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NCG020845_COMPLETE FILE - HISTORICAL_20130927
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V '�& DOC TYPE !7 FIISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ YYYYMMDD NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section . Tracy E. Davis, PE, GPM Pat McCrory, Governor Director John E. Skvarla, Ili, Secretary September 27, 2013 Charles R. Williford S & P Sand and Gravel, LLC P.O. Box 1436 Swansboro, NC 28584 Subject: General Permit No. NCG020000 S & P Sand and Gravel, LLC - Bogue Pit COC NCG020845 Carteret County Dear Mr. Williford: In accordance with your application for a discharge permit received on May 2, 2003, 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 (COC) is not transferable except after notice to the Division of Energy, Mineral, and Land Resources. The Division may require modification or revocation and reissuance of the certificate of coverage. This NPDES discharge permit contains conditions that require.you to comply with the Mining Permit for this operation. We note that you were issued a Notice of Deficiency (NOD) dated July 9, 2013 that advised specific corrective actions for compliance with that Mining Permit (16-23). You must achieve compliance with that permit and apply for any necessary Mining Permit modifications in order to discharge dewatering water. Please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part III, Section E of your permit. You must have an approved Operation and Monitorine fO&Ml Plan before mine dewaterine discharees occur at your facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Wilmington Regional Office within 60 days of your receipt of this permit. Contact Dan Sams at the Wilmington Regional Office at (910) 796-7215 for more information about the approval process. Mr. Charles R. Williford September 27, 2013 Page 2 of 3 Your 0&M Plan should include: • A wetland delineation to identify all surface waters, including wetlands in the vicinity of the mine inside and outside of the mine site boundary. This must be performed by the US Army Corp of Engineers (USACOE), or by a consultant and then certified that the USACOE is in agreement. • Site map: This map should indicate the landscape and position of all wetlands (based on the delineation), ditches, proposed well placement, borrow areas, overburden storage, mine excavation pits, vehicle maintenance areas, mining roads, buffers, rain gauges, fuel and bulk fuel storage areas, sediment traps, settling basins, buildings and other impervious structures, stormwater controls and the mine footprint. • The amount of buffer around the mine footprint and wetlands. • identify all discharge points from the mine and the type of discharge (stormwater, mine dewatering, and/or process wastewater overflow). For mine dewatering, specify the anticipated rate of discharge. if this discharge will vary, estimate the maximum rate of discharge. • Identify surface waters that may be impacted (Sanders Creek and Goose Creek), the classification of those waters (SA;HQM, and how the operation will ensure the discharge from the mine will not cause an exceedance of the water quality standards. This includes determining the flow rate at low tide conditions in the tributary to Sanders Creek that will receive dewatering flows (see more information later in this letter). • Design specifications and calculations for settling basins used to reduce turbidity and TSS prior to discharge. What size storm event have the settling ponds and retention pond been designed for? (For example, the 10-year 24-hour event). • Identify whether shallow monitoring wells are necessary to monitor and protect against impacts to wetlands. If not, the plan should thoroughly explain why not (for example, dewatering will not change the hydraulic gradient in a way that will drain nearby wetlands because discharges will rehydrate them). • For mining with the potential to drain wetlands, a "radius of influence" calculation must be provided for mines intending to dewater from the pit if there are surface waters or wetlands close to the pit that could be impacted. Provide all assumptions used for determining this radius of influence around the mining site. Once the zone of influence is determined, identify the wetlands in the impact area and locate monitoring wells accordingly. if this is not applicable, explain why. The Regional Office may advise you on other aspects during the 0&M Plan approval process. This site will discharge to a receiving stream designated as High Quality Waters (HQW). As a result, a more stringent TSS limit and wastewater discharge volume applies. The General Permit limits total wastewater flow to 50 percent of the 7Q10 base flow for all discharges to HQW-classified waters. However, a 7Q10 base now for the unnamed tributary leading to Sanders Creek cannot be calculated because these waters are tidally influenced. To comply with the permit and protect these sensitive waters, you must determine -the flow rate of the tributary at low tide conditions and provide that flow rate in the O&M Plan. We recommend hiring an engineer that can measure flow with a flow meter device, calculate the flow based on stream dimension measurements, or use an alternative strategy with a sound engineering basis. If that flow determination is Mr. Charles R. Williford September 27, 2013 Page 3 of 3 acceptable, the Division will advise you of the discharge flow limit based on your determination in its approval letter. The upper portion of Goose Creek is also designated as Primary Nursery Area (PNA) waters by the N.C. Marine Fisheries Commission. The Division of Marine Fisheries approved coverage for this mine under the General Permit NCG020000 with the specific preference that dewatering be accomplished by gravity flow (no pumping) only. Should dewatering by any other- means (e.g., by pumping, or if the pit is ever dredged, which changes the dewatering discharge to process wastewater), you must first notify the Division for approval and revision to the COC because of the sensitive shellfish resources downstream. Please note that mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and -groundwater seepage for this type of mining operation. Any discharge of this water (and any stormwater commingled with it) is subject to the effluent limitations in this permit. This project is located in one of North Carolina's 20 coastal counties. Coastal stormwater management rules (15A NCAC 2H .1000) may require an additional State Stormwater Permit (different from the NPDES mining activities discharge permit). Please contact Georgette Scott in the Wilmington Regional Office at (910)796-7335 if you have questions about whether you are required to submit an application for a State Stormwater permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Energy, Mining, and Land Resources, or permits required by the Division of Water Resources, Coastal Area Management Act, or any other federal or local governmental permit that may be required. If you have any questions concerning this permit, please contact Bethany Georgoulias at telephone number (919) 807-6372. Sincerely, for Tracy E. avis, P.E., CPM cc: Wilmington Regional Office / Attn: Brian Lambe Central Files Stormwater Permitting Program Files STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT- N0._NCG020000 CERTIFICATE OF COVERAGE No. NCG020845 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, S&P Sand and Gravel, LLC is hereby authorized to discharge stormwater and dewatering wastewater by gravity flow (upon approval of an Operation and Monitoring (0&M) Plan and all appropriate Mining Permit modifications) from a facility located at S&P Sand and Gravel Mine - Bogue Pit Bogue Loop Road Newport Carteret County to receiving waters designated as an unnamed tributary to Sanders Creek, a class SA;HWQ water in the White Oak River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 1I, II1, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective September 27, 2013. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 27, 2013. for Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission 4 9 ? ° f Ap „r Irk, "S&PjGr4,MIY' TT s h �� -� ��r- t Jar" ` .t•"' � /f/� .- gyp' �J 4 :� r*+.._b •$� ; _- (A. C-^� ti..- ..w is a I P. — 21 u�1�.••' f� b[Bgk!�"'"Jr��'� � c'.r� .. � ��lr`-�.. _ times-' � � r r ti - ,I 'f� �/ 4 � , U 41 f`�'5....�77��Ljj7 � � - ? • ,-�'r , [.,� � r t7 h� Sanders ` J tk `;„ s% �5� y G rah.- U�111r►4 •r SS i / .� i 17 . � ti r r f NCG020845 N W E S Map Scale 1:24,000 S&P Sand and Gravel, LLC - Bogue Pit Latitude: 340 42' 39" N Longitude: 770 00' 21" W County: Carteret Receiving Stream: UT to Sanders Creek Stream Class: SA;HQW Sub -basin: 03-05-03 (White Oak River Basin) NJ rrN�'�Y,.