HomeMy WebLinkAboutNCG020974_Application_20210225DocuSign Envelope ID: 86A20907-7A80-43FC-B6F2-24697BF29F40
Division of Energy, Mineral and Land Resources /
Land Quality Section — Stormwater Permitting Program
National Pollutant Discharge Elimination System
Environmental
Quality NCG020000
NOTICE OF INTENT — General Permit Application
MC(. -7 Lf
FOR AGENCY USE ONLY
Date Received
YE::Month
Day
Certificate of Coverage
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Check #
Amount
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National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) and
like activities
The following activities are included:
• Active or inactive mining operations (including borrow pits —except forNCDOT borrow pits) that discharge
stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate
products, finished products, byproducts or waste products located on the site of such operations;
• Stormwater from vehicle maintenance activities (VMA) at mining operations;
• Overflow from facilities that recycle process wastewater; and/or
• Mine dewatering (wastewater)
The following activities are specifically excluded from coverage under this General Permit:
• Stormwater discharges associated with peat mining, coal mining, and metal mining;
• Stormwater discharges from mining operations which are intermixed on site with stormwater from concrete
operations;
• Stormwater discharges associated with oil and gas extraction operations; and
• Stormwater discharges associated with tourist gem mines
• NCDOT borrow pits (covered under individual permit NCS000150)
The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000:
Point source discharges of stormwater and wastewater from in -stream sand mining operations (sand dredging
or dipping operations) are covered instead by NPDES General Permit NCG520000, administered by the Division
of Water Resources NPDES Wastewater Permitting Program. Please contact DWR for more information.
Please arint or tvve all entries in this application form.
1) Mailing address of owner/operator (official address to which all permit correspondence will be mailed):
Legal Owner Name RBP Holdings LLC
(Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the corporation or entity.
Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the
Division of Energy, Mineral, and Land Resources' Mining Permit.)
Signee's Name (as signed for in question 41. at end) Walter F. Rose
Street Address PO Box 806
City
Telephone No
Ahoskie
(252) 209-8144
State NC
E-mail
Alternate Contact Name* Jim Wiggins
Alternate Contact Telephone (if different) 252 287-9790
*Alternate contact should be affiliated with the Owner/Operator
in question 5.
ZIP Code 27910
12 12U-)
E-mail (if different) jim.wiggins@rosebrotherspaving.com
Consultant information can be provided
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2) Location of facility producing discharge:
Facility Name The Grit Pit Mine
Facility Street Address State Road 1108
Facility City Rich Square State NC ZIP Code 27869
Facility County Northampton
Facility Contact. Jim Wiggins
Telephone No. 252 287-9790 Fax:
Contact E-mail Jim.wiggins@rosebrotherspaving.com i
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). The site is located south of Rich Square near the intersection of Highway 25E
Take Chapel Hill Church Road east approximately 4,000 feet to gated entrance on the right.
4) Facility Location Coordinates:
Latitude 36.2574 N Longitude -77.3304 W (degrees / minutes / seconds or decimal
degrees)
5) Consultant Information (if applicable):
Consultant: Stacey A. Smith, P.E. '
Consulting Firm: Smith Gardner, Inc.
Mailing Address: 14 N. Boylan Ave
City: Raleigh
State: North Carolina Zip Code: 27603
Phone: (919 ) 828-0577 Fax: (�
E-mail: stacey@smithgardnerinc.com
Permits:
(Optional)
Staple Business Card Here
6) This NPDES Permit Application applies to which of the following:
❑ New or Proposed Facility Date operation is to begin:
In Existing Date began mining: 9/20/1977
7) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility SIC Code: 1 4 0 0
8) Provide a description of the types of minerals mined at this facility: Sand and Gravel
t
9) Is this a PROCESSING -ONLY facility for materials mined elsewhere? In No ❑ Yes
10) Is this an inactive mine site?
In No
i
❑ Yes If yes, have you certified to the Stormwater Permitting Program that all portions of the site where
clearing, grading, and/or excavation activities have occurred have been stabilized?
❑ No ❑ Yes (If yes, the site may be eligible for "Dormant Status" and reduced BMP
inspections. See the General Permit.)
