HomeMy WebLinkAboutNCG020769_Modification Application_20231214 Dogwood LD, PLLC
WESTSIDE MINERALS MINE #54-52
December 8, 2023 NCj G 6 ZD _�6 1
Attn:Mike Lawyer
NCDEQ-DEMLR-Stormwater Section p p
1.612 Mail Service Center
Raleigh,NC 27699-3. I l� (�O V l�612 v
512 N.Salisbury Street, 5"Floor � l I' vnl d.-s C�r
Raleigh,NC 27604 t`� W
RE: Westside Minerals Mine NPDES NCG 02 L
Lagrange,Lenoir County
Dear Mr. Lawyer,
On behalf of Westside Minerals,LLC,we are submitting an updated discharge permit Notice for
General Permit for mines under NCG020000. The mine was last approved in 2019 for a
modification of 4o additional acres. As part of that mining approval,the USACE and NCDWR
asked we eliminate the discharge basin. The level spreader and rip-rap discharge was removed and
the mining permit was issued for the additional 4o acres. The plan moving forward is to prepare
for final reclamation on the large lake. In order to excavate the minimum 4-ft of depth,there are
portions of the pit where sand piles we're left behind after a hurricane where the operations could
not continue. So,in order to complete the final reclamation,dewatering is needed to remove that
material. Also,a permanent outlet structure would like to be established to maintain a recreational
lake. We have proposed an aluminum flashboard riser within an infiltration basin that was
proposed initially as part of the permit.
We have submitted an updated application,pumping plan, and site plans to match current
conditions. Please review the attached documents and let us know if you have any questions or
need additional information.
Regards;
Dogwood ID,PLLC
P 2785 � p
J.Branch Smith/PE
d0000 m
(910)-264-1071
Cc: Mary Ann Everett,Westside Minerals,LLC
(r)NOI-NCG02 Application (i)Copy of Wetland JD
(2)Current Mine Maps (1)20io NCG020769 Permit Letter
(i) USGS Map (t)NC SofS&(i)Mine Permit
Division of Energy, Mineral, and Land Resources Land Quality Section
National Pollutant Discharge Elimination System
NCG020000
This general permit covers STORMWATERAND/OR WASTEWATER DISCHARGES FOR AGENCY USE ONLY
associated with activities under SIC(Standard Industrial Classification)Code 14 Date Received
[Mineral Mining Industry]except for:peat mining, coal mining, metal mining, Year Monrh Day
oil and gas extraction, tourist gem mines, NCDOT borrow pits, in-stream sand
mining, and discharges from mining operations which ore intermixed on site Certificate of Coverage
with stormwater from concrete operations. You can find information on the
DEMLR stormwater Program at deq.nc.gov/SW.
Check# Amount
Directions: Print or type all entries on this application form. Send the original, Permit Assigned to
signed application with all required items listed in Item (9) below to: NCDEMLR
Stormwater Program,512 N.Salisbury St., 1612 MSC, Raleigh,NC 27699-1612.
The submission of this form does not guarantee coverage under the General Permit. Prior to coverage under this
General Permit a site inspection will be conducted.
1. Owner/Operator(to whom all permit correspondence will be mailed):
Name of legal organizational entity: Legally responsible person as signed in Item(10)below:
WESTSIDE MINERALS,LLC MARY ANN EVERETT
Street address: City: State and zip code:
3043 KENNEDY HOME ROAD LAGRANGE NC 28551
Telephone number: Email address:
(252)522-5260 Maryann@ewndg.com
2. Industrial facility(facility being permitted):
Facility name: Facility environmental contact:
ESTSIDE MINERALS Lynn Everett
Street address: City: State and zip code:
3043 KENNEDY HOME ROAD LAGRANGE NC 28551
Telephone Number: Email address:
(252)522-5260 Maryann@ecandg.com
Latitude of entrance: 35.228 N
Longitude of entrance: -77.721 W
Parcel Identification Number(PIN)
4-digit SIC code: Facility is: Date operation is to begin or began:
+48+ [:]New []Proposed ❑Existing
+a r��,ao
Brief description of the types of minerals mined at this facility:
Sam
Is this a processing-only facility for materials mined elsewhere? Is this an inactive mine site?