�1i��i1�►�ttji►ti�� : J1 Facility Location h► r � r I Georgoulias, Bethany From: Lambe, Brian Sent: Friday, September 20, 2013 1:49 PM To: Georgoulias, Bethany Subject: RE:: S&P Gravel Mine will see you on Wednesday. Very well written on the mining paragraph. I am good to go, send away. From: Georgoulias, Bethany Sent: Fridayi-September 20, 2013 1:41 PM To: Lambe, Brian Cc: Bennett, Bradley Subject: RE: S&P Gravel Mine Hi Brian, Thanks again for sending the NOD and NOV documents. I've drafted up a cover letter and COC for a September 271h issuance for this mine. I'm sending them your way for review since there are so many issues surrounding this one, and because it might help learn more about how the NCG02 permit works in general. Let me know if the cover letter and COC language address everything to your satisfaction. We can be more generic in the COC (and just say "stormwater and wastewater"), but I thought more detail might be helpful here. I'm out sporadically next week —Training at RRO on Monday morning, out all day Tuesday and Thursday (but here for the all day training meeting on Wednesday), and then out most of Friday for a trip to a Quarry in Moncure, NC. If we need to work more on it, we can certainly reschedule the permit issuance for October sometime. I want you all to be comfortable with how we've worded everything and our requests for the O&M Plan submittal. If you're planning to be here on Wednesday, maybe we can catch up on it then. Thanks, Bethany Belhany Georj oulurs, Environmental Engineer NCDINR / Division of Energy, Mineral, and land Resources Storn,,vatcr Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6372 (phone); 919 / 807-6494 (fax) Website: htip:HportaI.ncdcnr.or.eweb/Ir/stormwater E-mail correspondence to and from this address may be subject to the Arorth Carolina Public Records law and rno), he disclosed to third parties, From: Lambe, Brian Sent: Friday, September 20, 2013 10:23 AM To: Georgoulias, Bethany Subject: RE: S&P Gravel Mine In discussing this with Dan Sams, we want them to provide the flow numbers to us through an engineer. We do not want to get in the business of providing these numbers for them. Additionally, a NOD dated July 10, 2013 requires all drainage be contained. There is a draft NOV floating around in Raleigh that I am not sure if it went out or not. Dan and I would like some condition that ties the NPDES to the Mining permit. You may choose to simply refer to the NOD and mine permit modification. Essentially we need to integrate the permits to work together. You may need to get input Geor oulias, Bethany From: Lambe, Brian Sent: Friday, September 20, 2013 10:23 AM To: Georgoulias, Bethany Subject: RE: S&P Gravel Mine Attachments: NOD 07092013.doc; 16-23 08202013 NOV.docx In discussing this with Dan Sams, we want them to provide the flow numbers to us through an engineer. We do not want to get in the business of providing these numbers for them. Additionally, a NOD dated July 10, 2013 requires all drainage be contained. There is a draft NOV floating around in Raleigh that 1 am not sure if it went out or not. Dan and I would like some condition that ties the NPDES to the Mining permit. You may choose to simply refer to the NOD and mine permit modification. Essentially we need to integrate the permits to work together. You may need to get input from the mining program, Janet Boyer or Toby Vincent on how we need to do this in the future, but for now, I think a simple statement reminding them of the Mining program requirements will suffice. From: Georgoulias, Bethany Sent: Thursday, September 19, 2013 11:18 AM To: Lambe, Brian Cc: Conway, Jean; Bennett, Bradley Subject: RE: S&P Gravel Mine Hi Brian, I talked with Jean today, and I'm on the home stretch of S&P Sand and Gravel's Certificate of Coverage. Receiving waters and future dredging: For all intents and purposes, the dewatering appears to discharge to a UT to Sanders Creek, SA;HQW (and into a Primary Nursery Area in Goose Creek). Shellfish Sanitation and DCM are okay with the gravity flow dewatering but need to be notified if there's a change. I've determined that we cannot prohibit future dredging water discharge on the basis of ORW waters farther downstream at Goose Creek/Rogue Sound (because this discharge goes into SA waters, not just some UT draining to ORW)—but, I'm not sure these agencies would encourage or approve coverage of that discharge here given the special habitat anyway. I'll address this in the final issuance letter. Dewatering flow limit: Your direction to them to install a mechanism to control the flow will be necessary for compliance with NCG02. Jean says it's feasible to estimate flow in the channel or ditch where their dewatering water will enter. She can help you do that if you need to. Because of the flow limit in the permit (SO% of the 7Q10), we need an estimated flow at low tide conditions to establish a flow discharge limit for this operation. I need that information for the cover letter. Wetlands O&M Plan: Jean advises that there are probably wetlands on at least one side of the mine, and Mr. Williford needs to have them identified. It means they need to prepare an 0&M Plan — the first step of which is to get a delineation done. Here it's not a "Pumping" O&M Plan, but they need to address how they'll guard against potential impacts. The permit requires that the WiRO approve that O&M plan before they can dewater. Here is an excerpt from my cover letter so far: Please be aware that mine dewatering at your site has the potential to impact adjacent wetlands. The specific requirements for mine dewatering at facilities near wetlands can be found in Part III, Section E of your permit. Yyu_must have an annroved Operation and Monitorine f0&Ml Plan before mine dewaterine discharees occur at vour facility. Discharging mine dewatering wastewater without Plan approval will be subject to enforcement action. An Operation and Monitoring Plan for your facility must be submitted to the Wilmington Regional Office within 60 days of your receipt of this permit. Contact Dan Sams at the Wilmington Regional Office at (910) 796-7215 for more information about the approval process. Your 0&M Plan should include: • A wetland delineation to identify all surface waters, including wetlands in the vicinity of the mine inside and outside of the mine site boundary. This must be performed by the US Army Corp of Engineers (USACOE), or by a consultant and then certified that the USACOE is in agreement. • Site map: This map should indicate the landscape and position of all wetlands (based on the delineation), ditches, proposed well placement, borrow areas, overburden storage, mine excavation pits, vehicle maintenance areas, mining roads, buffers, rain gauges, fuel and bulk fuel storage areas, sediment traps, settling basins, buildings and other impervious structures, stormwater controls and the mine footprint. • The amount of buffer around the mine footprint and wetlands. • identify all discharge points from the mine and the type of discharge (stormwater, mine dewatering, and/or process wastewater overflow). For mine dewatering, specify the anticipated rate of discharge. If this discharge will vary, estimate the maximum rate of discharge. • Identify surface waters that may be impacted (Sanders Creek and Goose Creek), -the classification of those waters (SA;HQW), and how the operation will ensure the discharge from the mine will not cause an exceedance of the water quality standards. • Design specifications and calculations for settling basins used to reduce turbidity and TSS prior to discharge. What size storm event have the settling ponds and retention pond been designed for? (For example, the 10-year 24-hour event). • Identify whether shallow monitoring wells are necessary to monitor and protect against impacts to wetlands. If not, the plan should thoroughly explain why not (for example, dewatering will not change the hydraulic gradient in a way that will drain nearby wetlands because discharges will rehydrate them). If discharge is into wetlands, the plan must address how non -erosive flow will be achieved. • For mining with the potential to drain wetlands, a "radius of influence" calculation must he provided for mines intending to dewater from the pit if there are surface waters or wetlands close to the pit that could be impacted. Provide all assumptions used for determining this radius of influence around the mining site. Once the zone of influence is determined, identify the wetlands in the impact area and locate monitoring wells accordingly, The Regional Office may advise you on other components or details during the approval process. Jean, do you have any comments or additional advice for me and Brian on this list? Brian, historically Central Office has been less involved in the O&M Plan review because our group's expertise with wetlands are limited. I used Linda Willis' original guidance document to help me with this list. You all might need to look to DWR in your office for some assistance, especially with the NPDES position in DEMLR currently vacant. The major step here is to identify what's on or near the site first, and then evaluate what needs to be in place for the mining operation to ensure they are not impacted. Does this sound suitable to go into the cover letter? As soon as we get a flow estimate, we can issue the COC, as long as you all are okay with what we're asking in the O&M Plan. Thanks! Bethany Bethany Georgoulias, l nvironmental Engineer NCD NR / Division of Energy, Mineral, and I.,and Resources Stornwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 S 12 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6372 (phone); 919 / 807-6494 (fax) Website: htt:// orta1.ncdenr.or web/ir/stormwater E-mail correspondence to and front this address may he subject to the Arlh Carolina Public Records law and may be disclosed to Third parties. From: Lambe, Brian Sent: Wednesday, September 11, 2013 8:03 AM To: Georgoulias, Bethany Subject: RE: Maps for S&P Gravel Mine - Newport, Carteret County The blue lines I added to the map are what I have seen with my eyes. The outlet channel is circled. I added what I think is sanders creek on the west of the dirt road. I think the trib runs into the sanders right before hwy 24 where it hits a culvert. I will look for the sanders culvert on the loop road today. From: Georgoulias, Bethany Sent: Tuesday, September 10, 2013 1:31 PM To: Steenhuis, Joanne Cc: Lambe, Brian Subject: RE: Maps for S&P Gravel Mine - Newport, Carteret County No problem, Joanne. Brian, maybe you can point out on the mop exactly where the ditch lean talked about leads from Rick Williford's pit? Joanne says she forwarded the email with the maps. Otherwise, I need to wait for Jean's input on this next week. I want to make sure we advise the permittee correctly on any restrictions on dewatering. Either way, we're dealing with tidally influenced waters that we can't estimate a 7Q10 (low flow) for. Unless Water Quality feels the gravity flow of dewatering water could negatively impact