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HomeMy WebLinkAbout12-02_2_Redacted ------------------------------------------- North Carolina Department of Environmental Quality Pat�.1c rory Donald R. van der Vaart Governor October 7, 2Q15 Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 7126 1303 Mr. Tony Johnson Vulcan Construction Materials LLC, Inc; 11020 David Taylor Drive, Suite#105 Cha,lotte, North Carolina 28262 RE. Mining Permit Nos, 11-03, 12-02,12-07, 13-04, 13- 7, 14r-01, 30-03, -01, 3 -6 ; 4-04, 34-6 36-24, 41-08; 45-01, 60-05, 60--11, 61-1 , 77-01, 79-09, 85-03, 85-0 , 86-03, 88-01, 91-01, 95- 01. 97-02, 99-01, 9 -06, 04-24 Buncombe, Burke, Cabarrus, Caldwell, Davie, Forsyth, Gaston, Guilford, Henderson, Mecklenburg Mitchell, Richmond, Rockingham, Stokes, Transylvania, Vance, Watauga, Wilkes, Yadkin, Yancey Counties Gear Mr Johnson: Your request to have the corporate name changed on the above referenced mining g prig from Vulcan onstru-,tion Materials, LP to Vulcan Construction Materials, LLC is hereby approved. As we have received the required surety in an amount sufficient to cover these operations. l am enclosing new cover sheets for each updated mining permit, The permit number, expiration date and mine name shall _remain the same as before this corporate name change: Please tire reference. Please review the cover sheets carefully and notify this office of any objections, questions or-corrections that may need to be addressed, I have also enclosed the old reclamation bonds for your disposal. Thank you for your cooperation in this matter. If you should have any questions, please contact- Judy Wehner, Assistant State Mining Specialist, at(919) 707-9220, „sincerely, ;Janet 5 Boyer, P State Mining Specialist Lahad Quality Section J B/jw Enclosures; Cc' Ms. Shawna Riddle Mr, Zahid Khan r. Matt Gantt. P Fir. John Holley, PE Mr. William Gerringer-DO a ee # res Energy Section ®Geologica Survey Section~ . Land Quality Section 512 North SaiisLury S*,reet. Raleigh, North Carolina 27604* Internet. ntt t111`art ..��cd nr.dr fwenllrf h ailmp Address. 16,2 tVail Service Center. Raleigh,North Caroline 27699-1612,919-70'-9200]PAX'.219-715-8-R01 Ar Equal Opp ct€n ty i Affirmative Action Employer—50%Recybed i`0%Post Consumer Paper T T OF ENVIRONMENTAL QUALITY DIVISION , MINERAL AND LAND RESOURCES LAND QUALITY SECTION T for the operation of a miring activity In accordance with the provisions of G.S. 74- 6 through 68, "The Minim Act of 1971 ," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Vulcan Construction Materials, LL Morganton Quarry Burke County - Permit No. 1 -0 for the operation of a Crushed Stone Quarry 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. MINING PERMIT EXPIRATION DATE: December 29 2021 ICHECKLIST Applicant's Name.-. �,` � ` �''. t Rrt►ject s w Es pk x 4 i Applic.1 Fe at o. County: J t:i_ .Date Received; ��, c� !:j Review.: RiverBasin Name, El : - New modification(i de it El Modification(outside permit bean ries) Tr er Measer '� Partial Release A i i 1n tort Fee N .� El Fee Reiv Ple � tenure ication e t t .. cs;dt &t6 uLQS -d Office Miniq Aplicwjwkw ° Form"t* Ot6r wpy,, ElDate.-Routed Rec'd Division of Water f bate:Routed ReCY ] C Wildlife Resources Cmmisston Date—Routed REed US Fish it Wildlife Serwice Date.Routed Rec,d {Only new applr,,dtaas mad m difacatim re that aM Lwd to d, it} leaserote rst3 _ eso tea Iirattra art toratiotna sty:- [ Division of Parks a Recreation Date.Routed ec' NC Geological Survey Section Date:Rowed Reed Division of Maria Fisheries Date:Routed Reed Division of Soil&Water Cotuervati (plus LEA) Date:Routed Reed ( v ww apt` _;and nw&fivaiowu regwsh t6t add W to t6 it) Divisi,n,,fArchives Nsstor Date:Routed Ree (Only ) Date.,Routed Rec' Suspense Date for Comments. (no later t n 25 days frm receipt El Please note the fvZlotuitt : e Wells Fargo Bank 1800035796 1�1 Peachtree at NE ATLANTA,CA 33303-1757 Payment Services P 0 0ox 380607 Efate 6irmlr:gham,AL 35238-0ez47 07!1612015- 800.462-48 t 3 Amount PAY One Thousand Two Hundred Dollars And Zero Ceri�'`•,•"�•" " �'"'•.���"�"���•....".,��• 112 '00 ,,• �•,•'�.