NCG520037_Regional Office Historical File Pre 2018

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B: Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
JAMES SPANGLER
JAMES SPANGLER/METCALF RD PIT,
228 W. DOUBLE SHOALS ROAD
SHELBY NC 28150
Dear Permittee:
September 30,1993
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Subject: JAMES SPANGLER/METCALF RD PIT
Certificate of Coverage NCG520037
General Permit NCG520000
Formerly NPDES Permit NC0078182
Cleveland County
The Division of Environmental Management has recently evaluated all existing individual permits for potential
coverage under general permits currently issued by the Division. 15A N.C.A.C. 2H .0127 allows the Division to
evaluate groups of permits having similar discharge activities for coverage under general permits and issue
coverage where the Division finds control of the discharges more appropriate in this manner. The Division has
determined that the subject discharge qualifies for such coverage. Therefore, the Division is hereby issuing the
subject Certificate of Coverage under the state-NPDES general permit no. NCG520000 which shall void NPDES
Permit NC0078182. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the
US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently
amended.
If any parts, measurement frequencies or sampling requirements contained in this general permit are unacceptable to
you, you have the right to submit an individual permit application, associated processing fee and letter requesting
coverage under an individual permit. Unless such demand is made, this decision shall be final and binding. Please
take notice this Certificate of Coverage is not transferable. Part II, E.4. addresses the requirements to be followed
in case of change of ownership or control of this discharge.
In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those as may be required by this Division, such as the
construction of additional or replacement wastewater treatment or disposal facilities. Construction of any
wastewater treatment facilities will require issuance of an Authorization to Construct from this Division.
Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may
subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require
monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division
unless specifically requested, however, the permittee is required to maintain all records for a period of at least
three (3) years.
Post Office Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Page 2
JAMES SPANGLER
JAMES SPANGLER/METCALF RD PIT
Certificate of Coverage No. NCG520037
The issuance of this Certificate of Coverage is an administrative action initiated by the Division of
Environmental Management and therefore, no fees are due at this time. In accordance with current rules, there
are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee
you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31,1997.
This coverage will remain valid through the duration of the attached general permit. The Division will be
responsible for the reissuance of the general permit and at such time, you will be notified of the procedures to
follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued
coverage, you will continue to be permitted to discharge in accordance with the attached general permit.
The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be required by the Division of Environmental Management
or permits required by the Division of Land Resources, the Coastal Area Management Act or any Federal or
Local other governmental permit that may be required.
If you have any questions or need additional information regarding this matter, please contact either the
Mooresville Regional Office, Water Quality Section at telephone number 704/ 663-1699, or a review engineer
in the NPDES Group in the Central Office at telephone number 919/733-5083.
Sincerely,
A. Preston Howa r., P.E.
cc: Mooresville Regional Office
Central Files

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATU ¢,�, §Q.Ia C s
DIVISION OF. ENVIRONMENTAL MANAGE M soVjr saran
2 1993
GENERAL PERMIT NO. NCG520000
CERTIFICATE OF COVERAGE No. NCG520036
?;,Llli
60t���99[OEpp
�3OOYiS.J�IL6� YV.6.L7`.'.f6fV.Y:C..
TO DISCHARGE SAND. DREDGING WASTEWATER AND SIMILIAR WASTEWATERS UNDER THE
NATIONAL POLLUNTANT 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,
JAMES SPANGLER/METCALF RD PIT
is hereby authorized to discharge treated sand dredging wastewater from a facility located at
JAMES SPANGLER/METCALF RD PIT
Cleveland County
to receiving waters designated as the FIRST BROAD RIVER/BROAD RIVER BASIN
in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,
III and IV of General Permit No.NCG520000 as attached.
This certificate of coverage shall become effective November 1, 1993.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day, September 30,1993.
A. Preston Howar , Jr., P.E.,Director
Division of Environmental Management
By Authority of the Environmental Management Commission

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A4�1
[DEHNR
:uf C. 3DF7 vr. Or r4ATUPAS
September 22, 1993 A�,QC URCES AND
03P/III 1 TY uY_ VrL yTWN r
JAMES C SPANGLER SIT 2 4 1993
METCALF ROAD PIT
228 W DOUBLE SHOALS ROAD EN1'IR�PI9EtliAlnrlacEmF
19
SHELBY NC 28150 ;ai�J��t��J1RLE tf�lav�el�l 11FFfEi:
Subject: Rescission of NPDES Permit No. NCO078182
Metcalf Road Pit
Cleveland County
Dear Mr. Spangler:
The Division of Environmental Management has received information from the
Mooresville Regional Office which confirms that the subject mine never operated to
discharge to the surface waters of the State of North Carolina. Therefore, as you
requested, NPDES Permit Number NCO078182 is hereby rescinded, effective
immediately.
If in the future, you determine that you wish to have a discharge, you must first apply
for and receive a new NPDES Permit. Discharging without a valid NPDES Permit will
subject the discharger to a civil penalty of up to $10,000 per day.
If there is a need for any additional information or clarification, please do not hesitate
to contact Robert Farmer at [phone], ext. 531.
rz
Sincerely,
A. Preston Howard, Jr., P.E.
cc: Mr. Jim Patrick, EPA
Cleveland County Health Department
`Mooresville -Regional Office
Pernuts & Engineering Unit - Coleen Sullins
Fran McPherson, DEM Budget Office
Operator Training and Certification
Technical Support Branch
Facilities Assessment Unit - Robert Farmer - w/attachments
Central Files - Wattachments
Aquatic Toxicology - Larry Ausley
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