downstream SA waters because of excessive dilution or flow velocities, I'm inclined not to specify a flow limit in the cover letter —particularly since he will not be pumping. I still plan to advise him that he should have some method of controlling flow from his BMPs (flashboard riser, etc.) in the event that flow must be restricted to comply with effluent limits in the permit, and to be consistent with your recommendations. I'll work with Joanne and Jean to advise other components of an O&M Plan that would be required before he could dewater. We can move forward with the NCG02 Certificate of Coverage, but he'll have to put some kind of 0&M dewatering plan together that the WiRO can approve. One component will likely be delineating wetlands so he knows where they are, if any. Again, I'll check in with Jean on these aspects when she gets back. Sorry this is such a complicated one! Any help on discharge location in the meantime would be helpful. Thanks! Bethany Bethany Georgoulias, Environmental 11'ngineer NCDCiNlk / Division of Energy, Mineral, and Land Resources Stornwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 1807-6372 (phone); 919 / 907-6494 (fax) Websitc: 1ittRaipui�al.ncdcnr.arg(w c�llrlstorrnwatur E-mail correspondence 10 and fi,0111 this address nary be sohjest ro the Nortlr Corolirnr Pub/se Hecords low grid maY he discloses! to Iliir•d parties, From: Steenhuis, Joanne Sent: Monday, September 09, 2013 2:24 PM To: Georgoulias, Bethany Subject: RE: Maps for S&P Gravel Mine - Newport, Carteret County Bethany, I am sorry, but I cannot help you on this as I have only been to look at the stream by the road with Jean. I talked with Jean and she says that Brian Lambe has her file and would probably be your best bet as to locating what you need on the aerial. I will forward your e-mail to him. Otherwise you will need to wait for Jean to come back next week, Sorry! From: Georgoulias, Bethany Sent: Monday, September 09, 2013 12:50 PM To: Steenhuis, Joanne Subject: Maps for S&P Gravel Mine - Newport, Carteret County Hi Joanne, Poor Jean has talked to me so much about this one, and I'm still just SO confused about exactly where the dewatering water drains to. It's a ditch that leads somewhere, and I thought it was some part of Goose Creek. At issue is that the area of Goose Creek at the mouth (and east/west along the shdre)-is ORW, covered under a special ORW rule. That rule says "The only new or expanded NPDES permitted discharges that shall be allowed shall be non -domestic, non -process industrial discharges." The last time we talked with her and Jim Gregson about this one, the conclusion was that would prohibit any dredging dewatering discharge from this mine - BUT, I need to figure out again why she and Jim thought the discharge went to that segment. Boyd Devane and I are struggling with similar mining discharge situations, and we're not sure that unnamed tribs leading into these ORW waters (or PNA waters) are necessarily restricted by the classification rule. In my case, we decided this area drains to 15A 2B .0225 (7)(D) Western Bogue Sound Section .... But that rule doesn't include tributaries, only the section itself. I've attached two maps: One Jean sent me a while back with the PNA area and the mine shown on it. The other is the one I drafted up for the COC, and it shows PNA (yellow) and ORW (blue) sections highlighted so you can see. My biggest question right now is where is the ditch that this guy is draining his pit to leading? Does it go all the way down to the ORW area, or does it drain into an upper portion of Goose Creek? Both Jean and Brian confirmed that it doesn't go to Sanders Creek (that's what the application and their site plan says, but it's wrong — may have been a previous phase of this mine under another owner). So first priority is to figure out if this really is restricted from dredging WW. Second would be whether we ask for wetlands delineation as part of the 0&M Plan, which I will have to remind him he needs approval for before starting to dewater (again, which he was ordered to stop by DEMLR b/c the mining permit doesn't allow it right now either). Even if you remember where it was and can just highlight it on the COC map, that would be a HUGE help! Thanks for any help you can give!!!! Bethany BelhanY Georgoulias, E,nvii-o nmental Engineer NCDENR / Division of Energy, Mineral, and Land Resources Stornwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 9191807-6372 (phone); 919 / 807-6494 (fax) Website: http://portal.ncdcnr.orp/web/Ir/stormwater E-mail correspondence Po and frorn this address may be subjecl to the Norlh Corohno Public Records law and moy be drselosed to third parries, A� NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy Davis, PE, CPM Pat McCrory, Governor Director l John E. Skvarla, III, Secretary ERTIFIED MAIL7009 1410 0000 9441 4592 RETURN RECEIPT REQUESTED NOTICE OF DEFICIENCY Rick Williford 4846-A Highway 24 Newport, NC 28570 RE: Mining Permit No. 16-23 S & P Sand and Gravel Mine Carteret County White Oak River Basin Dear Mr. Williford: On July 9, 2013 an inspection of the subject mine was performed by Brian Lambe of this office. Several deficiencies were observed that require your prompt attention. The deficiencies discovered and the necessary corrective actions are as follows: I . The outlet of the mine excavation area does not follow the approved mine map dated May 5, 2006, Two sediment traps are to installed in the outlet. However, there are no details associated with the sediment traps. Provide details to this office regarding trap sizing with supporting calculations. Operating condition 4A requires adequate mechanical barriers. The current structures in the ditch are not sediment traps and do not function to filter the mine water. There is no control of the amount of water flowing into adjacent tributary. 2. Install construction entrance using surge stone at least 50' long, but long enough to minimize dirt from getting onto the road. Operating condition 4A requires adequate mechanical barriers. There is no construction entrance currently. Include detail in plan revision. 3. Operating condition 4B and 4C require that all drainage flow into the mine excavation area and that is no dewatering allowed on site. Provide for NPDES dewatering permit and install adequate measures for dewatering. Wilmington Regional Office 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 • Phone: 910-796-7215 I FAX: 910-350-2004 Letter of Approval Rick Williford July 10, 2013 Page 2 of 2 If the previously described deficiencies are not corrected within 30 days following your receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, Department of Environment and Natural Resources, for the issuance of an official Notice of Violation in an effort to secure compliance at the site. Do not hesitate to contact Brian Lambe or me at (910) 796-7215 regarding any questions you may have about this matter. Sincerely, Dan Sams, PE Regional Engineer Land Quality Section Attachment: Mine Inspection Report cc: Ms. Janet Boyer, P.E. N rok"Ti� V August 30, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED NOTICE OF VIOLATION OF MINING PERMIT Rick Williford 4846-A Highway 24 Newport, NC 28570 RE: Mining Permit No. 16-23 S & P Sand and Gravel Mine Carteret County White Oak River Basin Dear Mr. Williford: This is to inform you and/or your company of a violation(s) of the above referenced mining permit. On August 20, 2013, personnel of this office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: 1) Operating condition 4A: 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. The outlet of the mine excavation area does not follow the approved mine map dated May 5, 2006. Two sediment traps are to be installed in the outlet. However, there are no details associated with the sediment traps. Provide details to this office regarding trap sizing with supporting calculations. Operating condition 4A requires adequate mechanical barriers. The current structures in the ditch are not sediment traps and do not function. to filter the mine water. There is no control of the amount of water flowing into adjacent tributary. 2) Operating Condition 4A: Install construction entrance using surge stone at least 50' long, but long enough to minimize dirt from getting onto the road. Operating condition 4A requires adequate mechanical barriers. There is no construction entrance currently. Include detail in plan revision. 3) Operating Condition 4 B: All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into the existing sediment basins as indicated on the overall view map A dated May 5, 2006. Operating Condition 4 C: No dewatering activities shall occur at this site. _ Operating condition 4B and 4C require that all drainage flow into the mine excavation area and that is no dewatering allowed on site. Provide for NPDES dewatering permit and install adequate measures for dewatering. Refer to Notice of Violation from Division of Water Quality dated January 29, 2013. 4) Operating Condition 5: All affected area boundaries (22.7 ac) shall be permanently marked at the site on 100 ft intervals unless the line of sight allows for larger spacing intervals. In order to bring this site into compliance, the following corrective actions must be taken: 1) Submit a revised mining application to this office detailing solution to dewatering issues on site. The mine map will have to include sediment trap details including sizing and calculations. Include a construction entrance detail. Discuss water management in revision. 2) Follow requirements of DWQ NOV dated 1/29/2013. Refer to NOV for details regarding submission. 3) Install measures to retain sediment onsite. A construction entrance should be installed immediately. Water should not be discharged at this time. Steps should be taken to stop the discharge until appropriate measures are in place and the mine is appropriately permitted. 