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NCG020727_COMPLETE FILE - HISTORICAL_20140609
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V b �a DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ o o f YYYYMMDD NCDENR NO TH C.FOLIM. DCP. MCNT Or C_N.'w Iwo N.—AG. .CE5 Division of Energy, Mineral & Land Resources Land Quality Section/Stormwater Permitting National Pollutant Discharge Elimination System PERMIT NAME/OWNERSHIP CHANGE FORM FOR AGENCY USE ONLY Date Received Year I Month I Day I. Please enter the permit number for which the change is requested. NPDES Permit (or) Certificate of Coverage N G S q N C G 0 2 0 7 2 7 H. Permit status prior to requested change. a. Permit issued to (company name): Bear Garden, Inc. b. Person legally responsible for permit: Phillip _ Harrington First Nil Last JUN 0 9 2014 i c. Facility name (discharge): d. Facility address: e. Facility contact person: President Title 760 Pitts Chapel Road Permit I [older Mailing Address Elizabeth City NC 27909 City State Zip (252) 335-4520 ( ) Phone Fax Pitts Chapel Mine 760 Pitts Chapel Road Address Elizabeth City NC 27909 City State Zip David Harrington (252) 335-4520 First / MI / Last Phone III. Please provide the following for the requested change (revised permit). a. Request for change is a result of: ❑ Change in ownership of the facility ❑ Name change of the facility or owner If other please explain: b. Permit issued to (company name): c. Pers'64-legally responsible for permit: d. Facility name (discharge): e. Facility address: f. Facility contact person: First MI last 'title Permit Holder Mailing Address City Statc Zip ( ) Phone E-mail Address Address City State Zip First Ml Last ( ) Phone E-mail Address IV, Permit contact information (if different from the person legally responsible for the permit) Revised Jan. 27, 2014 r �4PDES PERMIT NAME/OWNERSHIP CHANGE FORM Page 2 of 2 Permit contact: Ken Elliott First M 1 Last Consultant Title PO Box 112 Mailing Address Aydlett NC _ _27916 City - State Zip (252) 339-9021 ken rr kenobx.com Phone E-mail Address V Will the permitted facility continue to conduct the same industrial activities conducted prior to this ownership or name change? ® Yes ❑ No (please explain) VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE INCOMPLETE OR MISSING: ❑ This completed application is required for both name change and/or ownership change requests. ❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is required for an ownership change request. Articles of incorporation are not sufficient for an ownership change. The certifications below must be completed and signed by both the permit holder prior to the change, and the new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification is sufficient. PERMITTEE CERTIFICATION (Permit holder prior to ownership change): I, Ken Elliott, attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. 4 Signature - APPLICANT CERTIFICATION May 21, 2014 Date I, , attest that this application for a name/ownership change has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information is not included, this application package will be returned as incomplete. Signature Date PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO: Division of Energy, Mineral and Land Resources Stormwater Permitting Program 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Revised Jan. 27. 2014 NCG020727 Follow-up questions Subject: NCG020727 Follow-up questions From: Jennifer Jones <Jennifer.Jones@ncmail.net> Date: Fri, 20 Jun 2008 12:19:41 -0400 To: Kim Hamby <kim@hymanrobey.com> CC: Jeff Manning <Jeff.A.Mammng@ncmail.net>, "Jennifer. Jones@ncmai1.net" <Jennifer.Jones@ncmai1.net> Hi Kim, Thank you again for the delineation. I was doing a final review of your permit application and I just had a few more questions. I wanted to be sure I addressed all the potential questions anyone might ask about your permit application. All of this information can be emailed to me. I . What is the max. dewatering rate that you plan for this site? 2. What kind of information do you have, or have calculations that show you will meet effluent limits? Please provide your calculations for these including sediment pond size and settling time equations. 3. Outfalls: a) How many outfalls do you have? Because there are so many existing ditches it appears you could have as many as 9 outfalls. Please describe how many you have (and number) and describe whal runoff and/or wastewater will be coming fi-om each ou(all. b) Please provide a map showing numbered outfalls. You can email me a pdf of your site map with numbered outfalls if you have one. 4. What is the volume/rate will you be spraying sand piles to control dust and what is the amount of anticipated runoff from this? 5. There are no topolines on your site map. a) Are there any or is it completely flat? If there are any please provide. You can combine this with the map in #3 above if you choose to. 6. Is there a berm around the road? Where is the runoff from the road being directed? Some appears to be draining out to existing ditches. 7. What is your sediment clean -out schedule? Please provide for the pond and the check dam. How and how often will the check dam be cleaned out? I assume you already have the answers to most, if not all of these questions from your DLR application. Please provide these answers in 2 weeks - by Monday July 7th. If you have any other questions or concerns please let me know as soon as possible. Thank you, Jennifer Jones 1 of 2 6/20/2008 12:21 PM NCG020727 Follow-up questions Jennifer Jones Environmental Engineer NCDENR I DWQ � Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 733-5083 ext. 591 Fax: (919) 733-9612 Email: jennifer.jones@ncmail.net Website: hLLo://h2o.enr.state.nc.us/su/stormwater.html 2 of 2 6/20/2008 12:21 1'M fV�C7oaa71�� Notes on Pitts Chapel Mine: June 18, 2008 1. We asked for US Army Corps of Engineers Delineation - received. Does not appear to have wetlands on site or other surface waters. Needs CAMA 2. Has DLR Mine Permit: 70-32. 1 have copy of DLR approval letter 3. New Begun River is not on TMDL list as of now. Pasquotank River is on 303d list for low pH, but it is not draining to and 1.73 miles away. Questions: A: Do they need an ATC? Have mine dewatering,but they are mining sand so it does not appear that they do. A) 0 - - -2: Look at outfalls with BG - see dewatering outf all and think I see SW- � ,,3? Having trouble with mine IBEAM server ,A' What is closed -loop recycle?._ , ,,5: Do they have wastewater? What is considered WW besides mine dewatering water? Does not appear they have process WW... - §�-They state in their DLR application that they will control dust for stockpiles, haul roads, etc. with "tank truck with spray when needed". Does this constitute process wastewater? Do they need to have a schedule of when they will dredge the sediment ° pond. Are they even officially -required to have a sediment pond. 8. Do they need a state SW permit? Have E&SC and in 20_Coasta! Counties_ i)6— rldlst(a -Z iF56 ka A4, 4, � p'iau, 6 eKAttr "A 9. How do i know if its in SA waters?? in G!S? �e5' i tp NCG02 (Mining) Requirements Permit pp ica . tion Monitor ing A to'C I Site Plan DLR Permit Prove No Wetland yes no yes no yes no yes I no yes no Stormwater Only Sand Pits x x I x* 1+ acrel <1acrel x Wastewater: Mine Dewatering Sand Pits x x x 1+acre I <1acre I x Wastewater: Process Sand/Gravel x x x 1+acre I <1acre I x Closed Loop Recycle x x x x Other Recycle x x x x " will change when permit is renewed, 121311U9 ** Ask Regional office whether or not wetlands will be impacted. If near wetlands, they may require more info from applicant (elipse equation). 15A NCAC 02B .0231(b)(5)(f) requires the Division to preserve the water levels of wetlands. We can require engineering plans to ensure that this is the case. l V IfiJ 4} WKA pow 'tD -- besrr�+�-e� Ploy LAA- Notes on Pitts Chapel Mine: June 18, 2008 1. We asked for US Army Corps of Engineers Delineation - received. Does not appear to have wetlands on site or other surface waters. Needs CAMA 2. Has DLR Mine Permie`70-32 I have copy of DLR approval letter 3. New Begun River is not=on TMDL list as of now. Pasquotank River is one 303d list for low pH, but it is not draining to and 1.73 miles away. Questions: ��'�l k� 1"`' `'` '�`--�''Z 1. Do they need an ATC? " Have mine dewatering but they are mining sand so it does not appear that they do. 2. Look at outfalls with BG - see dewatering outfall and think I see SW- 3. Having trouble with mine IBEAM server` 4. What is closed -loop recycle?� 5. Do they have wastewater? What is considered WW besides mine dewatering water? Does not appear they have process WW... 6. They state in their DLR application that they will control dust for stockpiles, haul roads, etc. with "tank truck with spray when need d" o� p Does this constitute process wastewater? -f r0bA .f i'�1.Gi dpy. al �G 7. Do they need to have a schedule of when they will dredge the ediment— pond? Are they even officially required to have a sediment pond? .�`.f�,�,�" 8. . Do they need a state SW permit? Have E SC and in 20 Coastal p '���`'� Y Counties... AD P IL -� PA` vi,^°] 15 v\b S LA �J � cj- �'Ot 0 9. Now do I know if its in SA waters?? In GIS? - NCG02 (Mining) Requirements Permit': PP ica . tion Monitor ing A to C Site Plan DLR Permit Prove No Wetland yes no yes no yes no yes no yes no Stormwater Only Sand Pits x x x* 1+acre <1acre x Wastewater: Mine Dewatering Sand Pits x I x I x I I 1-acrej <1acrej x Wastewater: Process Sand/Gravel x x x 1+acre <1acre x Closed Loop Recycle x x x x Other Recycle x x x x x vviu change when permit is renewea, 12/31/09 ** Ask Regional office whether or not wetlands will be impacted. If near wetlands, they may require more info from applicant (elipse equation). 15A NCAC 02B .0231(b)(5)(f) requires the Division to preserve the water levels of wetlands. We can require engineering plans to ensure that this is the case. Division Contact Information: Central Office: N. C. Division of Water Quality Stormwater Permitting Unit 1617 Mall Service Center Raleigh. NC 27699-1617 Telephone: (919) 733.5083 Fax: (919) 733.9612 Email: stormwater@ncmail.net Web Address: h2o.enr.state. nc.uslsulstormwater html Regional Office Contact Numbers: Asheville (828) 296-4500 Fayetteville (910) 486.1541 Mooresville (704) 663-1699 Raleigh (919) 571-4700 Washington (252) 946.6481 Wilmington (910) 395-3900 Winston-Salem (336) 771-4600 January 2005 rev. 119108 Key Permit Requirements: Sformwater: • Develop and implement the stormwater BMPs for the site (Part 111, Section A, NCG020000). • Perform inspections of BMPs for land disturbance activities every seven calendar days and within 24-hours of a storm event (Part 111, Section A, NCG020000). • Perform inspections and qualitative monitoring of all other stormwater controls semi- annually. • Perform annual analytical monitoring for stormwater discharges (Part 111, Section a, NCG020000). • Provide secondary containment around all bulk storage tanks. For existing but newly permitted facilities, within 12 months of issue date (Part !l, Section A 6, NCG020000) • Provide for appropriate operation and maintenance of BMPs as necessary to comply with permit requirements Including Part III, Section A provisions of the general permit. Wastewater: • Obtain Authorization to Construct(A to C) permit for new or expanding treatment facilities as indicated in table below in accordance with NCAC_ 2H .0140. Submit a certificate of completion prior to operation. • Provide plans and specifications prepared by a professional engineer or qualified staff for each A to C request. • Perform operation and maintenance requirements for existing process treatment facilities in accordance 'With Part II, Section B, General Permit. • Perform quarterly analytical monitoring for wastewater discharges as indicated in table below (see also Part 111, Section C, NCG020000). • Assure that dewatering activities do not affect surrounding wetlands and hydrology (see Part 11 Section C,,NCG020000). +(t Summary of Wastewater Permit Re uirements Mine Dewalerin2 Monilorinq A to C Yes No Yes No Quarries. Sand Pits Clay Pits Process Wastewater Sand/Gravel Closed Loop Recycle Other Recycle '64 Major Changes 1n the Reissued Permit (1/19/05) • Language has been added to note that where Total Maximum Daily Loads (TMDLs) are implemented, sites covered by this permit must demonstrate that their dlschar es will not violate the conditions of the TMDL for the parameters of concern. (Part 1 PO Section A) • Language has been added to clarify that water quality and wetland standards apply to discharges covered under the permit. • Qualitative monitoring requirements have been amended to 'include checks for deposition and erosion at or below outfalls. a • Wastewater monitoring requirements have b en modified to reguirp, fecal coliform monitoring for mine dewatering disc arge to SA waters (Table 6) and to set appropriate v TSS effluent limits for discharges to HQW waters (Table 9) NCG020000 Technical Bulletin Specific General Permit Questions and Answers: Q What If l Sell My Business Or Q How Do I Renew My General Permit Coverage When The Permit Is Set To Expire ? The Name . of My Business Changes? A In order 10 assure continued coverage under the permit you must submit the required A The Division views changes of forms and fees as are required by the agency no later than 180 days prior to the expiration name or ownership as a modification date of permit coverage. If you do not request renewal in a timely manner you may be that requires the Director's approval subject to enforcement procedures. and reissuance of the permit. Name and ownership changes require you Q When Do I Require A Professlonal Engineer Sign- off On My New or Expanded to complete a Name/Ownership Treatment Facility? Change Form from the Division and mail it back to us at the address A The plans and specifications requirement holds for all construction of new or expanding below along with all required treatment facilities except those that are designed, constructed and put into operation by iniarmafion. employees internal to the company and who are qualified to perform such work for their Q respective companies in accordance with General Statues, 89C-25, paragraph 7. How Do Cut-otf Concentrations for Stormwater Work? Q How Do I Obtain Representative Outfall Status For My Stormwater Discharges? A The cut -oft concentrations are used A Representative outfall status may be granted for facilities with multiple stormwater outfalls to compare against the average that are substantially identical. You will need to evaluate drainage area characteristics for analytical monitoring data for stormwater discharges. When the each oudall to assure that the outfalls selected have similar activities and materials exposed monitoring data are below the to stormwater as those outfallsaverage they are representative of, cut-off concentrations, monitoring can You may petition the Director of the Division of Water Quality to grant representative outfall be suspended at that outiall for that parameter until the last year of the status for your outiall(s). The following additional information must also be provided: permit term. The inclusion of 'cut-offs' • A drainage map identifying the drainage areas for each outfall including the size, percent allow facilities with low pollutant levels impervious, flow direction, buildings, BMPs, process areas and storage areas. to reduce monitoring efforts. • A written description of all industrial activity which has the potential to be exposed to stormwater runoff in each drainage area and a prediction of the pollutants that may be contained in the runoff. Key Terms In The Permit: If the Division approves representative outfall status then you will only have to monitor those "represent" Mine Dewalering — includes any water stormwater outialls that your stormwater discharge and not all o1 your outfalls. that is impounded in, or that collects Please note that Qualitative Monitoring must be conducted for all stormwater outfalls. in, the mine and is pumped, drained Representative outfall status cannot be granted for wastewater discharges. or otherwise removed from the mine through the efforts of the mine Q operator. However, if a mine is also What Happens When I Pull Samples For My Annual Analytical Monitoring And I'm used for treatment of process waste Unable To Get A Sample For One Of The Parameters? water, discharges of commingled water from the facilities shall be A Sample for the missing parameter during another representative storm event. Just be deemed discharges of process sure to note the total rainfall event and total flow apart from the initial monitoring data. wastewater. Q Does A Certified Lab Need To Analyze stormwater Samples? Process Wastewater — includes anywastewater used in the slurry [Note — below revised Jan, 9, 2G08] transport, washing, sawing of mined A A North Carolina certified lab must be used to perform analytical monitoring of any material, air emissions control or processing exclusive of mining. This wastewater discharges. Note that pH values should be measured in the field within 15 water shall also include any other minutes because pH may change considerably during transit to a laboratory, pH is subject to water which becomes commingled, the field certification requirements in T15A NCAC 2H .0800. You must adequately train with such wastewater in a pit, pond. personnel and obtain/maintain certification or use a laboratory certified to measure field lagoon, mine or other treatment parameters. Certification information and a list of certified labs can be found online at: facility for such wastewater. htt ://h2 .enr.state.nc.us/lab/cert.htm Treatment Facilities — includes any Any monitoring under all NPDES permits (including stormwater samples) must be pit, pond, lagoon, basin, mine or conducted in accordance to test procedures approved under federal regulations in 40 CFR containment structure used to treat or §136. All labs certified by North Carolina perform analysis in accordance with those contain process wastewater procedures. So, while facilities that are not considered Water Pollutidn Control Systems generated on mine sites. ' These under T15A NCAC 8G .0306 do not need to meet certification requirements, any data facilities are required to be used to meet Effluent Limitations and are not gathered under an NPDES permit must conform to federal requirements. This includes measuring pH properly within the 15-minute hold time. Using a North Carolina certified lab is stormwater Best Management often the easiest way to ensure compliance with NPDES Program requirements. Practices (BMP's). Page 2 44 Permit, With Wastewater Considerations V Permits with wastewater: Mining (NCG 020000) and Ready Mix (NCG140000) permits cony have wastewater components (but not necessarily, see the technical requirements section for each permit). 2) SA and WS Waters: a. Notify the following people at the same time as contacting the region. i. SA (shellfish) Waters: Shellfish Sanitation (See Table 6 for a list of contacts) ii. WS (water supply) Waters: DEH (See Table 5 for a list of t contacts.) b. Receive permission from them before send out the COC if have a wastewater comUonent and drains to either SA or WS waters, (see contacts in this document and example memos in shared folder, Sliared/Guidance/Pet•mit_Approval_DEH and Permit_Approval_Shel]fish Sanitation) I 3) ORW and HWQ Waters: a. ORW (Outstanding Resource Waters): i. See guidance document stored under Shared/Guidance/ORW Policy ii. Lockwood Folly: No new or expanding wastewater discharges in Lockwood Folly (Lumber River Basin): area extending north from the intracoastal waterway to a line extended from Genoes Point to Mullet Creek." See guidance document stored under Shared/Guidance/Permits_ORW Policy b. HQW (High Quality Waters): i. Lockwood Folly: No new or expanding wastewater discharges in Lockwood Folly (Lumber River Basin): "... area extending north from the intracoastal waterway to a line extended from Genoes V,/ Point to Mullet Creek." See guidance document stored under �SO ! Shared/Guidance/Permits_ORW Policy it. Some HQWs are also Primary Nursery Areas (PNAs). This rl classification is done by Fish and Wildlife, and does not show up in B1MS. Maps are available for these areas http://www.nedmf.tiet/maps/FNA_maps/. Unlike trout waters. which are also often classified as HQW and have specific TSS limits in the mining permit, PNA is not adequately protected in the current permit text for mining. (Ready mix does not have specific TSS limits for trout or PNA waters). (See 1 5A NCAC 02B .0224 High Quality Waters (1)(b)(ii)). Ultimately, the permit will need Ao be revised to protect PNA waters (and the ready mix permit will also need to protect trout). The current process is to attach a supplement sheet for these waters to the permit. iii. See Appendix J for the PNA supplement sheet and Appendix: C for cover letter language. iv. The supplement references the 7Q10 flow. 7Q10 can not be calculated for tidal waters. There is not a G1S layer for tidally influenced areas. This information is detennined from local knowledge. Contact the Region to determine if this is a tidally - influenced area. 1. Not tidally influenced:, Contact USGS (J. "Curtis" Weaver, _icweaver@usgs.gov or 571.4043) to determine what this flow is. Be sure to provide him with a map of where the discharge will enter the surface water. Reference this flow in the cover letter of the permit. An example cover letter is included in "Guidance" folder on the share drive. 