in North Carolina to ensure that mining standards are met ---- and even though you have been ® presented with factual information indicating a non-compliance with such standards, nothing to my knowledge has been done about the quarry's gross failure to comply. Apparently, the quarry is the "tail that is wagging the dog"!! As if matters were not bad enough, this quarry is now attempting to place an asphalt operation at this same location. An application for permit is currently in the Division of Air Quality in the Winston-Salem office. To me, this is "adding insult to injury"! I want to hear an explanation and therefore ask for an appointment with Mr. Davis and Mr. Vinson to hear why such lack of action by the State is happening. I live in Raleigh and will gladly come to your office for this meeting. I look forward to hearing from you. Thank you. Nancy Sumner !Nancy Taylor Sumner 1514 Jarvis St. Raleigh, NC 27608 919-821-3547(h) 919-306-1947 (c) nanc .t.sumner mall.com 0 Michael F. Easley, Governor William G. Moss Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimck, P.E. Director Division of Water Quality April 13, 2007 D.J. Cecile P.O. Box 2017 Boone, NC 28607 Subject: General Permit No. NCG 020000 Radford Quarries of Boone, Inc,; Glendale Springs Quarry COC NCG020708 Ashe County Dear D.J. Cecile: In accordance with your application for a discharge permit received on March 21, 2007, 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). Please take notice that this certificate of coverage is not transferable except after notice to the Wpivision of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. Please also note the requirement to have a Stonnwater Pollution Prevention Plan and to comply with the cut off concentrations listed in the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division -of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Kelly Johnson at telephone number (919) 733-5033 ext. 376. Sincerely, OREC", DY ORIGINAL_ SIGNED BY 8R TT ERADLEY R;- AIan W. Klimek, P.E. cc: Winston Salem Regional Office, Mr. George Smith Central Files Stormwater Permitting Unit Files enc: Certificate of Coverage 0 do".1f carolina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phonc (919) 733-5083 Internet: WWW.newaterauality.or¢ Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (9I9) 733-96I2 An Equal Gppor unitylAffi natA Action Emftyer - 50% Recy*416% Past Consumer Paper Customer Service 1-877.623-6748 Re: NCG 020708, Radford Quarries Subject: Re: NCG 020708, Radford Quarries From: George Smith <George.Smith@ncmai1.net> Date: Fri, 30 Mar 2007 11:58:57 -0400 To: Kelly Johnson <kelly.p.johnson@ncmail.nct> Kelly, l met with the permittees on March 2, 2007 and I recommend that the permit be issued. George George Smith NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street - Winston-Salem, NC 27107 Voice: (336) 771-4968 FAX: (336) 771-4630 On 3/30/2007 1 l :40 AM, Kelly Johnson wrote: George, We have received and NCG02 application for Radford Quarries of Boone, Inc; Glendale Springs Quarry for their crushed granite mine in Glendale Springs (Ache County). This is an expansion to an existing facility, and it drains to an UT of South Fork New River (WS-IV, VIQW). The application reports that there is no mine dewatering or process water discharge. Does the Asheville Regional Office have any concerns about issuing this permit (application attached)? If not, I will issue it in 30 days. Thanks, Kelly George Smith <George.Smith(@,NCmail.net> wSRO NC DENR r1 L� J 1 of I 3/30/2007 11:52 AM r 1 �L J Glendale Springs Quarry May 25, 2017 Inspection r 0 m 9 -1 0 Kock Da Jpper Bi Us: x.. A f.-r, � ��+ f��y R 'a-i�'�` y t �.�vy . '' yr-a���y� '• •i.�:�� _ '-- .. -i 540,- `� I F Rock Dam in Place of Old Stump 11 L• E r1 y „r rye. lit ��vw .1 OOTA.ro I R 10042 10i 771 �' k !♦ 4� l■1� YT x WR5 d _� t�•.�• y A :rr T- - L _. s 0 0 0 Erosion of Blasting Access Road r � z , 3 �'�7�`� � ter• _+s� c"� . - ,, 3elow "lH MOTA7� .FS'iii7JE re MAN 1.1 reiiTi basin Access Kc L 0 • ■ Aftlilt ildp Mance at Base of Access - � � �� � P ^ it ��~ . M '�'61��.�1I? • �- -f "' �✓ •; i 0 0 0 Area of New Pipe Installation on Glendale School Road Upper Quarry Entrance • • • Inlet of New Pipe Above Upper Quarry Entrance oner C Pqkr :Ir 0 0 0 Randall, Mike K om: Vinson, Toby nt: Tuesday, June 06, 2017 11:46 PM To: Davis, Tracy; Munger, Bridget Cc: Randall, Mike; Cole, Brad; Boyer, Janet Subject: Draft response for Mr. Corpening's 6/5 and 6/6 emails Please review and let me know your thoughts and edits on this draft email before I send to Mr. Corpening. Thanks Mr. Corpening, Thank you for your emails of 6/5 and 6/6/17. To summarize the pictures you provided in your 6/5 email: The first two photos are of the upper entrance to the quarry that show runoff coming down the stoned entrance. To the best of my memory, there is a break about 50-75' up the entrance where the flow beyond that drains back into the quarry area and/or diverts flow into two small sediment traps on either side of the entrance which were considered to be in compliance in the 5/25/17 inspection. So, we're primarily looking at runoff from the stoned driveway that falls on that section of entrance that flows to the road, in other words a very small section of stone stabilized entrance. Hence it Wpears that there may be some turbid water (i.e. colored water, not sludge which would more closely be defined as a ck mud) flowing down that entrance. Please keep in mind that turbid water in and of itself is not necessarily a violation. From other information provided by our WSRO, the work done by NCDOT that included a new pipe installation across Glendale School Road where DOT has stoned over the pipe installation but not yet paved that area appears to be contributing to the turbid water runoff down the road and into the ditches. Our staff will be in touch with NCDOT to touch base with them on the need to complete the paving over their work to prevent the scouring of the stone and potential for erosion of any soil under that stone. The third and fourth pictures are where the runoff from the DOT roadway and upper quarry entrance come together to run down the side of the road and eventually get into the roadside ditch which I don't think becomes very pronounced and into a typical ditch on the left side of the road, going downhill, until about 75'-100' below the upper entrance. This appears to be the confluence of runoff from that small section of stoned entrance, runoff from Glendale School Road and possibly some contributing flow from at least one of the sediment traps (installed best management practices, BMPs, that are installed to catch and retain sediment) that are located on either side of the upper quarry entrance. Again, from your pictures, this appear to be turbid water and not sludge. The best these measures are expected to capture by Rule is 70% of the 40 micron particle and larger. In other words, the best measures are not expected to capture and prevent all sediment from leaving construction and/or mine sites. Some silt and clay particles can runoff a site and not necessarily be considered a violation. The fifth picture is the left side of the lower entrance that is completely stoned at least 300' into the site. The sixth through ninth pictures are the right side of the lower quarry entrance, which too are stoned 300' into the site. There are possibly some issues in these areas that may need to be addressed if the earthen and stone berms along with the stoned driveways in this area are not diverting flow away from or preventing flow to the stream prior to treatment over the riveway or through a BMP. Note: again this appears to be turbid water and not sludge. It does appear from the ictures that seeding and mulching (revegetation) of recently excavated slopes is needed. The tenth picture appears to be the stream below the quarry that runs through the property below the quarry (possibly Ms. Sumner's property) on its way to the New River. This picture by itself does not allow us to make any judgement as to what may be contributed from the mine site as there are no pictures of the stream in the area upstream of the quarry. The last two or three inspection reports by the WSRO staff have not identified any offsite sediment that can be. attributed to the quarry operations. The eleventh picture appears to show the stream outlet into the new river where a small delta exists that looks like it has been there over 13 years from looking back at the aerial and or satellite photos on Google Earth. This may or may not be attributable to quarry operations. Again, the previous inspections by staff have not identified offsite sediment from the quarry so we cannot prove that it is the result of the mining activity. However, BMPs required at the quarry or any other construction site similar to the Highway 16 construction mentioned in your 6/6 email are designed to meet the 25 year design storm for mines and high quality water (HQW) areas and the 10 year design storm for all other construction in non-HQW areas both with the maximum design expectation of capturing 70% of the 40 micron particle as I mentioned previously. These measures do slow the flow volume of stormwater runoff from the disturbed operational areas versus what it would be without the measures but these measures are not required by laws or rules to be designed to reduce the total flow of water that gets into the stream and eventually to the river versus the pre - development runoff. The measures have to be non -erosive at the point of discharge but increased flow in a stream below that point of discharge result in what is commonly called incised stream banks which is a water quantity issue that causes erosion of stream banks and increases the sediment load in a stream which our laws and rules do not address in this situation. Also, visible from those aerial photos, it appears that there are erosion and runoff issues in the stream and on the property above the stream in the area of the tree farm upstream of the quarry which could be contributing further sediment into the stream and eventually into the river. This agricultural activity is exempt from the requirements of the Sedimentation Pollution Control Act so our agency does not have any authority to address possible issues contributing sediment to the stream from this area. To address the latest concerns you've shared in your 6/5 and 6/6 emails, especially in the areas around the upper and lower quarry entrances, I have asked one of our senior level Stormwater Engineers in our Central Office to accompany . our WSRO staff to perform an Industrial Stormwater inspection of the site to check for compliance with their NCG 020000 permit. That inspection should take place within the next week. I hope this information addresses your concerns and helps to clarify the capabilities and limitations of the laws and rules that our agency has to work with. Respectfully, William E. (Toby) Vinson, Jr., PE, CPM Chief of Program Operations DEMLR Tob .Vinson ncdenr. ov 919-707-9220 On May 23rd, I sent you an email. It dealt with the Radford Quarry on Glendale School Road in Glendale Springs, NC .... and the problems with stormwater run-off that have been taking place there.... FOR YEARS! Yesterday (Sunday, June 4th), around 2:30 pm. I took the pictures below .... that CLEARLY show the run-off from the quarry when it rains. And which also clearly show that seemingly essentially no effort has been undertaken to stop this run-off from reaching the creek that takes it directly to the south fork of the New River. Concerning the pictures- the first 2 (below) are taken of the upper entrance to the quarry. It is quite evident that there is a sizeable run-off of sludge from the quarry onto the side of Glendale School 46 oad (and you can see the pavement of that road at the bottom of these 2 pictures). AkhL. I, • X � -� ,1. r'. - Ala u The 2 pictures below this show the torrent of sludge running down the side of Glendale School Road from the upper entrance. C7 3 • r 1 fL J The picture below shows the run-off from the road that is located just to the left of both the lower quarry entrance and also the creek that runs through the quarry (which leads directly to the south fork of the New River). • • The next 2 pictures (below) show the run-off from the lower entrance of the quarry. As is quite obvious, there seems to be NOTHING stopping this flow of sludge from getting to the creek that leads to the river. • 7 fir• - �.