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11) Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
❑ No If no, please indicate the status of the Mining Permit application:
In Yes If yes, please provide the Mining Permit number: 66-04 Also provide a copy of
the DEMLR Mining Permit with this NPDES application.
12) Does this facility have any other NPDES permits?
In No
❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility:
13) Are you applying for a discharge permit in the same location as a previously permitted mine?
In No
❑ Yes If yes, specify permit number and mine name if known:
14) Does this facility have any Non -Discharge permits from DWR (e.g., recycle permits)?
In No
❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility:
15) Does total area of this mine site include ready -mixed concrete plant and/or asphalt plant areas?
In No
❑ Yes
If yes, do they have separate NPDES stormwater permits?
number(s)
If not owned by the same company, who is the owner?
❑ No ❑ Yes (provide permit
Development Activities and Buffers:
16) Will this mining operation precede development activities at this site?
n No
❑ Yes
17) Is this mine located within one of the 20 Coastal Counties, and will it add more than 10,000 ftz of
impervious surface?
❑ Yes (to both)
❑ No, this mine site IS in one of the 20 Coastal Counties but will NOT add 10,000 ftz of impervious surface.
In No, this mine site is NOT in any of the 20 Coastal Counties.
If this site is in one of the 20 Coastal Counties, you may be required to apply for an additional State
Stormwater Permit. Check with your local Regional Office (see contact information and checklist below).
18) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan
Water supply Watersheds?
In No
❑ Yes
If yes, what size stream buffers are included on site? ft. You must show buffers on site
plans. Also include information and plans showing diffuse flow through buffers as required.
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Discharge Points, Receiving Waters & Wetlands:
19) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
and/or wastewater discharges will end up in? Bridqers Creek
To find the waterbody, please see the NC Surface Waterbody Classifications map at
https://deq.nc.gov/about/divisions/water-resources/water-resources-science-data
Receiving water classification(s) for the waters:
If the site will discharge to a separate storm sewer system, name the operator of the separate storm sewer
system (e.g. City of Raleigh municipal storm sewer). N/A
Discharge of wastewater to receiving waters classified as WS-II through WS-V, or SA, must be
approved by the Division of Water Resources (DWR) or Division of Marine Fisheries
(DMF). DEMLR cannot grant coverage under NCG020000 without that approval. Also be advised that
no new discharges of wastewater are permitted in receiving waters classified as WS-1 or
freshwater ORW. Wastewater discharges to saltwater ORW will not be approved under General Permit
NCG02 but may be eligible for an individual permit.
20) Will this mine site discharge wastewater or stormwater to waters classified as High Quality Waters
(HQW), Primary Nursery Areas (PNA), Trout jr) waters, or a class with a symbol like "+" or "@" that
denotes a special management strategy is in place?
In No
❑ Yes, PNA*
❑ Yes, HQW* ❑ Yes, includes "+" or
❑ Yes, Trout jr)
21) Will this mine site discharge wastewater or stormwater to waters classified as Shellfish (SA) waters?
N No
❑ Yes, SA*
*For questions 19-20, be advised that the NCG02 General Permit limits the discharge volume of total combined
wastewaters to 50 percent of the receiving water in -stream flow under 7Q 10 conditions in HQW waters (PNA and
SA waters are considered HQW by definition). You maybe required to contact USGS to obtain a 7Q10 flow.
22) Will this mine site discharge wastewater or stormwater to impaired waters, or to waters with an
approved "Total Maximum Daily Load" (TMDL)?
To find impaired waters & TMDLs, please see the Impaired Waters Map & TMDL map on
https://deq.nc.gov/about/divisions/water-resources/water-resources-science-data
❑ No
In Yes, these waters are impaired for (list pollutants): Dissolved Oxygen (DO)
❑ Yes, these waters have a TMDL for (list pollutants):
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23) List discharge points (outfalls) that convey discharge from the mine site (both on -site and off -site) and
location coordinates. Attach additional sheets if necessary, or note that this information is specified
on the site plan. Include proposed maximum daily flow rate for each wastewater outfall.
f You must show all discharge points clearly on the submitted site plan. Be advised
that NCDEQ may require you to apply for an individual permit, based on proposed
discharge rates and receiving stream conditions (low flows, impairments, etc.)
