NCG020930_NOI Application_20180521

-v AS
Division of Energy, Mineral and Land Resources /
Land Quality Section – Stormwater Permitting Program
National Pollutant Discharge Elimination System
NCG020000
NOTICE OF INTENT — General Permit Application
FOR AGENCY USE ONLY
Date Received
Year Month Da
Certificate of Coverage
Check # Amount
Permit Assigned to
yje(�o 903-D
National Pollutant Discharge Elimination System application for coverage under General Permit
NCG020000:
STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities classified as:
SIC (Standard Industrial Classification) Code - 14XX Mineral Mining Industry (except as specified below) and
like activities
The following activities are included:
• Active or inactive mining operations (including borrow pits—except for NCDOT borrow pits) 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 on the site of such operations;
• Stormwater from vehicle maintenance activities (VMA) at mining operations; R�^�l�
• Overflow from facilities that recycle process wastewater; I and/or c+ eo
• Mine dewatering (wastewater) MAY
The following activities are specifically excluded from coverage under this General PermibE1V R _vivo
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• Stormwater discharges associated with peat mining, coal mining, and metal mining; WgTFRPQUALITy
• Stormwater discharges from mining operations which are intermixed on site with stormwater from concf94TT/NG
operations;
Stormwater discharges associated with oil and gas extraction operations; and
Stormwater discharges associated with tourist gem mines
NCDOT borrow pits (covered under individual permit NCS000150)
The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000:
Point source discharges of stormwater and wastewater from in -stream sand mining operations (sand dredging
or dipping operations) are covered instead by NPDES General Permit NCG520000, administered by the Division
of Water Resources NPDES Wastewater Permitting Program. Please contact DWR for more information.
Please print or type all entries in this application form.
1) Mailing address of owner/operator official address to which allpermit correspondence will mailed):
Legal Owner Name Ernest L. Everett v
(Attach the most recent Annual Report to the NC Secretary of State showing the current legal name of the co poration or entity.
Alternatively this permit can be given to an individual or government authority. This name must be the same name as appears on the
Division of Energy, Mineral, and Land Resources' Mining Permit.)
Signee's Name (as signed for in question 41. at end) Ernie Everett
Street Address 1517 Hwy 258 South
City Kinston State_
Telephone No. 252-527-8488 E-mail
NC ZIP Code 28504
Alternate Contact Name* Ernie Everett E-mail (if different) jbrileyjr(c�embargmail.com
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Alternate Contact Telephone (if different) 252-560-5885
"Alternate contact should be affiliated with the Owner/Operator. Consultant information can be provided
in question 5.
2) Location of facility producing discharge:
Facility Name Sheppard Pit
Facility Street Address off of US -70 / W New Bern Road
Facility City Kinston State NC ZIP Code 28504
Facility County Lenoir
Facility Contact Ernie Everett
Telephone No. 252-527-8488 Fax:
Contact E-mail bevwill(cD-suddenlinkmail.com
3) Physical Location Information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). Site is on north side of US Hwy 70 approximately 0.5
miles west from intersection with US Hwy 258 south. Kinston.
4) Facility Location Coordinates:
Latitude 35.2482 N Longitude -77.5937 W (degrees / minutes / seconds or decimal degrees)
5) Consultant Information (if applicable):
Consultant: Marc K. Edwards
Consulting Firm: MKE Environmental
Mailing Address: 604 Tarboro Street
City: Washin_qton
State: NC Zip Code: 27889
Phone:( 252 ) 258-4037 Fax: (_)
E-mail: mked raftinga-em barg mail. corn
Permits:
6) This NPDES Permit Application applies to which of the following:
(Optional)
Staple Business Card Here
® New or Proposed Facility Date operation is to begin: late summer/early fall 2017
❑ Existing Date began mining:
7) Standard Industrial Classification:
Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility SIC Code: 1 4 4 2
8) Provide a description of the types of minerals mined at this facility: Sand
9) Is this a PROCESSING -ONLY facility for materials mined elsewhere? ® No ❑ Yes
10) Is this an inactive mine site?