�"� •... �5�-r.�i pie• b � The 2 pictures below show where the run-off from the lower entrance meets the run-off from the road just to the left of the lower entrance ... and where they both meet the creek leading to the river. U • 6 • This next -to -last picture shows the creek on the Sumner property that catches all of the run-off from the quarry, and then takes it directly to the New River. • What are the chances that the deltal" growing peninsula" pictured below (that has formed in the New River where this creek enters it) will grow because of this one rain event? (And, as I assume you know, it has so far been a fairly rainy springlsummer...with immediate predictions calling for more of the same). 0 .Y v '► k- -.. � r yr` t pow In closing, I guess I have the same thoughts and sentiment I had when I sent the last email to you. Will the N.C. DEQ do ANYTHING to EVER stop this ... or is this just going to continue ... and continue ... and continue... like has been the case during the last decade or so (which was pointed out in an email sent by Nancy Sumner to some of you about 2 years ago ... which is attached) Or put another way (as was said in my previous email, and stated by Nancy in her email): will the Radford Quarry tail just keep wagging the N.C. DEQ dog? As always, many thanks for your time and consideration. 8 Randall, Mike Srom: CORPENINGS@aol.com ent: Monday, June 05, 2017 12:50 PM To: Vinson, Toby; Randall, Mike; Zimmerman, Jay; Ventaloro, Julie Cc: Davis, Tracy; Munger, Bridget Subject: from Harry Corpening: pictures of rain run-off at Radford Quarry in Ashe County Attachments: emailfromNancySumner.pdf To: Toby Vinson, Mike Randall, Jay Zimmerman and Julie Ventalor cc: Tracy Davis and Bridget Munger From: Harry Corpening On May 23rd, I sent you an email. It dealt with the Radford Quarry on Glendale School Road in Glendale Springs, NC .... and the problems with stormwater run-off that have been taking place there .... FOR YEARS! Yesterday (Sunday, June 4th), around 2:30 pm. I took the pictures below .... that CLEARLY show the run-off from the quarry when it rains. And which also clearly show that seemingly essentially no effort has been undertaken to stop this run-off from reaching the creek that takes it directly to the south fork of the New River. Concerning the pictures: the first 2 (below) are taken of the upper entrance to the quarry. It is quite evident that there is a sizeable run-off of sludge from the quarry onto the side of Glendale School Road (and you can see the pavement of that road at the bottom of these 2 pictures). s 0 �y .f S� �.:y:.. �„h.{fir ..� f•� ���_,_' i �L rr Id Ak. !. • The picture below shows the run-off from the road that is located just to the left of Both the lower quarry entrance and also the creek that runs through the quarry (which leads directly to the south fork of the New River). • The next 2 pictures (below) show the run-off from the lower entrance of the quarry. As is quite obvious, there seems to be NOTHING stopping this flow of sludge from getting to the creek that leads to the river. 0 Vr ,,�,�lrirOrr � 11 The 2 pictures below show where the run-off from the lower entrance meets the run-off from the road just to the left of the lower entrance ... and where they both meet the creek leading to the river. • a • This next -to -last picture shows the creek on the Sumner property that catches all of the run-off from the quarry, and then takes it directly to the New River. • .7 What are the chances that the deltal" growing peninsula" pictured below (that has formed in the New River where this creek enters it) will grow because of this one rain event? (And, as I assume you know, it has so far been a fairly rainy springlsummer...with immediate predictions calling for more of the same). • • 6 In closing, I guess I have the same thoughts and sentiment I had when I sent the last email to you. Will the N.C. DEQ do ANYTHIING to EVER stop this ... or is this just going to continue —and continue ... and continue... like has been the case during the last decade or so (which was pointed out in an email sent by Nancy Sumner to some of you about 2 years ago ... which is attached) Or put another way (as was said in my previous email, and stated by Nancy in her email): will the Radford Quarry tail just keep wagging the N.C. DEQ dog? *As always, many thanks for your time and consideration. �w Energy, Mineral and Land Resources ENVIRONMENTAL, Ol1ALITV • Radford Quarries Of Boone Inc Attn: D Cecile PO Box 2071 Boone, NC 28607 December 30, 2015 PAT MCCRORY G"I "I n r DONAI_D R. VAN DFAZ VAART Subject: NPDES Storrnwater Permit Coverage Renewal COC ##NCG020708 Dear Permittee: 5rrrrltv.v TRACY DAVIS Dire' lm For coverage under NPDES General Permit NCG020000, 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 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 October 15, 2007 (or as subsequently amended.) The following information is included with your permit package: • New Certificate of Coverage • Storrnwater/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 Permit 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 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 the DEMLR Storrnwater Permitting Program at 919-707-9220. Sincerely, fin -Tracy E. Davis, P.E., C.P.M Cc: Storrnwater Permitting Files State of North Carolina I Envirunrnental Quality I linergy. Mineral and land Resnurecs 1612 Mail Service Ccmer 1 512 Nonh Salishury Street I Raleigh. NC 27699-1512 919 707 9200 T STATE OF NORTH CAROLINA is DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCCO20000 CERTIFICATE OF COVERAGE No. NCG020708 STORMWATER 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, D.J. Cecile is hereby authorized to discharge stormwater discharges from a facility located at Radford Quarries of Boone, Inc. Glendale Springs Quarry +� 162 Glendale Springs Road Glendale Springs Ashe County to receiving waters designated as an unnamed tributary of South Fork New River,.a class WS-V, HQW water in the New River Basin,'in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 1I, 1.1.I, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 13, 2007. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 131h day of April 2007. ORIGINAL. SIGNED BY ZRADUY BENNETT for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: -Y 3 '' \i`� it SA.\ s.'��;r ���� tr��,;L'v� ";,;������:— � ;�•'•'.�•• --..,! ! ``/ � i� �.•.�f. .,u -y ! -•.� ` '' G �n l• � .'i���'►c -�ti• \`1 `=:'^'1 r 1.�' �;,� I�f Vr .�G, 1•• i�Z VE; A'K` �`.;✓�'/ �=°yt'.� ' ' i CRE pia.+ f'� �T''i :g l tt'' \ j t f L• 5� Nr. ,.. J.�----wl: {ji�y~� {s L.,:. . r••. I r - :-/. ,`fL;j ` F ;� i �� _ -��a' ,tit � • � •,.���ir.... ,- � L'•„ ,L • ��� ,c• �,},'.. '+`',�;` •r.-, r,_ �: J,,� ��.;� ti j�`JS S �. ,� 1 �� I# �Z .r j\` i '�'I liiL.i..� Lr F, � '/ •i " ,'T ,�_.3f:. `� �r,{�i ar J_��r'J:'l. /r r l� _!!1Y./' �l�• ;' �.,,1' ,�'1 C. 1f7/ tlr� �✓r f :M11a ",t :_ /� i �i. 1St;, : 4- i r `�y ff v,•/ I!!, r s! h,AA and 7t li : �, , � �k ��v \L 1_1 1�"+. 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CA"�4.� �' ' i'- �ff.,lj1,\\•�,�• A';,'t-` !�e r.'i � i=�{(+��� � ��x� � Vet• ;�i�i l«'P'•- ` ..^ ��;�- � r'i+,f^}``�=�k7e!.�"�`�^wr��li.A�+i,l�f �..�.. dale Springs,; < S:� iV v! r 1' 17+,' J �, a, ' \\ y1 i y ii..•r{ j ``. 1? �, 131� f `/ 1 , - `4'� �Y� ,-`I, �r `(� rf •� �\�' `� i �•� �,. 1 (!� r �! `+rt�r--� �' - a f) 1 ' E 1 l�:�; �_�'�, -•� �� f �� �' •; •'f'��,,�r.�{�,�+-:g .�. }'} 4 ``.i r 41 f ��� ` I truer! � r'�If EJ t.Y. rt ,� �-.v � �j h� a 3r rf^•. •� I.s'f'r�'/r r \ i'��1i��� -" + ��`''t1 l ,i.�li 4 •J�l -. '� r\ J. ;T /. � .. fir+ J �L�yP,a1*1 � r; +"n rIt"''j rt'Crtm lr •� ,eS :r" •'4`"j , r' �,% _�,,,\} �•tiLy.,� �` � J C.- � f\i'' --�� e'�tJ r / .,,C,.�� ��,.�-'-I • ,•• ,!J `' r' •r.� (, '' � ��i-.�t 1 L., ti 1� .��.*4��• \'!Pry-: U^ilri` ` ` • ti_ 7 C4•�ti••j s'�,«-n -L"--, t• tr,�' �"''{., 1-� �w.r� ! •`�+.5=-_i�\ ��tir�U'?I L S�y '"]L ,1'=i".>=r•\i`1\=�! _ 1lr�:�3 1. i //��h ^ypls * �... �, •,�w,\IL. " 1 r :A _.'. •: •:•\�.' I'ti..ril,/� I �1. y:li': hi� v? r�l1r �;trr�•:.� ` :\ f �J`I��l� '�i' _ `'r �:�!;v. J,� �f S .� �: p-=�U'� � ����: ���il � �� • ti'.� �.).��;'. Radford 'n ,-//f�- ��-' ,.�.�:•_- �� t�,,, �_ •\� ._.. of Boone �J, •�°,;�.::i:; r?"'�'•'i C'mllf. Ro��' � �� w�� d f.? ,� 1 }� '_Y' �) i�' �� r �]�. ����`�1�•, �-� '1?))io`r�' 8�,>;'`�f I'- '�Z1?D` J ' 1f�' ' )• 5 at �;; _'`�''�4Y fr J .r_� C- ;� t : C•_ r / 1 V— V28z� a;1i ml f 1.I 1� � -1 1f„` PI �_ `! rl1) Ike C�i sf\�� , t r��\ / a-\�.•:�} 11 �V�'''3��r;�ti�,•�,�; ly(,it(�« �"'Y�y ;1`�1-`� /�rSA�ti;�a-`�Lb'�'_• `1..� ;. �\\F �;�,~L_ �, �� Fail.• �_wl �J I � '' �L....;r !w�'�4, I�'. �)(..�11 ,ti a•, i IA t n/ X'. `ram_\`(f ! J � 1 / ..�•' ��,// � �r/� �. (/(/�1 -� �..�-`-=fi;` ;,' �`. `:\t.:; •�\tea,, - `\.� ��;�• f '�f ��i�c ��- ac, i�� :_ -�ti- `�'•l�'��; `?�ti �'`�1.� is \� y } �. ��•��1( L�.�y��\, fl � a �:�5,�� L..r�� ��r� l!%5clx /.� ,f 11'�v t� i�, �"�� �'�"� `� Oi'il r". > a�..�•�\\I 1 •! ����{� r,`,t� � '-� ` y4!' y� llf(: � ,7 ,�',., +� ��..f: + 9� •.1 v'1 rf r.. � 1"�� � .r^1. Latitude: 36120'51" N NCG020708 Facili Longitude: 81123'52"W ' of i ar Radford Quarries County: AAeLocation Class: WS-V, HQWBoone Rrn iving Stream: UT to South Fork New River Sub -basin: 05-07-01 (New River Basin) [Nolan Not to scale AACGrDZ 0708 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY . DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE 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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters, from active and inactive mining sites, in accordance with the terms and conditions set forth herein. Coverage under this General Permit is applicable to: ♦ Stormwater point source discharges associated with mining and quarrying of non- metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance; ♦ Authorized wastewater point source discharges from mining operations; ♦ Operation of wastewater treatment systems; O ♦ Stormwater and/or wastewater point source discharges from like industrial activities deemed by The Division of Energy, Mineral, and Land Resources (DEMLR) to be similar to these operations in the process, or the discharges, or the exposure of raw materials, intermediate products, by-products, final products, or waste products. Coverage under this General Permit is not applicable to: • Borrow Pits covered by the DOT statewide stormwater permit, ♦ Peat Mining, ♦ Coal Mining, ♦ Metal Mining, ♦ Oil and Gas Extraction Operations, and ♦ Wastewater not specifically designated in this permit. The General Permit shall become effective on October 1, 2015. The General Permit shall expire at midnight on September 30, 2020. Signed this 3011, day of September, 2015. Original si ned by Tracy E. Davis Tracy E. Davis, P.E., CPM, Director Division of Energy, Mineral, and Land Resources is By the Authority of the Environmental Management Commission Permit No. NCG020000 TABLE OF CONTENTS • PART I INTRODUCTION Section A: General Permit Coverage Section B: Permitted Activities PART Il OPERATION OF A TREATMENT FACILITY PART III STORMWATER POLLUTION PREVENTION PLAN (SPPP) PART IV MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Discharges —Analytical Monitoring Requirements Section B: Stormwater Discharges — On -Site Vehicle Maintenance Monitoring Requirements Section C: Stormwater Discharges — Qualitative Monitoring Requirements Section D: Wastewater Discharges —Analytical Monitoring Requirements and Effluent Limitations Section E: BMP Conditions and Residuals Management PART V STANDARD CONDITIONS FOR NPDES GENERAL PERMITS • Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply Section B: General Conditions 1. General Permit Expiration 2. Transfers 3. When an Individual Permit May be Required 4. When an Individual Permit May be Requested i • Permit No. NCG020000 5. Signatory Requirements 6. General Permit Modification, Revocation and Reissuance, or Termination 7. Certificate of Coverage Actions 8. