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HomeMy WebLinkAbout20240507_NEW_36-35_signed o ep° ROY COOPER Governor ELIZABETH S.BISER Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality May 7,2024 Ms.J. Monique Parker Senior Vice President, Safety,Environmental & Health Piedmont Lithium Carolinas, Inc. 42 E Catawba Street Belmont,NC 28012 RE: Carolina Lithium Project Mining Permit No.36-35 Gaston County Catawba River Basin Dear Ms. Parker: The application for a mining permit for the above referenced mine site has been found to meet the requirements of N.C.G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No.36-35 were based primarily upon information supplied in the application with conditions added as necessary to ensure compliance with The Mining Act of 1971. N.C.G.S. §74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder,your permitted acreage at this site is 1,548 acres and the amount of land you are approved to disturb is 964 acres,as indicated in the application and on the Mine maps sealed March 13,2024. Please review the permit and contact Adam Parr, State Mining Engineer, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sin/IiSalby e e 1 Vinson,Jr., Interim Director Division of Energy, Mineral, and Land Resources Enclosures: Mine Permit#36-35 cc: Mr.Jerry Eplin, PE Mr. Beau Thomas- DOL, Mine and Quarry Bureau,w/o enclosures North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh.North Carolina 27699-1612 ss�ua.\ 919.707,9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other applicable laws,rules,and regulations Permission is hereby granted to: Piedmont Lithium Carolinas, Inc. Carolina Lithium Project Gaston County-Permit No.36-35 for the operation of a Lithium Mine Which shall provide that the usefulness,productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond or other security on file with the Department,and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise,the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. §74-49. Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have the same meaning as supplied by the Mining Act,N.C.G.S. §74-49. II. Issuance and Modifications. N.C.G.S. §74-52. May 7,2024: This permit has been issued to Piedmont Lithium Carolinas,Inc.for the operation of a lithium mine. Mining activities shall occur as indicated in the application, on the Mine maps sealed March 13, 2024, and the supplemental information received August 31, 2021=December 16, 2021, June 21, 2022, February 24, 2023, May 1, 2023, September 8, 2023=November 30, 2023, January 18, 2024, and March 15,2024. The permitted area at this site is 1,548 acres and the area approved to disturb is 964 acres. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. III. Operating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: 1. Compliance with State, Local,and Federal Regulatory Authorities. A. The issuance of this permit shall not obviate the need for the Permittee to obtain and maintain all other applicable Local,State,or Federal permits, licenses,or approvals. Page 3 B. No mining activities shall occur until all necessary permits,zoning,or approvals have been received for which they are required. 2. Wastewater and Mine Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program and any other required permitting agencies to secure any necessary stormwater permits or other approval documents. 3. Air Quality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to mitigate dust leaving the permitted area. C. The permanent access(plant entrances) roads shall be paved from its junction with state- maintained roads and permanently stabilized,as indicated on the mine maps sealed March 13,2024. D. Temporary construction entrance or gated limited use entrances will be built and maintained in accordance with the mine maps sealed March 13, 2024, or in compliance with item III.3.C. 4. Buffer Zones. A. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N.C. Environmental Management Commission. B. Sufficient buffer, as indicated on the Mine Maps sealed March 13, 2024, shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Maps sealed March 13, 2024,shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures, entrances, and approved earthen berms, shall remain undisturbed. 5. Erosion and Sediment Control. A. The operator shall notify the Mooresville Regional Office, Division of Energy, Mineral, and Land Resources,at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. Page 4 B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures,shall be conducted as indicated on the Mine Maps sealed March 13,2024. D. An erosion and sediment control plan(s)shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include,but are not limited to,expansion outside of the approved pit area,creek crossings,or expansion of overburden or waste disposal areas. 6. Groundwater Protection. A. Groundwater monitoring wells shall be installed and monitored as indicated in the Monitoring Well Construction Plan, Water Supply Well Mitigation Plan,and Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12, 2024,and the In-Pit Groundwater Monitoring Well Plan Received March 15,2024. B. The observation wells denoted in the Monitoring Well Construction Plan received January 18, 2024, shall be monitored 1 year prior to initiating any excavations of consolidated material (rock)in the initial pit area to allow for the determination of pre-existing(static) groundwater levels. C. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells(boreholes)shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock, whichever is deeper- when there are multiple wells within 20 feet of each other only one well shall need to meet this requirement. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality. D. The observation wells shall be monitored, at a minimum, quarterly at approximately the same day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The quarterly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be maintained at the site and shall be provided to the Department upon request. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. E. If the permanent observation well fails to function for monitoring purposes,deeper or new observation wells shall be installed. F. The operator shall immediately cease dewatering activities and rectify any adverse impacts to neighboring wells caused by the dewatering activities at the site as per the Water Supply Well Mitigation Plan received January 18,2024. Dewatering activities may resume once any adverse impacts to neighboring wells have been rectified. G. The operator shall notify the Department of any adverse impacts to groundwater supplies observed within 48 hours of discovery. Page 5 H. The operator shall rectify any adverse impacts to groundwater caused by the Above Ground Waste Rock Storage or In-Pit Waste Rock storage as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18,2024, and updated March 12, 2024, and the In-Pit Groundwater Monitoring Well Plan Received March 15,2024. 