4) Demark all mine permit boundaries. 5) Contact this office for an onsite meeting to discuss compliance issues. CERTIFIED MAIL Page 2 If the above violation is not corrected within sixty (60) days following your receipt of this Notice, appropriate enforcement action will be taken and a civil penalty may be assessed against your company. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction, criminal penalty, revoking your permit or bond forfeiture procedures. The :responsibility for understanding and complying with the conditions of your mining permit rests with you. The responsibility also rests with you for notifying this office of your plans to correct the violations. Please do not hesitate to contact Mr. Daniel Sams, PE, Regional Engineer, at (910)796- 7215 or Ms. Janet Boyer, P.E. State Mining Specialist, at (919) 707-9228 regarding any questions you might have about this matter. Very truly yours, Tracy E. Davis, P.E. Division Director Attachment: Mine Inspection Report cc: Ms. Janet Boyer, P.E. Mr. Bradley Bennett 0 Georgoulias, Bethany �Ml 1 YQ' PN Pr From: Baker, Jessi E Sent: Wednesday, September 18, 2013 12:19 PM To: Georgoulias, Bethany Subject: RE: Request for Shellfish Sanititation concurrence Bethany, I just wanted to touch base and let you know that we are working on this larger issue. With regard to the specific application from S&P Sand and Gravel , LLC., since water is not being pumped and just overflow, we would have no problems with it. We were not receiving these in the past (I assume because they are GPs?), so we are excited to be in the loop. Once we discuss this more internally, I'll give you a call. Thanks, Jessi From: Georgoulias, Bethany Sent: Thursday, September 12, 2013 12:06 PM To: Baker, Jessi E; Jenkins, Shannon Cc: Hart, Kevin; Lambe, Brian; Conway, Jean Subject: RE: Request for Shellfish Sanititation concurrence Hi Jessi, Thanks so much for reaching out. I'll be sure to forward the info. out to the rest of the Stormwater Permitting Program staff. We were in the (new) Division of Water Resources until August 1", when our group was moved over to the Division of Energy, Mineral, and Land Resources. I'm working with Brian Lambe in the Wilmington regional office Land Quality Section on this particular sand pit. Please let us know if you have any special concerns that we should address in the Certificate of Coverage for the discharge permit, or that the Wilmington Regional Office may need to consider when reviewing this permittee's Operating and Monitoring Plan (that may be submitted after we issue the permit, but must be approved before the owner can dewater his pit). One particularly challenging issue we encounter with these is whether there should be a flow volume limit to receiving waters. For high quality waters (SAs and PNAs are usually considered HQW), our rules specify that wastewater discharges are limited to 50% of the 7Q10 (summer) base flow, to protect the streams at low flow conditions. Coastal waters are tidally influenced, and there's no way for USGS to calculate a "7Q10" statistic. On the coast, we're worried about impacts to shellfish and/or fish in those waters, and the fact that large flow volumes can introduce too much freshwater dilution into saltwater bodies. We haven't figured out the best approach for limiting flow because the rules don't address tidally -influenced waters, though. At times regional inspectors have estimated a stream or channel flow at low tide conditions at the discharge location, and we've limited the discharge flow on that basis. So any guidance you can give us on flows/best times to discharge (low/high tide conditions, etc.) for specific projects like this one would be very helpful — if that is a concern based on distance from those areas, etc. Let me know if you need any more info. It looks like Shannon already forwarded you the documents l sent, so -I think you've got the application and maps, Thanks again, Bethany Bethany Georgoulias, Anvirontnental Isngineer NCDENR / Division of Energy, Mineral, and Land Resources Stornwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6372 (phone); 919 / 807-6494 (fax) Website: http://Aortal.ncdonr.org/web/Ir/stormwater E-mail correspondence to and front this address may be subject to the North Carolina Public Records law and may, be disclosed to third parties. From: Baker, Jessi E Sent: Thursday, September 12, 2013 11:32 AM To: Georgoulias, Bethany; Jenkins, Shannon Cc: Hart, Kevin Subject: RE: Request for Shellfish Sanititation concurrence Bethany, Myself, Jessi Baker, and my northern counterpart, Kevin Hart, review projects for fisheries and fish habitat impacts for DCM. We would be happy to review any projects that may have fish habitat concerns, especially those that may impact Primary Nursery Area (PNA) or Anadromous Fish Spawning Areas (AFSA). Below are links to maps of both designations on the DMF website. http://portal. ncd enr.org/web/mf/prima ry-nurserV-a reas http://Portal.ncdenr.org/web/mf/afsa-maps We would like to be copied on applications in these areas. Feel free to call me or Kevin with any questions. Please pass our contact information on to any others who may need it. Thank you. Kevin Hart Fisheries Resource Specialist North Carolina Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 252-948-3950 Craven, Pamlico, Beaufort, Hyde, Washington, Tyrell, Dare, Bertie, Chowan, Hertford, Gates, Perquimans, Pasquotank, Camden, and Currituck Jcssi Baker, Fisheries Resource Specialist NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 (252) 808-2808 ext. 213 jcssi.baker&L cdenr.gov Carteret, Onslow, Pender, New Hanover, and Brunswick Pat McCrory Governor PWA 5A NC®ENR North Carolina Department of Environment and Natural Resources Division of Marine Fisheries Dr. Louis B. Daniel III Director MEMORANDUM September 12, 2013 TO: Bethany Georgoulias Stormwater Permitting Program FROM: Shannon Jenkins Environmental Program Manager THROUGH: Patti Fowler Shellfish Sanitation & Recreational Water Quality Section Chief SUBJECT: S&P Sand and Gravel, LLC — Bogue Pit Carteret County John E. Skvarla, III Secretary The Shellfish Sanitation and Recreational Water Quality Section concurs with the decision to issue coverage for this facility under the General Permit for pit dewatering via gravity flow. It is preferable that the dewatering occur via gravity flow as stated in the application. In the event that dewatering occurs via other means (pump, etc.) we request that our section be notified prior as it could affect the downstream waters in Goose Creek. The waters of Goose Creek can be open to shellfish harvest during favorable weather conditions. 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252-726-7021 1 FAX: 252-726-025414ntemet: portai.ncdenr.org/web/mf bulias, Bethan From: Sent:. To: Cc: Subject: Attachments: Bethany, Our memo is attached. Jenkins, Shannon Thursday, September 12, 2013 9:42 AM Georgoulias, Bethany Baker, Jessi E RE: Request for Shellfish Sanititation concurrence S&P Sand and Gravel LLC Bogue Pit mine.docx FYI- I passed your email along to Jessi Baker (former DMF, current DCM) who deals with -Fisheries issues for DCM for her thoughts on the PNA issue. Thanks Shannon From: Georgoulias, Bethany Sent: Wednesday, September 11, 2013 1:36 PM To: Jenkins, Shannon Cc: Lambe, Brian; Bennett, Bradley Subject: Request for Shellfish Sanititation concurrence Hi Shannon, I'm reviewing an application from S&P Sand and Gravel, LLC for Bogue Pit in Newport, Carteret County. We are requesting concurrence with issuing this operator coverage under the NPDES NCG02 Mining discharge permit for mine dewatering wastewater and stormwater. We are also asking you to advise on any special discharge restrictions since the tributary drains to Sanders Creek, which ultimately flows into a PNA area of Goose Creek near Bogue Sound. See the attached Memo to you and referenced documents. Just let me know if you have any questions. Thanks! Bethany Bethany Georgoulias, Environmental Engineer NCDENR / Division of Energy, Mineral, and Land Resources Stornwater Permitting Program 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury Street, Raleigh, NC 27604 919 / 807-6372 (phone); 919 / 807-6494 (fax) Website: htti):Hportal.nedenr.orOweb/Ir/stormwater E-mail correspondence to and from this address map be subject to the North Carolina Public Records IDir and ma), be disclosed to third parties. NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director. September 11, 2013 Memorandum To: Shannon Jenkins Division of Marine Fisheries Shellfish Sanitation Section P.O. Box 769 Morehead City, NC 28557 From: Bethany Georgoulias Stormwater Permitting Program Pat McCrory, Governor John E. Skvarla, III, Secretary Subject: Proposed coverage under General NPDES General Stormwater Permit: S&P Sand and Gravel, LLC - Bogue Pit, Carteret County (Newport) Does this NPDES Stormwater permit authorize wastewater discharges? ®Yes ❑No Estimated discharge flow rate of wastewater: not specified The subject facility has applied to the Division of Water Quality for coverage under the General NPDES Permit, NCG020000. Please find attached the facility's application (Notice of Intent). Because this wastewater discharge is into waters classified SA, protected for Shellfishing, we need your Division's concurrence before we allow coverage of this discharge under the General NPDES Stormwater Permit. We request that you advise us about whether your Section concurs with issuing coverage for this facility under the General Permit. This mine will discharge to waters draining to a Primary Nursery Area (PNA). Please see the attached map for reference. In addition, we are asking your Section to advise us on whether wastewaters other than pit dewatering hygravity flow (for example, mine dredging wastewater) should he allowed from this operation or should he explicitly restricted in the Certificate of Coverage. If you have questions concerning this matter, please contact me at 919-807-6372 cc: Wilmington Regional Office, Brian Lambe Stormwater Permitting Program Files Central Files Attachments 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal,ncdenr.org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper ATL4LA... NCDENR Kl r_ GUfo " D.rrTM OF E_N ..