�� VOID AFTER 90 MAYS TO THE STATE or NORTH CAROLINA ORDER OF NODE R DIVISION OF=WA3 EH QUAILTY 1617 MAIL SERVICE CENTER f RALE I G H,NC 27699-1617 Authorized Signature Wells Fargo Bank 1800035797 1 J1 Peachtree St.,NE ATLANTA,GA 39303.1757 ompany Raymant Sera ,es Data P 0 Box 380607 07I1fi' 01a birmingham,AL�523EI-0807 830-4fi2 4t91 .amount PAY One Thousand Two Hundred Dollars And Zero cents�" VdlD AFTER CLAYS TO THE STATE OF NORTH CAROLINA DRDER OF NCDENR DIVISION OF WATER QUAILTY 1617 MAIL SERVICE CENTER Gr RALEI H,NC 27 609-1 61 7 Authorized Signature Wells Fargo Bank 1800035798 . .1 Peachtree 5t.,NE :ATLAP4TA,GA 303n3-1757` 7Q6 any Payrr enl Seruide P 0 Sox 380607 bete 071 fz10 i5 Dirrrringham,AL 35288-0607 800-462-4-813 Amount PAY Five Hundred Dollars And Zero Cents'".......... .......... ........ ........ ,{1Co,9�t L..._..i VOID AFTER 94 DAYS TO THE STATE ORTH CAROLINA ORDER OF NGDENR DIVISION OF WATER QUAtLTY 1617 MAIL SERVICE CENTER RALEIGH,NC 27699-1617 Authorized Signature` ------------------------------------------------------------------------------------- f Vulian l pia hcdE August 1, ,2015 Ms, Janet Boyer,RE. N. C. Department of Environment and Natural Resources Division of Energy, Mineral & Land Resotirces Land Quality Section 1612 Mail Service Center C Raleigh,North Carolina 27 9-161 , Vulcan Construction Materials .AND t ALil-v Mining Permits Dear Ms. Borer: n June 30, 2015, Vulcan Construction Materials, LP (the "Company") undertook a statutory conversion to become a limited iiability company, Following the conversion, the Company will continue its legal existence under the name Vulcan Construction_Materials, LLC. We do not anticipate that the conversion will have any impact on the operations, assets or liabilities of the Company; A copy of the relevant conversion statute is attached to Us letter. Attached you should find; 1, .Applicable pages of the mine perru6t applications fur each facility detailing this owner name change; 2. Reclamation bond_f rider with the revised new corporate n m , 3, Three checks totaling $2900.00 for the $100.00 processing fee for each permit corporate name change. Unless required by your department, Vulcan does not need updated permits for the above sites. This being the case, Vulcan would like to request a letter acknowledging the name change and that the permits Aril remain active and in fid1 farce under the new same, If you have any questions or require additional information, please contact me at(704) 547-707 or(571) 422- 401 (mobile). Sincerely Tony fohnson Environmental Engineer Toby Vinson CHARLOTTE REGIONAL OFFICE•VULCAN CONSTRUCTION MATERIALS,LIP 11020 AVI TAY!o nIV #105,e CFi n1-OTTF-KC 23262,T I-EPHONE 704 50_1$4 FAX 70el 50-4137 azst ()f Vulcan Permitted Mine Facilities in North.Carolina Permit# Name of Facility County Region Nam ' _._ 1 1�03_ Erika Quarry Buncombe Asheville Regional Office 12-02_ n. Morganton Quarry Burke Asheville Regional Office 1 -07 Burke Quarry —Burke — Asheville Regional Office 14-01 Lenoir Quarry Caldwell Asheville Regional Office 5 [1 Hendersonville Quarry Henderson Asft.v lle Regional Office 61�1 Spruce Pine Quarry Mitchell AsheviIle Regional Office _ _ . �-Q1 'enrosa Quarry °Frrasylvana Ahevile Rege�nal Office 00-24 Tore River Quarry Yancey Asheville Regional Office t 7-Of Rockingham Quarry Richmond , Fayetteville Regional Ofifice` 13-27 abarrus Q;aarry CabarrriSMooresville Regional Office _ i.:: ....___ _ Mooresville Regional Office 13-04' Boldlili Quarry Cabarrrrs -2 High ho l quarry Gaston Mooresville Regional Office 0-11 r Char Creek Quarry Mecklenburg I Mooresville Regional Office Pineville Quarry Mecklenburg Mooresville Regional Office _. 1-D1 Greystone Quarry Vance Raleigh Regional Office 80-03 I Smith Grove Quarry Davie Winston-Salem Regional Office 34-05 East Forsyth Quarry Forsyth Winston-Salem Regional Office 34-01 421 Quarry Forsyth _ I�linst r[-Salem Re ion t Office 34-02 North Quarry Forsyth Winston-Salem Regional Office ! 34-04_ South Fork Quarry Forsyth Winston-Stern Regional Office q tokesdal Quarry Guilford Winston-Salem Regional Office 79-09 Stoneville Quarry Rockingham Winston-Salem Regional Office -04 andy Ridge Quarry Stakes Winston-Salem Regional Office 83-03 Pilot Mountain Quarry Stokes Winston-Salem Regional Office _ . -®3 Eikirt Cuarry Sur Winston-Salem Reg canal Office 9 -01 Boone Quarry Watauga Winston-Salem Regional Office L-9-0 11 Quarry Wilkes Winston-Salem Regional Office .. � e - _` Yadkin G�uarry Yadkin `Winstcan-Salem Regional Office Cycle Quarry Yadkin Winston-Salem Regional Office -------------------------------------------------------------------------------------- APPLI ATI )N FOR A MINING PERMIT NORTH CAROLI A DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RECEIVED APPLICATIONFOR A MININGPERMIT pg Ij�� �015 WLEA E PRINT OR TYPE); LANCE QUALITY 4NJN PROGRAM 1 Name