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HomeMy WebLinkAboutNCG021001_Application_20220322FOR AGENCY USE ONLY NCG02____ Assigned to: ARO FRO MRO RRO WARO WIRO WSRO Nit aao)s Division of Energy, Mineral, and Land Resources Land Quality Section National Pollutant Discharge Elimination System NCG020000 Notice of Intent This General Permit covers STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities under SIC (Standard Industrial Classification) Code 14 [Mineral Mining Industry] except for: peat mining, coal mining, metal mining, oil and gas extraction, tourist gem mines, NCDOT borrow pits, in -stream sand mining, and discharges from mining operations which are intermixed on site with stormwater from concrete operations. you can find information on the DEMLR Stormwater Program at deq.nc.gov/SW. Directions: Print or type all entries on this application. Send the original, signed application withh�plyyr��` V,�D items listed in Item (9) below to: NCDEMLR Stormwater Program, 1612 MSC, Raleigh, NC 27699- i�tl submission of this application does not guarantee coverage under the General Permit. Prior to coverµnrJer this General Permit a site inspection will be conducted. 1I(t 117 2022 1. Owner/Operator (to whom all permit correspondence will be mailed): DENR-LAND QUALITY SMRMWATERP ITTING Name of legal organizational entity: Legally responsible person as signed in Item (10) below: Wayne J. Smith Street address: City: State: .Zip Code: 20 Thomasboro Road SW Calabash NC 28467 Telephone number: Email address: 910- 43-3929 waynesbackhoe@gmail.com / wayne@atmc.net Type of Ownership: Government OCounty OFederal ❑Municipal 0State Non -government Business (If ownership is business, a copy of NCSOS report must be included with this application) ndividual 2. Industrial Facility (facility being permitted): Facility name: Facility environmental contact: Royal Oak Mine Wayne Smith Street address: City: State: Zip Code: 537 Royal Oak Road Supply NC 28462 Parcel Identification Number (PIN) County: Brunswick Telephone number: Email address: 910-443-3929 waynesbackhoe@gmail.com / wayne@atmc.net Latitude of entrance: Longitude of entrance: 34.008 -78.345 4-digit SIC code: Facility is: Date operation is to begin or began: 1442 1 E' New 0 Proposed 0 Existing Upon issuance of permits Types of minerals mined at this facility: ❑ Clay ❑ Feldspar Ore ❑ Lithium Ore ❑ Phosphate ❑ Industrial Sand ❑ Other: Page 1 of 10 Is this a processing -only facility for materials mined elsewhere? Is this an inactive mine site? E3 Yes [3 Yes 13 No ONo Does total area of this mine site include ready -mixed concrete plant and/or asphalt plant areas? [3 Yes, and has separate NPDES stormwater permits (provide permit numbers): Dyes, and does not have separate NPDES stormwater permits 13 No Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section? ICJ Yes (please provide the Mining Permit Number) 10-81 0 No (please indicate the status of the Mining Permit application) Are you applying for a discharge permit in the same location as a previously permitted mine? [3 Yes (please provide permit number and mine name) ICJ No If the stormwater discharges to a municipal separate storm sewer system (MS4), name the operator of the MS4: ❑ N/A 3. Consultant (if applicable): 4. Name of consultant: Consulting firm: J. Phillip Norris, P.E. Norris & Tunstall Consulting Engineers, P.C. Street address: City: State Zip Code 1429 Ash - Little River Road Ash NC 28420 Telephone number: Email address: 910-287-5900 pnords@ntengineers.com lacuvtttes ana tsutrers Mining operation will precede development activities at this site: 0 Yes Mine is located within one of the 20 Coastal Counties, and will it add more than 10,000 ftz of impervious surface: 13 Yes (to both) 13 No, this mine is within one of the 20 Coastal Counties, but will not at rAore than 10,000 ft2 of impervious surface 0 No, this mine is not within one of the 20 Coastal Counties Mine is in the Neuse, Tar -Pamlico, or Catawba River Basins, OR in the Randleman or Jordan Water supply Watersheds? 13 Yes (specify size of stream buffers) O No 5. Mine Dewatering Mine dewatering will occur at this site: DYes 0 No (mark N/A for the rest of this section) Mine dewatering from this facility will be discharged to: surface Waters and/or Wetlands Other(specify) 0 F,nN 'M *AVS141E Df7ZO FF2- OMine will not discharge dewatering to Surface Waters and/or Wetlands; specify how dewatering will occur and where water will be directed: 13N/A Wetlands and/or Surface Waters are within 400' of the mine pit perimeter: 404/401 Certification permits required: Yes (specify distance) pYes (briefly describe) 0 0 13 N/A 0 N/A Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? E3 Yes (please attach to this application) 13No Page 2 of 10 6. Wastewater Treatment Will this facility wash mined materials? E3Yes [3No Will discharges of process wastewater treatment systems occur (including possible recycle system overflows) 13 Yes (please describe) l3 No Will this facility employ chemical additives to flocculate suspended solids? E3Yes (specify name/manufacturer/quantity of daily