HomeMy WebLinkAboutNCG020761_COMPLETE FILE - HISTORICAL_20100122MT)D
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
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DOC TYPE
14, HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Fre
Governor Director Seci
January 22, 2010
Mr, Steve Moose
Statesville Brick Company
P.O. Box 471
Statesville, NC 28687
Subject- General Permit No. NCG020000
Statesville Brick Mine 11
COC NCG020761
Iredell County
Dear Mr. Moose:
In accordance with your application for a discharge permit received- on December 16,
.2009, we are forwarding herewith the subject certificate of coverage to discharge under the sul
state.— NPDES general pcnnit. This pennit is issued pursuant to the requirements of North
Carolina General Statute 143-215.1 and the Memorandum of Agreetncnt between North Caroli
and the US Environmental Protection Agency dated October 15, 2007 (or as subsequently
amended).
Please tape notice that this certificate of coverage is not transferable except after notice
the Division of Water Quality. The Division of Water Quality may require modification or
revocation and reissuance of the certificate of coverage.
Per the requirements of the Catawba Riparian Buffer Rule, all stormwater drains
to stream. buffers, from portions of this site that have been constructed after .tune 30, 200
must be discharged through a correctly designed level spreader or another device that nil
diffuse flow requirements per 15A NCAC 2B .0243. Diffuse flow requirements are describe
Chapter 8.of the North Carolina Stornwater BMP Manual, available at;
http://h2o-ciir.state.ne.us/su/bmp fonrls.htm
This permit does not affect the legal requirements to obtain other pen -nits which may bt
required by the Division of Water Quality or pennits required by the Division of Land Resourc
Coastal Area Management Act or any other federal or local governmental permit that may be
req ui red.
If you have any questions concerning this permit, please contact Robert Patterson at
telephone number (919) 807-6375.
Wetlands and Stormwater Branch One
1617 Mail Service Center, Ralegh, North Carolina 27699-1617 1N 1��QI �11Cc`1I'O1 I Ild
Location: 512 N Salisbury St. Raleigh, North Carolina 27604 ����l`�����
Phone: 919.807-6300 i FAX: 919 807-6494 L Customer Service: 1-877-62a-6748
Internet: www.nrwaterquality.org
Mr. Steve Moose
Statesville Brick Mine I1—NCG020761
January 22, 2010
Sincerely,
ORIGIN& SIGNED EY
KEN PICKLE
foi- Coleen H. Sullins
cc: Mooresville Regional Office, Mike Parker
Central Files
Stonnwater Permitting Unit Files
1
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020761
STORMWATER DISCHARGIES
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 Coimission, and the Federal Water Pollution Control Act, as amended,
Statesville Brick Company
is hereby authorized to discharge stonnwater from a facility located at
Statesville Brick Mine 11
391 Brick Yard Road
Statesville
Iredell County.
to receiving waters designated as the Catawba River (Lake Nonnan), a class WS-IV, B, CA
water in the Catawba River Basin, in accordance with the effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, 11, 111, IV, V, and V I of General Pennit No.
NCG020000 as attached.
This certificate of coverage shall become effective January 22, 2010.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this 22"`' day of January, 2010.
ORIGINAL SIGNED BY
KEN PICKLE
fa• Coleen H. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
NCG0207f 1
Map Scale 1 30, 000
Statesville Brick Company
Statesville Brick Mine II
Latitude: 350 42' 44" N
Longitude: 810 02' 04" W
County: Iredell
Receiving Stream: Catawba River (Lake Norman)
Stream Class: WS-II, B; CA
Sub -basin: 03-08-32 (Catawba River Basin)
Facility Location
Patterson, Robert
From: Parker, Michael
Sent: Thursday, January 14, 2010 3:42 PM
To: Patterson, Robert
Subject: RE: NCG020761 - Statesville Brick'Mine 11
Robert,
I don't know of any reason why we shouldn't Issue it.
I was on vacation when you sent the original email. 1 assumed Samar replied to it.
