20231592 Ver 1_192635_DWR PreFile_Project Submittal Interim Form_01242023_20231121

Project Submittal Interim Form
Updated September 4, 2020
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1/24/2023
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South McDowell Quarry Expansion Project
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1/24/2023

TECHNICAL SPECIFICATIONS

FOR

South McDowell Quarry

OWNER:

Hendrick Industries
PO Box 1040
Salisbury, NC 28145

PREPARED BY:

NCBELS LICENSE#: C-2184

168 Patton Ave. 52 Walnut Street – Suite 9
Asheville, NC 28801 Waynesville, NC 28786
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
www.civildesignconcepts.com

CDC JOB NO. 22333
November 15, 2023 JOB # 20804
South McDowell Quarry
Project No. 22333
TECHNICAL SPECIFICATIONS
31 23 00
31 32 00 SITE STABILIZATION
32 01 00 RESTORATION OF SURFACES
33 41 00 DRAINAGE MATERIALS
33 49 00 MINOR DRAINAGE STRUCTURES
DIVISION 31 - EARTHWORK
DIVISION 32 - EXTERIOR IMPROVEMENTS
DIVISION 33 - UTILITIES
EXCAVATING, BACKFILLING AND COMPACTING FOR UTILITIES AND STRUCTURES

31 23 00 - Page 1
SECTION 31 23 00 EXCAVATING, BACKFILL, AND COMPACTING FOR
UTILITIES & STRUCTURES

PART 1: GENERAL

1.01 SCOPE OF WORK

A. The Contractor shall furnish all labor, material, equipment, and supplies, and shall
perform all earthwork for installation of utilities including excavation and
backfill, pavement removal, sheathing, bracing, shoring, pumping or bailing,
dewatering, restoration and cleanup; all as indicated, specified and/or necessary to
complete the work.

B. Any reference to NCDOT standard specifications was obtained from "Standard
Specifications for Roads and Surfaces" published by the North Carolina
Department of Transportation dated February 10, 2006. Unless otherwise noted,
the most current date published applies.\

C. Excavation for this project will be Classified excavation. Any earthwork that
does not conform to earth excavation as defined in the 31 23 00- Grading
specification shall be paid for per unit prices established in section 01 22 00 of the
specifications.

C. Related Work: Reference the following specifications for related work:

31 32 00 Site Stabilization
32 01 00 Restoration of Surfaces

PART 2: PRODUCTS

2.01 MATERIALS

A. Fill Material shall be classified as ML-low plasticity silt or better by the Unified
Soil Classification System and tabulated below:

UNIFIED CLASS DESCRIPTION
CLASS I GW ¼”- 1 ½” well graded stone including coral, slag,
cinders, crushed stone & shell
CLASS II GP Coarse gravel, poorly graded
SW Coarse sands, well graded
SP Coarse sands, poorly graded
CLASS III GM Silt-y, sandy gravel
SM Silt-y sands
SC Clay-y sands

31 23 00 - Page 2
B. Backfill material shall exhibit a plasticity index of less than 20, and Standard
Proctor maximum density at optimum moisture greater than 90 pounds per cubic
foot.

C. The following materials are unacceptable:

UNIFIED CLASS DESCRIPTION
CLASS III GC Clay-y, sandy gravel
CLASS IV CL Inorganic clays- low plasticity
MH Inorganic elastic silts
CH Inorganic clays- high plasticity
ML Inorganic silts and fine sands
CLASS V OL Organic silts
OH Organic clays
PT Highly organic soil

D. Washed Stone: Stone material where indicated shall be crushed stone or gravel of
strong, durable nature and shall conform to standard size No. 57 per NCDOT
Section 1000.

E. Concrete: Minimum 28-day compressive strength of 3000 psi.

PART 3: EXECUTION

3.01 EXISTING FACILITIES

A. Existing Utilities Shown on the Drawings: It shall be the Contractor's
responsibility to conduct the work in such a manner as to avoid damage to or
interference with any utilities services shown on the drawings. If such damage,
interference, or interruption of service shall occur as a result of his work, then it
shall be the Contractor's responsibility to promptly notify the Engineer of the
occurrence and to repair or correct it immediately, at his own expense, and to the
satisfaction of the Engineer and the Owner of the Utility.

B. Existing Utilities Not Shown on the Drawings: It shall be the Contractor's
responsibility to exercise all reasonable precaution in the performance of the work
to avoid damage to or interference with any utilities services, even though not
shown on the drawings. If such damage, interference, or interruption of service
shall occur as the result of this work, then the Contractor's responsibility will be
the same as stipulated in Paragraph 3.1.A above.

31 23 00 - Page 3
3.02 EXISTING STREAMS

A. Exercise reasonable precaution to prevent the silting of streams. Provide at
Contractor's expense temporary erosion and sediment control measures to prevent
the silting of streams and existing drainage facilities. The Contractor shall size
structures and conform fully with the North Carolina Sedimentation Pollution
Control Act.

3.03 CLASSIFIED EXCAVATION AND BACKFILL – GENERAL REQUIREMENTS

A. Pavement, gutters, sidewalks, aprons and curbs which will be disturbed by
excavation shall be removed and disposed of as a part of ordinary excavation.
That which is to be removed shall be cut or sawn along clean straight lines from
that which is to remain. Remove enough such that a minimum of twelve inches of
undisturbed earth remain between the excavation and that which is to remain.

B. Where required, and as approved by the Engineer, sheeting and bracing shall be
used to prevent injury to persons, caving of trench walls and to conform with all
governing laws and ordinances. Sheeting and bracing shall be left in place until
the trench is refilled to a safe limit. The top portion may then be removed, but the
lower portion shall remain undisturbed.

C. Stability of Excavations:

1. Slope sides of excavation to comply with local codes and ordinances
having jurisdiction and in accordance with the requirement noted in the
Geotechnical Report. Shore and brace where sloping is not possible
because of space restrictions or stability of material excavated.

2. Maintain sides and slopes of excavations in safe conditions until
completion of backfilling. Protect slopes from erosion by covering the
slope with material such as polyethylene sheets.

D. Dewatering:

1. Prevent surface water and subsurface or ground water from flowing into
excavations and from flooding project site and surrounding area

2. Do not allow water to accumulate in excavations. Remove water to
prevent softening of foundation bottoms, undercutting footings, and soil
changes detrimental to stability of subgrades and foundations. Provide and
maintain pumps, well points, sumps, suction and discharge lines, and other
dewatering system components necessary to convey water away from
excavation.

31 23 00 - Page 4

3. Establish and maintain temporary drainage ditches and other diversions
outside excavation limits to convey rain water and water removed from
excavations to collecting or run-off areas. Do not use trench excavations
as temporary drainage ditches. Do not discharge drainage water lines into
municipal sewers without municipal approval. Prevent water running onto
adjacent properties and public thoroughfares. Direct surface drainage
away from excavated areas.

4. Disposal of water resulting from the dewatering operation shall be done in
a manner that does not interfere with normal drainage, and does not cause
damage to any portion of the work or adjacent property. All drains,
culverts, storm sewers and inlets subject to the dewatering operation shall
be kept clean and open for normal surface drainage.

5. The dewatering system shall be maintained until backfilling is completed
or as otherwise directed by the Engineer. All damage resulting from the
dewatering operation shall be repaired by the Contractor to the satisfaction
of the Engineer and at no cost to the Owner.

E. Material Storage

1. Where required by schedule or site limitations, stockpile satisfactory soil
materials and/or select fill where directed, until required for backfill or fill.
Place, grade and shape stockpiles from proper drainage.

2. Locate and retain soil materials away from edge of excavations. Do not
store within drip-line of trees indicated to remain

3. Dispose of excess soil material and waste materials as herein specified

F. Excavation for Structures

1. Conform to elevations and dimensions shown within a tolerance of plus or
minus 0.10’. Excavations for footings and mats may be neat excavated
where possible with sides and top edges free of loose or wet materials.
Where neat excavation is not possible, excavate by open cut and allow
sufficient distance from the edge of footings and foundations to permit
placing and removing concrete formwork, installing services, other
construction, and for inspection.

2. In excavating for footings and foundation, take care not to disturb bottom
of excavation. Excavate by hand to final grade just before concrete
reinforcement is placed. Where unsatisfactory bearing surfaces are
encountered, the area shall be undercut as required and backfilled with
cement stabilized sand or lean concrete as directed by the Geotechnical

31 23 00 - Page 5
Engineer. Trim bottoms to required lines and grades to leave solid, clean,
level and flat base to receive other work.

3. Protect soils exposed at the base of completed foundation excavations
against disturbance from construction activities and changes in moisture
content. Excavations shall not be left overnight unless it is protected with
a minimum 2” thick seal slab of lean concrete. Where the bottom of the
excavation will be exposed to movement of crawler type heavy
equipment, the contractor may leave about one foot of undisturbed soil
above indicated bottom of footing elevation

4. Mat excavation: the final one foot of mat excavation shall be performed
over small areas and shall produce minimal disturbance to the bearing
surface. As soon as the excavated area is cleaned, all loose material
removed, and soft spots filled, the bearing area shall be immediately
covered with a 3” unreinforced seal slab of lean concrete before
proceeding to the next area of excavation.

G. The Contractor shall erect, maintain, and safeguard temporary bridges, walkways,
or crossings where it is necessary to maintain traffic. Where trenches are open in
the vicinity of pedestrian or vehicular travel lanes, suitable carriers will be
constructed and maintained and the work will be further protected from sunset to
sunrise with a sufficient number of lights or flares to fully protect the public from
accidents on account of construction. The Contractor shall maintain at a
minimum a single lane of traffic during all construction activities at all times.
The Contractor shall provide flaggers as necessary to safely direct and
accommodate traffic during construction.

H. If the specified depth for foundations proves insufficient to reach firm ground, the
Engineer shall be notified and will furnish instructions for proceeding with the
work.

I. Rock, wherever used as a name for excavation material, shall refer to any
naturally occurring material that cannot be removed with a Caterpillar D-9 or
equal, equipped with a properly fitted single tooth ripper, or removed by a
Caterpillar 225 backhoe or equal, equipped with rock teeth that requires for its
removal drilling and blasting, or wedging or sledging and barring. Where rock
excavation is necessary, the Contractor shall excavate the same as near the neat
lines of the trench as practicable and he shall take all due precautions in the
pursuance of the work. He will be held strictly responsible for all injury to life
and to public and private property.

1. Rock shall be removed from the excavation to the following limits:

a. Trenches: The diameter of the pipe plus 8 inches on each side,
extending 6 inches below the pipe wall and bell.

31 23 00 - Page 6
b. Structures: 12 inches beyond the vertical plane of the structure on
all sides and on the bottom only to the depth necessary for proper
installation.

J. Blasting: Prior to commencing any blasting operations the Contractor shall notify
the Engineer and either the Local Fire Department - Fire Prevention Section or the
County Fire Administrator (as applicable) and obtain blasting permits as
required. The Contractor must furnish proof (certification) of insurance specific-
ally covering any and all obligations assumed pursuant to the use of explosives.

All blasting operations shall be conducted in strict accordance with any and all
decrees, rules, regulations, ordinances, laws as may be imposed by any regulatory
body and/or agency having jurisdiction over the work relative to handling,
transporting, use and storage of explosives. Blasting shall be done only by
competent, and experienced men whose activities shall be conducted in a
workmanlike manner. Satisfactory information must be provided to the Engineer,
that the blaster meets or exceeds the qualifications enumerated in OSHA
Regulations Part 1926, Subpart U, Section 1926.901 - Blaster Qualifications.

The Contractor shall protect all structures from the effects of the blast and repair
any resulting damage. If the Contractor repeatedly uses excessive blasting
charges or blasts in an unsafe or improper manner, the Engineer may direct the
Contractor to employ an independent blasting consultant to supervise the
preparation for each blast and approve the quantity of each charge.

1. Overburden: Undisturbed overburden may be deemed adequate in lieu of
matting but only after the actual depth of the undisturbed overburden has
been determined and adjudged sufficient by the Engineer. Under no
circumstances will loose or fill overburden be adequate without the use of
weighted mats.

2. Permission to Blast: The Contractor shall not be allowed to blast before 9
a.m. or after 3 p.m. without approval of the Engineer and Owner. Blasting
will not occur within any rights-of-way maintained by any agency
(D.O.T., R.R., Gas, Owner, etc.) without specific approval of the
controlling agency and only in accordance with their respective
requirements (as exceeded herein). The Contractor shall be held
responsible for any and all injury to persons or damage to public or private
property.

3. The Contractor shall not use excavated rock as backfill material. Dispose
of rock which is surplus or not suitable for use as rip rap.

4. Monitoring: The Contractor shall notify the Engineer prior to any
blasting. Additionally, the Contractor shall notify the Engineer before any
charge is set. Following review by the Engineer regarding the proximity
of permanent structures to the blasting site, the Engineer may direct the

31 23 00 - Page 7
Contractor to employ an independent, qualified specialty sub-contractor,
approved by the Engineer, to monitor the blasting by use of seismograph,
identify the areas where light charges must be used, conduct pre-blast and
post-blast inspections of structures, including photographs or videos, and
maintain a detailed written log.

3.04 TRENCH EXCAVATION AND BACKFILL

A. TRENCH EXCAVATION

1. General: Perform all excavation of every description and of whatever
substance encountered so that the pipe can be laid to the alignment and
depth shown on the Drawings.

2. Brace and shore all trenches, where required, in accordance with the rules
and regulations, promulgated by the Department of Labor, Occupation
Safety and Health Administration, "Safety and Health Regulations for
Construction".

3. Make all excavations by open cut unless otherwise specified or indicated
on the Drawings.

4. Width of Trenches: Excavate trenches sufficiently wide to allow proper
installation of pipe, fittings and other materials and not more than 18”
clear of pipe on either side at any point. Do not widen trenches by
scraping or loosening materials from the sides.

5. Trench Excavation in Earth: Earth excavation includes all excavation of
whatever substance encountered. In locations where pipe is to be bedded
in earth excavated trenches, fine grade the bottoms of such trenches to
allow firm bearing for the bottom of the pipe on undisturbed earth. Where
any part of the trench has been excavated below the grade of the pipe, fill
the part excavated below such grade with pipe bedding material and
compact at the Contractor's expense.

6. Trench Excavation in Fill: If pipe is to be laid in embankments or other
recently filled material, first place the fill material to the finish grade or to
a height of at least one foot above the top of the pipe, whichever is the
lesser. Take particular care to ensure maximum consolidation of material
under the pipe location. Excavate the pipe trench as though in undisturbed
material.

7. Trench Bottom in Poor Soil: Excavate and remove unstable or unsuitable
soil to a width and depth, as directed by the Engineer, and refill with a
thoroughly compacted gravel bedding.

31 23 00 - Page 8
8. Bell Holes: Provide bell holes at each joint to permit the joint to be made
properly and to provide a continuous bearing and support for the pipe.

B. TRENCH BACKFILL

1. General: Unless otherwise specified or indicated on the Drawings, use
suitable material for backfill which was removed in the course of making
the construction excavations. Do not use frozen material for the backfill
and do not place backfill on frozen material. Remove previously frozen
material before new backfill is placed. Start backfilling as soon as
practicable after the pipes have been laid, or the structures have been built
and are structurally adequate to support the loads, including construction
loads to which they will be subjected, and proceed until its completion.

2. With the exception mentioned below in this paragraph, do not backfill
trenches at pipe joints until after that section of the pipeline has
successfully passed any specified tests required. Should the Contractor
wish to minimize the maintenance of lights, and barricades, and the
obstruction of traffic, he may, at his own risk, backfill the entire trench as
soon as practicable after installation of pipe, and the related structures
have acquired a suitable degree of strength. He shall, however, be
responsible for removing and later replacing such backfill, at his own
expense, should he be ordered to do so in order to locate and repair or
replace leaking or defective joints or pipe.

3. Material: The nature of the materials will govern both their acceptability
for backfill and the methods best suited for their placement and
compaction in the backfill. Both are subject to the approval of the
Engineer. Do not place stone or rock fragments larger than 4” in greatest
dimension in the backfill. Do not drop large masses of backfill material
into the trench in such a manner as to endanger the pipeline. Use a timber
grillage to break the fall of material dropped from a height of more than 5
feet. Exclude pieces of bituminous pavement from the backfill unless
their use is expressly permitted.

4. Zone Around Pipe: Place bedding material to the level shown on the
Drawings and work material carefully around the pipe to ensure that all
voids are filled, particularly in bell holes. For backfill up to a level of 2
feet over the top of the pipe, use only selected materials containing no
rock, clods or organic materials. Place the backfill and compact
thoroughly under the pipe haunches and up to the mid-line of the pipe in
layers not exceeding 6” in depth. Place each layer and tamp carefully and
uniformly so as to eliminate the possibility of lateral displacement. Place
and compact the remainder of the zone around the pipe and to a height of
one foot above the pipe in layers not exceeding 6” and compact to a
maximum density of at least 100 % as determined by ASTM D0698.

31 23 00 - Page 9
5. Tamping: Deposit and spread backfill materials in uniform, parallel layers
not exceeding 12” thick before compaction. Tamp each layer before the
next layer is placed to obtain a thoroughly compacted mass. Furnish and
use, if necessary, an adequate number of power driven tampers, each
weighing at least 20 pounds for this purpose. Take care that the material
close to the bank, as well as in all other portions of the trench, is
thoroughly compacted. When the trench width and the depth to which
backfill has been placed are sufficient to make it feasible, and it can be
done effectively and without damage to the pipe, backfill may, on
approval, be compacted by the use of suitable rollers, tractors, or similarly
powered equipment instead of by tamping. For compaction by tamping
(or rolling), the rate at which backfilling material is deposited in the trench
shall not exceed that permitted by the facilities for its spreading, leveling
and compacting as furnished by the Contractor.

6. Wet the material by sprinkling, if necessary, to insure proper compaction
by tamping (or rolling). Perform no compaction by tamping (or rolling)
when the material is too wet either from rain or applied water to be
compacted properly.

7. Trench Compaction: Compact backfill in pipe trenches that is under
pavement to the maximum density of soil material compacted at optimum
moisture content to 95% and with the last 2’ being 98%. Compact backfill
in pipe trenches that is not under pavement to the maximum density of soil
material compacted at optimum moisture content to 95%.

3.05 STRUCTURE EXCAVATION AND BACKFILL

A. STRUCTURE EXCAVATION

1. Structure Excavation shall be made at the locations shown on the plans
and to the exact subgrade required. Bottom of excavations shall be level
and in firm, solid material, with soft material or voids treated as specified.
Excavated areas shall be kept free of water during the construction period.
Where earth will stand, footing trenches may be cut to the exact size of the
footings; otherwise, forms shall be used. Where necessary, sides of
excavations shall be shored and sheathed, or cofferdams built, as required
for protection of the work and personnel.

2. Wherever excavation for a foundation extends below the water table or
where specifically indicated on the plans, washed stone shall be placed to
a minimum thickness of 12 inches, unless otherwise shown or as directed
by the Engineer, prior to placing the foundation. The washed stone shall
be compacted to 90% of maximum as determined by the Standard Proctor
test (ASTM D698).

31 23 00 - Page 10
3. If the specified depth for foundations proves insufficient to reach firm
ground, the Engineer shall be notified for furnishing instructions and
proceeding with the work.

B. STRUCTURE BACKFILL

1. Structure Backfill shall be done with material free from large clods, frozen
earth, organic material or any foreign matter, and shall evenly and
carefully be placed and tamped in horizontal layers. Compaction
equipment specifically designed for these purposes must be present and
operational at the job site and shall be utilized throughout to obtain
uniform compaction. The degree of compaction and the density shall be
determined by the Standard Proctor Test (ASTM D698), with compaction
requirements as follows:

Percent of Maximum Density
at Optimum Moisture Location

98 Top 24" of fill beneath pavement and structures.

95 24” or deeper beneath all roads and driveways, full
depth under sidewalks and undercut backfill for
structure excavation.

2. No backfill shall be placed against a structural wall until all connecting
structural members are in place. It shall be the Contractor's responsibility
to provide compaction to such a degree that subsidence after placing shall
not be detrimental to the stability or appearance of the structure, adjacent
ground, or paved areas. The Contractor shall provide adequate protection
to all structures during backfilling and shall use every precaution to avoid
damaging or defacing them in any way. Contractor shall be responsible
for the protection of all structures from damage or flotation prior to
backfill being placed.

3. Unless otherwise approved by the Engineer, liquid-retaining structures
shall not be backfilled until tested for leakage.

3.06 UNSTABLE SUBGRADE

A. Should unstable soil, organic soil, or soil types classified as fine-grained soils
(silts and clays) by ASTM D-2487 be encountered in the bottom of pipe trenches
or structure excavations, such soils shall be removed to a depth and width
determined by the Engineer, properly disposed of and shall be backfilled with
crushed stone conforming to the Department of Transportation Specifications,
Size 57. Placement shall not exceed 12-inches loose and compacted to 90% of
the dry density determined by the Standard Proctor test ASTM D698 (Concrete

31 23 00 - Page 11
may be substituted in place of #57 stone at the Contractor's option. A 24-hour
cure must be given before proceeding with the work).

3.07 COMPACTION

A. Compaction: Unless otherwise noted, each layer of fill and backfill and the top
12 inches of existing subgrade material in cuts shall be compacted by approved
equipment as specified below. Maximum lift thickness shall be 8” of loose material prior
to compaction efforts. The degree of compaction and the density shall be determined by
the Standard Proctor Test (ASTM D698).

Percent of Max. Dry Density at Optimum Moisture Content

Top 24 inches of fill under
pavement or structures 98%

24” and deeper under roads and structures 95%

Fill and backfill in other areas 95%

Material too dry for proper compaction shall be moistened by suitable watering devices,
turned and harrowed to distribute moisture, and then properly compacted. When material
is too wet for proper compaction, operations shall cease until such material has
sufficiently dried.

31 23 00 - Page 12
3.08 COMPACTION TESTING

A. The Owner, or its authorized representatives, reserve the right to perform
compaction tests on any or all portion(s) of backfill placed at no cost to the
Contractor. However, in the event the compaction of this backfill is not in
compliance with the specification, then the Contractor shall take corrective
measures at no cost to the Owner to bring the backfill within the limits of the
specifications. The Contractor shall then be responsible for reimbursing the
Owner all costs associated with the performance of compaction test(s) in those
sections of the backfill that failed the initial compaction test(s). Minimum testing
shall be:

1. Every 300 lf/lift in paved areas for linear utilities in paved areas.

2. Every 500 lf/lift in non-paved areas.

3. Other areas, such as adjacent to structures, 1 test/40 cubic yards of
material.

B. In the event that the soil compaction is not in compliance with these
specifications, then the Contractor shall take corrective action, at no cost to the
Owner, to compact the soils within the limits of the specifications. The Engineer
shall be notified within 24 hours of any failing compaction tests. Any retesting of
failed areas shall be performed only after corrective measures have been made by
the Contractor to bring the compacted soils into compliance. All retesting shall be
performed with the Engineer present.

C. Codes and Standards: Perform excavation work in compliance with all applicable
requirements of governing authorities having jurisdiction

D. Testing and Inspection Services:

1. Owners Testing Laboratory: The Owner will engage a soil testing and
inspection service for quality control testing during earthwork operations.
Reference Section entitled “Testing Laboratory Services”

2. Contractors Testing Laboratory: The Contractor shall engage at his own
expense a testing laboratory acceptable to the Architect / Engineer to
perform quality control testing of all proposed soil materials. Reference
Section entitled “Testing Laboratory Services”

E. Depth of Bearing Strata: It is to be understood that site soil conditions are variable
across the site. Footing design dimensions and bearing elevations shown are
minimums. The design of the footings is based on the assumed strata bearing
capacity at the elevation shown on the drawings and as indicated in the General
Notes. If the indicated depth of footing excavation is reached without developing
the required strata bearing capacity the Owners Geotechnical Engineer on site will

31 23 00 - Page 13
immediately advise the Contractor on the required corrective action for each
individual footing or mats. For foundations required to bear on rock, the
contractor shall provide a 1.5 inch diameter probe hole for every 50 square feet of
exposed bearing surface. The probe hole should extend 1.5 times the least footing
dimension or 10 feet, whichever is less. Revisions will be paid for in accordance
with the Contract condition relative to changes in the Work.

F. Survey work, Grades, and Elevations

1. Grades and Elevations: Finished Grades indicated by spot elevation and
normal contour line elevations denote finished top surface elevations.
Report conflicts, errors and inconsistencies in grades and elevations to
Architect/Engineer for resolution. Do not proceed with the work in
questionable areas until conflicts are resolved by the Architect/Engineer.

2. Survey Work: Lay out work to the lines and levels required before
excavation. Record actual measurements of each footing and mat plan
centerline location, bottom elevation, deviation from specified tolerances,
and all other pertinent data as required.

END OF SECTION

31 32 00 - Page 1
SECTION 31 32 00 SITE STABILIZATION

PART 1: GENERAL

1.01 SCOPE OF WORK

A. This section covers the furnishing of all labor, equipment and materials necessary
for the establishment of vegetation of all areas of the site disturbed by construction
operations and all earth surfaces of embankments including rough and fine grading,
topsoil if required, fertilizer, lime, seeding and mulching. The Contractor shall
adapt his operations to variations in weather or soil conditions as necessary for the
successful establishment and growth of the grasses and legumes.