Stormwater
Stormwater Outfall No. 1
Latitude (degrees/minutes/seconds or decimal degrees): 36.2580709
N
Longitude (degrees/minutes/seconds or decimal degrees):-77.33039381
W
Stormwater Outfall No. 2
Latitude (degrees/minutes/seconds or decimal degrees): 36.25845097
N
Longitude (degrees/minutes/seconds or decimal degrees):-77.32994026
W
Stormwater Outfall No. 3
Latitude (degrees/minutes/seconds or decimal degrees): 36.25859514
N
Longitude (degrees/minutes/seconds or decimal degrees):-77.32940643
W
Stormwater Outfall No. 4
Latitude (degrees/minutes/seconds or decimal degrees): 36.25869697
N
Longitude (degrees/minutes/seconds or decimal degrees):-77.32856089
W
Stormwater Outfall No. 5
Latitude (degrees/minutes/seconds or decimal degrees): 36.2571137
N
Longitude (degrees/minutes/seconds or decimal degrees):-77.33239519
W
Stormwater Outfall No. N/A
Latitude (degrees/minutes/seconds or decimal degrees):
Longitude (degrees/minutes/seconds or decimal degrees)
N/A
N/A
N
W
Mine Dewatering
Mine Dewatering (Wastewater) Outfall No. N/A
Proposed maximum flow rate: N/A
s Latitude (degrees/minutes/seconds or decimal degrees): N/A N
Longitude (degrees/minutes/seconds or decimal degrees): N/A W
Mine Dewatering (Wastewater) Outfall No. N/A
`- Proposed maximum flow rate: N/A
Latitude (degrees/minutes/seconds or decimal degrees): N/A N
Longitude (degrees/minutes/seconds or decimal degrees): N/A W
Process Wastewater
Process Wastewater Outfall No. N/A Wastewater Description: N/A
Proposed maximum flow rate: N/A
Latitude (degrees/minutes/seconds or decimal degrees): N/A N
Longitude (degrees/minutes/seconds or decimal degrees): N/A W
Process Wastewater Outfall No. N/A Wastewater Description: N/A
= Proposed maximum flow rate: N/A
t Latitude (degrees/minutes/seconds or decimal degrees): N/A N
Longitude (degrees/minutes/seconds or decimal degrees): N/A W
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24) Help us understand what will happen to the dewatering water at this mine site:
n N/A — this mine is not dewatering at all and will not dewater in the future.
a) Will this mine be dewatering and discharging to waters of the state? (Answer only if dewatering)
❑ No
❑ Yes If yes, where to? ❑ Surface Waters and/or Wetlands (on -site or off -site)
❑ Other (on -site or off -site) Describe:
b) Will this mine be dewatering but not discharging to waters of the state? (Answer only if dewatering)
❑ No
❑ Yes If yes, explain how you are dewatering, and where that water will be directed:
I
u
25) Are there wetlands or surface waters within 400' of the mine pit perimeter?
❑ No I
In Yes If yes, what distance are they from the mine pit perimeter? adjacent feet.
26) Will mining operations require dewatering near wetlands or other waterbodies, and will dewatering
potentially impact any wetlands or other waterbodies?
In No, dewatering will not occur near (within 400') of wetlands or other waterbodies (e.g., streams, lake, etc.)
A
Note: dewatering is not proposed. However, stormwater flow from the reclaimed pond will
flow into wetland areas.
Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that
have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
implement a Pumping Operation and Monitoring (POM) Plan that has been approved by the
Department.
For sites that may drain wetlands — approval of a POM Plan may be required prior to coverage under
this permit. The POM Plan should be submitted to the appropriate Regional Office and in all cases must be
approved prior to operation.
The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of
pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain
surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at the end of the
application. Contact the Regional Office for questions specific to your mine.
27) Have you been required to obtain 404/401 Certification permits?