[ — N-k^— Rr_pur+Cery NOTICE OF INTENT Division of Water Quality 1 Surface Water Protection National Pollutant Discharge Elimination System NCG020000 FOR AGENCY USE ONLY Date Received Year Month Uay Certificate of Coverage 2 Check # Amount Permit Assigned to pr otn iqS National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC (Standard industrial Classification) Code -14XX Mineral Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits —except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater; 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). Please contact the NPDES Wastewater Point -Source Group for more information on coverage under this it. Please print or tvoe all entries in this application form. 1) Mailing address of owner/operator (official address to which all permit correspondence will be maiiedi: Legal Owner Name n)A-tj-o L t-C. (Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the corporation or entity. Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the Division of Land Resources' Mining Permit.) Signee's Name (as signed for in permit signature at bottom) C W� � ��� ciz k 4AL� Street Address PO R oX t `i_— City Su: flues RyfLc State tJ C_ ZIP Code Z 9,50 4- Telephone No. Z z 3,13 - Z 6-0 `� _ Email LjtuiFp&bRLA Alternate Contact Name K i421L Pq-&E Email (if different) Alternate Contact Telephone (if different) &SZ — 317, — h-1AY ? 2013 NR -WATER UAUTY _ . WWanda A Stnrmuwn4oa R. ..►, NCG020000 N.O.I. 2) Location of facility producing discharge: Facility Name _ 'I 0610 e __tom_ S � P �AT,aD ,-.;0 ("'1 R - +n e Facility Street Address 001 Ib � -- f 15v 3v4ur Corr' o Facility City N wpoR T State N C ZIP Code Z455_7 U Facility County ,2T c T Facility Contact R ctZ U-)It-LA w(L�i5 Telephone No. -L Sz 3 e'i , — z S0y _ Fax: 'ZSZ 3 t -- d 7 0 Contact E-mail t rvlz (LM C L- L Gv--y\ 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)._ rrzA\jt-x4,x4,-- yoi�'ArGf Din t- cou t Z�j ,4600T 3 _ Mk VF !'4-415 6h,,zTfYU- ._Prq-V-r µ LCF r09.N� On z gv&vkf t4un poojr)� 11F f216ort:~&,of 1 rr cm ro 71r2r ae?AO M 4) Latitude 34 a `j L Longitude - 77a (Z 1 • �e (degrees, minutes, seconds) I' i r Permits: 5) This NPDES Permit Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin: M Existing Date began mining: 11 1260(o ;rood a L1ti2e ' twsr�N� 6) Standard Industrial Classification: #C:i Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: } 9 7) Provide a narrative description of the types of minerals mined at this facility: �-1V)L &aAriJ\� A0 iZr?L1� 8) Is this mine an inactive mine site? IN No ❑ Yes If yes, do you posses an "Inactive Renewal" from DEMLR and notified the DWQ Regional Office or have you certified to the DWQ that the site has been stabilized? ❑ No ❑ Yes 9) Does this facility already have a valid Mining Permit from the Division of Energy, Mineral and Land Resources (DEMLR) [formerly DLR]? ❑ No 0 Yes If No, please indicate the status of the Mining Permit application: If yes, please provide the Mining Permit number: I (P - Z 3 . Please also provide a copy of your DEMLR Mining Permit with this DWQ application. Note: DWQ cannot issue a COC for the NCG020000 General Permit until a Mining Permit is Issued or renewed by the DEMLR. 10) Does this facility have any other NPDES permits? iA No 0 Yes If yes, list the permit numbers for all current NPDES permits for this facility: NCG020000 N.O.I. 11) Are you applying for a mining permit in the same location as a previously permitted mine? ❑ No Yes If yes, specify permit number and name if known: _ USSry L- iM itiY r Po rn (r k:� nvr a�N 12) Does this facility have any Non -Discharge permits (ex: recycle permits)? No ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 13) Does total area of this mine site include ready -mix and asphalt areas? ® No ❑ Yes If yes, do they have DWQ stormwater permits (if owned by the same company)? ❑ No ❑ Yes (provide permit number ) If not owned by the same company, who is the owner? 14) Will this mining operation precede development activities at this site? ® No ❑ Yes 15) Is this mine located within one of the 20 Coastal Counties and will it add more than 10,000 ft2 of impervious surface? 9 No ❑ Yes If yes, you may be required to apply for an additional state stormwater permit. Check with your local Regional Office. See contact information and checklist below. 16) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan Water supply Watersheds? ® No ❑ Yes If yes, what size stream buffers are included on site? ft. Please show buffers in site plans. If yes, please include information and plans showing diffuse flow through buffers as required. Discharge Points, Receiving Waters & Wetlands. 17) 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? SPrNDL L 2v 3&-4 - i )_ To E100;F Ca:z tV 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). Receiving water classification (if known): Sq- 5 46?Q j Note: Discharge of industrial wastewater to receiving waters classified as WS-II to WS-V, or SA, must be approved by the Div. of Water Resources, or Div. of Marine Fisheries. If DWR or DMF does not approve, coverage under NCG020000 cannot be granted. No new discharges of wastewater are permitted in receiving waters classified as WS-I or freshwater OW Wastewater discharges to Saltwater ORW will not be approved under the NCG02 General Permit. 18) If your facility has wastewater discharges and they are to HWQ and/or PNA waters (Primary Nursery Areas) waters, what is the proposed flow rate? a, JanTg-2 http://www.ncdmf.net/maps/FNA _ mapslindex„html, for map) NCG020000 N.O.I. 19) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Onsite: Stormwater: 5 Mine dewatering: Process Wastewater Overflow: U Offsite: Stormwater: I Mine dewatering: �[� Process Wastewater Overflow: C� Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges:. l l�r��rnS C'.2r Ic_ 5 f-4 �R�P4N f._C�uR p�,,,ra trur� Xk5c-5 t,W (Trt Ft_uc.rLV"R—S I,n 6/-OW6) Icy" ..A-) F, + w t if_PaWuw5 0vt2 A- 44-rz 4t 0/j%' AN- D rev rV + _ t- i VK'L> i-ti 5 tk') BA," e-+6 � 71 L c If\ �0 r A ri�:) Ct�t�T1�, Tl r_---A-rLe n[: pVi►.ram ©=2 j1nd9rVcLJtaJS 1r/3S r.1 i1fL rill a) Is your mine dewatering and discharging? (Answer only if you are dewatering) ❑ No ❑ Yes If yes, where to? Surface Waters and/or Wetlands (on -site or off -site) Other (on -site or off -site) Describe: b) Are you dewatering but not discharging? (Answer only if you are dewatering) ❑ No ❑ Yes If Yes, please explain how you are dewatering, and where that water will be directed: 20) Will mining operations require dewatering near wetlands or impact any stream, groundwater, or wetlands? l LNo ❑ Yes 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 a Pumping Operation and Monitoring (O&M) Plan that has been approved by the Division. For sites that may drain wetlands - yRproval of.a Pumping 08M plan may be required -prior to coverage under this general permit. The Pumping O&M Plan should be submitted to the appropriate 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. See checklist at end of document. Contact your local Regional Office for questions specific to your mine. 21) If you are dewatering, are there wetlands or surface waters within 400' of the mine pit perimeter? [. No ❑ Yes If yes, what distance are they from the mine pit perimeter? feet. 22) Have you been required to obtain a 404/401 Certification permits? [Z No ❑ Yes if yes, please briefly describe below (include information such a required mitigation, BMPs, setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information) • Attach other sheets as necessary: NCG020000 N.O.I. 23) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? Gd No ❑ Yes If yes, please attach to application submission. Stormwater BMPs: 24) Does this facility employ any hest management practices for stormwater control? ❑ No g Yes If yes, please briefly describe: LIFZ f)Y `IV c_ =t��5 A-' 7"ZNL4-L 25) Does this facility.have a Stormwater Pollution Prevention Plan? [X No ❑ Yes If yes, when was it implemented? 26) Will vehicle maintenance activities occur at this facility? IX No ❑ Yes Wastewater Treatment Facilities: 27) Will mine dewatering discharges occur? to No ❑ Yes 28) Will discharges of overflows from process wastewater treatment systems occur? 19 No ❑ Yes If yes, a. 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 Vote: Please see our website for a list of evaluated polyacrylamide (PAMS) products -for use in North Carolina: http://Portal.ncdenr.org/web/wcl/wsisu/nDdessw b. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes 29) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? $ No ❑ Yes 30) Is your facility washing mined materials? II No 0 Yes If Yes, are you discharging this water? NCG020000 N.O.I. Other: 31) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? M 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? IN, No ❑ Yes d) -If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport 1 disposal vendor:_ Vendor address: 32) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? See permit' text for secondary containment requirements. NA ❑ No ❑ Yes 33) Does your site have an active landfill within the reining permit boundary? g No ❑ Yes If yes, specify type: ❑ LCID ❑ Other: Final Checklist: This application will bezreturned as incomplete unless all of the following items have been included and initialed for. Please show that the following required information has been included by initialing in each space below. ✓ Fee of $100 made payable to NCDENR. 