SOC PRIORITY PROJECT: Yes x No_
If Yes, SOC No.
To: Permits and Engineering Unit
Water Quality Section
Attention: Coleen Sullins
Date: December 17, 1993
NPDES STAFF REPORT AND RECOMMENDATION
County: Cleveland
Permit No. NCG520040
PART I - GENERAL INFORMATION
1.
2.
3.
4.
5.
C-V
7.
8.
Facility and Address: Spangler Sand, Inc.
228 W. Double Shoals Road
Shelby,,North.Carolina 28150
Date of Investigation: December 14, 1993
Report Prepared By: Samar Bou-Ghazale, Env. Engineer I
Persons Contacted and Telephone Number: Mr. James C. Spangler
Tel # [phone]
Directions to Site: From the intersection of Double,Shoals
Rd. (SR 1809) and Spangler Rd. (SR.1811) in Double Shoals,
south of lawndale, proceed east along Double Shoals Rd. for
approximately 2000 ft. The mine site is located at the bridge
on the North (left) side of the road.
Discharge Point(s). List for all discharge points:
Latitude: 35022'55.74" Longitude: 81132'57.46"
Attach a U.S.G.S. map extract and indicate treatment facility
site and discharge point on map.
U.S.G.S. Quad No.: F 12 NE U.S.G.S. Name: Lawndale, NC.
Site size and expansion are consistent with application?
Yes x No If No, explain:
Topography (relationship to flood plain included): The
dredging operation is taking place in First Broad River along
a section of the river bottom approximately 100 ft long. the
sand is being processed along the top of the bank
approximately 15 feet above the river; the settling basin is.
located approximately 5 feet above the river.

S S
9. Location of nearest dwelling: none within 500 feet.
10. Receiving stream or affected surface waters: First Broad
River
a. Classification: WS-IV
b. River Basin and Subbasin No.: Broad River
C. Describe receiving stream features and pertinent
•downstream uses: The receiving river passes through a
rural area that is forested and undeveloped. There are
no known users downstream.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. a. Volume of wastewater to be permitted: .3744 MGD
(Ultimate Design Capacity)
b. What is the current permitted capacity of the wastewater
treatment facility? N/A
C. Actual treatment capacity of the current facility
(current design capacity)? N/A
d. Date(s) and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: N/A
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities: The
treatment facility consist of a settling pond with a
surface area of approximately 1 acre.
f. Please provide a description of proposed wastewater
treatment facilities: N/A
g. Possible toxic impacts to surface waters: N/A
h. Pretreatment Program (POTWs only): N/A
2. Residuals handling and utilization/disposal scheme: N/A
3. Treatment plant classification (attach completed rating
sheet):
4. SIC Code(s): 1442
Wastewater Code(s) of actual wastewater, not particular
facilities, i.e., non -contact cooling water discharge from a
NPDES Permit Staff Report
Version 10/92
Page 2

metal plating company would be 14, not 56.
Primary: Secondary:
Main Treatment Unit Code:
PART III - OTHER PERTINENT INFORMATION-
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved (municipals only)?
N/A
2. Special monitoring or limitations (including toxicity)
requests: N/A
3. Important SOC, JOC or Compliance Schedule dates: (please
indicate) N/A
4. Alternative Analysis Evaluation: Has the facility evaluated
all of the non -discharge options available. Please provide
regional perspective for each option evaluated. N/A
5. Air Quality and/or Groundwater concerns or hazardous materials
utilized at this facility that may impact water quality, air
quality, or groundwater: N/A
PART IV - EVALUATION AND RECOMMENDATIONS
Spangler sand Inc. is applying for an NPDES permit to
discharge water from a settling basin used in a sand dredging
operation. Adequate settling capacity has been provided on the
site with a trapping efficiency of greater than 75%. According to
design criteria a settling basin of 250 square feet is to be
provided; the existing basin is approximately 1 acre.
It is recommended that the permit be issued.
gnat{ire of
Water Quality
2
Dat
Preparer
gional Supervisor
NPDES Permit Staff Report
Version 10/92
Page 3

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A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST

r State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
V James B. Hunt, Jr., Governor
S� Jonathan *B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
James C. Spangler
Spangle Sand, Inc.
228 W. Double Shoals Road
Shelby, NC 28150
Dear Mr. Spangler:
C)EHNF=I
N.C. DEPT. OF
November 17, 1993 : - ENVIRONMENT, I1EALTH ,
& NATURAL RESOURCES
NOV 2 2 1993
OIVISIQN OF EWIRONIENTAL MANAGEW
MOORESILE REGiOIAL OFFiLF
Subject: NOI Application
NPDES: NCG520040
Spangler Sand, Inc..
Cleveland County
This letter is to acknowledge receipt of your application dated November 6, 1993 for
coverage under General Permit -for sand dredging operations and similar discharges. The
permit number highlighted above has been assigned to the subject facility. By copy of this
letter, we are requesting that our Regional Office Supervisor prepare a staff report and
recommendations regarding this discharge.
If you have questions regarding this matter, please contact Susan Robson at (919)
733-5083.
Sincerely,
Coleen Sullins, P.E.
Supervisor, Permits and Engineering Unit
cc: tMooresville Regional Office (with attachments)
Permits and Engineering Unit
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal -Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
God fo
ear 3'7. -
N.C. DEFT. OF -10 X4A' P
F-WIRONM$NT, 11EALTR ,
,% NATURAL RESOURCES
NOV 2 2 1993
Department of Environment, Health and Nature esou 1MIC T
Division of Environmental Management UNISi�W! OF E! ILLE P�irGUA M�RGEMENi
512 North Salisbury Street • Raleigh, North Carolina 27611 PAOORESV!llE REG!�Pll �FFlCE
James G. Martin, Governor
William W. Cobey, Jr., Secretary
NOTICE OF INTENT
A. Preston Howard, Jr., P.E.
Acting Director
National Pollutant Discharge Elimination System
Application for Coverage under General Permit NCG520000; sand dredging operations and
1: L
similar point source dis&,argcs.
1. Name, Address , location, and telephone number of facility requesting Permit.
A.
Official Name: Spangler Sand, Inc
228 W. Double Shoals Road
B.
Mailing Address:
(1)Street" Address;
(2)City; Shelby
(3)State; North Carolina
;
28150
(4)Zip;
(5)County;Cleveland
C.
Location. (Attach map delineating general facility location)
(1)Street Address; 228 W Double Shoals Road
::la
(2)City; Shelby
P
(3)State; North Carolina, ?8150
(4)County; Q Pveland
D.
Telephone Number; (_J_45)
2. Facility Contact:
A. Name; James C Spangler
B.
Title; President
C.
Company Name; Spangler Sand, Inc.
D.
Phone Number; (7 0 4) 538 - 85 6 6
3. Application type (check appropriate selection):
A. New or Proposed; X
B . Existing; If previously permitted, provide permit number
and issue date
C. Modification;
;Describe the nature of the modification):
4. Description of discharge
A. Please state the number of separate discharge points.
J,H; 2,W; 3,[1; 4,[1; ._,[]. 2nd discharge point alternate, may not be used.
B. Please describe the amount of wastewater being discharged per each separate discharge point:
1: gallons per day (gpd) 2: (gpd) 3: (gpd) 4: (gpd)
374,400 GPD - Proposed figure - Zero discharge at present. Installing
larger pump which may require discharge into river.
Page 1