M No
❑ Yes If yes, please briefly describe below (include information such a required mitigation, BMPs,
setbacks, and/or O&M plans for on or off -site wetlands or other pertinent information). Attach other sheets as
necessary:
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28) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
N No ❑ Yes If yes, please attach to application submission.
Stormwater BMPs and Vehicle Maintenance:
29) Does this facility employ best management practices for stormwater control?
❑ No n Yes If yes, please briefly describe: Stormwater that comes in contact with mining activities
will be directed to drain internally into the mine pit, through managed outfalls, or through sediment traps and basins.
30) Does this facility have a Stormwater Pollution Prevention Plan?
En No ❑ Yes If yes, when was it implemented?
31) Are vehicle maintenance activities (VMA) occurring or planned at this mine site?
In No ❑Yes, If yes, will VMA area runoff discharge into the wastewater treatment system(s)?
❑ No, VMA runoff will discharge separately through a stormwater outfall
❑ Yes, VMA runoff will drain back to the mine pit or other wastewater system
Wastewater Treatment Facilities:
32) Will mine dewatering occur? (Yes, we are asking about dewatering again.)
N No
❑ Yes
Note: dewatering is not proposed. However, stormwater flow from the reclaimed pond will
flow into wetland areas.
33) Will this facility wash mined materials?
L No
❑ Yes If yes, will the mine discharge this water?
34) Will discharges of process wastewater treatment systems occur (including possible recycle system
overflows)?
n No
U Yes If yes, describe what kind of systems:
35) Will this facility employ chemical additives to flocculate suspended solids?
in No
❑ Yes If yes, provide the name, manufacturer, and the quantity of average daily usage of the chemical
additive (if known):
Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North Carolina:
https://deq. nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permits/stormwater-permits/
construction-sw
36) Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that
exceed the 10-yr, 24-hr rainfall event?
❑ Yes If yes, which treatment systems are those?
[n No, all wastewater treatment facilities will discharge more frequently (i.e., during smaller rain events)
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37) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain?
In No
❑ Yes
38) A WaSteWater treatment alternatives reviewis required by 15A NCAC 2H.0105 (c)(2)
for any new or expanding water pollution control facility discharges in North Carolina. You may
attach additional sheets. List the types of wastewater this mine site will discharge:
❑ Mine Dewatering
❑ Process Wastewater (such as washing or recycle system overflows, other mining activity wastewater)
a) What wastewaters were considered for this alternatives review? ❑ Dewatering ❑ Process WW
b) Connection to a Municipal or Regional Sewer Collection System:
i) Are there existing sewer lines within a one -mile radius? ..................................... ❑ Yes ❑ No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the wastewater? .... ❑ Yes ❑ No
(a) If No, please attach a letter documenting that the WWTP will not accept the wastewater
(b) If Yes, is it feasible to connect to the WWTP? Why or why not?*
c) Closed -loop Recycle System (meets design requirements of 15A NCAC 2T .1000):
i) Are you already proposing a closed -loop recycle system (CLRS)? ......................... ❑ Yes In No
(1) If Yes, for what type of wastewater at this mine site? ❑ Dewatering ❑ Process WW
(2) If No, is this option technologically feasible (possible)? Why or why not?*
(3) If No, is it otherwise feasible to build a CLRS at this site? Why or why not?*
(4) What is the feasibility of building a CLRS compared to direct surface water discharge?*
d) Surface or Subsurface Disposal System (e.g., spray irrigation):
i) Is a surface or subsurface disposal technologically feasible (possible)?
Why or Why not? *
............... ❑ Yes ❑ No
ii) Is a surface or subsurface disposal system otherwise feasible to implement?*............ ❑ Yes ❑ No
Why or Why not?*
r
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iii) What is the feasibility of employing a subsurface or surface discharge as compared to a direct
discharge to surface waters?*
e) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
alternative of all reasonably cost-effective options for the wastewaters being considered?*
❑ Yes ❑ No
f) If this review included all wastewater discharge types, would excluding some types (e.g. mine
dewatering) make any of the above non -discharge options feasible for some of the wastewaters?
❑ Yes ❑ No
* Feasibility should take into account initial and recurring costs. You may be asked to provide
further information to support your answers to these questions after the initial review.