® No
❑ Yes If yes, have you certified to the Stormwater Permitting Program that all portions of the site where
clearing, grading, and/or excavation activities have occurred have been stabilized?
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❑ No ❑ Yes (If yes, the site may be eligible for "Dormant Status" and reduced BMP
inspections. See the General Permit.)
11) Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section?
® No If no, please indicate the status of the Mining Permit application: recently submitted - under review
❑ Yes If yes, please provide the Mining Permit number: Also provide a copy of the
DEMLR Mining Permit with this NPDES application.
12) Does this facility have any other NPDES permits?
® No
❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility:
13) Are you applying for a discharge permit in the same location as a previously permitted mine?
® No
❑ Yes If yes, specify permit number and mine name if known:
14) Does this facility have any Non -Discharge permits from DWR (e.g., recycle permits)?
® No
❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility:
15) Does total area of this mine site include ready -mixed concrete plant and/or asphalt plant areas?
® No
❑ Yes If yes, do they have separate NPDES stormwater permits? ❑ No ❑ Yes (provide permit
number(s) )
If not owned by the same company, who is the owner?
Development Activities and Buffers:
16) Will this mining operation precede development activities at this site?
® No
❑ Yes
17) Is this mine located within one of the 20 Coastal Counties, and will it add more than 10,000 ft2 of
impervious surface?
❑ Yes (to both)
❑ No, this mine site IS in one of the 20 Coastal Counties but will NOT add 10,000 ft2 of impervious surface.
® No, this mine site is NOT in any of the 20 Coastal Counties.
If this site is in one of the 20 Coastal Counties, you may be required to apply for an additional State
Stormwater Permit. Check with your local Regional Office (see contact information and checklist below).
18) Is this mine located the Neuse, Tar -Pamlico, or Catawba River Basins, or the Randleman or Jordan
Water supply Watersheds?
❑ No
®Yes If yes, what size stream buffers are included on site? 50 ft. You must show buffers on site
plans. Also include information and plans showing diffuse flow through buffers as required.
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Discharge Points, Receiving Waters & Wetlands:
19) Receiving waters:
What is the name of the body or bodies of water (creek, stream, river, lake, etc.) that the facility stormwater
and/or wastewater discharges will end up in? Neuse River
To find the waterbody, please see the "MAPS" tab on http://portal.ncdenr.org/web/wq for a map of NC
Surface Waterbody Classifications.
Receiving water classification(s) for the waters: C: NSW
If the site will discharge to a separate storm sewer system, name the operator of the separate storm sewer
system (e.g. City of Raleigh municipal storm sewer). N/A
Discharge of wastewater to receiving waters classified as WS -II through WS -V, or SA, must be
approved by the Division of Water Resources (DWR) or Division of Marine Fisheries
(DMF). DEMLR cannot grant coverage under NCG020000 without that approval. Also be advised that
no new discharges of wastewater are permitted in receiving waters classified as WS -I or
freshwater ORW. Wastewater discharges to saltwater ORW will not be approved under General Permit
NCG02 but may be eligible for an individual permit.
20) Will this mine site discharge wastewater or stormwater to waters classified as High Quality Waters
(HQW), Primary Nursery Areas (PNA), Trout (Tr) waters, or a class with a symbol like "+" or "@" that
denotes a special management strategy is in place?
® No ❑ Yes, HQW* ❑ Yes, includes "+" or
❑ Yes, PNA* ❑ Yes, Trout jr)
21) Will this mine site discharge wastewater or stormwater to waters classified as Shellfish (SA) waters?
® No
❑ Yes, SA*
*For questions 19-20, be advised that the NCG02 General Permit limits the discharge volume of total combined
wastewaters to 50 percent of the receiving water in -stream flow under 7Q10 conditions in HQW waters (PNA and
SA waters are considered HQW by definition). You maybe required to contact USGS to obtain a 7Q10 flow.