;. Check the duration and frequency of the discharge, per each separate discharge point:
1. Continuous
2. Intermittent (please descfbe): Ay a i l s 1� l a n a n d A Z A n ri o o f r a i n f a l l
3. Seasonal (check months) the discharge occurs): January [ ]; February [ ]; March [ ]; April [ ],
May [ ]•June [ ]; July [ ];,August [ ]; September [ l; October [ ];November [ l; December [ ]•
4.How many days per week is there a discharge?(check the days the discharge occurs)
Monday Id, Tuesday k], Wednesday jrj, Thursday [,Friday [1, Saturday [ 1, Sunday [ ]•
5.How much of the volume discharged is treated? (state in percent) C %
D. Describe the type of wastewater being discharged, per separate discharge point;
Clean water -having settled out in settling pond (s) from, be
E. Please describe the type of process the sand dredging wastewater is being discharged
specific; Higher elevation of sand pits allows natural drainage into
settling pond( ) befo e, dj.schar i nto ri e
F. Is there any type of treatment ng mcorpora�tWt% the wastewaferrbefore discharge (Check the
type of treatment in use)
1. Settling Pond;
2. Lagoon;
3. Other(Please Describe);
4. None; Y (no treatment)
5.If 1,2, or 3 above were checked, please give design specifics (i.e. design volume, retention time,
surface area, etc.). Existing treatment facilities should be described in detail and design
criteria or operational data should be .provided(including calculations) to ensure that the
facility can comply with requirements of the General Permit. The treatment shall be
sufficient to meet with the limits set by the general permit. The trapping efficiency should
be greater than 75%. This may be achieved by having the surface area for the pond/lagoon
to be equal to 0.01 times the peak inflow rate in cfs. The surface area should be as large as
possible to insure sedimentation occurs. To secure optimum efficiency the flow length of the
basin to the basin width should have a ratio of 2:1.
6. Do you have or are you proposing any form of erosion control for this facility?
Entire area BE:eded'in Fescue Grass and Natural growth
NOTE: Construction of any wastewater treatment facilities require submission of three (3) sets of plans
and specifications along with their application. Design of treatment facilities must comply
with requirement 15A NCAC 2H .0138. If construction applies to the discharge, include the
three sets of plans and specifications with the application.
5. What is the nature of the business applying for this permit.
sand Dredging (pumping)
6. Name of receiving water: Fir s t Broad R i ve xClassification: ws - I I I
(Attach a USES topographical map with all discharge point(s) clearly marked, this should
include the area the dredging occurs as well as the exact location of the discharge)
7. Is the discharge directly to the receiving water?(Y,N) N
If no, state specifically the discharge point. Mark clearly the pathway to the potential
receiving waters on the site map. (This includes tracing the pathway of the storm sewer to its
discharge point, if a storm sewer is the only viable means of discharge.) Wa t e r w i 11 g o t o
settling pond(s), then to river
8. Please address possible non -discharge alternatives for the following options: N/A
A. Connection to a Regional Sewer Collection System,
B. Subsurface Disposal;
C. Spray Irrigation;
Page 2

Q.
-ertify that I am familiar with the information contained in the application and that to the best of
riowledge and belief such information is true, complete, and accurate.
Printed Name of Person Sigtung James C. S p a na l e r
Title President
--�
Signature of
Any person who knowingly makes any false statement, representation, or certification in any
application, record, report, plan or other document filed or required to be maintained under Article 21 or
regulations of the Environmental Management Commission implementing that Article, or who falsifies,
tampers with or knowingly renders inaccurate any recording or monitoring device or method required to
be operated or maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to
exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides
a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a
similar offense.)
Notice of Intent must be accompanied by a check or money order for $400.00 made payable to the North
Carolina Department of Environment, Health, and Natural Resources. Mail three (3) copies of entire
package to:
Division of Environmental Management
NPDES Permits Group
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Page 3

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DIVISION OF ENVIRONMENTAL MANAGEMENT
September 10, 1993
Memorandum To: Dianne Williams Wilburn
From: D. Rex Gleason n�
lJ
Prepared By: Kim H. Colson W��
Subject: James C. Spangler
Metcalf Road Pit
NPDES Permit No. NC0078182
Cleveland County, NC
This Office has reviewed the request to rescind the
Permit and has confirmed that the subject mine was never
operated. It is recommended that the Permit be rescinded as
requested.
If you have any questions concerning this matter,
please advise.

