NCG020929_Notice of Violation with Inspection Report_20200129

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Acting Director
NORTH CAROLINA
Environmental Quality
January 29, 2020
NOTICE OF VIOLATIONS) & NOTICE OF INTENT TO ENFORCE - MINING PERMIT
CERTIFIED MAIL
RETURN RECEIPT REQUESTED 7017 0190 000 9526 9987
Mr. Elijah T. Morton
Morton Minerals, Inc.
121 Garnett Lane
Jacksonville, NC 28546
RE: Mining Permit 67-80
Wellman Mine
Onslow County
White Oak River Basin
Dear Mr. Morton:
This is to inform Morton Minerals, Inc. of violations of the above referenced mining permit.
On January 10, 2020, Holley Snider from the Division of Energy Mineral and Land Resources (DEMLR)
of the Department of Environmental Quality and Robb Mairs from the Division of Water Resources with
the Wilmington Regional Office conducted an inspection of the subject facility. A copy of inspection
report is attached for your reference.
The inspection results revealed violations of the following mining permit conditions (Permit No. 67-80:
l . Operating Condition I A: Any wastewater processing or mine dewatering shall be in accordance
with the permitting requirements of the Environmental Management Commission.
Operating Condition No. I 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 Stormwater Program to secure any necessary stormwater permits
or other approval documents.
Stormwater outlets were observed throughout the site without sufficient measures.
Measures shown on the approved mine site map dated 12/06/2018 have not been installed.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
FQ Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
D�. E
910.796.7215

Notice of Violation
Wellman Mine 67-80
January 29, 2020
Page 2 of 4
2. Operating Condition No.2B: During mining operations, water trucks or other means that may be
necessary shall be utilized to prevent dust from leaving the permitted area.
Dust has not been prevented from leaving the permitted area. The construction entrance lacks
maintenance and sediment was observed tracked onto pavement approximately 0.3miles from
the permitted area along Hines Stump Sound Church Road. A water truck or other means to
prevent dust from leaving the permitted area were not observed onsite.
3. Operating Condition No. 3A: 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.
The buffer has not been maintained between the disturbance boundary and the adjacent wetlands.
The excavation limits have been marked on the site and in many places throughout the site the
haul road has been constructed within and/or land disturbance has occurred within the
undisturbed buffer.
Buffers along the disturbance boundary and adjacent to wetlands throughout the site were
impacted, disturbed, graded, excavated and/or unstable.
The rip rap lined stilling basins and trapezoidal swales shown on the approved mine site map
dated 12/06/2018 have not been installed.
4. Operating Condition 4A: 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.
Adequate mechanical barriers were not present to prevent off -site sedimentation along the
wetland boundary. Silt fence has not been installed at buffer line prior to clearing and grading as
shown on the approved plan.
A floating pump within a pit near the northern excavation limits was observed pumping into the
existing pond onsite (Hines Mine 67-40 released 11/03/2015). Water from the existing pond was
observed discharging by gravity overflow thru a rudimentary trapezoidal swale in the wetlands.
The swale was installed within the 50' undisturbed buffer and wetlands. The swale appears
insufficient to treat the discharge at the rate of gravity overflow from the pond. The swale lacks a
weir, splash apron and maintenance. The rate and volume of discharge have resulted in sediment
and rock fill within the wetlands.
A 12-inch corrugated pipe has been installed under the haul road within a shallow pit near the
southern excavation limits. The pipe is not shown on the approved mine site map dated
12/06/2018 and is located within the 50' undisturbed buffer. The pipe lacks measures to prevent
sediment from discharging from the pit thru the pipe to the wetlands. As a result, sediment has
been deposited with the wetlands adjacent the pipe for a distance of approximately 100 feet.
The existing ditches shown on the approved mine site map dated 12/06/20018 are being utilized
as discharge points. The discharge water volumes are erosive and no measures have