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. ✓ 2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with all outfalls, applicable buffers and wetlands clearly delineated, and 100-year flood plain line if applicable. A copy of your DEMLR mining permit. \ NR- A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 23 above. ✓ Aline drawing of the water flow through the facility. A pictorial description of the nature and amount of any sources of water and any collection and treatment measures. If mine site is in one of the 20 Coastal Counties: • Applicant has checked with the appropriate regional office to verify the need for a Coastal State Stormwater permit. Regional Office Contact: I[r ��,�,� Lvr�umrng7*w.s NCG020000 N.O.I. • Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage areas and total drainage area. If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater, include the following and contactyourlocal regional office about a Pumping 0&M Plan (see below for contact information). You may be required to provide an approved Pumping 0&M plan prior to NCG02 issuance. 2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the plans and listin acreage (including: wetlands, ditches, well -placements, pits, borrow areas, overburden storage, stormwater controls/BMPs, vehicle maintenance areas, settling basins, product process (such as screening, stockpiles, waste piles), total drainage area, impervious surface percentages (if state sw programs apply), applicable buffers, and access and/or haul roads). Pump dewatering size and information on its specifications. 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. Cone of influence calculations. Description of measures to prevent erosion and flooding. Description & information about 4011404 permits that have been obtained. Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if applicable). I have contacted my local regional office about a Pumping O&M Plan. Regional Office Contact: Date contacted: -OR- I will not any impact nearby wetlands, surface waters or groundwater by dewatering. 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). 33) Signatory Requirements (per 40 CFR 122,22) All applications, reports, or information submitted to the Director shall be signed and certified. a. All notices of intent to be covered under this General Permit shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 260 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official. 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 I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. NCG020000 N.O.I. 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 Title Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDENR. 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. For questions, please contact the DWQ Regional Office for your area. DWQ Regional Office Contact Information: 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) 807-6300 CA201206701039 LIMITED LIABILITY COMPANY ANNUAL NAME OF LIMITED LIABILITY COMPANY: S & P Sand and Gravel, LLC SECRETARY OF STATE ID NUMBER: 0848370 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2012 1. NAME OF REGISTERED AGENT: Treve B. Lumsden 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 8752 Reed Drive, Suite 3 Emerald isle, NC 28594 Carteret SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Excavating SOSID: 0848370 Date Filed: 3/7/2012 3:10:00 PM Elaine F. Marshall North Carolina Secretary of State F&V ORxe Use Only Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 8752 Reed Drive, Suite 3 Emerald Isle, NC 28594 2. PRINCIPAL OFFICE PHONE NUMBER: (252) 393-8116 3. PRINCIPAL OFFICE EMAIL: 4. PRINCIPAL OFFICE STREET ADDRESS B COUNTY 308 VFW Road Swansboro, NC 28584 Onslow 6. PRINCIPAL OFFICE MAILING ADDRESS 308 VFW Road Swansboro, NC 28584 SECTION C: MANAGERSNEINIJERSIORAANGMRS (Enter additional Managers/Members/Organizers in Section E.) NAME: Charles R Williford TITLE: Manager ADDRESS: P O Box 1436 Swansboro, NC 28584 NAME: William K Page TITLE: Manager/Member ADDRESS: 308 Vfw Road Swansboro, NC 28584 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT, Section D must be oompleted in Its entirety by a personlbusiness entity. _- a/ %4- SIGNATURE DATE Form must be signed by a ManagarlMember listed under Section C of this form. i Print or Type Name of ManaperAlember TITLE THIS ENTITY DOES NOT QUALIFY FOR THE 2011 ANNUAL REPORT FILING FEE EXEMPTION GRANTED UNDER SL2010-51 SUBAMT THIS ANNUALREPORT MTN THE REQUIRED FILING FEE OF $200 MAIL TO: Somtary or State, Corporations Division, Poet Office Box 29526, Raleigh, NC 276254525 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: Rick Williford S&P Sand and Gravel, LLC Mine Carteret County - Permit No. 16-23 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: November 7, 2016 _ MSRMaps Page 1 of 1 Home I ndranmd Find I Famous Place I Web Senices I Abawl I &ng Maps Search MSR Maps b®Y Tke NaflonallWap 6 Ion NE O Gape Carteret, North Carolina, United Slates 7/1/1983 Street atY...-_. __... .. ... .. 13U cafe carlgPt size Our J� state ¢ �Yr:c)s;7^ �l1tw NORTH �5as `! ar.� y�' yp• � north mrdi[W GO 4�"i4T�".- j.� JM`/,� if'' !M`b" 6§`�+ :cA�f �t f�f� r=^ ©_ °5A�Oh��-*".F i e C= `.L fig~ 'ti`cx'4.igy c. •. `t Longitude LamAe- .Rt'. -77.00484 34.71431 INar kr`!.n,f r,Yy,l'•kJi r. tp ..s,� .: �li•,.^'9�YS4".�.F Wwnhrd I Em U I Info I Print I Ord Topo Map m t guy, Image roudesy of ore U.S. GeologKal Survey Source=256883 Running 77me 62.50 ms Q 7010 Mkr¢sgrt[orpa2rfgn.lTermr o!!lsa�Prlvaq sta[emantlSponsa+r?BY dUSGS SLMe ,'Ch b'n Servcr.CPWFBI MSRMaps: Print Page 1 of 1 . Send To Printer Back To MSit Maps Change to 11x17 Print Size Show Grid Lines ` Change to Landscape kul `1.4 4t'H, Image courtesy of the U.S. Geological Survey mi (IN OR O 2010 Microsoft Corporation. Terms of use Privacy Statement or. 43098 . . �UNIAND BUILDERS,:INC. FIRST CITIZENS BANK &TRUST COMPANY DBA',SONLAND DEVELOPMENT 5WANSBORO, NO 28584 &'CONSTRUCTION•;' ; 66-34531 P.O. BOX 15d5, 5WANSsohb,"NC 28584 I One Hundred-& 001100 Dollars c 1 , C0 7 . DATE AMOUNT c 04i26/13 :. *******100..00 6 PAY TO THE ti ORDER OF NCDENR-DIV OF LAND RESOURCES w 1617 Mail Service .Cenfer - Raleigh, NC '27699-1617 AUTHORIZ $I TURF - N j_fPG - Windows Picture and Fax Viewer Q0 / - --T�.�,-"'T-'-ate yt ,� r y. r h -✓ r 7 tN _ A ... �� s r, j, Sigi\ I �Gy;, eS1i1�1 .1 ,�`� �' ;f 'i -� tiw .� r. � } ��1 +t:�► ,sId ��t' ��:_1,� y�• � T � Y.. 's�-� SN � x �' 1� ^_ .��� i t. �p �� .F'� ii V*LLLLr�� U -� P 1p - 4.1 a-z Pit v 109:1•4 1 m p bi� F w A rF9Q �O .�` —1 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Waler Quality May 11, 2007 To: rStorinwater.,PerniittingLUnit4 From: Bradley Bennett, Stormwater Permitting Unit Supervisor Subject: Permitting Policy for NPDES General Permits NCG020000 & NCG140000 when Discharge Proposed to ORW-Classified Waters or Waters with Special Water Quality Management Plans This memo clarifies the permitting policy for proposed discharges to waters classified as Outstanding Resource Waters (ORWs) under NPDES general permits NCG020000 (Mining Activities) and NCG 140000 (Ready -Mix Concrete). These are the only two general permits issued by the Stormwater Permitting Unit (SPU) that allow both stormwater and process wastewater discharges. This guidance also addresses the special case of the Lockwoods Folly River area in the Lumber Basin. ORW Rules. Section 15A NCAC 02B .0225 (c) outlines quality standards for ORWs. The standards for freshwater ORW stipulate that "No new discharges or expansions of existing discharges shall be permitted, and stormwater controls for all new development activities requiring an Erosion and Sedimentation Control Plan ... shall be required to follow stormwater provisions as specified in 15A NCAC 02H .1000." Unlike in the Water Supply rules, general permits are not exempted from these restrictions. Later in 2B .0225, specific waterbodies are addressed. For some of these waterbodies, the rules allow new or expanded NPDES permitted "non -domestic, non -process industrial" discharges. Discharges directly to freshwater ORWs. While DWQ interprets the rules to allow stormwater-only discharges to ORWs, the language does not allow new or expanded process wastewater discharges directly to ORW designated segments. NCG02 and NCG 14 both allow process wastewater discharges; therefore, proposed new or expanded wastewater discharges under these general permits should not be approved. Projects proposing to discharge only stormwater or those proposing a closed -loop recycle system to manage wastewater are still allowed. "Closed -loop" systems at ready -mix concrete sites will include those designed to contain the 25-year, 24-hour storm plus one foot of freeboard. Discharges directly to saltwater ORWs. Section 2B .0225 (c) (2) requires a public hearing for any proposed permits to discharge to saltwater ORWs. However, general permits do not necessarily go through a public hearing during the notice process. For this reason, and for consistency with our policy regarding discharges to freshwater ORWs, the SPU will not approve new or expanding wastewater discharges to saltwater ORWs under NCG02 or NCG14. NorCarolina vYalurallll North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet; www.ncwaterquality.0r8 Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper DWQ Stormwater Permitting Policy for ORW Waters May 11, 2007 Discharges to waters draining to ORWs. Depending on the watershed, there are different requirements for waters draining to ORWs. In some areas, new or expanding process wastewater discharges are prohibited in undesignated tributaries draining to the ORW water. For other ORW waterbodies, the rules require effluent limits for discharges located upstream. In those site -specific cases, the Total Suspended Solids (TSS) parameter is relevant to both the NCG02 and NCG 14 permits; that limit is 20 mg/l and 10 mg/1 if trout waters are affected. Currently the NCG02 and NCG14 permit limits are not that stringent and do