2. "Tidally influenced or unknown: If the area is tidally - influenced then a 7Q 10 flow can not be established. Therefore, a flow can not be referenced in the cover letter or the permit supplement. TC (Authorization to Construct): L--� a. The applicant will need an ATC if they are building a wastewater treatment facility for these types of applications. i. See the NCG02 and N05`1-4 technical requirements for information on whether or not the facility needs and ATC. ii. The NOI for NCG 02 and NCG 14 includes the ATC application (it is automatic). b. See NCG 02 and NCG I4 permits for more details about when ATCs are needed. i. NCG 02: The technical bulletin has a list of when they are needed. Also see page b of the permit and other places on the permit, too, http:/f h2o.enr.state.nc.us/sLi/documents/NCG02TechnicalBulletiii_. OOO;.df c. Issuing the ATC with the COO i. See ex. NCG 14 cover letter for lawine about copy of approved plans. ii. Include Engineer's Certification with issuance letter (see example letter). , iii. Stamp one set of approved plans with "Approved" stamp, sign and date the approval, and include with permit package. 5) DLR E&SC Plan A rova :, a. equired if disturbs one acre or more. Tit r/Y b. Must submit a copy of the application with the NCG 02 or NCG 14 ication er CAC 02H .O 138(5). e can issue our NCG 14 7 a permit before DLR's (or loca e egated programs) approval. However, include a note in the cover letter that they must obtain E&SC Plan approval prior to constriction. c. We cannot issue the NCG 02 permit prior to DLR's Mining Permit (essentially the E&SC Plan for those sites) because our permit references adhering to the Mining Pemlit as a condition of compliance. d. Notes about process: i. Applicant lmay Mply for NCG 02 or NCG 14 concurrently with the DLR E&SC Plan. �'�' ii. We can issue NCG 14. and in the cover letter we tell than that they have to also get DO•sap rova . iii. We hold on to NCG 02 until Mining Permit is issued (check IBEAM — See NCG020000 section, number 4.). iv. We may send an acknowledgement letter to NCG 02 applicants explaining that the storn-iwater/wastewater permit cannot be issued prior to the Mining Permit (some applicants are aware of this already, though). v. The applicant receives approval of their E&SC Plan from DLR. Upon issuance of DLR approval or Mining Permit, the applicant is also covered under NCG 01, Construction Activities, at no additional cost. vi. All permits are required before construction can begin. 7 6) Wetlands: Impacts to wetlands? Check with the Regional Office and/or 401 @ a-5S s Group. npn yit —� V O&M Plan: Include a note in the cover letter to include O&M plan language she c5h�°� Appendix Q. L- wcin�-try, bdb a. Confirm with the Regional Office as to whether or not they want O&M W(C4�-1600 approval author' eaoxetheLD,C—islssued._I.f so, include that in the letter as well. _pock 8) Meeting Effluent Limits: In some cases, engineers must show that they will meet - A4LArt> S the effluent TSS and settleable solids benchmarks. Generally, if they can meet the settleable solids benchmark, then they can meet the TSS benchmark. Particlede ?,�f bqkl ,t�"Settling; Calculations Using; Stokes Law; z .f z P — J, lh l " g( see D 1 l a I',' 18 f1 lb ft — sec i. Gravity, g=32.2 ft/sec' ii. Diameter of Particle, D l . Cement. D=4.92-5ft [NOTE. This is equal to 15 microns. (l micron=3.28e-6 ft).] 2. From an online search. I have found that 15 microns should be representative of "settleable solids" (this is an arguable point). If a particle size distribution is provided, check to see the relative volumes of particle sizes that are expected. 15 microns may be too low for mining. Or, you could use another value for d to represent "settleable solids" as you see fit. iii. Density of Settling Material, P1 I. Cement, P�=94 lb po�`S1hIL' C01TC'C'1101"J: this nla)' be hulk density ofdry material (?). Specific gravity of'Portland cement = 3.15. so density of'particle more like 3.15(62.4) _ 197 lb/ft". However. note that using a lower density results in a more conservative estimate of settling time, so raay be okay. iv. Density of Water, P2=62.4 lb/ft3 " V. Viscosity of water, µ=5.98-4 lb/ft-sec (this is temperature - dependent so you may see slightly different values in applications) ) b. Settling Time: tdgerrle (.rt (sec) _ (sec) i. Settling Depth; ds,tt,r= Average depth of the settling basin for the design (ft) c. Detention Time: t ner<„r,,,,, (sec) _ Vol umeBa sin(f ' ) Flow ThroitghBa sin f ;; rJ sec i. Volume of the Basin. The engineer vinst size the settling basill so that the detention tithe -is greater than the settling thee. ii. Flow through the basin: Ms is the volume of water that drains from the site to the settling basin during a "big" (undefined in the permit) storm plus any wastewater that is being generated. if there are a series of settling ponds; this analysis is more rigorous. Generally, calculate the peak flow: t I inI?)' 1171n t � 11 1. Ore( = C i I f )*A(f- J sec) (hr)(60rnin)(60sec 12in a. Rational Coefficient, C= (0.90*%Impervious)+Cp(1-%Impervious) (unitless) i. Where Cp is the Pervious Coefficient (specific for the soil type where the water is draining from), Cp=: 1. Type A Soil: 0.20 2. Type B Soil: 0.25 3. Type C Soil: 0.30 4. Type D Soil: 0.35 ii. Or, use tabulated values for C: 1. Inclined Roof: C=1.0 2. Parking Lot: C=0.9 3. Residential: C=0.5 4. Park: C=0.25 5. �(the site is inostly iinperi sous, C=O.9. (Note: This is an area where the engineer could really reduce the peak floiv — i ,atch the Rational Coefficient because if they choose C=0.5, which is a representative or residential lots, thew the peak flow will be essentially half of the C=0.9 value. If the engineer uncler estimates peak. flow (which is when the most tivater will leave the settling basin), then the Stoker Law approach imry not be valid in cletermining whether or not the particles settle oul. b. Drainage Area, A: Drainage to the basin(s) c. Intensity, I: Found using the design storm and the time of concentration: i. Design -storm: This is undefined in our permit, but we try to encourage the 10-year, 24-hr storm if possible. it. Time of concentration: L3 0.385 H 111. tc = 128 min 1. L=Hydraulic length in feet (longest distance water will travel to the settling basin) 2. H=Change in elevation along 1. in feet iv. Example intensity calculation using these variables and data from the precipitation data server for the city in cll.iestion, http://Iidse.nws.noaa.t ov/hdse/;)fds/: City of Leno-111 PL'eci itation Fre tuen6y Estimates inches ARL` 10 L� 30 60 120 3 6 r- , 24 48 - '4' i 10 20 -30 45 60 ms> ruin mine Inier. oniu �nnc `lu• hr- 'lu•. 16• hr da da • da da da da ± 1 rO.43 0.58 0.72 ' 0,99 123 144 .1.6 2 2.5 198 3.58 4.04 4.68 5.37 ,7.16 8,87 '112 13.3 069 0.86 L19 149 175 1.9 24 3 362 4.32 4,97 5,6 6.4 8.48 0.4 `13.1 L5.5 $ O.B1 101 146 188 222 2.4 3 3.7 459.,5.44 6.05 6.83 7,7 .10 12 14.8 17.5 M 0.571 OPIJ 116 167 .2,181 261 2,8 34 4:3 1 5-36 6,31 6.971 7.781 8.68 1121 2,21 161 18.9 -25 0.65 L04 .132 195 2.6 3.15 34 4,2 5A 6.42 7.51 8.23 9.061, 9.97 12.8 14:8 9.8 20.7 50 0.71 114 L44 2.17 2,94 3.61 3,9 48 53 7.28 8:47 9.23 111 11 i4 L5.9 19 22. 100 0.78 124 156 .24 3.3 4.1. 4,5 5.4 6.4 8.16 -9.46 10.2 1111 12115.3. 17 20,1 23.4 200 9.84 , 134 '169 2.63 3,68 4.62 5.1. '6,1 7:1 9.09 V5 113113'4. 16.5 21 213 24500 0.93 147 185' 2.94 4''22 54 6 7.1 ..1 104 ll9 12.7 18'l 19.5 22.7 26.2 ]000 1 157 197 3.2 4,67 b.05 67 8 8.9 114 13 138 19.4 M51 23:7 27-3 Tc=15 min Design, Storm= 10 years Depth=1.1 G -inches L1tensity= l .1 Ginclies/ 15miri*GOiiiil-tlu=4.6itLthr d. Particles will settle out if the settling time is less than the detention time. This is a fairly basic way of calculating this. You may also see calculations involving the critical velocity, etc. These are more advanced ways of determining if sediment will re -mobilize. The method presented here is a good basic review method. 9) Estimates of related variables from past submissions: a. Wash water produced (no recycle): 15 gal/yd3 cement produced b. Batch plant daily capacity: 2,000 yd3 c. Dum� truck bed wash out: 130 lb concrete for each 10-yd3 load, or 13 lb/yd of load. 10) Containing Design Storm: In some cases, engineers must show that they will be ab e o contain the =sign storm (See Appendix F for city -specific data). The BMP manual uses Schueler's Simple Method. This is an alternate method. Do not coy curve numbers (do not area -weight them) in the following r' calculations: a. Runoff Volume: Secondary containment may have to control a certain design storm plus the wastewater. The design storm volume that they must contain is found from the following calculations: b. Curve Number, CN: This is specific to soil type and land use. Typically, for mining and ready mix, engineers should use a high CN. Others are presented here so that we will be aware of when engineers are under- estimatinu runoff. Cover Type A Type B Type C Type D Parking Lot/Roof 98 98 98 98 Park/ Golf Course 39 61 74 80 Commercial 89 92 94 95 Industrial 81 88 91 93 Residential 61 75 83 1 87 1000 c.- Ultimate Soil Storage: S = CN- 10 inches d. Precipitation: P = (inches); http://I)dse.nNvs.noaa.gov/hdsc/pfds/ for the city in question at the design storm of interest (for instance; 10-year, 24- hour stone) (P - 0.2S)' e. Runoff depth, QRUnofEDcpth. Q = inches {P + 0.85} f Drainage Area in the Watershed, Awatershed: ft2 g. Runoff Volume, QRunof Volume{ft3/See) = QRanoffDepth (ft)*Awatershed (ft) 11) Wastewater Section Personnel Contacts: a. Susan Wilson: West NC b. Gil Vinzani: East NC AICG 140000, Ready ltifix Technical Requireinents uC C7 14 Ylt-Vkv�e+wj(,vVl-5-- l . Verify with latest permit tent 2. ALL wastewater plans MUST be stamped by a PE 3. Must have a DLR ER.SC permit if greater than 1 acre. See the Ready Mix and Mining Considerations section. 4. Volume control requirements: a. Recycle: i. General: 1. Secondary Containment: Must have containment for largest tail: in the recycle system (page 2 of 11). No outflowat 25-year, 24-hour storm from wastewater outfalls (definition of "secondary containment" page 17 of 19). 2. Guidance Note: Ready mix often finds ways to "recycle" water from truck washing or other water generated onsite to be used in the concrete generation process. We allow them to reuse the water by either putting it directly into the process or by spraying the area to be poured. We consider spraying the water as part of the process and not a discharge. 3. Drum washout water as the only wastewater "permitted by rule" 15A NCAC 02T .1003: The Land Application Unit is the contact for this. If the only wastewater is drum washout (no outside of truck washing, no aggregate pile runoff, etc). and it is recycled in a concrete structure (not earthen) system designed for the 25-year storm plus a foot of freeboard, then the system may be "permitted by rule." Guidance Note:.For any site that must apply for NCG 140000 for stormwater discharge, we will do a technical review of the recycle system to ensure it complies with those requirements —regardless of whether it may be permitted by rule. 02T .1003 (a) (2) requires the operator to notify the regional office in writing that the design complies with the criteria. Either the region or central office should do a technical review to verify this is the case. We will assume an ATC and permit is necessary until a technical review confirms otherwise. Even then, in most cases it is in the operators best interest to include they system under NCG 14. 4. pH Adjustment: Depending on the system design. may still need to require pH adjustment. Guidance Note: In the case of a well -designed recycle system that can contain the 25-year storm and freeboard, the reviewer may determine the additional foot of freeboard is sufficient to preclude the need for a pH -adjustment method. The reviewer should use BPJ, based on how soon the operation can recover its freeboard between rain events, the structure of the system (concrete, not earthen). etc. ii. Stormwater + wastewater co -mingled: They are not required to contain a specific storm unless the wastewater and stormwater is being co -mingled and recycled. (Note: They don't have to monitor if they can hold the 10-year storm.) They have to show that either: I . Design can contain the 25-year storm, and reclaim the water within — 3 days (number of days not specified in the permit), and also have l ft freeboard with the calculated design storage. Or, 2. Guidance Note: if the recycle system is designed to hold 25-year storm with a foot of freeboard, but it is earthen rather than concrete, should require applicant to demonstrate how system will protect against groundwater contamination. A design that is essentially "a big pit in the ground" is something that might be considered a "non - discharging system" and that the Aquifer Protection Section would review differently (i.e., impose different design requirements). Even though we're permitting it under a discharge permit, the reviewer should consider how a system that may infiltrate a portion of the wastewater could affect groundwater. May need to consult more with AP. 3. Design meets the effluent requirements of the permit. This can be done with Stokes Law, but the first option is more common. The pennit text can be found at. a. Permit page 7 of 11: "For facilities which route stonnwater and all process wastewater to a recycle system, no analytical monitoring of process wastewater is required if that recycle system discharges only as a result of the 10-year 24-hour precipitation event." b. Application, page 3: For recycle systems, the applicant must show that the facility will comply with pennit effluent limits, "or must demonstrate that the recycle system has sufficient capacity to contain runoff from a 25-year, 24-hour rainfall event plus one foot of freeboard under design operating conditions." See Guidance Note in 2. abrwe. iii. Stormwater only: The design would not "recycle" stormwater only. b. No recycle: i. General: 1. Analytical monitoring: No "out" for monitoring, even at a large design storm. Must show that they can comply with the required analytical limits in the pennit. 2. Secondary Containment: Sediment basins are not considered "tanks" and do not require secondary containment of the 25-year storm. ii. Stormwater + wastewater co -mingled: (Sedimentation basin for treatment). Then, they have to show that design meets the effluent requirements of the permit. No design storm specified in the permit. Rule of thumb in the office is to contain at least the 10- year storm. Stormwater only: Not required to contain the stormwater. Need to show where the outfall(s) is, AND that the stormwater flowing offsite is not mixed with wastewater. 5. Wastewater: a. Wastewater is associated with four types of activities: i. Vehicle and equipment clean -out (under the silo, etc) ii. Recycle stream overflow (tank can contain the volume of the recycle AND the stormwater falling into the drainage area at the same tune.) iii. Raw material stockpiles (berms or other containment devices to contain the storm; may have void space in the raw material as part -q of the volume. Also, note that ready mix facilities have to Awe/ maintain temperature and moisture content of these materials. To do so they either rely on irrigation or rainwater. Check to see what is going on at the facility.) iv. Mixing drum (or truck bed) clean -out b. Batch processes technically represent a different process than ready mix. However, both are covered under NCG 14 because they are similar. Batch processes are generally not permanent fixtures. c. Aggregate Piles: Runoff from these piles is usually considered tii)osterrater, and the ability to meet limits should be justified. The only exception is when these piles are NEVER irrigated (we think this is rare, so make sure) and only rainfall contacts them. Then the runoff may be considered stormwater. Rationale: In 40 Cl{R S 122,26, the definition of "stormwater associated with an industrial activity" includes stormwater discharges from "storage areas for raw materials." Sand and aggregate piles here could be considered storage areas. Also, washed stone runoff is different than raw material stockpile stormwater runoff at cement manufacturers, regulated by effluent guidelines in 40 CFR §411. That runoff contacts limestone, chalk, shale (aluminum and silica source), and iron ore piles —materials that result in high pH or other concentrated contaminants. Because the regulations don't specifically address ready - mix concrete stockpile stormwater runoff; because NCG 14 only specifies stockpile irrigation runoff as wastewater; and because the runoff from washed stone is significantly less contaminated than that in the cement industry, we don't have to consider aggregate pile stormwater runoff as wastewater. In these cases, the COC should be written to exclude 7( allowance to discharge that type of wastewater. (...hereby authorized to discharge process wastewater (excluding discharge from the wetting of raw material stockpiles) and... d. Some applications will have pH adjusters. Though this is technically a wastewater treatment method we permit those adjusters because it is better that they treat it than if they don't. If we didn't permit them, then high -pH water would enter the stream. 6. Site Plan must: a. Show outline of contributing drainage area. b. Show the location of any tanks for recycle systems c. Show stormwater and wastewater discharge points d. Show conveyance features (ditches, swales, etc) e. Show impervious areas (the specific dimensions are preferred, but this is not on the NOI checklist.) f. Show graphic notation (highlighters are not acceptable) g. Be signed/stamped by a PE. All drawings; including altered standard drawings. must be signed, stamped, and dated and must also indicate a revision date if the drawing is a revision. The Professional Engineer of responsible charge for this design must show that he has approved the submitted drawings for use in the submitted design. 7. Ideas for additions to the NOI (Notice of Intent) a. jVCG 020000, Yining Technical Requirements 41. Verify.with latest permit text. I- 2. ALL wastewater plans MUST be stamped by a PE. All drawings, including altered standard drawings, must be signed, stamped, and dated and must also indicate a revision date if the drawing is a revision. The Professional Engineer of responsible charge for this design must show that lie has approved the submitted drawings for use in the submitted design. 3. Site Plan: Need to show where the outfall(s) is, AND that the stormwater flowing offsite is not mixed with wastewater. If they have a DLR Mining Permit reques , note that we can't issue ours until -_-? t t issue theirs. Check with IBE to see if they have a permit. Additionally, the app t should includ etter from DLR with the application saying that s they have tl�e p it: 3 a. http://ibe state.nc.us/index.jsp, Login is aisha_lau & password is hel b. able Pop -ups Contact in DLR for questions: judy.weluier@ncmail.net 5. Wetlands Impacts: See "NCG 02 0 and M Plans," on the share drive for more N information about what to require for this issue. 6. Mine Dewatering (15A NCAC 02H .0103(13), "discharge of uncontaminated infiltrate and stormwater from mine excavation and the water that is removed to lower the water table to allow mining in an area." 7. Summary of requirements: NCG02 (Mining) Requirements Permit Application M6nit6hin A to C Site Plan (PE) DLR Permit . ;Prove No Wetland Impact yes I no yes no yes I no yes no yes no � '..� `e J . .. �._:.,� � ��. ,� h 4 qI „ ;,I ,d. . ii: .irN Stormwater'Only "" ' Quarries x x x* 1+acre <1acre: x Sand Pits x x x* x Clay Pits x x x* x Wastewater: Mine Dewatering, F' , �. .: Quarries x x x 1+acre <1acre x Sand Pits x x x x Clay Pits x x x x Wastewater :Prccess t ii, 4 4,, Sand/Gravel x I I x V x I I 1+acre I <1acre I x Closed Loop Recycle]. x x x x Other Recyclex I x I x x No'Discharger(stormwater and wastewater infiltrate) No Permit Needed * Will change when permit is renewed, 12/31/09 ** Ask Regional office whether or not wetlands will be impacted. If near wetlands, they may require more info from applicant (elipse equation). 