PART 2: PRODUCTS

2.01 MATERIALS

A. FERTILIZER

1. The quality of fertilizer and all operations in connection with the furnishing
of this material shall comply with the requirements of the North Carolina
Fertilizer Law and regulations adopted by the North Carolina Board of
Agriculture.

2. Fertilizer shall be 10-10-10 grade. Upon written approval of the Engineer
a different grade of fertilizer may be used, provided the rate of application
is adjusted to provide the same amounts of plant food.

3. During handling and storing, the fertilizer shall be cared for in such a
manner that it will be protected against hardening, caking, or loss of plant
food values. Any hardened or caked fertilizer shall be pulverized to its
original conditions before being used.

B. LIME

1. The quality of lime and all operations in connection with the furnishing of
this material shall comply with the requirements of the North Carolina Lime
Law and regulations adopted by the North Carolina Board of Agriculture.

2. During the handling and storing, the lime shall be cared for in such a
manner that it will be protected against hardening and caking. Any
hardened or caked lime shall be pulverized to its original conditions before
being used.

3. Lime shall be agriculture grade ground dolomitic limestone. It shall
contain not less than 85% of the calcium and magnesium carbonates and

31 32 00 - Page 2
shall be of such fineness that at least 90% will pass a No. 10 sieve and at
least 50% will pass a No. 100 sieve.

C. SEED

1. The quality of seed and all operations in connection with the furnishing of
this material shall comply with the requirements of the North Carolina Seed
Law and regulations adopted by the North Carolina Board of Agriculture.
Seed shall have been approved by the North Carolina Department of
Agriculture or any agency approved by the Engineer before being sown,
and no seed will be accepted with a date of test more than 9 months prior
to the date of sowing. Such testing however, will not relieve the
Contractor from responsibility for furnishing and sowing seed that meets
these specifications at the time of sowing. When a low percentage of
germination causes the quality of the seed to fall below the minimum pure
live seed specified, the Contractor may elect, subject to the approval of the
Engineer, to increase the rate of seeding sufficiently to obtain the minimum
pure live seed contents specified, provided that such an increase in seeding
does not cause the quantity of noxious weed seed per square yard to
exceed the quantity that would be allowable at the regular rate of seed.

2. During handling and storing, the seed shall be cared for in such a manner
that it will be protected from damage by heat, moisture, rodents or other
causes.

3. Seed shall be entirely free from bulblets or seed of Johnson Grass,
Nutgrass, Sandbur, Wild Onion, Wild Garlic, and Bermuda Grass. The
specifications for restricted noxious weed seed refers to the number per
pound, singly or collectively, of Blessed Thistle, Wild Radish, Canada
Thistle, Corncockle, Field Bindweed, Quackgrass, Dodders, Dock,
Horsenettle, Bracted Plantain, Buckhorn or Wild Mustard; but in no case
shall the number of Blessed Thistle or Wild Radish exceed 27 seeds of each
per pound. No tolerance on weed seed will be allowed.

D. MULCH

Straw Mulch shall be threshed straw of oats, rye or wheat free from matured seed
of obnoxious weeds or other species which would grow and be detrimental to the
specified grass.

E. TACKIFIER

Emulsified asphalt or organic tackifier such as Reclamare R2400 shall be sprayed
uniformly on mulch as it is ejected from blower or immediately thereafter.
Tackifier shall be applied evenly over area creating uniform appearance. Rates of

31 32 00 - Page 3
application will vary with conditions. Asphalt shall not be used in freezing
weather.

PART 3: EXECUTION

3.01 PREPARATION

A. PROTECTION OF EXISTING TREES AND VEGETATION

1. Protect existing trees and other vegetation indicated to remain in place
against cutting, breaking or skinning of roots, skinning and bruising of
bark, smothering of trees by stockpiling construction materials or
excavated materials within drip line, excess foot or vehicular traffic, or
parking of vehicles within drip line. Provide wood or metal stakes set on 8
to 10 foot centers and connected at a 4’-0” height by 2” minimum brightly
colored flagging tape to protect trees and vegetation to remain. Set
perimeter of protection at the drip line of trees to remain unless approved
otherwise by the Engineer.

2. Provide protection for roots over 1-1/2" diameter cut during construction
operations. Cleanly cut off end of damaged root and coat cut faces with an
emulsified asphalt, or other acceptable coating, formulated for use on
damaged plant tissues. Temporarily cover exposed roots with wet burlap
to prevent roots from drying out and cover with earth as soon as possible.

3. The Contractor shall not remove or damage trees and shrubs which are
outside the Clearing Limits established by the Owner or those within the
Clearing Limits designated to remain.

4. Repair trees scheduled to remain and damaged by construction operations
in a manner acceptable to the Engineer. Repair damaged trees promptly to
prevent progressive deterioration caused by damage.

5. Replace trees scheduled to remain and damaged beyond repair by
construction operations, as determined by the Engineer with trees of similar
size and species. Repair and replacement of trees scheduled to remain and
damaged by construction operations or lack of adequate protection during
construction operations shall be at the Contractor's expense.

B. GRADING

1. Rough grading shall be done as soon as all excavation required in the area
has been backfilled. The necessary earthwork shall be accomplished to

31 32 00 - Page 4
bring the existing ground to the desired finish elevations as shown on the
Contract Drawings or otherwise directed.

2. Fine grading shall consist of shaping the final contours for drainage and
removing all large rock, clumps of earth, roots and waste construction
material. It shall also include thorough loosening of the soil to a depth of
6” by plowing, discing, harrowing or other approved methods until the area
is acceptable as suitable for subsequent landscaping operations. The work
of establishing vegetation shall be performed on a section by section basis
immediately upon completion of earthwork or pipeline installation.

3. Upon failure or neglect on the part of the Contractor to coordinate his
grading with seeding and mulching operations and diligently pursue the
control of erosion and siltation, the Engineer may suspend the Contractor's
grading operations until such time as the work is coordinated in a manner
acceptable to the Engineer.

C. SEEDBED PREPARATION

1. The Contractor shall cut and satisfactorily dispose of weeds or other
unacceptable growth on the areas to be seeded. Uneven and rough areas
outside the graded section, such as crop rows, farm contours, ditches and
ditch spoil banks, fence line and hedgerow soil accumulations, and other
minor irregularities which cannot be obliterated by normal seedbed
preparation operations, shall be shaped and smoothed as directed by the
Engineer to provide for more effective seeding and for ease of subsequent
mowing operations.

2. The soil shall then be scarified or otherwise loosened to a depth of not less
than 6” except as otherwise provided below or otherwise directed by the
Engineer. Clods shall be broken and the top 2” to 3” of soil shall be
worked into an acceptable seedbed by the use of soil pulverizers, drags, or
harrows; or by other methods approved by the Engineer.

3. On 2:1 slopes a seedbed preparation will be required that is the same depth
as that required on flatter areas, although the degree of smoothness may be
reduced from that required on the flatter areas if so permitted by the
Engineer.

4. On cut slopes that are steeper than 2:1, both the depth of preparation and
the degree of smoothness of the seedbed may be reduced as permitted by
the Engineer, but in all cases the slope surface shall be scarified, grooved,
trenched, or punctured so as to provide pockets, ridges, or trenches in
which the seeding materials can lodge.

31 32 00 - Page 5
5. On cut slopes that are either 2:1 or steeper, the Engineer may permit the
preparation of a partial or complete seedbed during the grading of the
slope. If at the time of seeding and mulching operations such preparation is
still in condition acceptable to the Engineer, additional seedbed preparation
may be reduced or eliminated.

6. The preparation of seedbeds shall not be done when the soil is frozen,
extremely wet, or when the Engineer determines that it is in an otherwise
unfavorable working condition.

3.02 APPLICATION

A. Seed shall be applied by means of a hydro-seeder or other approved methods. The
rates of application of seed, fertilizer and limestone shall be as stated in Table I.

B. Equipment to be used for the application, covering or compaction of limestone,
fertilizer, and seed shall have been approved by the Engineer before being used on
the project. Approval may be revoked at any time if equipment is not maintained
in satisfactory working condition, or if the equipment operation damages the seed.

C. Limestone, fertilizer, and seed shall be applied within 24 hours after completion of
seedbed preparation unless otherwise permitted by the Engineer, but no limestone
or fertilizer shall be distributed and no seed shall be sown when the Engineer
determines that weather and soil conditions are unfavorable for such operations.

D. Limestone may be applied as a part of the seedbed preparation, provided it is
immediately worked into the soil. If not so applied, limestone and fertilizer shall
be distributed uniformly over the prepared seedbed at the specified rate of
application and then harrowed, raked, or otherwise thoroughly worked or mixed
into the seedbed. Seed shall be distributed uniformly over the seedbed at the
required rate of application, and immediately harrowed, dragged, raked, or
otherwise worked so as to cover the seed with a layer of soil. The depth of
covering shall be as directed by the Engineer. If two kinds of seed are to be used
which require different depths of covering, they shall be sown separately.

E. When a combination seed and fertilizer drill is used, fertilizer may be drilled in with
the seed after limestone has been applied and worked into the soil. If two kinds of
seed are being used which require different depths of covering, the seed requiring
the lighter covering may be sown broadcast or with a special attachment to the
drill, or drilled lightly following the initial drilling operation.

F. When a hydr aulic seeder is used for application of seed and fertilizer, the seed shall
not remain in water containing fertilizer for more than 30 minutes prior to
application unless otherwise permitted by the Engineer.

31 32 00 - Page 6
G. Immediately after seed has been properly covered the seedbed shall be compacted
in the manner and degree approved by the Engineer.

H. When adverse seeding conditions are encountered due to steepness of slope, height
of slope, or soil conditions, the Engineer may direct or permit that modifications be
made in the above requirements which pertain to incorporating limestone into the
seedbed; covering limestone, seed, and fertilizer; and compaction of the seedbed.

Such modifications may include but not be limited to the following:

1. The incorpo ration of limestone into the seedbed may be omitted on (a) cut
slopes steeper than 2:1; (b) on 2:1 cut slopes when a seedbed has been
prepared during the excavation of the cut and is still in an acceptable
condition; or (c) on areas of slopes where the surface of the area is too
rocky to permit the incorporation of the limestone.

2. The rates of application of limestone, fertilizer, and seed on slopes 2:1 or
steeper or on rocky surfaces may be reduced or eliminated.
3. Compaction after seeding may be reduced or eliminated on slopes 2:1 or
steeper, on rocky surfaces, or on other areas where soil conditions would
make compaction undesirable.

I. MULCHING

1. All seeded areas shall be mulched unless otherwise indicated in the special
provisions or directed by the Engineer.

2. It shall be spread uniformly at a rate of two tons per acre in a continuous
blanket over the areas specified.

3. Before mulch is applied on cut or fill slopes which are 3:1 or flatter, and
ditch slopes, the Contractor shall remove and dispose of all exposed stones
in excess of 3” in diameter and all roots or other debris which will prevent
proper contact of the mulch with the soil. Mulch shall be applied within 24
hours after the completion of seeding unless otherwise permitted by the
Engineer. Care shall be exercised to prevent displacement of soil or seed
or other damage to the seeded area during the mulching operation.

4. Mulch shall be uniformly spread by hand or by approved mechanical
spreaders or blowers which will provide an acceptable application. An
acceptable application will be that which will allow some sunlight to
penetrate and air to circulate but also partially shade the ground, reduce
erosion, and conserve soil moisture.

5. Mulch shall be held in place by applying a sufficient amount of asphalt or
other approved binding material to assure that the mulch is properly held in

31 32 00 - Page 7
place. The rate and method of application of binding material shall meet
the approval of the Engineer. Where the binding material is not applied
directly with the mulch it shall be applied immediately following the mulch
application.

6. The Contractor shall take sufficient precautions to prevent mulch from
entering drainage structures through displacement by wind, water, or other
causes and shall promptly remove any blockage to drainage facilities which
may occur.

3.03 MAINTENANCE

A. The Contractor shall keep all seeded areas in good condition, reseeding if and
when necessary, until an acceptable stand of grass is established over the entire
area seeded and shall maintain these areas in an approved condition until final
acceptance of the Contract. Any of these additional efforts will be at no additional
cost to the Owner.

B. Grassed areas will be accepted when a 95% cover by permanent grasses is
obtained and weeds are not dominant. On slopes, the Contractor shall provide
against washouts by an approved method. Any washouts which occur shall be
regraded and reseeded until a good sod is established.

C. Areas of damage or failure due to any cause shall be corrected by being repaired or
by being completely redone as may be directed by the Engineer. Areas of damage
or failure resulting either from negligence on the part of the Contractor in
performing subsequent construction operations or from not taking adequate
precautions to control erosion and siltation as required throughout the various
sections of the specifications, shall be repaired by the Contractor as directed by the
Engineer at no cost to the Owner.

TABLE I - APPLICATION RATES

A. LIME AND FERTILIZER

In the absence of a soil test, the following rates of application of limestone
and fertilizer shall be:

1. 4,000 pounds limestone per acre
2. 1000 pounds 10-10-10 (N-P205-K20) fertilizer per acre and the
remaining quantity applied when vegetation is three inches in height
or 45 days after seeding, whichever comes first.

B. MULCH

31 32 00 - Page 8
Mulch shall be applied at the following rates per acre:

1. 3,000-4,000 pounds straw mulch, or
2. 1,500-2,000 pounds wood cellulose fiber.
3. 35-40 cubic yards of shredded or hammermilled hardwood bark
4. 1,200-1,400 pounds of fiberglass roving

C. TEMPORARY SEED

The kinds of seed and the rates of application shall be as contained in this
table. All rates are in pounds per acre. See Notes 1 and 2.

1. Fall and Winter (Normally August 1 to June 1)

80 pounds of Ky-31 tall fescue and 15 pounds of rye grain

2. Summer (Normally May 1 to September 1)

100 pounds of Ky-31 tall fescue

NOTES

1. On cut and fill slopes having 2:1 or steeper slopes, add 40 pounds of sericea
lespedeza per acre to the planned seeding (hulled in spring and summer unhulled in
fall and winter) plus 15 pounds of sudangrass in summer seeding or 25 pounds of
rye cereal per acre in fall and winter seeding, if seeded September to February.

2. These seeding rates are prescribed for all sites with less than 50% ground cover
and for sites with more than 50% ground cover where complete seeding is
necessary to establish effective erosion control vegetative cover. On sites having
50% to 80% ground cover where complete seeding is not necessary to establish
vegetative cover, reduce the seeding rate at least one-half the normal rate.

END OF SECTION

32 01 00- Page 1
SECTION 32 01 00 RESTORATION OF SURFACES
PART 1: GENERAL

1.01 SCOPE OF WORK

A. This section covers the furnishing of all labor, equipment and materials necessary
for the proper restoration of existing surfaces disturbed or damaged as a result of
construction operations which are not specifically scheduled or specified for
topsoil and seeding, paving, landscaping or other surfacing.

B. In general, the types of replacement included in this section are seeding along
pipelines, concrete sidewalks, driveways, roadways, ditches, lawns and
landscaped areas, curb and gutter.

C. Any damage to existing structures shall be repaired using materials and
workmanship equal to those of original construction.

PART 2: NOT USED

PART 3: EXECUTION

3.01 RESTORATION OF SURFACES

A. SEEDING ALONG PIPELINES

1. All ground surfaces along pipelines, which are not classified as lawns,
landscaped areas, or pavement areas, but would be classified as open
fields, shall be raked smooth and seeded in accordance with the section
entitled Site Stabilization. Large rocks, clumps of earth and excessive
spoil material shall be removed from the area prior to seeding.

2. Shoulders of all roads shall be restored as specific for lawns and
landscaped areas.

3. Wooded areas, not classified as lawns shall be restored to as near their
original condition as possible.

B. CONCRETE SIDEWALKS

1. Concrete walks removed in connection with, or damaged as a result of,
construction operations under the Contract shall be replaced with new
construction. Such walks shall be constructed of Class B concrete on a
thoroughly compacted subgrade, shall have a vertical thickness of not less
than 4” or the thickness of the replaced walk where greater than 4”.

32 01 00- Page 2
2. Walks shall be float finished, edged with an edging tool, and grooved at
intermediate intervals not in excess of the width of the walk, uniform
throughout the length of the walk in any one direction.

C. DRIVEWAYS

1. Unpaved driveways shall be surfaced with not less than 3” of Crusher-run
gravel, topped with 3” of stone, gravel, or other materials equal to that
found in the original driveway. Driveways shall be left in a condition
better than their original condition.

2. Concrete drives shall be replaced with Class B concrete and shall have
equal thickness and reinforcing steel to that of the original drive. Prior to
placing the concrete, a 6” aggregate base course shall be placed in the
drive area.

3. Bituminous or Asphaltic concrete drives shall be restored with a 6”
aggregate base course and a 2” surface course, as defined in the section
entitled Asphalt Pavement Repairs.

D. ROADWAY REPLACEMENT

1. Bituminous or Asphaltic pavements shall include all areas paved with
blacktop; built-up pavements or oil and stone, tar and stone and similar
pavements constructed with a bituminous or asphalt and stone materials.

2. Immediately upon completion of installation of underground piping and
structures, the trench shall be backfilled and the roadway shall be repaired.
In the excavated area, the repair shall consist of an 8” aggregate base
course, 4” HB Binder Course and a 2” surface course as defined in the
section entitled Bituminous Pavement Repairs. If, in the opinion of the
Engineer, the area adjacent to the excavation has not been damaged to the
extent that the base course need to be replaced, restoration may consist of
a surface course of sufficient thickness to meet the existing pavement.

3. Portland cement concrete roadways shall be replaced with Class B
Concrete and shall have equal thickness and reinforcing steel as the
original roadway. An aggregate of 6” shall be placed prior to the placing
of concrete.

4. Differential settlement of restored pavements shall be corrected
immediately.

5. The Contractor shall repair and restripe any traffic markings that were
damaged, removed or covered during construction. All work shall be done
in accordance with NCDOT requirements and specifications.

32 01 00- Page 3

6. All existing manhole and valve covers shall be raised as required by the
Contractor prior to paving. The cost of this work shall be included in the
unit bid prices for other related work and no additional payment shall be
made.

E. DITCHES

Ditches shall be regraded to the original grade and line. The surface of all ditches
shall be returned to the same condition as found before commencing work.

F. LAWNS AND LANDSCAPED AREAS

1. Lawns and landscaped areas shall be regraded and replaced as follows:

a. Grading shall be to the grade existing before construction of the
work under this Contract.

b. Lawn replacement shall be in accordance with the section entitled
Landscaping. Topsoiled areas shall be replaced with topsoil of
equal quality and quantity.

2. Landscaped areas shall be replaced with shrubs, hedges, ornamental trees,
flowers, or other items to original condition.

G. CURB AND GUTTER

Curb and gutter removed with, or damaged as a result of construction operations,
injured or disturbed by the Contractor, his agents, or employees, shall be replaced
with new construction to a condition similar and equal to that existing before
damage was incurred. Class B Concrete shall be used in curb and gutter
replacement.

H. DAMAGE TO STRUCTURES

Any damage to existing structures shall be repaired of materials and workmanship
equal to those of original construction. Extensively damaged structures, where the
structural stability has been affected or which cannot be repaired in a suitable
fashion shall be replaced entirely. Replacement shall not commence until
approval of the plan of replacement has been given by the Engineer. Replacement
costs shall be responsibility of the Contractor.

END OF SECTION

33 41 00- Page 1
SECTION 33 41 00 DRAINAGE MATERIALS

PART 1: GENERAL

1.01 SCOPE OF WORK

This section covers providing and installing the storm drainage and underdrainage
collection systems, including pipe culverts, French drains and appurtenant structures.
Storm drainage systems shall be constructed as shown on the Contract drawings and as
specified herein.

1.02 DELIVERY, STORAGE AND HANDLING

A. UNLOADING AND HANDLING

All pipe and storm drainage material shall be unloaded and handled with
reasonable care. Pipe shall not be rolled or dragged over gravel or rock during
handling. When any joint or section of pipe is damaged during unloading or
handling, the undamaged portions of the joint or section may be used where
partial lengths are needed, or if damaged sufficiently, the Engineer will reject the
joint or section as being unfit for installation and the Contractor shall remove such
rejected pipe from the project.

1.03 SUBMITTALS

A. The Contractor shall submit for approval of the Engineer shop drawings, which
describe in detail the materials to be utilized before ordering. Six (6) copies of
shop drawings shall be submitted. Prior to submittal all shop drawings are to be
reviewed by the Contractor, and shall be stamped and signed as to compliance
with the referenced specification. Any variance to the specification shall be noted.

The following shop drawings shall be submitted:

1. Drainage Pipe
2. Underdrain Pipe
3. Underdrain or Pipe Bedding
4. Drainage Structure Castings
5. Precast Drainage Structures
6. Frame, grate and hoods

1.04 WARRANTY

All pipe and materials shall be warranted for a period of one (1) year following
installation and acceptance by the Owner.

33 41 00- Page 2

PART 2: PRODUCTS

2.01 REINFORCED CONCRETE PIPE

A. Reinforced concrete pipe shall conform to ASTM C-76, latest revision. Pipe shall
be Table III or Table IV with Wall B, unless otherwise noted. All pipe shall have
interior surfaces free from roughness, projection, indentations, offset or
irregularities of any kind.

B. Joints shall be sealed with a plastic cement putty meeting Federal Specification
SS-S-00210, such as Ram-Nek or a butyl rubber sealant. Joint material for
reinforced concrete pipe shall comply with ASTM C 443 and shall be either “O”
ring type joints utilizing a rubber “O” ring, or bell and spigot type utilizing a
mastic joint material equal to Ram-Neck.

2.02 CORRUGATED METAL PIPE

A. All corrugated metal pipe shall be aluminized type 2 corrugated steel conforming
to AASHTO M-274 latest revision unless otherwise called out on the design
drawings. If called out as bituminous coated, pipe will conform to AASHTO
M190, latest revision. Pipe shall be fully bituminous coated with an asphalt paved
invert. Bituminous coating, shall consist of asphalt cement having a minimum
thickness of 0.04” measured at the crest of the corrugations. Paved inverts in
corrugated metal pipe, shall consist of asphalt cement applied on the inside of the
pipe for one quarter of its circumference (bottom of pipe when installed). The
pavement shall have a minimum thickness of 0.50” tapering to 0.1” at the sides.
If pipe is called out as plain, non-coated, it shall conform to AASHTO M-36 latest
revision.

B. Corrugated metal pipe shall have 2-2/3" x 1/2" corrugations and shall be of the
following minimum gauges:

18" and smaller pipes .....................................16 gauge
21" - 30" pipes ................................................14 gauge
36" - 48" pipes ................................................12 gauge
56" and larger pipes .......................................10 gauge

Corrugated Metal Pipe shall have rerolled ends to accommodate corrugated
coupling bands. Coupling bands shall conform to NCDOT 932-3(A) installed
with a minimum of two corrugations per pipe. Dimple bands shall not be used.

2.03 HIGH DENSITY POLYETHYLENE PIPE

All HDPE shall be water tight type "S" Hancor Blue Seal or approved equivalent and
installed according to manufacturers specifications. Pipe manufactured for this
specification shall comply with the requirements for test methods, dimensions and
markings found in AASHTO Designations M252, M294, and MP7. Pipe and fittings

33 41 00- Page 3
shall be made from virgin PE compounds which conform with the applicable current
edition of the AASHTO Material Specifications for cell classification as defined and
described in ASTM F667. Pipe shall have smooth wall interior unless otherwise
specified.

The fittings shall not reduce or impair the overall integrity of function of the pipeline.
Fittings may be either molded or fabricated. Common corrugated fittings include in-line
joint fittings, such as couplers and reducers, and branch or complimentary assembly
fittings such as tees, wyes and end caps. These fittings may be installed by various
methods such as snap-on, bell and spigot, bell – bell and wrap around couplers. Couplers
shall provide sufficient longitudinal strength to preserve pipe alignment and prevent
separation of the joints. Only fittings supplied or recommended by the manufacturer shall
be used. Where designated on the plans or project specifications, an elastomeric gasket
meeting the requirements of ASTM F477 shall be supplied.

Installation of the pipe specified above shall be in accordance with either AASHTO 30 or
ASTM D2321 and as recommended by the manufacturer, with the exception that
minimum cover in traffic load areas shall be 12” for pipe diameters between 4” and 48”
and 18” for pipe diameters 60” and greater.

2.04 CASTINGS

Castings shall be sound and free from warp, holes and other defects that impair their
strength or appearance. Exposed surfaces shall have a smooth finish and sharp, well
defined lines and arises. Machined joints, where required, shall be milled to a close fit.
Provide all necessary lugs and brackets so that work can be assembled in a neat,
substantial manner.

2.05 AGGREGATE FOR UNDERDRAINS

Aggregate for underdrains shall be washed stone, standard size number 67 per North
Carolina Department of Transportation specifications, Section 905.

PART 3: EXECUTION

3.01 PREPARATION OF PIPE FOUNDATION

A. LINES AND GRADES

The pipe foundation shall be prepared to be uniformly firm and shall be true to the
lines and grades as shown on the plans. Any deviation or field adjustments will
require the approval of the Engineer. When an Inspector is present on the site and
is so requested by the Contractor, he shall check the position of grades and lines;
but the Contractor shall be responsible for the finished drain line being laid to
exact and proper line and grade.