use) 0 No Note: please visit: https•//files nc aov/ncdea/Water+Quality/Environmental+Sciences/ATU/PAM8 30 18 odf for list of approved PAMS Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that exceed the 10-yr, 24-hr rainfall event? Dyes (specify which systems) No Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? Yes ONO Wastewater Treatment Alternative Review as required by 15A NCAC 2H.0105(c)(2) Types of wastewater this mine site will discharge: f7 Mine Dewatering ❑ Process Wastewater Types of wastewater considered for this alternative review: 9 Mine Dewatering ❑ Process Wastewater Are there existing sewer lines within a one -mile radius? E3Yes E3 Wastewater treatment plant will accept wastewater 0 Is feasible to connect (explain) 0 Is not feasible to connect (explain) Wastewater treatment plant will not accept wastewater (please attach letter documenting this) 0 No Are you already proposing a closed -loop recycle system (CLRS) that meets design requirements of 15A NCAC 2T.30000? D Yes, for dewatering E3 Yes, for process wastewater 0 Yes, for both 0 No, this option is technologically feasible (explain) 13 No, this option is not technologically feasible (explain) [:3 No, this option is otherwise feasible (explain) ONo, this option is otherwise not feasible (explain) What is the feasibility of building a CLRS compared to direct surface water discharge? Page 3 of 10 Surface or Subsurface Disposal System 0 A surface or subsurface disposal system is technologically feasible (explain) A surface or subsurface disposal system is not technologically feasible (explain) El A surface or subsurface disposal system is otherwise feasible to implement (explain) E3 A surface of subsurface disposal system is not otherwise feasible to implement (explain) What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters? Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options for the wastewaters being considered? 0 Yes 0 No If this review included all wastewater discharge types, would excluding some types make any of the above non -discharge options feasible for some the wastewaters? Yes Im 7. Outfalls(s) At least one outfall is required to be eligible for coverage. 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. 001 1 UT Royal Oak Swamp C Swamp ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑+ Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody (if discharging Fine Dewatering or Process Wastewater to waters classified as HOW, ORW, Tr, WS-1, WS-Il, WS-III, SA, or PNA ): Discharge occurs from this outfall: 13 Only during a rainfall event j${Intermittently (indicate how often) f] Continuously (indicate flow in CFS) WIdE� IS I�j 56 Latitude of outfall: Longitude of outfall: 008 ?b • 3�1h Brief description of the industrial activities that drain to this outfall: a A Dewatering will be by pumps in a single phase. Discharge will return to the road ditches on the north side of Royal Oak Road. Do Vehicle Maintenance Activities occur in the drainage area of this outfall? E3 Yes Apo If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody (if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW, Tr, Ws -I, Ws -II, WS-III, SA, or PNA ): Discharge occurs from this outfall: [3 Only during a rainfall event [3 Intermittently (indicate how often) [3 Continuously (indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage area of this outfall? E3 Yes E3 No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? Page 4 of 10 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater 7Q30 Flow of receiving waterbody (if discharging Mine Dewatering or Process Wastewater to waters classified as HQW, ORW, Tr, WS-I, WS-II, WS-III, SA, or PNA ): Dischar a occurs from this outfall: 13 Only during a rainfall event ❑ Intermittently (indicate how often) E3 Continuously (indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage area of this outfall? 0 Yes E3 No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater 7Q30 Flow of receiving waterbody (if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW, Tr, WS-I, WS-II, WS-III, SA, or PNA ): Discharge occurs from this outfall: 0 Only during a rainfall event ❑ Intermittently (indicate how often) ❑ Continuously (indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody (if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW, Tr, WS-1, W541, WS-III, SA, or PNA ): Discharge occurs from this outfall: Only during a rainfall event [3 Intermittently (indicate how often) ❑ Continuously (indicate flow in CFS) Latitude of outfall: longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage area of this outfall? Dyes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? All outfalls must be listed and at least one outfall is required. Additional outfalls may be added in the section "Additional Outfalls" found on the last page of this N01. Page 5 of 10 8. Other Facility Conditions (check all that apply and explain accordingly): O/A ❑ This facility has other NPDES permits. If checked, list the permit numbers for all current APIDES permits: ❑ This facility has Non -Discharge permits (e.g. recycle permit). If checked, list