Other:
39) Hazardous Waste:
i a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
Ll No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
In No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor:
Vendor address:
40) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? (See
permit text for secondary containment requirements.)
❑ No
in Yes
41) Does your site have an active landfill within the mining permit boundary?
d: In No
❑ Yes If yes, specify type: ❑ LCID (Land Clearing and Inert Debris) ❑ Other:
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Final Checklist:
'— This application will be returned as incomplete unless all of the following items have been included and
initialed for. Please show that the following required information has been included by initialing in each
Dg space below. -
[� S+G
S+G
S+G
S+G
S+G
SEAS S+G
DS
N/A
S+G
QQDS
9DS
N/A
N/A
Fee of $100 made payable to NCDEQ.
Completed application and all supporting documents.
Copy of the valid approved mining permit (MP) for the facility or indication of MP application status.
Copy of a county map or other general location map that shows the mining site and nearest major roads.
Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
shows site location in relation to nearby streams, wetlands, and other waters, etc.
2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with
all outfalls, applicable buffers and wetlands clearly delineated, receiving waters, and
100-year flood plain line if applicable.
A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 27 above.
A line drawing of the water flow through the facility or block flow diagram. A pictorial description of the
nature of any sources of water and any collection and treatment measures.
If mine site is in one of the 20 Coastal Counties:
• Applicant has checked with the appropriate regional office to verify the need for a Coastal State
Stormwater permit. Indicate the Regional Office Contact:
• Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage
areas, and total drainage area.
If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater,
include the following and contact your local regional office about a Pumping Operation and
Monitoring (POM) Plan. An approved POM plan may be required Priorto NCG02 issuance.
2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the
plans and listing acreage (including: wetlands, ditches, well -placements, pits,
borrow areas, overburden storage, stormwater controls/BMPs, vehicle
maintenance areas, settling basins, product process (such as screening,
stockpiles, waste piles), total drainage area, impervious surface percentages (if
state SW programs apply), applicable buffers, and access and/or haul roads).
Pump dewatering size and information on its specifications.
Well information (design, depths, maintenance).
Physical monitoring for the wetlands areas.
Settling pond sizing information, if applicable.
Level spreader design, if applicable.
Details about dewatering method.
Cone of influence calculations.
Description of measures to prevent erosion and flooding.
Description and information about 401/404 permits that have been obtained.
Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if
applicable).
I have contacted my local regional office about a POM Plan.
Regional Office Contact: . Date contacted:
-OR-
RBP I will not impact any nearby wetlands, surface waters, or groundwaters by dewatering.
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Certification: North Carolina General Statute 143-215.6 b (i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained under this Article or a rule implementing this Article; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed ten thousand dollars ($10,000).
41) Signatory Requirements (per40 CFR 122.22)
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this permit, a responsible corporate officer means: (a) a president,
secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar
policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities
employing more than 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.
I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will
constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual
permit.
I agree to abide by the following as a part of coverage under this General Permit:
1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining
permit must be attached to this request.)
2. [agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection
so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing
solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not
result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Jim Wiggins
Printed Name of Person Signing:
Assistant Vice President
Title: ,-Docusigned by:
2/25/2021
(Signature of Applicant) (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDEQ.
f_,
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Mail the entire package to:
DEMLR - Stormwater Program
Dept. of Environmental Quality
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee coverage under the NPDES
NCG02 General Permit. Upon review of the submittal, the Division may
determine that coverage under an individual permit is more appropriate. Also be
advised that renewed and continued coverage under NCG02 may be dependent
upon the permittee's compliance success and/or status of the receiving waters.
For questions, please contact the DEMLR/Land Quality Section Regional Office for your area.
DEMLR/Land Quality Section Regional Office Contact Information:
Asheville Office ......
(828) 296-4500
Fayetteville Office ...
(910) 433-3300
Mooresville Office ...
(704) 663-1699
Raleigh Office ........
(919) 791-4200
Washington Office ...
(252) 946-6481
Wilmington Office ...
(910) 796-7215
Winston-Salem ......
(336) 776-9800
Central Office .........