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
i
�Vnn ,James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
�••
000% ftm 1111111111111L
1— ®E ® NATURAL
ILESOURCES AN
IMMUNITY DEVTLOrir.-�.
JAMES C SPANGLER
September 2, 1993
CEP 0 7 199.3
METCALF ROAD PIT aF F.;�;;;i, ,.;
228 W DOUBLE SHOALS ROAD YOURL�4tig.E fl&M I OFFICE T
SHELBY NC 28150
Subject: Acknowledgment of Permit Rescission Request
Metcalf Road Pit
NPDES Permit No. NCO078182
"le MU d5ounty
Dear Mr. Spangler:
This is to acknowledge receipt of your request that NPDES Permit No. NCO078182
be rescinded. Your request indicated that the permit is no longer needed.
By copy of this letter, I am requesting confirmation from our Mooresville Regional
Office that this permit is no longer needed. After verification by the regional office that the
permit is no longer needed, NPDES Permit No. NCO078182 will be rescinded.
If there is a need for any additional information or clarification, please do not hesitate
to contact Robert Farmer at [phone], ext. 531.
S cerely,
ne Williams Wilburn, Supervisor
Compliance/ Enforcement Group
cc: Water Quality Regimi'al' Supervisor w/attachrinents
Permits & Engineering Unit - Coleen Sullins - w/attachments
Compliance/Rescission Files - Wattachments
Central Files- w/attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

PER6d11TTEE:
JAMES SPANGLERMEETCALF RD PIT
22.8 W. DOUBLE SHOALS ROAD
SHELBY NC 28150
07/13/93
Remit To:
Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611-7687

NPDES FACILITY AND.PERMIT DATA
ETRIEVE OPTION TRXID 6NU KEY NC0078182
RSONAL DATA FACILITY APPLYING FOR PERMIT REGION
ACILITY NAME> JAMES.SPANGLER/METCALF RD PIT COUNTY> CLEVELAND 03
.DDRESS: MAILING (REQUIRED) LOCATION (REQUIRED)
STREET: 228 W. DOUBLE SHOALS ROAD STREET: METCALF ROAD
CITY: SHELBY ST NC ZIP 28150 CITY: SHELBY ST NC ZIP 28150
'ELEPHONE 704 538 8706 DATE FEE PAID: 11/21/89 AMOUNT: 250.00
TATE CONTACT> BARONA PERSON IN CHARGE JAMES SPANGLER
=PROPOSED,2=EXIST,3=CLOSED 1 1=MAJOR,2=MINOR 2 1=MUN,2=NON-MUN 2
AT: 3500000 LONG: 08000000 N=NEW,M=MODIFICATION,R=REISSUE> N
TE APP RCVD 11/21/89 WASTELOAD REQS 11/21/89
.TE STAFF REP REQS 11/27/89 WASTELOAD RCVD 11/21/89
.TE STAFF REP RCVD O1/09/90 SCH TO ISSUE 06/15/90
TE TO P NOTICE 05/01/90 DATE DRAFT PREPARED O1/20/90
.TE OT AG COM REQS O1/25/90 DATE DENIED
TE OT AG COM RCVD 04/12/90 DATE RETURNED
TE TO EPA / / 'DATE ISSUED 06/1.5/90 ASSIGN/CHANGE PERMIT
TE FROM EPA / / EXPIRATION DATE 02/28/95
E CODE ( 4 ) 1=(>10MGD),2=(>lMGD),3=(>O.lMGD),4=(<O.1MGD),5=SF,6=(GP25,64,79),
(GP49,73)8=(GP76)9=(GP13,34,30,52)0=(NOFEE) DIS/C 43 CONBILL ( )
MMENTS: EFFECTIVE 6/15/90
SSAGE:

State of North Carolina
v Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27611
P
James G. Martin, Governor t f =,, _ George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary V 19 Director
June 15, 1990
Mr. James Spangler
228 W. Double Shoals Road
�,.•�urcfn-a
Shelby, N.C. 28150
Subject: Permit No. NCO078182
Spangler Sand, Inc.
Cleveland County
Dear Mr. Spangler:
In accordance with your application for discharge permit received on November
21, 1989, we are forwarding herewith the subject State - NPDES permit. This permit is
issued pursuant to the requirements of North Carolina General. Statute 143-215.1 and
the Memorandum of Agreement between North Carolina and the US Environmental Protection
Agency dated December 6, 1.983.
If any parts, measurement frequencies or sampling requirements contained in
this permit are unacceptable to you, you have the right to an adjudicatory hearing
upon written request within thirty (30) days following receipt of this letter. This
request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings,
Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such demand is made,
this decision shall be final and binding.
Please take notice that this permit is not transferable. Part II, E.4.
addresses the requirements to be followed in case of change in ownership or control of
this discharge.
This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Environmental Management or permits required
by the Division of Land Resources, Coastal Area Management Act or any other Federal or
Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Mrs. Rosanne
Barona at telephone number 919/733-5083.
Sincerely,
Original signed by
Dale Overcash for
George T. Ever.ett.
Director
cc: Mr. Jim Patrick, EPA
she i l l e R egg ia�!laff�ic e
PoHadon Prevendon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Permii ivo. NCO078182
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
Spangler Sand, Inc.
is hereby authorized to discharge wastewater from a facility located at
Metcalf Pit
southeast of Metcalf
at the intersection of NCSR 1344 and NCSR 1850
Cleveland County
to receiving waters designated as First Broad River in the Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, and III hereof.
This permit shall become effective June 15, 1990
This permit and the authorization to discharge shall expire at midnight on February 28, 1995
Signed this day June 15, 1990
Original signed by
bate Ouercash for
George T. Everett, Director
Division of Environmental Management
By Authority of the Environmental Management Commission

