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HomeMy WebLinkAboutNCG021016_Email RE RO Issuance Approval_20240318 Cook, Brittany From: Cook, Brittany Sent: Monday, March 18, 2024 9:36 AM To: Lambe, Brian Cc: Parr, Adam Subject: RE: 10-A04 Ashton Farms Sand Mine Complaint Good morning Brian, On 3/18/2024, DEMLR-Stormwater issued COC#NCG021016 to L. M. McLamb &Son Construction Company, Inc. for the facility on 2850 Longwood Road in Ash.You can find a copy of that and other records in the NCG021016 Laser Fiche Folder. Paper copies of the documents will be mailed out. Mrs.Brittany Cook NPDES Stormwater General Permit Coordinator Stormwater Program,Division of Energy, Mineral,and Land Resources N.C. Department of Environmental Quality Phone: (919) 707-3648 Email: Brittany.cook@deq.nc.gov From: Lambe, Brian <brian.lambe@deq.nc.gov> Sent: Monday, March 18, 2024 8:40 AM To: Cook, Brittany<Brittany.Cook@deq.nc.gov>; Parr, Adam <adam.parr@deq.nc.gov> Subject: RE: 10-A04 Ashton Farms Sand Mine Complaint I thinkyou can.We want them under a permit. Brian Lambe Environmental Specialist II North Carolina Department of Environmental Quality Department of Energy, Mineral, and Land Resources Office: (910) 796-7313 1 Cell: (919) 268-1678 Brian.Lambcgdeq.nc._og_v D E NORTH CAROLINA - Department of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cook, Brittany<Brittany.Cook@deq.nc.gov> Sent: Monday, March 18, 2024 8:08 AM 1 To: Parr, Adam <adam.parr@deg.nc.gov>; Lambe, Brian <brian.lambe@deg.nc.gov> Subject: RE: 10-A04 Ashton Farms Sand Mine Complaint Good morning, I have the NCG02 COC for Ashton Farm Sand Mine ready to be issued. Can I move forward with the issuance or should I hold off? Mrs. Brittany Cook NPDES Stormwater General Permit Coordinator Stormwater Program, Division of Energy, Mineral,and Land Resources N.C. Department of Environmental Quality Phone: (919) 707-3648 Email: Brittany.cook@decl.nc.gov From: Parr, Adam <adam.parr@deg.nc.gov> Sent:Thursday, March 14, 2024 3:20 PM To: Lambe, Brian <brian.lambe@deg.nc.gov>;Turbitt, Austin<austin.turbitt@deg.nc.gov> Cc: Cook, Brittany<Brittany.Cook@deg.nc.gov>; Sams, Dan <dan.sams@deg.nc.gov>; Brown, Creighton A <creighton.brown @deg.nc.gov>;James,Trentt<trentt.iames@deq.nc.gov> Subject: RE: 10-A04 Ashton Farms Sand Mine Complaint Brian, Thanks for sending those NOVs. I had not seen those. The requirement for registration under§ 143-215.22H is that any person withdrawing more than 100,000 gpd needs to register with DWR. This is true across the State. However within the CCPCUA any user needs to register their withdrawals if they withdraw more than 10,000 gpd. (15A NCAC 02E .0505.) If the user withdraws more than 100,000 gpd they need to get a permit(15A NCAC 02E .0502) WWATR is the Water Withdrawal and Transfer Registration. It is what DWR has named their registration program. Since condition 1A of the mine permit addresses groundwater rules and regs./permitting requirements anyviolation of the above mentioned (§ 143-215.22H, 15A NCAC 02E .0505, 15A NCAC 02E .0502),would be a violation of the mine permit. Let me know what you're thinking with regard to implementing compliance with NCG02. Mining got bumped from the PTP schedule,so now I need to put some other measures into place until we get back on the schedule. This includes updating some of our forms,etc. As far as checking registration DWR has the following link that has some reports of those that have registered, but there may be an easier way. We can reach out to John Barr to see what he thinks. https://www.ncwater.org/WUDC/app/WWATR/page As long as we can get the June 2023 NOV addressed that will solve the problem, however at some point if not remedied other actions should occur. Thanks, Adam Parr, PE State Mining Engineer Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality 2 Office: (919)707-9207 1 Cell: (919)441-7157 adam.parr deq.nc.gov Physical Address: 512 N Salisbury Street Raleigh, NC 27604 Mailing Address: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Mining Program Website: https://deq.nc.gov/mining-program :t�rrla -00i.rcr, � Raputmental Firdronminlfl twakv Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Lambe, Brian <brian.lambe@deg.nc.gov> Sent:Thursday, March 14, 2024 11:33 AM To: Parr, Adam <adam.parr@deg.nc.gov>;Turbitt, Austin <austin.turbitt@deg.nc.gov> Cc: Cook, Brittany<Brittany.Cook@deg.nc.gov>; Sams, Dan <dan.sams@deg.nc.gov>; Brown, Creighton A <creighton.brown @deg.nc.gov>;James,Trentt<trentt.iames@deq.nc.gov> Subject: RE: 10-A04 Ashton Farms Sand Mine Complaint Attached is the NOV from 6/20/2023.Attached is the NCG02 permit NOV 20240205.The operator ceased discharging per the engineer of record, Phil Norris, after receiving NOV. I think the complaint was around 2/14/2024. 