(919) 707-9220
r
r
Page 12 of 12
SWU-NCG02-NOI Last revised 9/10/2015
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Mining Permit.
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
December 22, 2017
Mr. Jeffrey C Rose
Rose Brothers Paving Co., Inc.
PO Box 806
Ahoskie NC 27910
RE: Mining Permit No. (66-04)
Grit Pit
Northampton County — Roanoke River Basin
Dear Mr. Jeffrey C. Rose:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the
permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4,
2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site
or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation
until the mining operation terminates and the required reclamation is completed.
Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior
expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your
part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The
mine name and permit number on the permit document, and all existing operating and reclamation conditions contained
therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new,
transferred and modified mining permits.
In addition to the fife of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining
permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be
submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this
deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required
Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a
$50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit.
Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any
adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action
unless you contact this office with a written request to have your bond reevaluated.
The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The
responsibility of compliance with any applicable zoning regulations remains with you.
Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy
Wehner, Assistant State Mining Specialist, or me at (919) 707-9220.
Sincerely,
William "Toby" Vinson, Jr., PE, CPM
Interim Director, DEMLR
State or North Carolina I Environmental Quality I Energy, Mineral and Land Resources
512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612
919 707 9200
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE
Director and State Geologist
July 22, 2008
Mr. Jeffrey C. Rose
Rose Brothers Paving Company, Inc.
P.Q. Box 806
Ahoskie, North Carolina 27910
RE: Mining Permit No. 66-04
Grit Pit
Northhampton County
Roanoke River Basin
Dear Mr. Rose:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Your application for renewal and modification of the above referenced mining permit
has been approved. The modification is to increase the affected acreage by 6.3 acres within
the previously approved permitted boundary. The affected acreage at this site will increase to
49.02 and the permitted acreage of 117.71 acres will remain unchanged as indicated on the
Proposed Site Plan last revised January 19, 2008, A copy of the renewed and modified permit
is enclosed. The new expiration date is July 22, 2018.
The conditions in the renewed and modified permit were based primarily upon the initial
application. Modifications were made as indicated by the renewal and modification requests
and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your
particular attention to the following conditions where minor additions or changes were made:
Operating Condition Nos. 4C, 4D, 5, and 13.
G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise
affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an
incorporated city or county or by any agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 117.71 acres and the amount of
land you are allowed to 49.02 acres.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equat Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper
Mr. Rose
July 22, 2008
Page Two
Please review the renewed and modified permit and contact Ms. Judy Wehner,
Assistant State Mining Specialist, at (919) 733-4574 should you have any questions
concerning this matter.
Sinceyely,
Floyd R. Williams, PG, CPG, GPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures
cc: Mr. John Holley, PE
Ms. Shannon Deaton-WRC, w/enclosures
Mr. Bradley Bennett-DWQ, w/enclosures
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish & Wildlife Service, w/Permit
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a mining activity
In accordance with the provisions of G.S. 74-46 through 68, "The Mining
Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable
laws, rules and regulations
Permission is hereby granted to:
Rose Brothers Paving Company, Inc.
Grit Pit
Northhampton County — Permit No. 66-04
for the operation of a
Sand Mine
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: July 22, 2018
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
r Department of Environment and Natural Resources, hereinafter referred to as the Department,
and in conformity with the approved Reclamation Plan attached to and incorporated as part of
this permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the expiration, revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another .
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the'successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the ReclarTlatiOrl Plan or other, terrTIS and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice, of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
Definitions
Wherever used or referred to in this permit, unless the context clearly indicates otherwise,
terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49.
Modifications
September 2, 1994: This permit has been modified to increase the disturbed acreage from
8.75 acres to 17.42 acres.
February 6, 1997: This permit has been transferred in its entirety from Moratoc Sand and
Gravel Company to Rose Brothers Paving Company, Inc.
February 2._1 998: This permit has been modified to increase the affected acreage from 17.42
acres to 38.40 acres as indicated on the mine map dated September 22, 1997. In addition,
this modification also includes the reduction of the buffer zones between: a) any affected land
and any waterway or wetland from 600 foot undisturbed to 50 foot undisturbed and b) any
affected land and any adjoining property line from 250 foot unexcavated to 50 foot
undisturbed.