not address discharges upstream of ORWs. Therefore, even proposed wastewater discharges in areas where these limits apply should not be issued a Certificates of Coverage (COC) for NCG02 or NCG 14. Those projects will need to apply for an individual NPDES permit (unless these permits are revised in the future to address these cases). The waterbodies where effluent limits apply are listed in 213 .0225. Discharges to The Lockwoods Folly River Area (Lumber Basin). Section 15A NCAC 02B .0227 addresses waters protected by Water Quality Management Plans. Currently, the rule prohibits new or expanding NPDES industrial process wastewater discharges to all waters of the lower Lockwoods Folly River "in an area extending north from the Intracoastal Waterway to a line extending from Genoes Point to Mullet Creek." Most segments of this river are actually classified HQW in BIMS with no indication of a special management strategy, so a reviewer needs to be aware of this special case. As with dischargers to ORW segments, a COC for wastewater discharges under an NCG02 or NCG14 permit will not be issued for these receiving waters. This rule does allow non -domestic, non -industrial process type discharges (e.g., stormwater), and the SPU interprets the mandatory public hearing requirement to apply only to individual wastewater permits (as with saltwater ORWs). DWQ will not permit new or expanding NPDES. wastewater discharges under NCG02 or NCG14 that propose discharge directly to freshwater or saltwater ORW- classified waterbodies, or to waters protected by the Lockwoods Folly River Area Water Quality Management Plan. In areas draining to ORW waterbodies, the 2B .0225 rules should be consulted to verify if the discharge is allowed .at all and whether special effluent limits apply. If more stringent TSS (or other) limits are applicable, an individual NPDES permit will be required. This policy affects any NCG02 or NCG14 applicant proposing to discharge process wastewater to ORW-classified waters, waters draining to ORWs, or waters in the Lockwoods Folly River area. References: North Carolina Rules Governing Classifications and Water Quality Standards: 15A NCAC 02B Section .0200. CC'. Stormwater Permitting Guidance Materials File Floyd Williams, Division of Land Resources/Land Quality Section (Mining) DWQ Supervisor, Raleigh Regional Office DWQ Supervisor, Mooresville Regional Office DWQ Supervisor, Asheville Regional Office DWQ Supervisor, Winston-Salem Regional Office DWQ Supervisor, Wilmington Regional Office DWQ Supervisor, Washington Regional Office DWQ Supervisor, Fayetteville Regional Office J ENR — ENVIRONMENTAL MANAGEMENT TISA: 02B, A22's West Fork Alligator River, Juniper Creek, Southwest Fork Alligator River, Scouts Bay, Gum Neck Creek,, Georgia Bay, Winn Bay, Stumpy Creek Bay, Stumpy Creek, Swann Creek (Swann Creek Lake), Whipping Creek (Whipping Creel, Lake), Grapevine Bay, Rattlesnake Bay, The Straits, The Frying Pan, Coopers Creek, Babbitt -Bay, Goose Creek, Milltail Creek, Boat Bay, Sandy Ridge Gut (Sawyer Lake) and Second Creek, but excluding the Intracoastal Waterway (Pungo River -Alligator River Canal) and all other tributary streams and canals. I/ � (7) In the following designated waterbodies, the only type of new or expanded marina that shall be allowed shall be those marinas located in upland basin areas, or those with less than 10 slips, having no boats over 21 feet in length and no boats with heads. The only new or expanded NPDES permitted discharges that shall be allowed shall be non -domestic, non -process industrial discharges. (A) The Northeast Swanquarter Bay Area including all waters northeast of a line from a point at Lat. 35E 23N 510 and Long. 76E 21N 020 thence southeast along the Swanquarter National Wildlife Refuge hunting closure boundary (as defined by the 1935 Presidential Proclamation) to Drum Point. (B) The Neuse-Southeast Pamlico Sound Area (Southeast Pamlico Sound' Section of the Southeast Pamlico, Core and Back Sound Area); (Neuse River Basin) including all waters within an area defined by a line extending from the southern. shore of Ocracoke Inlet northwest to the Tar - Pamlico River and Neuse River basin boundary, then southwest to Ship Point. (C) The Core Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River Basin), including all waters of Core Sound and its tributaries, but excluding Nelson Bay, Little Port Branch and Atlantic Harbor at its mouth, and those tributaries of Jarrett Bay that are closed to shellfishing. (D) The Western Bogue Sound Section of the Western Bogue Sound and Bear Island Area (White Oak River Basin) including all waters within an area defined by a line from Bogue Inlet to the 00 / mainland at SR 1117 to a line across Bogue Sound from -the southwest side of Gales Creek to j It Rock Point, including Taylor Bay and the Intracoastal Waterway. (E) The Stump Sound Area (Cape Fear River Basin) including- all waters of • Stump Sound and �S Alligator Bay from marker Number 17 to the western end of Permuda Island, but excluding Rogers Bay, the Kings Creek Restricted Area and Mill Creek. �(� I n ' (F) The Topsail Sound and Middle Sound Area (Cape Fear River Basin) including all estuarine waters from New Topsail Inlet to Mason Inlet, including the Intracoastal Waterway and Howe Creek, but excluding Pages Creek and Futch Creek. 1 (8) In the following des ignated-•waterbodies, no new or expanded NPDES permitted discharges and only new or expanded marinas with less than 10 slips, having no boats over 21 feet in length and no boats with heads shall be allowed: �`� j ra(�i (A) The Swanquarter Bay and Juniper Bay Area (Tar -Pamlico River Basin) including all waters within a tine beginning at Juniper Bay Point and running south and then west below Great Island, then northwest to Shell Point and including Shell .Bay, Swanquarter and Juniper Bays and their tributaries, but excluding all waters northeast of a line from a point at Lat. 35E 23N 510 and Long. 76E 21N 020 thence southeast along the Swanquarter National Wildlife Refuge hunting �1�Cj-�� closure boundary (as defined by the 1935 Presidential Proclamation) to Drum Point and. also V excluding the Blowout Canal, Hydeland Canal, Juniper Canal and Quarter Canal. (B) The Back Sound Section of the Southeast Pamlico, Core and Back Sound Area (White Oak River ` Basin) including that area of Back Sound extending from Core Sound west along Shackleford Banks,- then north to the western most point of Middle Marshes and along the northwest shore of Middle Marshes (to include all of Middle Marshes), then west to Rush Point on Harker's Island, and along the southern shore of Harker's Island back to Core Sound. (C) The Bear Island Section of the Western Bogue Sound and Bear Island Area (White Oak River Basin) including all waters within an area defined by a line from the western most point on Bear xIsland to the northeast mouth of Goose Creek on the mainland, east to the southwest mouth of Queen Creek, then south to green marker No. 49, then northeast to the northern most point on Huggins Island, then southeast along the shoreline of Huggins Island to the southeastern most point of Huggins Island, then south to the northeastern most point on Dudley Island, then southwest along the shoreline of Dudley Island to the eastern tip of Bear Island. (D) The Masonboro Sound Area (Cape Fear River Basin) including all waters between the Barrier Islands and the mainland from Carolina Beach Inlet to Masonboro Inlet. (9) Black and South Rivers ORW Area (Cape Fear River Basin) [Index Nos. 18-68-(0.5), 18-68-(3.5), 18-68- (11.5), 18-68-12-(0.5), 18-68-12-(11.5), and 18-68-21: the following management strategies, in addition to the discharge requirements specified in Subparagraph (c)(1) of this Rule, shall be applied to protect the designated ORW areas: NORTH CAROLINA ADMINISTRATIVE CODE Ef. July 1, 2009 Page 3 o�oF w A r9Q� Michael F. Easley, Governor William G. Ross Jr., Secretary co r North Carolina Lhpartment of Environment and Natural Resources 7 � Q Alan W. hliiucl , I'.G. Director Division of Water Quality May 11, 2007 To: Stormwater Permitting Unit From: Bradley Bennett, Stormwater Permitting Unit Supervisor Subject: Permitting Policy for NPDES General Permits NCG020000 & NCG1.40000 when Discharge Proposed to ORW-Classified Waters or Waters with Special Water Quality Management Plans This memo clarifies the permitting policy for proposed discharges to waters classified as Outstanding Resource Waters (ORWs) under NPDES, general permits NCG020000 (Mining Activities) and NCG140000 (Ready -Mix Concrete). These are the only two general permits issued by the Stormwater Permitting Unit (SPU) that allow both stormwater and process wastewater discharges. This guidance also addresses the special case of the Lockwoods Folly River area in the Lumber Basin. ORW Rules. Section 15A NCAC 02B .0225 (c) outlines quality standards for ORWs. The standards for freshwater ORW stipulate that "No new discharges or expansions of existing discharges shall be permitted, and stormwater controls for all new development activities requiring an Erosion and Sedimentation Control Plan ... shall be required to follow stormwater provisions as specified in 15A NCAC 02H .1000." Unlike in the Water Supply rules, general permits are not exempted from these restrictions. Later in 2B .0225, specific waterbodies are addressed. For some of these waterbodies, the rules allow new or expanded NPDES permitted "non -domestic, non -process industrial' discharges. Discharges directly to freshwater ORWs. While DWQ interprets the rules to allow stormwater-only discharges'to ORWs, the language does not allow new or expanded process wastewater discharges directly to ORW designated segments. NCG02 and NCG 14 both allow process wastewater discharges; therefore, proposed new or expanded wastewater discharges under these general permits should not be approved. Projects