❑Yes ❑Yes
I]No ✓❑No
Does total area of this mine site include ready-mixed concrete plant and/or asphalt plant areas?
❑Yes,and has separate NPDES stormwater permits(provide permit numbers):
❑Yes,and does not have separate NPDES stormwater permits
❑� No
Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
(a Yes(please provide the Mining Permit Number)54-52
❑No(please indicate the status of the Mining Permit application)
Page 1 of 9
Are you applying for a discharge permit in the same location as a previously permitted mine?
ElYes(please provide permit number and mine name)
❑No
If the stormwater discharges to a municipal separate storm sewer system(MS4), name the operator of the MS4:
[D N/A
3. Consultant(if applicable):
Name of consultant: Consulting firm:
James B Smith Dogwood LD,PLLC
Street address: City: State and zip code:
205 Sierra Drive wm". NC 28409
Telephone number: Email address:
910.264.1071 dogwoodldptic@gmail.com
4. Development Activities and Buffers
Mining operation will precede development activities at this site:
❑Yes
0 No
Mine is located within one of the 20 Coastal Counties, and will it add more than 10,000 ft'of impervious surface:
[]Yes(to both)
No,this mine is within one of the 20 Coastal Counties,but will not at more than 10,000 ftz of impervious surface
❑No,this mine is not within one of the 20 Coastal Counties
Mine is in the Neuse,Tar-Pamlico,or Catawba River Basins,OR in the Randleman or Jordan Water supply Watersheds?
❑� Yes(specify size of stream buffers)50-ft
No
S. Mine Dewatering
Mine dewatering will occur at this site:
r❑Yes ❑No(mark N/A for the rest of this section)
Mine dewatering from this facility will be discharged to:
surface Waters and/or Wetlands
[]Other(specify)
❑Mine will not discharge dewatering to Surface Waters and/or Wetlands;specify how dewatering will occur and where
water will be directed:
❑N/A
Wetlands and/or Surface Waters are within 400'of the mine pit perimeter: 404/401 Certification permits required:
E]Yes(specify distance)100-ft []Yes(briefly describe)
❑No El No
❑N/A ❑N/A
Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
0 Yes(please attach to this application) []No
6. Wastewater Treatment
Will this facility wash mined materials?
EjYes [3No
Will discharges of process wastewater treatment systems occur(including possible recycle system overflows)
E]Yes(please describe)
❑No
Page 2 of 8
Will this facility employ chemical additives to flocculate suspended solids?
Yes(specify-name/manufactererlquantity-of-daily-ds --
(]No
Note:please visit:https://files.nc.gov/ncdeg/Water+Quality/Environmental+Sciences/ATU/PAM8 30 18.pdfforlistof
approved PAMS
Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that exceed the 10-yr,24-hr
rainfall event?
❑Yes(specify which systems)
0 No
Are wastewater treatment facilities(including recycle systems) planned in the 300-year flood plain?
❑Yes (]No
Wastewater Treatment Alternative Review as required by 15A NCAC 2H.0305(c)(2)
Types of wastewater this mine site will discharge: ❑Mine Dewatering ❑Process Wastewater
Types of wastewater considered for this alternative review: ❑Mine Dewatering ❑Process Wastewater
Are there existing sewer lines within a one-mile radius?
❑Yes
❑Wastewater treatment plant will accept wastewater
❑Is feasible to conned(explain)
❑Is not feasible to connect(explain)
❑Wastewater treatment plant will not accept wastewater(please attach letter documenting this)
❑No
Are you already proposing a closed loop recycle system(CLRS)that meetsdesign require tints of`15A NCAC—'2T 0000?
❑Yes,for dewatering
❑Yes,for process wastewater . P "
❑Yes,for both
❑No,this option.is-technologically feasible(explain)
❑No,this-4 ion is not t&M-6logicallyfeasible(explain)+ i
❑No,this option is otherwise feasible(explain) "sue
❑�No,this option is otherwise not feasible(explain) "
nat passe water •
What is the feasibility of building a CLRS compared to direct surface water discharge?
