NCG020755_NOV-2009-DV-0192_20100302

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 2, 2010
CERTIFIED MAIL #7007 0220 0000 8216 7091
RETURN RECEIPT REQUESTED
Elijah Morton
Morton Minerals, Inc.
121 Garnet Lane
Jacksonville, NC 28546
Subject: tCONTINUED NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
RE: NOV-2009-DV-0192
Morton Minerals, Inc.
Operating without a Stormwater Permit
Onslow County
Dear Mr. Morton,
The Division of Water Quality received an application from you for the Morton Minerals,
Inc. mine pit off Highway 17, in Jacksonville on August 20, 2009. The application
requires an approvable Operation and Monitoring Plan be provided. This office has
requested that the NPDES Stormwater Permitting Unit issue the NPDES General Permit
under the certificate of coverage NCG020755. The Operation and Monitoring Plan
required by this permit requires a wetland delineation be conducted to determine the
location of adjacent wetlands, to identify appropriate locations for wetland monitoring,
and to determine whether there have been impacts to the adjacent wetlands as a result of
the mining activities. To date, the wetland delineation has not been conducted.
In order to ensure the existing stormwater and wastewater discharges from this mine site
are not currently impacting water quality in the receiving stream, the following action
items and timelines are hereby requested:
1. . Upon receipt of the Certificate of Coverage, implement weekly monitoring of all
stormwater outfalls from the mine pit and institute weekly monitoring for the pit
dewatering discharge. You must have the samples analyzed by a certified
laboratory. The required parameters for stormwater discharges from the pit are
settleable solids, total suspended solids, and turbidity. The required parameters
for the pit wastewater are pH, settleable solids, total suspended solids, and
N. C. Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, NC 28405
Phone: [phone] FAX: [phone] One
Customer Service: 1-877-623-6748 NorthCc`lt`ohna.
Internet: www.ncwaterquality.org /��
An Equal Opportunity 1 Affirmative Action Employer at�rdd

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Morton Minerals, Inc.
Onslow County
turbidity. You must also provide rainfall data, duration of rainfall event and flow
for the stormwater discharges. Total flow for the pit dewatering is required and
should be provided using pump logs and pump curves. You will be required to
forward the analytical data from the laboratory using the daily monitoring
reporting forms (enclosed) within 10 days of receiving the analytical data frome
the laboratory. You will be required to maintain this monitoring schedule tiil
further notice by this office.
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Requested Response
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This Office requests that you respond in writing within 10 days of receipt of this Noti ,
Your response should be sent to both this office at the letterhead address and to the
attention of Mr. John Hennessey at the Wetlands and Stormwater Branch, NPS
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Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617. Your response should address the following items:
1. You understand the requirements specified in this Continuing Notice of Violation
and Recommendation for Enforcement (NOV-2009-DV-0192).
2. You will provide this office with dates upon which you intend to provide a
verified wetland delineation and an approvable Operation and Monitoring Plan.
Thank you for your attention to this matter. Failure to conduct the requested monitoring
and failure to respond to this Continued Notice of Violation and Recommendation to
Enforce may result in enforcement actions. Should you have any questions regarding
these matters, please contact me at 910-796-7215.
Sincerely,
_.-� � ram_ C.r l � - i�`-_=. , •„�.,- •� � i - �.. `'`1
Rick Shiver
Regional Supervisor
Surface Water Protection Section
cc: Rick Shiver— DWQ Wilmington Regional Office Supervisor
Bradley Bennett — Stormwater Permitting Unit
John Hennessey — NPS Assistance and Compliance Oversight Unit
DWQ Central Files