22) Will this mine site discharge wastewater or stormwater to impaired waters, or to waters with an
approved "Total Maximum Daily Load" (TMDL)?
To find impaired waters, please see the "Impaired Waters" map on the "MAPS" tab on
hftp://portal.ncdenr.org/web/Wq.
To find approved TMDLs in North Carolina, please see DWR's Water Planning Section website:
hftp://Portal.ncdenr.org/web/wq/ps/mtu/tmdl/tmdls.
® No
❑ Yes, these waters are impaired for (list pollutants):
❑ Yes, these waters have a TMDL for (list pollutants):
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23) List discharge points (outfalls) that convey discharge from the mine site (both on-site and off-site) and
location coordinates. Attach additional sheets if necessary, or note that this information is specified
on the site plan. Include proposed maximum daily flow rate for each wastewater outfall.
You must show all discharge points clearly on the submitted site plan. Be advised
that NCDEQ may require you to apply for an individual permit, based on proposed
discharge rates and receiving stream conditions (low flows, impairments, etc.)
Stormwater
Stormwater Outfall No. 1
Latitude (degrees/minutes/seconds or decimal degrees):
35.2530
N
Longitude (degrees/minutes/seconds or decimal degrees):
-77.5913
W
Latitude (degrees/minutes/seconds or decimal degrees):
Stormwater Outfall No. 2
Longitude (degrees/minutes/seconds or decimal degrees):
W
Latitude (degrees/minutes/seconds or decimal degrees):
35.2505
N
Longitude (degrees/minutes/seconds or decimal degrees):
-77.5881
W
Latitude (degrees/minutes/seconds or decimal degrees):
Stormwater Outfall No. 3
Longitude (degrees/minutes/seconds or decimal degrees):
W
Latitude (degrees/minutes/seconds or decimal degrees):
35.2514
N
Longitude (degrees/minutes/seconds or decimal degrees):
-77.5921
W
Longitude (degrees/minutes/seconds or decimal degrees):
Stormwater Outfall No. 4
Process Wastewater
Latitude (degrees/minutes/seconds or decimal degrees):
35.2494
N
Longitude (degrees/minutes/seconds or decimal degrees):
-77.5890
W
Stormwater Outfall No
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Stormwater Outfall No.
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Mine Dewatering
Mine Dewatering (Wastewater) Outfall No.
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Mine Dewatering (Wastewater) Outfall No.
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Process Wastewater
Process Wastewater Outfall No. Wastewater Description:
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
Process Wastewater Outfall No. Wastewater Description:
Proposed maximum flow rate:
Latitude (degrees/minutes/seconds or decimal degrees):
N
Longitude (degrees/minutes/seconds or decimal degrees):
W
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24) Help us understand what will happen to the dewatering water at this mine site:
❑ N/A — this mine is not dewatering at all and will not dewater in the future.
a) Will this mine be dewatering and discharging to waters of the state? (Answer only if dewatering)
❑ No
E Yes If yes, where to? E Surface Waters and/or Wetlands (on-site or off-site)
❑ Other (on-site or off-site) Describe:
b) Will this mine be dewatering but not discharging to waters of the state? (Answer only if dewatering)
E No
❑ Yes If yes, explain how you are dewatering, and where that water will be directed:
25) Are there wetlands or surface waters within 400' of the mine pit perimeter?
❑ No
E Yes If yes, what distance are they from the mine pit perimeter? 50 (minimum) feet.
26) Will mining operations require dewatering near wetlands or other waterbodies, and will dewatering
potentially impact any wetlands or other waterbodies?
❑ No, dewatering will not occur near (within 400') of wetlands or other waterbodies (e.g., streams, lake, etc.)
E Yes, dewatering will be near wetlands or other waterbodies.
Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that
have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and
implement a Pumping Operation and Monitoring (POM) Plan that has been approved by the
Department.