Mike
From: Patterson, Robert
Sent: Thursday, January 14, 2010 1:24 PM _
To: Parker, Michael
Subject: FW: NCGO20761 - Statesville Brick Mine II
Mike,
Just wanted to check again with you on this one (see email below). It is nice to actually have a mine that will not be
dewatering for a change. Let me know if you have any issues.
Thanks
Robert
From: Patterson, Robert
Sent: Monday, December 21, 2009 8:28 AM
To: Parker, Michael
Cc: Bou-ghazale, Samar
Subject: NCG020761 - Statesville Brick Mine II
Mike / Samar,
Please see NO1 attached.
We have received an application for coverage of a new facility under NCG 02 from Statesville Brick Company. The
facility drains to the Catawba River (Lake Norman) (class WS-IV, B; CA) in Statesville (Iredell County). This is a clay mine.
No dewatering, vehicle maintenance, or haz waste. Does the MRO have any concerns about issuing this facility a COC
for this general permit?
Thanks!
Robert D. Patterson, PE
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting
1617 Mail Service Center, Raleigh, NC 27699-1617 (mp.:irng)
512 N. Salisbury St, Raleigh, NC 27604 (Location & Parcels)
(919) 807-6375 Phone 1 (919) 807-6494 Fax
1
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:
Statesville Brick Company
Statesville Brick II Mine
Iredell County — Permit No. 49-20
for the operation of a
Clay 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: August 15 2012
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, 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 the 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
Whenever 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.
Modifications
February 19, 2009: This permit has been modified to include the addition of 321.9 acres of
undisturbed buffer as indicated in the modification request and Site Plan received October 28,
2008.
Expiration Date
This permit shall be effective from the date of its issuance until August 15, 2012.
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:
Page 3-
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental 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 land and to preserve the integrity of the natural watercourse
or wetland.
B. Any mining activity affecting waters of the State, water 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. Mining activities, including the installation and maintenance of the approved
sediment basins and associated diversion channels, shall be conducted as
indicated on the Mining Plan (Sheet S-1) received by the Land Quality Section on
July 15, 2002, the Cross Section "A" map (Sheet S-2) last revised February 7,
2002, the Cross Section "B" map (Sheet S-3) dated January 2, 2002, and the
Details sheet (Sheet D-1) dated January 2, 2002.
5. All affected area boundaries (15.73 acres) shall be permanently marked at the site on
100-foot intervals unless the fine of sight allows for larger spacing intervals.
Page 4
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
7. The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary or right-of-way to protect adjacent property.
10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained
around the perimeter of any highwall.
11, 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 defined by G.S. 74-49 (14) of The Mining Act of 1971 generated
on -site and directly associated with the mining activity may be disposed of in a
designated refuse area. All other waste products must be disposed of in a
disposal facility approved by the Division of Waste Management. No petroleum
products, acids, solvents or their storage containers or any other material that
may be considered hazardous shall be disposed of within'the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses
6. drill steel
Page 5
D, If mining refuse is to be permanently disposed within the mining 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.
12. An annual Reclamation Report shall be submitted on a form supplied by the Department
by February 1 of each year until reclamation is completed and approved.
13. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit and any approved revisions to
it. Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00
blanket bond, is sufficient to cover the operation as indicated in the approved
application. This security must remain in force for this permit to be valid. The total
affected land shall not exceed the bonded acreage.
15. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant archaeological
resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act, " should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.
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.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or 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 regrade and satisfactorily revegetate any disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for planned
future use are as follows:
Page 7
A. All the final perimeter sideslopes shall be graded to a 6 horizontal to 1 vertical or
flatter slope.
B. Any settling ponds or sediment basins shall be backfilied and stabilized.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed.of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition 11A through D.
F. The affected land 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/Acre
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 25 Lespedeza (unscariffed) 30
German millet 40
October 25 — February 15 Rye (grain — temporary) 120
Soil Amendments
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
Ibs/acre and anchored appropriately.
M-
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.
This permit, issued August 15, 2002, is hereby modified this 19"' day of February, 2009
pursuant to G.S. 74-52.
�11t James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
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