o Mine Mo nto > t� mart r F .... . River asirt a ba ...... Latitude (decirnal icgr s to PUT Lon itar (decimal �fegrea�� tag four .fares - 1:..:. l Name of Applicant*, Vulkk.tonstpLction Materials LC Permanent address for Vei t a' official t rail . Ns Patterson Avenue inu;Saleu NC 27105 Telephone 33 7 - :.... ... ... .. ..... .... l f rnat :Noa Min,Office Address 200 Causbj QuarEy Road MoMantonj NC 28655 Telephone 336-835-1439 5; Mine Manager Jeff Panjkr. e hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge, We fully understand that any willful misrepresentation of facts will be cause for permit revocation. "I i nature U44& Date Print'Name Martin Thorpe Title Vice-President This, will be the gate that the mrfj'rt perm . . ri1l oe issit l to tid the mate that must he indicated on the reclamation bond `recta ii t ::scar s rtrl tc thzs: ite.:.. . .. The;Land Quality Section must.lie noti ie(] ra any ranges.in the: era anent address or telephone number,:. : .. . .. ...... i tt arc s�f f 'cer r Lair > Gr .74-51 provides that the D ment sbal l writ or deny an Application for a permit within 0 days of receipt f a: tslete=application or, i ehli .l e d is Reid, wfi d ays following the hc�ri and the Cling �i shy supplemental information re uiretl last'the. .eparttykent.. All.questions:.must be addressed and all required raps provided before this application can be ons d Co Ie . At ch additional sheets needed. .. ... i i I 4 APPLICATION FOR A MINING ING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department ent or its appointed representatives the right cif entry and travel upon our lands or operation during regular business hours for the purpose of making necessary Field inspections or investigations as may b r a4osiably required in the administration of the Mining Act of 1971 pursuant to U& 74-56. e further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out recI arnation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER APPLICANT: Signature_ Signature:* Print Name, Print Name: M rain Tbo ("Title if applicable) Company: Title. Vice-President_ (It applicable) Address: Company: Vulcan ConstructJoq,Ma1&rtajs,,LLC Mine Name: Momanton QuaEKI Telephone: Telephone: 33 767-4600 DateSigned: Date Signed, *Signature must be the same as the individual who signed Page 1 of this application. One original and rive co i s of the corn feted aRRIjeation.six cool" of all location rnan& mine MCI (see next, age for fee schedule)in the form a check or money order payable to the North Carolina Department of Env]ron nt and Natural Resources must be sent to the Land QuAlity,5egtionj en r 1 ice at the address fasted on the front cover of thisapplicationform. Ingtciries regarding the status of the review of this application should be directed to the Mining Program staff at(91 )733- 4574. 15' ten''• _• — K� , �"..t„Y,..«r., .._�_ ,.. _,..r... .y-.v..•. . ,.. � . .. .�`, • .. .... ..... ... • North Carolina Department of Environment and Natural Resonrces, 1' jVLainn of Z.onA Uacnnrnoe i awsA flu 38" C....aa avwv�aa�.%-p :��:M Q A0"V ►7%%-" MM INSPECTION REPORT (PERMMED MINE) 1. MINE NAME - - ' 2. MINING PERMIT # 3. OPERATOR ' ; ` . . . _ 4. COUNTY S. ADDRESS 6. PERNIIT EXPIRATION DATE-. 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? ❑ Yes ❑ No 10. Pictures? ❑ Yes ❑ No 11. Date last inspected: *' / + • / 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes , ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? I7 Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑ No If yes, descn-be the type and severity of the damage: I 16. Corrective measures needed and/or taken: _ _, • _ _ I _ MAV OF)-RON -- I I ar+c-irji,it1 rr-tirM 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes ❑ No Proposed date 7.n Nn of adaitinnAl nacres of Inspection Renort,�" 23 remv of Rennrt rzent to nn[+ratnr • - r—v-- ,c s - - - r� r--- r---^ ' (date) INSPECTED BY: r DATE Telephone No: ( - rDL:.- �.. L.`I Y 11�,..........