For sites that may drain wetlands — approval of a POM Plan may be required prior to coverage under
this permit. The POM Plan should be submitted to the appropriate Regional Office and in all cases must be
approved prior to operation.
The plan shall include, but is not limited to: (1) Groundwater monitoring strategies to demonstrate the effect of
pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain
surrounding hydrology and respective monitoring to demonstrate compliance. See checklist at the end of the
application. Contact the Regional Office for questions specific to your mine.
27) Have you been required to obtain 4041401 Certification permits?
011110.
❑ Yes If yes, please briefly describe below (include information such a required mitigation, BMPs,
setbacks, and/or O&M plans for on or off-site wetlands or other pertinent information). Attach other sheets as
necessary: A Notice of Jurisdictional Determination has been done by the U.S. Army Corps of Engineers and a
Stream Origin Determination has been done by Water Resources, NC DEQ. See attached. See mine map for
O&M Plan.
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28) Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers?
® No ❑ Yes If yes, please attach to application submission.
Stormwater BMPs and Vehicle Maintenance:
29) Does this facility employ best management practices for stormwater control?
❑ No ® Yes If yes, please briefly describe: A berm will be installed around the perimeter of
the site with a level weir in 4 locations to allow sheet flow of storm water to the adjacent 50' undisturbed buffer.
See included map. The excavation area drains internally. See O & M Plan on the map for more details.
30) Does this facility have a Stormwater Pollution Prevention Plan?
N No ❑ Yes If yes, when was it implemented?
31) Are vehicle maintenance activities (VMA) occurring or planned at this mine site?
® No ❑Yes, If yes, will VMA area runoff discharge into the wastewater treatment system(s)?
❑ No, VMA runoff will discharge separately through a stormwater outfall
❑ Yes, VMA runoff will drain back to the mine pit or other wastewater system
Wastewater Treatment Facilities:
32) Will mine dewatering occur? (Yes, we are asking about dewatering again.)
❑ No
® Yes If yes, will the mine discharge this water? Yes, but minimal. Only via -gravity during heavy rainfall.
33) Will this facility wash mined materials?
❑ No
® Yes If yes, will the mine discharge this water? No, water will return to excavation area.
34) Will discharges of process wastewater treatment systems occur (including possible recycle system
overflows)?
® No
❑ Yes If yes, describe what kind of systems:
35) Will this facility employ chemical additives to flocculate suspended solids?
® No
❑ Yes If yes, provide the name, manufacturer, and the quantity of average daily usage of the chemical
additive (if known):
Note: Please see our website for a list of evaluated polyacrylamide (PAMS) products for use in North
Carolina: http://portal.ncdenr.org/web/lr/construction-stormwater
36) 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 If yes, which treatment systems are those?
N/A
❑ No, all wastewater treatment facilities will discharge more frequently (i.e., during smaller rain events)
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'. NCG020000 N.O.I.
37) Are wastewater treatment facilities (including recycle systems) planned in the 100 -year flood plain?
® No
❑ Yes
38) A wasteWatef treatment alternatives reviewis required by 15A NCAC 2H.0105 (c)(2)
for any new or expanding water pollution control facility discharges in North Carolina. You may
attach additional sheets. List the types of wastewater this mine site will discharge:
❑ Mine Dewatering N/A
❑ Process Wastewater (such as washing or recycle system overflows, other mining activity wastewater)
a) What wastewaters were considered for this alternatives review? ❑ Dewatering ❑ Process WW
b) Connection to a Municipal or Regional Sewer Collection System:
i) Are there existing sewer lines within a one -mile radius? ..................................... ❑ Yes ❑ No
(1) If Yes, will the wastewater treatment plant (WWTP) accept the wastewater? .... ❑ Yes ❑ No
(a) If No, please attach a letter documenting that the WWTP will not accept the wastewater.