33 41 00- Page 4
B. PIPE FOUNDATION

1. Whenever the nature of the ground will permit, the excavation at the
bottom of the trench shall have the shape and dimensions of the outside
lower third of the circumference of the pipe, care being taken to secure a
firm bearing support uniformly throughout the length of the pipe. A space
shall be excavated under and around each bell to sufficient depth to relieve
it of any load and to allow ample space for filling and finishing the joint.
The pipe, when thus bedded firmly, shall be on the exact grade. In case
the bed shaped in the bottom of the trench is too low, the pipe shall be
completely removed from position, and earth of suitable quality shall be
placed and thoroughly tamped to prepare a new foundation for the pipe.

2. In no case shall the pipe be brought to grade by blocking up under the
barrel or bell of same, but a new and uniform support must be provided for
the full length of the pipe. Where rock or boulders are encountered in the
bottom of the trench, the same shall be removed to such depth that no part
of the pipe, when laid to grade, will be closer to the rock or boulders than
6”. A suitably tamped and shaped foundation of suitable earth shall be
placed to bring the bottom of the trench to proper subgrade over rock or
boulders.

3. Where the foundation material is found to be of poor supporting value, the
Engineer may make minor adjustment in the location of the pipe to
provide a more suitable foundation. Where this is not practical, the
foundation shall be conditioned by removing the existing foundation
material by undercutting to the depth as directed by the Engineer, within
the limits established on the plans, and backfilling with either a suitable
local material secured from unclassified excavation or borrow excavation
at the nearest accessible location along the project, or foundation
conditioning material consisting of crushed stone or gravel or a
combination of sand and crushed stone or gravel approved by the Engineer
as being suitable for the purpose intended. The selection of the type of
backfill material to be used for foundation conditioning will be made by
the Engineer.

C. WATER IN TRENCHES

The Contractor shall remove all water which may be encountered or which may
accumulate in the trenches by pumping or bailing; and no pipes shall be laid until
the water has been removed from the trench. The Contractor will not be permitted
to drain water through the storm drain within a period of twenty-four (24) hours
after the pipe has been laid, and the open end of the pipe in the trench shall be
kept closed with a tight fitting plug to prevent washing of dirt or debris into the
line. Water so removed from the trench must be disposed of in such manner as
not to cause injury to work completed or in progress.

33 41 00- Page 5
D. SPECIAL FOUNDATIONS

Whenever the bottom of the trench shall be of such nature as to provide
unsatisfactory foundation for the pipe, a Geotechnical Materials Testing Engineer
will be required to examine the materials and make recommendations for
necessary repairs to subgrade.

3.02 LAYING PIPE

A. GENERAL

All piping is to be installed in strict accordance with the manufacturer's
recommendations. Installation manuals from various material suppliers shall be
furnished to the Engineer for his review and approval prior to installation of any
material. The Engineer may augment any manufacturer's installation
recommendations, if in his opinion it will best serve the interest of the Owner.

B. LAYING PIPE

1. No pipe shall be laid except in the presence of the Engineer or his
inspector, or without special permission from the Engineer. Proper tools,
implements, and facilities satisfactory to the Engineer shall be provided
and used for the safe and convenient prosecution of pipe laying. All pipe,
fittings, valves, and other materials used in the laying of pipe will be
lowered into the trench piece by piece by means of suitable equipment in
such a manner to prevent damage to the pipe materials, to the protective
coating on the pipe materials, and to provide a safe working condition to
all personnel in the trench. Each piece of pipe being lowered into the
trench shall be carefully given a final inspection to see that it is clean,
sound and free of defects. It shall be laid on the prepared foundation to
produce a straight line on a uniform grade, each pipe being laid as to form
a close abutted joint with a preceding pipe, so as to form a smooth and
straight inside flow line. Each pipe will be tested for its exact position
after it is in its final position. The pipes shall be fitted together in order to
insure sufficient space for joint gaskets, and other jointing material. Pipe
shall be removed at any time if broken, injured or displaced in the process
of laying same, or of backfilling the trench.

2. When cutting short lengths of pipe, a pipe cutter as approved by the
Engineer will be used, and care will be taken to make the cut at right
angles to the center line of the pipe, or on the exact skew as shown on the
plans. In the case of push-on pipe, the cut ends shall be tapered with a
portable grinder, or course file to match the manufactured taper.

3. When coupling bands for annular or helical corrugated metal pipe are
used, the pipe sections shall be joined and fully bolted so that the
circumferencial and longitudinal strength will be sufficient to preserve the

33 41 00- Page 6
alignment, prevent separation of the sections, and to prevent infiltration of
backfill material.

3.03 BACKFILLING

A. The backfill around the pipe shall be placed in layers not to exceed 6” loose and
compacted to 95% Standard Proctor test for all areas and 98% for top 24” below
subgrade directly beneath subgrade in paved areas. From the bottom of the trench
to the centerline of the pipe the backfill material shall be compacted by approved
hand tamps. From the centerline of the pipe to the top of the trench other
mechanical tamps as approved by the Engineer may be used. The Engineer shall
approve all backfill material. Select backfill material shall be used when called
for on the plans.

B. Care shall be taken during backfill and compaction operations to maintain
alignment and prevent damage to the joints. The backfill shall be kept free from
stones, frozen lumps, roots and limbs, chunks of highly plastic clay, or other
objectionable materials.

C. All pipe backfill areas shall be graded and maintained in such a condition that
erosion or saturation will not damage the pipe bed or backfill.

D. Heavy equipment shall not be operated over any pipe until it has been properly
backfilled and has a minimum cover as required by the plans. Where any part of
the required cover is above the proposed finish grade, the Contractor shall place,
maintain, and finally remove such material at no cost to the Owner. Pipe, which
becomes misaligned, shows excessive settlement, or has been otherwise damaged
by the Contractor's operations shall be removed and replaced by the Contractor at
no cost to the Owner.

3.04 TESTING

A. Upon completion, installed lines shall show a full circle of light when "Lamped"
between catch basins. This test shall be performed by the Engineer.

B. Other tests may be required by the Engineer, such as exfiltration and compaction
of backfill over pipes. In this event the results shall meet the minimum standards
that the manufacturer states are obtainable.

C. One compaction test performed directly above storm pipe placed in areas under
pavement shall be conducted every 300 LF of storm pipe placed and shall meet
testing requirements noted in section 2220 of the specifications.

END OF SECTION

33 49 00- Page 1
SECTION 33 49 00 MINOR DRAINAGE STRUCTURES

PART 1: GENERAL

1.01 SCOPE OF WORK

The work covered by this section consists of the installation of drainage catch basins,
together with all necessary metal grates, covers, frames, and other hardware, in
accordance with the requirements shown on the plans and the provisions of these
specifications.

1.02 QUALITY ASSURANCE

All plastic surface drainage structures and other fabricated materials shall be
manufactured by suppliers with at least five (5) years of experience in the manufacture of
similar materials.

1.03 SUBMITTALS

SHOP DRAWINGS

The Contractor shall submit at least six (6) copies of shop drawings to the Engineer,
including dimensional drawings, materials of construction; catalogue cut sheets, and
other pertinent information.

1.04 DELIVERY, STORAGE AND HANDLING

All materials shall be delivered, stored and handled in strict accordance with the
manufacturer’s recommendations, and in a manner, which preserves the structural
integrity of the materials.

1.05 WARRANTY

All materials and equipment shall be warranted to be free from defects in workmanship
and materials for one (1) year after final acceptance.

PART 2: PRODUCTS

2.01 MATERIALS

A. Storm Inlet Structures

1. Concrete and masonry shall meet the requirements of the appropriate
section of NCDOT Standard Specifications for Roads and Structures
(latest Edition). All concrete shall be Class A or B 4000 psi minimum
unless otherwise indicated on the plans, meeting the requirements of
Section 700 and constructed in accordance with Section 825. Masonry

33 49 00- Page 2
shall meet the requirements of Section 700 and construction in accordance
with Section 830 and/or 834.

2. Where necessary to fit field conditions, the dimensions of the structure and
footings shall be varied as directed by the Engineer.

3. Plastic (PVC) surface drainage structures shall conform to the dimensions
and depth referenced on the Construction drawings. The required ductile
iron frame shall be provided from the manufacturer as an integral part of
the surface drainage structure. All pipe junctions internal to the box shall
be made by means of thermal molding and shall be water tight.
Connections to stormwater conveyance pipe shall be water tight and shall
conform to ASTM D3212 for joints for drain and sewer plastic pipe using
flexible elastomeric seals. The flexible seals shall conform to ASTM
F477. The pipe bell spigot shall be joined to the main structure of the
catch basin. The Ductile Iron frame and grate shall be manufactured in a
way that allows them to rest securely on the rim of the Plastic catch basin
and shall conform to ASTM A536 grade 70-50-05 for Ductile Iron.

B. FITTINGS AND CONNECTIONS

1. Where fittings enter the masonry, they shall be placed as the work is built
up, thoroughly bonded, and accurately spaced and aligned.

2. Pipe connections shall be made using manufacturer provided bell and
spigot type joints. Any sump that exists in the structure shall be filled
with an approved material to ensure that there is no standing water in the
surface drainage structure.

3. Metal frames for grates and covers shall be set elastomeric rings on the
plastic surface drainage structure. The surrounding concrete shall be set at
line and grade per the construction plans to allow proper drainage into the
structure while allowing the top of the structure to be removed for
maintenance if necessary.

C. BACKFILL

After the structure has been completed, and all forms, falsework, sheeting, and
bracing have been removed, the excavation shall be backfilled with approved
material compacted to a density of 95% standard proctor for areas unpaved and
and 98% for the last 24” under subgrade in paved areas. Backfilling shall not be
done until the concrete or brick masonry has cured for at least seven (7) curing
days, unless otherwise permitted by the Engineer. Please refer to the project
grading specifications for allowable soil types and compaction procedures.

D. PIPE COLLARS AND PIPE PLUGS

33 49 00- Page 3
Pipe collars and pipe plugs shall be constructed in accordance with the details
shown on the plans or as directed by the Engineer.

PART 3: EXECUTION

3.01 INSTALLATION

A. Drainage structures shall be built to the lines, grades and dimensions as shown on
the plans. The Contractor shall adjust the final grades in the field as necessary to
provide positive drainage to the structures or to match final pavement or grade
elevation.

B. Excavations for drainage structures shall be made with care so as not to disturb
the surrounding areas more than necessary. All excavations shall be maintained
water free until completion of the drainage structure, including backfilling. The
Contractor shall provide adequate pumping capacity as required.

C. Place 6” of #57 washed stone under structures. Where the foundation material is
found to be of poor supporting value, the existing foundation material shall be
removed by undercutting to the depth directed by the Engineer and backfilled
with suitable material secured from locations along the project or from a borrow
pit. The backfill placed in the undercut area shall be compacted to a degree
satisfactory to the Engineer.

3.02 QUALITY CONTROL AND FIELD TESTING

The Contractor shall demonstrate to the Owner and Engineer that all drainage structures
operate as intended and designed. All drainage structures shall be field tested by the
Contractor in the presence of the Engineer prior to final acceptance. All drainage
structures will be cleaned of debris and sediment before being turned over to the Owner.

END OF SECTION
INV.: 1221.5'
INV.: 1221.0'
INV.: 1227.5'
INV.: 1217.6'
INV.: 1217.9'
INV. C/L 56" CMP
STAND PIPE: 1218.7'
TOP: 1241.4'
TOP 12" HDPE: 1233.0'
TOP 12" HDPE: 1249.2'
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CDC INSPECTIONS HOTLINE:
828-771-4755 OR [e-mail]
N
xxxXXX PERMIT NO.
SHEET
DRAWN BY:
CDC PROJECT NO.:
PROJECT DATA
DEVELOPMENT DATA
D5.01
C COPYRIGHT
FLARED END SECTION WITH
RIP-RAP APROND5.02
DAVEY .. Resource Group
AGENT AUTHORIZATION FORM
PROJECT NAME:
PARCEL ID:
HEDRICK SOUTH MCDOWELL QUARRY- OVERBURDEN EXPANSION
172000017115
PROPERTY ADDRESS: 1182 Old Glenwood Rd, Marion, NC 28 752
PROPERTY ACRES: -126 ACRES
PROPERTY OWNER(S) OR POINT OF CONTACT: JASON CONNER, VP (B.V. HEDRICK GRAVEL AND
SAND CO)
PROPERTY OWNER(S) OR POINT OF CONTACT (SI GNATURE): /L £,_._>? , /
PROPERTY OWNER(S) OR POINT OF CONTACT ADDRESS, PH�E#, & EMAIL:
ADDRESS: P.O. BOX 425, SWANNANOA, NC 28778 PHONE: [phone]
EMAIL: [e-mail]
AUTHORIZED AGENT POC: KEVIN THOMAS, 410-259-474 5, [e-mail]
THE ABOVE SIGNED, REGISTERED PR OPERTY OWNER(S) OF THE ABOVE NOTED PR OPERTY, DO
HEREBY AUTHORIZE KEVIN THOMAS. OF DAVEY RESOURCE GROUP, INC. (DRG) TO ACT ON MY
BEHALF AND TAKE ALL ACTIONS NECESSARY FOR THE PROCESSING, ISSUANCE AND
ACCEPTANCE OF THE PERMIT OR CERTIFICATION AND ANY AND ALL STANDARD AND SPECIAL
CONDITIONS ATTACHED. THIS AGENT AUTHORIZATION FORM ALLOWS FOR THE U.S. ARMY
CORPS OF ENGINEERS (USACE) AND NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL
QUALITY (NC DEQ) TO HAVE THE LEGAL AUTHORITY TO REVIEW THE JURISDICTIONAL
DETERMINATION, PRE-CONSTRUCTION NOTICE OR INDIVIDUAL PERMIT, ISSUE THE
DETERMINATION OR PERMIT, AND PERFORM SITE VISITS.
NOTICE: THIS AUTHORIZATION, FOR LIABILITY AND PR OFESSIONAL COURTESY REASONS, IS VALID
ONLY FOR GOVERNMENT OFFICIALS TO ENTER THE PR OPERTY WHEN ACCOMPANIED BY TBG
STAFF. PLEASE CONTACT THE ABOVE TBG AGENT TO ARRANGE A SITE MEETING PRIOR TO
VISITING THE SITE.

WLS Catawba 01 Umbrella Mitigation Bank
Statement of Availability October 9, 2023

U.S. Army Corps of Engineers
Mitchell Anderson/Amanda Jones
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801

Re Project: SMQ PROJECT

This document confirms that B.V. Hedrick Industries, Inc. (Applicant) for the SMQ Project (Project)
has expressed an interest to utilize 383.00 Warm Stream Mitigation Credits from the Water & Land
Solutions, LLC sponsored WLS Catawba 01 Umbrella Mitigation Bank, specifically 383.00 warm stream
credits from the Starker Site, in the Catawba HUC 03050101. As the official Bank Sponsor, Water &
Land Solutions, LLC, attests to the fact that 383.00 stream mitigation credits are available for reservation
at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239-322-7276.
Best Regards,

Riane Fisher
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615
October 05, 2023
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project code: 2024-0002031
Project Name: Hedrick SMQ-P.ENV0000161

Federal Nexus: no
Federal Action Agency (if applicable):

Subject:Technical assistance for 'Hedrick SMQ-P.ENV0000161'

Dear Kevin Thomas:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on October 05, 2023, for
'Hedrick SMQ-P.ENV0000161' (here forward, Project). This project has been assigned Project
Code 2024-0002031 and all future correspondence should clearly reference this number. Please
carefully review this letter. Your Endangered Species Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species’ determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long-Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.
10/05/2023 IPaC Record Locator: 922-132928157   2

▪
▪
▪
▪
▪
▪
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA-protected species and/or critical habitat that also may occur in your Action area:
Bog Turtle Glyptemys muhlenbergii Similarity of Appearance (Threatened)
Gray Bat Myotis grisescens Endangered
Monarch Butterfly Danaus plexippus Candidate
Small Whorled Pogonia Isotria medeoloides Threatened
Tricolored Bat Perimyotis subflavus Proposed Endangered
White Irisette Sisyrinchium dichotomum Endangered

You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species and/or critical habitat listed above. Note that if a new species is listed that
may be affected by the identified action before it is complete, additional review is recommended
to ensure compliance with the Endangered Species Act.

Next Steps
Coordination with the Service is complete. This letter serves as technical assistance. All
conservation measures should be implemented as proposed. Thank you for considering federally
listed species during your project planning.
We are uncertain where the northern long-eared bat occurs on the landscape outside of known
locations. Because of the steep declines in the species and vast amount of available and suitable
forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their
presence. Based on the best available information, most suitable habitat is now expected to be
unoccupied. During the interim period, while we are working on potential methods to address
this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat
where presence has not been documented.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Asheville Ecological Services Field Office and reference Project Code 2024-0002031 associated
with this Project.
10/05/2023 IPaC Record Locator: 922-132928157   3

Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Hedrick SMQ-P.ENV0000161
2. Description
The following description was provided for the project 'Hedrick SMQ-P.ENV0000161':
Overburden Storage
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.6370725,-81.96030855979672,14z
10/05/2023 IPaC Record Locator: 922-132928157   4

1.
2.
3.
4.
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of “may
affect, but not likely to adversely affect” for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?

Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be present in the action area?

Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white-
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Service.
No
Does any component of the action involve construction or operation of wind turbines?

Note: For federal actions, answer ‘yes’ if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
No
10/05/2023 IPaC Record Locator: 922-132928157   5

PROJECT QUESTIONNAIRE
10/05/2023 IPaC Record Locator: 922-132928157   6

IPAC USER CONTACT INFORMATION
Agency:Private Entity
Name:Kevin Thomas
Address:222 South Caldwell St. Unit 1504
City:Charlotte
State:NC
Zip:28202
Email [e-mail]
Phone:[phone]
October 05, 2023
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0002031
Project Name: Hedrick SMQ-P.ENV0000161

Subject:List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).

Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.

The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.

A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
10/05/2023   2

▪
▪
▪
▪
▪
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur “but for” the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.

If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at-risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.

Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.

We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.

Attachment(s):
Official Species List
USFWS National Wildlife Refuges and Fish Hatcheries
Bald & Golden Eagles
Migratory Birds
Wetlands
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
10/05/2023   3

any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]
10/05/2023   4

PROJECT SUMMARY
Project Code:2024-0002031
Project Name:Hedrick SMQ-P.ENV0000161
Project Type:Commercial Development
Project Description:Overburden Storage
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.6370725,-81.96030855979672,14z
Counties:McDowell County, North Carolina
10/05/2023   5

1.
ENDANGERED SPECIES ACT SPECIES
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Endangered
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Endangered
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515
Proposed
Endangered
REPTILES
NAME STATUS
Bog Turtle Glyptemys muhlenbergii
Population: U.S.A. (GA, NC, SC, TN, VA)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6962
Similarity of
Appearance
(Threatened)
1
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1.
2.
3.
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Candidate
FLOWERING PLANTS
NAME STATUS
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Threatened
White Irisette Sisyrinchium dichotomum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8097
Endangered
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act and the
Migratory Bird Treaty Act .
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats , should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Bald and Golden Eagle Protection Act of 1940.
The Migratory Birds Treaty Act of 1918.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
1
2
3
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1.
2.
3.
THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
The Migratory Birds Treaty Act of 1918.
The Bald and Golden Eagle Protection Act of 1940.
50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Breeds Mar 15 to Aug
25
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Breeds May 1 to Jul 31
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Breeds May 10 to Aug
31
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence ()
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season ()
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2
3
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▪
▪
▪
no data survey effort breeding season probability of presence
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort ()
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data ()
A week is marked as having no data if there were no survey events for that week.
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Chimney Swift
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Wood Thrush
BCC Rangewide
(CON)
Additional information can be found using the following links:
Eagle Management https://www.fws.gov/program/eagle-management
Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
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RIVERINE
R4SBC
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IPAC USER CONTACT INFORMATION
Agency:Private Entity
Name:Kevin Thomas
Address:222 South Caldwell St. Unit 1504
City:Charlotte
State:NC
Zip:28202
Email [e-mail]
Phone:[phone]

South McDowell Quarry
Stormwater Pollution Prevention Plan
Permit NCG020467

McDowell County, NC

Prepared by
Hedrick Industries
PO Box 425
Swannanoa, NC 28778
www.hedrickind.com

Hedrick Industries
Version: March 2021

Stormwater Pollution Prevention Plan

Hedrick Industries

South McDowell Quarry

Prepared by:
Hedrick Industries
PO Box 425
Swannanoa, NC 28778

Permit Number
NCG020467

Version
March 2021

Hedrick Industries
Version: March 2021

Management Certification of SWPPP

I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.

______________________________________ ___________________________
Mine Manager Date

Hedrick Industries
Version: March 2021

Table of Contents

Page

Section 1 | Introduction 1
1.1 Organization 1
1.2 Team and Responsibilities 2
Section 2 | Facility Information 3
2.1 Facility Description Overview 3
2.2 Site Drainage 4
2.3 Significant Materials and Activities 4
2.4 Significant Spills and Leaks 5
2.5 Non-storm Water Discharges 5
Section 3 | Stormwater Management 6
3.1 Feasibility 6
3.2 Secondary Containment and Procedures 6
3.3 Summary of BMP 7
Section 4 | SPCC 8
4.1 Potential Pollution Sources 8
4.2 Spill Containment Equipment 8
4.3 Initial Action and Spill Procedures 8
Section 5 | Plan Implementation 11
5.1 Preventative Maintenance 11
5.2 Good Housekeeping Practices 11
5.3 Employee Training 12
5.4 Facility Inspections 13
Tab A
Aerial Overview
USGS Topo Map
Site Map – located in back of Manual
Tab B
Annual non-storm water discharge certification
Tab C
Daily and Monthly Precipitation records
Tab D
List of Significant Spills and Leaks
Spill Documentation Form
Tab E
Monthly Tank Inspection Form
Tab F
Weekly Basin Inspection Form
Tab G
Semi-Annual Comprehensive Site Inspection

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Version: March 2021

Tab H
Activity Areas and Outfall Pollutant Potential
Bulk Storage Vessels
Summary of implemented BMP’s
Tab I
Semi-Annual Qualitative Report
Tab J
Pace Reports / DMR’s to DWQ
Tab K
NCG020260
Tab L
Training outline and records
Tab M
Mining Permit Cover

Hedrick Industries
Version: March 2021

Section 1 | Introduction

Section 1.1 Introduction and Organization

This Stormwater Pollution Prevention Plan (SPPP) for South McDowell Quarry in Marion,
North Carolina has been prepared in accordance with the Environmental Protection Agency
(EPA) Publication, “Developing Pollution Prevention Plans and Best Management Practices
Summary Guidance” and North Carolina Department of Environment and Natural Resources
(NCDENR): Division of Water Quality’s General Permit No. NCG020000 and National
Pollutant Discharge Elimination System (NPDES).

EPA Stormwater Regulation 40CFR part 122.26, promulgated November 16, 1990 requires a
discharge permit for stormwater runoff from manufacturing and storage facilities associated with
designated industrial activities. North Carolina has the authority to administer the NPDES
program in this state through delegation from EPA. As a delegated state, NCDENR issues
permits in accordance with the provisions of North Carolina General Statute 143-215.1, other
lawful standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission (EMC), and with the provisions of the Federal Clean Water Act
(CWA) (PL 92-500), as amended, 33 U.S.C. 1251 et seq.

In compliance with the provisions, NCDENR issued Certificate of Coverage No. NCG020000 to
B.V. Hedrick Gravel & Sand Company. The permittee is authorized to discharge stormwater
from South McDowell Quarry at 1182 Old Glenwood Road Marion, McDowell County, North
Carolina. General Permit No. NCG020000 was issued on October 1, 2015; and expires on
October 1, 2020. A copy of this permit is included in the final section of this Manual.

B.V. Hedrick Gravel & Sand Company owns and operates South McDowell Quarry. The
primary function of this plant is the manufacturing of construction aggregate. The operation
places this facility under Standard Industrial Classification (SIC) code 1423, for facilities in the
category description for crushed and broken granite. This SPPP outlines plant-specific operating
methods to prevent the pollution of stormwater runoff from this site. In addition, the purpose of
this SPPP is to create awareness and sensitivity to stormwater pollution prevention concerns,
ensure that BMP’s are employed, and conform to and put into practice applicable stormwater
regulations.

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Section 1.2 Team and Responsibilities

Pollution Prevention Team
Team Leader: Adam Wright Phone Number: 828-738-0332
Title: Plant Manager
Responsibility: Coordinate all phases of SPPP development and implementation; coordinate
employee training; maintain SPPP records and reports; and revise the Plan as required.

Team Member: Clyde Taylor Phone Number: 828-738-0332
Title: Lead Man
Responsibility: Pollution Prevention and clean-up, if required.

Team Member: Tivis Tipton Phone Number: 828-738-0332
Title: Plant / Electrician
Responsibility: Pollution Prevention and clean-up, if required.

Team Member: Roy Hensley Phone Number: 828-738-0332
Title: Equipment Operators
Responsibility: Pollution Prevention and clean-up, if required.