�n ns�arwl�r b: 6 s.. lY!' �nm-. rrnuc C'P w1arc •� ►•� •'p• a urn avYy w ■.aiissis�VI/G4�ya Vrsi n"`9rA7Fn r North Carolina Department of Cultural Resources State Historic Preservation Office David L. S. Brook,Administrator Michael F. Easley,Governor Division of Archives and History Lisbeth C. Evans,Secretary Jeffrey J.Crow, Director November 20, 2001 MEMORANDUM TO: Tracey E. Davis Land Quality Section Division of Land Resources, DENR FROM: David Brook ` SUBJECT: Application for Mining Permit, Morganton Quarry, Burke County, ER 02-7939 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74,Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the project area,it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by borrowing. We recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. DB:kgc Location Mailing Address Telephone/Fax Administration 507 N. Blount St,Raleigh,NC 4617 Mail Service Center,Raleigh 27699-4617 (919)733-4763•733-8653 Restorntinn 515 N. Blount St Raleigh_NC 4613 Mail Service Center. Raleigh 27699-4613 (919)733-6547.715-4801 Survey&Planning 515 N.Blount St,Raleigh,NC 4618 Mail Service Center,Raleigh 27699-4618 (919)7334763 9715-4801 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Laud Quality Section MINE INSPECTION REPORT 4 (PERMITTED MINE) 1 'KATATC AT A Air'U r► � nmn n R . .TT1 X KTm 1. IVIAL' -j 1\lLLVII� --� A /1 1 .v ` '�k -. \� L. 1V111V11VV 1"r,IC1V11I ff � cy - �_dC_-4 3. OPERATOR 1 1' �, �' A L 0 4. COUNTY_ u c e 5. ADDRESS P.0. ' a�' L+ �h 1 Y, .. .- ,r, _ c,, �J C „ rz 11 Z;— Li 6. PERMIT EXPIRATION DATE 0 �I a y I I-A 7. RIVER BASIN , , 8. Person(s) contacted at site 77r.r`\v,— 9. Was mine operating at time of inspection? .2,Yes ❑ No 10. Pictures? ❑ Yes PrNo 11. Date last inspected: 775/ r)c{I n 5' 12, Any mining since last inspection? XYes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? P Yes ❑ No If no, explain: o_ c�� �.+. -1-; � - % r�r�P,f_,,_s x.{ Czj 1 U e . 15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If y cribe the type and severity of the damage: ff EP ju u 16. Corrective measures needed and/or taken: N, r Q, • AL! E rrQN 17. Other recommendations and comments: __=771 --A -A\! 32r r a'.,,n & 6j k L.C- rr.'? ,-*,.,c. : -f-ti ,, 1 ti r c�1 f C Coo _;V r Ln,^ 1 . 18. Is the Annual Reclamation Report +/-map accurate? es ❑ No (Explain) ❑ Not Reviewed et 19. Follow-up inspection needed? ❑ Yes r o Proposed date I I 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operatoreT;� (date) INSPECTED BY: �% � .-� �" r. C _! k_`I v1�`A A DATE 01.�'l/O(n Telephone No: (4 4'1 kr. U�c� White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 1 • E State of North Carolina Department of Environment, Health and Natural Resources ` • • Division of Land Resources James B, Hunt, Jr., Governor � C Jonathan B. Howes, Secretary C Charles Gardner, P.G., P.E. Director and State Geologist August 30, 1995 Mr. Mike Poplin Vulcan Materials Company Mi rilaaci- r)i vi ei nn P.O. Box 4239 Winston-Salem, North Carolina 27115 RE: Permit No . 12-02 Morganton Quarry Burke County Dear Mr. Poplin: Your application for modification of the above referenced mining permit has been approved. The modification is to allow the construction of new settling ponds and to allow a minor increase in the area for overburden disposal as indicated on the Mine Map last revised July 12 , 1995. A copy of the modified permit is enclosed. The conditions in the permit modification were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. As a reminder, the permitted acreage for this site is 188 acres, while you -are approved to affect 115 acres. Please review the modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Tracy E. Davis, P.E. State Mining Specialist Land Quality Section TED/tls Enclosure cc: Mr. Jerry W. Cook, P.E. Geological Survey Section Land Quality Section Geodetic Survey Section (919)733-2423 (919)733-4574 (919)733-3836 FAX:(919)733-0900 FAX:733-2876 FAX:733-4407 3� P.O. Box 27687.Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 FAX 919-733-4407 An Equal Opportunity Affirmative Action Employer 60%recycled/10%post-consumer paper D E PARTMENT OF ENV=RONMENT � HEALTH AND NATURAL RE SOURCE S D=V=S=ON OF LAND RESOURCE S T.AND QUAL=TY S ECT=ON P E R M _ U? for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68 , "The Mining Act of 1971, " Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Vulcan Materials Company Morganton Quarry Burke County - Permit No. 12-02 for the operation of a Crushed Stone Quarry ' 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. MINING_ PE-R-MIT EXPIRATION DATE: August 7, 2002 Page 2 of 11 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health and Natural Resources 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 i�GClu,c.