W for rnkw below water
Surface or Subsurface Disposal System
❑� A surface or subsurface disposal system is technologically feasible(explain)
Surface OischaW Wd sheet flow,mar vegetation aM fillertawards dHMaa
❑A surface or subsurface disposal system is not technologically feasible(explain)
❑A surface or subsurface disposal system is otherwise feasible to implement(explain)
❑A surface of subsurface disposal system is not otherwise feasible to implement(explain)
What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters?
Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options
for the wastewaters being considered?
Byes
❑No
Page 3 of 8
If this review included all wastewater discharge types,would excluding some types make any of the above non-discharge
options feasible for some the wastewaters?
❑Yes
0 No
7. Outfalls(s)At least one outfall is required to be eligible for coverage.
3-4 digit identifier: Name of receiving water: Classification: []This water is impaired.
1 UT Neuse River WSW,NSW Ibex k 77-(70.5) ❑This watershed has a TMDL.
Discharge from this outfall is from:
Elstormwater ❑mine Dewatering ❑Process Wastewater
Discharge occurs from this outfall:
❑Only during a rainfall event
❑� Intermittently(please indicate how often)see pumping plan
❑Continuously (please indicate flow in CFS)
Latitude of outfall: 35.226946
Longitude of outfall:.77.717464
Brief description of the industrial activities that drain to this outfall;
SAND ONLY
Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑Yes ❑r No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
❑This watershed has a TMDL.
Discharge from this outfall is from:
❑Storrnwater ❑mine Dewatering ❑Process Wastewater
Discharge occurs from this outfall:
❑Only during a rainfall event
❑Intermittently(please indicate how often)
[]Continuously (please indicate flow in CFS)
Latitude of outfall:
Longitude of outfall:
Brief description of the industrial activities that drain to this outfall:
Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑Yes ❑No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired.
❑This watershed has a TMDL
Discharge from this outfall is from:
❑Stormwater []mine Dewatering []Process Wastewater
Discharge occurs from this outfall:
❑Only during a rainfall event
❑Intermittently(please indicate how often)
❑Continuously (please indicate flow in CFS)
Latitude of outfall:
Longitude of outfall:
Brief description of the industrial activities that drain to this outfall:
Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑Yes ❑ No
If yes,how many gallons of new motor oil are used each month when averaged over the calendar year?
Page 4 of 8
All outfalls must be listed and at least one outfall is required.Additional outfalis may be added in the section
"Additional Outfalis"found on the last page of this NOI.
8. Other Facility Conditions(check all that apply and explain accordingly):
❑This facility has any other NPDES permits.If checked, list the permit numbers for all current NPDES permits:
❑This facility has Non-Discharge permits(e.g.recycle permit). If checked,list the permit numbers for all current Non-
Discharge permits:
❑✓ This facility uses best management practices or structural stormwater control measures.
If checked, briefly describe the practices/measures and show on site diagram:
INFILTRATION BASIN AND FLASHBOARD RISER
❑� This facility has a Stormwater Pollution Prevention Plan(SWPPP).
If checked, please list date that SWPPP was implemented:
2010
❑This facility stores hazardous waste stored in the 100-year floodplain.
If checked, describe how the area is protected from flooding:
❑This facility is a(mark all that apply)
[]Hazardous Waste Generation Facility
❑Hazardous Waste Treatment Facility
❑Hazardous Waste Storage Facility
❑Hazardous Waste Disposal Facility
If checked, indicate:
Kilograms of waste generated each month:
Type(s)of waste:
How material is stored:
Where material is stored:
Number of waste shipments per year:
Name of transport/disposal vendor:
Transport/disposal vendor EPA ID:
Vendor address:
❑This facility is located on a Brownfield or SUPERFUND site
If checked, briefly describe the site conditions:
❑Facility provides appropriate secondary containment for bulk storage of liquid materials
If checked, briefly describe these measures:
❑Site has an active landfill within the mining permit boundary
If checked, please indicate type:
a) ❑LCI D(Land clearing and Inert Debris)
b) []other(specify)
9. Required Items(Application will be returned unless all of the following items have been included):
❑Check for$ made payable to NCDEQ , RV
El Copy of most recent Annual Report to the NC Secretary of State
El This completed application and any supporting documentation
El Copy of the approved mining permit or indication of mining permit application status
❑� Copy of US Army Corps—approved wetland delineation(if applicable)
Page 5 of 8
❑� Line drawing of the water flow through the facility or block flow diagram
Pictorial description of the nature of any sources of water and any collection and treatment measures
❑� A site diagram showing, at a minimum, existing and proposed:
a) outline of drainage areas
b) surface waters
c) stormwater management structures
d) location of stormwater outfalls corresponding to the drainage areas
e) runoff conveyance features
f) areas where materials are stored
g) impervious areas
h) site property lines
02 copies of large scale(24"x36" minimum)site plan showing:
a) topographical lines
b) all outfall locations
c) applicable buffers and delineated wetlands
d) receiving waters
e) 100-year flood plain(if applicable)
Copy of county map or USGS quad sheet with the location of the facility clearly marked
If mines site is in one of the 20 Coastal Counties(if applicable)
❑Applicant has check with the appropriate regional office to verify the need for a Coastal State Stormwater permit.
