HomeMy WebLinkAboutEcology Letter Surface Mine - PLN General - 12/29/2010 F STATg
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47775• Olympia, Washington 98504-7775• (360) 407-6300
December 29, 2010
CERTIFIED MAIL 7010 0780 0002 3400 1861
c Your address
Mr. Allen Shearer is in the
Allen Shearer Sand & Gravel LLC Kitsap
P.O. Box 1880 watershed
Belfair, WA 98528-1880
Re: Sand& Gravel Permit Number WAG-50-1177 Old Belfair Pit
Dear Mr. Shearer:
This letter is to remind you of your outstanding Sand& Gravel General Permit responsibilities at
Old Belfair mine in Mason County (permit number WAG-50-1177). During the current wet
weather season it is especially important that you take the steps that are necessary to effectively
prevent soil erosion, control storm water turbidity, and account for all water discharges such that
you are compliant with the conditions of the Sand and Gravel General Permit.
The following is a summary of your Sand & Gravel General Permit Status:
• The Old Belfair mine site is covered under the Sand and Gravel General Permit/No.
WAG501177. Allen Shearer is currently listed by the Department of Ecology (Ecology)
as the Sand and Gravel General Permit holder.
• This mine site is also under an active Surface Mine Reclamation Permit No. 70-012066,
which is administered by the Washington Department of Natural Resources.
• Recent non-compliance history:
1. You are delinquent for non-payment of required Sand & Gravel General Permit fees.
2. Your monitoring plan for the Old Belfair mine site must account for all discharges to
ground water and surface water from this site. Note that the last Discharge
Monitoring Report received from your facility was for the first quarter of 2004.
3. On December 21, 2009,Ecology Sand and Gravel Permit Manager, Scott Morrison,
inspected the Old Belfair mine site after receiving a report communicating that turbid
water had flowed off the mine site on December 16, 2009. A slope failure had
occurred in the lower haul road area displacing sediment. Runoff carried this
sediment through the former scale house area and down to the neighboring property
where sediment was deposited.
Ca!
Mr. Allen Shearer
Page 2
4. The December 21, 2009, inspection report(dated January 4, 2010)required that you
submit compliant Erosion& Sediment Control and Monitoring Plans within(15)
days. Ecology received plan proposals on January 25, 2010; however,they were
rejected because they lack adequate controls for site erosion and monitoring of water
discharges from the Old Belfair facility.
5. On February 18, 2010, Ecology Sand and Gravel Permit Managers, Scott Morrison
and Chris Johnson, returned to the Old Belfair sand and gravel mine site. During this
inspection,the Ecology inspectors found that uncontrolled highly turbid storm water
discharges had flowed offsite in the area of the former scale house during storm
events. The runoff had flowed onto the adjacent property,traveled through a drainage
ditch along the Old Belfair Highway, and through a culvert under the highway. The
turbid water eventually discharged into the Union River. The highly turbid water that
flowed off site from this location on December 16,2009, constitutes a violation of the
Sand and Gravel General Permit.
6. On July 19, 2010, Ecology issued a Notice of Penalty(#7736) for violating the
conditions of the Sand and Gravel General Permit,as cited above. At the same time,
you were issued an Administrative Order(#7735). The Administrative Order
required the following Corrective Actions:
• Within 30 days of receipt of the Order submit a Stormwater Pollution Prevention
Plan(SWPPP), and Monitoring Plan as described below. Ecology will review the
Plans and return its comments to the permittee. The permittee will revise and re-
submit the Plans within fifteen days of receipt of Ecology's comments. If the re-
submitted Plans do not adequately address Ecology's comments to be approvable,
Allen Shearer Sand& Gravel LLC will be assessed additional penalties for failure
to comply with this requirement. The permittee shall begin implementation of the
Plans immediately upon Ecology's final approval.
o Your Stormwater Pollution Prevention Plan(SWPPP)requires revision
(updating). Refer to Special Conditions S9, page 24. The Erosion and
Sediment Control Plan map (Jan. 2003), which you submitted to Ecology on
January 28, 2010, is not acceptable. This map does not represent current site
conditions, nor is it compliant with the permit conditions. You must provide a
revised(updated)Erosion and Sediment Control Plan identifying geotechnical
engineering management practices employed to effectively stabilize sediment
sources and prevent soil erosion at the mine site. The control of stormwater
runoff and stability of fill slopes is of particular concern. Refer to permit
Special Conditions S9, pages 28-29.
