20150042 Ver 1 _Railspur SEC Violation _20150526

Burdette, Jennifer a
From: Higgins, Karen
Sent: Tuesday, May 26, 2015 10:33 AM
To: Burdette, Jennifer a
Subject: FW: Charah Rail Spur
Attachments: DSCN0451.JPG; DSCN0456.JPG; DSCN0461.JPG; DSCN0462.JPG; DSCN0465.JPG
FYI
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Smith, Danny
Sent: Friday, May 22, 2015 9:18 AM
To: Higgins, Karen
Subject: FW: Charah Rail Spur
Danny Smith, Supervisor
Raleigh Regional Office
Division of Water Resources
From: Rachael Thorn[mai Ito: rachael.thornCa)chathamnc.org]
Sent: Wednesday, May 20, 2015 4:44 PM
To: Holley, John; Smith, Danny; Williams, Andrew E SAW
Cc: Dan LaMontagne
Subject: Charah Rail Spur
Here are a few photos taken today at the Charah Rail Spur site. The drill rig shown is parked somewhere in the general
area of the proposed "no disturbance wetland crossing" and is to be spanned as a bridge (abutment stake shown in
photo 456). Heavy equipment has driven through this area during logging operations conducted within the last few
weeks. Photos 461, 462, and 465 show the stream on site. The stream is a tributary to Shaddock Creek.
Thanks!
Rachael Thorn, CPESC
Lead Erosion Control Officer
Chatham County
Phone [phone]
In keeping with the NC Public Records Low, e-mails, including attachments, may be released to others upon request for
inspection and copying.

r
li L1111916W' 1� -SAY I.,
0
-i WwetjpL�
- Wki
1
VE
R,
OM Mr,
25
110
Jn
JV

'77T
�� r� .5 � "' � �. �K
10
W4,
0
. . . . . . . . . . . . ........

F - , 42 , 'e. ;� , ..�
f4—
'01V

f
PALO! �
77,;
'16
I ul

LAND & WATER RESOURCES DIVISION
Environmental Quality Department
CHATHAM COUNTY
NORTH CAROLINA P.O. Box 548
Piftsboro, NC 27312
PHONE: [phone]
..................... Fax: [phone] e E-mail: ra�ch����a�[e-mail] e Website: www.chathamnc.org
Soil Erosion and Sedimentation Control
NOTICE OF VIOLATION OF THE CHATHAM COUNTY SOIL EROSION AND SEDIMENTATION
CONTROL ORDINANCE
May 26, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Green Meadow, LLC
12601 Plantside Drive
Louisville, KY 40299
Attn: Charles Price
Green Meadow, LLC
C/O Corporate Service Company
327 Hillsborough Street
Raleigh, NC 27603
om
Moncure Holdings, LLC
2717 New Hill Olive Chapel Rd.
New Hill, NC 27562
Attn: Jason Kaplan
Moncure Holdings, LLC
C/O Loretta Young
PO Box 71
New Hill, NC 27562
RE: Charah Rail Spur
To the Above Named Persons and Entities:
On May 20, 2015, personnel of this office inspected the above referenced project. This inspection was
performed to determine compliance with the Chatham County Soil Erosion and Sedimentation Control
Ordinance.
It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Chatham
County Soil Erosion and Sedimentation Control Ordinance. If you feel you are not responsible for the
following violations, please notify this office immediately.