Resources available to the Team include:
Resource: Jason Conner Phone Number: 828-686-3844
Title: Environmental Director
Responsibility: Management guidance and assistance, as required

Resource: Hank Gaston Phone Number: 704-853-9664
Title: Corporate Engineer

The Pollution Prevention Team is responsible for the following:

• Implementing all general permit and pollution prevention plan requirements.
• Defining and agreeing upon an appropriate set of goals for the facility stormwater
management program.
• Being aware of any changes that are made in plant operations to determine
whether any changes must be made to the SPPP.
• Maintaining a clear line of communication with all plant personnel to ensure a
cooperative partnership.
• Assist quarry management in complying with the North Carolina Division of Water
Quality’s General Permit No. NCG020000 by implementing, maintaining, and revising
this SPPP.

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Version: March 2021

Section 2 | Facility Information

2.1 Facility Description Overview

South McDowell Quarry is in Marion, North Carolina on approximately 136 acres in an
industrial area of McDowell County. The quarry consists of three operating plants. The primary
plant is the first process in the crushing procedure. Material is hauled from the pit area by 35-ton
trucks to the primary plant where the trucks dump their material into a hopper where the material
is crushed by the jaw and then conveyed to a surge pile. The secondary plant is where the
material is washed and re-crushed into various sizes. Dust or particulates generated during the
hauling, stockpiling, crushing, screening, and conveying processes is retained in the production
areas by water suppression control.

Crushed stone is stockpiled by stackers or by equipment in conical piles for future sale. This
area is exposed to stormwater. However, runoff is collected in settling ponds, where sediment
can settle out and the water is sent to the process water reservoir.

The facility typically operates 1shift per day, 5 days per week. Approximately 15 employees
work at the facility.

As site map for the facility is included as Figure 2 in Appendix A. The site map includes the
following information (where applicable):

• Facility property boundary,
• Location of each stormwater outfall,
• All on-site and adjacent surface waters and wetlands,
• Industrial activities/areas (including storage of materials, disposal areas, process areas,
loading and unloading areas, haul roads, fueling, engine maintenance and repair, vessel
maintenance and repair, washing, painting, sanding, blasting, welding, and metal
fabrication),
• Site topography,
• All drainage features and structures,
• Drainage areas for each outfall,
• Direction of flow within each drainage area,
• Buildings/Structures,
• Existing BMP’s and
• Impervious surfaces (percentage of each drainage area).

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Version: March 2021

2.2 Site Drainage

The facility drainage is generally controlled by the surface topography and earthen berms.
Approximate drainage patterns are indicated on Figure 2. The total area of this site is
approximately 100 acres of which a small portion of this acreage is impervious (i.e. pavement,
buildings). For the purposes of this plan, the site can be divided into three (3) major drainage
areas.

Raw material stockpiling, material processing and maintenance operations primarily occur on an
approximately 10-acre area to the west of a railroad line that runs north-south at the edge of the
property. Stormwater and wastewater from the raw material stockpiling and material processing
areas of the facility flow along the railroad line to the southeast to a tailings pond located south
of the railroad tracks in a central area of the facility. Water from this area flows into basin #5
and basin #6.

Stormwater from areas in and around the maintenance buildings flows to the southeast down a
wooded embankment into basin #5.

All stormwater from the pit and large fill areas flow southeast through three basins (basin 7,8 and
4). A majority of the stormwater that flows from the pit flows into the freshwater pond which is
located in the center of the property.

The stormwater outfalls are indicated on Figure 2 and listed within table below:

Table 1 Outfall locations

Outfall Latitude Longitude Receiving Water Body
#5 35.6350 -81.9595 Unnamed Tributary
#6 35.6367 -81.9582 Unnamed Tributary
#7 35.6376 -81.9577 Unnamed Tributary
#8 35.6387 -81.9566 Unnamed Tributary
#4 35.6397 -81.9562 Unnamed Tributary

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Version: March 2021

2.3 Significant Materials and Activities

This facility is divided into several activity areas that manage, store, or process aggregate.
Generally, the potential for stormwater contamination includes petroleum products and storage
that can add oil and grease and chemical oxygen demand (COD) to the stormwater. Vehicles
servicing is typically performed around the maintenance building. Oil leaks during vehicle
servicing may result in a higher COD of stormwater.

Stormwater contacting sand and gravel material stockpiles in and around the main processing
areas could result in higher TSS. Erosion of mined areas or other surfaces could result in higher
TSS of stormwater.

The major items that could potentially impact stormwater include the following:
• Raw material piles (sand and gravel) • Bulk liquid storage • Heavy equipment (trucks, loaders, and grinding/screening equipment) • Processing equipment (bagging) • Vehicle service areas including fueling, maintenance, and/or loading areas • General erosion on bare surfaces

2.4 Significant Spills or Leaks

The facility has had no reportable spill or leak events which discharged outside of the
containment structures during the 3 years prior to the date of the most recent review update. A
significant spill includes but is not limited to releases of oil or hazardous substances in excess of
reportable quantities (RQ) under section 311 of the Clean Water Act (40 CFR 110.10 and CFR
117.21) or Section 102 of CERCLA (40 CFR 302.4). The RQ for an oil spill that does not end
up in waters of the state is a spill greater than 25 gallons of petroleum products in one 24-hr
period. If the spill is into waters of the State then the criteria will be based on the appearance of
a sheen in the surface of the body of water.

This section shall be maintained and updated during the term of the permit. All spill records can
be found within the Appendix of the most recent Spill Prevention, Control and Countermeasures
(PSCC) plan for this plant.

2.5 Non-Storm Water Discharges

The facility has been evaluated for the presence of non-stormwater discharges. There are no
floor drain connections to subsurface stormwater drainage. There is no discharge of
vehicle/equipment washing waters to the stormwater system. The facility has no discharges of
wastewaters that are generated from the plant production activities. No testing for the presence
of non-stormwater discharges was required. The facility does not have any other process
wastewater discharges authorized under an existing NPDES permit. The certification for the
non-stormwater discharge evaluation is included in Appendix B.

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Version: March 2021

Section 3 | Stormwater Management

3.1 Feasibility

Wherever practical, the facility shall prevent or minimize exposure of all storage areas, material
handling operations, and fuel loading to stormwater. Due to the nature of the facility operations,
it is neither economically feasible nor operationally practical to cover or contain all operations.
In such cases, efforts will be made to limit run-on and run-off in areas where materials are
exposed to stormwater. The feasibility and constraints of various measures are discussed in the
following two Sections.

3.2 Secondary Containment and Procedures

3.2.1 Secondary Containment

Bulk storage of fuel, at this facility, is provided with secondary containment. The oil pollution
prevention regulations require containment for the largest single tank within the containment
area and sufficient freeboard for precipitation (if exposed) [40 CFR 112.8 (c) (2)]. Although the
regulations do not set a standard for the “sufficient” freeboard, the EPA recommends sufficient
freeboard for a 25-year storm event (“response to comments” 67 FR 47101). For this site’s
region, a 25-year storm event is approximately 6 inches. For a more detailed discussion of the
secondary containment and its sufficiency refer to the facility’s Spill Prevention, Control, and
Countermeasures (SPCC) plan. Manually operated drainage valves are used to drain
accumulated water from the containment areas. Table 3 provides a summary of the bulk storage
vessels located at this facility.

3.2.2 Secondary Containment Drainage Procedures

After rainfalls, containment areas shall be inspected for rainwater. If and when rainwater is
standing in the containment areas, the procedure for secondary containment drainage is as
follows:

• Appropriately trained plant personnel shall visually observe standing water for evidence
of oil, sheens, color, or foam and determine if water may be drained.
• If no evidence of contamination is observed, the drainage valve may be unlocked and the
water may be drained.
• If evidence of contamination is observed, inspect the tanks, containers, and/or equipment
for leaks. Estimate the quantity of water to be discharged. Obtain a water sample if
necessary. Arrange for proper disposal of the water.
• Close and lock drainage valve after drainage is completed.
• Document draining and subsequent inspection, and maintain documentation in Appendix
E

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Version: March 2021

3.3 Summary of Best Management Practices

BMP’s are measures designed to prevent or mitigate contaminants entering surface water, air,
land, and groundwater. Most BMP’s involve good management and common sense. While
others require activity-specific controls or practices. BMP’s can be categorized as structural
(i.e., consisting of constructed facilities, such as detention basins, sewer systems, etc.) or
nonstructural (i.e., consisting of practices, procedures, regulations, etc.). Whenever possible,
nonstructural BMP’s are implemented first, with structural BMP’s implemented when
nonstructural measures fail to achieve the desired results.

The facility operator shall review the BMP’s annually for applicability and feasibility. BMP’s
that are applicable and feasible for the facility shall be selected and scheduled for
implementation. BMP’s not selected shall be documented as to why it was either not applicable
or feasible. Table 4 provides a list of currently implemented structural BMP’s at this facility. As
the site is modified, this list of BMP’s should be updated.

Structural BMP’s included in this site include:

• A detention basin to slow down discharges of water and settle solids
• Construction of Secondary containment areas for fuel/oil storage areas

Examples of basic nonstructural BMP’s included in this SWP3 include:

• Good housekeeping
• Preventive maintenance
• Spill prevention and response
• Sediment and erosion control
• Management of run-off
• Employee training, and
• Proper recordkeeping

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Version: March 2021

Section 4 | Spill Prevention and Response Plan

Spills or releases, regardless of quantity or location, excluding minor spills within containment
areas, will be immediately reported to the Mine Manager and Environmental Director. The Mine
Manager or Environmental Director is responsible for documentation procedures and for
reporting to regulatory agencies. The response to spills and the degree of documentation and
reporting depends on the magnitude of the spill and the potential impact on the environment.
Fully contained spills that do not threaten the environment may not require official reporting or
emergency response by the Fire Department. All discharges shall be cleaned up immediately.
The resources utilized to clean up such spills, safely and effectively, are at the discretion of the
Mine Manager and Environmental Director.

4.1 Potential Pollution Sources

The areas of potential pollution sources are indicated on Figure 2. Table 2 provides a summary
of these activity areas, potential pollutant sources within these areas, and potential directional
flow should a spill occur at this facility. The facility’s SPCC plan provides a detailed response
plan that should be used and referenced in the event of a spill.

4.2 Spill Containment Equipment

The facility shall maintain adequate supplies for providing cleanup of minor spills and initial
containment of releases. Spill response materials are stored at the designated areas. The storage
area shall be identified with a sign. At a minimum, spill containment/control equipment shall
include:

• Granulated absorbent materials
• Booms and absorbent pads
• One 55-gallon open-headed drum for used absorbents
• Spill mats

Appendix D provides a listing of personnel trained to perform spill prevention activities and who
are responsible for providing initial response actions.

4.3 Initial Action and Spill Response Procedures

In the event that a spill should occur at this facility, the following procedures should be followed:

• Immediately notify the appropriate area supervisor, who will determine if the spill or
release can be handled safely by facility personnel
• Only respond to spills or releases that are small enough to handle safely, and only
respond to substances with which you work or have familiarity. (While NCDEQ does
not have a definition of a small spill, generally, a small spill is one less than 25 gallons
that does not enter State wasters and is cleaned up).

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• Stop the source of the spill or release, if possible. The primary concerns are to minimize
the impacted area and to prevent oil from entering the environment. If the spill or release
is within a spill containment structure, the structure drain outlet shall be checked to
ensure that it is closed.
• If stationary equipment is leaking use drip pans or buckets to catch the leak. Monitor the
pan or bucket for leaks and overfilling
• Initiate necessary spill containment using available spill control equipment. Any storm
drains that are threatened shall be covered with spill mats and surrounded by absorbent
booms.
• The Mine Manager or Environmental Director will initiate notification procedures with
regulatory agencies and call an Emergency Response Contractor (ERC), if warranted.
• If the spill cannot be handled safely or contained, if storm sewers are threatened, if there
are injuries or the potential for injuries, if there is fire or the potential for fires, call the
Fire Department (Dial 911) immediately. Evacuate the area immediately.

VERBAL REPORTS REQUIRED

1. Public Law 92-500 requires immediate notification of the appropriate agency of the U.S.
Government of discharge of oil or hazardous substance. (Section 311(b)(5)), Any person who fails to
notify immediately such agency of such discharge shall, upon conviction, be fined no more than $10,000
or imprisoned for not more than one year, or both.

The agency telephone numbers for your area are:

U.S. EPA Region IV
North and South Carolina
24-hr. [phone]
North Carolina Division of
Environmental Management
Water Quality Section
24-hr. [phone]
All States – U.S. Coast Guard
National Response Center
24-hr. [phone]

NOTE: Call the local fire department if a fire potential exists.

Notify the U.S. EPA and the appropriate state office. If these offices cannot be reached, the plant
superintendent should contact Jason Conner (NC) as appropriate (see Number 4 below). In their absence,
the Area Production Manager(s) should be contacted.

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2. The following information should be included:

a. Name, address and telephone number of person reporting the spill
b. Company name and location of spill event
c. Exact location of spill on site
d. Material spilled
e. Estimated quantity
f. Source of spill
g. Cause of spill
h. Name of body of water involved, or nearest body of water to the
spill area
i. Action taken for containment and clean up

3. The appropriate State Water Pollution Control Agency should be notified.

4. Notify the Corporate Office, contacting Jason Conner [phone] and after hours
[phone].

5. Begin immediately to implement the provisions of this plan and utilize all necessary
personnel to minimize the impact of the oil on the receiving body of water.

Note -This condensed SPRP is not intended to replace any required Plans, including but not
limited to:
• Spill Prevention, Control and Countermeasures Plan
• Hazardous Waste Contingency Plan
• Emergency Preparedness and Prevention Plan

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Section 5 | Plan Implementation

In order for the permittee to fully implement this plan, all monitoring, measurements,
inspections, maintenance activities, and training of employees must be documented. These
records must remain on-site for a period of five years and made available to NCDEQ upon
request. This section will cover these required activities that must be documented for plan
implementation.

5.1 Preventative Maintenance

5.1.1 Equipment

The facility will conduct inspections and maintenance on critical equipment. The facility shall
maintain maintenance records at the facility.

Equipment inspections shall include reservoirs, hoses, piping, valves, cylinder seats and gaskets,
and other parts or systems that could release pollutants if they breakdown or fail. Inspections
should look for leaks, corrosion, excessive smoke, or other deterioration.

Maintenance shall include timely adjustment, repair or replacement of equipment, parts, and
systems. Defective equipment found during inspections shall be promptly repaired. The facility
should maintain spare parts anticipated for routine replacement.

5.1.2 Material Handling Areas

To the degree practical, material handling areas will be maintained in a neat and orderly manner.
Areas will be periodically cleaned of dusts and residues where such materials have the potential
to enter stormwater run-off. To the extent feasible and practical, materials with oils or other
residues will be maintained within containment bins or under cover.

5.1.3 Stormwater Control Devices

Stormwater control devices will be inspected in accordance with Section 5.4. Specific
preventive maintenance on stormwater control devices includes the following:
• The stormwater drainage ditch shall be cleaned of sediment, trash, and large vegetation as
needed. • Vegetation that does not inhibit flow but filters stormwater will be maintained.

5.2 Good Housekeeping Practices

The facility employs good housekeeping practices to minimize contact of materials with
stormwater discharges. Specific good housekeeping practices are as follows:
• Each worker is directly responsible for good housekeeping practices in the area which
they are working or for the procedures they are conducting. Any improperly operating or
leaking equipment shall be reported to the appropriate supervisor, who will be
responsible for having the equipment repaired or replaced.

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• Any outside spills of materials (liquid or solid); regardless of the size of the spill shall be
cleaned up immediately. No outside spills or dust accumulation shall be washed into the
stormwater system. Interior spills shall not be swept to the outside. The appropriate
supervisor shall ensure that personnel understand spill cleanup procedures
• Care shall be taken in unloading delivered materials and moving materials at the facility.
Materials shall be immediately moved to the proper storage area. Material handling
equipment shall be operated only be qualified personnel.

• Care shall be taken in filling ASTs or other containers to minimize spills, overfills, and
drips. Any spills or stained soils shall be cleaned up immediately.

• No vehicle or equipment washing shall be conducted at the facility unless rinse water
discharges to the sanitary sewer.

• Receptacles used for putrescible solid or liquid waste shall be so constructed that it is
covered and does not leak and it shall be maintained in a sanitary condition. These
wastes shall be managed to reduce the potential for discharges of stormwater that have
come into contact with garbage or waste. All seeping, solid or liquid waste, refuse, and
garbage shall be removed on a regular and periodic basis so as to avoid creating a
nuisance or menace.

5.3 Employee Training

All facility personnel shall be trained on the goals, components, and procedures in the SWP3.
New personal shall be trained upon their hiring (within one week) at the facility. Facility
personnel shall receive annual refresher training. Additional training will be provided as
necessary for operational modifications, malfunctioning equipment, and recent spills. Instruction
and training shall be the responsibility of the Mine Manager or Environmental Director.
Documentation of each training or briefing session shall be continually maintained within this
Plan, in Appendix D, for a period of five years.

Personnel shall be instructed as to:

• Sources of pollutants
• The responsibility of each person to prevent spills and discharges
• Good housekeeping procedures
• Specific material management practices and precautions for each area of operation
• Proper collection, storage, and disposal of residual fluids
• Proper handling and storage of oils and fluids
• Avoid topping off fuel tanks and proper handling and storage of oils and fluids
• Reporting of all spills to Mine Manager and Environmental Director
• Initial response to spills and the location and use of spill control and containment
equipment.
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Contractors and temporary personnel shall also be informed of facility operation and design
features in order to prevent discharges or spills from occurring.

5.4 Facility Inspections

Inspection of the facility including storage areas, processing areas, stormwater conveyances and
stormwater controls shall be performed on a semi-annual basis, once in the first half of the year
(January to June) and once in the second half of the year (July to December). The inspections
and reports are responsibility of the Environmental Director. Inspection Forms are included in
Appendix G. Corrective Action Orders or maintenance activities shall be noted on the inspection
forms and shall be tracked to ensure that they are completed in a timely manner. Inspection
activities and Corrective Action Orders shall be documented and appended to this plan and shall
be maintained as part of the Plan for five years. These inspections are different from, and in
addition to, the stormwater discharge monitoring reports required as part of the stormwater
sampling events.

Semi-Annual inspections shall include the following:
• A visual appraisal of each outside storage and material handling area. Specific
observations shall include proper storage of materials, evidence of debris and/or
residues and pollutants entering stormwater run-off (stains, residues, etc.).
• A visual appraisal of the AST’s. Specific observations shall include improper
discharges of dyes. AST’s and other containers observing for leaks, corrosion, and
stains, indicative of spills or improper filling. • A visual appraisal of any containment structures, observing for settlement, cracks,
corrosion, deterioration at joints, stains indicative of spills, or other signs that waster
and/or product is seeping through the structures.
• An inspection and inventory of emergency spill supplies for proper storage and
quantities. Deficient supplies shall be restocked or replaced as necessary.

Any leaks or other condition that may result in a significant release shall be immediately
corrected. Any leak, contaminated soil, debris, or other material shall be promptly removed and
disposed.

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Definitions
AST Aboveground Storage Tanks are stationary devices located on or above the surface of the
ground, or on or above the surface of the floor of a structure below the ground, such as a
basement or vault, designed to contain an accumulation of petroleum products or other liquids. Access Road A temporary or permanent entry into a land parcel. Administrative Order on Consent (AOC) A legal and enforceable agreement between the U.S.
Environmental Protection Agency and the parties potentially responsible for site contamination.
Under the terms of the AOC, the potentially responsible parties agree to perform or pay for site studies or cleanups. It also describes the oversight rules, responsibilities and enforcement options that the government may exercise in the event of non-compliance by potentially responsible parties. This AOC is signed by the parties and the government; it does not require approval by a judge.

Aspect The direction towards which a slope faces. BMP Best Management Practice is a method, activity, maintenance procedure or combination of practices/procedures determined to be the most practicable means of preventing or reducing, to a level compatible with water quality goals, the amount of pollution entering a body of water.

Buffer Vegetated area that reduces runoff and nonpoint source pollution by decreasing water flow velocity. This facilitates the settling, trapping and uptake of chemical pollutants (such as nitrogen and phosphorus) and sediment. Certificate of Coverage The cover sheet, which accompanies the general permit upon issuance,
lists the facility name, location, receiving stream, river basin, effective date of coverage under
the permit and is signed by the Director. Check Dam A small dam constructed in a gully or other small watercourse to decrease the stream flow velocity, minimize channel scour and promote deposition of sediment. It creates a miniature sediment basin.

CWA The Clean Water Act is a comprehensive legislation for water pollution control that includes the Federal Water Pollution Control Act of 1956 and its major 1977, 1981, and 1987 amendments. Closed-Loop Recycling Reclaiming or reusing water for non-potable purposes in an enclosed
process.
Contamination Any physical, chemical, biological or radiological substance or matter that has an adverse effect on air, water or soil. DENR In North Carolina, the Department of Environment and Natural Resources.

Director The Director of the Division of Water Quality (the permit issuing authority) or an authorized representative. Diversion (ditch) A drainage depression or ditch built across a slope to intercept surface or subsurface runoff or to divert surface water from that slope.

EMC is the North Carolina Environmental Management Commission.
i-5 Environmental Assessment A written environmental analysis, which is prepared to determine if an action would significantly affect the environment and thus require a more detailed Environmental Impact Statement.
iv
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Environmental Impact Statement A tool for decision-making, it describes the positive and negative effects of a project or undertaking and lists alternative actions.

EPA The U.S. Environmental Protection Agency, established in 1970. The EPA brings together parts of various government agencies to achieve systematic control and abatement of pollution by administering a variety of research, monitoring, standard-setting and enforcement activities. Erosion The wearing away of the land surface by rain, running water, wind, ice, gravity, or other
natural or anthropogenic agents.
Flocculation Process by which clumps of solids in water are made larger by chemical or biological action so that they may be more easily removed.

Grab Sample Individual samples collected instantaneously. Grab samples that will be directly analyzed or qualitatively monitored must be taken within the first 30 minutes of discharge.
Grade The slope of a road or trail; the change in elevation per unit of horizontal distance
traveled, usually expressed as a percent. Impervious Impenetrable: not admitting of entrance or passage through; as, a substance impervious to water or air. Impervious surfaces, such as buildings, paved lots and roadways, do not absorb rainwater or melted snow. The result is increased runoff and its associated effects on
water quality.
Infiltration A penetration of water through the ground surface into sub-surface soil or penetration of water into sewer or other pipes from through defective joints, connections or manhole walls.
Mitigation Measures taken to reduce adverse impacts on the environment, such as wetland
restoration. Monitoring Periodic or continuous surveillance or testing to determine the level of compliance with statutory requirements and/or pollutant levels

Municipal Separate Storm Sewer System A stormwater collection system within an incorporated area of local self-government such as a city or town.

Navigable Waters Waters sufficiently deep and wide for navigation by small vessels, including pleasure craft. Nonpoint Source Pollution sources that do not have a single point of origin or are not introduced to a receiving stream from a specific outlet. Examples of nonpoint sources of pollutants include
farms, urban areas, residential developments, construction sites and forests. Nonpoint source
pollution is generally carried into the water from the land by stormwater runoff.

NOI Notice of Intent, to be covered by this permit. A form used by potential permittees to notify
the Division, within a specified time, that they intend to comply with the general permit or that
they do not wish to be covered by the general permit and wish an individual permit.

NOV Notice of Violation is a letter sent to a responsible party (individual and/or company)
giving notice of non-compliance with environmental law(s). The letter is designed to notify the
person of the specific violation and associated regulatory cite. In addition, the NOV describes the requirements that the person must take to correct the violation or must take as a result of the
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violation. Generally, the NOV indicates that the responsible party must complete the corrective actions and notify the regulatory agency within a certain period of time.

NPDES National Pollutant Discharge Elimination System is a provision of the Clean Water Act, which prohibits discharge of pollutants to waters of the United States unless a special permit is issued by EPA or, where delegated, a state or tribal government on an Indian reservation. Outfall The place or point where effluent is discharged into receiving waters.

Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally-occurring surface materials that are not disturbed
by mining operations. Percolation The movement of water downward and radially through sub-surface soil layers, usually continuing toward ground water. Also, the rate at which water moves through the soil.
Perennial Stream A watercourse that flows in a well-defined channel throughout most of the
year under normal climatic conditions. Includes small creeks up to large rivers. Permit An authorization, license or equivalent control document issued by an approved agency to implement the requirements of an environmental regulation.

Permittee The owner or operator issued a certificate of coverage pursuant to this general permit.
pH A measure of the acidity or alkalinity of a liquid or solid material. A pH value of 7 is
regarded as neutral; pH values from 0 to 7 indicate acidity and from 7 to 14 indicate alkalinity. In North Carolina, the standard for pH states that pH shall be normal for waters of the area, which generally range between 6.0 and 9.0 except that swamp water may have pH as low as 4.3 if it is the result of natural conditions.
Point Sources Any discernible, confined, and discrete conveyance, including but not limited to,
any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
Receiving Waters A river, stream, lake, ocean or other watercourse into which wastewater or
treated effluent is discharged. Reservoir Any natural or artificial holding area used to store, regulate or control water. Riprap Rock or other large aggregate that is placed to protect streambanks, bridge abutments,
fords, or other erodible sites from runoff or wave action.
Risk Assessment The quantitative and qualitative evaluation performed in an effort to define the risk posed to human health and/or the environment by the presence or potential presence and/or use of specific pollutants.
Runoff That part of precipitation, snow melt or irrigation water that runs off the land into
streams or other surface water. It can carry pollutants from the land and air into receiving waters. In forest areas, that portion of precipitation that flows from a drainage area on the land surface or in open channels. SARA Section 313 of Title III of the Superfund Amendments and Reauthorization Act water
priority chemicals. This includes chemical or chemical categories which are: 1) listed at 40 CFR
372.65 pursuant to Section 313 of the Emergency Planning and Community Right-to-Know Act
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(EPCRA) of 1986; 2) present at or above threshold levels at a facility subject to EPCRA, Section 313 reporting requirements; and 3) that meet at least one of the following criteria: (I) are listed in
Appendix D of 40 CFR 122 on either Table II (organic priority pollutants), Table III (certain
metals, cyanides, and phenols) or Table V (certain toxic pollutants and hazardous substances); (ii) are listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (iii) are pollutants for which EPA has published acute or chronic water quality criteria. Sediment 1. Solid material, both mineral and organic, that is in suspension and being transported
from its site of origin by the forces of air, water, gravity, or ice. 2. Material thus carried that has
come to rest on the earth’s surface either above or below sea level. 3. Particles of mud, clay, silt and organic material that are carried in water and compose the substrate, or bottom material. They can result in the destruction of fish nesting areas and cloud the water so that needed sunlight might not reach aquatic plants.
Significant Materials Includes, but is not limited to: raw materials, fuels, materials such as
solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of EPCRA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.

Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in
excess of reportable quantities under section 311 of the Clean Water Act (see 40 CFR 110.10 and
CFR 117.21) or section 102 of CERCLA (see 40 CFR 302.4).

Stormwater Runoff, snowmelt runoff, and surface runoff and drainage. Stormwater Discharges Associated with Industrial Activity In federal regulations 40 CFR 122.26(b)(14)(i)-(xi), determined which industrial facilities are potentially subject to Phase I of the stormwater program. The definition uses either SIC (Standard Industrial Classification) codes
or narrative descriptions to characterize the activities. See Appendix x.1 for complete definition.
Waters of North Carolina Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial limits of the State, and all other bodies of surface or underground water, natural or artificial, public or private, inland or coastal, fresh or salt, which are wholly or partially within or
bordering the State or within its jurisdiction and all waters of the United States within the
political boundaries of the State of North Carolina. Waters of the United States: (1)All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters subject to the ebb and flow of the tide;
(2) All interstate waters, including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, wet meadows, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: i. Which are or could be used by interstate or foreign travelers for recreational or other
purposes;
ii. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or iii. Which are used or could be used for industrial purposes by industries in interstate commerce; (4) All impoundments of waters otherwise defined as waters of South Carolina under this
definition;
(5) Tributaries of waters identified in paragraphs (a) through (d) of this definition;
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6) The territorial sea; and (7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
paragraphs (1) through (6) of this definition. Waste treatment systems, including treatment ponds
or lagoons designed to meet the requirements of CWA (other than cooling ponds as defined in 40 CFR 423.11(m) which also meet the criteria of this definition) are not water of the United States. 10-year, 24-hour precipitation event The maximum 24-hour precipitation event with a probable 23occurrence interval of once in 10 years.

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Plan Review and Amendment

The SWPPP shall be reviewed and updated on an annual basis. The annual update shall include
an updated list of significant spills or leaks of pollutants for the previous three years, or the
notation that no spills have occurred. Each annual update shall include a re-evaluation of the
effectiveness of the BMP’s. The Plan shall be amended whenever there is a change in design,
construction, operation, or maintenance which has a significant effect on the potential for the
discharge of pollutants to surface waters or when requested by EPA or the NCDEQ.

Reviewer Date Comments or Revisions

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000

TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
For establishments primarily engaged in the following activities:
Active and Inactive Mining Sites

In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act, as amended, this permit is
hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as
evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to
allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to
the surface waters of North Carolina or to a separate storm sewer system conveying discharges
to surface waters, from active and inactive mining sites, in accordance with the terms and
conditions set forth herein.

Coverage under this General Permit is applicable to:

 Stormwater point source discharges associated with mining and quarrying of non-metallic
minerals, and Lithium, including mine excavation, processing, and vehicle maintenance;
 Authorized wastewater point source discharges from mining operations as designated in this permit;
 Stormwater and/or wastewater point source discharges from like industrial activities deemed
by the Division of Energy, Mineral, and Land Resources (the Division) to be similar to these
operations in the process, or the discharges, or the exposure of raw materials, intermediate
products, by-products, final products, or waste products.

Except upon Division determination of similarity as provided immediately above, coverage under this
General Permit is not applicable to:

 Borrow Pits covered by the DOT statewide stormwater permit,
 Peat Mining,
 Coal or Coal Ash Mining,
 Mining of metals other than Lithium,
 Oil and Gas Extraction Operations, and
 Wastewater not specifically designated in this permit.

The General Permit shall become effective on July 1, 2021.

The General Permit shall expire at midnight on July 30, 2025.
Signed this 30th day of June, 2021.
Original signed by Brian Wrenn
____________________________
Brian Wrenn, Acting Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
Permit No. NCG020000
i

TABLE OF CONTENTS

PART A NCG020000 PERMIT COVERAGE

PART B STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
B-1. Responsible Party
B-2. General Location Map
B-3. Site Map
B-4. Narrative Description of Industrial Process
B-5. Evaluation of Stormwater Outfalls
B-6. Mining Permit
B-7. Narrative Description of Stormwater BMPs
B-8. BMP Inspections
B-9. Secondary Containment Plan
B-10. Spill Prevention and Response Procedures
B-11. Preventative Maintenance and Good Housekeeping
B-12. Employee Training
B-13. Representative Outfall Status
B-14. Devices Exempt from Analytical Monitoring
B-15. Annual SWPP Review and Update
B-16. Annual On-line SWPPP Certification when Available
B-17. Notice to Modify the SWPPP
B-18. SWPPP Retention

PART C OPERATIONAL REQUIREMENTS
C-1. Operation and Maintenance of Treatment and Control Systems
C-2. SCM Clean-Out
C-3. Polyacrylamides and Flocculants
C-4. Residuals Management
C-5. Corrective Actions
C-6. Draw Down of Treatment Facilities for Essential Maintenance
C-7. Bypasses of Stormwater and Wastewater Treatment Facilities
C-8. Upsets
C-9. Required Notices for Bypasses and Upsets

Permit No. NCG020000
ii

PART D INACTIVE MINES / DORMANT STATUS
D-1. Eligibility for Dormant Status
D-2. Division Revision or Revocation of Dormant Status
D-3. Renewal of Dormant Status
D-4. Monitoring Under Dormant Status
D-5. SCM Inspections Under Dormant Status
D-6. Annual SWPPP Update Under Dormant Status

PART E QUALITATIVE MONITORING OF STORMWATER DISCHARGES
E-1. Visual Inspections
E-2. Qualitative Monitoring Response

PART F ANALYTICAL MONITORING OF STORMWATER DISCHARGES
F-1. Required Baseline Monitoring
F-2. Baseline Sampling Benchmarks
F-3. Additional Baseline Sampling Benchmarks for Clay Mines, Feldspar Ore and
Lithium Ore Mines
F-4. Additional Baseline Sampling Benchmarks for Phosphate and Industrial Sand
Mines
F-5. Exceedance of In-Stream Water Quality Standard for Turbidity
F-6. Methodology for Collecting Samples
F-7. Locations for Collecting Samples
F-8. Tier I Response: Single Benchmark Exceedance
F-9. Tier II Response: Two Consecutive Benchmark Exceedances
F-10. Tier III Response: Four Benchmark Exceedances Within the Permit Term

PART G AUTHORIZED WASTEWATER DISCHARGES
G-1. Authorized Wastewater Discharges
G-2. Mine Dewatering
G-3. Process Wastewater
G-4. Commingled Stormwater and Wastewater
G-5. Discharges from Recycle Systems

Permit No. NCG020000
iii

PART H ANALYTICAL MONITORING OF WASTEWATER DISCHARGES
H-1. Wastewater Sampling Schedule
H-2. Parameters and Limitations
H-3. Additional Parameters and Limitations for Clay Mines, Feldspar Ore and
Lithium Ore Mines
H-4. Additional Parameters and Limitations for Phosphate and Industrial Sand
Mines
H-5. Exceedance of In-Stream Water Quality Standard for Turbidity

PART I SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)
I-1. Deadlines for Submittal for Discharge Monitoring Reports (DMRs)
I-2. Submittal Process before Electronic Discharge Monitoring Reports (eDMR)
I-3. Submittal Process after Electronic Discharge Monitoring Reports (eDMR)
I-4. Results Below Detection Limits
I-5. Occurrences of No Discharge
I-6. Reports Required if More Frequent Monitoring Has Occurred
I-7. Report if Begin Discharging to a Waterbody Not Listed in the Notice of Intent
I-8. Qualitative Monitoring Reports
I-9. Monitoring Report Retention

PART J OTHER OCCURANCES THAT MUST BE REPORTED

PART K PERMIT ADMINISTRATION
K-1. Signatory Requirements
K-2. General Permit Expiration
K-3. Planned Changes
K-4. Transfers
K-5. When an Individual Permit May be Required
K-6. When an Individual Permit May be Requested
K-7. General Permit Modification, Revocation and Reissuance, or Termination
K-8. Certificate of Coverage Actions
K-9. Requirement to Report Incorrect Information
K-10. Waivers from Electronic Reporting
K-11. Annual Administering and Compliance Monitoring Fee Requirements
K-12. Flow Measurements
K-13. Test Procedures
K-14. Representative Outfall
K-15. Availability of Reports
Permit No. NCG020000
iv

PART L COMPLIANCE AND LIABILITY
L-1. Compliance Schedule
L-2. Duty to Comply
L-3. Duty to Mitigate
L-4. Civil and Criminal Liability
L-5. Oil and Hazardous Substance Liability
L-6. Property Rights
L-7. Severability
L-8. Duty to Provide Information
L-9. Penalties for Tampering
L-10. Penalties for Falsification of Reports
L-11. Onshore or Offshore Construction
L-12. Duty to Reapply
L-13. Inspection and Entry
L-14. Need to Halt or Reduce not a Defense

PART M DEFINITIONS
Permit No. NCG020000

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PART A: NCG020000 PERMIT COVERAGE

All persons desiring to have facilities covered by this General Permit must register with the
Division of Energy, Mineral, and Land Resources (the Division) by the filing of a Notice of
Intent (NOI) and applicable fees. The NOI shall be submitted and a Certificate of Coverage
(COC) issued prior to any discharge of stormwater associated with industrial activity, mine
dewatering wastewater, or authorized process wastewater that has a point source
discharge to the surface waters of the state.

This General Permit is applicable to mining and quarrying of nonmetallic minerals (except
Lithium) including borrow pits (that would not be covered under the statewide DOT
stormwater permit) and active or inactive mines 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 at the site of such
operations and stormwater runoff from vehicle maintenance areas. This General Permit
also covers discharge of wastewater from processing mined materials and mine dewatering
wastewater from the groundwater and/or stormwater that accumulates in the mine pit.

Any owner or operator not wishing to be covered or limited by this General Permit may
make application for an individual NPDES permit in accordance with NPDES procedures in
15A NCAC 2H .0100, stating the reasons supporting the request. Any application for an
individual permit shall be made at least 180 days prior to commencement of discharge.

This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been revoked. Any person conducting
an activity covered by an individual permit but which could be covered by this General
Permit may request that the individual permit be revoked and coverage under this General
Permit be provided.

Any facility may apply for new or continued coverage under this permit until a Total
Maximum Daily Load (TMDL) for pollutants for stormwater or wastewater discharges is
established. A TMDL sets a pollutant-loading limit that affects a watershed, or portion of a
watershed, draining to an impaired water. For discharges to watersheds affected by a
TMDL, coverage under this permit may depend on the facility demonstrating it does not
have reasonable potential to violate applicable water quality standards for those pollutants
as a result of discharges. If the Division determines that discharges have reasonable
potential to cause water quality standard violations, the facility shall apply for an individual
permit 180 days prior to the expiration date of this General Permit. After that individual
permit becomes effective, the facility will no longer have coverage under this General
Permit. [Note the permittee must identify impaired waters in the Location Map or Site Map,
as outlined in the Stormwater Pollution Prevention Plan (SWPPP), Part B of this permit. A
list of approved TMDLs for the state of North Carolina can be found at
https://deq.nc.gov/about/divisions/water-resources/planning/modeling-
assessment/tmdls.

Permit No. NCG020000

Page 2 of 48

Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater, mine dewatering, and process wastewater to the surface waters of North
Carolina or a separate storm sewer system which has been treated and managed in
accordance with the terms and conditions of this General Permit and the requirements of
the permittee’s COC. This permit also authorizes operation of treatment works that are
required to treat mine dewatering or process wastewater in accordance with NCGS 143-
215.1(a) (2).

The permittee’s COC is hereby incorporated by reference into this General Permit. Any
violation of the COC is a violation of this General Permit and subject to enforcement action
as provided in the General Permit.

Any other point source discharge to surface waters of the state is prohibited unless it is an
allowable non-stormwater discharge or is covered by another permit, authorization, or
approval. The discharges allowed by this General Permit shall not cause or contribute to
violations of Water Quality Standards. Discharges allowed by this permit must meet
applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231 and water
quality certification requirements as outlined in 15A NCAC 2H .0500.

If mining activities expand or change after issuance of the COC such that the types of
discharges are affected, the permittee must first contact the Division to determine if
modifications to the COC are necessary. The permittee is also responsible for contacting the
Division if modifications to the Mining Permit are necessary, as compliance with the Mining
Permit is a stipulation of this permit.

Diversion or bypass of untreated wastewater from a treatment facility is prohibited except
under provisions of this permit in C-7 and C-8 of this permit.

The issuance of this permit shall not relieve the permittee of the responsibility for damages
to surface waters of the State resulting from the operation of a treatment facility.

This permit does not relieve the permittee’s responsibility for compliance with any other
applicable federal, state or local law, rule, standard, ordinance, order or decree.

Permit No. NCG020000

Page 3 of 48

PART B: STORMWATER POLLUTION AND PREVENTION PLAN (SWPPP)

The permittee shall develop and implement a Stormwater Pollution Prevention Plan
(SWPPP). The SWPPP shall be maintained on site unless exempted from this requirement
by the Division. The permittee shall implement the SWPPP and all Best Management
Practices (BMPs) consistent with the provisions of this permit, to control contaminants
entering surface waters.

These items shall exist for the duration of the permit term and be made available to the
Director upon request and also shall be sent to the Regional Office upon request. The
SWPPP shall be considered public information in accordance with K-15 of this General
Permit.

The SWPPP shall include, at a minimum, the following items:

B-1. Responsible Party
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination,
development, implementation, and revision of the SWPPP. Responsibilities for all
components of the SWPPP shall be documented and position assignments provided.

B-2. General Location Map
The General Location Map shall be a USGS quadrangle map or appropriately drafted
equivalent map that includes:
(a) The facility's location in relation to transportation routes and surface waters;
(b) The name of the receiving waters to which the stormwater outfalls discharge, or if the
discharge is to a municipal separate storm sewer system, the name of the municipality
and the ultimate receiving waters;
(c) Any impaired receiving waters, use the most recent final integrated report
(https://deq.nc.gov/about/divisions/water-resources/planning/modeling-
assessment/water-quality-data-assessment/integrated-report-files) to identify impaired
waters ;

(d) If the site is in a watershed for which a TMDL has been established, include a list of the
parameter(s) of concern (those exceeding water quality standards).

B-3. Site Map
The Site Map shall include the following at a scale sufficient to clearly depict all required
features. At a minimum, the map shall include:
(a) Site property/permit boundary, which shall be the same as the boundary in the Mining
Permit;
(b) Site topography and finished grade;
(c) Buildings, roads, parking areas and other built -upon areas;
Permit No. NCG020000

Page 4 of 48

(d) Industrial activity areas (including: fueling, vehicle maintenance and repair, washing of
materials or equipment, storage of materials, disposal areas, process areas, loading and
unloading areas, and haul roads);
(e) Stormwater discharge outfalls and a table of latitudes and longitudes;
(f) Drainage area for each outfall with an estimation of impervious area percentage;
(g) Stormwater Control Measures (SCMs);
(h) All stormwater collection/drainage features, structures and direction of flow;
(i) On-site and adjacent surface waters and wetlands;
(j) Instream sample locations for turbidity compliance (see F-5 and H-5); and
(k) A graphic scale and north arrow.

B-4. Narrative Description of Industrial Processes
The narrative description shall include:
(a) Storage practices;
(b) Loading and unloading activities;
(c) Outdoor process areas;
(d) Dust or particulate generating and control processes;
(e) Waste disposal practices; and
(f) A list of the potential pollutants that could be expected to be present in the stormwater
discharge from each outfall.

B-5. Evaluation of Stormwater Outfalls
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non -
stormwater discharges.
(a) If no non-stormwater discharges are present, the permittee shall certify the evaluation results.
This certification shall be dated and signed in accordance with the requirements found in K-1 and
retained with the SWPPP.
(b) If non-stormwater discharges are present, the permittee shall identify the source and record
whether the discharge is otherwise permitted by rule or a different permit. The permittee shall
evaluate the environmental significance of the non-stormwater discharges. A summary written
record shall be dated and signed in accordance with the requirements found in K-1 and retained
with the SWPPP.

B-6. Mining Permit
The SWPPP shall include a signed copy of the first page of the Mining Permit issued by the
Division’s Mining Program. The approved erosion and sedimentation control plan and the
approved reclamation plan shall be retained on site and available upon request .
(a) All erosion and sediment controls required by the Mining Permit shall be inspected, and a
respective written record of repairs and maintenance shall be available to Division
inspectors.
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(b) After a mining activity is released by the Division in accordance with NC G.S. Chapter 74,
Article 7, the permittee may submit a rescission form to the Division to rescind coverage
under this General Permit.

B-7. Narrative Description of Stormwater BMPs
Appropriate BMPs may include, but are not limited to, vegetative swales, berms, use of
reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process
or as an irrigation source) in a manner that reduces pollutants in stormwater discharges
leaving the site.

The narrative description of stormwater BMPs shall include:
(a) Structural and nonstructural practices to minimize the exposure and transport of
materials in stormwater;
(b) BMPs for mine excavation and disturbance areas, process areas, and any other areas
associated with mining activity;
(c) BMPs for vehicle maintenance activities;
(d) BMPs to limit or isolate land disturbance and process areas and limit the amount of
off-site stormwater run-on to those areas; and
(e) BMPs to ensure that contaminants from drilling and blasting do not enter surface
waters.

B-8. BMP Inspections
BMPs shall be inspected by or under the direction of the permittee at least once every seven
(7) calendar days, unless the site has dormant status. All inspections shall be documented
and shall include:
(a) A signed, written record of the inspection results, dates and any repairs/revisions
made for each BMP; and
(b) Documentation of visible off-site sedimentation including an explanation of
measures taken to remove the sediment that has left the site and to prevent future
releases.

B-9. Secondary Containment Plan
In order to prevent leaks and spills from contaminating stormwater runoff, secondary
containment is required for: bulk storage of liquid materials including petroleum products;
storage in any amount of water priority chemicals listed in Section 313 of Title III of the
Superfund Amendments and Reauthorization Act (SARA); and storage of hazardous
substances in any amount.

For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC)
regulation, the SPCC Plan may be used to support compliance with this requirement.

The Secondary Containment Plan shall include:
(a) A table or summary of tanks and stored materials equipped with secondary containment
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systems;
(b) Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to stormwater
conveyance system;
(c) A commitment to visually observe any accumulated stormwater prior to release for color,
foam, outfall staining, visible sheens, and dry weather flow;
(d) A commitment to only release accumulated stormwater that is uncontaminated by any
material; and
(e) Records on every release from a secondary containment system that include: the
individual making the observation, a description of the accumulated stormwater, and the
date and time of the release. These records shall be kept for a period of five (5) years .

B-10. Spill Prevention and Response Procedures
A responsible person shall be on-site at all times during facility operations that have
potential to contaminate stormwater runoff through spills or exposure of materials
associated with the facility operations. For facilities subject to the federal SPCC regulation,
the SPCC Plan may be used to support compliance with this permit.

The Spill Prevention and Response Procedures (SPRP) shall include:
(a) An assessment of areas of the facility where there is the potential for spills;
(b) A list of trained facility personnel responsible for implementing the SPRP;
(c) A signed and dated acknowledgement in which staff members accept responsibilities for
the SPRP;
(d) A supply of spill response materials and equipment and the locations for storing these
items;
(e) Written procedures for proper cleanup and disposal of spilled materials; and
(f) A list of significant spills or leaks of pollutants that have occurred during the previous
three (3) years and any corrective actions taken to mitigate spill impacts or the notation
that no spills have occurred. This list shall be updated on annual basis.

B-11. Preventative Maintenance and Good Housekeeping Program
A preventative maintenance and good housekeeping program (PMGHP) shall be developed
and implemented. Mine Safety and Health Administration (MSHA) documentation may be
used to support compliance with this permit.

The PMGHP shall include:
(a) A schedule of inspections, maintenance, and housekeeping measures for industrial activity are as
including, at a minimum, all material storage and handling areas, disposal areas, process areas,
loading and unloading areas, haul roads, and vehicle maintenance areas. Inspections shall occur
at a minimum on a quarterly schedule (January-March, April-June, July-September, October-
December).
(b) A plan for disposing spent lubricants and fuels properly and in accordance with applicable
federal disposal regulations; and
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(c) A record of inspections, maintenance, and housekeeping activities

B-12. Employee Training
Employee training shall be developed and provided on an annual basis for facility personnel
responsible for operations that have the potential to contaminate stormwater runoff. The
training shall be documented by the date, signature, and printed or typed name of each
employee trained. Signatures may be original or electronic.
The annual employee training shall include, at a minimum, the following topics:
(a) General stormwater awareness;
(b) The provisions of the current NCG020000 general permit.
(c) Spill response training;
(d) Used oil management;
(e) Spent solvent management;
(f) Secondary containment releases,
(g) Fueling procedures.
(h) Disposal of spent abrasives;
(i) Sanding, painting, and blasting procedures, and
(j) Used battery management

B-13. Representative Outfall Status
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 (ROS). 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.

If the Division has granted representative outfall status (ROS), written documentation from
the Division shall be part of the SWPPP. The permittee shall notify the Division of any site
or activity modifications that result in a change to ROS.

The permittee must request reissuance of ROS by submitting a written request to the
Division’s Central Office within thirty (30) days prior to the expiration of this General
Permit to maintain ROS

B-14. Devices Exempt from Analytical Monitoring
As-built plans, Engineer’s Certification, design calculations and approved construction
drawings shall be included in the SWPPP or available on site for any device that will be
exempted from analytical monitoring requirements under this permit. Per F-5(c) of this
permit, only basins or ponds designed to contain the 25-year, 24- hour storm without
discharging, and that can regain capacity to hold such an event within five (5) days’ time
through means other than discharge to surface waters may be exempted from analytical
monitoring requirements.
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B-15. Annual SWPPP Review and Update
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee
shall amend the SWPPP whenever there is a change in design, construction, operation, site
drainage, maintenance, or configuration of the physical features which may have a
significant effect on the potential for the discharge of pollutants to surface waters.

In addition to the other items in Part B of this permit, the SWPPP update shall include:
(a) A review and comparison of sample analytical data to benchmark values (if applicable)
over the past year, including a discussion about Tiered Response status. The permittee
shall use the Division’s Annual Summary Data Monitoring Report (DMR) form, available
from the Stormwater Program’s website (https://deq.nc.gov/about/divisions/energy-
mineral-land-resources/npdes-stormwater-gps); and
(b) A comparison of the permittee’s estimate or record of the past year’s average daily and
maximum daily wastewater flow rates with the permittee’s estimate of the coming
year’s average daily and maximum daily wastewater flow rates, taking into account any
changes in the mine footprint or operational procedures anticipated in the coming year.
For any anticipated increased wastewater discharges into receiving waters classified as
HQW or ORW, the permittee shall compare the estimated increased discharge flow rates
to 50 percent of the receiving water 7Q10.

B-16. Annual On-Line SWPPP Certification when Available
After the Division’s ePermitting system develops the capability to receive this information, an
on-line certification that the SWPPP annual update has been completed in a manner that meets
the conditions of this permit.

B-17. Notice to Modify the SWPPP
The Director may notify the permittee when the SWPPP does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee shall
submit a time schedule to the Director for modifying the SWPPP to meet minimum
requirements. Upon completion of the modifications, the permittee shall provide
certification in writing in accordance with K-7 of this permit to the Director that the
changes have been made.

B-18. SWPPP Documentation
Copies of the SWPPP shall be maintained on-site and be available to the Division upon
request. These records or copies shall be maintained for a period of at least five years. This
period may be extended by request of the Director at any time [40 CFR 122.41].

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PART C: OPERATIONAL REQUIREMENTS

Permitted mining operations shall be subject to the following operational requirements.

C-1. Operation and Maintenance of Treatment and Control Systems
The permittee shall at all times:
(a) Properly operate and maintain all facilities and systems of treatment and control
and related appurtenances which are installed or used by the permittee to achieve
compliance with the conditions of this permit.
(b) Implement laboratory controls and quality assurance procedures for onsite labs and
field parameter testing.
(c) Operate back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the
conditions of this permit [40 CFR 122.41(e)].

C-2. SCM Clean-Out
SCMs must be cleaned out when sediment storage capacity equals or exceeds 50 percent of
the design sediment volume or if visible sedimentation is leaving the property.