the permit numbers for all current Non - Discharge permits: ❑ This facility uses best management practices or structural stormwater control measures. If checked, briefly describe the practices/measures and show on site diagram: ❑ This facility has a Stormwater Pollution Prevention Plan (SWPPP). If checked, please list the date the SWPPP was implemented: ❑ This facility stores hazardous waste in the 100-year floodplain. If checked, describe how the area is protected from flooding: ❑ This facility is a (mark all that apply) ❑ Hazardous Waste Generation Facility ❑ Hazardous Waste Treatment Facility ❑ Hazardous Waste Storage Facility ❑ Hazardous Waste Disposal Facility If checked, indicate: Kilograms of waste generated each month: Type(s) of waste: How material is stored: Where material is stored: Number of waste shipments per year: Name of transport/disposal vendor: Transport/disposal vendor EPA ID: Vendor address: ❑ This facility is located on a Brownfield or Superfund site If checked, briefly describe the site conditions: ❑ Facility provides appropriate secondary containment for bulk storage of liquid materials If checked, briefly describe these measures: ❑ Site has an active landfill within the mining permit boundary If checked, please indicate type: a) ❑ LCID (Land clearing and Inert Debris) b) ❑ other (specify) 9. Requi ed Items (Application will be returned unless all of the following items have been included): heck for $100 made payable to NCDEQ ❑ Copy of most recent Annual Report to the NC Secretary of State (if applicable) a Q his completed application and any supporting documentation IR-6opy of the approved mining permit or indication of mining permit application status ❑ Copy of US Army Corps— approved wetland delineation (if applicable) rl PJ ine drawing of the water flow through the facility or block flow diagram ❑ Pictorial description of the nature of any sources of water and any collection and treatment measures Page 6 of 10 ❑ A site diagram showing, at a minimum, existing and proposed: a) outline of drainage areas b) surface waters c) stormwater management structures d) location of stormwater outfalls corresponding to the drainage areas e) runoff conveyance features f) areas where process materials are stored g) impervious areas h) site property lines ❑ 2 copies of large scale (24"x36" minimum) site plan showing: a) topographical lines b) all outfall locations c) applicable buffers and delineated wetlands d) receiving waters e) 300-year flood plain (if applicable) ❑ Copy of county map or USGS quad sheet with the location of the facility clearly marked If mines site is in one of the 20 Coastal Counties (if applicable) j( Applicant has check with the appropriate regional office to ver y the need r a Coastal ate Stormwater permit. a) Indicate the Regional Office Contact: Lei 04, ❑ Detailed list of: a) impervious surface areas and percentages N k I b) sub -drainage areas c) total drainage area If mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater ❑ 2 copies of large scale (24"x36" minimum) plans delineating areas on the listing acreage including: a) wetlands b) ditches c) well -placements d) pits e) borrow areas f) overburden storage g) stormwater controls/BMPs h) vehicle maintenance areas i) settling basins j) product process (such as screening, stockpiles, and waste piles) k) total drainage area 1) impervious surface percentages (if state Stormwater programs apply) m) applicable buffers n) access and/or haul roads Pump dewatering size and information on its specifications ❑ Well information (design, depths, maintenance) a I & ❑ Physical monitoring for the wetland areas #j& Ot Settling pond size information, if applicable ❑ Level spreader design, if applicable g Details about dewatering method ❑ Cone of influence calculations ❑ Description of measures to prevent erosion and flooding a P) ❑ Description and information about 401/404 permits that have been obtained pj& ❑ Copy of US Army Corps of Engineers wetlands delineations or approved wetland delineation (if applicable) iJ Page 7 of 10 0+ PC I have contacted my local regional office about a Pumping Operation and Monitoring (POM) plan a) Regional Office Contact: b) Date Contacted: 10. Applicant Certification: North Carolina General Statute 143-215.68 (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 ... shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). Under penalty of law, I certify that: I am the person responsible for the permitted industrial activity, for satisfying the requirements of this permit, and for any civil or criminal penalties incurred due to violations of this permit. The information submitted in this NOI is, to the best of my knowledge and belief, true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. 