Notice of Violation
Wellman Mine 67-80
January 29, 2020
Page 3 of 4
been installed adjacent to the wetlands to prevent sediment damage. The undisturbed buffer has
not been maintained.
5. Operating Condition 4B: All drainage from the affected areas around the mine excavations shall
be diverted internal to said excavations.
Several ditches were draining off site and not internal to the mine. A corrugated pipe has been
installed beneath the haul road, connecting a shallow pit to the wetlands near the south eastern
mining excavation limits. The pipe is resulting in a direct discharge of sediment to the adjacent
wetlands.
6. Operating` Condition 6: The angle of graded slopes and fills shall be no greater that 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 shall be planted or otherwise provided with
ground cover, devices or structures sufficient to restrain such erosion.
The berms constructed near the southern mining excavation limits and within the undisturbed
buffer lack vegetative cover and no measures sufficient to restrain erosion have been installed.
Sediment has entered the wetlands adjacent to the slopes.
7. Operating Condition 9A: Sufficient buffer (minimum 100 foot) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
The minimum 50-foot buffer has not been maintained. In several locations the haul road has been
constructed or land disturbance has occurred within the 50-foot undisturbed buffer.
8. Operating Condition 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 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.
Approval of modifications is needed. No such application for modification to the mining permit
has been received.
In order to bring this site into compliance, the following corrective actions must be taken:
A. Provide documentation that the proper NPDES Permit has been obtained and
explain why Morton Minerals, Inc. did not obtain the necessary permit.
B. Morton Minerals, Inc. must install measures sufficient to prevent sedimentation from occurring
along the required 50-foot buffer and along the wetland boundary. The corrugated pipe has been
installed beneath the haul road, connecting a shallow pit to the wetlands near the south western
mining excavation limits must be removed. The utilization of the existing ditches to convey
discharges of water from the mine excavation must be abandoned, filled and buffers restored to
prevent offsite sediment damage. The stilling basins and trapezoidal swales must be installed as
required by the approved mine site map dated 12/06/2018 or a modification request submitted for
approval to address the changes made in the field.
C. A water truck or other means must be stored onsite to prevent dust from leaving the permitted
site. A street sweeper should be used to remove the sediment accumulated on Hines Stump
Sound Church Road.

Notice of Violation
Wellman Mine 67-80
January 29, 2020
Page 4 of 4
D. All drainage should be directed internal to the mine. Utilization of the existing ditches as
conveyances for discharges should cease and be permanently abandoned.
E. The angle of slopes and fills adjacent to the wetlands near the southern excavation limits must be
reduced to an angle on which vegetative cover sufficient to restrain erosion can be established.
Ground cover, erosion control blanket or sod must be proved in conjunction with silt fence along
the wetland boundary to prevent sediment damage.
F. Buffers specified on the mine map must be reestablished in all areas where mining activities have
exceeded permitted boundary, as per permit Operating Condition No. 9A. The buffers and the
wetland boundary should be re-established along the eastern and southern excavation limits and
silt fence installed as required. Any portions of the haul road located within the 50-foot
undisturbed buffer must be removed, silt fence installed and ground cover provided within the 50-
foot undisturbed buffer. Sediment that has entered the wetlands must be removed using hand
tools only (buckets and shovels). Explain in Morton Minerals, Inc. response how this will be
accomplished and how these areas will be revegetated.
G. Submit a modification for approval to address the areas disturbed within the buffer, a wetlands
restoration plan, including a time frame for restoration of the affected areas, measures to prevent
future damage, and abandonment of the existing ditches onsite. A revised mine site map showing
the affected/impacted areas must be submitted for approval.
If the above violation is not corrected within sixty (60) days following your receipt of this Notice,
appropriate enforcement action may be taken and a civil penalty may be assessed against your company.
If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of
violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64).
The responsibility rests with you for notifying this office of your plans to correct the violations. Your
response to this letter will be considered as a part of any enforcement action recommendation.
Thank you for your attention to this matter. Please do not hesitate to contact me, Mr. Daniel Sams at
[phone] or Mr. David Miller State Mining Specialist at [phone] regarding any questions
you might have about this matter.
Sincerely,
Daniel Sams, PE
Regional Engineer
Division of Energy, Mineral and Land Resources*/8
Attachment: Mine Inspection Report
Modification Checklist
cc: Mr. David Miller, PE, DEMLR
WiRO Wellman Mine file 67-81
Mr. Shane Strickland, DEMLR
Mr. Robb Mairs, DWR
Mrs. Rachel Capito, USACOE