LAND & WATER RESOURCES DIVISION
Environmental Quality Department
CHATHAM COUNTY
NORTH CAROLINA P.O. Box 548
Pittsboro, NC 27312
PHONE: [phone]
Fax: [phone] • E-mail: [e-mail] -=rsl�te t1hilia"I'mi—nic ­®rg""Mi
The violations that were found are:
1. No approved plan, Section 164.05(G): No person shall initiate any /and -disturbing activity on a
tract If more than 20, 000 square feet Is to be uncovered unless, a plan for the activity Is filed with the
county 30 or more days prior to initiating the activity, and the plan Is approved and a land -disturbing
permit is granted by the county In accordance with Section 164.12 of this chapter.
Land -disturbing activity is being conducted on the proposed Charah Rail Spur project without prior plan
approval or permit issuance.
2. Failure to take all reasonable measures, Section 164.05(A): Protection ofpropedy, Persons
conducting land -disturbing activity shall take all reasonable measures to protect all public and private,
property from damage caused by the activity.
No erosion control measures were provided for the initial clearing phase of the project to prevent impacts
from sedimentation.
3. Inadequate buffer zone, Section 164.05(B): Riparian buffers. Land -disturbing activity conducted
In proximity to any surface water Is also subject to, and must provide a riparian buffer In accordance with
the riparian buffer requirements set forth In the County Watershed Protection Ordinance. Under no
cl,rcumstance, shall a riparian buffer be less than 30 feet
Riparian buffers were not provided in accordance Section 304 of the Watershed Protection Ordinance.
To correct these violations, you must:
1. Submit a plan to this office for approval. Once a Land -Disturbance permit is issued,
proceed with installation of erosion control measures per the construction sequence
on the approved plan.
2. Take immediate action to stabilize the disturbed stream banks and protect the
channel. At a minimum, this should include slit fence along the bank of the tributary
to prevent disturbed soils from entering the stream and leaving the site.
3. Buffers must be restored and re -vegetated. All riparian buffers must be shown on the
plan and any crossings must be designed to minimize the amount of intrusion into the
buffer.
Please be advised that if these violations are not corrected within 10 days after receipt of this notice,
Chatham County may take the appropriate legal action against you. That action could be the assessment
of a civil penalty, and the amount may be up to $5000 per day for each violation. The penalty may be
assessed from the date of the violation. If the violations are corrected within the time period specified
for compliance, no further legal action will be pursued.
Please be advised that no activity associated with this project, other than that related to achieving
compliance, should be conducted until the site is brought into compliance. When corrective actions are
complete, you should notify this office so that work can be inspected. You should not assume that the
property is in compliance with the Ordinance until we have notified you. After installation, all erosion
control measures must be maintained in proper working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time,
it is your responsibility to understand and comply with the requirements of the Ordinance.

/
LAND & WATER RESOURCES DIVISION
~, ~~
Environmental Quality Department
CHATHAM COUNTY
~~��NTY
NORTH CAROLINA P.U. Box 548
Fqttobonm.NC 27312
PHONE: (919)545-B343
We also recommend you contact Danny Smith ofNCDivision ofWater Resources at/�19)791'42OOand
Andrew V0U|a0sw�hUSArmy Corps ofEDgiMe8Bat/91g\S54-4884regarding any ' potential
issues with State and Federal standards with onsite streams and wetlands.
Should you have questions concerning this notice orthe requirements of the Ordinance please contact
meatyour earliest convenience. Mvoffice phone number is(91Q)515-8]43.
Rachael Thorn, [PBC
Lead Erosion & Sedimentation Control Officer
Chatham County
Enclosures: Sedimentation Inspection Report
cc: Charlie Horne, Chatham County Manager
Jason Sullivan, Chatham County Director ofPlanning
Dan LaMontagn*, Chatham County Director ofEnvironmental Quality
Danny Smith, Division of Water Resources, Water Quality Regional Operations
John Holley, Regional Engineer, NCDEMLR
Andrew Williams, US Army Corps of Engineers, Raleigh Regulatory Field Office
Steve Stroud, NAICaro|antic

F
or
on f
proposed bridge at STA 16+00 to
span wetland ADisturbancefF r d i" JiYya
M M'
Crossing".
�r
�4
` t I( fl li dC
A X71 4. i i J � r � � r l � �"'� �� � r• �k � r �� ��ip � r i �+
l „r+ r �Pwrqq / tvar S'l U+ fid r 7P w a s
-77
S� 3� �� if 4��w �'� �,F��r � � w �" ✓.� r � r /�� h� f3�,n.m �1 r» t��*r .r+"j�� �s. �y,, ��v�,r/��r��A���t[i�`,�Y`h.
t✓x� wrw - b,�
�k � r � r,,..a� a '�'" � � � ,.� t � r �a�� 5 :.3 � �` I+s ,y. r�i q �� ✓ '� �' K �y�%i p t .y o ,
'�..rn�d ,�)•"�'�� ���,�� w. r �++., rF "iefw.,+,,,y��W y�iPY r. urr�p �', m' W'i rfi' jI%�tiu 9✓�r� � '��il "=a': ��y µl�� ����p'/f �"�K `W�
W"�..��,.w?m{',n"krtV
�@(Z�`
?°,,%ru