141 will abide by all conditions of the NCG020000 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. * hereby request coverage under the NCG020000 General Permit. Printed Name of Applicant: Wayne J. Smith Title: 111 wne,< 3 1C7 'ZA LL , ( tur ofApplican (Date SigAd) _ Mail the entire package to: DEMUR —Stormwater Program Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Page 8 of 10 I�C""aav as I(N(• U i. GEPMT yTIME�M1ERpR WP'•�PIwY W WEY10.E {i USTapo PUMPING OPERATION & MONITORING PLAN Brunswick County, North Carolina For Royal Oak Mine Mine Permit No. 10-81 C- 11�6G O� :'yy •'�GINEE `w,,y�1LIP �jIIGj 17,aZ1 March 2022 Prepared by: NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. 1429 Ash -Little River Road Ash, North Carolina 28420 (910) 287-5900 (910) 287-5902 (Fax) License # C-3641 N&T Project # 22025 Pumping Operation & Monitoring Plan Lennon Sand Mine #3 PUMP SPECIFICATIONS The selected pump will be the following: • 4" Godwin Diesel MONITORING OF WETLAND AREAS Sediment discharge sampling per General Permit No. NCG020000 Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measurable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this General Permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. Recording Results For each measurement or sample taken pursuant to the requirements of this General Permit, the permittee shall record the following information [40 CFR 122.41 ]: • The date, exact place, and time of sampling or measurements; • The individual(s) who performed the sampling or measurements; • The date(s) analyses were performed; • The individual(s) who performed the analyses; • The analytical techniques or methods used; and • The results of such analyses. Flow Measurements Where required, 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. Test Procedures 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 General Permit, all test procedures must produce minimum detection and reporting levels 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 the General Permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then analytical sampling requirements may be performed at a reduced number of outfalls. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan (SPPP). Copies of analytical monitoring results shall also be maintained on -site or be available electronically to a DEMLR inspector upon request. The permittee shall retain records of all monitoring information, including • All calibration and maintenance records • All original strip chart recordings for continuous monitoring instrumentation • Copies of all reports required by this General Permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions • Copies of all data used to complete the Notice of Intent to be covered by this General Permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or Notice of Intent application. This period may be extended by request of the Director at any time 140 CFR 122.41]. Inspection and Entn/ The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: • 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 General Permit; • Have access to and copy, at reasonable times, any records that must be kept under the conditions of this General Permit; • Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this General Permit; and • 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 [40 CFR 122.41(i)]. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this General Permit shall be recorded on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). Annual Summary DMRs shall be delivered to the Division (Central Office) no later than March 1 of each year (See 2. of this section). In addition, any samples analyzed in accordance with the terms of this permit that violate a wastewater effluent limit or exceed a stormwater benchmark value shall be submitted to the Division Regional Office on a DMR form and delivered to the Division Central Files no later than 30 days from the date the facility receives the sampling results from the laboratory. DMR forms are available on the Division's website (http://portal.ncdenr.org/web/Ir/npdes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division, or appropriate authority, according to the provisions above. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW' as per NCAC T15A 02B .0506. If the permittee monitors any pollutant more frequently than required by this General Permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this General Permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon DEMLR's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of the Annual Summary Discharge Monitoring Report (DMR) shall be submitted no later than March 1 of each year to DWR Central Files not DEMLR): Central Files Division of Water Resources (DWR) 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If wastewater monitoring results indicate a wastewater effluent limit violation, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. If stormwater monitoring results indicate a stormwater benchmark value exceedance or the facility is in Tier 2 monitoring, a signed DMR form for that monitoring period shall be sent to the appropriate DEMLR Regional Office (Attn: Stormwater Permitting Program) no later than 30 days from the date the facility receives the sampling results from the laboratory. All stormwater outfall parameters shall be monitored and reported for any monitoring period that the facility is following a Tier 2 response. Addresses for each RO and the counties covered by each RO can be found here: http://portal.ncdenr.orq/web/guest/regional-offices. The permittee shall retain the completed originals on site. Visual (Qualitative) monitoring results should not be submitted to the Division unless specifically requested. Blank DMR forms, Annual Summary DMR forms, and visual monitoring forms are available at the website of the Division's Stormwater Permitting Program: http://portal. noden r.org/web/Ir/n pdes-stormwater The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the address above. 