WQ0003216_Final Permit_19911115

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27626
James G. Martin, Governor
William W. Cobey, Jr., Secretary
George T. Everett, Ph.D.
Director
November 15, 1991
Mr. John Burns, Director of Engineering
Cherokee Sanford Group, Incorporated
1600 Colon Road
Sanford, North Carolina 27330
Subject: Permit No. WQ0003216 Amendment
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, the permit adjudication
requests received August 10, 1990 and July 15, 1991, and the permit amendment request received
September 11, 1991, we are forwarding herewith Permit No. WQ0003216, dated November 15,
1991, to Cherokee Sanford Group, Incorporated for the construction and operation of the subject
petroleum contaminated soils storage and disposal/remediation system. This permit amendment
consists of modifying several conditions to address the hydraulic conductivity of the cap and base
liner material, base liner thickness of the OCS stockpile and adjacent pond, placement and storage
time of petroleum contaminated soils in the OCS and blended stockpiles, elimination of permit
conditions that duplicate restrictions in the Cherokee Sanford Group air quality permit, allows the
use of tested retainment pond water for dust control, control of foreign debris and documentation
of the operation as requested in the permit adjudication and amendment requests. Permit condition
I1I.2a and b has been modified to correct descriptive language.
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.
Issuance of this permit hereby voids Permit No. WQ0003216 issued July 11, 1990.
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27625-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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.Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. John
Seymour at 9191733-5083.
r
Sincerely,
GeorgeJXrett
cc: Lee County Health Department
Raleigh Regional Office
Patterson Exploration Services
Groundwater Section
Mr. John Holley, RRO
Training and Certification Unit
Facilities Assessment Unit

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HFiALTH 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
Lee County
FOR THE
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 1 -foot thick continuous liner (permeability
coef. 1 x 10-6 or slower for the pond and coef. 1 x 10-7 for the stockpile pad) under both
stockpile and retention pond; next contaminated soils will be blended with mined material and
stored on a 1 -foot thick base (permeability coef. 1 x 10-6 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 the permit amendment request
received September 11, 1991, and permit adjudication requests received August 10, 1990, and
July 15, 1991 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/ 571-4700 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. This permit 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.

3. 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.
4. 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.
5. 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.
6. Cherokee Sanford Group, Incorporated shall accept only minerals, clays, silts,
sands, or soils which are uncontaminated or contaminated with Class I and Class 11
petroleum hydrocarbons, hydraulic oils, transmission fluids, lubricating oils,
naphthalene, mineral oils, and mineral spirits (including stoddard solvent and
varsol), provided that the combination of contaminants in said material does not
cause the mixture to be classified as a hazardous material under Part 261 of Title 40
of the Code of Federal Regulations, CERCLA, or any North Carolina or Federal
regulation.
II. 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.
III. MONITORING AND REPORTING REQUIREMENTS
1. 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

2. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh, Regional Office telephone
no. 919/ 571-4700, 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 stockpile program which results in the acceptance of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the stockpile program including retention ponds 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.
e. 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 from 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. average fuel concentration (ppm)
f. quantity of soil accepted (tons)
g. date spread and weather conditions
h. date capped and weather conditions
IV. GROUNDWATER REQUIREMENTS
1. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
3

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. Cherokee Sanford Group shall provide the Division of Environmental Management,
Groundwater Section with all analytical data for those soils containing contaminants
other than Class I and Class II Petroleum Hydrocarbons.
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 one (1) foot of clay having a
hydraulic conductivity no greater than 1 x 10-7 cm/sec.
8. At the end of each day of operation, the upper surface of the OCS stockpile shall be
graded and rolled with construction equipment in such a way as to prevent the
ponding of surface water on the stockpile, to minimize surface water infiltration into
the stockpile material and to promote surface drainage to the retention pond. In the
event the OCS stockpile cannot be graded and rolled at the end of a days operation,
the stockpile must be covered with an impermeable tarp until such time as the upper
surface of the stockpile can be reworked.
9. The petroleum contaminated soils shall be thoroughly mixed with clean brick soil
material and placed within the blended stockpile upon a minimum of onc�l) foot of
impermeable clay having a hydraulic conductivity no greater than 1 x 10 -cm/sec.
10. Contaminated material shall not be placed closer than five (5) feet from the edge of
either the OCS stockpile or the blended stockpile.
11. The blended stockpile shall be capped with a minimum of 6 inches of brick soil
material at the end of each days operation. Upon completion, the blended stockpile
shall be capped with a minimum of 12 inches of brick soil material on the top and 5
feet on the side slopes.
12. 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.
13. Following installation and inspection of all liners, and prior to the placement of
petroleum contaminated soils upon these liners, verification of the liner's
compliance with hydraulic conductivity and thickness specifications must be
provided to the Division of Environmental Management, Groundwater Section.
0

14. Retention pond water may be either used as process water in the brick making
process, or if the hydrocarbon content of the water as determined by EPA test
methods 624 and 625 or 601, 602 and 610 is less than 10 ppm, the water may be
used for dust control in the mining area. Written permission for use as dust control
must be received from the Division's Raleigh Regional Office. Otherwise, no other
discharge shall occur from the retention pond.
Detailed records of water usage for dust control shall be maintained by the Permittee
for a period of three years from the date of the water application and shall be made
available upon request to the Division of Environmental Management or other
permitting authority. These records shall include but not be limited to:
a) sampling test results for each water use event
b) amount of water used in each event
c) written authorization from the Division's Regional Office
(an event shall be defined by the Raleigh Regional Office)
15. Cherokee Sanford Group shall ensure that all foreign debris (non -brick making
material) shall be removed from the contaminated soil prior to acceptance of the
contaminated soil by Cherokee Sanford Group. Foreign debris removed from
contaminated soil, at the Cherokee Sanford Group property, shall be stored in a
suitable container after initial soil separation, unless specific approval is granted by
the Division's Raleigh Regional Office to only accommodate emergencies or
extenuating circumstances. This foreign debris must be disposed of in a manor
consistent with all statutes, rules, regulations, or ordinances which may be imposed
by government agencies (local, state, and federal) which have jurisdiction.
V. INSPECTIONS
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
1. This permit shall become voidable unless the contaminated soil is disposed of in
accordance with the conditions of this permit and the approved documents.
WI

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.
6. 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 (c)(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.
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. Issuance of this permit hereby voids Permit No. WQ0003216 issued July 11,
1990.
Permit issued this the 15th day of November, 1991
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
George T. Eve tt, Director
Division of En ironmental Management
By Authority of the Environmental Management Commission
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