15A NCAC 02B .0231(b)(5)(f) requires the Division to preserve the water levels of wetlands. We carr require engineering plans to ensure that this is the case. S. Other permits the applicant might need: a. NCG 01: Will need this permit if they disturb one acre or more (see next section) b. State stormwater permit: .1. Do they need a permit? [15A NCAC 021-1.1003(b)] 1. if they require either of the following AND a. CAMA Major perinit: Permits for development in Areas of Environmental Concern (AEC). "Development" includes activities such as dredging or filling codstal wetlands or waters, and construction of marinas, piers, docks, bulkheads, oceanfront structures and roads. Major permits are necessary for activities that require other state or federal permits, for projects that cover more than 20 acres or for construction covering more than 60,000 square feet. The Division of Coastal Management oversees this process. Applications jbr me jo,- permits are reviewed b), 10 state and four, federal agencies before a decision is made. (http://dcm2.enr.state.ne.us/flerinits/aecs.htm) b. S&EC Plan i. Required by DLR if disturb an acre or more. 2. Any of the following: a. In the 20 Coastal counties b. Drain to ORW c. Drain to HQW (or are within '/ mile of) 2. Which one do they need? Consider the density. Concentrated built upon area associated with structures (offices, maintenance sheds, loading areas, haul roads, etc), and any other hard packed gravel/earth are considered impervious. 1. High density: a. Normal high density (Note: The percentages noted below are the legal limits. However, the State Storinwater program's policy is to consider projects for coverage that are within'10% of these limits - Double check). Usable project space does not include wetland surface area. i. SA: over 25% of usable project space [15A' NCAC 02H .1005(2)(a)(i)] ii. Non -SA: over 30% of usable project space [15A NCAC 02H .1005(3)(a)(i)] b. Pocket of high density: This is not a defined term. It is BPJ. 2. Low density: Below the high density limits c. DLR's Mining Permit: All mines need this permit, 9. ideas for additions to the NOi: a. Require the total drainage area specified on the plan. (If over 1 acre, need E&SC permit.) b. Require impervious areas to be noted on the plan so that we can determine whether a high or low State Stormwater permit may be needed. c. Require a check box that a full size site plan is included if mine dewatering is occurring. aft Permit No. NCG020000 PART II AUTHORIZATION TO CONSTRUCT AND OPERATE A TREATMENT FACILITY Mining operations which involve construction and operation of treatment facilities for mine dewatering wastewater or process wastewater (such as saw water, wash water, etc.) are subject to construction and operation requirements for these facilities as outlined in Section A and Section B below. SECTION A: REQUIREMENTS TO CONSTRUCT NEW OR EXPANDING TREATMENT FACILITIES All new or expanding treatment facilities must receive an Authorization to Construct (A to C) from DWQ. Application for the A to C requires that plans and specifications be submitted to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 for approval. Upon approval of the plans and specifications by the Division, a set of approved plans and specifications for the subject project will be returned to the permittee. These plans must be retained by the permittee for the life of the treatment facility. 4. Upon receipt of an approved A to C, the approved treatment facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. The treatment facilities shall be constructed to meet the effluent limitations in Part 111, Section C of this general permit. 5. Upon completion of construction and prior to operation of a permitted facility, a ccrtification of plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. Mail the Certification of plans and specifications to the Division of Water Quality, Stormwater Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1617. 6. The DWQ Regional Office shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in place inspection can be made if the Regional Office so desires. Such notification to the regional supervisor shall be made during normal business hours from 8:00 a.m, until 5:00 p.m. on Monday through Friday, excluding State Holidays. Part II Page I of 2 Permit No. NCG020000 Existing, new and expanding treatment facilities shall be subject to the following operational requirements. SECTION B: REQUIREMENTS FOR OPERATION OF A TREATMENT FACILITY 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 is required to operate an existing treatment facility. New facilities must also have an Authorization to Construct permit. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in Part N, Section C.3. 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 this Division, 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. 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 the Division, shall be provided. No chemical flocculants shall be used in the treatment facility without written authorization from the Division. All discharges of mine dewatering wastewater and process wastewater will be monitored in accordance with Part III, Section C of this permit. Part II Page 2 of 2 Permit No. NCG020000 PART III MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER BEST MANAGEMENT PRACTICES (BMPS) PLAN 1. The permittee shall implement stormwater BMPs to ensure that contaminants do not enter surface waters via stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste products located on the site covered by this permit. A BMP Plan shall be developed in accordance with the requirements of this section. The BMP Plan requirement, or portions of the plan requirement, may be met by utilizing appropriate requirements in other documented plans specific to the permitted facility. 2. Management of Stormwater Runoff and Runon. The permittee shall maintain stormwater BMPs for land disturbance areas and outside process areas. 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). BMP Controls Inspection and Maintenance. All stormwater BMPs shall be inspected by or under the direction of the permittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The BMPs implemented shall be operated and maintained so that they are cleaned out when the sediment storage capacity has been reduced by 50%. If any visible sedimentation is leaving the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation as to the measures taken to prevent future releases as well as any measures taken to remove the sediment that left the site. All other stormwater specific controls (e.g. oil /water separators) shall be inspected and qualitatively monitored (as per Part III.B.3) on a semiannual schedule, once in the fall (September -November) and once during the spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be maintained and incorporated into the BMP Plan and kept onsite for the duration of the permit term and made available to the Director upon request. 4. 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 Land Resources. Compliance with the issued permit is considered a requirement of this general permit. Any deviation from the issued permit, or amendments to the' issued permit, that impacts water qualitX shall constitute a violation of the terms and conditions of this general permit. A signed copy of the issued 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 the Division of Land Resources in Part III Page I of 9 Permit No. NCG020000 accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this general permit. S. Preventive Maintenance Inspections and Good Housekeeping Practices. Equipment utilized during mining activity on a site must be operated and maintained in such a manner as to prevent potential or actual pollution of the surface water or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on the ground or into surface waters. Spent fluids shall be disposed of in a manner so as not to enter the surface waters or ground waters of the state and in accordance with applicable federal disposal regulations. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner that does not allow their entry into the surface waters or ground waters of the state. 6. Secondary Containment. The permittee shall provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous liquids substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured with a locking mechanism) and 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 the material stored within the containment area. SECTION B: ANALYTICAL AND QUALITATIVE MONITORING REQUIREMENTS FOR DISCHARGES COMPOSED ENTIRELY OF STORMWATER Analytical monitoring for stormwater discharges shall be performed for parameters as specified in Tables I through 4. All analytical monitoring shall be performed during a representative storm event as defined in Part VII. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit may be calculated for each individual outfall and compared to the cut-off concentrations listed in Tables 2 and 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, the facility is not required to continue annual monitoring for that parameter (at that outfall) until the last year of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The ermittee must perform anal ical sampling during the first and last year of the permit term regardless of cut-off concentration conditions. In situations where stormwater runoff is controlled by some type basin or retention/detention pond, the following provisions are applicable for sample collection for analytical monitoring: • Analytical monitoring for stormwater discharges from a basin or other similar control structures must be performed within the first 30 minutes of discharge. Part III Page 2 of 9 Permit No. NCG020000 Analytical monitoring for a basin /pond designed to contain the 10-year design storm (see Part VII, Definitions) without discharging is not required. Qualitative monitoring for color, foam, outfall staining, visible sheen and dry weather flow is the only monitoring requirement. Analytical and qualitative monitoring are not required for a basin/pond designed to contain the 25-year, 24-hour storm (see Part VII, Definitions) without discharging. A basin/ pond meeting this provision is considered a non -discharging stormwater control. 1. Analytical Monitoring for Stormwater Discharges from Land Disturbance and Process Areas. Analytical monitoring for stormwater discharges from land disturbance and process areas shall be performed as specified in Table 1. Table 1. Analytical Monitoring Requirements for Stormwater Discharges from Land Disturbing Activities and Process Areas 'Discharge Characteristics .Units, Measurement Fre uenc 1 " Sample T e? - Sample ' Location3 Settleable Solids mlll Annually Grab SDO Total Suspended Solids m /l Annually Grab SDO Turbidity NTU Annuall Grab SDO Total Rainfal14 inches Annually-- -- Event Duration4 minutes Annually-- -- Total Flow4 MG Annually -- SDO Footnotes: I Measurement Frequency; Once per year during a representative storm event, A year is defined as the 12 month period beginning on the month and day of issuance of the Certificate of Coverage. 2 The sample is collected within the first 30 minutes of discharge from the outfall. 3 Sample Location: Samples shall be collected at each stonnwater discharge outfall (SDO) unless representative outfall status has been granted, 4 For each sampled representative storm event, the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built -upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement or flow at 20 minute intervals during the rainfall event. Table 2. Analytical Monitoring Cut-off Concentrations for Stormwater Discharges from Land Disturbance Activities and Process Areas Discharge Characteristics Cut-off Concentration l Settleable Solids 0.1 mlll Total Suspended Solids 100 m /l Turbidity Freshwater non -trout streams 50 NTU Turbidity on -trout lakes and saltwaters 25 NTU Turbidity (Trout waters) 10 NTU Part III Page 3 of 9 Permit No. NCG020000 Analytical Monitoring for On -site Vehicle Maintenance. Facilities which 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 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenance areas. Table 3. Analytical Monitoring Requirements for Stormwater Discharges from On -Site Vehicle Maintenance Areas Discharge Characteristics , Units, -Measurement Trequency Sample T el' Sample, Location2 1I S.U. Annually Grab SDO Oil and Grease mg/1 Annually Grab SDO Total Suspended Solids mg/1 Annually Grab SDO Total Rainfall3 inches Annually Grab -- Event Duration3 minutes Annually Grab -- Total Flow3 MG Annually Grab SDO Footnotes: I The sample is collected within the first 30 minutes of discharge. 2 Sample Location: samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 3 Total flow shall be; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built - upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of the rainfall event measured shall result from the sampled representative storm event. Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities Dischar 'e Characteristics 'Cut-off Concentration pH' within range the 6.0 — 9.0 Oil and Grease 30 m Total Suspended Solids 100 mg/1 footnotes: I pH cannot be averaged due to the nature of the logarithmic pH scale. The most recent pH sample result shall be used for cut-off concentration purposes. 3. Qualitative Monitoring for Stormwater Discharges from Land Disturbance Areas, Process Areas and Vehicle Maintenance Areas. Qualitative monitoring requires a visual inspection of all stormwater outfalls with stormwater runoff from land disturbance, process or vehicle maintenance areas regardless of representative outfall status or cut-off concentrations and shall be performed as specified below in Table 5. No analytical tests are required. Part III Page 4 of 9 Permit No. NCG020000 The first qualitative monitoring_event during the term of the permit must coincide with the initial analytical monitoring event (regardless of the season). All other qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November) and does not need to be performed during a representative storm event. Table 5. Qualitative Monitoring Requirements Disch`arge.Characteristics, , Frequency, 4 MonitorinO Locationl Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floatin Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Deposition at or immediately below th 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 Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) associated with land disturbance areas, process areas and vehicle maintenance areas regardless of representative outfall status. SECTION C: EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FOR MINE DEWATERING WASTEWATER AND PROCESS WASTEWATER 1. Mine Dewatering Wastewater (including Borrow Pits) During the period beginning on the effective date of the permit and lasting until expiration, the permitter is authorized to discharge mine dewatering wastewater controlled in accordance with the conditions of this permit. Mine dewatering activities that have the potential to drain wetlands must have secured and implemented an Operation and Monitoring Plan approved by the Division. Operation and Maintenance Plans shall include, but are not limited to: • Groundwater monitoring strategies to demonstrate the effect of pumping and, as necessary, establish the pumping regime necessary to reduce impacts. • Detailed plans to maintain the surrounding hydrology and the respective monitoring to demonstrate compliance. Part III Page 5 of 9 Permit No. NCG020000 Alternative site specific pumping and monitoring regimes may be approved by the Division on a case -by -case basis. The discharge of Mine dewatering wastewater that is directly pumped from the pit through an erosion and sedimentation control structure prior to discharging to surface waters is not required to receive an authorization to construct in accordance with Part 11, Sections A and B. Mine dewatering wastewater discharges which requires additional treatment other than erosion and sedimentation control structures are subject to the authorization to construct requirement. Analytical monitoring of mine dewatering wastewater shall be performed as specified below in Table 6. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 6. Monitoring Requirements for Mine Dewatering Wastewater Discharge Characteristics ;� Units ` " ;, =. Measurement Fre denc l . Sample. Type2 Sample Location3 H s.u. Quarterly Grab E Settleable Solids ml/1 Quarterly Grab E Total Suspended Solids5 mg/1 Quarterly Grab E Turbidity NTU__Quarterly Grab E or U,D Fecal Coll form" col/ml Quarterly Grab E Total Flow4 MG Quarterly E Footnotes: The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat mine dewatering wastewater that results from rainfall in excess of 10-yr, 24-hr storm (this exemption is not available for mine dewatering of clay pits). 3 Sample Location: E — Effluent, U — Upstream, D — Downstream 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand are required to monitor for this parameter. 6 Only facilities discharging to waters classified as SA waters are required to monitor for this parameter 2. Wastewater Associated With Sand/Gravel Mining During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge wastewater from mining of sand and/or gravel operations. For the purposes of this permit, wastewater from mining of sand and/or gravel is water that that Part III Page 6 of 9 Permit No. NCG020000 is conveyed from the mined sand and/or gravel through an erosion and sedimentation control facility prior to discharging to surface waters. Authorization to construct and operate requirements (Part I1, Sections A and B) are not applicable to this type of wastewater operation. Analytical monitoring of wastewater draining from mined sand and/or gravel shall be performed as specified below in Table 7. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations will result in a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 7. Monitoring Requirements for Wastewater from Sand and/or Gravel Mining Discharge,., Characteristics Units { Measurement Fre uenc l .'Sample „ Type2 ."Sample, Location3 H S.U. Quarterly Grab E Settleable Solids ml/1 Quarterly Grab E Total Suspended So1ids5 mg/1 Quarterly Grab E Turbidity NTU Quarterly Grab E or U,D Total Flow4 MG Quarterly E Footnotes: 1 The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat process wastewater that results from rainfall in excess of 10-yr, 24-hr storm. 3 Sample Location: E — Effluent, or combined (U •-- Upstream, D — Downstream) 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand are required to monitor for this parameter. 3. Overflow From a Closed Loop Process Recycle Wastewater System Designed to Operate With Minimum of Two Feet of Freeboard During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the following closed loop process recycle wastewater systems designed and operated with two feet of freeboard during normal operation: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Crusher Dust Control Operations For the purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard. Closed loop is defined as limiting theL` water entering the system to makeup water that is added to operate system at or below the two 2Ga�G feet of freeboard and/or precipitation that falls directly into the system. The system would also be Part Hl Page 7 of 9 Permit No. NCG020000 designed to exclude stormwater runoff from draining into the system. Authorization to construct and operate requirements (Part 11, Sections A and B) are not applicable to this type of process wastewater operation. No analytical monitoring is required for overflow from closed loop pr6cess,recycle wastewater systems designed to operate with two feet of freeboard. 4. Overflow From Other Process Recycle Wastewater Systems During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge overflow from the following process recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard: a) Sand, Gravel and Stone Washing Operations b) Dimension Stone Cutting Operations c) Air Scrubbing and Dust Control Operations Analytical monitoring of overflow from process recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard shall be performed as specified below in Table 8. For the purposes of this permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. These systems don't meet the requirements for closed loop recycle systems and are not designed and operated with two feet of freeboard. Authorization to construct and operate requirements (Part 11, Sections A and B) are applicable to this type of process wastewater operation. Table 8. Monitoring Requirements for Overflow From Process Recycle Wastewater Systems _ Discharge Characteristics . '' Units. 