Page 3
i
Expiration Date
This permit shall be effective from the date of its issuance until July 22, 2018.
Conditions
This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and
to the following conditions and limitations:
OPERATING CONDITIONS:
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary stormwater permits or
other approval documents.
2. A. Any mining process producing air contamination emissions shall be subject to
the permitting requirements and rules promulgated by the N.C. Environmental
Management Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between
any affected land and any adjoining waterway or wetland to prevent
sedimentation of that waterway or wetland from erosion of the affected land and
to preserve the integrity of the natural watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
i
Page 4
B. All drainage from the affected area around the mine excavation shall 'be diverted
internal to said excavation.
C. No dewatering activities shall occur at this site.
D. Mining activities shall occur as indicated on the mine map last revised January
19, 2008, and the supplemental information received by the Land Quality Section
on May 1, 2008,
5. All affected area boundaries (49.02 acres) shall be permanently marked at the site on
100-foot intervals unless the line of sight allows for larger spacing intervals.
6. The angle for graded slopes and fills shall be no greater than the angle, which can be
retained by vegetative cover or other adequate erosion control measure, structure, or
device. In any event, exposed slopes or any excavated channels, the erosion of which
may cause off -site damage because of siltation, shall be planted or otherwise provided
with ground cover, devices or structures sufficient to restrain such erosion.
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 to protect adjacent property.
10. A. No on -site disposal of refuse or other solid waste that is generated outside of the
mining permit area shall be allowed within the boundaries of the mining permit
area unless authorization to conduct said disposal has first been obtained from
both the Division of Waste Management and the Land Quality Section,
Department of Environment and Natural Resources: The method of disposal
shall be consistent with the approved reclamation plan.
B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971
generated on -site and directly associated with the mining activity may be
disposed of in a designated refuse area. All other waste products must be
disposed of in a disposal facility approved by the Division of Waste
Management. No.petroleum products, acids, solvents or their storage containers
or any other material that may be considered hazardous shall be disposed of
within the permitted area.
C. For the purposes of this permit, the Division of Land Resources considers the
following materials to be "mining refuse" (in addition to those specifically listed
under G.S. 74-49 (14) of the N.C. Mining Act of 1971):
Page 5 E
1. on -site generated land clearing debris
2. conveyor belts
3. wire cables
4. v-belts
5. steel reinforced air hoses_.
6. drill steel
D. If mining refuse is to be permanently disposed within the mining permit
boundary, the following information must be provided to and approved by the
Division of Land Resources prior to commencement of such disposal:
1. the approximate boundaries and size of the refuse disposal area;
2. a list of refuse items to be disposed;
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and,
5. verification that a permanent vegetative groundcover will be established
11. An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application fora mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to
on -site implementation of the revisions.
13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $47,300.00
surety bond (Surety Bond No.08869967 issued by Fidelity and Deposit Company of
Maryland), is sufficient to cover the operation as indicated in the'approved application.
This security must remain in force for this permit to be valid,. The total affected land
shall not exceed the bonded acreage.
14. A. Authorized representatives of the Division of Archives and History shall be
granted access to the site to determine the presence of significant
archaeological resources.
B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human
Skeletal Remains Protection Act," should the operator or any person in his
employ encounter human skeletal remains, immediate notification shall be
provided to the county medical examiner and the chief archaeologist, North
Carolina Division of Archives and History.
Page 6
i
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.
I All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
1. Provided further, and subject to the Reclamation schedule, the planned reclamation
shall be to restore the mine excavation to a lake area and to grade and revegetate the
adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
Page 7
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the
water line.
C. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
D. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through 10D.
E. The affected land shall be graded to prevent the collection of noxious or foul
water.
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
Lespedeza (unscarifed)
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.
Page 8
i
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 to Moratoc Sand and Gravel Company June 6, 1986, renewed
October 15, 1987, modified September 2, 1994, transferred in its entirety to Rose
Brothers Paving Company, Inc. February 6, 1997, renewed and modified February 2,
1998, is hereby simultaneously renewed and modified this 22"d day of July, 2008
pursuant to G.S. 74-52.