Uncontrolled stormwater flows off the southeast portion of the mine site in the
area of the former scale house and office. This runoff flows onto the adjacent
property and then travels through a drainage ditch alongside the Old Belfair
Highway and through a culvert under the highway. This water eventually
discharges into the Union River. Note that highly turbid water was discharged
off site from this location on December 16, 2009. This is in violation of the
General Permit conditions. Refer to permit Special Conditions S2, page 11
and S1,pages 5-6. Sediment from the Old Belfair Highway mine has also
been deposited onto neighboring property. The SWPPP that you provided to
date is not acceptable. It does not address the above mentioned turbid
Mr. Allen Shearer
Page 3
stormwater runoff concerns. You must provide a revised/updated plan
identifying engineering management practices that will prevent turbid (> 50
NTU) stormwater discharge. As part of this plan revision, you should include
an engineered design for the lower sediment retention pond, demonstrating a
10-year, 24-hour storm design. This should include an accurate description of
the materials and design parameters used in its construction and/or
modification needed to meet the required storm event design. See permit
Special Conditions S7, page 22 and S9, pages 24-29.
o Update your monitoring plan such that it accounts for all discharges to both
ground water and surface water from this site. Note that your plan is subject
to annual review and revision(update), necessary to represent current facility
conditions. Refer to permit Special Conditions S5, pages 17-18 and S6,
pages 19-21.
Highly turbid stormwater has been discharged from the mine site during storm
events. You are required to report stormwater discharges. Note that the last
Discharge Monitoring Report received from your facility was for the first
quarter of 2004. Refer to permit Special Conditions S4.
• The Penalty has not been paid, and the Corrective Actions required by the
Administrative Order have not been fulfilled.
Ecology is particularly concerned that you did not undertake the Corrective Actions required by
the Administrative Order during the dry summer months to stabilize the site prior to the wet
season. The site remains unstable and there is high potential for additional slope failures and
discharge of turbid water, mud, and sediment during heavy rainfall events. As the permit holder,
you are liable for failure to complete the Corrective Actions and could be subject to additional
penalties, especially if there are slope failures leading to discharges of turbid water, mud, or
sediment.
It is the sincere desire of Ecology to see your success in controlling erosion, preventing turbid
storm water discharge, and accounting for all water discharges from the Old Belfair facility per
the conditions of the Sand and Gravel General Permit.
If you need assistance, please contact me at 360-407-7194 or chris.johnson e,ecy.wa. og_v.
Sincerely,
Chris Johnson, Sand and Gravel General Permit Manager
Southwest Region
Water Quality Program
cc: L"k-fien Borden, Mason County
Scott Morrison, Ecology
Marc Pacifico, Ecology
WAG 50-1177 (2010)
United States Environmental Protection Agency
EPA Washington D.C.20460 Form Approved.
14"IV OMB No.2040-0057
Water Compliance Inspection Report Approval expires 10-31-95
Section A: National Data System Coding i.e.,PCS
Transaction Code NPDES yr/mo/dy Inspection Type Inspector Facility Type
1 NJ 2 LU 3 IWIAIGI 50-1177 111 12 10 1217 17 18 J� 191J 20121
Remarks
211 1111111111111111111111111111L1111IIIIIIIIIIIIIIIIIIIIIII11166
Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA -----------------Reserved----------------------
67 69 70 Lj 71 Lj 72 Lj 73 Lij 74 75 80
Section B: Facility Data
Name and Location of Facility Inspected: Entry Time/Date Permit Effective Date
Allen Shearer Sand&Gravel 10:05 a.m. 10/01/10
2493 NE Old Belfair Highway 12/17/2010
Belfair Exit Time/Date Modification Effective Date
11:20 a.m.
12/17/2010
Name(s)of On-Site Representative(s)/Title(s)/Phone Number Other facility data Permit Expiration Date.
NA
Name,Address of Responsible Official/Title/Phone Number 10/01/15
Allen Shearer
Allen Shearer Sand&Gravel
P O Box 1880
Belfair,WA 98528-1880 Contacted? Yes
Section C: Areas Evaluated During Ins ection Check only those areas evaluated)
Permit Flow Measurement Operations&Maintenance CSO/SSO(Sewer Overflow)
X
X Records/Reports Self-Monitoring Program Sludge Handling/Disposal Pollution Prevention
X X
Facility Site Review Compliance Schedules Pretreatment Multimedia
X X
Effluent/Receiving Laboratory Stormwater Other:
X Waters rX
Section D: Summary of Findings/Comments(Attach additional sheets of narrative and checklists as necessary)
Chris Johnson conducted an onsite inspection and file review for the Old Belfair mine (WAG-50-1177) on
12/17/10. Scott Morrison and Marc Pacifico (Washington Dept. of Ecology) accompanied Mr. Johnson on this
inspection. The U.S.National Weather Service reported about 1.08 inches of precipitation during the previous
5-days. Skies were partly cloudy during this site visit. For further detail concerning compliance requirements,
please refer to the attached Dept. of Ecology letter dated 12/29/10.