A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0078182
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from
outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
bs/ a Units (specify) Measurement Sample *Sample
Mon. Avg. Daily Max Mon, Avg. Daily Max. Frequency Type Location
Flow
Settleable Solids 0.1 m I/ I 0.2 m l/ I
Turbidity `
*The discharge shall not cause the turbidity of the receiving water to exceed 50 NTU. If the turbidity exceeds these levels due to natural
background conditions, the discharge level cannot cause any increase in the turbidity in the receiving water.
Sticks, leaves, and other debris removed on shore shall not be returned to the surface waters of the State.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

PART I
Section B. Schedule of Compliance
1. The permittee shall comply with Final Effluent Limitations specified for discharges in
accordance with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the
permit unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified in the above schedule of
compliance, the permittee shall submit either a report of progress or, in the case of specific
actions being required by identified dates, a written notice of compliance or noncompliance.
In the latter case, the notice shall include the cause of noncompliance, any remedial actions
taken, and the probability of meeting the next schedule requirements.

Part II
Page 1 of 14
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Environmental Management.
2. DEM or Division
Means the Division of Environmental Management, Department of_ Environment, Health
and Natural Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such month. It is therefore, an arithmetic mean found by adding the
weights of the pollutant found each day of the month and then dividing this sum by the
number of days the tests were reported. The limitation is identified as "Monthly
Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar week (Sunday - Saturday) on which daily
discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such week. It is, therefore, an arithmetic mean found
by adding the weights of pollutants found each day of the week and then dividing this
sum by the number of days the tests were reported. This limitation is identified as
"Weekly Average" in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged
during a calendar day. If only one sample is taken during any calendar day the weight
of pollutant calculated from it is the "maximum daily discharge." This limitation is
identified as 'Daily Maximum," in Part I of the permit.

Part II
Page 2 of 14
d. The "average annual discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar year on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such year. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as "Annual Average"
in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
month on which daily discharges are sampled and measured, divided by the number of
daily discharges sampled and/or measured during such month (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is thearithmetic mean (weighted
by flow value) of all the samples collected during that calendar day. The average
monthly count for fecal coliform bacteria is the geometric mean of the counts for
samples collected during a calendar month. This limitation is identified as "Monthly
Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a calendar
week (Sunday/Saturday) on which daily discharges are sampled and measured divided
by the number of daily discharges sampled and/or measured during such week
(arithmetic mean of the daily concentration values). The daily concentration value is
equal to the concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that
calendar day. The average weekly count for fecal coliform bacteria is the geometric
mean of the counts for samples collected during a calendar week. This limitation is
identified as "Weekly Average" under "Other Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during
a calendar day. If only one sample is taken during any calendar day the concentration
of pollutant calculated from it is the "Maximum Daily Concentration". It is identified
as "Daily Maximum" under "Other Limits" in Part I of the hermit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
year on which daily discharges are sampled and measured divided by the number of
daily discharges sampled and/or measured during such year (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day . The average
yearly count for fecal coliform bacteria is the geometric mean of the counts for samples
collected during a calendar year. This limitation is identified as "Annual Average"
under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved• oxygen) is the minimum allowable
amount of dissolved oxygen required to be available in the effluent prior to discharge
averaged over a calendar day. If only one dissolved oxygen sample is taken over a
calendar day, the sample is considered to be the "daily average concentration" for the
discharge. It is identified as "daily average' in the text of Part I.

Part lI
Page 3 of 14
f. The "quarterly average concentration" is the average of all samples taken over a
calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I
of the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of
sampling, when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility
which occurs continually without interruption throughout the operating hours of the
facility. Flow shall be monitored continually except for the infrequent times when
there may be no flow or for infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of.
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing
the sampling point. Flow measurement between sample intervals shall be
determined by use of a flow recorder and totalizer, and the present gallon interval
between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional
to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be
no greater than once per hour, and the time interval between effluent grab samples shall
be no greater than once per hour except at wastewater treatment systems having a
detention time of greater than 24 hours. In such cases, effluent grab samples may be
collected at time intervals evenly spaced over the 24 hour period which are equal in
number of hours to the detention time of the system in number of days. However, in
no case may the time interval between effluent grab samples be greater than six (6)
hours nor the number of samples less than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.

Part H
Page 4 of 14
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the
product of the individual values where N is equal to the number of individual values.
The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms
of the individual values. For purposes of calculating the geometric mean, values of
zero (0) shall be considered to be one (1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective
flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that
reasonably represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
SECTION B. GENERAL CONDITIONS
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is ground for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants within the time provided in
the regulations that establish these standards or prohibitions, even if the permit has not
yet been modified to incorporate the requirement.
b. Any person who violates a permit condition is subject to a civil penalty not to exceed
$25,000 per day for each violation. Any person who negligently violates any permit
condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment for not more than 1 year, or both. Any person who knowingly violates
permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also, any person who
violates a permit condition may be assessed an administrative penalty not to exceed
$10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40
CFR 122.41(a)]

Part II
Page 5 of 14
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
3. civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power
Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee
from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS
143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution. of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee
is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act,
33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such
as fish kills, even though the responsibility for effective compliance may be temporarily
suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
• • •'• • •- • 111111MIJ
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision.to other circumstances,. and the remainder of this permit, shall
not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit.
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit.