C-3. Polyacrylamides and Flocculants
Polyacrylamides (PAMS) and Flocculants shall be selected from the NC Division of Water
Resources of Approved PAMS/Flocculants list, available at:
https://deq.nc.gov/about/divisions/water-resources/water-resources-data/water-
sciences-home-page/aquatic-toxicology-branch/downloads and used in accordance with
the listed application doses. No other chemical flocculants shall be used in the treatment
facility without written authorization from the Division. Evaluated Polyacrylamide (PAMS)
information can be found on the Stormwater Permitt ing Program website.

C-4. Residuals Management
The residuals generated from treatment facilities must be disposed of in accordance with
applicable standards and in a manner such as to prevent any pollutants from such materials
from entering waters of the state or navigable waters of the United States.

C-5. Corrective Actions
The permittee shall take corrective actions if self-inspections required by this permit
identify a need for corrective actions, a facility fails to perform satisfactorily, or a facility
creates of nuisance conditions. Corrective actions shall include, but not be limited to:
maintenance, modifications, or additions to existing control measures, the construction of
additional or replacement treatment or disposal facilities, or implementation of new BMPs.
Corrective actions shall be completed as soon as possible considering adverse weather and
site conditions.

C-6. Draw Down of Treatment Facilities for Essential Maintenance
The permittee may draw down stormwater and wastewater treatment facilities if the
drawdown is for essential maintenance to assure efficient operation and one of the
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following conditions is met:
(a) Either treatment facilities shall be drawn down from the surface, or
(b) Analytical sampling data of the water stored in the treatment facility demonstrates
that the discharge will not exceed benchmarks or violate effluent limitations in this
permit. The sampling data shall be collected no more than 14 calendar days prior to
the draw down.

C-7. Bypasses of Stormwater and Wastewater Treatment Facilities
Bypass is prohibited, and the Division may take enforcement action against a permittee for
bypass unless the permittee provides engineering evidence that all three of the following
conditions are met:
(a) The bypass was unavoidable to prevent loss of life, personal injury or severe
property damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater, or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(c) The permittee submitted notices and identified the reason(s) for the bypass as
required under C-9 below.

C-8. Upsets
Diversions of stormwater and wastewater from treatment facilities may be considered as an
upset rather than a bypass if the permittee can demonstrate to the Director that all of the
following conditions have been met. In any enforcement proceeding, the permittee seeking
to establish the occurrence of an upset has the burden of proof.
(a) The permittee demonstrates that the upset was not caused by operational error,
improperly designed treatment or control facilities, lack of preventive maintenance, or
careless or improper operation.
(b) The permittee agrees to take remedial measures if necessary.
(c) The permittee submitted notice of the upset and identified the cause(s) of the upset as
required under C-9 below.

C-9. Required Notice for Bypass or Upset
After a permittee becomes aware of an occurrence that must be reported, the permittee
shall contact the appropriate Division regional office within the timeframes and in
accordance with the requirements listed in Table 1 below. Occurrences outside normal
business hours may also be reported to the Department’s Environmental Emergency
Hotline at [phone].

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Table 1: Bypass and Upset Reporting Requirements
Event
[40 CFR 122.41(m)(3)]
Reporting Requirements
Anticipated Bypass

Written report at least ten days prior to the anticipated
bypass. The written report shall include an evaluation of the
anticipated quantity, quality and effect of the bypass.
Unanticipated Bypass or Upset

Oral or electronic notification within 24 hours of the event,
and
Written report within 7 calendar days of the event. The written
report shall include an evaluation of the quantity, quality and
effect of the bypass.
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PART D: INACTIVE MINES / DORMANT STATUS

The permitted facility is an active mine and the permittee shall implement and comply with
all permit conditions herein unless Dormant Status is approved in writing by the Division.
The permittee may request approval of Dormant Status and receive a temporary exemption
from monitoring requirements in this permit as long as Dormant Status eligibility is
maintained. All other provisions of this permit remain in effect regardless of Dormant
Status eligibility.

D-1. Eligibility for Dormant Status
Inactive mines that have suspended all industrial activit y and stabilized the site are eligible
for Dormant Status if all of the following have been achieved:
(a) The permitted facility is temporarily inactive and the site has been stabilized;
(b) The permittee has submitted a written, signed certification to the Division’s Central
Office that the facility is temporarily inactive and all portions of the site where
clearing, grading and/or excavation activities have occurred are stabilized with
permanent vegetation;
(c) An inspection from the Division’s Regional Office staff confirms that the site is
inactive, stabilized and appropriate for issuance of Dormant Status;
(d) The Division’s Central Office issues a letter specifically granting Dormant Status for a
period not to exceed the life of the permit;
(e) The Dormant Status approval has not expired;
(f) The Division’s letter granting Dormant Status is kept with the SWPPP and is
available for inspection upon request; and
(g) The permittee notifies the Division in writing within thirty (30) days prior to
reactivating and/or commencing mining activity at the facility.

D-2. Division Revision or Revocation of Dormant Status
The Division may revise or revoke Dormant Status and any associated temporary permit
exemptions in writing at any time. Revocation or revision shall be provided by issuance of a
new Dormant Status letter, which shall supersede any prior Dormant Status approvals.

D-3. Renewal of Dormant Status
The permittee shall self-recertify that Dormant Status conditions are being maintained
annually by completing a Dormant Status Certification Form (available at
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater). In this form, the permittee will certify that the facility is still temporarily
inactive and all portions of the site where clearing, grading and/or excavation activities
have occurred are stabilized with permanent vegetation. This documentation shall be kept
with the SWPPP and available for inspection upon request. The permittee must request
reissuance of Dormant Status in writing by submitting a written request to the Division’s
Central Office within thirty (30) days prior to the expiration of this General Permit to
maintain Dormant Status.

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D-4. Monitoring Under Dormant Status
The permittee shall perform and document all stormwater analytical monitoring,
stormwater qualitative monitoring and wastewater monitoring in accordance with this
permit unless specifically exempted from a monitoring requirement, in whole or part, in the
Division’s written Dormant Status approval letter.

D-5. SCM Inspections Under Dormant Status
The permittee shall conduct monthly SCM inspections in accordance with this permit unless
specifically exempted from SCM inspection requirements, in whole or part, in the Division’s
written Dormant Status approval letter. This exemption shall be based upon the Division’s
site-specific determination that a SCM is not necessary because of sufficient permanent site
stabilization.

D-6. Annual SWPPP Update Under Dormant Status
The permittee shall conduct an annual inspection of the site and revise the SWPPP
accordingly. This documentation must be available for inspection upon request.

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PART E: QUALITATIVE MONITORING OF STORMWATER DISCHARGES

The purpose of qualitative monitoring is to implement a quick and inexpensive way to
evaluate the effectiveness of the permittee’s SWPPP, to identify the potential for new
sources of stormwater pollution, and to prompt the permittee’s response to pollution.

E-1. Visual Inspections
(a) Visual inspections shall be made at each stormwater discharge outfall (SDO) that
discharges stormwater associated with industrial activity unless representative
outfall status specifically for visual monitoring has been approved in writing by the
Division.
(b) Visual inspections shall be performed concurrent with required analytical monitoring.
(c) Visual inspections are not required to be performed outside of the facility’s normal
operating hours.
(d) Visual inspections shall be recorded on the Division’s Stormwater Discharge Outfall
Qualitative Monitoring Report (QMR) form and shall include observations of:
i. Color
ii. Odor
iii. Clarity
iv. Floating Solids
v. Suspended Solids
vi. Foam
vii. Oil Sheen
viii. Deposition at or immediately below the outfall
ix. Erosion at or immediately below the outfall, and
x. Other obvious indicators of stormwater pollution.
(e) Inability to perform inspections because of adverse weather or lack of discharge during
the monitoring period shall not constitute a failure to monitor if the event is
documented in the SWPPP and recorded on the Qualitative Monitoring Report.

E-2. Qualitative Monitoring Response
(a) If the permittee’s qualitative monitoring indicates that the SWPPP and/or existing
stormwater BMPs are ineffective, or that significant stormwater contamination is
present, then the permittee shall investigate potential causes, evaluate the feasibility
of corrective actions, and implement those feasible corrective actions within sixty
(60) days.
(b) A written record of the permittee’s investigation, evaluation, and response actions
shall be kept in the SWPPP.

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PART F: ANALYTICAL MONITORING OF STORMWATER DISCHARGES

This part applies to industrial stormwater discharges of stormwater-only flows from mining
activity areas including, but not limited to, areas of mine excavation, other land disturbance,
process areas and vehicle maintenance. This part does not apply to wastewater discharges
from mine dewatering and process areas or stormwater discharges that are comingled with
wastewater.

F-1. Required Baseline Sampling
The permittee shall perform baseline sampling of all stormwater discharge outfalls and/or
authorized representative discharge outfalls in accordance with this part.
(a) Grab samples shall be collected, analyzed and reported for the parameters listed in
Table 2.
(b) Grab samples shall be analyzed for pH within 15 minutes of collection.
(c) The total rainfall amount for each sampling event shall be recorded in inches. Total
rainfall shall be determined from an on-site rain gauge or a regional rain gauge
located within one (1) mile of the facility.
(d) Samples shall be collected from four separate monitoring periods per year unless
the facility is in Tier Two or Tier Three status. A minimum of thirty (30) days must
separate sampling events:
i. January 1 – March 31
ii. April 1 – June 30
iii. July 1 – September 30, and
iv. October 1 – December 31.
(e) If the facility was in Tier Two or Tier Three status under the previous permit, the
facility shall continue monthly monitoring and reporting requirements until
relieved by the provisions of this permit or the Division.

F-2. Baseline Sampling Benchmarks
(a) Analytic results for each parameter shall be compared to the benchmark values for the
appropriate receiving stream classification as provided in Table 2. An exceedance of a
benchmark value is not a permit violation; however, failure to respond in accordan ce
with F-2(b) below is a permit violation.
(b) An exceedance of any benchmark value shall require a tiered response for that outfall.
A single exceedance of a benchmark value shall require a Tier One response for that
outfall. Two benchmark value exceedances in a row shall require a Tier Two response
for that outfall. Four benchmark exceedances for a parameter within the permit term
shall require a Tier Three response for that outfall.
(c) Baseline sampling benchmarks shall be in accordance with Table 2 below.

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Table 2: Summary of Quarterly Baseline Sampling Requirements for Stormwater Discharges
Parameter
Code for
Reporting
Parameter Receiving Stream
Classification(s)1 Benchmark
CO530 Total Suspended Solids (TSS) All except below 100 mg/l
HQW, ORW, Tr, PNA 50 mg/l
00545 Settleable Solids (SS) All 0.1 ml/l
00070 Turbidity - See F-5
46529 Total Rainfall of Sampled Event
(inches) - -
For vehicle or equipment maintenance areas in which more than 55 Gallons of motor oil
and/or hydraulic oil is used per month when averaged over the calendar year.
00552
Non Polar Oil & Grease for
drainage areas that use > 55
gallons/month of oil on average
per EPA Method1664 (SGT-HEM)
All 15 mg/L
NCOIL Estimated average Monthly Oil
Usage at the Facility (gallons) - -

F-3. Additional Baseline Sampling Benchmarks for Clay Mines, Feldspar Ore, and
Lithium Ore Mines
(a) Clay Mines, Feldspar Ore Mines, and Lithium Ore Mines shall monitor all of the
parameters listed in Table 2 and, in addition, shall monitor the parameters listed in
Table 3.
(b) An exceedance of any benchmark value in Table 3 shall require a tiered response for all
parameters. A single exceedance of a benchmark value shall require a Tier One
response for all parameters. Two benchmark value exceedances in a row shall require
a Tier Two response for all parameters. Four benchmark exceedances for a parameter
within a five (5) year period shall require a Tier Three response for all parameters.

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Table 3. Additional Quarterly Baseline Sampling Requirements for Clay Mines, Feldspar Ore
Mines and Lithium Ore Mines for Stormwater Discharges
Parameter
Code for
Reporting
Parameter
Mine Type Receiving
Stream
Type
Benchmark Clay
Mine
Feldspar
Ore
Lithium
Ore
01105 Aluminum, total X X X Freshwater 0.75 mg/L
Saltwater 0.24 mg/L
01092 Zinc, total
recoverable (as Zn) X X Freshwater 0.126 mg/L
Saltwater 0.095 mg/L
00951 Fluoride, total X X X All 6 mg/L
00900 Hardness, total X All N/A
00400 pH1 X Freshwater 6-9
Saltwater 6.8 – 8.5
01097 Antimony, total X Freshwater 0.34 mg/L
Saltwater None
01002 Arsenic, total X Freshwater 0.15 mg/L
Saltwater 0.069 mg/L
CO034 Chromium III X Freshwater 0.905 mg/L
Saltwater None
1 Grab samples shall be analyzed for pH within 15 minutes of collection.

F-4. Additional Baseline Sampling Benchmarks for Phosphate and Industrial Sand Mines
(a) Phosphate and Industrial Sand Mines shall monitor all of the parameters listed in Table
2 and, in addition, shall monitor the parameters listed in Table 4.
(b) An exceedance of any benchmark value in Table 4 shall require a tiered response for all
parameters. A single exceedance of a benchmark value shall require a Tier One
response for all parameters. Two benchmark value exceedances in a row shall require
a Tier Two response for all parameters. Four benchmark exceedances for a parameter
within a five (5) year period shall require a Tier Three response for all parameters.

Table 4: Summary of Quarterly Baseline Sampling Requirements for Stormwater Discharges
Parameter
Code for
Reporting
Parameter
Mine Type Receiving
Stream
Type
Benchmark Phosphate
Industrial Sand
00951 Fluoride, total X X All 6 mg/L
CO034 Chromium III X Freshwater 0.905 mg/L
Saltwater None
39344 Alpha, Gross
Particle Activity X X All No
benchmark

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F-5. Monitoring Requirements for Turbidity
(a) In accordance with 15A NCAC 02B .0202(21), the following values shall form the basis
for the turbidity monitoring requirements in this permit:
i. 10 NTU for freshwater streams, lakes, and reservoirs designated as trout waters.
ii. 25 NTU for all lakes, reservoirs, and salt waters.
iii. 50 NTU for all other streams and surface waters.
(b) No discharge shall cause the turbidity in a receiving water to exceed (a) or to increase
the turbidity levels of a receiving water that already exceeds (a). The permittee shall
demonstrate compliance with this condition in one of the following ways:
i. Collect and analyze a grab sample at the stormwater outfall. If the grab sample is
below (a), then the permittee shall be considered to have met the turbidity
requirements of this permit. If the grab sample exceeds (a), then the permittee may
demonstrate compliance with the turbidity requirements of this permit as listed in
(ii) or (iii) below during the same storm event or the next measurable storm event
that meets F(6)(a).
ii. Collect and analyze a grab sample immediately downstream of the discharge point.
If the grab sample is below (a), then the permittee shall be considered to have met
the turbidity requirements of this permit. If the grab sample exceeds (a), then the
permittee may demonstrate compliance with the turbidity requirements of this
permit as listed in (iii) below during the same storm event or the next measurable
storm event that meets F(6)(a).
iii. Collect and analyze grab samples both upstream and downstream of the discharge
point. If the data demonstrates that the discharge has not increased the turbidity of
the receiving stream, then the permittee shall be considered to have met the
turbidity requirements of this permit.
(c) The results of sampling conducted pursuant to (b) above shall be reported on the DMR.
(d) The permittee may contact the Regional Office for assistance in determining the best
instream sample point. The Regional Office may also require the permittee to relocate
self-established instream sample points if appropriate.
(e) Failure to demonstrate compliance with this condition shall require a tiered response
for that outfall.

F-6. Methodology for Collecting Samples
(a) Outfall monitoring efforts shall begin with the first measurable storm event in the
monitoring period that meets all the following conditions:
i. Occurs at least 48 hours after the previous measurable storm event unless F-6 (b)
applies,
ii. Occurs during the facility’s normal operating hours,
iii. Does not coincide with adverse weather conditions, and
iv. Is characteristic of the volume and nature of the permitted discharge.
(b) The 48-hour storm interval may not apply if:
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i. The permittee is able to document that a shorter interval is representative for local
storm events during the sampling period, and
ii. The permittee obtains approval from the Division’s Regional Office.
iii. After authorization by the Division’s Regional Office, a written approval letter must
be kept on site in the permittee’s SWPPP.
(c) Grab samples shall be collected within the first 30 minutes of discharge from an outfall
and continue until all outfalls that are discharging have been sampled.
(d) Outfalls that are not sampled during the first measurable storm event in the monitoring
period shall be sampled during the next measurable storm event in the monitoring
period until a sample has been collected.
(e) If, during the entire monitoring period, there is no discharge from an outfall during any
measurable storm event then the permittee shall:
i. Report “No Discharge” in the DMR,
ii. Note “No Discharge” in the SWPPP, and
iii. Submit the DMR within 30 days after the end of the monitoring period.
(f) Lack of a discharge from an outfall for the monitoring period shall not constitute failure
to monitor as long as the above permit conditions are met.
(g) If the sampled storm event coincides with a known non-stormwater discharge that is
deemed permitted under 15A NCAC 02 .0106, then this shall be noted on the DMR.

F-7. Locations for Collecting Samples
Samples shall be collected at all stormwater discharge outfalls (SDOs) that discharge
stormwater associated with industrial activity. If the Division has issued a representative
outfall status approval letter, then the permittee shall collect samples from all SDOs in
accordance with the SDO approval letter.

(a) All samples shall be taken before the discharge joins or is diluted by any other waste
stream, body of water, or substance.
(b) Monitoring points as specified in this General Permit shall not be changed without
written notification to and approval by the Division [40 CFR 122.41(j)].
(c) Analytical monitoring is not required for the outlet of any basin or pond designed to
contain the 25-year, 24-hour storm without discharging, and that can regain
capacity to hold such an event within five (5) days’ time through means other than
discharge to surface waters.

F-8. Tier One Response: Single Benchmark Exceedance
The facility will remain in Tier One status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any sampling result is above the benchmark value for any parameter at any
outfall, then the permittee shall respond in accordance with Table 5 to identify and
address the source of that exceedance for that parameter.
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(b) Each required response shall be documented in the SWPPP as each action occurs
including; the date and value of the benchmark exceedance, the date the Division’s
Regional Office was notified of the exceedance, the inspection date, the personnel
conducting the inspection, the selected feasible actions, and the date the selected
feasible actions were completed.
(c) Each exceedance of a benchmark parameter shall individually require a Tier I
response.
(d) The Tier One response shall be in accordance with Table 5 below.

Table 5: Tier One Response for a Benchmark Exceedance
Timeline From
Receipt of Sampling
Results
Tier One Required Response/Action
Continuously i. Document the exceedance and each required response/action in
the SWPPP in accordance with F-8(b) above.
Within two weeks ii. Notify the Division’s Regional Office of the exceedance date and
value via email or, when it is developed, an electronic form
created by the Division for reporting exceedances.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month v. Select specific, feasible courses of action to reduce concentrations
of the parameter(s) of concern including, but not limited to,
source controls, operational controls, or physical improvements.
Within two months vi. Implement the selected feasible actions.

F-9. Tier Two Response: Two Consecutive Benchmark Exceedances
The facility will remain in Tier Two status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any two consecutive sampling results in a row for the same parameter are above
the benchmark value at an outfall, then the permittee shall respond in accordance
with Table 6 to identify and address the source of exceedances for that parameter.
(b) Each required response shall be documented in the SWPPP as each action occurs
including; the dates and values of the benchmark exceedances, the date the
Division’s Regional Office was notified of the consecutive exceedances, the
inspection date, the personnel conducting the inspection, the selected feasible
actions, the date the selected feasible actions were completed, and the monthly
monitoring results.
(c) After implementing the specific feasible courses of action, perform monthly
monitoring at every outfall where a sampling result exceeded the benchmark value
for two consecutive samples for all parameters until three samples in a row are
below the benchmark value or are inside the benchmark range.
(d) If turbidity is the exceeded parameter, monthly monitoring shall include in -stream
grab samples taken upstream and downstream of the discharge outfall. The
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permittee shall notify the Division about the locations of the upstream and
downstream sampling points.
(e) Each pair of two consecutive exceedances of a single benchmark parameter at a
single outfall shall constitute an event that requires a Tier Two response.
Subsequent events shall not include the same exceedances that have been
addressed in a Tier Two response.
(f) The Tier Two response shall be in accordance with Table 6 below.

Table 6: Tier Two Response for Two Consecutive Benchmark Exceedances
Timeline From
Receipt of Sampling
Results
Tier Two Required Response/Action
Continuously i. Document the exceedance and each required response/action in
the SWPPP in accordance with F-9.(b) above.
Within two weeks ii. Notify the Division’s Regional Office in writing of the exceedance
date and value.
iii. Conduct a stormwater management inspection.
iv. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month v. Select specific, feasible courses of action to reduce
concentrations of the parameter(s) of concern including, but not
limited to, source controls, operational controls, or physical
improvements.
Within two months vi. Implement the selected feasible actions.
vii. Implement monthly monitoring of the exceeded parameter and
continue until three samples in a row are below the benchmark
value. If turbidity is the exceeded parameter, implement in-
stream monitoring both upstream and downstream of the
discharge outfall.

F-10. Tier Three Response: Four Benchmark Exceedances Within the Permit Term
The facility will remain in Tier Three status until three consecutive samples are under the
benchmark or are inside the benchmark range for all parameters.
(a) If any four sampling results within the permit term for any single parameter are
above the benchmark value at a sampled outfall, then the permittee shall respond in
accordance with Table 7 to identify and address the source of exceedances for that
parameter at that outfall.
(b) Each required response shall be documented in the SWPPP as each action occurs
including; the dates and values of the benchmark exceedances, the date the
Division’s Regional Office was notified of the consecutive exceedances, the
inspection date, the personnel conducting the inspection, the selected feasible
actions, the date the selected feasible actions were completed, and the monthly
monitoring results.
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(c) The permittee shall prepare a written Action Plan and submit to the Division’s
Regional Office for review and approval within thirty (30) days of receipt of the
fourth analytic monitoring data point that exceeds the benchmark value. At a
minimum, the Action Plan shall include:
i. documentation of the four benchmark exceedances;
ii. an inspection report that covers the industrial activities within the drainage
area of the outfall with the exceedances (including the date of the inspection and
the personnel conducting the inspection);
iii. an evaluation of standard operating procedures and good housekeeping
procedures;
iv. identification of the source(s) of exceedances;
v. specific actions that will be taken to remedy the identified source(s) with a
schedule for completing those actions; and
vi. a monitoring plan to verify that the Action Plan has addressed the source(s).
(d) The permittee shall keep the Action Plan in the SWPPP and document when each
specific action was carried out and by whom.
(e) The permittee shall contact the Division’s Regional Office when all actions in the
Action Plan are completed.
(f) The Tier Three response shall be in accordance with Table 7 below.

Table 7: Tier Three Response for Four Benchmark Exceedances Within Five Years
Timeline From
Receipt of Fourth
Sampling Result
Tier Three Required Response/Action
Continuously i. Document the exceedances and each required response/action in
the SWPPP in accordance with F-10.(b) above.
ii. Continue monthly monitoring for all parameters at the subject
outfall and continue until three samples in a row are below the
benchmark value.
Within two weeks iii. Notify the Division’s Regional Office in writing of the affected
outfall, four exceedance dates and values.
iv. Conduct a stormwater management inspection.
v. Identify and evaluate possible causes of the benchmark
exceedance.
Within one month vi. Prepare an Action Plan that should include specific, feasible
courses of action to reduce concentrations of the parameter(s) of
concern including, but not limited to, source controls,
operational controls, or physical improvements and submit to
the Division’s Regional Office for review and approval.
Upon DEQ Approval vii. Implement the approved Action Plan.
Upon Completion of
Approved Action Plan
viii. Notify the Division’s Regional Office of Action Plan completion.

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PART G: AUTHORIZED WASTEWATER DISCHARGES

G-1. Authorized Wastewater Discharges
(a) All proposed wastewater discharges shall be specifically listed in the Notice of
Intent.
(b) The permittee is only authorized to discharge wastewater specifically identified in
the Notice of Intent and approved by the Division by issuance of the COC.
(c) Wastewater discharges that may be authorized under this general permit are
limited to the following. Any of those wastewaters commingled with stormwater
shall be considered wastewater:
i. Mine dewatering,
ii. Process wastewater,
iii. Comingled stormwater and wastewater, and
iv. Discharges from recycle systems.
(d) Mine dewatering discharges to land surfaces without the potential to discharge
directly to surface waters and where no chemicals are used in the mining process
may be permitted by regulation under 15A NCAC 02T .0113(a)(16) and are not
subject to the provisions of this permit.
(e) Process wastewater discharges generated by any other activity shall not be
authorized under this permit, except allowable non-stormwater discharges
permitted by 15A NCAC 2H .0106(f).

G-2. Mine Dewatering
(a) These requirements apply to all mine dewatering, and includes dewatering from
pits for quarries, clay brick, sand and gravel, borrow pits, and refractory mining, as
well as mines with similar discharges.
(b) Permittees conducting mine dewatering activities that have the potential to drain
wetlands or other surface waters shall implement a Pumping Operation and
Monitoring (POM) Plan approved by the Division. The POM shall be submitted with
the NOI for the Division’s review and approval. Written Division approval of the
POM is required prior to the discharge of mine dewatering.
(c) POM Plans shall include, but are not limited to:
i. Groundwater monitoring strategies to demonstrate the effect of pumping,
ii. Detailed plans to maintain the surrounding hydrology that protects the affected
streams and wetlands,
iii. Monitoring to demonstrate compliance, and
iv. The pumping regime deemed necessary to protect affected streams and wetlands.
(d) Approval of the POM Plan may be required prior to coverage under this General
Permit.