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. As required by the Act, analytical 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 143-215.613 or in Section 309 of the Federal Act. Non-Stormwater Discharges If the storm event monitored in accordance with this General Permit coincides with a non- stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the General Permit or subject to notification requirements under 40 CFR Part 122.42 (a). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the General Permit [40 CFR 122.41(I)(2)]. Spills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part VI of this General Permit. Additionally, the permittee shall report spills including: • Any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Bypass Notice [40 CFR 122.41(m)(3)]: 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 effect of the bypass. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting 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 causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(I)(6)]. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a Notice of Intent to be covered under this General Permit, or submitted incorrect information in that Notice of Intent application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. DEWATERING METHOD Mining will begin towards the back of the property and work its way to the front. Pump locations have been shown on the plans. Maximum pump rate will be 500,000 GPD. Area #001 • Place the portable pump at proposed location designated on the plans • Mine Area #001 o Pump water into the settlement pond. EROSION AND FLOOD PREVENTION Silt fence will be installed along the haul road where necessary. Other measures will be implemented as deemed necessary. ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Wayne J. Smith 20 Thomasboro Rd. SW Calabash, NC 28467 RE: Royal Oak Mine Mining Permit No. 10-81 Brunswick County Lumber River Basin Dear Mr. Smith: NORTH CAROLINA Environmental Quality February 8, 2022 NFaa.0aS Your request to have the above referenced mining permit, issued to J. Lary Faulkenberry, has been approved and is transferred in its entirety to you. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. As a reminder, your permitted acreage at this site is 16.35 acres and the amount of land you are approved to disturb is 12.59 acres. Again, if you should have any questions on this matter please contact Adam Parr, PE, Assistant State Mining Specialist, at (919) 707-9220. Si�ly, David Miller, PE State Mining Engineer Enclosures cc: Mr. Dan Sams, PE Mr. William Gerringer-DOG, Mine and Quarry Bureau, w/o enclosures North Carolina Department of Environmental Quality I Division of Energy. Mlneral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919.7,07.9200 DEPARTMENT OFENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68, "The Mining Act of 1971," Mining Permit Rule I SA NCAC 5 B, and other applicable laws, rules, and regulations Permission is hereby granted to: Wayne J. Smith Royal Oak Mine Brunswick County - Permit No. 10-81 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. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, 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 revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively, and in addition to the above, the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. &74-49. 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. II. Issuance and Modifications. N.C.G.S.&74-52. November 10, 2008: This permit has been issued to J. Larry Faulkenbeny for the operation of a Sand Mine. Mining activities shall occur as indicated on the mine map last revised August 5, 2008 and the supplemental information received by the Land Quality Section on May 20, 2008 and August 8, 2008. The permitted area at this site is 16.35 acres and the area approved to be disturb is 12.59 acres. December 1.2017: This permit has been issued for the life of site or the duration of the lease term. February 8. 2022: This permit has been transferred in its entirety from J. Larry Faulkenberry to Wayne Smith. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new, transferred, and modified mining permits. III. Operating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, GS §74-46, et. seq., and to the following conditions and limitations: Page 3 Wastewater and Ouarry Dewatering, 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 permittees responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. Air Ouality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and Hiles 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. Buffer Zones. 