2/16/2024 Austin Turbitt demanded that they stop pumpingvia email. I think Brittany is working on issuing this permit after some changes they made to the NOI and dewatering basin design. I don'think an additional NOV would be prudent at this time. I am unsure of the WWATR program and how it interacts with our permits.The mining permit application DWR review form only mentions Capacity Use Area. Do we need to change this form to include all counties? How much do we need to invest in inquiring about if they are registered and if they are reporting? I am in the process of trying to implement compliance with the NCG02 permit conditions.The WWATR program is not on my radar.The programs can go hand in hand with the monitoring of pumping. The mining permit asks: d. If you answered yes to any of the above questions,provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e., non-discharge, NPDES,Stormwater,etc.)from the Stormwater Program. In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day Forgive my misunderstanding this statement. I keep reading in different ways.The statement may be needed to be reworded. I understand it as register with DWQ if 10,000 AND CCPCUA, but then gets confusing with the additional "if". Maybe it should read: d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.) from the Stormwater Program. The applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per 3 day. The applicant needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. I highlighted the 100,00 gallons because I think 100,000 gallons is the correct amount per§ 143-215.22H. Registration of water withdrawals and transfers required. I don't know where the 10000 came from. Brian Lambe Environmental Specialist II North Carolina Department of Environmental Quality Department of Energy, Mineral, and Land Resources Office: (910) 796-7313 1 Cell: (919) 268-1678 Brian.Lambe(a)deq.nc.gov NORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Parr, Adam <adam.parr@deg.nc.gov> Sent:Thursday, March 14, 2024 8:35 AM To:Turbitt, Austin <austin.turbitt@deg.nc.gov>; Lambe, Brian <brian.lambe@deg.nc.gov> Cc: Cook, Brittany<Brittany.Cook@deg.nc.gov>; Sams, Dan <dan.sams@deg.nc.gov> Subject: RE: 10-A04 Ashton Farms Sand Mine Complaint Brian/Austin, DWR Groundwater is looking into the complaint below. However,we need to address the dewatering and stormwater discharge. Since they still do not have an approved NCG02 permit and they are discharging stormwater they are in violation of condition 1.13 of their mining permit. In addition DWR Groundwater management through their"WWATR Program"doesn't have the owner name or facility name registered for water withdrawal. This would be a violation of condition 1.A 1. Wastewater and Quarry Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. Regardless of the issue with complaint we need to issue an NOV for the above two conditions. Adam Parr, PE 4 State Mining Engineer Division of Energy, Mineral and Land Resources North Carolina Department of Environmental Quality Office: (919)707-9207 1 Cell: (919)441-7157 adam.parr deq.nc.gov Physical Address: 512 N Salisbury Street Raleigh, NC 27604 Mailing Address: 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Mining Program Website: https://deq.nc.gov/mining-program I-ii-ri e.nca auaaity Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From:Turbitt, Austin <austin.turbitt@deq.nc.gov> Sent: Friday, February 16, 2024 2:37 PM To: Parr, Adam <adam.parr@deq.nc.gov> Cc: Lambe, Brian<brian.lambe@deg.nc.gov> Subject: 10-A04 Ashton Farms Sand Mine Complaint Importance: High Good afternoon,Adam, Attached is the Water Level Complaint Questionnaire concerning the Ashton Farms Sand Mine project/site. had received a few complaints this week over the dewatering of their mining activities. Essentially, Mrs. Martha Denton is concerned that her pond is being affected due to the practices involving the mine (i.e., water level, contaminants/sedimentation, grease/oily film), per her complaint. Her residence is: 2714 Longwood Road Northwest,Ash, INC. Her neighbor, (which is her granddaughter) lives at 2747 Longwood Road Northwest,Ash, INC. The granddaughter's concerns were that her well has failed due to sediment in her water supply/shower, in conjunction with the mining going on. Brian Lambe had discussed with me that Norris &Tunstall/the associated party with the mine had not denoted her well in their submittals.Additionally, they have not obtained their NCG02 permit. Please let me know if you need any additional information. Take care, Austin Turbitt 5 Environmental Specialist I North Carolina Department of Environmental Quality Division of Energy, Mineral, & Land Resources Email: austin.turbitt@deg.nc.gov Office Cell: (919) 268 -7567 Q�#�Mnt 416mr�o�rtM7d QYi111y Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 6