Part II
Page 6 of 14
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall submit
such information, forms, and fees as are required by the agency authorized to issue permits
no later than 180 days prior to the expiration date. Any discharge that has not requested
renewal at least 180 days prior to expiration, or any discharge that does not have a permit
after the expiration and has not requested renewal at least 180 days prior to expiration, will
subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33
USC 1251 et. seq..
11. Si ng_atory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 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.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3) The written authorization is submitted to the Permit Issuing Authority.

Part H
Page 7 of 14
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
" I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and believe, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations.
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause.The filing of a
request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
13. Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this
facility, whether for operation or discharge, are hereby revoked by issuance of this permit.
The conditions, requirements, terms, and provisions of this permit authorizing discharge
under the National Pollutant Discharge Elimination System govern discharges from this
facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall
employ a certified wastewater treatment plant operator in responsible charge (ORC) of the
wastewater treatment facilities. Such operator must hold a certification of the grade
equivalent to or greater than the classification assigned to the wastewater treatment
facilities. The permittee shall notify the Division's Operator Training and Certification Unit
within five days of any change in the ORC status.

Part H
Page 8 of 14
2. Proper Qperation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a
treatment facility including the collection system, which is not a designed or
established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also .is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of
this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II, E. 6. of this permit. (24-hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass, unless:
(a) Bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;

Part II
Page 9 of 14
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate
backup equipment should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal
periods of equipment downtime or preventive maintenance; and
(c) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or
improper operation.
b. Affect of an upset.
An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the
requirements of paragraph (3) of this condition met. No determination made during
administrative review of claims that noncompliance was caused by upset, and before an
action for noncompliance, is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(a) An upset occurred and that the permittee can identify the cause(s) of the upset;
(b) The permittee facility was at the time being properly operated; and
(c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(d) The permittee complied with any remedial measures required under Part H, B. 2. of
. this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.

Part H
Page 10 of 14
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a
manner such as to prevent any pollutant from such materials from entering waters of the
State or navigable waters of the United States. The permittee shall comply with all existing
federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR
Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon
promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for
the disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the
Permit Issuing Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM
Regulation, Title. 15, North Carolina Administrative Code, Subchapter 211, .0124
Reliability, to prevent the discharge of untreated or inadequately treated wastes during
electrical power failures either by means of alternate power sources, standby generators or
retention of inadequately treated effluent.
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than
daily shall be taken on a day and time that is characteristic of the discharge over the entire
period which the sample represents. All samples shall be taken at the monitoring points
specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall
not be changed without notification to and the approval of the Permit Issuing Authority.
HER 011104
Monitoring results obtained during the previous month(s) shall be summarized for each
month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No.
MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later
than the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in
the case of a new facility, on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other reports required herein, shall be
submitted to the following address:
Division of Environmental Management
Water Quality Section
ATTENTION: Central Files
Post Office Box 27687
Raleigh, North Carolina 27611

Part II
Page 11 of 14
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed, calibrated and
maintained to ensure that the accuracy of the measurements are consistent with the accepted
capability of that type of device. Devices selected shall be capable of measuring flows with
a maximum deviation of less than + 10% from the true discharge rates throughout the range
of expected discharge volumes. Once -through condenser cooling water flow which is
monitored by pump logs, or pump hour meters as specified in Part I of this permit and
based on the manufacturer's pump curves shall not be subject to this requirement.
MIKU4106TUMM
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal
Water Pollution Control Act, as Amended, and Regulation 40 CFR 136.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels that are below the permit discharge
requirements and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level)
approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
6. Records Retention
The permittee shall retain records of all monitoring information, including all calibration
and maintenance records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, for a period of at least 3
years from the date of the sample, measurement, report or application. This period may be
extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
pemuttee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The-date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.

Part II
Page 12 of 14
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises, where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION E. REPORTING REQUIREMENTS
1. ChanV in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at a
level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged. This notification applies to pollutants which are subject
neither to effluent limitations in the permit, nor to notification requirements under 40
CFR Part 122.42 (a) (1).
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4. Tran sfers
This permit is not transferable to any person except after notice to the Director. The
Director may require modification or revocation and reissuance of the permittee and
incorporate such other requirements as may be necessary under the Clean Water Act.

Part II
Page 13 of 14
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See
Part II. D. 2. of this permit)..
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of this permit, the results of this
monitoring shall be included in the calculation and reporting of the data submitted in the
DMR.
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph.
(A) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(B) Any upset which exceeds any effluent limitation in the permit.
(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for -reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
7. Other -Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 .
and 6. of this permit at the time monitoring reports are submitted. The reports shall contain
the information listed in Part H. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.

Part lI
Page 14 of 14
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a sludge digester; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to
such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308
of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Environmental Management.
As required by the Act, effluent data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.

PART III
OTHER REQUIREMENT'S
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Environmental Management
and written approval and Authorization to Construct has been issued.
B . Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Environmental
Management, conduct groundwater monitoring as may be required to determine the compliance
of this NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels';
(1) One hundred micrograms per liter (100 ug/1);
(2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for
2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a
non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if
that discharge will exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.

Part III
Permit No. NC0078182
D. Spangler Sand. Inc. shall install warning signs, one on each side of the river, a short
distance upstream of the sand dredging operation to warn canoeist and other recreational water
users of the operation. The signs should include the following wording in 2 to 3 inch high white
letters on a red background:
Caution
SAND MINING OPERATION AHEAD
CRANES, FLOATS AND/OR SUBMERGED
CABLES ACROSS RIVER. BEACHING ON
OR ACCESS TO, SAND DREDGING SITE
IS PROHIBITED.
Visibility of the signs should be maintained as necessary. In addition, Spangler Sand, Inc. may
wish to post a "No Trespassing" sign on their equipment so that it is visible when they are not
operating, such as on weekends and evenings after after 5:00 pm.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a
timely manner in accordance with 15 NCAC 2H .0105(b)(4) may cause this Division
to initiate action to revoke the permit.