a q ,gvrx 'a"a yi �! 4,• �,„�� I""4 7'4 �/'^[ y+ rr'er f�„i"`f �,�R �•ry' ,� ++I" &'tet'}"`,
�+��` � Is �,r xwi �� •'n ;' e" rf'r`Y r/� �,Y a r r ,� '� ' �� �
•i !K"Oy{� m w�r� ,� e 7 +r�r�, �` tN� p"��/ � AfJ� a� r '�'� k `" �f� 1 ,� ,y �'� r�,�,��!� st3N;'�i�Aim�i' !' ��'
�' � �'r Sk ✓�+ i�� r �� � d Asa, .J, � . � f,� ��i F k� ^�'�� n " r I, i
i1�
Vii, ��'+!�`` �4�`:� �. !�' �i':� � t ���'" � ��`�f�x ^"'� I�w ,e h �.. �� � �` .�,J�6 ���/w ��rdr w�•,,����-t��4�,, � r�,
�r
�a11� pe l 74"
,¢ � �'-°'
r�
• �� i ��� ,�` ;r • YNen.
.,. �' r ��/ r. S'r'i f� ` - r .t ' � r � ya7 �+�%�,;, � �6, wc4�`r � ' ��`��„•
p �” m q .� Lr,µ" k n s -r ',r � ,�„ 'cul, i 9 K' �• 9 �` �° �^" mrs
yf' � ` �., �r <<p �� i^" �r ,,;v„'4�t`�i+i w�" �r`��i� �'a' � , •y,r �,� r r �`�'� �� _�...,. � �
�R

CHATHAM COUNTY
NONi 11 CApOLI%A
Project:
Project #:
Person Financially Responsible:
Address:
River Basin:
Date of Inspection:
Inspector:
1. Project Location:
B Pictures
Erosion and Sedimentation Control Inspection Report LAND WATER RESOURCES nl'JSION
Environmental Quality Department
Charah Rail Spur
2015-021
Green Meadow LLC
12601 Plantside Drive Louisville KY 40299
Cape Fear River Basin
SI20l2015
Rachael Thorn
P.O. Box 548
Pittsboro, NC 27312
PHONE: [phone]
Fax: [phone] Website: www.chathamnc.org
Proposed Rail Spur into Brickhaven No. 2 Mine Tract A
2. Weather and soil conditions: Sunnv and clear. Workable soils
3. Initial Inspection: Yes
4. Is site in compliance with the ordinance?
No
5. Is the site being placed under a Notice of Violation?
Yes
6. Is the site currently under a Notice of Violation?
No
7. Is site in compliance with SPCA and rules?
No
0 No approved plan, Section 164.05(G)
❑ Failure to follow approved plan, Section 164.10(0)
❑ Failure to submit revised plan, Section 164.10(M)
❑ Failure to provide adequate groundcover, Section 164.05(I)
❑ Failure to self inspect, G.S. 113A -54.1(e) and 15A NCAC 46.0131
❑ Insufficient measures to retain sediment on site, Section 164.05(])
© Failure to take all reasonable measures, Section 164.05(A)
10 Inadequate buffer zone, Section 164.05(6)
❑ Graded slopes and fills too steep, Section 164.05(C)
❑ Unprotected exposed slopes, Section 164.05(C)
❑ Failure to maintain measures, Section 164.18 and 15 NCAC 48.0113
8. Potential NPDES Permit Violation: Yes Describe: No approved plan for greater than 1 acre of disturbance
9. Has sediment damage occurred since last inspection? No Where?
Description of sediment damage:
Degree of damage:
10. Contact made with (name): Erik West
How was Inspection Report was provided to responsible party? Isent
Date 5 26_2015
11. Corrective actions needed
1Z Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed,
10 Provide adequate stream buffers
lother: Provide minimum temporary measures, such as silt fence, to protect the tributary stream until a plan is approved and can be fully implemented.
Comments: An erosion control plan for the Charah Rail Spur was submitted to this office on May 8th. The plan was
under review on May 19th when it was reported that site clearing had been conducted. Charah was contacted via
telephone and it was confirmed that clearing activity had occurred. An inspection was scheduled for the following
day. On May 20th, county staff visited the Brickhaven Mine and Charah Rail Spur sites. The inspection of the
proposed Rail Spur site revealed the following: 1) Clear cutting of the Rail and Utility Easement between Old US I
and Brickhaven Tract A was complete, 2) Activities underway during inspection included geotechnical boring for
bridge abutments at STA 16+00 as well as removal of remaining downed trees, 3) No erosion control measures were
provided, 4) The clearing limits spanned approximately 150 feet and encompassed the easement and project limits
from Old US I to the Brickhaven Mine, 5) Disturbance was also documented at the tributary to Shaddock Creek,
including the channel banks, 6) No buffer remained for the tributary and 7) Channel banks were in an unstable
condition. A Notice of Violation (NOV) will be issued for this project. Please refer to the NOV for more
information. Contact Rachael Thorn at [phone] with any questions or concerns.