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G-3. Process Wastewater
(a) These requirements apply to all process wastewater from mining operations which
includes, but may not be limited to, the water involved in:
i. The slurry transport, washing, or sawing of mined material;
ii. Air emissions control or processing exclusive of mining of sand, gravel, and
stone washing operations;
iii. Dimension stone cutting operations; and air scrubbing and dust control
operations.
(b) Treatment may involve conveyance through erosion and sedimentation control
(E&SC) structures and/or other engineered treatment systems.

G-4. Commingled Stormwater and Wastewater
(a) If authorized mine dewatering or process wastewaters commingle with stormwater
prior to discharge, then the permittee shall sample the combined discharge as a
wastewater discharge.
(b) Sampling shall be performed during the discharge. These sampling events may or
may not be associated with rainfall.

G-5. Discharges from Recycle Systems
Authorized process wastewater discharges (overflows) from a recycle system to surface
waters are subject to the provisions, monitoring requirements, and effluent limitations in
this General Permit.

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PART H: ANALYTICAL MONITORING OF WASTEWATER DISCHARGES

H-1. Wastewater Sampling Schedule
(a) Wastewater discharges shall be monitored quarterly beginning on July 1, 2021.
Sampling shall be performed in each of the four quarterly monitoring periods:
i. January 1 – March 31,
ii. April 1 – June 30,
iii. July 1 – September 30, and
iv. October 1 – December 31.
(b) If no discharge occurs during the sampling period, the permittee shall record “No
Flow” or “No Discharge” within 30 days of the end of the sampling period in the
facility’s monitoring records.

H-2. Parameters and Limitations
(a) Wastewater discharges shall not exceed the effluent limitations provided in Table 8.
(b) The permittee shall collect and analyze grab samples of wastewater effluent for pH,
TSS, and Turbidity at each wastewater outfall.
(c) Grab samples shall be analyzed within 15 minutes for pH.
(d) Permittees discharging wastewater to receiving waters classified as HQW, ORW, SA,
SB, Tr or PNA shall also collect and analyze grab samples for Settleable Solids.
(e) Permittees discharging wastewater to receiving waters classified as SA shall also
collect and analyze grab samples of wastewater effluent for Fecal Coliform.
(f) Permittees discharging wastewater to receiving waters classified as SA, SB and SC
shall also collect and analyze grab samples of wastewater effluent for Enterococcus.
(g) Any exceedance of the in-stream water quality standard for turbidity shall require
effluent, upstream and downstream monitoring for turbidity concurrent with
quarterly monitoring per the schedule in H-1(a).
(h) Daily flow rate shall be recorded by a continuous flow measurement instrument.
Alternatively, pump curves and pump logs may be used as a means to calculate the
daily flow rate.
(i) Effluent limitations for wastewater discharges shall be in accordance with Table 8
below.

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Table 8: Effluent Limitations for Wastewater Discharges
Parameter
Code for
Reporting
Parameter Receiving Stream
Classification
Monthly
Average1 Daily Maximum1
00400 pH Range3
Freshwater ---- 6.0 – 9.02
Saltwater ---- 6.8 – 8.52
CO530 TSS
All except below
For industrial sand
and phosphate
mines, 25 mg/l
No limit for other
mine types
For industrial sand
and phosphate
mines, 45 mg/l
No limit for other
mine types
HQW, ORW 20 mg/l 30 mg/l
HQW/ORW Tr, PNA 10 mg/l 15 mg/l
00070 Turbidity ---- See H-5
00545 Settleable Solids HQW, ORW, SA, SB,
PNA, Tr 0.1 ml/l 0.2 ml/l
31616 Fecal Coliform4 SA --- ---
61211 Enterococcus4 SA, SB and SC --- ---
Daily Flow Rate (cfs) HQW/ORW Tr, PNA ---- 50% of 7Q10
1 Note that for a quarterly sampling schedule, the sample result counts as both the Daily
Maximum and Monthly Average value. More frequent samples may be conducted to calculate
averages, but all sampling events must be recorded on the DMR per I-5 of this permit.
2 Designated swamp waters can have a pH as low as 4.3 because of natural conditions. In such
cases, Federal Effluent Guidelines (40 CFR §436) allow the lower range of the pH limitations to
be adjusted downward to no lower than 5.0. The permittee must sample instream to
demonstrate a lower limit is appropriate.
3 Grab samples shall be analyzed for pH within 15 minutes of collection.
4 In SA, SB, and SC waters, the DEQ-Division of Marine Fisheries (DMF)– Recreational
Monitoring program includes Enterococcus monitoring. In only SA waters, the DEQ – DMF –
Shellfish Growing Waters monitoring program includes Fecal Coliform monitoring .

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H-3. Additional Parameters and Limitations for Clay Mines, Feldspar Ore Mines, and
Lithium Ore Mines
(a) Wastewater discharges from Clay Mines, Feldspar Ore Mines and Lithium Ore Mines
shall not exceed the effluent limitations provided in both Table 8 and Table 9. The
permittee shall collect and analyze grab samples of wastewater effluent for the listed
parameters.
(b) Permittees discharging wastewater from Clay Mines, Feldspar Ore Mines and
Lithium Ore Mines shall also collect and analyze grab samples and report the
sampling results for Chromium but there are no effluent limitations associated with
Chromium when discharging to saltwater.

Table 9. Additional Quarterly Baseline Sampling Requirements for Clay Mine, Feldspar Ore
Mines and Lithium Ore Mines for Wastewater Discharges
Parameter
Code for
Reporting
Parameter
Mine Type Receiving
Stream
Type
Monthly
Avg.
Daily
Max Clay
Mine
Feldspar
Ore
Lithium
Ore
01105 Aluminum,
total X X X
Freshwater 0.30
mg/L
0.75
mg/L
Saltwater 0.24
mg/L
0.24
mg/L
01092 Zinc, total
recoverable X X
Freshwater 0.126
mg/L
0.126
mg/L
Saltwater 0.095
mg/L
0.095
mg/L
00951 Fluoride,
total X X X All 6 mg/L 6 mg/L
00900 Hardness,
total X All N/A N/A
01097 Antimony,
total X Freshwater 0.34
mg/L
0.34
mg/L
Saltwater None None
01002 Arsenic,
total X
Freshwater 0.15
mg/L
0.15
mg/L
Saltwater 0.069
mg/L
0.069
mg/L
CO034 Chromium
III X Freshwater 0.117
mg/L
0.905
mg/L
Saltwater None None

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H-4. Additional Parameters and Limitations for Phosphate and Industrial Sand Mines
(a) Wastewater discharges from Phosphate and Industrial Sand Mines shall not exceed the
effluent limitations provide in both Table 8 and Table 10 . The permittee shall collect
and analyze grab samples of wastewater effluent for the listed parameters.
(b) Permittees discharging wastewater from Clay Mines, Feldspar Ore Mines and Lithium
Ore Mines shall also collect and analyze grab samples and report the sampling results
for Chromium and Gamma/Beta but there are no effluent limitations associated with
Chromium and Gamma/Beta when discharging to saltwater.

Table 10: Summary of Quarterly Baseline Sampling Requirements for Wastewater Discharges
Parameter
Code for
Reporting
Parameter
Mine Type
Receiving
Stream
Type Monthly
Avg Daily Max
Phosphate Industrial
Sand
00951 Fluoride, total X X All 6 mg/L 6 mg/L
CO034 Chromium III X Freshwater 0.117
mg/L
0.905
mg/L
Saltwater None None
39344 Alpha, Gross
Particle Activity X X All None None

H-5. Exceedance of In-Stream Water Quality Standard for Turbidity
(a) In accordance with 15A NCAC 02B .0202(21), the following values shall form the basis
for the turbidity monitoring requirements in this permit:
i. 10 NTU for freshwater streams, lakes, and reservoirs designated as trout waters.
ii. 25 NTU for all lakes, reservoirs, and salt waters.
iii. 50 NTU for all other streams and surface waters.
(b) No discharge shall cause the turbidity in a receiving water to exceed (a) or to increase
the turbidity levels of a receiving water that already exceeds (a). The permittee shall
demonstrate compliance with this condition in one of the following ways:
i. Collect and analyze a grab sample at the stormwater outfall. If the grab sample is
below (a), then the permittee shall be considered to have met the turbidity
requirements of this permit. If the grab sample exceeds (a), then the permittee may
demonstrate compliance with the turbidity requirements of this permit as listed in
(ii) or (iii) below during the same storm event or the next measurable storm event
that meets F(6)(a).
ii. Collect and analyze a grab sample immediately downstream of the discharge point.
If the grab sample is below (a), then the permittee shall be considered to have met
the turbidity requirements of this permit. If the grab sample exceeds (a), then the
permittee may demonstrate compliance with the turbidity requirements of this
permit as listed in (iii) below during the same storm event or the next measurable
storm event that meets F(6)(a).
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iii. Collect and analyze grab samples both upstream and downstream of the discharge
point. If the data demonstrates that the discharge has not increased the turbidity of
the receiving stream, then the permittee shall be considered to have met the
turbidity requirements of this permit.
(c) The results of sampling conducted pursuant to (b) above shall be reported on the DMR.
(d) The permittee may contact the Regional Office for assistance in determining the best
instream sample point. The Regional Office may also require the permittee to relocate
self-established instream sample points if appropriate.
(e) Failure to demonstrate compliance with this condition shall require a tiered response
for that outfall.

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PART I: SUBMITTAL OF DISCHARGE MONITORING REPORTS (DMRs)

I-1. Deadlines for Submittal of Discharge Monitoring Reports
Discharge Monitoring Reports (DMRs) shall be submitted in accordance with Table 11
below. For COCs issued between March 1-31, June 1-30, September 1-30 or Dec 1-31,
sampling shall not commence until the next sampling period following initial issuance of the
COC.

Table 11: Reporting Requirements
Monitoring Period DMR Type Deadline Notes
Jul 1, 2021 – Sep 30, 2021 Paper1 Jan 31, 2022
Oct 1, 2021 – Dec 31, 2021 Paper1 Jan 31, 2022
Jan 1, 2022 – Mar 30, 2022 Paper1 Jul 31, 2022 The deadline to register in
eDMR is Jan 1, 2022
April 1, 2022 – Jun 30, 2022 Paper1 Jul 31, 2022
Jul 1 – 2022 – Sep 30, 2022
and all subsequent monitoring
periods
Electronic2
30 Days after
the monitoring
period ends
The deadline to report in
eDMR is Jun 1, 2022
1 Paper DMRs will be submitted in accordance with I-2.
2 Electronic DMRs will be submitted in accordance with I-3.

I-2. Submittal Process before Electronic Discharge Monitoring Reporting (eDMR)
Prior to eDMR, samples analyzed in accordance with the terms of this General Permit shall be
reported as follows:
(a) Sample results shall be recorded on Discharge Monitoring Report (DMR) forms
provided by the Director. DMR forms are available on the Division’s website
https://deq.nc.gov/about/divisions/energy-mineral-land-resources/npdes-
industrial-stormwater.)
(b) DMRs shall be signed and certified by a person meeting the Signatory requirements in
K-1.
(c) Original, signed DMR forms shall be scanned and uploaded to the electronic DMR
submittal form, which can be found by typing “deq.nc.gov/SW-Industrial” into a
browser window and hitting “enter.”
(d) Then, the original signed DMR Forms shall be mailed or otherwise delivered to the
appropriate Regional Office, which is indicated at:
https://deq.nc.gov/contact/regional-offices/.

I-3. Submittal Process after Electronic Discharge Monitoring Reporting (eDMR)
Unless otherwise informed by the Director, permittees shall register in eDMR prior to
January 1, 2022 and shall begin reporting discharge monitoring data using eDMR prior to
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July 1, 2022. Information about eDMR can be found by typing
“https://deq.nc.gov/deq.nc.gov/sw-edmr” into a browser window and hitting “enter.”

I-4. Results Below Detection Limits
When results are below detection limit, they shall be reported in the format, “<XX mg/L,”
where XX is the numerical value of the detection limit.

I-5. Occurrences of No Discharge
If no discharge occurs during the sampling period, the permittee must record within 30
days of the end of the sampling period in the facility’s monitoring records. “No Flow” or “No
Discharge” shall be reported on the Discharge Monitoring Report (DMR).

I-6. Reports if More Frequent Monitoring Has Occurred
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, the results of such monitoring shall be included in the data submitted on
the DMR. Analytical results within the monitoring period shall be submitted no later than 30
days from the date the facility receives all the sampling results. For purposes of benchmark
comparison and Tiered response actions, the permittee shall use the analytical results from the
first sample with valid results. Permittee is encouraged to take more samples than required by
permit during a monitoring period to help identify potenti al causes of exceedance(s). When
taking additional samples, permittee may not use the additional sample with lowest results for
compliance purposes to avoid taking actions to identify causes of parameter exceedances.
Additional sampling is only for informational purposes.

I-7. Report if Begin Discharging to a Waterbody Not Listed in the Certificate of Coverage
The permittee shall request a modification to the COC the Division prior to discharging to a
new SDO to a waterbody that is not listed on the most current COC for the mine to request a
modification of the COC.

I-8. Qualitative Monitoring Reports
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 shall not be submitted to the Division, except
upon the Division’s specific requirement to do so. Qualitative Monitoring Report forms are
available the Division’s website (https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/npdes-stormwater-gps).

I-9. Monitoring Report Retention
Copies of the following reports shall be maintained on-site or be available electronically to
the Division upon request. These records or copies shall be maint ained 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 [40 CFR
122.41].
(a) Calibration and maintenance records,
(b) Original strip chart recordings for continuous monitoring instrumentation,
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(c) Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report
submissions,
(d) Visual monitoring records, and
(e) Copies of all data used to complete the Notice of Intent to be covered by this General
Permit.

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PART J: OTHER OCCURENCES THAT MUST BE REPORTED

After becoming aware of an occurrence that must be reported, the permittee shall contact the
appropriate Division regional office within the timeframes and in accordance with the other
requirements listed in Table 12 below. Occurrences outside normal business hours may also be
reported to the Department’s Environmental Emergency Center personnel at [phone].

The reporting requirements are listed in Table 7 below.

Table 12: Other Occurrences that Shall Be Reported
Occurrence Reporting Timeframes (After Discovery) and
Other Requirements
Visible sediment deposition in a
stream or wetland

i. Within 24 hours, an oral or electronic notification.
ii. Within 7 calendar days, a report that contains a
description of the sedimentation event and permittee
actions taken to address it.

Oil spills if they are:
 25 gallons or more,
 less than 25 gallons but cannot
be cleaned up within 24 hours,
 cause sheen on surface waters
(regardless of volume), or
 are within 100 feet of surface
waters (regardless of volume).
iii. Within 24 hours, an oral or electronic notification. The
notification shall include information about the date, time,
nature, volume and location of the spill or release.
Releases of hazardous substances
in excess of reportable quantities
under Section 311 of the Clean
Water Act Ref: 40 CFR 110.3and
40 CFR 117.3) or section 102 of
CERCLA (Ref: 40 CFR 302.4) or
G.S. 143-215.85
iv. Within 24 hours, an oral or electronic notification. The
notification shall include information about the date, time,
nature, volume and location of the spill or release.
Anticipated bypasses [40 CFR
122.41(m)(3)]
v. A report at least ten days before the date of the bypass,
if possible. The report shall include an evaluation of the
anticipated quality and effect of the bypass.
Unanticipated bypasses [40 CFR
122.41(m)(3)]
vi. Within 24 hours, an oral or electronic notification.
vii. Within 7 calendar days, a report that includes an
evaluation of the quality and effect of the bypass.
Noncompliance with the
conditions of this permit that may
endanger health or the
environment. [40 CFR
122.41(l)(7)]
viii. Within 24 hours, an oral or electronic notification.
ix. Within 7 calendar days, a report that contains 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 noncompliance is expected to continue;
and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. [40 CFR
122.41(l)(6).
x. Division staff may waive the requirement for a written
report on a case-by-case basis.
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PART K: PERMIT ADMINISTRATION

K-1. Signatory Requirements
All applications, reports, or information submitted to the Permitting Issuing Authority shall
be signed and certified [40 CFR 122.41(k)].

(a) All Notices of Intent to be covered under this General Permit shall be signed as follows:
i. For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary,
treasurer or vice president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing,
production, or operating facilities, provided, the manager is authorized to make
management decisions which govern the operation of the regulated facility
including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other
comprehensive measures to assure long term environmental compliance with
environmental laws and regulations; the manager can ensure that the necessary
systems are established or actions taken to gather complete and accurate
information for permit application requirements; and where authority to sign
documents has been assigned or delegated to the manager in accordance with
corporate procedures.
ii. For a partnership or sole proprietorship: by a general partner or the
proprietor, respectively; or
iii. For a municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official [40 CFR 122.22].

(b) All reports required by the General Permit and other information requested by
the Permit Issuing Authority shall be signed by a person described in paragraph
a. above or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
i. The authorization is made in writing by a person described above;
ii. The authorization specified either an individual or a position having
responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and
iii. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22].

(c) Changes to authorization: If an authorization under paragraph (b) of this section is
no longer accurate because a different individual or position has responsibility for
the overall operation of the facility, a new authorization satisfying the requirements
of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an
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authorized representative [40 CFR 122.22]

(d) Any person signing a document under paragraphs a. or b. of this section, or
submitting an electronic report (e.g., eDMR), shall make the following
certification [40 CFR 122.22]. No other statements of certification will be
accepted.
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed to
assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."

K-2. General Permit Expiration
General permits will be effective for a term not to exceed five years, at the end of which the
Division may renew them after all public notice requirements have been satisfied. If a
general permit is renewed, existing permittees do not need to submit a renewal request or
pay a renewal fee unless directed by the Division. New applicants seeking coverage under a
renewed general permit must submit a Notice of Intent (NOI) to be covered and obtain a
Certificate of Coverage under the renewed general permit [15A NCAC 02H .0127(e)].

K-3. 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(l)]. This notification requirement includ es pollutants which are
not specifically listed in the General Permit or subject to notification requirements under 40
CFR Part 122.42 (a).

K-4. Transfers
This General Permit is not transferable to any person without prior written notice to and
approval from the Director in accordance with 40 CFR 122.61. The Director may condition
approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and
may require modification or revocation and reissuance of the Certificate of Coverage, or a
minor modification, to identify the new permittee and incorporate such other requi rements
as may be necessary under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute. The
Permittee is required to notify the Division in writing in the event the permitted facility is
sold or closed.

K-5. When an Individual Permit May be Required
The Director may require any owner/operator authorized to discharge under a Certificate
of Coverage issued pursuant to this General Permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director to
take action under this paragraph. Cases where an individual permit may be required
include, but are not limited to, the following:
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(a) The discharger is a significant contributor of pollutants;
(b) Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
general permit;
(c) The discharge violates the terms or conditions of this General Permit;
(d) A change has occurred in the availability of demonstrated technology or
practices for the control or abatement of pollutants applicable to the point
source;
(e) Effluent limitations are promulgated for the point sources covered by this General Permit;
(f) A water quality management plan containing requirements applicable to such point
sources is approved after the issuance of this General Permit;
(g) The Director determines at his or her own discretion that an individual permit is required.

K-6. When an Individual Permit May be Requested
Any permittee operating under this General Permit may request to be excluded from the
coverage of this General Permit by applying for an individual permit. When an individual
permit is issued to an owner/operator the applicability of this General Permit is
automatically terminated on the effective date of the individual permit.

K-7. General Permit Modification, Revocation and Reissuance, or Termination
The issuance of this General Permit does not prohibit the Permit Issuing Authority from
reopening and modifying the General Permit, revoking and reissuing the General Permit, or
terminating the General Permit as allowed by the laws, rules, and regulations contained in
Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et
al. After public notice and opportunity for a hearing, the General Permit may be terminated
for cause. The filing of a request for a General Permit modification, revocation and
reissuance, or termination does not stay any General Permit condition. The Certificate of
Coverage shall expire when the General Permit is terminated.

K-8. Certificate of Coverage Actions
Coverage under the General Permit may be modified, revoked and reissued, or terminated
for cause. The notification of planned changes or anticipated noncompliance does not stay
any General Permit condition [40 CFR 122.41(f)].

K-9. Requirement to Report Incorrect 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(l)(8)].

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K-10. Waivers from Electronic Reporting
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to
the facility being physically located in an area where less than 10 percent of the households
have broadband access, then a temporary waiver from the NPDES electronic reporting
requirements may be granted and discharge monitoring data may be submitted on paper
DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be
submitted to the mailing address above. See “How to Request a Waiver from Electronic
Reporting” section below.

The permittee may seek a temporary electronic reporting waiver from the Division. To
obtain an electronic reporting waiver, a permittee must first submit an electronic reporting
waiver request to the Division. Requests for temporary electronic reporting waivers must
be submitted in writing to the Division for written approval at least sixty (60) days prior to
the date the facility would be required under this permit to begin submitting monitoring
data and reports. The duration of a temporary waiver shall not exceed 5 years and shall
thereupon expire. At such time, monitoring data and reports shall be submitted
electronically to the Division unless the permittee re-applies for and is granted a new
temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request
may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.

Information on eDMR and the application for a temporary electronic reporting waiver are
found on the following web page: https://deq.nc.gov/about/divisions/water-
resources/edmr

K-11. Annual Administering and Compliance Monitoring Fee Requirements
The permittee must pay the administering and compliance monitoring fee within 30 (thirty)
days after being billed by the Division. Failure to pay the fee in timely manner in accordance
with 15A NCAC 2H .0105(b)(2) may cause this Division to initiate action to revoke coverage
under the General Permit.

K-12. 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.

K-13. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS l43-2l5.63 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. I f no
approved methods are determined capable of achieving minimum detection and reporting
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levels below the General Permit discharge requirements, then the most sensitive (method
with the lowest possible detection and reporting level) approved method must b e used.

K-14. 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.

K-15. 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 143-215.6B or in Section 309 of the Federal Clean Water Act.

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PART L: COMPLIANCE AND LIABILITY

L-1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater
discharges in accordance with the following schedule:
(a) Existing Facilities already operating but applying for permit coverage for the first
time: The Stormwater Pollution Prevention Plan shall be developed and
implemented within 6 months of the effective date of the Certificate of Coverage
and updated thereafter on an annual basis. Secondary containment, as specified in
Part III of this General Permit, shall be accomplished within 12 months of the
effective date of the issuance of the Certificate of Coverage.
(b) New Facilities applying for coverage for the first time: The Stormwater Pollution
Prevention Plan shall be developed and implemented prior to the beginning of
discharges from the operation of the industrial activity and be updated thereafter
on an annual basis. Secondary containment, as specified in Part III of this General
Permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
(c) Existing facilities previously permitted and applying for renewal under this General
Permit: All requirements, conditions, limitations, and controls contained in this
permit (except new SWPPP elements in this permit renewal) shall become effective
immediately upon issuance of the Certificate of Coverage. New elements of the
Stormwater Pollution Prevention Plan for this permit renewal shall be developed
and implemented within 6 months of the effective date of this General Permit and
updated thereafter on an annual basis. Secondary containment, as specified in Part
III of this General Permit shall be accomplished prior to the beginning of discharges
from the operation of the industrial activity.

L-2. Duty to Comply
The permittee must comply with all conditions of this General Permit. Any permit
noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for
enforcement action; for permit termination, revocation and reissuance, or modification; or
denial of a permit upon renewal application [40 CFR 122.41].
(a) The permittee shall comply with standards or prohibitions established under section
307(a) of the CWA for toxic pollutants within the time provided in the regulations
that establish these standards or prohibitions, even if the General Permit has not yet
been modified to incorporate the requirement [40 CFR 122.41].
(b) The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308,
318 or 405 of the Act, or any permit condition or limitation implementing any such
sections in a permit issued under section 402, or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act,
is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC
1319(d) and 40 CFR 122.41(a)(2)].
(c) The CWA provides that any person who negligently violates sections 301, 302, 306,
307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of
such sections in a permit issued under section 402 of the Act, or any requirement
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imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8)
of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation,
or imprisonment of not more than 1 year, or both. In the case of a second or
subsequent conviction for a negligent violation, a person shall be subject to criminal
penalties of not more than $50,000 per day of violation, or by imprisonment of not
more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)].
(d) Any person who knowingly violates such sections, or such conditions or limitations
is subject to criminal penalties of $5,000 to $50,000 per day of violation, or
imprisonment for not more than 3 years, or both. In the case of a second or
subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not
more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)].
(e) Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405
of the Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of the Act, and who knows at that time that he
thereby places another person in imminent danger of death or serious bodily injury,
shall, upon conviction, be subject to a fine of not more than $250,000 or
imprisonment of not more than 15 years, or both. In the case of a second or
subsequent conviction for a knowing endangerment violation, a person shall be
subject to a fine of not more than $500,000 or by imprisonment of not more than 30
years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA,
shall, upon conviction of violating the imminent danger provision, be subject to a
fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or
subsequent convictions [40 CFR 122.41(a)(2)].
(f) Under state law, a civil penalty of not more than $25,000 per violation may be
assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit [North Carolina General Statutes § 143-
215.6A].
(g) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $20,628 per violation, with the maximum amount of any Class I penalty
assessed not to exceed $51,570. Penalties for Class II violations are not to exceed
$20,628 per day for each day during which the violation continues, with the
maximum amount of any Class II penalty not to exceed $257,848. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)].