(b) If Yes, is it feasible to connect to the WWTP? Why or why not?*
c) Closed-loop Recycle System (meets design requirements of 15A NCAC 2T.1000):
i) Are you already proposing a closed-loop recycle system (CLRS)? ......................... ❑ Yes ❑ No
d)
(1) If Yes, for what type of wastewater at this mine site? ❑ Dewatering ❑ Process WW
(2) If No, is this option technologically feasible (possible)? Why or why not?*
(3) If No, is it otherwise feasible to build a CLRS at this site? Why or why not?*
(4) What is the feasibility of building a CLRS compared to direct surface water discharge?*
Surface or Subsurface Disposal System (e.g., spray irrigation):
i) Is a surface or subsurface disposal technologically feasible (possible)?
Why or Why not?*
................... ❑ Yes ❑ No
ii) Is a surface or subsurface disposal system otherwise feasible to implement?*............ ❑ Yes ❑ No
Why or Why not?*
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iii) What is the feasibility of employing a subsurface or surface discharge as compared to a direct
discharge to surface waters?*
e) Direct Discharge to Surface Waters: Is discharge to surface waters the most environmentally sound
alternative of all reasonably cost-effective options for the wastewaters being considered?*
❑ Yes ❑ No
f) If this review included all wastewater discharge types, would excluding some types (e.g. mine
dewatering) make any of the above non -discharge options feasible for some of the wastewaters?
❑ Yes ❑ No
* Feasibility should take into account initial and recurring costs. You may be asked to provide
further information to support your answers to these questions after the initial review.
Other:
39) Hazardous Waste:
a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility?
® No ❑ Yes
b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of
hazardous waste?
® No ❑ Yes
c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of
hazardous waste?
® No ❑ Yes
d) If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste:
How is material stored:
Where is material stored:
How many disposal shipments per year:
Name of transport / disposal vendor: _
Vendor address:
40) Is your facility providing appropriate secondary containment for bulk storage of liquid materials? (See
permit text for secondary containment requirements.)
® No N/A
❑ Yes
41) Does your site have an active landfill within the mining permit boundary?
® No
❑ Yes If yes, specify type: ❑ LCID (Land Clearing and Inert Debris) ❑ Other:
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NCG020000 N.O.I.
Final Checklist:
A'a
This application will be returned as incomplete unless all of the following items have been included and
initialed for. Please show that the following required information has been included by initialing in each
space below.
MKE Fee of $100 made payable to NCDEQ.
MKE Completed application and all supporting documents.
MKE Copy of the valid approved mining permit (MP) for the facility or indication of MP application status.
MKE Copy of a county map or other general location map that shows the mining site and nearest major roads.
MKE Copy of USGS topographic map showing the mining site and surrounding areas, or other map that clearly
shows site location in relation to nearby streams, wetlands, and other waters, etc.
MKE 2 copies of large-scale (minimum 24" x 36") site plan with topographical lines with
all outfalls, applicable buffers and wetlands clearly delineated, receiving waters, and
100 -year flood plain line if applicable.
MKE A copy of your US Army Corps -approved wetland delineation if you marked "yes" to question 27 above.
MKE A line drawing of the water flow through the facility or block flow diagram. A pictorial description of the
nature of any sources of water and any collection and treatment measures.
N/A If mine site is in one of the 20 Coastal Counties:
• Applicant has checked with the appropriate regional office to verify the need for a Coastal State
Stormwater permit. Indicate the Regional Office Contact:
• Applicant has included a detailed list of impervious surface areas and percentages, sub -drainage
areas, and total drainage area.
MKE If the mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater,
include the following and contact your local regional office about a Pumping Operation and
Monitoring (POM) Plan. An approved POM plan may be required prior to NCG02 issuance.
MKE2 copies of detailed Full Size Plans (at least 24" x 36") delineating areas on the
plans and listing acreage (including: wetlands, ditches, well -placements, pits,
borrow areas, overburden storage, stormwater controls/BMPs, vehicle
maintenance areas, settling basins, product process (such as screening,
stockpiles, waste piles), total drainage area, impervious surface percentages (if
state SW programs apply), applicable buffers, and access and/or haul roads).