North Carolina Department of Environment and Natural Resources,
Division of Land Resources, Land Quality Section
MINE INSPECTION REPORT
(PERMITTED MINE)
1. MINE NAME Wellman Mine 2. MINING PERMIT # 67-80
3. OPERATOR Morton Minerals, Inc.
4. COUNTY Onslow 5. ADDRESS Hines Stump Sound Church Road
6. PERMIT EXPIRATION DATE N/A 7. RIVER BASIN White Oak
8. Person(s) contacted at site
9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑ No
11. Date last inspected: N/A 12. Any mining since last inspection? ❑ Yes ❑ No
13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ® No
If no, explain: Violations of Operating Conditions IA, 1B, 213, 3A, 4A, 413, 6, 9A and 12
14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No
If no, explain:
15. Did any of the above deficiencies result in offsite damage? ® Yes ❑ No
If yes, describe the type and severity of the damage:
1. Adequate mechanical barriers were not present to prevent off -site sedimentation along the wetland
boundary. Silt fence has not been installed at buffer line prior to clearing and grading as shown on the
approved plan.
2. A floating pump within a pit near the northern excavation limits was observed pumping into the
existing pond onsite (Hines Mine 67-40 released 11/03/2015). Water from the existing pond was
observed discharging by gravity overflow thru a rudimentary trapezoidal swale in the wetlands. The
swale was installed within the 50' undisturbed buffer and wetlands. The swale appears insufficient to
treat the discharge at the rate of gravity overflow from the pond. The swale lacks a weir, splash apron
and maintenance. The rate and volume of discharge have resulted in sediment and rock fill within the
wetlands.
3. A 12-inch corrugated pipe has been installed under the haul road within a shallow pit near the southern
excavation limits. The pipe is not shown on the approved mine site map dated 12/06/2018 and is
located within the 50' undisturbed buffer. The pipe lacks measures to prevent sediment from
discharging from the pit thru the pipe to the wetlands. As a result, sediment has been deposited with
the wetlands adjacent the pipe for a distance of approximately 100 feet.
4. The existing ditches shown on the approved mine site map dated 12/06/20018 are being utilized as
discharge points. The discharge water volumes are erosive and no measures have been installed
adjacent to the wetlands to prevent sediment damage. The undisturbed buffer has not been maintained.
16. Corrective measures needed and/or taken:
1. Morton Minerals, Inc. must install measures sufficient to prevent sedimentation from occurring along
the required 50-foot buffer and along the wetland boundary. The corrugated pipe has been installed
beneath the haul road, connecting a shallow pit to the wetlands near the south western mining
excavation limits must be removed. The utilization of the existing ditches to convey discharges of

water from the mine excavation must be abandoned, filled and buffers restored to prevent offsite
sediment damage. The stilling basins and trapezoidal swales must be installed as required by the
approved mine site map dated 12/06/2018 or a modification request submitted for approval to address
the changes made in the field.
2. A water truck or other means must be stored onsite to prevent dust from leaving the permitted site. A
street sweeper should be used to remove the sediment accumulated on Hines Stump Sound Church
Road.
3. All drainage should be directed internal to the mine. Utilization of the existing ditches as conveyances
for discharges should cease and be permanently abandoned.
4. The angle of slopes and fills adjacent to the wetlands near the southern excavation limits must be
reduced to an angle on which vegetative cover sufficient to restrain erosion can be established.
Ground cover, erosion control blanket or sod must be proved in conjunction with silt fence along the
wetland boundary to prevent sediment damage.
5. All buffers specified on the mine map must be reestablished in all areas where mining activities have
exceeded permitted boundary, as per permit Operating Condition No. 9A. The buffers and the wetland
boundary should be re-established along the eastern and southern excavation limits and silt fence
installed as required. Any portions of the haul road located within the 50-foot undisturbed buffer must
be removed, silt fence installed and ground cover provided within the 50-foot undisturbed buffer.
Sediment that has entered the wetlands must be removed using hand tools only (buckets and shovels).
Explain in Morton Minerals, Inc. response how this will be accomplished and how these areas will be
revegetated.
17. Other recommendations and comments: Submit a modification for approval to address the areas
disturbed within the buffer, a wetlands restoration plan, including a time frame for restoration of the affected
areas, measures to prevent future damage, and abandonment of the existing ditches onsite. A revised mine site
map showing the affected/impacted areas must be submitted for approval.
18. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed
19. Follow-up inspection needed? ® Yes ❑ No Proposed date 02/28/2020
20. No. of additional pages of Inspection Report 3 21. Copy of Report sent to operator Yes
INSPECTED BY: Holley Snider DATE 01 / 10/2020
Telephone No: 910-796-731 S
Copy to file Copy to operator Copy to Mining Specialist