WQ0003216_Final Permit_19900711

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
Jaynes G. Martin, Governor
William W. CoN y, Jr., Secretary
George T. Everett, Ph.D.
Director
July 11, 1990
Mr. John Burns, Director of Engineering
Cherokee Sanford Group, Incorporated
Post Office Box 458
Sanford, North Carolina 27330
Subject: Permit No. WQ0003216
Cherokee Sanford Group, Inc.
Lee County Mine, Sanford, N.C.
Petroleum Contaminated Soils
Lee County
Dear Mr. Burns:
In accordance with your application received March 9, 1990, we are forwarding herewith
Permit No. WQ0003216, dated July 11, 1990, to Cherokee Sanford Group, Incorporated for the
construction and operation of the subject petroleum contaminated soils storage and disposal/
remediation system.
This permit shall be effective from the date of issuance until June 30, 1995, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
you have the right to request an adjudicatory hearing upon written request within 30 days
following receipt of this permit. This request must be in the form of a written petition, conforming
to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall
be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, please contact Mr. John Seymour at 919/ 733-5083.
aerelly,
0�z
George T. E
cc: Lee County Health Department
Raleigh Regional Office
Patterson Exploration Services
Groundwater Section
Mr. John Holley, RRO
Training and Certification Unit
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
CONTAMINATED SOILS DISPOSAL PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Cherokee Sanford Group , Incorporated
Stanly County
60f O
construction and operation of a petroleum contaminated soils storage and remediation/ disposal
system consisting of: first the examination of documents and test results; if acceptable the "Offsite
Contaminated Soil" is compacted into a stockpile having a maximum capacity of 10,000 cubic
yards, a ten year storm (67,320 gallon) retention pond, a stormwater runoff diversion swale and
berm surrounding stockpile and pond together, and a 3 -foot thick continuous liner ( permeability
coef. 1 x 10 l br slower) under both stockpile and retention pond; next contaminated soils will be
blended with mined material and stored on a 3 -foot thick base ( permeability coef. 1 x 10Y7 or
slower ) and capped with 1 -foot and 5 -feet on sides with mined material; as needed blended
contaminated soils will be stored in hoppers or bins and used in the brick making process with no
discharge of wastes to the surface waters, pursuant to the application received March 9, 1990 and
in conformity with the project plan, specifications, and other supporting data subsequently filed
and approved by the Department of Environment, Health and Natural Resources and considered a
part of this permit.
This permit shall be effective from the date of issuance until June 30, 1995, and shall be subject
to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The Raleigh Regional Office, phone no. 919/ 733-2314, shall be notified at least
twenty-four (24) hours after stockpiling of the contaminated soil so that an
inspection can be made. Such notification to the regional supervisor shall be made
during the normal office hours from 8:00 a.m, until 5:00 p.m. on Monday through
Friday, excluding State Holidays.
2. Upon completion of construction and prior to operation of this permitted system, a
certification must be received from a professional engineer certifying that the
permitted system has been installed in accordance with this permit, and the
approved plans and specifications. Mail the Certification to the Permits and
Engineering Unit, P.Q. Box 27687, Raleigh, NC 27611.

3. This permit shall become voidable if the soils fail to adequately assimilate the
wastes and may be rescinded unless the facilities are installed, maintained, and
operated in a manner which will protect the assigned water quality standards of the
surface waters and ground waters.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.
5. The issuance of this permit shall not relieve the Permittee of the responsibility for
damages to surface or groundwaters resulting from the operation of this facility.
6. The following buffers shall be maintained:
a) 100 feet between disposal area and any public or private water supply including
wells
b) 100 feet between disposal area and "SA and SB" classified surface waters
c) 50 feet between disposal area and any stream, lake, river or natural drainageway
d) 50 feet between disposal area and property lines
e) 10 feet between disposal area and surface water interceptor drains or diversions
(upslope)
f) 25 feet between disposal area and surface water interceptor drains or diversions
(downslope) and groundwater drainage systems.
7. No contaminated soil other than nonphotochemically reactive virgin fuel
contaminated soils shall be accepted for the subject disposal system.
Only soils that are contaminated with gasoline, kerosene, light oil, jet fuel, or diesel
fuel may be accepted.
9. No waste fuels of oils may be accepted(waste refers to other than virgin).
H. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Cherokee Sanford Group shall conduct this operation in a manner that will prevent,
as much as possible, precipitation events from occurring on uncapped contaminated
soils.
3. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
4. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastewater resulting from the operation of this
facility.
5. No food -chain crops shall be grown on the storage and related mining sites
following the completion of contaminated soil remediation program.
2