N/A Pump dewatering size and information on its specifications.
N/A Well information (design, depths, maintenance).
MKE Physical monitoring for the wetlands areas.
N/A Settling pond sizing information, if applicable.
N/A Level spreader design, if applicable.
MKE Details about dewatering method.
N/A Cone of influence calculations.
MKE Description of measures to prevent erosion and flooding.
N/A Description and information about 401/404 permits that have been obtained.
MKE Copy of US Army Corps of Engineers wetland delineations or approved wetland delineation (if
applicable).
MKEI have contacted my local regional office about a POM Plan.
Regional Office Contact: Th&6 tdl er e tion (WRO) Date contacted: 5-7-2018
-OR-
I will not impact any nearby wetlands, surface waters, or groundwaters by dewatering.
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Certification: North Carolina General Statute 143-215.6 b (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; or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article; or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
[Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to
exceed ten thousand dollars ($10,000).
41) Signatory Requirements (per 40 CFR 122.22)
All applications, reports, or information submitted to the Director shall be signed and certified.
a. All notices of intent to be covered under this General Permit shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this permit, 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
employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if
authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, state, federal, or other public agency: by either a principal executive officer or ranking elected official.
I hereby request coverage under the referenced General 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 agree to abide by the following as a part of coverage under this General Permit:
1. I agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining
permit must be attached to this request.)
2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the
provisions of another NPDES permit specifically issued therefore.
3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection
so as to contain all spills on the site.
4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing
solid waste disposal.
5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not
result in contamination of the surface or ground waters.
I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as
enforceable requirements of the General Permit.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge
and belief such information is true, complete, and accurate.
Printed Name of Person Signing: Ernie Everett
Title: Owner
Afnl� A)42�
(Signature of Applicant) (Date Signed)
Notice of Intent must be accompanied by a check or money order for $100.00 made payable to NCDEQ.
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Mail the entire package to:
Stormwater Permitting Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee coverage under
the NPDES NCG02 General Permit. Upon review of the submittal, the
Division may determine that coverage under an individual permit is
more appropriate. Also be advised that renewed and continued
coverage under NCG02 may be dependent upon the permittees
compliance success and/or status of the receiving waters.
For questions, please contact the DEMLR/Land Quality Section Regional Office for your area.
D_EMLR/Land Quality Section Regional Office Contact Information:
Asheville Office ......
(828) 2964500
Fayetteville Office ...
[phone]
Mooresville Office ...
[phone]
Raleigh Office ........
[phone]
Washington Office
... [phone]
Wilmington Office ...
[phone]
Winston-Salem ......
[phone]
Central Office .........
[phone]
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SOSID: 0815372
Date Filed: 3/20/2017 11:59:00 PM
Elaine F. Marshall
CD -479 (42) BUSINESS CORPORATION ANNUAL RE North Carolina Secretary of State
9-9-16
CA2017 079 09483
NAME OF BUSINESS CORPORATION: ERNIE EVERETT SITE PREP, INC.
SECRETARY OF STATE ID NUMBER: 0815372 STATE OF FORMATION: NC FISCAL YEAR END: 12 31 16
❑X I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55-16-22) has riot
changed and is therefore up to date.
SECTION A: REGISTERED AGENTS INFORMATION
1. NAME OF REGISTERED AGENT:
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS A COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSIN
2. PRINCIPAL OFFICE PHONE NUMBER- 4. PRINCIPAL OFFICE EMAIL:
3. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: NAME:
rrrr>r�l
ADDRESS:
TITLE:
NAME:
TITLE:
ADDRESS: ADDRESS:
SECTION D• CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
^o
SIGNATURE DATE
Form must be signed by an officer listed under Section C of this form.