+�...LVn Plan -L u separable ablC obligatiolt, secured by the bond Or other security on file with the Department, and may survive the expiration, 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. Definitions 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, iv.C..C.S. 74-49. Modifications February 16 1990: This permit has been modified to include the Revised Site Plan and Emergency Spillway detail dated February 6, 1990 and the revised mine map expansion narrative received by the Land Quality Section on December 21 , 1989 . In addition, Mining Permit Number 12-12 , previously issued to Burke County, has been incorporated into this permit. Furthermore, the 11.07 acre Leonhardt tract has been included under this permit modification. Page 3 of 11 nPrCramhar 1 A 1 QQ') - Th1 cz riza 3t hug b@�" A4 f ' a .l- , , the s _w._ r Gil 1liVlAJ.A. L %A L- Q.L1Vll1/ 4jj�'• j.1CLlll relocation, associated sediment and erosion control measures and pit expansion as indicated on the Morganton Quarry Mine Map dated February 3 , 1992 and revised October 15, 1992 and the Details sheet dated June 3 , 1992 and revised October 15, 1992. August 30, 1995: This permit has been modified to allow the construction of new settling ponds and to allow a minor increase in the area for overburden disposal as indicated on the Mine Map last revised July 12, 1995. Expiration Date This permit shall be effective from the date of its issuance until August 7, 2002 . Conditions 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: OPERATING CONDITIONS: 1 . wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance W,j.411 41AG perllll 44111y requirements al1U rules 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 Water Quality Section, Division of Environmental Management, to secure any necessary stormwater permits or other approval documents. 2 . Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management commission. B. During quarry operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. Page 4 of 11 3 . 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 and the U.S. Army Corps of Engineers. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway .from erosion of the affected land and to preserve the integrity of the natural watercourse. C. Sufficient buffer zones (a minimum of 50 foot unexcavated) shall be maintained to prevent caving of any adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and earthen berms, shall remain undisturbed. 4 . Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes , silt check dams, silt 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 Vr -"-- any l �m++�—. yr tilt ui iru Vur.s7e i1l pl Vx11ll1 ty tlj tale affected land. B. All rock tailings to be disposed of in the Rock Tailings Area shall be hauled to this area, not Pumped, from the settling basins. C. The erosion and sedimentation control measures shall be installed and maintained as indicated on the Mine Map, last revised July 12 , 1995. 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 (42 acres) , creek crossings, or expansion of overburden disposal areas. Page 5 of 11 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6 . 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 pit opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum 20 foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 7 . 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 d1tnhPG nr rnnrbiitg chnll be constructed or installed when required to prevent such conditions. 8. Blasting The operator shall provide to the Department a copy of the findings of any seismic studies conducted at this facility. The operator shall make every reasonable effort to incorporate the 'studies' recommendations into the production blasting program. The following blasting conditions shall be observed by the operator to prevent hazard to persons and adjacent property from thrown rock or vibrations: A. In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of any component of ground motion shall not exceed 1 inch per second at the immediate location of any building outside of the permitted area regularly occupied by human beings such as dwelling house, church, school , public building, or commercial or institutional building outside of the permitted area. The o erator' shall moni,,tor each blast with a seismograph. Page 6 of 11 B. Airblast overpressure shall not AwnpPd 12R decibels linear (DBL) as measured at the immediate location of any regularly occupied building outside of the permitted area such as any dwelling house, church, school , public building, or commercial or institutional building. If vibration/airblast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Failure to report will constitute a permit violation. r_ The nneratnr chat l +Yale all --o able ,.,,...,,,+ 4 �. 