a) Indicate the Regional Office Contact:
❑Detailed list of:
a) impervious surface areas and percentages
b) sub-drainage areas
c) total drainage area
If mine is dewatering and near wetlands,or may otherwise impact surface waters or groundwater(if
applicable)
copies of large scale(24"x36"minimum) plans delineating areas on the listing acreage including:
a) wetlands
b) ditches
c) well-placements
d) pits
e) borrow areas
f) overburden storage
g) stormwater controls/BMPs
h) vehicle maintenance areas
i) settling basins
j) product process(such as screening,stockpiles,and waste piles)
k) total drainage area
1) impervious surface percentages(if state stormwater programs apply)
m) applicable buffers
n) access and/or haul roads
0 Pump dewatering size and information on its specifications
❑Well information(design,depths,maintenance)
❑Physical monitoring for the wetland areas
❑� Settling pond size information, if applicable
❑� Level spreader design, if applicable
0 Details about dewatering method
❑Cone of influence calculations
Page 6 of 8
❑Description of measures to prevent erosion and flooding
❑� Description and information about 401/404 permits that have been obtained
❑� Copy of US Army Corps of Engineers wetlands delineations or approved wetland delineation(if applicable)
❑� I have contacted my local regional office about a Pumping Operation and Monitoring(POM)plan
a) Regional Office Contact:Samir Dumpor
b) Date Contacted:12/8/23
10.Applicant Certification:
North Carolina General Statute 143-215.613(i)provides that: Any person who knowingly makes any false statement,
representation,or certification in any application,record, report, plan,or other document filed or required to be maintained
under this Article or a rule implementing this Article.. . shall be guilty of a Class 2 misdemeanor which may include a fine not
to exceed ten thousand dollars($10,000). 1 hereby request coverage under the referenced General Permit.
Under penalty of law, I certify that:
E] I am the person responsible for the permitted industrial activity,for satisfying the requirements of this permit,and for
any civil or criminal penalties incurred due to violations of this permit.
❑� The information submitted in this NOI is,to the best of my knowledge and belief,true,accurate,and complete based on
my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the
information.
I will abide by all conditions of the NCG02 permit.I understand that coverage under this permit will constitute the
permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit.
❑� I hereby request coverage under the NCG020000 General Permit and understand that coverage under this permit will
constitute the permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit.
Printed Name of Person Signing:Mary Ann Everett
Title: a nv
(Signature of Applicant) (Date Signed)
Mail the entire package to: DEMLR—Stormwater Program
Department of Environmental Quality
512 N. Salisbury Street, 611 floor
1612 Mail Service Center
Raleigh, NC 27699-1612
coeW,4.