ERNEST L. EVERETT
Print or Type Name of Officer
PRESIDENT .•
Print or Type Title of Officer
HOW TO FILE AND FEES: TWO FILING OPTIONS
1. File the annual report electronically with the NC Secretary of State for a reduced fee of twenty dollars ($20) — eighteen dollar
($18) filing fee and two dollar ($2) electronic filing fee. File electronically at "File Annual Reports Online" with real time filing; or
2. File the annual report (Form CD -479), in paper form with the NC Department of Revenue for a fee of twenty-five dollars ($25).
Mail Form CDA79 to NC DOR, PO Box 25000, Raleigh, NC 27640-0500. The paper return is not a real-time filing and will
take longer to process.
Note: North Carolina law does not permit Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs) to file
the annual report with the NC Department of Revenue. Therefore, all LLCs and LI -Ps must file directly with the NC Secretary
of State's Office at the link above.

SOSID: 0815372
Date Filed: 3/20/2017 11:59:00 PM
Elaine F. Marshall
CD -479 (42) BUSINESS CORPORATION ANNUAL RE North Carolina Secretary of State
9-9-16
CA2017 079 09483
NAME OF BUSINESS CORPORATION: ERNIE EVERETT SITE PREP, INC.
SECRETARY OF STATE ID NUMBER: 0 815 3 7 2 STATE OF FORMATION: NC FISCAL YEAR END: 12 31 16
x1 I hereby certify that an annual report completed in its entirety has been submitted and the information requested below (required by NCGS 55-16-22) has riot
changed and is therefore up to date.
SECTION A: REGISTERED AGENTS INFORMATION
1. NAME OF REGISTERED AGENT:
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS:
2. PRINCIPAL OFFICE PHONE NUMBER- 4. PRINCIPAL OFFICE EMAIL:
3. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 5. PRINCIPAL OFFICE MAILING ADDRESS
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: NAME: NAME:
TITLE: TITLE: TITLE:
ADDRESS:
ADDRESS:
ADDRESS:
SECTION D• CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
SIGNATURE DATE
Form must be signed by an officer listed under Section C of this form.
ERNEST L. EVERETT
Print or Type Name of Officer
PRESIDENT -
Print or Type Title of Officer
HOW TO FILE AND FEES: TWO FILING OPTIONS
1. File the annual report electronically with the NC Secretary of State for a reduced fee of twenty dollars ($20) — eighteen dollar
($18) filing fee and two dollar ($2) electronic filing fee. File electronically at "File Annual Reports Online" with real time filing; or
2. File the annual report (Form CD -479), in paper form with the NC Department of Revenue for a fee of twenty-five dollars ($25).
Mail Form CD479 to NC DOR, PO Box 25000, Raleigh, NC 27640-0500. The paper return is not a real-time filing and will
take longer to process.
Note: North Carolina law does not permit Limited Liability Companies (LLCs) and Limited Liability Partnerships (LLPs) to file
the annual report with the NC Department of Revenue. Therefore, ail LLCs and LLPs must file directly with the NC Secretary
of State's Office at the link above.