1..--..-•.--.- � ynu� k.;c�.au�..ions ".0 ure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Should flyrock occur beyond the permitted and guarded area, or the level in Item A. above is exceeded, the operator shall report the incident to the Department immediately and further use of explosive at the site shall be immediately suspended until the following actions have been taken: i. 'M I I-o ouyll illve:i l.lga l,lon as o the cause(s) of the incident shall be conducted. 2 . A satisfactory report detailing the investigation shall be provided to the Department within to days of the incident. Said 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 with the approval of the Department before blasting may resume at the site. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of this permit. D. The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; and blast location. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. E. The operator shall, when requested by the Department, give 24 hour advance notice to the Land Quality Section prior to any blast during a period for which notice is requested. Page 7 of 11 9 . High Wall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times around the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 20 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 1o. visual Screenincr A. Existing 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. Berms shall be located and constructed as shown on the Mine Map last revised JPly 12 , 1995. In addition to grasses, loblolly and/or Virginia pines or other acceptable species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification 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 r.nntained in fho approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 12. 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 unIess authorization to conduct said disposal has first been obtained from both the Division of Solid Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by 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 Solid 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. Page 8 of 11 13 . Annual Reclamation RPnnrt An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14 . Bondipq The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000. 00 Blanket 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. 15 . Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources . Page 9 of 11 APPROVED RECLAMATION PLAN 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. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3 . 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. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious. or foul . 5. The revegetation plan shall conform to accepted and recommended agronomic and rPfnrPmtatinn nrnrtinpc ac pct.ahliRhPH by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. 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. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any highwall , and grade and revegetate any areas in unconsolidated material . Page 10 of 11 2 . The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backf i i l ied, graded, and stabiized of cleaned Out and made into acceptable lake areas. C. The pit walls shall be reclaimed in accordance with the Typical Reclamation Pit Cross Section on the Detail ShP_P_t last revised July 12 , 1995 . D. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. E. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. F. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12 .A. and B. G. The affected land shall be graded to prevent the collection of noxious or foul water. 3 . ReveggtationPlan: After site preparation, all disturbed areas shall be revegetated in accordance with the Revegetation Plan approved by Mr. Jones C. Abernethy, III , on February 13 , 1992 with the following additions: Early Sprinq: Switchqrass 8 lbs/ac VA 70 shrub lespedeza 20 lbs/ac Fall : Ryegrain 30 lbs/ac Orchard grass 18 lbs/ac White clover 5 lbs/ac Page 11 of 11 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 mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued on September 27, 1982 to A.P. Causby Stone Company, transferred to Vulcan Materials Company on February 10 , 1987, modified February 16, 1990, renewed August 7, 1992 and modified December 18 , 1992 , is hereby modified this 30th day of A uguSt, 199J Nus auallt tV G•S. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources I E - n l - 1 _ _ = a ILIL 5t3?: I! � - 4 ry I s