11 Measurement Fre uenc 1 Sample Type2. Sample Location3 H S.U. Quarterly Grab E Settleable Solids ml/I Quarterly Grab E Total Suspended Solids5 m l Quarterly Grab E Turbidity NTU 2uarterly Grab E or U,D Total Flow4 MG Quarterly E Footnotes: 1 The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from a basin/ pond designed to contain or treat process wastewater that results from rainfall in excess of 10-yr, 24-hr storm. 3 Sample Location: E — Effluent, or combined (U — Upstream, D — Downstream) 4 Total Flow volume shall be recorded by a continuous flow measurement instrument. Alternatively, pump curves and pump logs may be used as a means to calculate flow volume. 5 Only facilities mining Industrial Sand arc required to monitor for this parameter. Part III Page 8 of 9 Permit No. NCG020000 Table 9. Effluent Limitations for Process Wastewater and Mine Dewatering Wastewater Discharge Characteristics" '' ,. Effluent Limitations Monthl " Average Daily Maximum Settleable Solids 0.1 ml/l 0.2 mlll Total Suspended Solids Industrial Sand Mining)' 25 m l 45 m /l H Ran et -------- 6.0 — 9.0 Turbidity Freshwater non -trout streams -------- 50 NTU Turbidity on -trout lakes and saltwaters -------- 25 NTU Turbidity {Trout waters) -------- I O NTU Footnotes: 1 The pH range for saltwater is 6.8-8.5. Designated swamp waters can have a pH as low as 4.3 if due to natural conditions. 2 Monthly Average Limit for discharges to waters designated as HQW waters is 20 mg/l 5. BMP Conditions a) The permittee shall utilize best management practices to ensure that contaminants do not enter the surface waters as a result of blasting at the site. b) The permittee shall obtain authorization from the Director prior to utilizing any chemical flocculants. 6. Residual 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 III Page 9 of 9 Re: NI,Df Se`regaest(06-04-08).doc Subject: Re: NMESextrequest(06-04-08).doc From: Je <Jennifet•.Jones a nemail.net> Date: ri�01 �20�08:19:59 -0400 To: Ktt `ymanrobey.com> CC: "Jennifer.Jones@ticmail.net" <Jennifer.Jones a ncmail.net> Hi Kim, I received your letter. I will give you an extension to June 16th. I called Josh Pelletier but have not heard back from him yet. Please keep me updated and let me know if you will require more time, and if so when you believe you will be able to turn it in by. Please let me know if you have any further questions or concerns. Thank you, Jennifer Jones Kim Hamby wrote: Attached is the letter requesting an additional extension for the mining permit for,Pitts Chapel Mine No. 2 COC NCGT020727 ------------------------------------------------------------------------ June 4, 2008 Stormwater and General Permits Unit Division of Water Quality Attn: Jennifer Jones 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Request for Extension NPDES Permit Application For Pitts Chapel Mine No. 2 Project 4 070057 COC NCG020727 Dear Jennifer, T am writing to request an extension on the June 5^th deadline for submittal of additional information regarding this project. As you are aware, we are still waiting for approval of the :nap indicating there are no wetlands present on this site. I did receive a message from Josh Pelletier of the US Army Corps of Engineers on May 29^th stating that he expects to approve the map within the next week. I will forward a copy to you as soon as it is received. Thank you for your attention to this project. Sincerely, Kimberly D. Hamby Sr. Project Manger Cc: Phillip Harrington 1 of 2 6/6/2008 10:41 AM Re: NPDESextrepest(06-04-08).doc file sent via email -- original to follow in the mail Jennifer Jones Environmental Engineer NCDENR j DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 733-5083 ext. 591 Fax: (919) 733-9612 Email: ]enniter.jones@ncmaii.net Website: http://h2o.enr.state.nc.us/su/stormwater.html. 2 of 2 6/6/2008 10:41 AM HYMAN ■� ROBEY-I June 4, 2008 Stormwater and General Permits Unit Division of Water Quality Attn: Jennifer Jones 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Request for Extension NPDES Permit Application For Pitts Chapel Mine No. 2 Project # 070057 COC NCG020727 Dear Jennifer, am writing to request an extension on the June 5th deadline for submittal of additional information regarding this project. As you are aware, we are still waiting for approval of the map indicating there are no wetlands present on this site. I did receive a message from Josh Pelletier of the US Army Corps of Engineers on May 290' stating that he expects to approve the map within the next week. I will forward a copy to you as soon as it is received. Thank you for your attention to this project. Sincerely, � �D. �JJ Kimberly D. Hamby Sr. Project Manger Cc: Phillip Harrington file nrr'� 1tj�s� c� m z a�D C a A � r-•�, � ^ram yam. 5L-,.h�L�hjjJ EJ C[i+r'E � *S _ SdLUT,IONS FROM THE GROUND'UP May 5, 2008 Stormwater and General Permits Unit Division of Water Quality Attn: Jennifer Jones 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Request for Extension NPDES Permit Application For Pitts Chapel Mine No. 2 Project # 070057 COC NCG020727 Dear Jennifer, As I have just received a copy of your letter dated March 25, 2008, 1 would like to request that the deadline of April 2e be extended to June 5, 2008. While I had been Informed that the Corps would have to review the site to determine the presence or absence of wetlands, I was not aware of the deadline. We have been working diligently toward obtaining the proper documentation. Josh Pelletier of the USACOE has met with wetland consultants on the site and stated that wetlands are not present. However, he needed a plat to sign. We prepared the survey with the appropriate Corps certificate and we are waiting for the signed map to be returned. I have left a message for Mr. Pelletier this morning requesting a timeframe for when he expects to return the signed map. I will forward a copy to you as soon as it is received. Thank you for your assistance with this project. Sincerely, qL Kimberly D. Hamby Sr. Project Manger Cc: Phillip Harrington file WAr�9Q� r arch 25, 2008 Mr. Phillip Harrington Pitts Chapel Mine 760 Pitts Chapel Road Elizabeth City, NC 27909 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department or Environment and Natural Resources Subject: General Permit No. NCG020000 Pitts Chapel Mine COC NCG020727 Pasquotank County Dear Mr. Harrington: Coleen H. Sullins, Director Division of Water Quality In order to complete the processing for your Stormwater Permit (NCG020000) application the Division of Water Quality will need further information. Our Washington Regional Office has notified your consultant, Kimberly Hamby at Hyman-Robey Consultants, that we believe it is necessary to have the U.S. Army Corps of Engineers perform a wetlands delineation at the Pitts Chapel Mine Site. If the wetlands delineation shows the presence of wetlands you will be required to submit and have approved an O&M plan prior to discharging. The requested information should be received by this Office prior to Monday, April 281h, 2008, or the application will be returned as incomplete. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. If you have any questions concerning this permit, please contact Jennifer Jones at telephone number (919) 733-5083 ext. 591. Sincerely, Jennifer Jones cc: Washington Regional Office Central Files Stormwater Permitting Unit Files NoNr hCarolina aturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: WWW.ncwatcrouali(y.ora Location! 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal opportunity/Affirmative Action Employer— 50% Recycled/10% PD51 Consumer Paper wAr�9Q� � q r NrrigE February 11, 2008 Mr. Phillip Harrington Pitts Chapel Mine 760 Pitts Chapel Road Elizabeth City, NC 27909 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Subject: General Permit No. NCG020000 Pitts Chapel Mine COC NCG02,A727 Pasquotank County Dear Mr. Harrington: Coleen 11, Sullins, Director Division of Water Quality In order to complete the processing for your Stormwater Permit (NCG020000) application the Division of Water Quality will need further information. 1. Please send a new Notice of Intent (NOI) with an original signature and current date. 2. A new NOI has recently been released on January 21st, 2007. Please use this form, as it is more complete. It can be found at http://h2o.enr.state.nc.us/su/rorms_Docuincnts.htm#StormwaterOP. 3. We will need a copy of your mining site plan with all wetlands clearly delineated. I have listed the necessary components of the site, plan below. If your mine is near wetlands or may impact surface water or groundwater please contact the Washington Regional Office (at 252-946-6481) about an O & M Plan (checklist below): • Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater • controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. + Well information (design, depths, maintenance) • Physical monitoring for the wetlands areas + Settling pond -sizing information, if applicable • Level spreader design, if applicable • Details about dewatering method • Description of measures to prevent erosi6n and flooding 4. In your application you list one mine dewatering discharge (question #7) but state mine dewatering discharges are not occurring (question #f14). If you have a discharge point, the answer to question #14 should be yes. P hCarolina Noaturally North Carolina Division of water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: ww%v.nc%vatcrouali-n— Location: 512 N. Salisbury St. Raleigb, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 500% Recycledd 0% Post Consumer Paper e . k' 0� wAr�94� • V •2 a-m— ^��mr.,. 1 1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Colcen 11, Sullins, Director Division of Water Quality 5. Please check the Authorization to Construct (ATC) information in the NOI to see if you fall under the requirements for an ATC. I am enclosing our NPDES Mining General Permit Technical Bulletin for more information on our requirements. It can be found at http://h2o.enr.state.nc.us/su/Forms_Documents.11tm#StonuwaterGP. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to Tuesday, March 12th, 2008, or the application will be returned as incomplete. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. If you have any questions concerning this permit, please contact Jennifer Jones at telephone number (919) 733-5083 ext. 591. _ Sincerely, Jennifer .Tones cc: Hyman Robey, Consultants, Kimberly D. Hamhy Washington Regional Office Central Files Stonnwater Permitting Unit Files Attachments Nor hCarolina Nalmra!!J North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: w"lv.ncwaterquality.or- Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 501/6 Recycled/IT/6 Post Consumer Paper HYNIAN ■ � ROBEY-11 January 24, 2008 Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: NPDES. Permit Application Pitts Chapel Mine No. 2 Pasquotank County Project # 070057 To Whom It May Concern: Enclosed for your review and approval please find the following items: 1. One copy of the executed application SWU-217-101701 for an NPDES permit for a proposed sand mining operation. 2. One copy of Mining Permit No.70-32. 3. One copy of a portion of the Elizabeth City quadrangle map. 4. A check in the amount of $$R - for the required fee. #Jai.a Thank you for your attention to this matter. If you have any questions concerning this submission, please do not hesitate to call. Sincerely, Kimberly D. Hamby Sr. Project Manger m v ¢m• 41k t, • E'>> � I Cc: Phillip Harrington file D t r NCDENR NC—. rrRp�,M4 �AlY�TMCM CI EM'I —C- -0 N.IA- fitsoir - Division or Water Quality / Water Quality Section National Pollutant Discharge Elimination System NCG020000 FOR AGENCY USE ONLY Date Received Yen Month Do Z O Certincate of Covero e Check # Amount Permit Assigned to opt S NOTICE OF INTENT m p G`� National Pollutant Discharge Elimination System application for coverage under General Per Um z -M m I ^ t 6 NCG020000: R°� �.I STORMWATER DISCHARGES associated with activities classified as:IM SIC* 14 Mineral Mining Industry (except as specified below) The following activities are also included: n • Active or inactive mining operations (including borrow pits) that discharge stormwater coritaminated-with o that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations • Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that rec 90 process wastewater; and/or mine dewatering z ` jfljj n The following activities are specifically excluded from coverage under this General Permit: Q'� a t� • Peat mining, coal mining, and metal mining ao • Stormwater discharges from mining operations which are intermixed on site with stormwater from a X ry operations, and oil and gas extraction operations oQ�o " Standard Industrial Classification Code (Please print or type) 1) Mailing address of ownerloperator: Name Phillip.. Harrington Street Address -76n Pit�s chapel Road City EL z_ahef-h Ci t-y State ___NC� ZIPCode 27909 Telephone No. (2 5 2) 3 3 5 -- 4 5 2. 6 Fax: ' Address to which all permit correspondence will be mailed 2) Location of facility producing discharge: Facility Name _A; its Chapel M; ne Facility Contact Phillip Harringto-n Street Address _7,60 Pitts Chapel road City Eli zabeth City State NC ZIPCode 27909 County Pasquotank Telephone No. (252) 335-4520 Fax: 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). Read _PiQ3�c.�_;sa pprox. 1�rnMilen the south side of the road. (A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application) Page 1 of 4 SWU-217-101701 FA MCG020000 N.O.r. 4) This NPDES Permit Application applies to which of the following : ❑C New or Proposed Facility Date operation is to begin _ A„g„ �t 2t7()7 _ ❑ Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 -� -� 9 6) Provide a brief narrative description of the types of minerals mined at this facility: toPsQ_L1__and sand 7) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater; � I Mine dewatering: 1 Process Wastewater Overflow: Please provide short narrative description of discharges: a l l d; s c h a r g P f r nm a r e a s i.n 1 y e d in m_in i ncj pr=._e_ss__i-nr1 nd; ng m; ne dewatPr; nq wi 1 1 he rout- a,d-- throngh A Buffer areas and other areas that will continue to be farmed will drain through the exisitng ditch system. What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility Stormwater discharges end up in? :�0 If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). N / A ._ 9) Does this facility have any other NPDES permits? Q No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 10) Does this facility have any Non -Discharge permits (ex: recycle permits)? F1 No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? 0 No ❑ Yes If yes, please briefly describe: 12) Does this facility have a Stormwater Pollution Prevention Plan? ly� No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? ® No ❑ Yes 14) Are mine dewatering discharges occurring? �) No ❑ Yes S W U-217-101701 Page 2 of 4 NCG020000 N.O.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? W No ❑ Yes If yes, answer the following questions on the wastewater treatment system: a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and specifications along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138. If construction of wastewater treatment facilities applies to the discharge of process wastewater, include three sets of plans and specifications with this application. b) Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 16) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? 0 No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? 0 No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? Q No ❑ Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport / disposal vendor:_ Vendor address: 17) Certification: North Carolina General Statute 143-215.6 b (1) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine Page 3 of 4 SWU-217-101701 NCG020000 N.O.I. not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Phil 1 i? Ha r ri n f nn _ Title: _-manager _... lu—Tjuly 1,6, 2007 (Signature of Applica {Date Signed) Notice of Intent must be accompanied by a check or money order for $80.00 made payable to: NCDENR Final Checklist This application will be returned as incomplete unless all of the following items have been included: Q Check for $80 made payable to NCDENR 1� This completed application and all supporting documents [2 Copy of the valid approved mining permit for the facility ® Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 4 of 4 SWU-217-101701 —Eo--ttI e t f,, 3 Ar�so n �? tJ+ w S pM ,+ ;R n -N? 3 PO-int�tl sk -3 D r b'& 1 Light Cobb Tr Point 3 .j k r cqk ls�68t.nk .-7 aY sch 9P 74 ttew -ft tilz t e �E zo em-• ....... ... 2-FIB 0 -utu3st Ion L X 9001t )Utuk- Ra m P # TOS Tr' f t" -Fa 7� r i7— Tidal Flat to A 0 .11MU.—B '14 10 \JXV 1,10 Y5 e id T T f M 2 _"s Elm y Seaplane Romp Irk f-A J-1 R Ze =s. e r v x ELIZABETH CITY, N. C. SW ELIZABETH CITY 15, QUADRANGLE AAA-" er j N3615-W7607,517.5 d CITY,, 1982 DMA 5756 1 SW -SERIES V8420 AL AIRP RT IA, 301) 111193 (WEEKSVILLE) 1 1. 194 ; KAf 195 10' Si ?T11q O k1y n � d r LLL 1 f+ * o m CQ 8 0® a 1 1 Nlspnlon Il i II { f I Y 7 f on,V M / I'll.PO S.. US O•parvn•,rt PO >io. NC E•xKi aCCity. NC 27807 1 1 �cnw—^+-+rw rratw wwrwqbn. pY rrya ryP'��," P124 1'.Q-400' Map NunWr Do,--[ 2007 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Qualily January 28, 2008 Phillip Harrington 760 Pitts Chapel Road Elizabeth City, NC 27909 Subject: Return of your Application and Notification of fee changes Dear Mr. Butler: On July 31, 2007 the North Carolina General Assembly and Governor Easley put into effect a new budget that included a 20% increase to all fees associated with Division of Water Quality annual fees, new permit applications, permit modifications, certifications, and project fees. $100 is the new permit application fee, instead of the former $80 application fee for General Stormwater permits. The Division of Water Quality attempts to operate in a fiscally responsible and efficient manner. This increase represents the first change in fees since 1999 and reflects inflationary pressures over that time. As of September 1, 2007, all permit fees collected must meet the legal requirements of these changes. To view a copy of these changes, please refer to the following website link: http://www.ncle;~.neUSessions/2007/Billsll-IOL[se/PDI,'/1-11473vlg.pdf (see Pages 262-265). Please resubmit your application package with the new fee for $100. Thank you for your cooperation, and please do not hesitate to call with any questions you may have. Sincerely, �'A �[. . ".,, Sarah Young Stormwater Permitting Unit 919-733-5083 x 502 NorhCarol ina Aalirra!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer service Internet: www.newateruuality.omu Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-2496 1-877.623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycted110% Post Consumer Paper ULV I Y LVV I \I I11 J I V • YV UGOI upol Ucl I \I nA') LJL %�%)V I wlJ I . VU I "I""' Ai*;A - NCaENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist October 10, 2007 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 3150 0003 7044 2167 Mr. Phillip Harrington Bear Garden Inc. 760 Pitts Chapel Road Elizabeth City, North Carolina 27909 Re: Pitts Chapel Road Mine No. 2 Pasquotank County Pasquotank River Basin Dear Mr. Harrington: Michael F. Easley, Governor William G. Ross Jr., Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 70-32_ were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on October 10, 2017, G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 36.20 acres and the amount of land you are approved to disturb is 24.91 acres. As we have received the S30,000.00 Assignment of Savings Account issued by Gateway Bank, 1 am returning the $23,700.00 Assignment of Savings Account issued by Gateway Bank previously submitted with the application. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Slreel, Raleigh, North Carolina, 27604 An Equal Opportunity t A armallve Actlon Employer — 50% Recycled 110% Post Consumer Paper urn- i u-ce��� i l�fll 1 u. uu Ded!' OcCuel l krhA) cO4 JJo (ODO r. eou4 Certified Mail Mr. Harrington Page Two Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, / !�' Floyd . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, w/permit Mr. Bradley Bennett-DWQ, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit UCl- 14-L�JeI f if r111 f 1'J• 4.J nedr- uer uen JJO I WU DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Bear Garden Inc. Pitts Chapel Mine No. 2 Pasquotank County - Permit No. 70-32 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. M)N1NG PERMIT EXPIRATION DATE: October 10-2017 uLu- I a-zuu r lrKi J i u; uo oear uaroen 330 r000 r. m" Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permitiee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Exoiration Date This permit shall be effective from the date of its issuance until October 10, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N,C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Ur_G_ i u~[ee ( tact) i U: uo uear uaraen 000 r000 r. e,v-g-) Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and roles promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the approved sediment pond. C. Mining activities shall occur as indicated on the mine map dated May 22, 2007, and the supplemental information received by the Land Quality Section on July 28, 2007. All affected area bounda6es (24,91 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. uck,- I u-4eiu ( lrni) I vi. "u DCdf Udr UU I 1rMA) 404 J•:)O 1 WV r. tK" Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources_ The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1, on -site generated land clearing debris 2. conveyor belts 3, wire cables 4. v-belts 5. steel reinforced air hoses 6, drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2, a list of refuse items to be disposed; 3, verification that a minimum of 4 feet of cover will be provided over the refuse: 4, verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. ULU- 14-MI r IrKI) 1 U= 45 bear baraen lrKx]eoc 6; O r000 r. vi r Page 5 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such' changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $30,000.00 Assignment of Savings Account (of which $29,900.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant -to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. uLl,-r+a-euurlr-ni) 1U-4U DCdr UdrUCrI 11'YM/CUC 000 IVjV f.WU Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible'provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. UCI+- 14-41)V f lull) 1 0- 4U UCdr Udf UCI I lr tVA)C 4 OQU I WV - • �� f Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mime site. 'On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected [and shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species. Rate, Lbs/Acr_e February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. ULU-14-L�)vJIIrnI) ICJ-4U oedr, udruCrl li nnlcoc oou iuou r. V I U Page e Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan. - Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this IO'h day of October, 2007. James ❑. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources VLV 4Y LVV1\1 IIlJ IVYV VI. VI VI_II 4L11 \I 111\JLV4 VVV IVVV I VI 1 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Bear Garden Inc. to conduct mining activities off SR 1669 (Pitts Chapel Road) in Pasquotank County. The mining permit (no. 70-32) was issued on October 10, 2007, North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). It you believe that you are an aggrieved party within the meaning of the APA, a petition fora contested case must be filed in the Office of Administrative Hearings within sixty_(60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150B-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. A;voxL�& J me D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on O 0I Brenda Harris Mining Program Secretary .. r • ���e � �� ��-� �"� . �� � �� � � �� This is NOT a survey. It is based on recorded deeds and surveys. �" Aerial photography taken Feb 2003. Wes' Soil information downloaded from USDA Soil Survey May 1, 2007. Of Iirrfill l9+��1�� 4.1 H r itf ��i•II if t�fs: irl�rit� �I, - Ir.JJ _� Ili •-� � � s e9'Q� 9 li�� IMPO !j fm I I! IIl�TIT ' r[ r� • ! i© � � � I! ! � (i � [ail � �}� � [I�� j�l�€ €r'i'tr��� pit Ao i!°ii� I fjl€ fitI €`�{EIS t[ fir[ € �f �! �; r� Ftl tr ) I 1 I �i I Ei �1f i1 flli a Paslotank County Tax Query Results tr . Page 1 of 3 PASOIJOTANK COUNTY COMMERCIAL PROPERTY INFORMATION PROPERTY LOCATION ACCOUNT IPARCEL ID I MAP & LOT 00728 PITTS CHAPEL RD 0103894 8922 438885 P124-8 PHILLIP HARRINGTON ENTERPRISES INC DEED BOOK: 685 ASSESSMENT INFORMATION DEED PAGE: 151 LAND: $ 153400 P 0 BOX 2232 DEED DATE: 20010321 BUILDING: $ 0 ELIZABETH CITY NC 27909 TOWNSHIP: TOTAL VALUE: $ 153400 Lat/Long = -76.2 W 36.26 E US National Grid = 1 SS OF 9182 1304 G008le Maps Full Page Acrial View.......... Soil Survey �.r 'jy� • Pt24 8C S}rlY h� 4 0! Al3rkr This is HOT a sctrvey. Il is basal on iecordocl reels attcl srtrveys. Axial photoOa ft taken F eb 2007. This is NOT an oficial FIRM map; however, it considered accurate and is based on i �inbnrecan supplied by FEMAto be used withthe Pasquatank County GIS system. http://207.4.214.118/gis/taxcard.cfm?PIN=8922 438885 3/24/2008 Pasq, otank County Tax Query Results w' Page 2 of 3 Click here for explanation of National Grid DATE SALES TYPE SALE PRICE 20010321 LAND ONLY 140097 TYPE SIZE OPEN LAND 33.27 ACRES FOREST LAND 11.85 ACRES 91 92 14 14 C a C t,. $ it a Q e"n `r'f"l5 '11pp" 'E 92 US National Grid Map 9S OF 9182 1304 Descriptor/Area SOURCE ASSESSMENT DEED BOOK/PAGE STAMPS 0 MKT Value $ 114615 $ 38832 httpJ/207.4.214.1 18/gis/taxcard.cfm?PIN=8922 438885 3/24/2008 Pasqotank County Tax Query Results Page 3 of 3 Descriotoi/Aroma OUTBUILDING DATA Type Flat Year Size Grade Cond Units Utility RCN %GD 0 ox0 0 0 0 0 0 0 ox0 0 0 0 0 0 0 ox0 0 0 0 0 0 0 ox0 0 0 0 0 0 0 ox0 0 0 0 0 0 0 ox0 0 0 0 0 0 Link to Register of Deeds to view Deed Link to Official Flood Map Panel 8922 Link to map of 2006 sales 8922 Link to map of 2005 sales 8922 http://207.4.214.118/gis/taxcard.cfm?PIN=8922 438885 . 3/24/2008 Pasquotank County Tax Query Results PASOUOTANK COUNTY COMMERCIAL PROPERTY INFORMATION Pagel of 3 PROPERTY LOCATION ACCOUNT NO PARCEL ID MAP & LOT 00760 PITTS CHAPEL 0103894 8922 446770 P124-4B [PHILLIP HARRINGTON ENT LLC DEED BOOK: 871 ASSESSMENT INFORMATION DEED PAGE: 530 LAND: $ 107300 P O BOX 2232 11 DEED DATE: 2005082311 BUILDING-.$ 129600 ELIZABETH CITY NC 27909 11 TOWNSHIP: 11 TOTAL VALUE: $ 236900 Lat/Long = -76.2 W 36.26 E US National Grid = 18S OF 9197 1335 Gqq8le- - Full Page Aerial View.......... Soil Survey_ f. — Rt r This is IIOT a strvey. It isbased on recorded dMis aml staveys. Aerial photogiaply taken F ei) 2003. u T,is NOT an official FIRM map; however, it considered accurate and is based on foimation supplied by FEMAto be used withthe Pasquotank County GIS system. http:l/207.4.214.118/GIS/taxcard.cfm?PIN=8922%20%20446770 3/6/2008 w This is NOT a survey. It is based on recorded deeds and surveys. s Aerial photography taken Feb 2003. Judy and Pat, I realized too late that I needed to send you comments on the above mine. I have already completed an inspection, but havent gone over the written package. I can provide that Monday —hopefully that's ok. Im off tomorrow, and its super late tonite..a long afternoon with Garland Scott of Superior Sand. The mine is on sand pit road, but unlike the others, it is just a bit down sand pit road off of Pitt's Chapel. Currently it is a big ag field, so not much too see. It is possible it will need some screening from Pitt's Chapel Road —but the area is kinda heavy commercial. The map appears accurate. I am slightly concerned about the ditch that they will be using to de water... whether or not it is large enough as well as the tile it will have to travel through under the road. I realize that's way out of my area but —it just made me wonder. There are some nearby residences along the opposite side of the road, but they do have their own veggie barrier ... and they are likely used to the traffic at least. If you or Pat need to reach me tomorrow, or if I need to. come in,.please call me on my cell, 910-389-8408. Im tired and loopy, it's time to go.. V all have a lovely weekend. Tks, Eric 8/21/2007 9:33 ANI Michael T. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality August 1, 2008 Mr. Phillip W. Harrington Bear Garden Inc. 760 Pitts Chapel Road Elizabeth City, NC 27909 Subject: General Permit No. NCG020000 Pitts Chapel Mine No. 2 COC NCG020727 Pasquotank County Dear Mr. Harrington: In accordance with your application for a discharge permit received on March 11, 2008, 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 October 15, 2007 (or as subsequently amended). Please take notice that this certificate of coverage.is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This general permit allows the discharge of stormwater and certain types of wastewater from your facility. In your application, you specified that only mine dewatering water would be discharged from this facility. If separate point -source discharges of stormwater occur (i.e., stormwater not combined with mine dewatering water), you will be required to adhere to the conditions in this permit for stormwater discharges. Please note that your permit contains effluent limits on the discharge from your facility. In your last submittal, your consultant, Ms. Kimberly Hamby of Hyman-Robey Consultants, Inc., indicated that your calculations were based on design criteria from the NC DENR Division of Land Resources Erosion and Sedimentation Control Planning and Design Manual. In the review of your permit application we noted that although your sediment basin design calculations are predicated on the presence of a skimmer, no skimmer is present in the details of your drawings. 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. North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer service Internet: www.newatcEquuality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 807.6494 1-877- 623-6748 An Equal OpportunitylAffirmafNe Action Employer— 50% Recycled1100% Post Consumer Paper N` nCarolin Nalara!!y Mr. Phillip W. Harrington 'Bear Garden Inc./ Pitts Chapel Mine No. 2—NCG020727 July 25, 2008 If you have any questions concerning this permit, please contact Jennifer Jones at telephone number (919) 807-6300. Sincerely, ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins cc: Kimberly Hamby, 150 US Highway 158 East, P.O. Box 339, Camden, NC 27921 Wilmington Regional Office Central Files Stormwater Permitting Unit Files STATE OF NORTH CAROLINA _._..DEPARTMENT_OF ENVIRONMENT -AND -NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020727 STORMWATER AND MINE DEWATERING 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, Philip Harrington is hereby authorized to discharge stormwater and mine dewatering from a facility located at Pitts Chapel Mine 120 Sandpit Road Elizabeth City Pasquotank County to receiving waters designated as New Begun Creek, a class C, Sw water. in the Pasquotank River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective August 1, 2008. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day August 1, 2008. ORIGINAL SIGNED BY KEN PICKLE for Coleen H. Sullins., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: jQ Pltts Chapel Mine No. 2 J NCG020727 Pitts Chapel Mine Elizabeth City, 'NC Pasquotanlc County Latitude: 360 15' 27.3" N W �' 1: Longitude: 761,12' 27.4" W Receiving Stream: New Begun Creek Stream Class: C Plap Scale 1:12,749 Sub -basin: 03-01-50 {Pasquotank River Basin} DOW it �11+.7�:+tl�f��tjr �► Facility Location o�0 WA r�Qc CO 0 Wmrillw`C Ms. Kimberly D. Hamby 150 US Highway 158 East P.O. Box 339 Camden, NC 27921 Michael P. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen 11, Sullins, Director Division or water Quality I+hE Carolina ARA641!11 North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ngwaterclualil .or Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycleti1100% Post Consumer Paper A Division of Water Quality / Surface Water Protection NCDENR National Pollutant Discharge Elimination System vim.,. L: •u L,—,� V revP]WrLT qln MMnV. I7r'p, ,r0 NCG020000 NOTICE OF INTENT FOR AGENCY USE ONLY i Date Received Amount National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: � STORMWATER DISCHARGES associated with activities classified as: C m� SIC (Standard Industrial Classification) Code -14XX Mineral Mining Industry (except cififtd be The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow, i th%slisc stormwater contaminated with or that has come in contact with, any overburden, raw t lal, inter e products, finished products, byproducts or waste products located on the site of such o tiong� • Stormwater from vehicle maintenance activities at mining operations; ao Uu� • Overflow from facilities that recycle process wastewater; and/or} • Mine dewatering (wastewater) The following activities are specifically excluded from coverage under this General Permit: • Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines • NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in -stream sand mining operations (i.e., sand dredging or dipping operations) For new mining sites that require an authorization to construct (A TC) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For existin mining sites that require an Authorization to Operate (ATO) wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires an ATC. (If the site is already covered by NCG020000, the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recce process wastewater (even if commingled with stormwater) at mining sites will require an ATC prior to construction per 15A NCAC 21-1 .0138. Please see the NCG020000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 at the end of this form). For example, an ATC is required for treatment of mine dewatering discharge from clay pits and non -closed -loop wastewater recycle systems. The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 21-1 .0138 & .0139. Page 1 of 7 tAs per 15A NCAC 2H .0106 2Unless treatment facilities are designed, constructed, and put into operation by employees internal to the company who are qualified to perform such work for their respective companies in accordance with General Statutes, 89C-25 (7), plans and specifications must be signed and sealed by a P.E. 5WU-217-012108 Last revised 1121108 NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the ATC/ATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer (P.E.) or qualified staff2 along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table 1: Wastewater Permit ATCIATO Requirements Mine Dewatering Yes No Quarries — • Sand Pits — • Clay Pits ♦ Any Dewatering with Chemical Treatment ♦ — Process Wastewater Sand/Gravel — • Closed -Loop Recycle — • Other Recycle ♦ — 'Ki For questions, please contact the DWO Regional Office for your area. (See page 7) (Please print or type) 1) Mailing address of owner/operator (address to which all permit correspondence will be mailed): Name Phillip Harrington Street Address 760 Pitts Chapel Road City Elizabeth City Slate NC ZIP Code 27909 Telephone No. 252-335-4520 Fax: 252-338--7656 E-mail Address beargarden@simfiex.com 2) Location of facility producing discharge: Facility Name Facility Contact Street Address City County Telephone No. Pitts Chapel Mine No. 2 Phillip Harrington 120 Sandpit Road _ ElizabethCity Slate NC ZIPCode 27909 Pasquotank _ 252-335-4520 Fax: 252-338-7656- --- -- Contact E-mail beargarden@simflex.com 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection)._�%tx-3csville Fdd(NC 34) to Pitts Chapel Pcad (,cR 1169) 0.8 mile to Sand Pit Rcxad. Site entrance is atTruxirrately 1000' off paved rand. 4) Latitude 360 151 Longitude 76 0 12 ' (degrees, minutes, seconds) 5) This NPDES Permit NOI Application applies to which of the following: ® New or Proposed Facility ❑ Existing ❑ New Permit not applicable - ATC request only Date operation is to begin 5 / 08 NPDES Permit Number Page 2 of 7 5WU-217-012108 Last revised 1/21108 NCG020000 N.O.I. 6) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 1 4 4 2 7) Provide a narrative description of the types of minerals mined at this facility: topsoil and sand 8) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: 1 Mine dewatering: 1 Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: all stormwater runoff from mining areas will be routed into the mine. The mine will be dewatered_by pumping into a sediment pond that will discharge into an existing ditch onsite. Buffer areas and other areas continuing to be farmed will drain through the p_Xi sti na ditchh system. 9) Receiving waters: What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater and/or wastewater discharges end up in? Newbegun Creek If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). N/A Receiving water classification (if known): C SW Note: Discharge of process wastewater to receiving waters classified as WS-II to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If'DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges f process wastewater are permitted in receiving waters classified as WS-i or freshwater ORW. 10) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? IN No ❑ Yes If yes, please provide information about any 404/401 Certification permits. Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and implement an Operation and Monitoring (O&M) Plan that has been approved by the Division. The O&M Plan should be submitted to the Regional Office and must be approved prior to operation. The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. 11) Does this facility already have a valid Mining Permit from the Division of Land Resources (DLR)? ❑ No (If not, please indicate the status of the Mining Permit application: } 13 Yes If yes, please provide the Mining Permit number and include a copy with your application: 70-32 Note: DWO cannot issue a COC for the NCGO20000 General Permit until a Mining Permit is issued or renewed by the Division of Land Resources (DLR). Page 3 of 7 SWU-217-012108 Last revised 1/21108 NCG020000 N.O.I. 12) Will this mining operation precede development activities at this site? ® No ❑ Yes 13) Does this facility have any other NPDES permits? 0 No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 14) Does this facility have any Non -Discharge permits (ex: recycle permits)? ® No ❑ Yes It yes, list the permit numbers for all current Non -Discharge permits for this facility: 15) Does this facility employ any best management practices for stormwater control? 9 No ❑ Yes If yes, please briefly describe: 16) Does this facility have a Stormwater Pollution Prevention Plan? n No ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this facility? No ❑ Yes Wastewater Treatment Facilities: 18) Will mine dewatering discharges occur? (ATC/ATO required for clay pits or dewatering with chem. treatment) ❑No ®Yes 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless sand/gravel mining or closed -loop recycle system) 12 No ❑ Yes If yes, answer the following questions on the wastewater treatment system: Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. (Use separate sheet(s)] Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see http:/Ih2 .enr.st te.nc.us/ws/PAMS list.htm for a list of approved polyacrylamide (DAMS) products for use in North Carolina. Page 4 of 7 SWU-217-012108 Last revised 1/21/08 NCG020000 N.O.I. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? ❑ No 13 Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, pe?>5 5A NCAC 2H .0219.) N/A - Dewatering from satid mine to sediment; pond. ��fQ y.,�1� 21) Hazardous Waste: 2 a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ®No ❑Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? ®No ❑Yes c) Is this facility a barge Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ®No El Yes d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: 1 Name of transport 1 disposal vendor: Vendor address: 22) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the [Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. agree to abide by the following as a part of coverage under this General Permit: 1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 5 of 7 SWU-217-012108 fast revised 1121/08 NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Name of Person Signing: Phillip W. Harrington Title: Owner y[) 31/6/o8 (Signature of Applicant) (Date Signed) Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. Final Checklist This application will be returned as incomplete unless all of the fallowing items have been included: ❑ Check for $100 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy of the valid approved mining permit (MP) for the facility or indication of MP application status ❑ Copy of a county map or other general location map that shows the mining site and nearest major roads ❑ Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly shows site location in relation to nearby streams, wetlands, and other waters, etc. ❑ Copy of mining site plan with all wetlands clearly delineated ❑ If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional office about an O&M Plan (contact information on the next page). Please refer to this O&M Plan checklist: ✓ Site map with wetlands, ditches, well -placements, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process areas, and access roads. ✓ Well information (design, depths, maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, if applicable ✓ Details about dewalering method ✓ Description of measures to prevent erosion and flooding ❑ If an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed, and dated by a P.E. ATC and ATO requirements in NCG02000 are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, including the location of the outfall(s). If stormwater is flowing off -site, the plan must show that stormwater will not be mixed with wastewater. Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 6 of 7 SWU-217-012108 Last revised 1/21/08 NCG020000 N.O.I. For questions, please contact the DWQ Regional Office for your area. DWQ Regional Office ContpAlInformation: Asheville Office ...... (828) 296-4500 Fayetteville Office ... (910) 433-3300 Mooresville Office ... (704) 663-1699 Raleigh Office ........ (919) 791-4200 Washington Office ...(252) 946-6481 Wilmington Office ... (910) 796-7215 Winston-Salem ...... (336) 771-5000 Central Office .........(919) 733-5083 Page 7 of 7 SWU-217-012108 Last revised 1/21108 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Pitts Chapel Mine County Pasquotank River Basin ntank . Latitude(dd.mift.ss _369 5' Longitude (dd.mm.ss) 760131 2. Name of Applicant*_ Bear Garden, _ Inc. Permanent address for receipt of official mail** 760 Pitts chami Poad F1i zabet Ci tj, N2_ 27909 Tel ephone(2_�2)-335452CL, = Telephone(252)3-3-5--4520 Mine Manager Phjjj;n r-�„-,--; We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature �`] - Date July 16, • 2007 Print Name Title—ma.�.e.Y This will be the name that the mining permit will be issued to and r.QQlawation that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. ** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a c7mpl= application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department- All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING PERMIT W NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses mt-st be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): �_2n Of this acreage, how much is owned and how much is leased? Acres owned: Y, an Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application fora MQDIEICATIO to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: _ Does the modification involve acreage withiu the previously approved permitted boundary? Yes— No_. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage o=idthe previously approved permitted boundary? Yes. No_ If yes, indicate the additional acreage to be covered'by this modification: I (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes_ No,_._. (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d: If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by -the existing permit: Mining Permit No.: Total permitted acreage: ■ 'SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR TI=IE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Tops�ij.,_ Mining method: Hydraulic Dredge Front-end Loader & Truck x_ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) exr-at-er -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet). `25, Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) _ nar.� TY9 - - - b. Expected average depth of mine (feet) _ 2,51 _ 5. Has any area(s) at this site been mined in the past? Yes Now If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum):_lo B . MAPS 1. Clearly mark and label the location of your mining operation on six-((D--cQ.phs of a 7.5 minute quadrangle and a county highway map. These maps, in addition to sixjo cQpies of all mine maps and reclamation maps, must be submitted with each permit application. — 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 — County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and aropriately scaled drawings, aerial photographs or enlarged topographic maps,of the entire mine sitepp. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (appro)dmate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, -f a_minirn`um: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes_ j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjouubg tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the Iessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: I. Name of applicant 2. Name of'mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised $. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit, A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles 2.67 Wastepiles p Processing Area/Haul Roads 2.83 Mine Excavation 15.47 Other 3.93 *other includ s dcamage swales and are3z within the affected area that are not desiccated to be used for any major aspect of the mining oration. NOTE, IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as' needed. 1. obtain plan approval 2. datain ODunty Oval 3. construct haul road 4. strip tcp soil 5. begin mining operations 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. A gravel ocstructien entrance will be installed adjacent to the edziting roadway prior -to aanstructicn of the haul rand. the new ditch along the western permit barmy will be oansw-)cted w/ 3:1 sideslonas and a check dam to xovent-offsite rent. All nmff will be routed to the mine excavation, the excavation areas will be deaatered by p-uping into the sediment basin. the sedirEnt basin will drain to an exisitng ditch where another check dam will prevent off site scdirrrentation. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes Now_. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes _ x No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). the water frm dew atering the mime will pass through a sediment basin bore entering exisitng cr-aiange mutes that gain d=igh wetlands of %ubegLn C eek- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No_..._. H yes, do you intend to dewater the excavation(s)? Yes x No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day:- n.00 ._. Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. Dgwter" will be dine by pt-rrping free pad to sediment basin. T,,ere are no w33-]s within 500' of the site. 'Ile area is served by the pasqwtank water system. withdrawl quality is bid on the mine operators experienoa in utilizing a 1000 gpn txrtp for up to 6 hags a day to maintain the pit. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) From the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than I00,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than I00,000 gallons per day. ar-y of the application for the MES permit is enclosed. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No_x_. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Tank tro& with spray w . -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any minting permit boundary or right-of- way. It may be an unexcavated buffer (no excavation,- but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). 100' f= mining permit bardary and 300' fran the rest residential structure as required by Pas�otank cainty's orr3inax — b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the raining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). There are no natural waters aTses or �tlands on or directly ad3ac2nt to the mining permit baxdary. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Stockpile slopes will not exceed 2:1 and the excavation, slopes will not exceed 3;1, setbacks will also protect adjoining a r ers . APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. see aurae aap c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be, provided on the mine map(s). stockpile 2:1, Finished pond 3:1 d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. A 300' Duffer will be maintained fi= residential struc0i . 8. Describe what kind of barricade will be used to prevent inadvertent public access along any nigh wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). side slopes on mires area will not exceed 3:1 for safety reasons. SetLaeks will also protect adjoining rs. r 1 r APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes— No x How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees; bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross - sections through all proposed berms or proposed spacings, sizes and species for tree plantings. Setbacks reWired by aDmty are shown cn plans. b. Could the operation have a significantly adverse effect on the purposes of a.publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? 11. Will explosives be used? Yes No`"_. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mme's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes— Now. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Reclaimed area will be sloes to 3.1 above cater level and pord will be stocked with fish for rational use. See mine iW 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes x No . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must beat least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes x No I. If yes, specify species. See mine map bass, bream, catfish 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable .permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. i\b rock on site -11- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. All areas will be leveld and seeded to specs shown cn the perm t: aap. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. �b processing facitites on site, stoc}piles will be removed or spreas on site. Pbx1ay will remain for aces. b. Will any on -site roadways be left as part of the reclamation? Yes_x No If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. At this time, not sure where they will be. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off -site genrewaste, shall be. disposed of on the mine site without ImLu written approval from the NC Department of Environment and Natural Resources, Land Quality Section nit either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map (s) and reclamation map, along with a list of items to be disposed in said areas. [b c-este will be stored or disposed of on site. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for_y-car-rou��, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Envirorunent and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Typem Secdi gl)atest Seedg12aP.5-t �L0 MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): WA and/or ref n plan ap rov �T- Revege�2'Signa Date Print kme-�!-- �4• ��. ��• •.e— W`maw �[•u �t�� �� ��� t•_ 0.r66_•_s. t ' .► u: .•..^WMI. �� i* as •. !•,� e! ��.. e.� w -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $S, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Pleau,�Ctsert the apRrox ate creage, for fig e -4& Qt tz mining en rmit an AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: .44 Ac. X $ 50C).00 /Ac. = $ 220.00 Stockpiles: 2.67 Ac. X $ JBM.-W /Ac. = $ 4806.00 Wastepiles: n Ac. X $ n /Ac. = 4 Processing Area/Haul Roads: 2.83_ _ Ac. X $ 18CO.00 /Ac. = $ 5094.00 Mine Excavation: lgi_47 Ac. X $ _5m-(Q... /Ac. = $ 35.00 Other: 3.93 Ac. X $ 500-00 /Ac. = $ 1965-00 TOTAL AFFECTED AC.: ?4 q1 Ac. ( TOTAL PERMITTED AC.: 26_�n Ac.) Tt-,mnorary & Permanent Sediznet�i,�nEr�s'on otrol Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ i op2o m Infl�c�:. 0.02 X SUBTOTAL COST: $ 396 4n X Permit Life (I to 10 years):._.10.... INFLATION COST: $ 3964.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $_ :22p,4_cn _ Total Reclamation Bond Cost:. $ 2-�700-M (round down to the nearest $100.00) -14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is -not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in -advanc-c by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: TIDS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MIlgING PERMIT TO ADD LAND TO TIRE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that -- Phi 11 i n Fhrri rgt- _ has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit (b) a modification of an existing surface mining permit to add' land to the permitted area El The applicant proposes to mine sar]d &_Lq=il _ ^ on �. _ 2 - acres located + 6 (Mineral, Ore) (Number) (Miles) so ;r t- of Eli city off/near road (Direction) (Nearest Town) in _a nk County. sr 1669 (Number/Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING AD.IOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary, if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine'that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For- iuformadQn- egaEdiugAh-e C 2 5 2) 3 3 5 -4 5 20 -.,For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note -that tl� Depart=n will_onside - ny relevant Written ' ns of the Mining.._,,�ct of 197Lt�Zu�hou�._.t the a_p�iratilon revi� process )ntil a fin_al- dec'si ion is-maden the apphcation. 760 Pitts Chapel Road EC, NC 27909 (Addressee/Owner of Record's Name and Address) July 16 2007 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- (Name of Applicant: Include Contact Person & Company Name, if Applicable) 760 Pitts_Chapel Road EC,NC 27909 (Address of Applicant) APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1; I'hi.11ip Elarrinctm , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both'public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) [City Manager, County Manager, Mayor, etc.] (Address) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513 .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Icant or Agent 7u .Y 16, 200 Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ; (title of person executing Affidavit) —Manager I,�C`�10 �r,n S• , a Notary Public of the County of Q , State of North Carolina, do hereby certify that personally appeared before me this day and under oath acknowledged that the Aove Affidavit was made by him/her. Witness my hand and notarial seal, this �day of Notary: My Commission expires: �- MARIANNE J. COOPER _ 17 - NOTARY PUBLIC PASQUOTAKX COUKTX KC V 5 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections *or investigations as may be reasonably required in the administratlon of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature: Print Name: —phi-I-Lip-Harringtm Address:, -71?W— chapal Rmd Telephone: �(252) 33"522 APPLICANT: Signature: Print Name: _ Fhillip FbrrksLw Title:. Ma_n!ger •-f Mine Name: Pius 0-a�e1 mne *Signature must be the same as the individual who signed Page 1 of this application. �i fGl copies oft c�om 1p e�pp�i at ,� x copies of all location map m e-maps-and- c anmfiom Maps, a-ncl_ a appropylate urocessiug-fu (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must he sent to the Land Quality S-(,, tion Centr l ��e at the address listed on the front cover of this application forin. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. MINING A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: TYPE ACRES NEW PERMIT MAJOR RENEWAL MODIFICATION Clay 1 but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand & 1 but less than 5 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Sorrow Pits 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, 1 but less than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat & 1 or more 2500 500 500 Phosphate Gold (Heap Leach), 1 or more 2500 500 500 Titanium & Others A nonrefundable $50.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. 1012000 -i9- i N O t Francis M. Nevus, Jr., P.E. Section Chief Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-161.2 Shipping Address: Land Quality Section 512 North Salisbury Street Raleigh, NC 27604 LAND OUALITY SECTION HEADOUARTERS James D. Simons, P.G., P.E. - Chief Engineer David H. Ward - Sediment Specialist ? - Assistant Sediment Specialist Tracy E. Davis, P.E. - Mining Specialist Judy Wehner - Assistant Mining Specialist ? - Assistant Mining Specialist ? - Dam Safety Engineer Tami Dodd, E.I. - Assistant Dam Safety Engineer James Caldwell, E.I. - Assistant Dam Safety Engineer Caroline Medlin, E.I.- Sediment Education Specialist Tabitha Brown - Sediment Education Intern Secretaries Wendy Sposto - Lead Secretary Stephanie Lane - Sediment & Dams Susan Edwards - Mining LAND QUALITY SECTION REGIONAL OFFICES Courier - 52-01-00 Telephone: (919) 733-4574 FAX No.: (919) 715-8801 Greg Taylor - LAN Coordinator ASHEVILLE MOORESVILLE WINSTON-SALEM RALEIGH RICHARD PHILLIPS, P.E. DOUG MILLER, P.E. MATCHEW GANTT, P.E. JOHN HOLLEY, P.E. Interchange Bldg. 919 North Main Street 585 Waughtown Street 3800 Barrett Drive 59 Woodfin Place Mooresville, NC 28115 Winston-Salem, NC 27107 Raleigh, NC 27609 Asheville, NC 28801 COURIER - 13-15-01 INTEROFFICE COURIER - 12-59-01 COURIER - 09-08-06 (336) 771-4600 (919) 571-4700 (928) 251-6208 (704) 663-1699 FAX # (336) 771-4631 FAX # (919) 5714718 FAX # (828) 251-6452 FAX # (704) 663-6040 Alamance A.11eghany Ashe Chatham Durham Edgecombe Avery Buncombe Burke Alexander Lincoln Caswell Davidson Davie Franklin Granville Halifax Caldwell Cherokee Clay Cabarrus Mecklenburg Forsyth Guilford Rockingham Johnston Lee Nash Graham Haywood Henderson Catawba Rowan Randolph Stokes Surry Northampton Orange Person Jackson Macon Madison Cleveland Stanly Watauga Wilkes Yadkin Vance Wake McDowell Mitchell Polk Gaston Union Warren Wilson Rutherford Swain Transylvania Iredell Yancey FAYETTEVILLE WILMINGTON WASLU iGTON WILLIAM (TOBY) VINSON, P.E. DAN SAMS, P.E. FLOYD WILLIAMS, P.G. 225 Green Street 127 Cardinal Drive Ext. 943 Washington Square Mall Suite 714 Wilmington, NC 28405-3845 Washington, NC 27889 Fayetteville, NC 28301 COURIER - 16-04-01 COURIER - 14-56.25 COURIER - 04-16-33 (252) 946-6481 (910) 486-1541 (910) 395-3900 FAX # (252) 975-3716 FAX # (910) 486-0707 FAX # (910) 350-2018 Beaufort Bertie Camden Chowan Anson Montgomery Scotland Brunswick New Hanover Craven Currituck Dare Gates Bladcn Moore Carteret Onslow Greene Hertford Hyde Jones Cumberland Richmond Columbus Pender Lenoir Martin Pamlico Harnett Robeson Duplin Pasquotank Perquimans Pitt Hoke Sampson Tyrrell Washington Wayne REVISED 03/2002 SCHEDULE OF RECLAMATION COSTS 10/2000 . applicoa.ach.wpd ' r Based upon range of 500 - $5,000 i2er affected acre COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophylli.te, OL Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T S Ponds S. iles W. iles P.area H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, . DS, 500 (L) 1800 2000 2000 500 (•L) FS, MI, 1500(FI) 2500(PD) LI , PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE -COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) MULCH -AND ANCHORING COSTS PER ACRE ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 1,000 copies of thin public document were printed at a cost of $845.81 or $.85 per copy. 4/2002 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- " 0700�► t� Chap eI -7 -7o S 57 mine &-- 2, Sued ;. mend- Bo -sin a CalCr,J0L4-i'on S Rec� u_i rid 6u �e 0 , O l bcxt ed, or-) �),e J D y fa.r- Ssfo r np) 0iscrw-q e Prom --h e , e)c00-OX4-tor) w i l) ,be Purim P ed . CL c1 uO it) ��- roe relcJed' fo sforr�n Ve0 7,5 , 7"h ere ;ore- r_rr� I,o0 rn , +6 !. eCt e-Fs. - .- a . ID3 CA5 449���, <�3x43ss =970,s�P- i f Fq V-1' relit Wv s ne. = I g60.43 pltf- cx,%m a c&e-d X" ;n C4D� 2, SF" 0� 3,6 Z�-t.e.PG � �'� ct, i re.Cf ✓01 u,ri�, HYMAN ■� ROBEY■ July 10, 2008 Stormwater and General Permits Unit Division of Water Quality Attn: Jennifer Jones 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Revisions to the NPDES Permit Application For Pitts Chapel Mine No. 2 Project # 070057 COC NCG020727 Dear Jennifer, Per your email dated June 20, 2008 and our subsequent conversations, please accept my response, a copy of the mining permit application, and two copies of plans revised to help address your questions. My responses are numbered to correspond with the numbers of your questions. 1. The maximum dewatering rate for the site will be 360,000 gpd. See 3.c. on page 7 of the mining permit application. 2. The sediment basin was sized according to Section 6.60 of the Erosion and Sediment Control Planning and Design Manual. Calculations are attached. 3. As stated in 8) on page 3 of the NPDES permit application. There will only be 2 discharge points from the affected area. One will discharge stormwater from existing ditches that will be rerouted due to construction of the mine. The other will discharge water from the sediment basin. All runoff from the haul road will be directed into the excavation. Water will be removed from the excavation using a pump that will discharge into the sediment basin. The plans have been modified to help clarify. 