� YJ
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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USGS Topographic Map.
REFERENCE
0 1.000 2,000 3,000 4,000 1. USGS 7.5 MIN. QUADRANGLE "RICH SQUARE, NC"
Feet DATED 2013.
ROSE BROTHERS GRIT PIT MINE
RICH SQUARE, NORTH CAROLINA SMITH4GARONER
SITE LOCATION MAP ENGINEER u
14Ngoy* Ave, j, NC^%r°0° I NC,UC NO F1370 1, ---
DRAWN: APPROVED SCALE: DATE: I PROJECT NO. IFIGURE NO.:
JDM 1 APPR 1 1:24,000 1 Feb. 2021 1 ROSE 21-1
BLock Row Diagram.
GitaPian.
North Carolina Secretary of State Search Results
Page 1 of 1
• File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online • Add Entity to My Email
Notification List • View Filings • Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form
Business Corporation
Legal Name
RBP Holdings, Inc.
Prev Legal Name
Rose Brothers Paving Company, Inc.
Information
Sosld: 0126493
Status: Current -Active O
Date Formed: 2/14/1969
Citizenship: Domestic
Fiscal Month: December
Annual Report Due Date: April 15th
Registered Agent: Rose, Walter F, Jr
Addresses
Principal Office
423 NC 561 West
Aulander, NC 27805
Officers
Reg Office
423 NC 561 West
Aulander, NC 27805
President
Eugene T Rose
6200 Stoney Blvd
Wake Forest NC 27587
Stock
Class: COMMON
Shares: 100000
Par Value 1
Vice President
Jeffrey C Rose
125 Matheson drive
Ahoskie NC 27910
Reg Mailing
423 NC 561 West
Aulander, NC 27805
Secretary
Larry D Rose
PO Box 252
Ahoskie NC 27910
Mailing
Post Office Box 806
Ahoskie, NC 27910
Vice President
Walter F Rose , Jr
208 NC Hwy 561
Ahoskie NC 27910
https://www.sosnc.gov/online_services/search/Business_Registration_Results 3/2/2021
DocuSign Envelope ID: OA78C8E5-2CBE-4697-90FE-6B8A6883BE36
SMITH GARDNER
February 25, 2021
ADDRESS
14 N. Boylan Avenue, Raleigh NC 27603
Stormwater Program
Division of Energy, Mineral, and Land Resources
NC Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699
RE: Notice of Intent for NCG02000 Certificate of Coverage
RBP Holdings, Inc.
The Grit Pit Mine (Permit No. 66-04)
Northampton County, North Carolina
Dear Stormwater Engineer:
TEL WEB
919.828.0577 www.smithgardnerinc.com
FEB 2 S 2021
On behalf of RBP Holdings, Inc. (RBP), Smith Gardner, Inc. (S+G) is providing the attached
Notice of Intent for General Stormwater Permit Coverage for the above referenced site. We
have included the appropriate fee, forms, and supporting documents as we have determined
applicable.
Thank you for your consideration. If you have any questions, or require further information,
please contact us at (919) 828-0577 or by e-mail. �,``'`"`"'!•sf,,�
Sincerely,
SMITH GARDNER, INC.
DocuSigned by:
( D, t"q�pp�g��Ypay Su Ski
L �F"ftf gJZIJ�
Staff Engineer, ext. 154
loufdsmithgardnerinc.com
sas/swh
Att:
CC: Mr. Jim Wiggins, RBP Holdings
Mr. Thad Valentine, DEMLR
File
10
f
DocuSigned/Jby: �,
P L
Est"Q. Sri �r%���kV r1� �i�`�fi���►
3369FBA0088B445... "�.� �. c�',.�`
Stacey A. Smith, P.E. sl+ #i���"�')1�5/2021
Senior Engineer, ext. 127
staceyfasmithgardnerinc.com
H:\Projects\Rose Brothers Paving\Grit Pit (NOrthhampton County)\ROSE-21-1 (NOV Response)\N01\NCDEQ Letter 2-25-21 (N01).docx
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