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Water Resources
fim ironmenlai Qualil�
February 21, 2018
Ernest L. Everett
PO Box 5335
Kinston, North Carolina 28503
ROY COOPER
MICHAEL S. REGAN
,4ecrelrn•p
LINDA CULPEPPER
Inlerirn Dii-eclor
18-0098
LENOIR County
Subject: On -Site Stream Origin Determination for Applicabillty to Neuse Riparian Buffer Rules (15A NCAC 02B.0233)
Subject Property/ Project Name: Turkey Path Pit (Lynwood Everett sand mine)
Address/Location: N side of US HWY 70, approximately 0.5 miles W from intersection with US HWY 258 S
Stream(s) Evaluated: 3 (UT to Neuse River, Class C; Sw, NSW; Stream Index tt27-(75.7), Neuse River Basin)
Determination Date: January 24, 2018
Staff: Chris Pullinger
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 026 .0233)
❑ Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B.0259)
18-0098 A
❑ Catawba (15A NCAC 02B.0243)
X
❑ Jordan (15A NCAC 02B.0267) (governmental
18-0098 A End
and/or interjurisdictional projects)
18-00986
❑ Randleman (15A NCAC 02B.0250)
X
❑ Goose Creek (15A NCAC 02B.0605-.0608)
18-0098 B End
Stream
E/I/P*
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18-0098 A Start
18-0098 A End
18-00986
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18-0098 8 Start
18-0098 B End
X
18-0098 C
P
X 18-0098 C Start
18-0098 C End X
X
*E/I/P = Ephemeroontermittent/Perennial
The Division of water Resources has determined that the streams listed above and included on the attached map
have been located on the most recent published NRCS Soil Survey of Lenoir County, North Carolina and/or the
most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse
Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least
intermittent or not present on the property. Streams that are checked "Subject" have been located on the
property and possess characteristics that qualify them to be at least intermittent streams. There may be other
streams or features located on the property that do not appear on the maps referenced above but may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWR may request a determination by the Director. An appeal
request must be made within sixty (60) calendar days of date of this letter to the Director In writing.
`Nothing Compares
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mail. Washington, North Carolina 27889
252-946-6481

If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 2 7699-1 61 7
If sending via delivery service (UPS, FedEx, etc.):
c% Karen Higgins
DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Raleigh Regulatory Field Office at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at [phone].
Sincerely,
?.W z
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy
LASERFICHE
Don Quinn (via e-mail: [e-mail])

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-00294 County: Lenoir County U.S.G.S. Quad: Falling Creek
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Ernie Everett
Address: 1517 Hwy 258 South
Kinston, NC, 28504
Telephone Number: [phone]
Size (acres) 20 acres
Nearest Waterway Gum Swamp Creek
USGS HUC 03020202
Nearest Town Kinston, NC
River Basin Neuse
Coordinates Latitude: 35.325
Longitude: -77.682
Location description: This 20 acre recently logged tract is located on the north side of HWY 70 approximately 0.5 miles
west of its intersection with HWY 258 S in Kinston, Lenoir County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, 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
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. 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 the 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 are wetlands on the above described 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
waters, including 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 overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
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 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 waters of the U.S., including wetlands, on the above described project area 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 waters of the U.S. on your 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.
Page 1 of 2

SAW -2018-00294
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five
years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . 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.
X There are no waters of the U.S., to include wetlands, present on the above described project area 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 [phone] 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 Gary Beecher at [phone] or
Ga ry.H.Beecher(a�usace.army.mil.
C. Basis For Determination: This site does not exhibit the (3) wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement.
D. Remarks:
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 del ineation/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. Ifyou 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 May 5, 2018.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
BEECHER.GARY.H.1052973 Digitally sighed by BEECHER.GART.H.1052973208
DN: c=US, o=U.S. Govemment, ou=DoD, ou=PKI,
Corps Regulatory Official: 208 ou=USA,cn=BEECHER.GARY.H.1052973208
Date!20!8.03.Q61Q!593l 0900
Date: March 6, 2018 Expiration Date: March 6, 2023

SAW -2018-00294
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hgp:Hcorpsmgpu.usace.army.mil/cm apex/Pp=136:4:0.
Copy Furnished via e-mail to:
Don Ouinn
113 Oliver Fountain Road
Chin4uauin, NC 28521
[phone]
Douinn5alec.rr.com

ce w_7n 1 u_mnne
Applicant: File Number: Date:
Ernie Everett SAW -2018-00294 March 6, 2018
Attached is: See Section
below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
ERED PERMIT (Standard Permit or Letter of ermission) B
T DENIAL C
VED JURISDICTIONAL DETERMINATION D
L
INARY JURISDICTIONAL DETERMINATION E
---------------.ter.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section I1 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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