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce not a Defense 3. Bypassing of Stormwater Control Facilities at Mine Sites 4. Bypassing of Wastewater Treatment Facilities at Mine Sites Section D: Monitoring and Records 1. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures S. Representative Outfall 6. Records Retention . 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Nan-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9, Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART VI DEFINITIONS 0 Permit No, NCG020000 PART l — INTRODUCTION SECTION A: GENERAL PERMIT COVERAGE All persons desiring to have facilities covered by this General Permit must register with the Division of Energy, Mineral, and Land Resources (DEMLR) by the filing of a Notice of Intent (N01) and applicable fees. The NO1 shall be submitted and a certificate of coverage issued prior to any discharge of stormwater associated with industrial activity, mine dewatering wastewater, or authorized process wastewater that has a point source discharge to the surface waters of the state. This General Permit is applicable to mining and quarrying of nonmetallic minerals (except fuels) including borrow pits (that would not be covered under the statewide DOT stormwater permit) and active or inactive mines 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 at the site of such operations and stormwater runoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering wastewater from the groundwater and/or stormwater that accumulates in the mine pit_ Any owner or operator not wishing to be covered or limited by this General Permit may make application for an individual NPDES permit in accordance with NPDES procedures in 15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual permit should be made at least 180 days prior to commencement of discharge. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General Permit may request that the individual permit be revoked and coverage under this General Permit be provided. Any facility may apply for new or continued coverage under this permit until a Total Maximum Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is established. A TMDL sets a pollutant -loading limit that affects a watershed, or portion of a watershed, draining to an impaired water. For discharges to watersheds affected by a TMDL, coverage under this permit may depend on the facility demonstrating it does not have reasonable potential to violate applicable water quality standards for those pollutants as a result of discharges. If the Division determines that discharges have reasonable potential to cause water quality standard violations, the facility shall apply for an individual permit 180 days prior to the expiration date of this General Permit. Once that individual permit is effective, the facility will no longer have coverage under this General Permit. [Note the permittee must identify impaired waters (scheduled for TMDL development) and waters already subject to a TMDL in the Location Map or Site Map, as outlined in the Stormwater Pollution Prevention Plan (SPPP), Part 111. A list of approved TMDLs for the state of North Carolina can be found at h ttp: //pQrtal.ncdenr.org /web lwq I ps/mtu/tmdl.] • Parts 1-11 Page 1 of 3 Permit No. NCGO20000 • SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering, and process wastewater to the surface waters of North Carolina or a separate storm sewer system which has been treated and managed in accordance with the terms and conditions of this General Permit and the requirements of the permittee's Certificate of Coverage (COC). The permittee's COC is hereby incorporated by reference into this General Permit. Any violation of the COC is a violation of this General Permit and subject to enforcement action as provided in the General Permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The discharges allowed by this General Permit shall not cause or contribute to violations of Water Quality Standards. Discharges allowed by this permit must meet applicable wetland standards as outlined in 15A NCAC 26.0230 and .0231 and water quality certification requirements as outlined in 15A NCAC 21-1.0500. If mining activities will expand or change such that the types of discharges are affected, the permittee must first contact DEMLR's stormwater Permitting Program to determine if modifications to the COC are necessary. The permittee is also responsible for contacting DEMLR if modifications to the Mining Permit are necessary, as compliance with the Mining Permit is a stipulation of this permit. This permit does not relieve the permittee's responsibility for compliance with any other applicable federal, state or local law, rule, standard, ordinance, order or decree. Parts 1-I1 Page 2 of 3 Permit No. NCG020000 PART II —OPERATION OF A TREATMENT FACILITY Mining operations involving construction and operation of existing, new, and expanding wastewater treatment facilities for mine dewatering or process wastewater (such as saw water, wash water, etc.) shall be subject to the following operational requirements. Operation and maintenance of treatment facilities must be in accordance with the requirements in this General Permit. For the purposes of this permit no documentation other than a signed Certificate of Coverage (COC) is required to operate a treatment facility. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part V, Section C.4 and Part V, Section E.8. 3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the permittee shall take immediate corrective action, including those actions that may be required by the North Carolina Department of Environmental Quality (NC DEQ, formerly NC DENR), such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this permit shall not relieve the permittee of the responsibility for damages to surface waters of the State resulting from the operation of a treatment facility. S. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. Any groundwater quality monitoring, as deemed reasonably necessary by NC DEQ, shall be . provided. Flocculants evaluated by NC DEQ may be used if administered in accordance with maximum application doses and any other current requirements. No other chemical flocculants shall be used in the treatment facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS) information can be found on the Stormwater Permitting Program website. 8. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part IV, Section D of this permit. 1� Parts 1-1I Page 3 of 3 Permit No. NCG020000 PART III - STORMWATER POLLUTION AND PREVENTION PLAN (SPPP) The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP shall be considered public information in accordance with Part V, Standard Conditions for NPDES General Permits, Section E, Paragraph 3 of this General Permit, The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and latitude and longitude of the point(s) of stormwater discharge associated with industrial activity. The general location map (or alternatively the site map) shall identify whether each receiving water is impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established., and what the parameter(s) of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls and wastewater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs) with design capacities; and permanent impervious surfaces, such as roads or process areas that are unlikely to change frequently. The site map shall include a graphic scale indication and north arrow. In addition, the following industrial activity areas must also be identified on the site map: fueling, vehicle maintenance and repair, washing of materials or equipment. (d) A list of significant spills or leaks of pollutants that have occurred during the previous three (3) years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. If non-stormwater discharges are present the permittee shall identify the source and record whether the discharge is otherwise permitted (by rule or a different permit). The permittee shall evaluate the environmental significance of the non - Is discharges and include a summary written record with the certification. Part III Page 1 of 5 Permit No. NCG020000 The certification statement and summary written record shall be retained with the SPPP, and shall be dated and signed in accordance with the requirements found in Part V, Standard Conditions for NPDES General Permits, Section B, Paragraph S. Erosion and Sedimentation Control. The permittee shall implement the management practices and the erosion and sedimentation control measures that are included in the mining permit or erosion and sedimentation control permit issued by the Division of Energy, Mineral, and Land Resources (DEMLR). Compliance with the DEMLR issued Mining Permit is considered a requirement of this General Permit. Any deviation from the Mining Permit and/or Erosion and Sedimentation Control Permit, or amendments to the issued permit, that impacts water_guahLy shall constitute a violation of the terms and conditions of this General Permit. All erosion and sediment controls shall be inspected, and a respective written record of repairs and maintenance shall be available to DEMLR inspectors. A signed copy of the issued Mining Permit, including the approved erosion and sedimentation control measures and the reclamation plan, shall be maintained on the site at all times. Once an area is released by DEMLR in accordance with NC G.S. Chapter 74, Article 7, it shall no longer be subject to this General Permit. 3. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater and the transport of significant materials by stormwater, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater BMPs for mine excavation and disturbance areas, process areas, and any other areas associated with mining or vehicle maintenance activities. In addition, controls should be used to limit or isolate selected land disturbance and process areas and limit the amount of off -site Stormwater runon to those areas. Appropriate Best Management Practices (BMPs) should be used to divert, infiltrate, reuse or otherwise manage stormwater runoff and runon in a manner that reduces pollutants in Stormwater discharges leaving the site. Appropriate BMPs may include but are not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). (b) BMP Controls Inspection and Maintenance. BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days, unless the site is inactive. All inspections and BMP repairs shall be documented by written record. Reduced BMP Inspections for inactive mines: Dormant Site Status is available for inactive mines that have suspended all industrial activities, and if the permittee has certified to DEMLR's Stormwater Permitting Program that all portions of the site where clearing, grading, and/or excavation activities have occurred have been stabilized with vegetation. Under dormant status the permittee may conduct BMP inspections once a month. The permittee shall send written certification to the DEMLR Regional Office that the site is inactive, and the Regional Office may grant reduced BMP inspection frequency on the basis of the permittee's certification. The permitted site may be subject to an inspection for verification. The DEMLR Regional Office will provide confirmation of dormant status and expected BMP inspection . frequency in writing to the permittee. Part III Page 2 of 5 PermiC No. NCG020000 • In addition, also under dormant status but only upon a favorable site inspection by the Regional Office, the Regional Office Engineer may exempt the permittee from weekly and monthly BMP inspections in writing if stormwater structural BMPs have been removed and the Regional Office determines that structural BMPs are not necessary because of sufficient site stabilization. However, the permittee must still perform an annual inspection as part of the SPPP Annual Update outlined in 8. of this section. In either case, the permittee shall notify the Regional Office prior to resuming industrial activities at an inactive mine. A rain gauge and monitoring records are to be kept on site. BMPs shall be operated and maintained. BMPs must be cleaned out when sediment storage capacity is at 50 percent of the design sediment volume. If visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation shall be recorded with a brief explanation of measures taken to prevent future releases, as well as any measures taken to remove the sediment that has left the site. Visible sedimentation records shall be kept onsite. All other stormwater specific controls (e.g. oil/water separators) shall be inspected and qualitatively monitored (as per Part IV. C) on a semi-annual schedule. A log of all sampling data, including activities taken to implement BMPs associated with vehicle maintenance activities, shall be maintained and incorporated into the SPPP and kept onsite and available for inspection purposes. These items shall be available for the duration of the permit term and made available to the Director upon request. These data shall be sent to the Regional Office upon request. (c) Secondary Containment Requirements and Records. Secondary containment is required for: bulk sta=e aFliquid materials including petroleum products; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water prigritychemicals; and storage in any mount of hazardous substancesin order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices, which shall be secured closed with a locking mechanism. Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens, and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For the purposes of effective stormwater pollution prevention, the SPPP is intended to be broader and more comprehensive than a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC). For facilities subject to a federal SPCC Plan, any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. 4. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or the team) responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the Part III Page 3 of 5 Permit No. NCGO20000 procedures. A responsible person shall be on -site at all times during facility operations that • have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure Plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 5. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall ensure equipment used during mining activity on a site must be operated and maintained to prevent potential pollution of the surface water or groundwaters of the state. Fuels, lubricants, coolants, hydraulic fluids, or any other petroleum products shall not be discharged on the ground or into surface waters. Spent lubricants and fuels shall be disposed of properly and in accordance with applicable federal disposal regulations. Spilled fluids shall be cleaned up to the maximum extent practicable and properly disposed of to prevent entry to surface waters or groundwaters of the state. The program shall establish schedules of inspections, maintenance, and housekeeping measures for vehicle maintenance and industrial activity areas (including material storage and handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), where not already addressed under another element of the SPPP. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. Additional required training items include: used oil management, spent solvent management, and fueling procedures. The annual training shall be documented by the signature and printed or typed name of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. All aspects of the SPPP shall be reviewed and updated on an annual basis. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. The annual update shall include at a minimum: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on -site stormwater BMPs; (d) a review and comparison ofsomple analytical data to benchmark values (if applicable) over the past year, including a discussion about Tiered Response status. The permittee shall use the Division's Annual Summary Data Monitoring Report (I)MR) • Part III Page 4 of 5 Permit No. NCG020000 form, available from the Stormwater Permitting Program's website (See `Monitoring Forms' here: http://l2ortal.ncdenr.org/webilrinodes-stormwatel). (e) a comparison of the permittee's estimate or record of the pastyear's overagg dail and maximum daily wastewater flow rates with the permittee's estimate of the coming year's aVeLQae daily and maxilnUM dailywastewatertlow rates, taking into account any changes in the mine footprint or operational procedures anticipated in the coming year. For any anticipated increased wastewater discharges into receiving waters classified as HQW or ORW, the permittee shall compare the estimated increased discharge flow rates to 50 percent of the receiving water 7Q10. (See Table 8, Footnote 7.) The Director may notify the permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part V. Section B, Paragraph 5) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via Stormwater that comes in contact with any overburden that is not stabilized, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of • the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on - site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. 0 Part Ill Page 5 of 5 Permit No.'NCG020000 PART IV — MONITORING, CONTROLS, AND -LIMITATIONS FOR PERMITTED DISCHARGES is SECTION A: STORMWATER DISCHARGES -- ANALYTICAL MONITORING REQUIREMENTS Regulated industrial stormwater discharges are discharges of stormwater-only flows from mining activity areas, including (but not limited to) areas of mine excavation, other land disturbance, process areas, and vehicle maintenance. This section does not apply to wastewate, discharges from mine dewatering and process areas. Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables 1 through 3. Monitoring Exemption Analytical monitoring is not required for any basin or pond designed to contain the 25-year, 24- hour storm (see Part VI, Definitions) without discharging, and that can regain capacity to hold such an event within five (5) days' time through means other than discharge to surface waters. A basin or pond that meets this provision is considered a non -discharging stormwater control measure. All analytical monitoring shall be performed during a measurable storm event at gagh stormwater discharge outfall (00). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event for the purposes of this General Permit is a storm event that results in an actual discharge from the permitted site outfall. The time between this storm event and the previous measureable storm event must be at least 48 hours. See Definitions. Table 1 Analytical Monitoring Requirements for Stormwater Discharges from Mining Activities Discharge Characteristics Units Measurement Fre uenc 1 Sample T eZ Sample Location3 Settleable Solids ml I Semi-annual Grab SDO Total Suspended Solids m I Semi-annual Grab SDO Turbiditv4 NTU Semi-annual Grab SDO, U & D4 Total Rainfall5 inches Semi-annual -- -- • Footnotes: 1. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin sampling within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site with the SPPP. 4. Turbidity must be monitored at the stormwater discharge outfall (SDO). In addition to the SDO, the • permittee may elect to also monitor turbidity in the receiving water, directly upstream (U) and Part IV Page 1 of 12 Pages Permit No. NCG020000 downstream (D) of the stormwater discharge outfall or group of outfalls to demonstrate the discharge • has not caused a water quality standard violation of turbidity. if SDO turbidity level exceeds the benchmark, and the permittee cannot demonstrate the discharge has not caused a violation of the instream water quality standard, the Division may require the permittee to monitor turbidity up - and downstream as part of a Tier 2 or 3 response. 5. For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge or local rain gauge reading must be recorded. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. Sampling is not required outside of the facility's normal operating hours (unless the mine is inactive). A minimum of 60 days must separate Period ] and Period 2 sample dates, unless monthly monitoring has been instituted under other requirements of this permit. Table 2 Monitoring Schedule Semi-annual Monitoring Eventsl•Z Start Date (All Years)3 End Date (Ail Years) 3 Period 1 January 1 June 30 Period Z July 1 December 31 Footnotes; 1. Maintain semi-annual monitoring during permit renewal process (unless other provisions of this permit require monthly sampling). If at the expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage (COC) is issued. . 2. If no discharge occurs during the sampling period, the permittee must record "No Flow' or "No Discharge" within 30 days of the end of the sampling period in the facility's monitoring records. "No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Report (DMR) due by March 1. 3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees continuing with renewed coverage under this General Permit Year 1 begins in Period 2 on October 1, 2015, and for all permittees Year 5 - Period 2 ends on September 30, 2020. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as specified in Part V, Standard Conditions, Section E) once a year (by March 1). The permittee shall compare those results to the benchmark values in Table 3. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. Sample results that exceed benchmark values must be submitted no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). Note that Tier 1 and Tier 2 responses for turbidity benchmark exceedances ore specifically outlined below Toble 3 and differ from the Tier structure on page 4 of Part IV Part IV Page 2 of 12 Pages Permit No. NCG020000 Table 3 Benchmark Values for Stormwater Discharges Discharge Characteristics Benchmark Values Settleable Solids 0.1 ml I Total Suspended Solids (TSS) 100 mg/1 TSS ORW, H W, trout, and PNA waters 50 mg/1 Turbidity 50 NTU See below Turbidity lakes, reservoirs, salt waters 25 NTU See below Turbidity (freshwater streams, lakes, reservoirs designated as trout waters) 10 NTU (See below) The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters); 25 NTU (all lakes and reservoirs, and all salt waters); SO NTU (all other streams and surface waters). If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased as a result of the stormwater discharges. The benchmark values in Table 3 are not enforceable permit limits. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedances as outlined in this permit is a violation of permit conditions. The benchmarks are intended to reduce polluted discharges by triggering the permittee's required response actions under Tiers One, Two, and Three. See below the descriptions of Tiers One, Two, and Three response actions (Standard "Tier Three' also applies to turbidity). Tier One Response for Turbidity If the first valid sampling result required for the monitoring period is above the turbidity benchmark at any outfall, and the permittee cannot demonstrate the discharge has not caused or contributed to a Water Quality Standard violation with up- and downstream sampling results, then the permittee shall: 1. Identify and evaluate possible causes of the benchmark exceedance within one week of receiving sample results. 2. Identify and implement feasible actions to improve turbidity levels in the discharge within one month. 3. Record each instance of a Tier One response for turbidity in the SPPP. Tier Two Response for Turbidity If the first valid sampling results required from two consecutive monitoring periods (omitting periods with no discharge) are above the turbidity benchmark at any specific outfall, and the permittee cannot demonstrate the discharge has not caused or contributed to a Water Quality Standard violation with up- and downstream sampling results, then the permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Contact the DEMLR Regional Office Engineer as provided below in Tier Three. The Regional Office Engineer may direct the response actions on the part of the permittee as provided in Tier Three, including requiring the permittee to sample up- and downstream of the SDO or group of SDOs. The Regional Office may work with the permittee to designate appropriate instream sampling points and document that determination. The permittee will be considered to be obligated under the Tier Three provisions. 3. Record each instance of a Tier Two response for turbidity in the SPPP. Part IV Page 3 of 12 Pages r 1 U Permit No. NCG020000 Tier One f: The first valid sampling results required for the monitoring period are above a benchmark value for any parameter except turbidity at any outfall, Then: The permittee shall: 1. Conduct a stormwater management inspection within two weeks of receiving the sample results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern. 4. Implement the selected feasible actions within two months of the inspection. S. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedance, the inspection date, the personnel conducting the inspection, the selected feasible actions, and the date the selected feasible actions were implemented. Note: Exceedances for a different parameter separately trigger the tiered response requirements. Tier Two If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values for any specific parameter except turbidity at a specific discharge outfall, Then: The permittee shall: 1. Repeat all the required actions outlined above in Tier One. 2. Immediately institute monthly monitoring and monthly reporting for all parameters (including turbidity) at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until three consecutive sample results are below the benchmark values. 3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly monitoring report indicating "No Flow" to comply with reporting requirements. 4. Alternatively, in lieu of steps 2 and 3, the permittee may exercise the option of contacting the DEMLR Regional Office Engineer as provided below in Tier Three. The Regional Office Engineer may direct the response actions on the part of the permittee as provided in Tier Three. The permittee will be considered to be obligated under the Tier Three provisions. 5. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit COC renewal process. Tier Three If the valid sampling results required for the permit monitoring periods exceed the benchmark value for any specific parameter (including turbidity) at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Office Engineer in writing within 30 days of receipt of the fourth analytical results. DEMLR may but is not limited to: • require the permittee to revise, increase, or decrease the monitoring and reporting frequency for some or all parameters, including requiring sampling of additional or substitute parameters; • rescind coverage under the General Permit, and require that the permittee apply for an individual stormwater discharge permit; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee to continue Tier Three oblieations throueh the permit COC renewal process. Part IV Page 4 of 12 Pages Permit No. NCG020000 Failure to monitor and reportrR�permit terms may result in the Division reauirine monthly monitoring and reporting for all parameters for a specified time period. Lack of a discharge from an outfall for the monitoring period, or inability to collect a sample because of adverse weather conditions during a monitoring period will not constitute failure to monitor, as long as those conditions are reported on the monitoring period DMR and noted in the SPPP. (See Adverse Weather in Definitions.) Similarly, sampling is not required outside of the facility's normal operating hours (unless the mine is inactive). Reduced monitoring for inactive mines: Dormant Site Status is available for inactive mine sites that have suspended all industrial activities, and if the permittee has certified in writing to DEMLR's Stormwater Permitting Program that ail portions of the site with clearing, grading, and/or excavation activities have been stabilized with vegetation. Upon a favorable site inspection by the Regional Office, the Regional Office Engineer may exempt the permittee from stormwater analytical monitoring, stormwater qualitative monitoring, and wastewater monitoring. The DEMLR letter granting dormant status must be kept with the SPPP, and available for inspection within a reasonable time of the Division's request. In the event that the Division releases the permittee from continued monthly monitoring and reporting under Tier Two or Tier Three, DEMLR's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. The permittee must report all results from all valid discharge samples taken during each monitoring period. However, for purposes of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from tbe_frst sample with valid results within the monitoring period. SECTION B: STORMWATER DISCHARGES — ON -SITE VEHICLE MAINTENANCE MONITORING REQUIREMENTS Facilities that have any on -site vehicle maintenance activity that uses more than 55 gallons of new motor oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4 and in accordance with the schedule presented in Table 2 (Section A). Sampling results shall be reported as described in Part V, Section E. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalis (SDOs) that discharge stormwater runoff from vehicle maintenance areas. Table 4 Analytical Monitoring Requirements from On -Site Vehicle Maintenance Areas Discharge Characteristics Units Measurement Fre uenc 1 Sample Type2 Sample Location3 Total Suspended Solids (TSS) mg/1 Semi-annual Grab SDO Non -Polar Oil & Grease b EPA Method 1664 SGT-HEM) mg/1 Semi-annual Grab SDO Total Rainfa114 inches Semi-annual Grab New Motor Oil Usage gallons/month Semi-annual Estimate -- Footnotes: Part IV Page 5 of 12 Pages • Permit No. NCG020000 1. Measurement Frequency: Twice per year (unless other provisions of this permit require monthly sampling) during a measureable storm event (See Table 2), until either another permit is issued for this facility or until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous General Permit, the facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit or the Division. 2. Grab samples shall be collected within the first 30 minutes of discharge. Where physical separation between outfalls prevents collecting all samples within the first 30 minutes, the permittee shall begin sampling within the first 30 minutes, and shall continue until completed. 3. Sample Location: Samples shall be collected at each vehicle maintenance area stormwater discharge outfall (SDO), unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site with the SPPP. 4. For each sampled measureable storm event, an on -site or local rain gauge reading must be recorded. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified in Table 2. A minimum of 60 days must separate Period 1 and Period 2 sample dates unless monthly monitoring has been instituted under other requirements of this permit. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as required in Part V, Standard Conditions, Section E.) once a year (by March 1). The permittee shall compare those results to the benchmark values in Table S. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program. See the descriptions of the Tiers One, Two, and Three required response actions in • Section A. Sample results that exceed benchmark values must be submitted no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). • Table 5 Benchmark Values for On -Site Vehicle Maintenance Activities Discharge Characteristics Benchmark Value TSS 100 m L TSS H W, ORK Trout (Tr), and PNA waters 50 m L Non -Polar Oil and Grease by EPA Method 1664 SGT-HEM 15 mg/L The benchmark values in Table 5 are not enforceable permit limits. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedances as outlined in this permit is a violation of permit conditions. The benchmarks are intended to reduce polluted discharges by triggering the permittee's required response actions under Tiers One, Two, and Three. Failure to monitor and report per the peEmit terms may result in the Division requiring monthly monitoring and revortinF_ for all parameters for a specified time tleriod. Lack of a discharge from an outfall for the monitoring period, or inability to collect a sample because of adverse weather conditions during a monitoring period will not constitute failure to monitor vehicle maintenance area discharges, as long as those conditions are reported on the monitoring period DMR and noted in the SPPP. (See Adverse Weather in Definitions_) Similarly, sampling is not required outside of the facility's normal operating hours (unless the mine is inactive). Part IV Page 6 of 12 Pages Permit No. NCG020000 SECTION C: STORMWATER DISCHARGES — QUALITATIVE MONITORING e REQUIREMENTS The purpose of qualitative monitoring is to implement a quick and inexpensive way to evaluate the effectiveness of the permittee's SPPP and to identify the potential for new sources of stormwater pollution. Qualitative monitoring of stormwater outfalls must be performed during a measurable storm event. Qualitative monitoring requires a visual inspection of each stormwater outfall. Qualitative monitoring shall be performed as specified in Table 6, whether semi-annual or more frequently as may be required per the Qualitative Monitoring Response requirements below. Inability to monitor because of adverse weather or lack of discharge during the monitoring period must be documented in the SPPP and recorded on the Qualitative Monitoring Report (see Adverse Weather in Definitions). Similarly, monitoring is not required outside of the facility's normal operating hours (unless the mine is inactive). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions). In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the SPPP. Table 6 Qualitative Monitoring Requirements Discharge Characteristics Frequency) Monitoring Location2 Color Semi-annual SDO Odor Semi-annual SDO Clarity Semi-annual SDO Floating Solids Semi-annual SDO Suspended Solids Semi-annual SDO Foam Semi-annual SDO Oil Sheen Semi-annual SDO Deposition at or immediately below the outfall Semi-annual SDO Erosion at or immediately below the outfall Semi-annual SDO Other obvious indicators of stormwater pollution Semi-annual SDO Footnotes: 1. Monitoring Frequency: Twice per year (unless other provisions of this permit prompt other frequency) during a measureable storm event. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process. 2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status (ROS), unless ROS isgranted specifically for qualitative monitoring. A copy of any letter granting ROS shall be kept on site. DEMLR's letter granting ROS remains in effect through the subsequent reissuance of this permit and as long as the pertinent site conditions and operations remain unchanged, unless the ROS letter provides for other conditions or duration. • Part IV Page 7 of 12 Pages Permit No. NCG020000 . Representative outfall status (RDS) specifically for qualitative monitoring may be granted for some stormwater outfalls and must be documented by DEMLR. Qualitative monitoring records shall not be turned into the Division except when requested. Qualitative monitoring records shall be maintained on site as part of the SPPP. • 0 A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or that significant stormwater contamination is present, the permittee shall investigate potential causes, evaluate the feasibility of corrective actions, and implement those feasible corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, evaluation, and response actions shall be kept in the SPPP. Qualitative Monitoring Response Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying the potential for new sources of stormwater pollution, and prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if the discharge causes or contributes to a water quality standard violation, DEMLR may but is not limited to: • require that the permittee revise, increase, or decrease monitoring frequency for some or all parameters (analytical or qualitative); • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; or • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters. Part IV Page 8 of 12 Pages Permit No. NCG020000 SECTION D: WASTEWATER DISCHARGES — ANALYTICAL MONITORING REQUIREMENTS AND EFFLUENT LIMITATIONS 0 This General Permit authorizes the discharge of process wastewater associated with two distinct activities: 1) mine dewatering and 2) process wastewater associated with mining operations as described below in 1.-4. of this Section. The authorization to discharge wastewater is specifically identified on each permittee's COC. Process wastewater discharges generated by any other activity are not authorized under this permit, except allowable non-stormwater discharges permitted by 15A NCAC2H.0106(o. Mine dewatering or other wastewaters commingled with stormwater shall be considered wastewater. 1. MINEDW I WASTEWATER During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering requirements apply to all mines that dewater from pits including quarries, day brick, sand and gravel, borrow pits, and refractory mining, as well as mines with similar discharges. See Part VI (Definitions) and federal regulations in 40 CFR §436 for definitions of the terms "mine dewatering" and "mine" specific to industry sub -sectors. For Construction Sand and Gravel or Industrial Sand mines, "mine dewatering" wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage. Permittees conducting mine dewatering activities that have the potential to drain wetlands or other surface waters must have developed and implemented a Pumping Operation and Monitoring (POM) Plan approved by the Division. Approval may be coordinated with other Divisions in NC DEQ such as the Division of Water Resources. POM Plans • shall include, but are not limited to; • Groundwater monitoring strategies to demonstrate the effect of pumping. • Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands and the respective monitoring to demonstrate compliance. • The pumping regime deemed necessary to protect affected streams and wetlands. Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. At the Division's discretion, approval of the POM Plan may be required prior to coverage under this General Permit. Mine dewatering discharges to land surfaces (without the potential to discharge directly to surface waters), where no chemicals are used in the mining process, may be permitted by regulation under 15A NCAC 02T .0113(a)(16) and therefore not subject to the provisions of this permit. 2. PROCESS WASTEWATER During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge treated process wastewater from mining operations. Process wastewater from mining operations includes, but may not be limited to, the water involved in: the Slurry transport, washing, or sawing of mined material; air emissions control or processing exclusive of mining of sand, gravel, and stone washing operations; dimension stone cutting operations; and air scrubbing and dust control operations. See Part VI (Definitions) and federal regulations for definitions of the terms "process wastewater" in 40 CFR §122.2 and "process generated wastewater" specific to mining industry sub -sectors in 40 CFR §436. Treatment may involve conveyance through is erosion and sedimentation control (E&SC) structures and/or other engineered treatment systems. Part IV Page 9 of 12 Pages 0 3. CQMMINGLED STORMWATER AND WASTEWATER DISCHARGES 0 Permit No. NCG020000 If mine dewatering or authorized process wastewaters commingle with stormwater prior to discharge, sampling the combined discharge under this Section D will meet the monitoring requirements of this permit. Sampling shall be performed during the discharge; these events may or may not be associated with rainfall. Authorized process wastewater discharges !overflows) from a recycle system to surface waters are subject to the provisions, monitoring requirements, and effluent limitations in this General Permit. MONITORING FOR MINE DEWATERING AND AUTHORIZED PROCESS WASTEWATER DISCHARGES Analytical monitoring of mine dewatering and authorized process wastewater shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table B. An exceedance of any of these limitations results in a violation of the permit conditions and may be subject to enforcement action as specified in Part V, Section A.2 of this permit. In all cases, the permittee shall report the analytical results from each sample within the monitoring period (as specified in Part V, Standard Conditions, Section E) once a year (by March 1). Sample results that exceed an effluent limitation must be submitted to the Regional Office no later than 30 days from the date the facility receives the sampling results (see Part V, Section E). Table 7 Monitoring Requirements for Wastewater Discharges in Section D -1., 2., 3., and 4. Discharge Characteristics Units Measurement Fre uenc 1 Sample Type Sample Location3 Receiving Waters M2 Standard Quarterlyt Grab E All Total Suspended Solids2, 4 m /l Quarterlyl Grab E All Turbidit 2, 3 NTU Quarterlyl Grab E, U & D3 All Settleable Solids2.5 ml/1 Quarterlyl Grab E HQW, ORW, SA, SB, PNA, Tr Fecal Coliform2.6 coi ml guarterl 1 Grab E SA waters onl Daily Flow Rate? cfs Quarterlyl E All Fogtnotes: 1. The monitoring frequency is quarterly for the first year (see Table 9), and then semi-annually. Ifa sample concentration exceeds any effluent limit in Table 8, monitoring frequency (all parameters) shall return to (or remain) quarterly, until four (4) consecutive quarterly samples all meet or are below the limit for all parametersallowing the permittee to resume/reduce to semi-annual monitoring. 2. Except for mine dewatering of clay pits, a grab sample is not required for these parameters from a basin/pond designed to contain or treat mine dewatering wastewater that only discharges in response to rainfall in excess of the 10-yr, 24-hr storm. 3. Sample Location: E - Effluent, U - Upstream, D - Downstream. Turbidity must be monitored at the effluent (E). If effluent levels exceed the Water Quality Standard of the receiving water, the permittee must begin sampling turbidity directly upstream (U) and downstream (D) of the effluent outfall or group of outfalls, in addition to the effluent, upon the next monitoring period. The permittee may contact the Part IV Page 10 of 12 Pages Permit No. NCG020000 DEMLR Regional Office for assistance in determining the best instream sample points. The RO may also advise the permittee to relocate self -established instream sample points if appropriate. 4. All facilities that are mining Industrial Sand are required to monitor TSS and are subject to the TSS limits in Table 8. All other types of mines covered by this permit are also required to monitor TSS, but are not necessarily subject to the TSS limits in Table 8, unless discharge is to HQW, ORW, or PNA waters. 5. Only facilities discharging to waters classified as HQW, ORW, SA, SB, Tr, or PNA are required to monitor for settleable solids. 6. Only facilities discharging to waters classified as SA waters are required to monitor for fecal coliform. 7. Daily flow rate shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate the daily flow rate. Table 8 Effluent Limitations For Wastewater Discharges Discharge Characteristics Effluent Limitations Monthly Average I Daily Maximuml Total Suspended Solids2 25 mg/1 45 m I Total Suspended Solids2, 3 (HQW, ORW 20 mg/1 30 m I Total Suspended Solids2, 3 (HQW/ORW Trout, PNA waters 10 mgZI 15 m I H Ran e4 freshwaters -------- 6.0 -- 9.0 H Ran e4 saltwaters -------- 63 — 8.5 Turbidit 5 -------- N/A See Below Settleable Solids (HQW, ORW, SA, SB, PNA, & all Tr waters 0.1 m I 0.2 mill Daily Flow Rate H W ORW 6 I -------- 50% of 7 106 Footnotes: 1. Note that for a semi-annual or quarterly sampling schedule, the sample result counts as both the Daily Maximum and Monthly Average value. More frequent samples may be conducted to calculate averages but must all be reported to NC DEQ. 2. Limits applicable to Industrial Sand mines. More stringent water quality -based TSS limits apply to all mines that discharge to High Quality Waters (HQW), including HQWs and ORWs that are trout waters (Tr), and Primary Nursery Area (PNA) waters (See 3.). 