Date: January 4, 1990
NPDES STAFF REPORT AND RECOMMENDATIONS
County: Cleveland
NPDES Permit No. NCO078182
PART I - GENERAL INFORMATION
1. Facility and Address: Metcalf Road Pit
228 West Double Shoals Rd.
Shelby, NC 28150
2. Date of Investigation: December; 2f, 1989
3. Report Prepared By: Jim Reid
4. Persons Contacted and Telephone Number: James C. Spangler
704-538-8706
5. Directions to Site: Cleveland Co., From the intersection of
Hwy 226 and SR 1344, North of Shelby, travel East on SR 1344
approx. 1/2 mile to intersection of SR 1344 and SR 1850.
Entrance to site is an unmarked dirt road, secured by a gate,
diagonally across from.the stop sign at the intersection -of SR'-s-
1344 and 1850.
a
7.
Discharge -Point - Latitude: 350 20' 10"
Longitude: 810 32' 47"
Attached a USGS Map Extract and indicate treatment plant site and
discharge point on map.
USGS Quad No.
or USGS Quad Name —Shelby, NC
Size (land available for expansion and upgrading): 5 acres
8. Topography (relationship to flood_plain---included): 2 to 3%
slope adjacent to flood plain.
9. Location of nearest dwelling: Approximately 300 feet.
10. Receiving stream or affected surface waters: First Broad River
a. Classifications: WS III
b. River Basin and Subbasin No.: BRD 030804
C. Describe receiving stream features and pertinent downstream
uses: Source of Water Supply, agricultural and wildlife
support

PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Type of wastewater: % Domestic
_100 % Industrial
a. Volume of Wastewater: 0.120 MGD
b. Types and quantities of industrial wastewater: Discharge
from sand dredging operation.
C. Prevalent toxic constituents in wastewater: None
d. Pretreatment Program (POTWs only)...N/A
in development approved
should be required not needed
2. Proluction rates (industrial discharges only) in pounds 150
yds
a. highest month in the last 12 months
b. highest year in last 5 years
3. Description of industrial process (for industries only) and
applicable CFR Part and Subpart: Hydraulic sand dredge
4. Type of treatment (specify whether proposed or existing):
proposed inorganic solids settling basin
5.. Sludge handling and disposal scheme: Settled solids are to be
dredged and retained on site; dredged materials will ultimately
be used to reclaim site in accordance with requirements of mining
permit.
6. Treatment plant classification: Not classified; not expected
to have sufficient points to be classified.
7. SIC Code(s)-1442 _
Wastewater Code(s) 43

PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grants Funds
(municipals only)? N/A
2. Special monitoring requests:
3. Additional effluent limits requests:
4. Other:
s
i
PART IV - EVALUATION AND RECOMMENDATIONS Issuance of Permit
is recommended. 1�
gnature of Report Prepare
.ater Quality Regional Supervisor

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�_'. "_ G 1 F7 0
ME- C"
A8llrutl le P�: i0 ial Office
State of North Carolina AshAvil;a, %,ortli Carol;0a
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street ® Raleigh, 1\orth Carolina 27611
11/27/89
James G. Martin, Governor
William W Cobey, Jr., Secretary
Mr. James C. Spangler
Metcalf Road Pit
228 W. Double Shoals Road
Shelby, NC 28150
Dear Mr. Spangler
R. Paul Wilms
Director
Subject: NPDES Permit Application
NPDES Permit No.NC0078182
Metcalf Road Pit
rleveland County
This is to acknowledge receipt of the follow-ng documents on November 21, 1989:
Application
Form
o
Engineering
Proposal (for proposed control
facilities),
Request for
permit renewal,
Application
Processing Fee of $250.!0,
Other ,
The
items checked
below are needed before review
can beg���YT, o�s 33'
Application
Form ,
�RESrt'j PSN or'-"
Engineering
proposal (see attachment),
>Y
VWIA a9
Application Processing Fee of
Delegation of Authority (see attached)
Biocide Sheet (see attached)
-Other Should the permit be issued to James
(0
►o�� �1:�i E�1;tjil b too
If the application is not made complete within thirty (30) days, it will be
returned to you and may be resubmitted when complete.
This application has been assigned to Rosanne Barona
(919/733-5083) of our Permits Unit for revie-,.. You will e advised of any
comments recommendations, questions or other information necessary for the
review of the application.
I am, by copy of this letter, requesting that our Regional Office
Supervisor prepare a staff report and recommendations regarding this
discharge. If you have any questions regarding_ this applications,
please contact the review person listed above.
Sincerely,
�_ Dale Overcash, P.E.
CC : Ash'ey lle Regiorna?�0 _f ce---�
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