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. Erosion and Sediment Control. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. No dewatering activities shall occur at this site. D. Mining activities shall occur as indicated on the mine map last revised August 5, 2008 and the supplemental information received by the Land Quality Section on May 20, 2008 and August 8, 2008. 5. Permanently Marked Boundaries. All affected area boundaries (12.59 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. Graded Slopes and Fills. 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 Page 4 of sedimentation, shall be planted, or otherwise provided with ground cover, devices, or structures sufficient to restrain such erosion. 7. Surface Drainage. 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. S. Visual Screening. 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. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer (minimum 50 foot undisturbed except for the placement of any necessary screening berms or tree planting) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. Refuse Disposal. 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 Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.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 Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49 (14) of the N.C. Mining Act of 1971): i. on -site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. 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 Energy, Mineral and Land Resources prior to commencement of such disposal: i. the approximate boundaries and size of the refuse disposal area. ii. a list of refuse items to be disposed. Page 5 iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table; and, V. verification that a permanent vegetative groundcover will be established. IV. Annual Reclamation ReRort and Annual Operating Fee. N.C.G.S. &74-55. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. 474-52. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. VI. Bonding. N.C.G.S. 674-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $11,000.00 Irrevocable Standby Letter of Credit, 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. VII. Archaeological Resources. N.C.G.S. §70-3. 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. §70-3, "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. VIII. Approved Reclamation Plan. N.C.G.S. §74-53. 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 pemittee, which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide. 1. Minimum Standards. A. 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. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. Page 6 C. 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. D. 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. E. 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. F. 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. 2. Reclamation Conditions. A. 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. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. ii. The side slopes to the lake excavation shall be graded to a 3 horizontal to I vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. iii. Any areas used for waste piles, screening, stockpiling, or other processing shall be leveled and smoothed. iv. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 111.10.A through 11I.10.D. V. 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 Revegetation Plan approved by Mr. William Bailey, Jr., District Conservationist with the Natural Resources Conservation Service on February 28, 2008. 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 Page 7 mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. 474-51. This permit issued to J. Larry Faulkenberry on November 10, 2008 and modified December 1, 2017, is hereby transferred in its entirety to Wayne Smith this 8th day of February, 2022 pursuant to N.C.G.S. §74- 51. By: Brian Wrenn, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NORMS & TUNSTALL CONSULTING ENGINEERS P.C. 2602 Iron Gate Dr. Suite 102 Wilmington, NC 28412 (910) 343-9653 (910) 343-9604 Fax John S. Tunstall, P.E. T. Jason Clark, P.E. Robbie P. Hennelly, E.I. March 16, 2022 Via Federal Express NCDEQ — Stormwater Program 512 N. Salisbury St., Office 640K Raleigh, NC 27604 Re: Notice of Intent General Permit for Dewatering Submittal Royal Oak Mine Brunswick County, NC NT Project No. 22025 Dear Reviewer, In connection with the subject project, please find enclosed the following: • Processing Fee $100.00 (Norris Check No. 2216) • Original NPDES NCG020000 Notice of Intent • One (1) USGS map • One (1) POM Plan • Copy of the existing Mining Permit #10-81 1429 Ash -Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. Joseph K Bland, P.E. Thomas J. Scheetz, E.I. DECEIVED LIAR 17 2022 DENR-LAND QUALITY STORMWATER PERMITTING Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. '--� ';)" ^"II'�' / iii Hip Norris, P.E. JPN/ttw 22025 03-16-22 s sw Itr - dewatering cc: Wayne Smith NCBELS License C-3641