1. The operator shall submit an analytical report on a yearly basis of the ground water levels and quality changes or affects that occur within the observation wells and provide adjustments to the Water Supply Well Mitigation Plan, and Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12, 2024, and the In- Pit Groundwater Monitoring Well Plan Received March 15, 2024, to ensure that neighboring wells are not affected by the operation. The report shall reference water quality and ground water levels as per condition III.6.A.. The report shall be submitted with the Annual Reclamation Report. 7. Protection of Surface Waters and Wetlands in Non-directly Impacted Areas A. Surface Water Monitoring for the Above ground Waste Rock pile shall occur as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18, 2024, and updated March 12,2024. B. The operator shall rectify any adverse impacts to surface waters caused by the Above Ground Waste Rock Storage as indicated in the Waste Rock Pile Monitoring and Treatment Plan received January 18,2024,and updated March 12,2024. 8. Permanently Marked Boundaries. A. All mining permit boundaries(1548 acres)shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps sealed March 13,2024,shall be marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 9. Graded Slopes and Fills. A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event,exposed slopes or any excavated channels,the erosion of which may cause off-site damage because of siltation, shall be planted, or otherwise provided with groundcover,devices,or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to I vertical or flatter and shall be stabilized within 60 days of completion. Furthermore,a minimum ten(10)foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after May 7,2024. C. Waste rock piles shall not be constructed with steep,near vertical side slopes. Side slopes shall be constructed in such a manner as to provide for a stable, safe configuration at reclamation. D. The Above-Ground Waste rock Pile shall be constructed as indicated on the Mine Maps sealed March 13,2023,and in the Waste Rock Pile Liner System Basis of Design received January 18,2024,and updated March 12,2024. E. The In Pit Waste Rock Pit Backfills of the South and East Pit shall be constructed as indicated on the Mine Maps sealed March 13, 2024, and in the Waste Rock Pit Backfill Plan South and East Pits,received May 1,2023. Page 6 F. The materials used in the In Pit Waste Rock Backfill Plan shall be limited to materials that are generated during the development of permitted mining operations, such as topsoil, overburden, unsaleable rock, excavated sediment, and fines created by crushing and processing,etc. i. The material used in the In Pit Waste Rock Backfill placement may only be generated at this permitted site. ii. No materials created by other producers such as recycled asphalt products,crushed concrete,byproducts from the creation of concrete or materials from another public or private construction project shall be allowed in the excavation fill placement. iii. No tree debris or other LCID materials shall be allowed in the In Pit Waste Rock Backfill. 10. Surface Drainage. The affected land shall be graded so as to prevent collection of pools of water that are,or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. H. Blasting. The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast(except as provided under Operating Condition Nos. III.11.13 and III.I LD of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure I I-I(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house,church, school, or public,commercial,or institutional building. Page 7 Figure 11-1-Allowable Peak Particle Velocity by Frequency 10A IsA to w c 0 j 2.0 2 imsee 2.0 u 1.5 C '• 4 0.9 t.0 0 0.7S misec 14 0.7 0.' 0.6 9.6 C Q.S i O.S 0.4 0.4 Q E 0.3 0,3 0.2 t 0.2 'k 77 4 `0 20 30 100 Blast Vibration Frequency, Hz Figure t Alternative biasung ?evei cntena (Source modifieM from ,figure 8-i. Bureau of Mines R;a0z -t) B. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/Ds)' (EQ. 8.1) Ds=D/W"2 (EQ. 8.2) V= 160(13s)-1 6 (EQ. 8.3) W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator. (feet). Ds = Scaled distance factor. V = Peak Particle Velocity(inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Page 8 C. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL)as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school,or public, commercial, or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System(Hz) Max Level(dBL) 0.1 Hz or lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak D. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U =82 (D/W0.33)-1.2 (EQ 8.4) To convert U(psi)to P(dBL): P=20 x log(U/2.9x 10-9) (EQ 8.5) Confined Air blast/Overpressure(dBL)for quarry situation: A= P-35 (EQ8.6) U = Unconfined air overpressure(pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator(feet). P = Unconfined air overpressure(decibels). A = Air blast or air overpressure for typical quarry situations(decibels). The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section. E. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. Page 9 X. weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However,blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: i. A thorough investigation as to the cause(s)of the incident shall be conducted. ii. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall,at a minimum,document the cause(s)of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet the approval of the Department before blasting may resume at the mine site. I. The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedance of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. The operator shall,when requested by the Department,give 24-hour advance notice to the Division of Energy, Mineral, and Land Resources' Regional Office prior to any blast during a period for which notice is requested. K. The operator shall comply to their Piedmont Lithium Blasting Impact Study as submitted on December 17,2021, and modified on June 21,2022. Page 10 12. Highwall Barrier A physical barrier consisting of large boulders placed end-to-end,fencing,or a sound barrier wall, shall be maintained at all times at the mining permit boundary to prevent inadvertent public access. In addition,a secondary barrier shall be maintained at the perimeter of any high wall sufficient to provide mine operator safety as required by the NC Department of Labor. In addition,a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 13. Visual Screening. A. Existing or enhanced vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods,such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms, planting buffers, or screening sound wall shall be located and constructed as shown on the Mine Maps sealed March 13, 2024. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 14. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer, as indicated on the Mine Maps sealed March 13, 2024, shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 15. Refuse Disposal. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy,Mineral,and Land Resources,Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.G.S. §74-49 (14)of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. drill steel. Page 11 D. Mining refuse associated with the Above-Ground Waste rock Pile and the In Pit Waste Rock Backfill shall be disposed of as indicated on the Mine Maps sealed March 13,2023, and in the Waste Rock Pile Liner System Basis of Design received January 18,2024, and updated March 14, 2024, and the Waste Rock Pit Backfill Plan South and East Pits, received May 1,2023. E. If any mining refuse not already detailed in I1I.15.1)is to be permanently disposed within the mining permit boundary,the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: i. the approximate boundaries and size of the refuse disposal area. ii. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table;and, V. verification that a permanent vegetative groundcover will be established. F. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: i. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean,inert material. ii. Used,clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. iii. No used,clean concrete material shall be permanently disposed of onsite. iv. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §74-55. An Annual Reclamation Report and Annual Operating Fee in accordance with N.C.G.S. §74-55 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. VI. Bonding. N.C.G.S. §74-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 surety bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. Page 12 VII. Archaeological Resources. N.C.G.S. §70-3. 1. Minimum Requirements. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act,"should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist,North Carolina Division of Archives and History. VIII. Approved Reclamation Plan. N.C.G.S. §74-53. The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of the permittee,which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices, and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious,or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to backfill the South and East Pit excavations and allow the North Pit and West Pit excavations to fill with water, provide a permanent barricade(fence)along the top of any high wall, and grade and revegetate any areas in unconsolidated material as indicated on the mine maps sealed March 13,2024 and the Waste Rock Pit Backfill Plan received May 1, 2023, and the above ground Waste Rock Pile construction and sequence received January 18,2024,and updated March 12,2024. Page 13 B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. ii. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. iii. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before revegetation. iv. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. III.15.A through 11I.15.17. V. The affected land shall be graded to prevent the collection of noxious or foul water. vi. Any waste rock piles remaining within the permit boundaries shall be permanently stabilized as indicated on the Mine Maps sealed March 13,2024,the Waste Rock Pit Backftll Plan received May 1, 2023, and the above ground Waste Rock Pile construction and sequence received January 18, 2024, and updated March 12, 2024. At all times, waste rock piles shall be maintained in a manner so as to provide for a stable,safe configuration. C. Once fill operations begin and following fill operations concluding at design final elevations, post fill monitoring shall begin and shall include at least annual visual inspection of the stabilization, slope, and general condition of the final fill surface. Any reseeding, final elevation repairs, etc., that are needed to prevent ponding, safety, and stability issues, and minimize erosion shall be conducted following the annual inspection. Details of this inspection and repair shall be included in the annual reclamation report. Post fill monitoring shall continue to be conducted annually until fill operations have ceased and the site has been inspected for two consecutive years with no repairs necessary. The Department shall be provided with notice when this post fill monitoring is scheduled to end. D. At the time of notice to the Department that post fill monitoring is scheduled to end and prior to release,the operator shall provide to the Department proof that a note of the mining reclamation activity has been recorded on the deed or notice of the mining reclamation activity has been filed for the property with the local Register of Deeds. 3. Revegetation Plan. After site preparation,all disturbed land areas shall be revegetated as per the Seeding measures on sheet OOG-013 of the mine maps sealed March 13,2024,and included in the Detail on Waste Rock Pile Construction and Sequencing received January 18,2024 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem,and gamma grass. In addition,the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any Page 14 mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. V4-51 and V4-52. This permit is hereby issued to Pied m Lithium Carolinas nc. this 7th day of May 2024 pursuant to N.C.G.S. §74-51. c By. I William E. Toby Vinson,Jr., Interim Director Division of Energy,Mineral,and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 1506-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.govlhearings-division/fiiling/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 15013-23(a). Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at https://www.oah.nc.pov/hearinys-division/hearing-process/filing--contested-case. Please contact the Office of Administrative Hearings at(984) 236-1850 or oah.postmaster(a),oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process.