Page 7 of 8
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• File an Annual Report/Amend an Annual Report• Upload a PDF Filing • Order a Document Online •Add Entity to
My Email Notification List• View Filings • Print a Pre-Populated Annual Report form • Print an Amended a Annual
Report form
Limited Liability Company
Legal Name
Westside Minerals, LLC
Information
Sosld: 0827353
Status: Current-Active
Date Formed: 2/10/2006
Citizenship: Domestic
Annual. Report Due Date: April 15th
CurrentAnnual Report Status:
Registered Agent: Everett, Mary Ann
Addresses
Reg Office Principal Office Mailing Reg Mailing
2402 Fred Everett Rd 3043 Kennedy Home Road PO Box 1090 PO Box 1090
Kinston, NC 28504 Lagrange, NC 28551 Kinston, NC 28503 Kinston, NC 28503
Company Officials
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Managing Member
Mary Ann Everett
2402 Fred Everett Rd
Kinston NC 28504
t
' y�:STATEo�
'I}y
ROY COOPER
MICHAEL S.REGAN
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
January 2, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7016 2140 0000 0565 1864
Mr. Lynn Everett
Westside Minerals LLC
PO Box 6025
Kinston, North Carolina 28504
RE: Permit No. 54-52
Westside Minerals Mine
Lenoir County
Neuse River Basin
Dear Mr. Everett:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the permitted acreage to 129.0 acres and the
affected acreage at this site to 117.0 acres as indicated.on the Overall Mining Plan last revised
October 15, 2019. The modification includes partial release from the permit boundary and
affected acreage areas along Kennedy Home Road and along south western boundary. In
addition, the modification includes expansion of the permit boundary and mine excavation to
the west (known as Pit 3). A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The mine name and permit number shall remain the
same as before the modification. I would like to draw your particular attention to the following
conditions where minor additions or changes were made: Operating Condition Nos. 4C, 4D, 5,
9B, 11 and 13 and Reclamation No. 3.
The issuance of a mining permit and/or any modification to it does not supersede local
zoning regulations. The responsibility of compliance with any applicable zoning regulations
lies with you.
An inspection was conducted on July 23, 2019. The acreage requested to be released
has been found to be satisfactorily reclaimed or undisturbed by mining activities. As a
reminder, your permitted acreage at this site is 129.4 acres and the amount of land you are
approved to disturb is 117.0 acres.
North Carolina Department of Environmental Quality I Dlvislan of Energy.Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh North Carolina 27699-1612
"WOW
wev.+.. .®.rmv� /`� 919.707.9200
Certified Mail
Mr. Everette
Page Two
The Mining Program's records show that permittee has failed to pay the 2019/2020
annual fee, as required per G.S. § 74-54.1. This site has until February 3, 2020 to rectify this
or the Mining Program will start revoking procedures against this site per G.S. 74-58. (Note: It
is this office understanding that a check for the subject fee is being sent and this matter will be
resolved in a few days.)
Please review the modified permit and contact Judy Wehner, Assistant Mining
Specialist, at (919) 707-9220 should you have any questions concerning this matter.
Sincerely,
David Miller, PE
State Mining Engineer
DM/jw
Enclosures
cc: Mr. Samir Dumpor, PE
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
PUMPING OPERATION & MONITORING PLAN
NPDES NCG020000 DISCHARGE PERMIT
WESTSIDE MINERALS SAND MINE
LaGrange, Lenoir County, North Carolina
Prepared for:
Westside Minerals, LLC
PO Box 602
Kinston NC 28501
Prepared by:
Branch Smith, PE
DOGWOOD LD, PLLC
dogwoodldpllc@gmail.com
(910) 264-1071
1 of 2
Pumping Plan Narrative
Westside Minerals operates sand mining in accordance with NC State Mining Permit 54-52,and
other state or federal regulations. The operations require a final dewatering in order to obtain the
remaining sand pockets in the existing pits under the natural water surface. Once this material is
finally removed in order to maintain the 4-ft lake depth as required,water will subside back to
normal base conditions. Water will be pumped from pit to pit and eventually slowly discharge a
settling basin into adjacent wetlands and ditches apart of the Neuse River floodplain.
The pumping operations will consist of a 2,000 gpm mobile sump pump. Any dewatering
groundwater over 100,000 gal/day is required to maintain records with the NC Coastal Plain
Capacity Use Area monthly reporting. Lenoir Couty is a part of this group.
There are no residences within 500-ft of the property so no private wells will be affected. There
are wetlands downstream of one of the Pits, but currently there is no pumping within 800-ft of the
wetland edge.
The discharge outlet structure will consist of 1/2 48"Aluminum Flashboard Riser 7'tall from
bottom of the riser to top of riser. The barrel pipe is 36"Aluminum that has a 1%slope to a rip-rap
apron below the barrel. The property is in a water supply watershed of the Neuse River(WS-IV;
Stream Index 27-(70.5). Any discharges that leave the settling basin flow in a non-erosive manner
through rip-rap prior to entering the existing wetland downstream.