4. The rate for spraying the haul road and stock piles will vary as necessary. All water used for this spraying will be provided by a tank truck with spray bar and hose attachment. Runoff is not expected as the operator of the truck will use only enough water to sufficiently control dust. 5. The site is relatively flat. Existing grade contours have been added to the revised plans enclosed. 6. There is no berm around the haul road. The haul road will be sloped to drain into the excavation. The plans have been modified for clarification. 7. Sediment cleanout is per the Erosion and Sediment Control Planning and Design Manual. The detail for the check dam indicates that sediment shall be removed when it reaches 113 the height of the dam. The detail for the sediment basin has been modified to indicate that cleanout is required when the sediment reaches 112 the design depth of the basin. Sincerely, U Kimberly D. Hamby Sr. Project Manger Cc: Phillip Harrington file HY�BE SOLUTIONS FROM THE GROUND UP March 10, 2008 Stormwater and General Permits Unit Division of Water Quality Attn: Jennifer Jones 1617 Mail Service Center Raleigh, NC 27699-1617 Subject: Revisions to the NPDES Permit Application For Pitts Chapel Mine No. 2 Project # 070057 COC NCG020727 Dear Jennifer, Per your letter dated February 11, 2008 and our conversation, I have enclosed the following information for your review. 1. One original of the executed application SWU-217-012108. 2. One set of the plans for the proposed mine. Thank you for your assistance with this project. If you have any questions concerning this submission, please do not hesitate to call. Sincerely, Kimberly D. Hamby Sr. Project Manger Cc: Phillip Harrington file Re: NCG020727 Follow-up questions r Subject: Re: NCG020727 Follow-up questions From: Jennifer Jones <Jennifer.Jones@ncmai1.net> Date: Mon, 30 Jun 2008 10:22:32 -0400 To: Kim Hamby <kim@hymanrobey.com>, "Jennifer.Jones@ncmail.net" <Jennil'er.Jones@ncmail.net> Hi Kim, I am sorry to ask more questions but I needed to look over the site plan again when you turned in the delineation. I looked over the site plan and talked with another engineer here and Jeff at the regional office and we wanted to make sure we had all of our questions answered. These questions should not be too difficult to answer - just some basic questions about your site. If you need more time please let me know in writing the date you anticipate - an email would be sufficient. Jennifer Kim Hamby wrote: Sorry, Jennifer. I was on vacation when the email came in. I am a little confused as 1 thought all necessary questions had been answered. I do plan to respond by the 7^th , although it's going to be difficult. I am in the middle of the biggest project we have ever completed being prepared to go to bid on Wednesday. I'll have to pull the file and research the project again on Wednesday or Thursday. -----Original Message ----- *From:* Jennifer Jones[mailto:Jennifer.Jones@ncmai.l.net] *Sent:* Monday, June 30, 2008 9:52 AM *To:* Jennifer.Jones@ncmail.net *Cc:* Kim Hamby; Jeff Manning *Subject:* Re: NCG020727 Follow-up questions Hi Kim, I am just emailing because I had not heard from you. If you can please reply to let me know that you have received my previous email from 6/20/06 and if you will or will not be able to respond by *Monday, July 7th* I would appreciate it. If you have any other questions or concerns please let me know as soon as possible. Jennifer Jones Jennifer Jones wrote: Hi Kim, Thank you again for the delineation. I was doing a final review of your permit application and I just had a few more questions. I wanted to be sure I addressed all the potential questions anyone might_ ask about your permit application. All if this information can be emailed to me. 3( 610 " 1. What is the max. dewatering rate that you plan for this site? &--._ htitn.c ,% �&VW 2. What kind of information do you have, or have calculations that show you will meet effluent limits? Please provide your calculations for these including sediment pond size and settling time equations. 1 of 3 6/30/2008 10:22 AM Re: NCG020727 Follow-up questions r 3. Outfalls: a) How many outfalls do you have? Because there are so many existing ditches it appears you could have as many as 9 outfalls. Please describe how many you have U and number) and describe what runoff and/or wastewater will be coming from each outfall/. b) Please provide a map showing numbered outfalls. You can email me a pdf of your site map with numbered outfalls if you have one. 4`. What is the volume/rate will you be spraying sand piles to control dust and what is the amount of anticipated runoff from this? —" Cj M �1/1-��kt 4. 5. There are no topolines on your site map. � a) Are there any or is it completely flat? If there are any please provide. You can combine this with the map in U above if you choose to. 6. Is there a berm around the road? Where is the runoff from the road being directed? Some appears to be draining out to existing ditches.,, 7. What is your sediment clean -out schedule? Please provide for the pond and the check dam. How and how often will the check dam be cleaned out? T assume you already have the answers to most, if not all of these questions from your DLR application. Please provide these answers in 2 weeks - by *Monday July 7th.+ If you have any other questions or concerns please let me know as soon as possible. Thank you, Jennifer Jones &rf Jennifer Jones Environmental Engineer NCDENR I DWQ � Stormwater Permitting unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 733-5083 ext. 591 Fax: (919) 733-9612 Email: jennifer.jones@ncmail.net<mailt:o:jennifer.jones@ncmai.l.net> Website: http://h2o.enr.state.nc.us/su/storaiwater.htmi Jennifer Jones Environmental Engineer 2of3 6/30/2008 ] 0:22 AM Re: NCG020727 Follow-up questions r . NCDENR 1 DWQ I Stormwater Permitting Unit 1617 Mail. Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 733-5083 ext. 591 Fax: (919) 733-9612 Email: jennifer.jones@ncma.i.l.net<mailto:jennifer..jones@ncmail.net> Website: http://h2o.enr.st-ate.ne.us/su/stofmwater..html Jennifer Jones Environmental Engineer NCDENR I DWQ I Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 733-5083 ext. 591 Fax: (919) 733-9612 Email: jennifer.jones@ncrnail.net Website: littp://h2o.erlr.stat:e.nc.us/su/s,:or;riwater.li,-riil- 1 3 of 3 6/30/2008 10:22 AM -ram '1,1 Z- -,w 'Yo.'' " NCDENR North Carolina Department of Environment and Natural Resources Division of land Resources Land Quality Section . James D. Simons, P.G., P.E. Director and State Geologist October 10, 2007 CERTIFIED MAIL_ RETURN RECEIPT REQUESTED 7002 3150 0003 7044 2167 Mr. Phillip Harrington Bear Garden Inc. 760 Pitts Chapel Road Elizabeth City, North Carolina 27909 Re: Pitts Chapel Road Mine No. 2 Pasquotank County Pasquotank River Basin Dear Mr. Harrington: Michael F. Easley, Governor William G. Ross Jr., Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mininct Permit No. 70-32 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971, This permit expires on October 10, 2017. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 36.20 acres and the amount of land you are approved to disturb is 24.91 acres. As we have received the $30,000.00 Assignment of Savings Account issued by Gateway Bank, I am returning the $23,700.00 Assignment of Savings Account issued by Gateway Bank previously submitted with the application. 1612 Mail Service Center, Raleigh, Borth Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity ti Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper Certified Mail Mr. Harrington Page Two Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, Floyd . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, wlpermit -� Mr. Bradley Bennett-DWQ, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, wl permit DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the �provisions of G.S. 74--46 through 68, "The Mining Act of 1971," Mining Permit�Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Bear Garden Inc. Pitts Chapel Mine No. 2 Pasquotank County - Permit No. 70-32 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: October 10, 2017 Page 2 In accordance. with the application for this mining permit; which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until October 10, 2017. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. T Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected'fand and to preserve the integrity of the natural watercourse or wetland. 1 r B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any fake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the approved sediment pond. C. Mining activities shall occur as indicated on the mine map dated May 22, 2C07, and the supplemental information received by the Land Quality Section on July 28, 2007. 5. All affected area boundaries (24.91 acres) shall be permanently marked at the site on 100-foot intervals unless the fine of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion". Page a 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 100 foot undisturbed) shall be maintained between any .. excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in_a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5, verification that a permanent vegetative groundcover will be established. Page 5 • ' ` 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $30,000.00 Assignment of Savings Account (of which $29,900.00 is required for this site), is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Minting Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated . materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuratiod,which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service, 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. - RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 M 3 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. Reveaetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime - 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer - 1000 ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. . .a Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 10t� day of October, 2007. W FAI NVA , M—A 90 1 N James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Bear Garden Inc. to conduct mining activities off SR 1669 (Pitts Chapel Road) in Pasquotank County. The mining permit (no. 70-32) was issued on October 10, 2007. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 1508-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved parry within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 1506-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a. petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. J me D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on 01 Brenda Harris Mining Program Secretary 7LINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Pitts Chapel Mine County_2Asquotank River Basin Mark- -_ Latitude(dd.nun.ss)°�f 2. Name of Applicant*_ Bear Garden Longitude (dd.mm.ss) 76°13' Permanent address for receipt of official mail** 76D Pitts chapel Pted_ Telephone___(52 �-�2a..�- � - rrI • •!.r^ :ems -s- A �. ��r Telephone (252.)33--,452-0. 5. Mine Manager_ a,; u ip a-,=jn4tcn We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Print Name �ip 9arrLqgtQR Title__. Date_'July 16, -2007 This will be the name that the mining permit will be issued to and. the name that must be indicated on the reclamation bond (security) that corresponds to this site. �* The Land Quality Section must be notified of any changes in the permanent address or telephone number. ** Signature of company officer required. 1S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt if a Q mpl= application or, if a public hearing is held, within 30 days following the hearing and the filing of .ny supplemental information required by the Department.. All questions must be addressed mW all required naps provided before this application can be considered complete, Attach additional sheets as needed. Lf . �d APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses mug be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: If this is an application for a NM permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): -36_xz Of this acreage, how much is owned and how much is leased? Acres owned: �n i Acres leased: Property owner if leased: b. If this is an application for RENEWAL. of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application fora MODMICATIQ to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage Within the previously approved permitted boundary? Yes` No_.._. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes_ No_._.. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this. application form entitled Notification of Adjoining Landowners).. . Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes— No— (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d: If this is an application for IRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by -the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: j,, _. 3. Mining method: Hydraulic Dredge Front-end Loader & Truck x Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain) ex vater __ • _ -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) _._._25, Depth is relative to what benchmark? (e.g., narural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine (feet) 25, 5. Has any area(s) at this site been mined in the past? Yes Now If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested (10 years maximum): io 4mac,- B. MAPS Clearly mark and label the location of your mining operation on ssac161 conies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (¢pies of all mine maps and reclamation maps, must be submitted with each permit application. — 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 — County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the. tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to Iocation and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. OutIine and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE_ MAP S CALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) - 4 -- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mute map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles 2.67 Wastepiles 0 Processing Area/Haul Roads 2.83 Mine Excavation 15.47 Ji Other 3.93 *other irr-JL13m dcainage swales and areas within the affected area that are not designated to be usEd for any major aspect of the mining cperation. NOTE: IN.ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE - SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM}. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. I. obtain plant anrovai 2. obtain Cburtty zippy val 3. o—stzuct haul road 4. stria tcp soil 5. begin atining operations 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. A gravel ocnstructicn entrance will be installed adjacent to the exisiting roadaay prior to ca-istruction of the haul raod. The rtew ditch along the western permit ba rdary will be ccnsta=Ed w/- 3:1 sidEslqpes and a dl--a-dam to Prsvmt oft site nadir 'it. All ramoff will be routed to the mine excavation. the excavation areas will 1� be daetered�by ping into the sxbNm—t 15�is.tart inThe"sedint basin will chain to an ex,.sitrg ditch where another check dam will prevent off site ttaticn _ 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No_x If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes x No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). , Th. water from dewaterirg the mine will pass through a sedin basin bore entering fr exisitng chaiarge routes that drain through wet].a-rb of nits CXeek. APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes x No__. If yes, do you intend to dewater the excavation(s)? Yeses No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day:Y:j,rrn . . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water. system or private wells. Dewtering will be cane by pmping from perd to sediment basin. T-rere are M we115 within 500' of the site. qhe area is served th' the pa_�qntank water system. Wi.thdraw2 q_ality is banged on the rwze operators ecperienoe in utilizing a 1000 gpn P P for LP to 6 homes a day to maintain the pit. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Copy of the application for the NE'DES pexmt is enolced. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? Tank truck with spray w h - needed. -7- APPLICATION FOR A NUNING PERMIT 5. ' a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation,- but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). 100' f= minim knit bu-nd3ry and 300' from the nearest residential struc� as required by Pasquotank oanty's ordinance. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). 'There are no natural watercamses or wetlands cn or directly adjacent to the mirwrg pernut ary. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. stockpile slopes will not exceed 2:1 and the excavation slopes will not exceed 3;1, sett C: will also protect adjoining owners• W-C APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. see mine mp c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut -slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). stod�pUe 2 :1, fir ust�d pad 3 :1 d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly, noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N/A 7. , Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are. within 300 feet of any proposed excavation. A 300' buffer will be mintained from residential. structures. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). side sloes en mine area will not exceed 3:1 for safety reascns. Setla3cks will also protect adjoining amrs. APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No x How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross - sections through all proposed berms or proposed spacings, sizes and species for tree plantings. Setba(c- re�uired �y C =ty are slx cn plans. b. Could the operation have a significantly adverse effect on the purposes of a.publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? U-8 11. WiIl explosives be used? Yes No If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes No.x... If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). _10_ APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1.. Describe your intended plan for the final reclamation and. subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Reclaured area will be slcped to 3:1 above ester level arA pore will be stocked with fish for recreaticnal use. See mu-e n-ap 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes' - No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes x No . If yes, specify species. See mine aap bass, bream, catfish 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. lib rock en site APPLICATION FOR A MINING PERMIT 4. Indicate the methods) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. All areas will be 3eveld and seeded to specs sham cn the pe t Rap. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. Ib processing facitites cn site, stockpiles will be retoved or spreas cn site. >ay will resin for amass. b. Will any on -site roadways be left as part of the reclamation? Yeses_ No If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. At this tme, not sure where they will be. 6. Describe -the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off -site generated waste shall be. disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. ND waste will be stored or dim of cn site. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-roundee ding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEA,R-R01TNI? SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] see mires rmp MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): WA RevegV'andj/or re n plan ap rov y:Signa Date — I( �7Print Wit• =. �/. Dry /� '�� t•u a4•� •./ ��/ a. /.r�•.•.•, -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range Of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. PluSe insert theme -acreage_ fnr t2nna,wr you basea upon your maps ana sranaara aciamatron_c_osrs: RECLAMATION RECLAMATION AFFECTED CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: _aa Ac. X $ 9M-M /Ac. _ $ Stockpiles: 2_67 . Ac. X $ .J8QQ-QQ_ /Ac. _ Wastepiles: o_Ac. X $ o /Ac. _ Processing Area/Haul Roads: 2.83 Ac. X $ 1800.co /Ac. _ $ 50964.00 Mine Excavation:_ Ac. X $ /Ac. _ $ L735.Oo Other: 3.9.3 Ac. X $ 5CO-00 /Ac. _ $ z�.00 TOTAL AFFECTED AC.: �i Ac. to ( TOTAL PERMITTED AC.: 2 Ac.) Temporary & permanent Sedimentation_& Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ Inflation Factor: SUBTOTAL COST: $_lawn co 0.02 X SUBTOTAL COST: $ 3%_an _ X Permit Life (1 to 10 years): INFLATION COST: $ 3964.