During this inspection, heavy sedimentation was observed on asphalt pavement of the lower mine haul/
entrance road. See Photo 1. Uncontrolled storm water runoff and slope failures (in wet soils)have caused the
erosion of soil from upland areas of the Old Belfair mine. This erosion has been a source for turbid water
discharge offsite to the Union River.
Uncontrolled storm water flows have discharged offsite from the mine entrance road. This runoff flows through
a drainage ditch alongside the Old Belfair Highway and through a culvert under the highway. See Photo 2. This
water eventually discharges into the Union River.
Latitude and Longitude Verified? NO X Announced announced
Name(s)and Signature( of Inspector(s) Agency/Office/Hone and Fax Numbers Date
Chris Johnson: - Ecology/SWRO (360)407-6292 12/17/2010
F
Signature of Management A Q Reviewer Agency/Office/Phone and Fax numbers Date
oe
Steven G.Eberl,P.E. Ecolo /SWRO 360 407-6293
Rev. 1/22/97
Photo 1 shows heavy sedimentation on asphalt pavement of the lower mine haul / entrance road
(looking downslope and east toward Old Belfair Highway).
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Allen Shearer Sand & Gravel
WAG-50-1177 December 17, 2010
Photo 2 shows the location where uncontrolled storm water flows have discharged offsite from the mine
entrance road. This runoff flows through a drainage ditch alongside the Old Belfair Highway(indicated by a
yellow arrow) and through a culvert under the highway. This water eventually discharges into the Union
River.
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Allen Shearer Sand & Gravel
WAG-50-1177 December 17, 2010
2
RECEIVED
JAN 1 _ 1
Hood Canal Land & Gravel, LP M C C D - P LA, "J I iV G
Telephone (949) 654-3671 336 Cajon Terrace
Fax (949) 715-5631 Laguna Beach,California 92651
January 11, 2010
Community Development Dept.
P.O. BOX 279
Shelton, Wa. 98584
Re: County Approval for Surface Mine
Gentlemen,
We have received a request from the Department of Natural Resource for a "County
Operational Permit or written confirmation of Mason County allowance per nonconforming
use at the Old Bef air site." The DNR also requires the enclosed SM-6 Form demonstrating
County approval of our proposed subsequent use.
We are in the process of terminating the Surface Mine Permit for this property.
I thank you in advance for your assistance on this matter
Very truly yours, r,_
ffrey . Hartman
COUNTY OR MUNICIPALITY
%40WASHINGTON STATE DEPARTMENT OF APPROVAL FOR
a Natural Resources
SURFACE MINING
(Form SM-6)
NAME OF COMPANY OR INDIVIDUAL APPLICANT(S) TOTAL ACREAGE AND DEPTH OF PERMIT AREA
Same as name of the exploration permit holder. (Type or print in ink.) (include all acreage to be disturbed by mining,setbacks,and buffers,
and associated activities during the life of the mine.)(See SM-SA.)
Hood Canal Land &Gravel,LP Total area disturbed will be _-0- acres
Maximum vertical depth below pre-mining topographic grade is
105 feet
Maximum depth of excavated mine floor is 105 feet
relative to mean sea level
COUNTY Mason
MAILING ADDRESS No attachments will be accepted.Legal description of permit area:
336 Cajon Terrace 1/4 1/4 Section Township Range
Laguna Beach,Ca. 92651 NE NE 17 23 1 W
Telephone (949) 654-3671
Proposed subsequent use of site upon completion of reclamation
Single Family Residential or Light Industrial
Signature of company representative or individual applicant(s) Name and title of company representative (please print) Date signed
Jeffrey A.Hartman 1/11/10
APPROPRIATETO BE COMPLETED BY THE OR
Please answer the following questions'yes'or`no'. Yes No
1. Has the proposed surface mine been approved under local zoning and land-use regulations?
2. Is the proposed subsequent use of the land after reclamation consistent with the local land-use plan/designation?
When complete,return this form to the appropriate Department of Natural Resources regional office.
Name of planning director or administrative official (please print) Address
Signature
Title (please print)
Telephone Dateim DNR Reclamation Permit No.
County or Municipality Approval(SM-6) Revised 1101
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