Ill. MONITORING AND REPORTING REQUIREMENTS
Any monitoring deemed necessary by the Division of Environmental Management
to insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh, Regional Office telephone
no. 919/ 733-2314, as soon as possible, but in no case more than 24 hours or on
the next working day following the occurrence or first knowledge of the occurrence
of any of the following:
a. Any occurrence with the land application program which results in the land
application of significant amounts of wastes which are abnormal in quantity or
characteristic.
b. Any failure of the land application program resulting in a discharge of wastes to
receiving waters.
c. Any time that self-monitoring information indicates that the facility is not in
compliance with the conditions and limitations of this permit or the parameters
on which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the
facility incapable of adequate sludge treatment.
Any spillage or discharge from a vehicle or piping system transporting
contaminated soil to the application site.
Persons reporting such occurrences by telephone shall also file a written report
in letter form within 15 days following first knowledge of the occurrence. This
report must outline the actions taken or proposed to be taken to ensure that the
problem does not recur.
3. Cherokee Sanford Group shall maintain a record of where soil form a particular
contamination episode is placed on the storage area.
4. Cherokee Sanford Group shall maintain a copy of the soil fuel analysis report for
each contamination episode.
5. Cherokee Sanford Group shall maintain records for the contaminated soil operation
( on a per load basis ) which include, but are not necessarily limited to the
following:
a. date received and weather conditions
b. company or person delivering
c. facility from which soil removed
d, type of contamination (gasoline, diesel fuel, etc.)
e. confirm virgin fuels (yes, no)
f. average fuel concentration (ppm)
g. quantity of soil accepted (cubic yards)
h, date spread and weather conditions
i. date capped and weather conditions
3

IV. GROUNDWATER REQUIREMENTS
I. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
2. The retention pond shall have a liner of natural material at least one foot in thickness
at all locations with a hydraulic conductivity of no greater than 1 x 10-6 centimeters
per second when compacted. Following installation and inspection of the retention
pond, and prior to waste disposal operations, verification of the liner's compliance
with hydraulic conductivity and thickness specifications must be provided to the
Division of Environmental Management, Groundwater Section, by the project
engineer.
3. The OCS stockpile and retention pond shall be surrounded by a Swale and berm
combination that will divert runoff from the stockpile to the pond and prevent sheet
water flow from entering the stockpile area.
4. No discharge shall occur from the retention pond.
5. Stanly Mine shall accept only those soils contaminated with Class I or Class 11
petroleum products as part of their raw brick soil material.
6. No soils contaminated with substances defined as a hazardous substance in Section
101 (14) of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) of 1980 shall be incorporated into the brick making
process.
7. The contaminated soil shall be placed within the OCS stockpile upon an
impermeable base consisting of a minimum. of three (3) feet of clay having a
hydraulic conductivity no greater than 1 x 10-7 cm/sec.
8. The contaminated soil shall be spread in lifts not to exceed 8 inches within the OCS
stockpile.
9. Immediately after placement within the OCS stockpile a minimum of 12 inches of
clean brick soil material shall be placed over the petroleum contaminated soil. Once
all the offsite petroleum contaminated soil has been received an additional 24 inches
of brick soil material having a hydraulic conductivity no greater than 1 x10-7 cm/sec
shall be placed over the entire offsite material.
10. The petroleum contaminated soils shall be thoroughly mixed with clean brick soil
material and placed within the blended stockpile upon a minimum of three (3) feet
of impermeable clay have a hydraulic conductivity no greater than 1 x 10-7 cm/sec.
11. Contaminated material shall not be placed closer than five (5) feet from the edge of
either the OCS stockpile or the blended stockpile.
12. The blended stockpile shall be capped with a minimum of 12 inches of brick soil
material at the top and 5 feet on the side slopes having a hydraulic conductivity of
no greater than 1 x 10-7 cm/sec.
13. Contaminated material shall not exceed 15% of any one stockpile.
14. The upper surface of both the OCS stockpile and the blended stockpile shall be
graded in such a way as to prevent the ponding of surface water.
El!

V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee
to insure proper operation of the subject facilities.
2. The Permittee or designee shall inspect the contaminated soil area to prevent any
discharges which may cause or lead to the release of wastes to the environment, a
threat to human health, or a nuisance. The Permittee shall keep an inspection log or
summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of
inspections shall be maintained by the Permittee for a period of three years from the
date of the inspection and shall be made available upon request to the Division of
Environmental Management or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division of
Environmental Management may, upon presentation of credentials, enter and
inspect any property, premises or place on or related to the disposal site and facility
at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records that must be kept under the terms and conditions
of this permit; or may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the contaminated soil is disposed of in
accordance with the conditions of this permit and the approved documents.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division of Environmental Management
accompanied by an application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request will
be considered on its merits and may or may not be approved.
4. In any future transfer of this land, a notice shall be given to the new owner that
gives full details of the materials applied or incorporated at this site.
5. A set of approved documents for the subject project must be retained by the
applicant for the life of the project.
b. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6.
7. The annual administering and compliance fee must be paid by the Permittee within
thirty (30) days after being billed by the Division. Failure to pay the fee
accordingly may cause the Division to initiate action to revoke this permit as
specified by 15 NCAC 2H.0205 (e)(4).
8. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
5

9. The Permittee, at least six months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request, the Commission will review the
adequacy of the facilities described therein, and if warranted, will extend the permit
for such period of time and under such conditions and limitations as it may deem
appropriate.
10. The average fuel concentration in the contaminated soil must be no greater than.
1,200 ppm.
11. The contaminated soil must be no more than 15% of the contaminated soil/brick
material mixture.
Permit issued this the 11 th day of July, 1990
TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
George T. Ever , birwto
Division of Env'' 1 anagement
By Authority of the En -mental Management Commission
R"

Permit No. WQ0003216
July 11, 1990
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project, , for the
Project Name Location
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Signature
Date
Registration N

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