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ �2 - 24 m Total Reclamation Bond Cost:. $ �)7M-m_ (round down to the nearest $100.00) -14- E. DETERhUNATION OF AFFECTED ACREAGE AND BOND � The following bond calculation worksheet is to be used to establish an appropriate board (based upon a range of 5500 to 35, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be a ecred during the life of the mining permit. Please insert the aeproximate calculate your bona jor you basest upon vour ma s and standard reclamation costs: r AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: , yq Ac. X $ 57 -./Ac. _ $ Stockpiles: Q - (#7 Ac. X $ jG33aa /Ac. Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: _Q •� Ac. X $ �aa /Ac. Kline Excavation: 15 Ac. X S �6W /Ac. — S�'�3s� _ Other: _ 93 Ac. X S 1 u° /Ac. — $ TOTAL AFFECTED AC.: R4 A Ac. (TOTAL PERMITTED AC.: 3io r Ac.) Ternnorary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage _ ay ,J Ac. b) Positive Drainage a Ac. X $1,500.00 = $ SUBTOTAL COST: S_ OD Inflation Factor: 0.02 X SUBTOTAL COST: $ 4 X Pernut Life (1 to 10 years): GO INFLATION COST: $JS, a TOTAL COST = SUBTOTAL COST + INFLATION COST = S al Total Reclamation Bond Cost: $ 90D, (round down to the nearest $100.00) r r�rw • a+rarrr r.+.. � 1�•�, €� ons'adopts>:1'pc� euant thereto, then this o erwise It shall remain In full force and effect. Compliance with e e Mining Act of 1971 and applicable Rules and Regulations shall be by the Department. This assignment is made and the _ Certificate of Deposit (passbook, deposit book, etc.) is to be held by the Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorization to _ Gateway -Bank (bank name) to pay said sum to Department on demand by Department. Bear Garden, Inc. By Phillip W Harrington, President (Signature of Applicant) Sworn to before me this 27` El,flFj!�,,i day of September—, 2007 _-Z, -' �': " NOTARY 4 rS Notary Public My Commission Expires 32iZt��-1C ACKNOWLEDGEMENT BY BANK (Affix Sea[) Ill The foregoing Assignment of Savings Account is hereby acknowledged this 27th day of -September _ , 2007. it is further acknowledged that funds in the above mentioned account shall not be disbursed except to the assignee, Depart en of E while the assignment remains in effect. This the - 27th day of _- September , 2007 by M B Cam bell (authorized agent for bank) PO Box 1908, Elizabeth Cite+ NC_27906-1908 - _- (mailing address of bank) Sworn to before me this day of SED• L-MhP.r , 20QJ Notary Public My Commission Expired - B ( P!!ix Seag iR4..1 Rev. Dec 2006 This Assignment, made and entered into the Zitn oay of_a�yiciuoi . . and between _Bear Garden Inc._ —of PO Box 2232 ,applicant) (address) City of Elizabeth City , County bf _ Pasguotank , State of North Carolina and the North Carolina Department of Environment and Natural Resources; and WHEREAS, The undersigned _ Bear Garden, Inc (applicant) (hereinafter referred to as "Operator") is desirous of engaging in mining operations in the State of North Carolina and such mining operations are subject to the provisions of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department of Environment and Natural Resources (hereinafter referred to as "Department") before engaging in mining operations, and NCGS 74-54 requires_that a surety bond in favor of the State be maintained or other security be filed with the Department, in connection with said permit; and WHEREAS, Operator has a savings account in _Gateway Bank (bank name) at 1145 North Road Street City of Elizabeth City - _ County of (address) Pas uotank , State of North Carolina, Savings Account No. 28946 ; and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; NOW, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, transfer, set over to the Department of Environment and Natural Resources }*Twenty-three thousand seven hundred & no/100*'dollars ($23,700.00) of the sums on (dollar amount written) deposit in his name in ^ Gateway Bank _ , City of Elizabeth City (bank name) County of _ Pasguotank _ _ , State of North Carolina, Savings Account No. 28946 and further authorizes _ Gateway Bank (bank name) to pay over to the Department of Environment and Natural Resources the above sum of *Thirty thousand & no/100' _ _ dollars ($ 30,000.00 _ ) (dollar amount written) out of the above money deposit in the above account in his name. Rev. Dec 2006 _.� .., .�.'1 �I. 'i: ii_•. .� _--.� ''i_'.�% ...''t"I.. ,..L.rFf T:M''i�,- VICINITY MAP NTS 1. APPLICANT/OWNER: PHILLIP HARRINGTON 760 PITTS CHAPEL RD. ELIZABETH CITY, NC 27909 (252) 335-4520 2. TOTAL TRACT BOUNDARY: 49.41 AC AFFECTED AREA: 24.89 AC PERMIT AREA: 36.20 AC 3. THIS PROPERTY IS ZONED: 1--1 (INDUSTRIAL) 4. THIS IS NOT A BOUNDARY SURVEY. THIS IS A MINING PERMIT MAP. 5, THIS SITE IS LOCATED FLOODZONE X, & ZONE AE, ACCORDING TO FIRM PANEL MAP 3720892200 J, DATED OCTOBER 05, 2004. 6. 50' BUFFER REQUIRED BY STATE OF NORTH CAROLINA. 100' BUFFER REQUIRED BY PASQUOTANK COUNTY ORDINANCE. 7, ADJOINING OWNERS INFORMATION TAKEN FROM PASQUOTANK COUNTY CIS TAX INFORMATION ON APRIL 24, 2007. NOTE : THIS MAP DOES NOT REPRESENT ANY DESIGN AND IS NOT A BOUNDARY SURVEY. THE PURPOSE OF THIS MAP IS TO ILLUSTRATE PROPOSED CONDITIONS AT THE PITTS CHAPEL MINE. BOUNDARY INFORMATION WAS TAKEN FROM A DEED FOR PHILLIP W. HARRINGTON AND WIFE (DB. 833, PG. 381) DATED 10/10/04. N /F PHILLIP HARRINGTON ENTERPRISES, LLC D.B. 871, PG. 431 ZONED: 1-1 N/F AVA A. COPPERSMITH WILL BOOK 01-E-119 ZONED: A-1 EX. INV. T 5.45 N/F HOLLOWELL FAMILY LIMITED PARTNERSHIP D.B. , PG. ZONED: A-1 N /F BARNHILL CONTRACTING COMPANY D.B. 657, PG. 499 ZONED: 1-1 LEGEND DRAINAGE FLOW DIRECTION CHECKDAM EX. DITCHES/SWALES PROPOSED DITCHES/SWALES - - - - - - - - - - 100' UNDISTURBED BUFFER - — — — — ---- — - 400' SETBACK AFFECTED AREA FLOODZONE LINE WDODSLINE PROPOSED HAUL ROAD ® PROPOSED STOCK PILE EX. ASPHALT EX. DIRT DRIVE STATE MINING PERMIT BOUNDARY - --- EXISTING CONTOURS GRAPHIC SCALE 0 50 100 ( IN FEET ) 1 inch = 100 ft. FZ011i r 150 US Hwy 158 E. PO Box 339 Camden, NC 27921 (252) 338-2913 (252) 338-5552 fax www.hymanrobey.com ���ttlll/If/ I, •• � fI SEAL - 18550�g •NG NE'A C. •• .Rcr" PITTS CHAPEL MINING PERMIT PASQUOTANK COUNTY NORTH CAROLINA KEY PLAN: Project #: 070057 Drawing #: 070057 MINING Drawn: Cl E Checked: KDH Approved: SCR Date: 05/22/07 Sheet #. 1 /3 Sole: 1" = 100' REVISIONS: NUM. DATE DESCRIPTION 1 717/08 ADDITIONAL INFO SHEET TITLE: MINING PERMIT SHEET NUMBER: r r - - - - "TT ;I' � ,r; �, n-••; - --,- -•r> �r- - - �-T--.. � - x -+ r-,-.-.� ��t---- ,--.��r "i'tH ;•-FSt1ff�+'+ 1 L, 0 SEEDBED PREPARATION THE CONTRACTOR SHALL CUT AND DISPOSE OF WEEDS OR OTHER UNACCEPTABLE GROWTH ON THE AREAS TO BE SEEDED. UNEVEN OR ROUGH AREAS SHALL BE SHAPED AND SMOOTHED TO PROVIDE FOR EFFECTIVE SEEDING AND EASE OF MOWING. THE SOIL SHALL BE SCARIFIED TO A DEPTH OF NOT LESS THAN 5 INCHES. CLODS SHALL BE BROKEN AND THE TOP 3--4 INCHES OF THE SOIL SHALL BE WORKED INTO A SEEDBED BY THE USE OF PULVERIZERS, DRAGS, OR HARROWS. THE PREPARATION OF SEEDBEDS SHALL NOT BE DONE WHEN THE SOIL IS FROZEN OR EXTREMELY WET. LIMESTONE, FERTILIZER, AND SEED LIMESTONE, FERTILIZER, AND SEED SHALL BE APPLIED WITHIN 24 HOURS AFTER COMPLETION OF SEEDBED PREPARATION. LIMESTONE AND FERTILIZER MAY BE APPLIED AS PART OF THE SEEDBED PREPARATION, PROVIDED IT IS WORKED INTO THE SOIL. IF NOT SO APPLIED, LIMESTONE AND FERTILIZER SHALL BE DISTRIBUTED UNIFORMLY OVER THE PREPARED SEEDBED AT THE SPECIFIED RATE OF APPLICATION AND THEN HARROWED, RAKED, OR OTHERWISE THOROUGHLY WORKED INTO THE SEEDBED. SEED SHALL BE DISTRIBUTED UNIFORMLY OVER THE SEEDBED AT THE RATE OF APPLICATION SPECIFIED, AND IMMEDIATELY HARROWED, RAKED, OR DRAGGED AS TO COVER THE SEED WITH A LAYER OF SOIL. MULCHING ALL SEEDED AREAS SHALL BE MULCHED. GRAIN STRAW MAY BE USED AS MULCH AT ANY TIME OF THE YEAR. MULCH SHALL BE APPLIED WITHIN 24 HOURS AFTER THE COMPLETION OF SEEDING. CARE SHALL BE TAKEN AS TO PREVENT DISPLACEMENT OF SOIL OR SEED FROM THE SEEDBED AREA DURING MULCHING OPERATIONS. MULCH SHALL BE UNIFORMLY SPREAD BY HAND OR MECHANICAL SPREADER. AN ACCEPTABLE APPLICATION WILL BE THAT WHICH WILL ALLOW SOME SUNLIGHT TO PENETRATE AND AIR TO CIRCULATE BUT ALSO PARTIALLY SHADE THE GROUND, REDUCE EROSION AND CONSERVE SOIL MOISTURE. MAINTENANCE AREAS WHERE SEEDING AND MULCHING HAVE BEEN PERFORMED SHALL BE MAINTAINED IN SATISFACTORY CONDITION UNTIL ACCEPTANCE OF THE PROJECT BY THE OWNER. AREA OF DAMAGE OR FAILURE DUE TO ANY CAUSE SHALL BE REPAIRED OR REDONE AS NECESSARY. SEEDING & MULCHING TYPICAL DITCH OR SWALE THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE REQUIRMENTS OF THE EROSION AND SEDIMENT CONTROL STANDARDS AND SPECIFICATIONS OF THE DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT. SOIL EROSION AND SEDIMENTATION CONTROL MEASURES SHALL BE PROVIDED ON ALL AREAS OF THE SITE WHICH ARE DISTURBED OR GRADED. CONTRACTOR SHALL PROVIDE GROUND COVERS (SEE SCHEDULE BELOW) WITHIN 30 CALENDAR DAYS AFTER COMPLETION OF CONSTRUCTION WITHIN THE SPECIFIC AREAS. THE CONTROL MEASURES SHALL BEGIN PRIOR TO ANY LAND DISTURBING ACTIVITY INCLUDING CLEARING; SHALL CONTINUE DURING THE CONSTRUCTION AND SHALL CONTINUE NTH THE NECESSARY MAINTENANCE UNTIL THE DISTURBED LAND IS STABILIZED. COMPLIANCE WITH LOCAL AND/OR STATE SOIL EROSION AND SEDIMENTATION CONTROL LAWS SHALL BE THE ENTIRE RESPONSIBILITY OF THE CONTRACTOR. THIS PARAGRAPH IS INTENDED TO SERVE ONLY AS A GUIDE TO THE CONTRACTOR FOR COMPLIANCE WITH SUCH LAWS. ORDERS, RULES AND REGULATIONS CONCERNING EROSION AND SEDIMENTATION CONTROL PROTECTION OF EXISTING STRUCTURES AND FACILITIES FROM SEDIMENTATION SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. ITEMS TO BE PROTECTED SHALL INCLUDE, BUT ARE NOT LIMITED TO CATCH BASINS, NATURAL WATERWAYS, DRAINAGE DITCHES, WALKS, DRIVES, ROADS, LAWNS, AND STREAMS. EROSION CONTROL MEASURES SEED MIXTURE RATE OPTIMUM PLANTING DATES 1. KENTUCKY 31 FESCUE 5 #/1000 SF MAR. 15 - MAY i AUG. 15 _ OCT. 15 2. COMMON BERMUDAGRASS 2 #/1000 SF MAY 1 - JUNE 30 (HULLED) 3. PEARL MILLET 2 #/1000 SF MAY 1 - OCT. 1 4. FESCUE 5 #/1000 SF OCT. 15 - MAR. 15 SEEDING SCHEDULE POND 12" - #57 SURFACE OF WASHED STONE BERM SEDIMENT POND 5' MAX. 5' MIN. ooaoopp`oa� 3.5' O°e ap0o 0O4 °aO`4 boo eb o00 00° opo°pa `Z•, p0000°ooaa°apooaoe' opo°000 s _ ,o9°aba op?�00°.°o?oO9�oa< T FILTER CROSS SECTION FABRIC SEDIMENT SHALL BE REMOVED WHEN IT ACCUMULATES TO 1/2 THE DEPTH OF THE BASIN. CLASS "B" EROSION CONTROL STONE 5' MAX. -f—FILTER_J FABRIC DAM SECTION NTS SEDIMENT BASIN NTS A. NCDOT #5 OR #57 WASHED STONE SHALL BE USED. PAD TO BE 50' X 20' X 6" DEPTH MIN. B. TURNING RADIUS SUFFICIENT TO ACCOMODATE LARGE TRUCKS TO BE PROVIDED. C. ENTRANCE(S) SHALL BE LOCATED TO PROVIDE FOR MAXIMUM UTILITY BY ALL CONSTRUCTION VEHICLES. D. PAD MUST BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD ONTO STREETS. PERIODIC TOPDRESSING WITH STONE WILL BE NECESSARY. E. ANY MATERIAL WHICH IS TRACKED ONTO ADJACENT ROAD SHALL BE REMOVED IMMEDIATELY. h C X. v 4o'- TEMPORARY GRAVEL CONSTRUCTION ENTRANCE NTS CLASS "B" EROSION CONTROL STONE 7 Do I O p0< FLOW CLASS "B" EROSION CONTROL STONE STONE DEPTH - 22.5" SEDIMENT DAM 30' TOP OF BANK 4 bb�� Of a DITCH BOTTOM 14 a elno�' m d TOP OFIBANK I" EROSION CONTROL STONE DEPTH TO FLUSH WITH OF DITCH YER OF FINE GRAVEL OR WOVEN GEO-TEXTILE RIP -RAP OUTLET APRON NTS HAUL ROAD (SLOPED TO DRAIN INTO MINE EXCAVATION) PILE PROPOSED SWALE (GRADED TO DRAIN INTO MINE EXCAVATION) 01 TOF SECTION 150 US Hwy 158 E. PO Box 339 Camden, NC 27921 (252) 338-2913 (252) 338-5552 fax www.hymanrobey,com LAYER OF #5 WASHED STONE 12" THICK TOP OF DITCH BANK `,tttttttt",rr����i .9 S e p0000 SEAL 1 Bo �� OF DITCH °���°�°�°� �� 18550 '; � � c°oo°oQ000000°opoQo r op00000000boOoaoOp4` O O O O O O b 0 0 0 0 09OOOOpOOOOOOOOOO°O0000400� ' r�4:�• `� � •• O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O b 0 0 0 0 0 0 0 L b OOOOOOOOp0000Op000°0°p` O O O 00000000OG I •+�C �•�•...•.•� � ,�� �I iQ,{, +/yI I C.E 000000. i��r llttt+�� PROFILE CLASS B STONE REMOVE SEDIMENT WHEN IT ACCUMULATES TO 1/3 THE HEIGHT OF THE DAM PITTS FILTER DAM IS TO BE IN PLACE UNTIL GRASS IS ESTABLISHED IN BOTTOM OF DITCH SUFFICIENT TO PREVENT EROSION CHAPEL MINING CHECK DAM DETAIL PERMIT NTS t PROPOSED `r�O,�E` EXCAVAT10iY CROSS SECTION A - A HAUL ROAD (SLOPED TO DRAIN INTO MINE EXCAVATION) —L EX. GRry Fj- PASQUOTANK COUNTY NORTH CAROLINA KEY PLAN: Project #: 070057 Drawing #: 070057 MINING Drawn: CLE Checked: KDH Approved: SCR Date: 05/22/07 Sheet #: 213 Scale: 1" = 100' REVISIONS: NUM. DATE DESCRIPTION 1. 717/08 ADDITIONAL INFO SHEET TITLE: DETAIL DRA\AANGS SHEET NUMBER: 2 s� -r.,.-�-�-->�• Tt..l'{ r.r j- ~�:..•�� it r+-*7 7'r as VICINITY MAP 1. APPLICANT/OWNER: PHILLIP HARRiNGTON 760 PITTS CHAPEL RD. ELIZABETH CITY, NC 27909 (252) 335-4520 2. TOTAL TRACT BOUNDARY: 49.41 AC AFFECTED AREA: 24.89 AC PERMIT AREA: 36.20 AC 3. THIS PROPERTY IS ZONED: I-1 (INDUSTRIAL) 4. THIS IS NOT A BOUNDARY SURVEY. THIS IS A MINING PERMIT MAP. 5. THIS SITE IS LOCATED FLOODZONE X. & ZONE AE, ACCORDING TO FIRM PANEL MAP 3720892200 J, DATED OCTOBER 05, 2004. 6. 50' BUFFER REQUIRED BY STATE OF NORTH CAROLINA. 100' BUFFER RMARED BY PASOUOTANK COUNTY ORDINANCE. 7. ADJOINING OWNERS INFORMATION TAKEN FROM PASOUOTANK COUNTY US TAX INFORMATION ON APRIL 24, 2007. NOTE : THIS MAP DOES NOT REPRESENT ANY DESIGN AND IS NOT A BOUNDARY SURVEY. THE PURPOSE OF THIS MAP IS TO ILLUSTRATE PROPOSED CONDITIONS AT THE PITTS CHAPEL MINE. BOUNDARY INFORMATION WAS TAKEN FROM A DEED FOR PHILLIP W. HARRINGTON AND WIFE (DB. 833, PG. 381) DATED 10/10/04. T N/F PHILLIP HARRINGTON ENTERPRISES, LLC D.B. 871, PG. 431 ZONED: 1-1 N/F HOLLOWELL FAMILY LIMITED PARTNERSHIP D.B. , PG. ZONED: A-1 N/F BARNHILL CONTRACTING COMPANY D.B. 657, PG. 499 ZONED: i-1 LEGEND DRAINAGE FLOW DIRECTION .�� CHECKDAM -- - — EX. DITCHES/SWALES PROPOSED DITCHES/SWALES - - - - - - - - - - 100' UNDISTURBED BUFFER - -- — -- — — — - 400' SETBACK AFFECTED AREA FLOODZONE LINE WOODSLINE PROPOSED HAUL ROAD ® PROPOSED STOCK PILE EX. ASPHALT EX. DIRT DRIVE STATE MINING PERMIT BOUNDARY EXISTING CONTOURS GRAPHIC SCALE 0 50 100 200 N/F ( } AVA A. COPPERSMITH IN FEET � , , inch _ '� ft. BOOK 01-E-119 �( ZONED: A-1 HYMM FMBEY 150 US Hwy 158 E. PO Box 339 Camden, NC 27921 (252) 338-2913 (252) 338-5552 fax www.hymanrobey.com �4lrrrrrrrr• �i � yes SEAL 18 5008 PITTS CHAPEL MINING PERMIT PASQUOTANK COUNTY NORTH CAROLINA KEY PLAN: Project #. 070057 Drawing #: 070057 MINING Drawn: CLE Checked: KDH Approved: SCR Date: 05/22107 Sheet #: 113 Scale: 1" = 100' REVISIONS: NUM. DATE DESCRIPTION 1. 7/7/08 ADDITIONAL INFO SHEET TITLE: MINING PERMIT SHEET NUMBER: -- �-'. --- — — r.T-- .,Tr _ - 1 s ..T:>:. .. Tj:�.: �-.. .... ....-.r_:. -•,-�-n.'..,: -. ... ... ::v3--. rr�.—. �:��Y� v.T: � �. �f'^.-r �--r--T ..—�a,s��t r--=..�.�r sir.-�� �., 1 ,e. r it T.•. �t' r�..; ��; �; 9•Li •.t r ryr q 1�i 7r' ":� f -.".Ir IT + � ' 'i '�i . 7. � S ,r' tr .•�. ri -{. I ''I'�t�]r'ya'�„ t•��1'a�Iir';V'� r ,�.� �1 rn(� V'II h -t SEEDBED PREPARATION THE CONTRACTOR SHALL CUT AND DISPOSE OF WEEDS OR OTHER UNACCEPTABLE GROWTH ON THE AREAS TO BE SEEDED. UNEVEN OR ROUGH AREAS SHALL BE SHAPED AND SMOOTHED TO PROVIDE FOR EFFECTIVE SEEDING AND EASE OF MOWING. THE SOIL SHALL BE SCARIFIED TO A DEPTH OF NOT LESS THAN 5 INCHES. CLODS SHALL BE BROKEN AND THE TOP 3-4 INCHES OF THE SOIL SHALL BE WORKED INTO A SEEDBED BY THE USE OF PULVERIZERS, DRAGS, OR HARROWS. THE PREPARATION OF SEEDBEDS SHALL NOT BE DONE WHEN THE SOIL IS FROZEN OR EXTREMELY WET. LIMESTONE, FERTILIZER, AND SEED LIMESTONE, FERTILIZER, AND SEED SHALL BE APPLIED WITHIN 24 HOURS AFTER COMPLETION OF SEEDBED PREPARATION. LIMESTONE AND FERTILIZER MAY BE APPLIED AS PART OF THE SEEDBED PREPARATION, PROVIDED IT IS WORKED INTO THE SOIL. IF NOT SO APPLIED, LIMESTONE AND FERTILIZER SHALL BE DISTRIBUTED UNIFORMLY OVER THE PREPARED SEEDBED AT THE SPECIFIED RATE OF APPLICATION AND THEN HARROWED, RAKED, OR OTHERWISE THOROUGHLY WORKED INTO THE SEEDBED. SEED SHALL BE DISTRIBUTED UNIFORMLY OVER THE SEEDBED AT THE RATE OF APPLICATION SPECIFIED, AND IMMEDIATELY HARROWED, RAKED, OR DRAGGED AS TO COVER THE SEED WITH A LAYER OF SOIL. Z1111141:12[f ALL SEEDED AREAS SHALL BE MULCHED. GRAIN STRAW MAY BE USED AS MULCH AT ANY TIME OF THE YEAR. MULCH SHALL BE APPLIED WITHIN 24 HOURS AFTER THE COMPLETION OF SEEDING. CARE SHALL BE TAKEN AS TO PREVENT DISPLACEMENT OF SOIL OR SEED FROM THE SEEDBED AREA DURING MULCHING OPERATIONS. MULCH SHALL BE UNIFORMLY SPREAD BY HAND OR MECHANICAL SPREADER. AN ACCEPTABLE APPLICATION WILL BE THAT WHICH WILL ALLOW SOME SUNLIGHT TO PENETRATE AND AIR TO CIRCULATE BUT ALSO PARTIALLY SHADE THE GROUND, REDUCE EROSION AND CONSERVE SOIL MOISTURE. MAINTENANCE AREAS WHERE SEEDING AND MULCHING HAVE BEEN PERFORMED SHALL BE MAINTAINED IN SATISFACTORY CONDITION UNTIL ACCEPTANCE OF THE PROJECT BY THE OWNER. AREA OF DAMAGE OR FAILURE DUE TO ANY CAUSE SHALL BE REPAIRED OR REDONE AS NECESSARY. SEEDING & MULCHING TYPICAL DITCH OR SWALE NTS A. NCDOT #5 OR #57 WASHED STONE SHALL BE USED. PAD TO BE 50' X 20' X 6" DEPTH MIN. B. TURNING RADIUS SUFFICIENT TO ACCOMODATE LARGE TRUCKS TO BE PROVIDED. C. ENTRANCE(S) SHALL BE LOCATED TO PROVIDE FOR MAXIMUM UTILITY BY ALL CONSTRUCTION VEHICLES. D. PAD MUST BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD ONTO STREETS. PERIODIC TOPDRESSING WITH STONE WILL BE NECESSARY. E. ANY MATERIAL WHICH IS TRACKED ONTO ADJACENT ROAD SHALL BE REMOVED IMMEDIATELY. F TEMPORARY GRAVEL CONSTRUCTION ENTRANCE NTS THE CONTRACTOR SHALL COMPLY WITH ALL APPLICABLE REQUIRMENTS OF THE EROSION AND SEDIMENT CONTROL STANDARDS AND SPECIFICATIONS OF THE DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT. SOIL EROSION AND SEDIMENTATION CONTROL MEASURES SHALL BE PROVIDED ON ALL AREAS OF THE SITE WHICH ARE DISTURBED OR GRADED. CONTRACTOR MALL PROVIDE GROUND COVERS (SEE SCHEDULE BELOW) WITHIN 30 CALENDAR DAYS AFTER COMPLETION OF CONSTRUCTION WITHIN THE SPECIFIC AREAS. THE CONTROL MEASURES SHALL BEGIN PRIOR TO ANY LAND DISTURBING ACTIVITY INCLUDING CLEARING; SHALL CONTINUE DURING THE CONSTRUCTION AND SHALL CONTINUE WITH THE NECESSARY MAINTENANCE UNTIL THE DISTURBED LAND IS STABILIZED. COMPLIANCE WITH LOCAL AND/OR STATE SOIL EROSION AND SEDIMENTATION CONTROL LAWS SHALL BE THE ENTIRE RESPONSIBILITY OF THE CONTRACTOR. THIS PARAGRAPH IS INTENDED TO SERVE ONLY AS A GUIDE TO THE CONTRACTOR FOR COMPLIANCE WITH SUCH LAWS. ORDERS, RULES AND REGULATIONS CONCERNING EROSION AND SEDIMENTATION CONTROL PROTECTION OF EXISTING STRUCTURES AND FACILITIES FROM SEDIMENTATION SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. ITEMS TO BE PROTECTED SHALL INCLUDE, BUT ARE NOT LIMITED TO CATCH BASINS, NATURAL WATERWAYS, DRAINAGE DITCHES, WALKS, DRIVES, ROADS, LAWNS, AND STREAMS. EROSION CONTROL MEASURES SEED MIXTURE RATE OPTIMUM PLANTING DATES 1. KENTUCKY 31 FESCUE 5 J/1000 SF MAR. 15 - MAY 1 AUG, 15 - OCT, 15 2. COMMON BERMUDAGRASS 2 #/1000 SF MAY 1 - JUNE 30 (HULLED) 3. PEARL MILLET 2 #/1000 SF MAY I - OCT. 1 4. FESCUE 5 #/1000 SF OCT. 15 - MAR. 15 SEEDING SCHEDULE POND 12" - #57 BERM SURFACE OF WASHED STONE SEDIMENT POND 5' MAX. 15, MIN. I CLASS "B" EROSION CONTROL STONE 04�p 00°p0" O°p°0pO 00O 0� p00 p00 00b °0°°0y ? ,L1 °b000Qaog000p°oaoeopO000 ao,l [31.5 000°po°e°000°moo°oo�a°o°o�v°v°�oopOo°o° °oo°o°oa°0000°000ago°vo°oo ooaovapoopeo o` FLOW FILTER CROSS SECTION FABRIC SEDIMENT SHALL BE REMOVED WHEN IT ACCUMULATES TO 1/2 THE DEPTH OF THE BASIN. CLASS "B" EROSION CONTROL STONE 21" MIN 4' MIN. �� '�•'':�"e°eQ^eo� AREA _NATURAL GROUND 5' MAX.FILTER 3' MIN. FABRIC DAM SECTION SEDIMENT BASIN NTS CLASS "B" EROSION CONTROL STONE STONE DEPTH = 22.5" SEDIMENT DAM HAUL ROAD (SLOPED TO DRAIN INTO MINE EXCAVATION) TOP OF BANK a� u � a v u w DITCH BOTTOM rr�rrr�, o � � CJ 7u u a o TOP OFIBANK I" EROSION CONTROL STONE DEPTH TO FLUSH WITH DF DITCH YER OF FINE GRAVEL OR WOVEN CEO -TEXTILE RIP -RAP OUTLET APRON NTS PILE PROPOSED SWALE (GRADED TO DRAIN INTO MINE EXCAVATION) TOF SECTION 150 US Hwy 158 E. PO Box 339 Camden, NC 27921 (252) 338-2913 (252) 338-5552 fax www.hymanrobey.com LAYER OF #5 WASHED STONE 12" THICK ,,�����rrrrrry 140 TOP OF DITCH BANK , �. ♦. 9 Dot - SEAL - 0 00000 i� 000000000� BOTTOM OF DITC[f , 0o0Pao00,0000ba` O0btl000000000000 w - 18550 B r1�'� J 0000000000000000000� '•� 000000o0b000tl000b0b0004 00b0000000000000�• ov o000 oop000v p vpv tivpvtl000boov0000000tloa 0 0 0 0 0 0 0 0 0 0 0 o tl yl.�/w`ww ♦ .... `4 ♦� �� ♦ .Q /1 pOgOp0p000000t " PROFILE CLASS B STONE REMOVE SEDIMENT WHEN IT ACCUMULATES TO 1/3 THE HEIGHT OF THE DAM PITTS FILTER DAM IS TO BE IN PLACE UNTIL GRASS IS ESTABLISHED IN BOTTOM OF DITCH SUFFICIENT TO PREVENT EROSION CHAPEL MINING CHECK DAM DETAIL PERMIT NTS PROPOSED S�Oo EXCAVATION F CROSS SECTION A -A HAUL ROAD (SLOPED TO DRAIN INTO MINE EXCAVATION) PASQUOTANK COUNTY NORTH CAROLINA KEY PLAN: Project #: 070057 Drawing #: 070057 MINING Drawn: CLE Checked: KDH Approved: SCR Date: 05/22/07 Sheet It 2/3 Scale: 1" = 100' REVISIONS: NUM. DATE DESCRIPTION 1. 717108 ADDITIONAL INFO SHEET TITLE: DETAIL DRAWINGS SHEET NUMBER: 2 N ,� r .-, ,ram.__.- ,i: i' ? r -T .i' i_i. •:'r -�`- -'+ r •+'] � r e { .i'I � � r '� � iS