November 17, 1989
Mr. M. Dale Overcash
N. C. Dept. of Natural Resources & Community Development
P. 0. Box 27687
Raleigh, NC 27611
i7,-7, •rr, -, r, .,i, .,
Dear Mr. Overcash:
Enclosed is information concerning our permit application. This
application is for the location formerly used by Concrete Supply Co. of
Shelby.
We plan to use a small sand pump (dredge) to pump sand from the
First Broad River located in Cleveland County, near Shelby, North Carolina.
Our operation would be very simple, pumping sand through a gravity
screen onto the ground. Water will drain naturally from the sand into a
settling pond(s).
Any impurities will settle out in the settling pond(s). If and when
the settling pond(s) could not contain our maximum output, clean water
would drain naturally from the surface of the settling pond to be dis-
charged to the river.
From your General Information sheet under Item 3 Exculsion, as we
w3.11 have dredged or fill materials will we be allowed this permit exculsion7
Our land quality permit is being processed from the Regional office
in Asheville.
We are enclosing our filing fee of $250.00 and copies of the amended
and corrected Short Form C.
Sincerely,
l 4�?ZTle
James C. Spangler

cab... No. 189V
PF '�-� '• � Z.S`o .ors
_ NORTH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR
AGENCY
USE
To be filed only by persons engaged in manufacturing and mining
Do not attempt to complete this form before reading accompanying instructions
Please print or type
APPLICATION NUMBER
Co
Io
I
£s'Z
DATE RECEIVED
91 9
I /
& /
YEAR ;; M0. DAY
J
1. Name, address, location, a'nd telephone number of facility producing discharge
A. Name Metcalf Road Pit
B. Mailing address
1. Street address 228 W. Double Shoals Road
2. City Shelby 3. State NC. 28150
4. County 01P-Telarid 5. ZIP
C. Location:
1. Street Metcalf Road
2. City Shelby 3. County Cleveland
4. State N.C.
�4
D. Telephone No.. 7o)a— 53R—R7n(n
Area
Code
2. SIC
(Leave blank)
3. Number of employees 2
If all your waste is discharged into a publicly owned waste treatment facility
and to the best of your knowledge you are not required to obtain a discharge
permit, proceed to item 4. Otherwise proceed directly to item `).
4. If you meet the condition stated above, check here o and supply the information
asked for below. After completing these items, please complete the date, title,
and signature blocks below and return this form to the proper reviewing office
without completing the remainder of the form.
A. Name of organization responsible for receiving waste
B. Facility receiving waste:
1. Name
2. Street address
3. City 4. County
5. State 6. ZIP
5. M Principal product, o raw material (Check one) S ar d
`6. Principal process No processing involved
7. Maximum amount of principal product produced or raw material consumed per (Check one)
Amount .
Basis
1-99
(1)
100-199
(2)
200-499
(3)
500-999
(4)
1000-
4999
(5)
5000-
9999
(6)
10,000-
49,999
(7)
50,000
or more
(B)
A. Day
B. Month
C. Year
PREVIOUS EDITION MAY BE USED UNTIL SUPPLY 15 EXHAUSTED

H rYlmum nmounl or prinr.IpaI pr-fituiI. prvnlurnrl or rnw wnlvrIoI rnnomw-d. r•r•Imr1-1
1n Item /, above, 1s rneasurvd In (Ureck one):
A. ❑ pounds B. ❑ tons C. ❑ barr•e 1 s D.0 bushels E. ❑ square feet
F.❑ gallons G.❑ pieces or units H.m other, specify cubic yards
9, (a) Check here if discharge occurs all year m , or
(b) Check the month(s) discharge occurs:
1 .0 January 2. ❑ February 3, ❑ March 4. ❑ Apri 1 5.0 May 6.❑ June
7.0 July 8.0 August 9.❑ September 10.0 October 11.0November 12.0 December
(c) Check how many days per week: 1,01 2.o2-3 3.(K4-5 4.❑6-7
10. Types of waste water discharged to surface waters only (check as applicable)
Flow, gallons per operating day
Volume treated before
discharging (percent)
Discharge per
operating day
0.1-999
1000-4999
5000-9999
10,000-
50,000-
None
0.1-
30-
65-
95-
49,999
or more
29.9
64.9
94.9
100
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(B)
(9)
(10)
A. Sanitary, daily
N/A
average
B, Cooling water, .etc_
daily average
NIA
C.-Process water,
daily average
). Maximum per operat-
ing day for total
discharge (all t )es)
N/a
11. If any of the thre., types of waste iden! rfied in item 10. e..itne.r treated or untreated,
are disr:haro-2d to M aces other thar: surface wafers, crteck below as applicable.
Waste water i;
discharged to:
Average flour, gallons per operating day
0.1-999
(1)
1000-4999
(2)
5000-9999
(3)
10,000-49,999
(4)
50,000 or more
(5)
A. Municipal server systen
B- Underground we11
_N/A
N A
C. Septic tag '
D. Fvapor3tion or pond
N A
E. Other-, spectf;
Settling Pond(s)
120.9000
12. Number of separate drsc-hary- :,!;int�N/A A.j,a 1 B.❑2-3 C.❑4-5 D.06 or more
13. Name of receiving water or waters First Broad River
14. Does your discharge contain or is it possible for your discharge to contain
one or more of the following substances added as a result of your operations,
activities, or processes: anoonia, cyanide, aIuminum, bervl1ium, cadmium,
chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and
grease, and chlorine (residual). A.❑ yes B.gtno
1 certify that 1 am familiar with the information contained in the application and
that to the best of my knowledge and belief such information is true, complete, and
accurate.
James C. Spangler er - Leasee
Printed Name of Person Signing itle
Sip tamh� P 1989
Date Application Signed SSi,.nat.,eof Applicant
North Carolina General Statute 143-211 (b)(2) hat: Anti- person who knowingly makes
any false statement representation, or cer-tificat n in any application, record,,report, plan,
or other document files or required to be maintained under Article 21 or regulations of the
Environmental Management C,)uanission implementing that Article, or who falsifies, tampers with,
or knowly renders inaccurate any recording or monitoring device or method required to be
operated or maintained under Article 21 or regulations of the Environmental Management Commissi
implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed
$10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provi
a punishment by a fine of no: mcre than $20,000 or imprisonment not more than 5 years, or both,