L-3. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this General Permit which has a reasonable likelihood of adversely affecting
human health or the environment [40 CFR 122.41(d)].

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L-4. Civil and Criminal Liability
Except as provided in Part V, Section C of this General Permit regarding bypassing of
stormwater control facilities, nothing in this permit shall be construed to relieve the
permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to
NCGS l43-2l5.3, l43-2l5.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the
permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.

L-5. Oil and Hazardous Substance Liability
Nothing in this General Permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to w hich the
permittee is or may be subject to under NCGS l43-2l5.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321.

L-6. Property Rights
The issuance of this General Permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local
laws or regulations [40 CFR 122.41(g)].

L-7. Severability
The provisions of this General Permit are severable, and if any provision of this General
Permit, or the application of any provision of this General Permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of
this General Permit, shall not be affected thereby [NCGS 150B-23].

L-8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating the General Permit issued
pursuant to this General Permit or to determine compliance with this General Permit. The
permittee shall also furnish to the Permit Issuing Authority upon request, copies of records
required to be kept by this General Permit [40 CFR 122.41(h)].

L-9. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
General Permit shall, upon conviction, be punished by a fine of not more than $l0,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or
by imprisonment of not more than 4 years, or both [40 CFR 122.41].

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L-10. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this General Permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$l0,000 per violation, or by imprisonment for not more than two years per violation, or by
both [40 CFR 122.41].

L-11. Onshore or Offshore Construction
This General Permit does not authorize or approve the construction of any onshore or
offshore physical structures or facilities or the undertaking of any work in any navigable
waters.

L-12. Duty to Reapply
Dischargers covered by this General Permit need not submit a new Notice of Intent (NOI) or
renewal request unless so directed by the Division. If the Division chooses not to renew this
General Permit, the permittee will be notified to submit an application for an individual
permit [15A NCAC 02H
.0127(e)].

L-13. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representat ive 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:
(a) Enter upon the permittee's premises where a regulated facility or activity is located
or conducted, or where records must be kept under the conditions of this General
Permit;
(b) Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this General Permit;
(c) Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
General Permit; and
(d) Sample or monitor at reasonable times, for the purposes of assuring permit
compliance or as otherwise authorized by the Clean Water Act, any substances or
parameters at any location [40 CFR 122.41(i)].

L-14. Need to Halt or Reduce Not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this General Permit [40 CFR 122.41(c)].

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PART M: DEFINITIONS

Additional definitions for the NPDES Program may be found in federal rule at 40 CFR Part 122.2
and in the effluent limitation guidelines for the Mineral Mining and Processing Point Source
Category at 40 CFR Part 436.

Act
See Clean Water Act.

Adverse Weather
Weather conditions are those that are dangerous or create inaccessibility for personnel,
such as local flooding, high winds, or electrical st orms, or situations that otherwise make
sampling impractical. When adverse weather conditions prevent the collection of samples
during the sample period, the permittee must take a substitute sample or perform a visual
assessment during the next qualifying storm event. Documentation of an adverse event
(with date, time and written narrative) and the rationale must be included with your
SWPPP records. Adverse weather does not exempt the permittee from havin g to file a
monitoring report in accordance with the sampling schedule. Adverse events and failures to
monitor must also be explained and reported on the relevant DMR.

Allowable Non-Stormwater Discharges
This General Permit regulates stormwater discharges. Non-stormwater discharges which
shall be allowed in the stormwater conveyance system include:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) Uncontaminated groundwater, foundation drains, air-conditioner condensate without
added chemicals, springs, discharges of uncontaminated potable water, waterline and fire
hydrant flushings, water from footing drains, irrigation waters, flows from riparian
habitats and wetlands.
(c) Discharges resulting from fire-fighting or fire-fighting training, or emergency shower or
eye wash as a result of use in the event of an emergency.

Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters.
BMPs may take the form of a process, activity, or physical structure. More information on
BMPs can be found at: http://cfpub.epa.gov/npdes/stormwater/menuofbmps/index.cfm.

Bulk Storage of Liquid Materials
Liquid raw materials, in-process liquids and reactants, manufactured products, waste
materials or by-products contained in a single above ground container, tank, or vessel
having a capacity of greater than 660 gallons or contained in multiple above ground
containers, tanks, or vessels located in close proximity to each other having a total
combined capacity of greater than 1,320 gallons.

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Bypass
The known diversion of stormwater from any portion of a control facility including the
collection system, or the diversion of waste streams from any portion of a treatment facility
including the collection system, which is not a designed or established operating mode for
the facility.

Certificate of Coverage
The Certificate of Coverage (COC) is the cover sheet which accompanies a general permit
upon issuance and lists the facility name, location, receiving stream, river basin, effective
date of coverage under the general permit and is signed by the Director.

Clean Water Act
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as
amended, 33 USC 1251, et. seq.

Division
The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality
(DEQ), formerly the Department of Environment and Natural Resources.

Director
The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing
authority.

EMC
The North Carolina Environmental Management Commission.

Grab Sample
An individual sample collected instantaneously. Grab samples that will be analyzed
(quantitatively or qualitatively) should be taken within the first 30 minutes of discharge.

Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean
Water Act.

High Quality Waters (HQW)
Supplemental North Carolina water quality classification intended to protect waters which are
rated excellent based on biological and physical/chemical characteristics through Division
monitoring or special studies, or HQW by definition:
(a) Water Supply Watershed I (WS-I),
(b) Water Supply Watershed II (WS-II),
(c) Water Supply Watershed III(WS-III),
(d) SA waters (commercial shellfish),
(e) Outstanding Resource Waters (ORW),
(f) Primary Nursery Areas and other functional nursery areas designated by Marine Fisheries
Commission, or
(g) Waters for which the Division of Water Resources has received a petition for
reclassification to either WS-I or WS-II.

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Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall.

Mine Dewatering
See Code of Federal Regulations for definition applicable to specific mineral mining
subcategories in 40 CFR Part 436. The term “mine dewatering” (wastewat er) means any
water that is impounded or that collects in the mine and is pumped, drained, or otherwise
removed from the mine through the efforts of the mine operator. For the Construction Sand
and Gravel Subcategory and Industrial Sand Subcategory, “mine dewatering” also includes
wet pit overflows caused solely by direct rainfall and ground water seepage. In this context,
and also from 40 CFR Part 436, the term “mine” means an area of land, surface or
underground, actively mined for the production of either crushed and broken stone
(Crushed Stone Subcategory), sand and gravel (Construction Sand and Gravel, Industrial
Sand Subcategories), or other mine product, from natural deposits.

Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such
as a city or town.

Notice of Intent
The state application form which, when submitted to the Division, officially indicates the
facility's notice of intent to seek coverage under a general permit.

Outstanding Resource Water (ORW)
Supplemental North Carolina water quality classification intended to protect unique and special
waters having excellent water quality and being of exceptional state or national, ecological or
recreational significance. To qualify, waters must be rated “excellent” by the NC Division of Water
Resources, and have one of the following outstanding resource values:
1. Outstanding fish habitat and fisheries,
2. Unusually high level of water based recreation or potential for such kind of recreation,
3. Some special designation such as N.C. Scenic/Natural River, or National Wildlife Refuge,
4. Important component of state or national park or forest; or
5. Special ecological or scientific significance (rare or endangered species habitat, research
or educational areas).

All ORWs are also considered High Quality Waters (HQW) by supplemental classification.

Permit Issuing Authority
The Director of the Division of Energy, Mineral, and Land Resources (see “Director” above).

Permittee
The owner or operator issued a Certificate of Coverage pursuant to this General Permit.

Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to,
any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is
or may be discharged to waters of the state.

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Primary Nursery Area (PNA)
Areas in the estuarine system that provide essential habitat for the early development of
commercially important fish and shellfish as defined by the NC Marine Fisheries Commission.
These areas are usually located in the uppermost sections of a system where populations are
uniformly very early juveniles. The Division of Marine Fisheries is responsible for preserving,
protecting and developing Primary Nursery Areas for commercially important finfish and shellfish.

Process Wastewater
Any water which, during manufacturing or processing, comes into direct contact with or
results from the production or use of any raw material, intermediate product, finished
product, byproduct, or waste product See Code of Federal Regulations in 40 CFR Part 122.2.

Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is
representative of the discharges at multiple outfalls, the Division’s Regional Office may
grant representative outfall status. Representative outfall status (ROS) allows the permittee
to perform analytical monitoring at a reduced number of outfalls.

SA
Primary North Carolina water quality classification to protect tidal salt waters that are used for
commercial shellfishing or marketing purposes and are also protected for all Class SC and Class SB
uses. All SA waters are also HQW by supplemental classification.

SB
Primary North Carolina water quality classification intended to protect tidal salt waters for all SC
uses in addition to primary recreation. Primary recr eational activities include swimming, skin
diving, water skiing, and similar uses involving human body contact with water where such
activities take place in an organized manner or on a frequent basis.

SC
Primary North Carolina water quality classification intended to protect tidal salt waters for
secondary recreation such as fishing, boating, and other activities involving minimal skin contact;
fish and noncommercial shellfish consumption; aquatic life propagation and survival; and wildlife.

Secondary Containment
Spill containment for the contents of the single largest tank within the containment
structure plus sufficient freeboard to contain the 25-year, 24-hour storm event.

Section 313 Water Priority Chemical
A chemical or chemical category which:
(a) Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning
and Community Right- to-Know Act of 1986;
(b) Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
(c) Meets at least one of the following criteria:
 Is listed in appendix D of 40 CFR Part 122 on Table II (organic priority pollutants), Table
III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
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 Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40
CFR 116.4; or
 Is a pollutant for which EPA has published acute or chronic water quality criteria.

Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them
to become inoperable, or substantial and permanent loss of natural resources which can
reasonably be expected to occur in the absence of a bypass. Severe property damage does
not mean economic loss caused by delays in production.

Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of
reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40
CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4).

Stormwater Discharge Associated with Industrial Activity
This term is defined in 40 CFR 122.26(14).

Stormwater Control Measure (SCM)
A permanent structural device that is designed, constructed, and maintained to remove
pollutants from stormwater runoff by promoting setline or filtration; or to mimic the
natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration
discharge, reuse of stormwater, or a combination thereof.

Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance,
including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or
channelized collection areas, from which stormwater flows directly or indirectly into waters
of the State of North Carolina.

Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.

Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater
and which is directly related to manufacturing, processing or raw material storage areas at
an industrial site. Facilities considered to be engaged in "industrial activities" include those
activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from
facilities or activities excluded from the NPDES program.

Stormwater Pollution Prevention Plan (SWPPP)
A comprehensive site-specific plan which details measures and practices to reduce
stormwater pollution and is based on an evaluation of the pollution potential of the site.

Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all
seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of
North Carolina can be found at http://portal.ncdenr.org/web/wq/ps/mtu/tmdl.
Permit No. NCG020000

Page 48 of 48

Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(l) of the Clean Water Act.

Trout Water (Tr)
Supplemental NC water quality classification intended to protect freshwaters for natural trout
propagation and survival of stocked trout on a year round basis. This is not the same as the NC
Wildlife Resources Commission’s Designated Public Mountain Trout Waters.

Upset
An exceptional incident in which there is unintentional and temporary noncompliance with
technology-based permit effluent limitations because of factors beyond the reasonable control of
the permittee. An upset does not include noncompliance to the extent caused by operational error,
improperly designed treatment or control facilities, inadequate treatment or control facilities, lack
of preventive maintenance, or careless or improper operation.

Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.

Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by
water, air, gravity, or ice from its site of origin which can be seen with the unaided eye.

25-year, 24-hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the
average, once in 25 years.

STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020467
STORMWATER DISCHARGES AND WASTEWATER DISCHARGES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
B V Hedrick Gravel and Sand Company
is hereby authorized to operate wastewater treatment system(s) and discharge
stormwater and/or wastewater (as per original approval or subsequent modifications),
from a facility located at:
South McDowell Quarry
Old Glenwood Rd
Marion
McDowell County
to receiving waters designated as North Muddy Creek, class C waters in the Catawba River
Basin(s), in accordance with the effluent limitations, monitoring requirements, and other
conditions set forth in General Permit No. NCG020000 which can be downloaded by
entering "deq.nc.gov/SW-industrial" in the browser window and navigating to the "NPDES
Stormwater General Permits" web page.
This certificate of coverage shall become effective July 1, 2021.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
for Brian Wrenn
Director, Division of Energy, Mineral and Land Resources
By the Authority of the Environmental Management Commission
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
JG1/2 6/2 023
PROTECTED TROUT WATERS MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_TROUT_WATERSHED_MAP.mxd 1/26/2023 3:25 PM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 2,300 4,6001,150
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8 Acres)
Ecological Investigation Area (~1.5 Acres)
Protected Trout Watersheds
1DRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 2,3 00 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY,ACCESSED 1/26/2023, IMAGERY DATE: 3/3/2018.
2. TROUT WATERSHED INFORMATION OBTAINED FROMUNITED STATES ARMY CORPS OF ENGINEERS (USACE)WEBSITE.
!(
!(
1310
1300
1290
1280
127
0
1
2
6
0
1
2
8
0
1
2
7
0
1
2
6
0
1250
1
2
4
0
1260
1250
1
2
3
0
1
2
2
0
1260
125 0
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
JST3/14/2023
PROPOSED IMPACTS MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG8_IMPACTS_MAP.mxd 3/14/2023 1:59 PM (jturner)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 100 20050
SCALE IN FEET
Mine Property Boundary(~99.8 Acres)
Approx. Stream Impacts(481 LF)
Approximate Limits ofImpact (~3.6 AC)
!(Ex. Culvert
10' Contours
2' Contours
8DRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 100 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. ESRI WORLD IMAGERY / AR CGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY, ACCESSED 3/14/2023, IMAGERY DATE: 3/3/2018.
2. CONTOURS DERIVED FROM NORTH CAROLINAONLINE DATA SOURCE.
3. CEC'S STREAM DELINEATION TOOK PLACEON MAY 16, 2022 AND HAS RECIVED VERBALVERIFICATION BY USACE PM AMANDAFUEMMELER
4. SURVEY COLLECTED BY B.V. HEDRICK INFEBRUARY, 2023.
SA1 (~383 LF)NCSAM Quality: LOWOHWM Average: 3.7'Total Area: 1,417 SF / 0.03 AC
30"x34" SquareStone Culvert
48" RCP
!(
!(
!(
!(
!(
!(
!(
!(
!(!(
!(!(
!(
!(
!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(
!(
!(!(!(!(!(!(
Site Name: Gardin - Haney Cabin(Oak Grove)Site ID: MC0083
Site Name: Abraham Gardin House (SL: 1987)Site ID: MC0096
Site Name: Geor ge Gardin House (Mountain Valley) (SL: 1998)Site ID: MC0082
Site Name: Lewis A. Hanley House (SL: 1998)Site ID: MC0084
Site Name: A. P. Poteat House(SL: 1999)Site ID: MC0086
Site Name: Bridge # 281Site ID: MC0130
Site Name: Coats Log HouseSite ID: MC0137
Site Name: B. G. Hensley House(DOE: 2003)Site ID: MC0087
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
JG1/2 6/2 023
CULTURAL RESOURCES MAP
P:\2019\192-635\-GIS\Maps\Additional Mapping\192635_SITE1_CULTURAL_RESOURCES_MAP.mxd 1/26/2023 4:05 PM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 2,000 4,0001,000
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8 Acres)
Ecological Investigation Area (~1.5 Acres)
!(NC SHPO Resource Location
2DRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 2,0 00 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY,ACCESSED 1/26/2023, IMAGERY DATE: 3/3/2018.
2. NC HISTORIC PRESERVATION INFORMATION OBTAINEDFROM NC DEPARTMENT OF NATURAL AND CULTURAL RESOURCES WEBSITE, UPDATED 12/6/2022.
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
HLS6/2 /20 22
SITE 1 VICINITY MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG1A_VICINITY_MAP.mxd 6/2/2022 9:38 AM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 2,000 4,0001,000
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8 Acres)
Ecological Investigation Area (~1.5 Acres)
1ADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 2,0 00 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTESESRI STREET IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY,ACCESSED 6/3/2022, IMAGERY DATE: 1/14/2021.
APPROXIMATE SITE LOCATION
Site 1: McDowell Quarry
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
HLS6/2 /20 22
SITE 1: USGS TOPOGRAPHIC MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG2A_USGS_TOPO_MAP.mxd 6/2/2022 9:42 AM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 2,000 4,0001,000
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8 Acres)
Ecological Investigation Area (~1.5 Acres)
2ADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 2,0 00 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. USA_TOPO_MAPS:HTTP://GOTO.ARCGISONLINE.COM/MAPS/
2. U.S.G.S. 7.5 MINUTE TOPOGRAPHIC MAP:MARION EAST, NORTH CAORLINAQUADRANGLE, PUBLISHED 1964.ACCESSED 6/3/2022.
APPROXIMATE SITE LOCATION
172000017115
172000017115
172000017115
172000017115
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
HLS6/2 /20 22
SITE 1: AERIAL MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG3A_AERIAL_MAP.mxd 6/2/2022 10:00 AM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 700 1,400350
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8 Acres)
Ecological Investigation Area (~1.5 Acres)
3ADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 700 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTESESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY,ACCESSED 6/3/2022, IMAGERY DATE: 3/3/2018.
APPROXIMATE SITE LOCATION
EwE
HeD
HeD
HeD
HcC2
HcC2
HcC2
HcC2
HcC2
HeD
HcC2
HeD
CoA
CoA
HcC2
CoA
HeD
HcC2
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
HLS6/2 /20 22
SITE 1: NRCS CURRENT SOILS MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG4aA_CURRENT_SOILS_MAP.mxd 6/2/2022 10:02 AM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 700 1,400350
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8Acres)
Ecological Investigation Area(~1.5 Acres)
Soil Map Unit
4aADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 700 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY,ACCESSED 6/3/2022, IMAGERY DATE: 3/3/2018.
2. U.S.D.A., N.R.C.S. SOIL SURVEY GEOGRAPHIC (SSURGO)DATABASE. 2018.
Map Symbol Unit Description Hydric Status Acres
CoA Colvard loam, 0 to 2 percent slopes, occasionally flooded Predominately Nonhydric 2.0EwEEvard-Cowee complex, 25 to 60 percent slopes Nonhydric 28.9HcC2Hayersville clay loam, 6 to 15 percent slopes, eroded Nonhydric 18.5HeDHayesville-Evard complex, 15 to 25 percent slopes Nonhydric 50.4
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
HLS6/2 /20 22
SITE 1: NRCS PUBLISHED SOILS MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG4bA_PUBLISHED_SOILS_MAP.mxd 6/2/2022 10:05 AM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 700 1,400350
SCALE IN FEET
LEGEND
Mine Property Boundary (~99.8Acres)
Ecological Investigation Area(~1.5 Acres)
NRCS Published Streams
4bADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 700 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTESU.S.D.A., N.R.C.S.SOIL SURVEY GEOGRAPHIC (SSURGO) DATABASE FORMCDOWELL COUNTY, NORTH CAROLINA.PUBLISHED 1995, AERIAL IMAGE 1976.
Map Symbol Unit Description Hydric Status Acres
CoA Colvard loam, 0 to 2 percent slopes, occasionally flooded Predominately Nonhydric 1.16EwEEvard-Cowee complex, 25 to 60 percent slopes Nonhydric 31.60HcC2Hayersville clay loam, 6 to 15 percent slopes, eroded Nonhydric 21.22HeDHayesville-Evard complex, 15 to 25 percent slopes Nonhydric 45.82
1550
1500
1450
1400
1350
1 3 9 0
1360
1320
1 2 6 0
1250
1240
1230
1520
1490
1 3 4 0
1330
1380
1300
1360
1 3 4 0
1250
1 3 0 0
1290
1280
1260
1500
1
4
1
0
1240
1
2
2
0
14001380
13 0 0
1280
1
3
1
0
1280
1 3 0 0
1 2 9 0
1290
1270
1280
1260
1 2 6 0
1250
1
2
8
0
1
2
7
0
1510
1400
1
3
2
0
1 2 9 0
1450
1550
1230
1550
1250
1
5
7
0
1270 1
2
5
0
1560
1420
1410
1340
1270
1260
1510
1480
1440
1420
1
4
3
0
1
2
6
0
1270
1260
1240
1
2
5
0
1230
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
HLS6/2 /20 22
SITE 1: NATIONAL WETLAND INVENTORY (NWI), NATIONAL HYDROGRAPHY DATASET (NHD), & FEMA MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG5A_WATERS_MAP.mxd 6/2/2022 10:12 AM (jgonzalez)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 600 1,200300
SCALE IN FEET
LEGEND
Ecological Investigation Area(~1.5 Acres)
Mine Property Boundary(~99.8 Acres)
NWI R esources
NHD Lakes/Ponds
NHD Streams/Rivers
100 Year Floodplain
10' Contours
2' Contours
5ADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 550 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY, ACCESSED 6/3/2022,IMAGERY DATE: 3/2/2018.
2. CONTOURS DERIVED FROM NORTH CAROLINAONLINE DATA SOURCE.
3. NATIONAL HYDROGRAPH DATASET (NHD) - NORTH CAROLINA, PUBLISHED 6/16/2020.
4. U.S.F.W.S. NATIONAL WETLANDS INVENTORY(NWI) DATA BY STATE - NORTH CAROLINA.
5. FEMA NATIONAL FLOOD HAZARD LAYER (NFHL)FOR NORTH CAROLINA - DATED 10/2/2008.
#*
!(
!(
F
F
F
F
F
F
F
SCP1
13 6 0
1 3 5 0
1 3 4 0
13 3 0
1 3 2 0
1 3 1 0
1 3 00
128
0
1260
1250
1240
1290
1270
1300
1290
1280
1270
1260
1250
1290
1 2 8 0
1 2 7 0
1280
1270
1260
1250
1
2
3
0
1
2
2
0
1
3
7
0
1
2
4
0
1
2
6
0
1340
1270
1 280
1260
1260
1240
1 2 3 0
125 0
1
2
3&4
7&8
9
FIGURE NO:
HEDRICK INDUSTRIESSOUTH MCDOWELL QUARRYMCDOWELL COUNTY, NORTH CAROLINA
JST3/14/2023
SITE 1: JURISDICTIONAL DETERMINATION MAP
P:\2019\192-635\-GIS\Maps\Site 1 McDowell Quarry\192635_SITE1_FIG6A_PJD_MAP.mxd 3/14/2023 1:55 PM (jturner)
3701 Arco Corporate Drive · Suite 400 · Charlotte, NC 28273(980) 237-0373 · [phone]www.cecinc.com
*Hand Signature on file
NORTH!a
0 200 400100
SCALE IN FEET
Mine Property Boundary(~99.8 Acres)
Ecological InvestigationArea (~1.5 Acres)
F Photo Points
#*Stream Collection Point
!(Ex. Culvert
Non-Wetland WaterIntermittent Flow
10' Contours
2' Contours
6ADRAWN BY:
DATE:
APPROVED BY:
PROJECT NO:1 " = 200 'KT KT192-635CHECKED BY:
SCALE:
REFERENCES AND NOTES1. ESRI WORLD IMAGERY / ARCGIS MAP SERVICE:HTTP://GOTO.ARCGISONLINE.COM/MAPS/WORLD_IMAGERY, ACCESSED 3/14/2023, IMAGERY DATE: 3/3/2018.
2. CONTOURS DERIVED FROM NORTH CAROLINAONLINE DATA SOURCE.
3. ON 6/23/22, CEC MET WITH USACE PM AMANDAFUEMMELER ON SITE AND RECEIVED A VERBALCONFIRMATION OF JURISDICTIONAL DETERMINATION.
NOTES:CEC'S STREAM DELINEATION TOOK PLACEON MAY 16, 2022 AND RECIEVED VERBALCONFIRMATION FROM USACE PMON SITE VISIT JUNE 23, 2022.
Non-Wetland Water: SA1Intermittent Flow (~383 LF)
30"x34" SquareStone Culvert
48" RCP
1
Turner, Jena
From:Turner, Jena
Sent:Friday, January 27, 2023 10:26 AM
To:[e-mail]
Cc:Thomas, Kevin
Subject:401/Buffer Pre-filing Request: South McDowell Quarry Expansion Project (CEC PN
192-635)
Attachments:192635_DWR PreFile_Project Submittal Interim Form_01242023.pdf
Please fill out the following information:
Project Name: South McDowell Quarry Expansion Project
County: McDowell
Applicant Name: Janelle Turner
Applicant Email: [e-mail]
Hello,
I initially submitted the Prefile Interim Form on 1/24. I received an email on 1/26 from the NCDENR Laserfiche program
that there had been a problem processing my application. Please see attached for the originally submitted form.
Please let me know if I can provide additional information to help with this application process.
Thank you,
Janelle (Jena) Turner | Project Manager
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Drive, Suite 400, Charlotte, NC 28273
direct 980.260.2050 office 980.237.0373 mobile [phone]
www.cecinc.com

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