Attachments
■ Flash Board Riser-Barrel
■ Pump Specifications
2of2
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FRONT VIEW r3- PROFILE VIEW O O
J 48'ALUMINUM H 9
I I FLASHBOARD RISER u C/] 0.4
12"WIDE HUGGER BAND WITH U H
1°h SLOPE 12'FLAT GASKET py
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OUTLET 2'-10? 36'DIA X 20' 36'DIA X 20' li O
PIPE 1. I U M11 V,
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PLATE FRONT-4 72'
6'X4')*PLATE BOTTOM
FULLY WELDED J"PLATE FRONT
POMONA PIPE PRODUCTS
4611 DUNDAS DR.
GREENSBORO,NC 27407
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l Dimensions L 82 in x W 47 in X H 65 in )
1(L2,083 mmx W 1,194 mm x H 1,651 mm)
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Information provided above is based on the Yanmar 3tNV88P.
Driver Power Energy Use Emissions
Materials 1800 RPM Rating
Pump casing Cast.Iron BS EN 1561/EN= ! 4 Yanmar 3TNV88F 24 HP 1.0 US Gal/hr' EPA FT4
ar —
JL1030 _ 4 2 Yanmar 3TNV88C 35 HP 1.2 US Gal/hr EPA FT4
Wearplates Cast Iron BS EN 1561/EN- --1
JL1030 !3 Yanmar3TNV88BDSA 36 HP 1.2 US Gal/hr EPA iT4 ;
Pump shaft Carbon steel BS970i199.1 I 4 Caterpillar C1.5T 40 HP 1.5 US Gal/hr EPA iT4
8171VI40T I �9 Electric motor 20 HP 241 A
-- --- .......................................................................
Impeller Cast Steel B53100 AS Hardness Please contact thelaaory or o�cefor further details.Atypical picture . •� ••• •• ••••
to 200 HB Brinell of the pump is shown.All information is approximate and for general guidance only.Consult the
----T factory for other driver options.
Mechanical seatfaces Silicon carbide Vs Silicon
carbide
::.•:..:::......:•..::..................::•: .......................................................................
Specifications and illustrations are subject to revision without notice.Xylem makes no
representation regarding the completeness or accuracy of this information and is not liable for
xylem any direct or indirect damages arising from or relaang to this information or its use.
02019 Xylem.Ail rights reserved.Godwin is a trademark of Xylern Dewatering Solutions,Inc.,
Let's Solve Water www.xyIem.ccm/godwin a wholly-owned subsidiary of Xylem Inc.
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NCDENR - --
North Carolina Department of Environment and Natural Resources
Division of Walor Ouality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Goaernor Director Secretary
May 12, 2010
Ms. Mary Ann Everett, Manager
Westside Minerals, LLC
P.O. Box 6025
Kinston,NC 28501
Subject: General Permit No. NCG020000
Westside Minerals, LLC
Westside Minerals Mine
COC NCG020769
Lenoir County
Dear Ms. Everett:
The Division of Water Quality's Stormwater Permitting Unit received a National Pollutant Discharge
Elimination System (NPDES)permit application for Westside Minerals Mine on April 12, 2010. The
application included a copy of an associated application for a mining permit submitted to the Division of
Land Resources(DLR). Please be aware that the issuance of an NPDES permit is contingent upon the
issuance of an associated mining permit from DLR. Our office will process your stormwater permit
application once a DLR mining permit has been issued for your project.
Please also be aware that if your project is located near wetlands, your NPDES permit will require
dewatering operations without wetland impacts. The specific requirements for mine dewatering at facilities
near wetlands can be found in the text of the general NPDES mining permit number NCG 020000 available
on our website, http://portal.ncdenr.org/web/wq/ws/su/npdessw. See Part 111, Section E, Page 11 of 16 of the
permit. An approved Operation and Monitoring Plan is required for NPDES-permitted ruining facilities and
near be required prior to permit issuance. Discharging mine dewatering wastewater without Plan approval
will be subject to enforcement action. A Plan for your facility must be submitted to the Washington
Regional Office within 60 days of your receipt of an NPDES permit. We encourage you to contact Thom
Edgerton at the Washington Regional Office at (252)946-9215 to address any wetland concerns for your
facility in order to ensure a successful NPDES application review.
