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 �.
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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
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