proposing to discharge only storm tvater or those proposing a closed -loop recycle system to manage wastewater are still allowed. "Closed -loop" systems at ready -mix concrete sites will include those designed to contain the 25-year, 24-hour storm plus one foot of freeboard. Discharges directly to saltwater ORWs. Section 28 .0225 (c) (2) requires a public hearing for any proposed permits to discharge to saltwater ORWs. However, general permits do not necessarily go through a public hearing during the notice process- For this reason, and for consistency with our policy regarding discharges to freshwater ORWs, the SPU will not approve new or expanding wastewater discharges to saltwater ORWs under NCG02 or NCG.14. NpithCarolina ,A'aturall f North Carolina Division of V4'atcr Quality 1617 Mail Service Center Raleigh. NC 27699A617 Phone (919)733-50R3 Customer Service Internet: www•.ncwaterquality.ora Location: 512 N. SalisburySt. Raleigh, NC 27604 Fax (919) 733-9612 1-977-623-6748 An Equal opportunityJAflirmative Action Employer— 50% Recycledfl0% Post Consumer Paper DWQ Stormwater Permitting Policy for ORW Waters May 11, 2007 Discharges to waters draining to ORWs. Depending on the watershed, there are different requirements for waters draining to ORWs. In some areas, new or expanding process wastewater discharges are prohibited in undesignated tributaries draining to the ORW water. For other ORW waterbodies, the rules require effluent limits for discharges located upstream. In those site -specific cases; the Total Suspended Solids (TSS) parameter is relevant to both the NCG02 and NCG14 permits; that limit is 20 mg/I and 10 mg/1 if trout waters are affected. Currently the NCG02 and NCG14 permit limits are not that stringent and do not address discharges upstream of ORWs. Therefore, even proposed wastewater discharges in areas where these limits apply should not be issued a Certificates of Coverage (COC) for NCG02 or NCG 14. Those projects will need to apply for an individual NPDES permit (unless these permits are revised in the future to address these cases). The waterbodies where effluent limits apply are listed in 213 .0225. Discharges to The Lockwoods Folly River Area (Lumber Basin). Section 15A NCAC 02B .0227 addresses waters protected by Water Quality Management Plans. Currently, the rule prohibits new or expanding NPDES industrial. process wastewater discharges to all waters of the lower Lockwoods Folly River "in an area extending north from the Intracoastal Waterway to a line extending from- Genoes Point to Mullet Creek." Most segments of this river are actually classified HQW in BIMS with no indication of a special management strategy, so a reviewer needs to be aware of this special case. As with dischargers to ORW segments, a COC for wastewater discharges under an NCG02 or NCG14 permit will not be issued for these receiving waters. This rule does allow non -domestic, non -industrial process type discharges (e.g., stormwater), and the SPU interprets the mandatory public hearing requirement to apply only to individual wastewater permits (as with saltwater ORWs). DWQ will not permit new or expanding NPDES wastewater discharges under NCG02 or NCG14 that propose discharge directly to freshwater or saltwater ORW- classified waterbodies, or to waters protected by the Lockwoods Folly River Area Water Quality Management Plan. In areas draining to ORW waterbodies, the 2B .0225 rules should be consulted to verify if the discharge is' allowed at all and whether special effluent limits apply. If more stringent TSS (or other) limits are applicable, an individual NPDES permit will be required. This policy affects any NCG02 or NCG 14 applicant proposing to discharge process wastewater to ORW-classified waters, waters draining to ORWs, or waters in the Lockwoods Folly River area. References: North Carolina. Rules Governing Classifications and Water Quality Standards: 15A NCAC 02B Section .0200. cc: Stormwater Permitting Guidance Materials File Floyd Williams, Division of Land Resources/Land Quality Section (Mining) DWQ Supervisor, Raleigh Regional Office DWQ Supervisor, Mooresville Regional Office DWQ Supervisor; Asheville Regional Office DWQ Supervisor, Winston-Salem Regional Office DWQ Supervisor, Wilmington Regional Office DWQ Supervisor, Washington Regional Office DWQ Supervisor, Fayetteville Regional Office Georgoulias, Bethany From: Georgoulias, Bethany Sent: Friday, July 19, 2013 11:19 AM To: Conway, Jean Cc: Bennett, Bradley- Gregson, Jim Subject: S&P Sand and Gravel - Bogue Pit Attachments: NCG020845_NOI. pdf Hi Jean, Thanks again for the discussion on this one today. Attached is a copy of the NOI, and I've just put a copy of the larger site plan in the interoffice mail. We decided: -We can move forward with NCG02 on this one, but we will restrict the conditions/allowable discharges on the Certificate of Coverage (COC) to prohibit new process wastewater discharges to any ORWs (Basis: 213 .022S, Western Bogue Sound Section that includes Goose Creek and waters draining to]. We have done this before, and current General Permit language references the possibility that a facility's COC will specify which discharges are or are not allowed. Further, restrictions on operation will be addressed in the O&M Plan that will be approved by the regional office (may need to draw on help from others in DWQ). -We need additional information from the applicant. SPU will work with Jean to request this from Mr. Williford. This includes: 1 > Wetlands delineation (CO-fp) > More information about proposed operation > Pumping/Draining 0&M Plan for this operation — need to begin working with WiRO on developing this for his site, even if final approval extends past COC issuance. [CO will hold off on issuance until you feel comfortable either with final O&M, or that he's on the way to developing an acceptable one.] -Discuss possibility of no dredging discharges with DMLR counterpart and advise/discuss with applicant. -Discharge volumes will be restricted to Sanders Creek because of SA; HQW classification. Need a' 7Q10 equivalent" low flow condition estimate because flow limit will apply under the permit, and these are tidally influenced waters. WW discharges also need to be approved by Shellfish Sanitation (Div. Marine Fisheries) before we can issue the COC. lean — may need some more clarification here on what discharges actually flow here, since most of what we talked about today was the gravity flow in the ditched area leading to the trib of Goose Creek. This should also be addressed in O&M. Anything else? Thanks, Bethany Bethany Georgoulias 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) 807-6372 Fax: (919) 807-6494 I M7_013 tw po5s p �OV YW(A rA d,t S dACV -tUi-r�?� NEW Website: http://portal.ncdenr.org/web/wq/ws/su ( 4, r � �1Vd Y'DG E-mail correspondence to and from this address may be subject to the North Carolina Public r 1 1 Records Law and may be disclosed to third parties. ( ��&\,r x f1 Stir 1 D An�ti,rte. S�.Pilrt�ll,tit,t 5 9S Geor oulias, Bethan From: Conway, Jean Sent: Friday, July 19, 2013 11:30 AM To: Georgoulias, Bethany Cc: Lambe, Brian Subject: S&P Mine Attachments: Jean Conway.vcf Bethany, Thanks for setting up the conference call to help clarify the mine dewatering permit for S&P. I talked with Brian Lamb and Dan Sams from DEML and told them what we are working on the get the site permitted and in line with our rules. This will be a good opportunity to get them familiar with the NPDES permit and hopefully we can all work to get the site in compliance with both permits. It appears that site was-formalay?;p�rmitted as the Glenn Russell mine (not Rouse) Permit # NCG020582 from DEML records. t7l BIMS list the site as inactive as �1011/2010 and the site address as Russell Rd which is a few miles west on rt 24. I could not find any inspections or staff review on the site but will continue to search. Talk to you next week. Have a good weekend. Jean Note: E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ;� ��^ ± •'.�w. - a. � i * �-, _ "-, � r "''. +Cn.s _�J� 10'"";\ _ ;, �,CIIY 1'F ^ ��'�� � •ti :'h �' `�\ 7 `.' �� 1 w- tUICe6- .»�"--.a. r?Q G9'Si r1 /r r_ -.e. - _ _ .S -` > :h' !:• L_i . I K.� •y " -.. ��.. •a.1i w:-I � r, � ,,.I�� � � r.,4 1 ^I J7�'11�Y-.s1 L' T �S• ,5^ '. 1 _ l/`� �� � •. n !'=' � .e. � — _ a —}DJµ � � 1 � t �J � � 1 �• ~ - uti• S� �� SJ r,l�, �-""_� ���... rr.� V��_`�lh•'i'=r`'-��„� `` ' S.4J� '��i � Gain& Ghee y �-- � � I •�,,.f !�� � �- �.., ,.. � ,o`er , � � � /' ,,;� • . -, � �I , �, t,��l•.,. I ,.Br.�ad=cr.�� 1 �._- ; � Q:i � r3 � � _- z' `1I— �rAt•. ,1 1 ' �� ✓ir e..: j J , % n� }`oj` • ` 'ti r .: INSC �r Ll ��= � III �� II �—� , �`��_ _ • � - f � , ` its, r ••11• f AIR ni �f f,Y f•'_• '`'J - CtItHRYPOINT Reek SEhtt n[_ _ Path �.••"�•a•.-. MIEJTO REStRVwma) 1'� •Paint ��� 1 a+d EJPM1 TOt4U.AtIIr7—�—=^•--^-" '' • �_ .� - - • -Ganz'_ . ,,.•"' 13 1 >3 •_ l 1' Z 'w.ne lam,•," rrtod;en � S •e� II, {] ,1i `, Blsnd._ _ - .�.,.^ avach �<j%�rtfAMC`�i _ .-1•'-'`.:,Y tneialdr �bleRtl: �.� . • tilt W. ny� J ram, ��l . ,yam f, I' • _- I This map was produced for illustrative purposes as a general guide to assist the public. Informational data used for this map were collected from federal, state, county, and private organizations. While every effort is made to keep this map accurate and up to -date, it is not intended to replace any official source. Under no circumstances shall the z ; State of North Carolina be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance. 7 I.378 Background imagery are U.S. Geological Fishery Nursery Areas Fishery Nursery Areas Survey 1:100,000•scale planimetric maps. ® Primary H Permanent Secondary Map Datum: NAD83 ® Special Secondary Map Projection: NC State Plane Map Date: July2000 MARINE © Military Danger 1000 0 1000 2000 Yards FMHERIF$ Zones and — Restricted Areas locator map 0.7 0 0.7 1A Miles cx. Ij® IMandwaters(WRCjudsdletim) Map 21