Per the requirements of the Neuse Riparian Buffer Rule,all stormwater drainage to stream buffers, from
portions of this site that have been constructed after July 22, 1997,must be discharged through a correctly
designed level spreader or another device that meets diffuse flow requirements per 15A NCAC 2B
.0233. Diffuse flow requirements are described in Chapter 8 of the North Carolina Stonnwater BMP
Manual, available at: httt,)://h2o.enr.state.nc.us/su/bmp forms.htm.
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Ms.,Mary Ann Everett
Westside Minerals Mine—NCGO20769
May 13, 3010
If you have any questions concerning the NPDES permit approval process, please contact me at telephone
number(919) 807-6379.
Sincerely,
'Y
Jenn' � r iedf s
Environmental Engineer
cc: Washington Regional Office,Thom Edgerton
Division of Land Resources,Ashley Rogers
DWQ Central Files
Stonnwater Permitting Unit Files
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id.SAW-20194)1513 County: Lenoir U.S.G.S.Quad:NC-Deep Run
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requester: Westside Minerals,LLC
Ms.Mary Ann Everett
Address: 2402 Fred Everett Road
Kinston,North Carolina 28504
Telephone Number: 252-566-2407
E-mail: marvann(a)ecandg.com
Size(acres) 40.5 Nearest Town LaGrange
Nearest Waterway Neuse River River Basin Neuse
USGS RUC 03020202 Coordinates Latitude:35.225497
Longitude:-77.72732
Location description:The property is an existing sand mine located at 3043 Kennedy Home Road,La Grange.Lenoir County,
NC.The approximately 40.5-acre review area is within Parcel Index Number 357300996270.
Indicate Which of the Following AAuly:
A. Preliminary Determination
® There appear to be wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water
Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The wetlands have been
delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable.The approximate boundaries
of these waters are shown on the enclosed delineation map created by NEgL dated 7/812019.Therefore this preliminary
jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For
purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit
decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the
permitted activity on the site as if they are jurisdictional waters of die U.S.This preliminary determination is not an appealable
action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you may request an
approved JD,which is an appealable action,by contacting the Corps district for further instruction.
❑ There appear to be wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water
Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).However,since the
wetlands have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation
process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable
pennit decision.We recommend that you have the wetlands on your project area/property delineated.As the Corps may not be
able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act
(CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
❑The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps.The
approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly suggest you have
SAW-2019-01513
this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey
will-provide- accurate-depiction-of all-areas-subject to GWA jurisdiction-on-your-property-which,-trovidedtitere-is-no change-in- -
the law or our published regulations,may be relied upon for a period not to exceed five years.
❑The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory
Official identified below onDATE.Unless there is a change in the law or our published regulations,this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S.,to include wetlands,present on the above described project arca/property which are subject to the
permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Emily B.Thompson at(910)2514629 or
Emily.B.Thompson(a),usace.army.mil.
C. Basis For Determination: The wetlands within the project area were delineated using the Corns of Engineers 1987
Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. if you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele,Review Officer
60 Forsyth Street SW,Room 1OM15
Atlanta,Georgia 30303-8801
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
LEKSON.DAVID.M.1229827983�,M'a j�,gnaiv�o.�ie .wao �znensu
Corps Regulatory Official:
Date of JD:08/19/2019 Expiration Date of JD:Not applicable
SAW-2019-01513
The Wilmington District is committed to providing the highest level of support to the public.To help us ensure we
continue-to-doso,please-complete_the-Customer SatisfactionSurvey-loc-ated -
http://corpsmapu.usace.army.mil/cm_apcx/Vp=l36:4:0
Copies furnished(via e-mail):
Agent: Southern Environmental Group,Inc.
Mr.David Scibetta
Address: 5315 South College Road,Suite E
Wilmington,North Carolina 28412
Telephone Number: 910-452-2711
E-mail: DScibetta asegi.us
Property Owner: Southern Environmental Grouo,Inc.
Ms.Dana Lutheran
Address: 5315 South College Road,Suite E
Wilmington,North Carolina 28412
Telephone Number: 910-452-2711
Telephone Number: 910-452-2711
E-mail: dlutheranna segi.us