3, Monthly Average and Daily Maximum TSS Limits apply to all discharges (regardless of mine type) to waters designated as HQW, ORW, HQW/ORW Tr, and PNA. 4. Designated swamp waters can have a pH as low as 4.3 because of natural conditions. In such cases, Federal Effluent Guidelines (40 CFR §436) allow the lower range of the pH limitations to be adjusted downward to no lower than 5.0. The permittee must sample instream to demonstrate a lower limit is appropriate. 5. No limit in the effluent discharge applies, but turbidity in the receiving waters shall not exceed levels described below as a result of wastewater discharges. 6. The total daily flow rate of wastewater for all discharges combined (that discharge to the same receiving waters) shall not exceed 50 percent of the total in -stream flow rate of the receiving waters under 7Q10 conditions in HQW/ORW waters, including HQW/ORW trout and PNA waters. The discharge shall not cause the turbidity of the receiving water to exceed Water Quality Standards: 10 NTU (freshwater streams, lakes, and reservoirs designated as trout waters); 25 NTU (all lakes and reservoirs, and all salt waters); 50 NTU (all other streams and surface waters). Part IV Page 11 of 12 Pages • • Permit No. NCG020000 e This General Permit requires the measurement of turbidity in the permittee's discharge, but does not impose a turbidity effluent limit. If turbidity of the receiving stream exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If the turbidity in -stream exceeds these levels as a result of wastewater discharges, this water quality standard violation subjects the permittee to possible compliance and enforcement action. The permittee shall complete the analytical samplings of wastewater discharges in accordance with the schedule specified in Table 9. Table 9 MonitorinR Schedule Quarterly Monitoring Eventsi,z Semi -Annual Monitoring Events1.2 Start Date (All Years)3 End Date (All Years) 3 Period 1 Period 1 January1 March 31 Period 2 Aril 1 June 30 Period 3 Period 2 July 1 September 30 Period 4 October 1 December 31 El Footnotes: 1, Maintain quarterly (or semi-annual) monitoring during permit renewal. If at the expiration of the General Permit, the permittee has submitted an application for renewal of coverage before the submittal deadline, the permittee will be considered for renewed coverage. The applicant must continue monitoring until the renewed Certificate of Coverage (COC) is issued. 2. If no discharge occurs during the sampling period, the permittee must record "No Flow" or "No Discharge" within 30 days of the end of the sampling period in the facility's monitoring records. "No Flow" or "No Discharge" shall be reported on the Annual Summary Discharge Monitoring Report (I)MR). This DMR is to be submitted to the Division of Water Resource's Central Files at the DWR Central Office by March 1 of each year (in accordance with Part V, Section E). 3. Monitoring periods remain constant throughout the five-year term of the General Permit. For permittees continuing with renewed coverage under this General Permit, Year 1 begins in Period 4 on October 1, 2015, and for all permittees Year S - Period 4 ends on September 30, 2020. Failure n permit may resultiv' monthly monitoring and reporting for all parameters for a specified time period. SECTION E: BMP CONDITIONS AND RESIDUALS MANAGEMENT 1. BMPs FOR BLASTING AND FLOCCULANTS The permittee shall utilize best management practices (BMPs) to ensure that contaminants do not enter the surface waters as a result of blasting at the site. Flocculants evaluated by the Division may be used if administered in accordance with maximum application doses and any other current requirements. 2. RESIDUALS MANAGEMENT The residuals generated from treatment facilities used to meet the effluent limitations must be disposed of in accordance with applicable standards and in a manner such as to prevent any pollutants from such materials from entering waters of the state or navigable waters of the United States. Part IV Page 12 of 12 Pages Permit No. NCG020000 PART V — STANDARD CONDITIONS FOR NPDES GENERAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 6 months of the effective date of the Certificate of Coverage and updated thereafter on an annual basis. Secondary containment, as specified in Part I II of this General Permit, shall be accomplished within 12 months of the effective date of the issuance of the Certificate of Coverage. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shail be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part III of this General Permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal under this General Permit: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of the Certificate of Coverage. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this General Permit and updated thereafter on an annual basis. Secondary containment, as specified in Part Ili of this General Permit shall be accomplished prior to the beginning of discharges from the operation of the industrial activity. 2. DAY to Comply The permittee must comply with all conditions of this General Permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122,411, a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the General Permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be • Part V Pagel of 11 Permit No. NCG020000 subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)). d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class 1 violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class Ii violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 1 Uty to Mitigate . The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this General Permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. A. Civil and Criminal Liability Except as provided in Part V, Section C of this General Permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCG5143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Qil and Hazardous Substange Li b�ility_ Nothing in this General Permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. property Rights The issuance of this General Permit does not convey any property rights in either real or personal ® property, or any exclusive privileges, nor does it authorize any injury to private property or any Parr V Page 2 of 11 Permit No. NCG020000 invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 0 Severability The provisions of this General Permit are severable, and if any provision of this General Permit, or the application of any provision of this General Permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this General Permit, shall not be affected thereby [NCGS 15013-231. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the General Permit issued pursuant to this General Permit or to determine compliance with this General Permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this General Permit [40 CFR 122.41(h)]. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this General Permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports • The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this General Permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a Fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This General Permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply Dischargers covered by this General Permit need not submit a new Notice of Intent (N01) or renewal request unless so directed by the Division. If the Division chooses not to renew this General Permit, the permittee will be notified to submit an application for an individual permit [15A NCAC 02H .0127(e)]. SECTION B: GENERAL CONDITIONS General Permit Expiration ' General permits will be effective For a term not to exceed five years, at the end of which the Division may renew them after all public notice requirements have been satisfied. If a general permit is renewed, existing permittees do not need to submit a renewal request or pay a renewal fee unless directed by the Division. New applicants seeking coverage under a renewed general permit must submit a Notice of Intent (NOI) to be covered and obtain a Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)]. • Part V Page 3 of 11 Permit No. NCG020000 2. Transfers This General Permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the Certificate of Coverage, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CPR 122.41(1)(3), 122.61] or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. 3. When an Individual Permit May be Required The Director may require any owner/operator authorized to discharge under a certificate of coverage issued pursuant to this General Permit to apply for and obtain an individual permit or an alternative general permit. Any interested person may petition the Director to take action under this paragraph. Cases where an individual permit may be required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change, altering the constituents and/or characteristics of the discharge such that the discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this General Permit; d. A change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source; e. Effluent limitations are promulgated for the point sources covered by this General Permit; f. A water quality management plan containing requirements applicable to such point sources ® is approved after the issuance of this General Permit; g. The Director determines at his or her own discretion that an individual permit is required. 4. When an Individual Permit May by a Requested Any permittee operating under this General Permit may request to be excluded from the coverage of this General Permit by applying for an individual permit. When an individual permit is issued to an owner/operator the applicability of this General Permit is automatically terminated on the effective date of the individual permit. 5. Sign_ atory Requirements All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All Notices of Intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate • procedures. Part V Page 4 of 11 Permit No, NCG020000 (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the General Permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.221. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any.reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), shall make the following certification (40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: is Y certi,5; under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygother and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I um aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." e. Electronic Reports, The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. 6. General Permit Modification. Revocation and Reissuance. or Termination The issuance of this General Permit does not prohibit the Permit Issuing Authority from reopening and modifying the General Permit, revoking and reissuing the General Permit, or terminating the General Permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al. i Part V Page 5 of 11 Permit No. NCG020000 • After public notice and opportunity for a hearing, the General Permit may be terminated for cause. The filing of a request for a General Permit modification, revocation and reissuance, or termination does not stay any General Permit condition. The Certificate of Coverage shall expire when the General Permit is terminated. Certificate of Coverage Actions Coverage under the General Permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any General Permit condition [40 CFR 122.41(f)]. B. Annual Administering and Compliance Monitoring Fee Requirements The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage under the General Permit. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this General Permit [40 CFR 122.41(c)]. 3. Bypassing of Stormwater Control Facilities at Mine Sites Covered by NCGO20000 Bypass is prohibited, and the Permit Issuing Authority may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equi pment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. The permittee submitted notices as required under Part V, Section E of this General Permit. If the Permit Issuing Authority determines that it will meet the three conditions listed above, the Permit Issuing Authority may approve an anticipated bypass after considering its adverse effects. 4. Bypassing of Wastewater Treatment Facilities at Mine Sites Covered by NCGO20000 a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. • b. Notice [40 CFR 122.41(m)(3)] Part V Page 6 of 11 Permit No. NCG020000 (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,,if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part V, Section E of this General Permit c. Prohibition of Bypass (1) Bypass from the wastewater treatment facility is prohibited, and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this General Permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. Recor in suits For each measurement or sample taken pursuant to the requirements of this General Permit, the permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individuals) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 3. Elow Mgasjjrements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Vest Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations Part V Page 7 of 11 • Permit No. NCG020000 published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this General Permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below the General Permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Rgnrese tive Qutfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on -site or be available electronically to a DEMLR inspector upon request. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, o copies of all reports required by this General Permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions. o copies of all data used to complete the Notice of Intent to be covered by this General Permit. These records or copies shall be maintained for a period of at least S years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this General Permit, b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit, and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. Part V Page 8 of 11 Permit No. NCG020000 SECTION E: REPORTING REQUIREMENTS Discharge Monitoring Reports Samples analyzed in accordance with the terms of this General Permit shall be recorded on Discharge Monitoring Report (DM R) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). Annual Summary DMRs shall be delivered to the Division (Central Office) no later than March 1 of each year (See 2. of this section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to the Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. DMR forms are available on the Division's website (http://12orta1.ncdenr.orgjweb/Ir/n12des-stormwater). Regardless ofthe submission method (paper or electronic), submittals shall be delivered to the Division, or appropriate authority, according to the provisions above. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General Permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DEMLR's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of the Annual Summary Discharge Monitoring Report (DMR) shall be submitted no later than March 1 of each year to DWR Central Files (M DEMLR): Central Files Division of Water Resources (DWR) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If wastewater monitoring results indicate a wastewater effluent limit violation, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. If stormwater monitoring results indicate a stormwater benchmark value exceedance or the facility is in Tier 2 monitoring, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfail parameters shall be monitored and reported for any monitoring period that the facility is following a Tier 2 response. Addresses for each RO and the counties covered by each RO can be found here: s Part V Page 9 of 11 Permit No. NCG020000 • http:llportal.ncdenr.or T webl ug est/regional-offices. The permittee shall retain the completed originals on site. Visual (Qualitative) monitoring results should not be submitted to the Division unless specifically requested. Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the website of the Division's Stormwater Permitting Program: htti2: f /nortal.ncdenr.orglweb/lrinpdes-stormwater The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 30B of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.6E or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122,41(1)l. This notification requirement includes pollutants which are not specifically listed in the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the General Permit [40 CFR 122.41(1)(2)]. 7. "i 1 The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part VI of this General Permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Bypass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of . an unanticipated bypass. Part V Page 10 of 11 Permit No. NCG020000 9. Twenty-four Hour -Reporting • a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)1. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. 0 then,,. Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submitsuch facts or information [40 CFR 122.41(1)(8)]. • Part V Page 11 of 11 Permit No. NCG020000 0 PART VI DEFINITIONS Additional definitions for the NPDES Program maybe found in federal rule at40 CFR Part 122.2 and in the effluent limitation guidelines for the Mineral Mining and Processing Point Source Category at 40 CFR Part 436. 1. Act See Clean Water Act. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Non-Stormwater Discharges This General Permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, irrigation waters, Flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye • wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPs) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http://cfnub.epa,gov/npdes/stormwaterImenuofbmps/index.cfm. 5. Bypass A bypass is the known diversion of stormwater from any portion of a control facility including the collection system, or the diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk StoUape Qf Ligll1d Materials Liquid raw materials, in -process liquids and reactants, manufactured products, waste materials or by-products contained in a single above ground container, tank, or vessel having a capacity of greater than 660 gallons or contained in multiple above ground containers, tanks, or vessels located in close proximity to each other having a total combined capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under the general permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Part VI Page 1 of 5 Permit No. NCG020000 9. Division -or D_EMLR 0 The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality (DEQ), formerly the Department of Environment and Natural Resources. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority, 11. EM The North Carolina Environmental Management Commission. 12. Grah Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) should be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measurgable StorM A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 48 hours prior (applies specifically to this NCG020000 General Permit). The 48-hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Mine Dewatering See Code of Federal Regulations for definition applicable to specific mineral mining subcategories in 40 CFR Part 436. The term "mine dewatering" (wastewater) means any water that is impounded or that collects in the mine and is pumped, drained, or otherwise removed from the mine through the efforts of the mine operator. For the Construction Sand and Gravel Subcategory and Industrial Sand Subcategory, "mine dewatering" also includes wetpit overflows caused solely by direct rainfall and groundwater seepage. In this context, and also from 40 CFR Part 436, the term "mine" means an area of land, surface or underground, actively mined for the production of either crushed and broken stone (Crushed Stone Subcategory), sand and gravel (Construction Sand and Gravel, industrial Sand Subcategories), or other mine product, from natural deposits. 17. Municipal Separate,Sto[m Sewer System (M541 A stormwater collection system within an incorporated area of local self-government such as a city or town. 18. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products. DEMLR may grant a No Exposure Exclusion from NPDES stormwater permitting Part VI Page 2 of 5 Permit No. NCGO2O000 • requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 19. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a general permit. 20. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 21. Permittee The owner or operator issued a Certificate of Coverage pursuant to this General Permit. 22. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but notspecifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 23. Process Generated Wastewater See Code of Federal Regulations for definition applicable to specific mineral mining subcategories in 40 CFR Part 436. 24. Process Wastewater Any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product See Code of Federal Regulations in 40 CFR Part 122.2. 25. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the DEMLR may grant representative outfall status. Representative outfall status (ROS) allows the permittee to perform analytical monitoring at a reduced number of outfalls. 26. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 27. Section 31 Wat r Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above thresholdlevels at a facility subject to SARA title 111, Section 313 reporting requirements; and d. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR Part 122 on Table lI (organic priority pollutants), Table III [certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); H. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 28. Severe Property Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be Part V1 Page 3 of 5 Permit No. NCG020000 expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 29. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title ll] of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges, 30. Significant Spill: Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4), 31. StormwatLer Discharge Outfall (SDO) The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 32. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 33. The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 34. A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 35. Total Maximum Daily Lo (TMDQ TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant A list of approved TMDLs for the state of North Carolina can be found at hUI2:1/pQrtal.ngdenr.org/weh/wil/ps/mtuftmdl. 36. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 37. Vehicle Mainignance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. X Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. • Part V1 Page 4 of 5 • 0 Permit No. NCG020000 39. 10-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 10 years. 40. 25-year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Part VI Page 5 of 5