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HomeMy WebLinkAbout23-03_1_Redacted PAT MCCRORY KC cw.Nn. DONALD R. VAN DER VAART s.NaN.r Energy.Mineral andlandResoarres TRACY DAVIS ENVIRONMENTAL QUALITY DJ�F February 26, 2016 CERTIFIED MAIL RETURB RECEIPT REQUESTED 7013 2630 0001 8990 4825 Mr. Brian Hanrahan IMERYS Mica Kings Mountain Inc. PO Box 1668 Kings Mountain, North Carolina 28086 RE: Permit No. 23-03 Moss-Neisler Mine Cleveland County Broad River Basin Dear Hanrahan Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is February 26, 2026. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4B, and 10B and Reclamation Condition No. 3. An inspection was made of the above mine on July 15, 2015 in accordance with G.S. 74-56 of the Mining Act of 1971. The 17.21 acre area (USG Tract) at the site requested to be released, as indicated on the mine map dated December 15, 2015, has been found to be satisfactorily reclaimed. Therefore, your company is released from further reclamation responsibility for this area with respect to the Mining Act of 1971 As a reminder, your permitted acreage at this site is 828.32 acres and the amount of land you are approved to disturb is 339.26 acres. SMMu(NUUb Cudw 16nAmuoenMi Wiry I F rje.MinoruwdWd Ramiro 1613 MEiI Swia Gb 1 312 N.Sudbury 51. I Ruugk NC17699 1197079200 T Certified Mail Mr. Hanrahan Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, �_r­1 -) . � - A'n t S. Boyer, PE �St?te Mining Specialist �_gnd Quality Section JSB/iw Enclosures cc: Mr. Zahid Khan Mr. William Gerringer-DOL,-Mine and Quarry Bureau, w/o enclosures ti 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 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: Kings Mountain Minerals, Inc. Mass-Neisler Mine Cleveland County - Permit No. 23-03 for the operation of a Mica and By-Products Mineral 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. MINING PERMIT EXPIRATION DATE: February 26, 2026 Paine 3 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 RPrfam.qfinn Plan Hnwavar rmmn1AfPH narfnrmnnra of thin nnnmiind Rar mmnfinn Plan is a separable obligation, 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 ..L..�........ L... Li.... :11...J .-.1:�... .....1 L.._.__L_..•I__ _:11_ 11�_ _L-- repta a ce lV the permitted operation, and transfer the permit o the successor operaLo , 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 modity, 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, N.C.G.S. 74-49. Modifications June 12, 1979: This permit has been modified to include an additional 465 acres identified as the Neisler and U.S. Gypsum Corporation Tracts. September 20, 1981: This permit has been renewed and transferred from Kings Mountain Mica Company, Inc. to KMG Minerals, Inc. May 16 1994, This permit has been modified to include the changes to the operation as indicated on the revised mine maps, Sheets 1 through 17 of 17, dated March 9, 1994. October 14, 1994: This permit has been transferred in its entirety from KMG Minerals, Inc. to GrnnLlin Inrlllefrine Inr 1 Il.11 If\I114 II ILA LAJL114 J, II IV, Page 4 March 10, 1997: This permit has been modified to incorporate Mining Permit No. 23-10 (Hawks Mine) in its entirety and to add the Archdale Tract as indicated on the mine map last revi-sed Pchrn inn i 11 1Q07 November 19, 1998_ This permit has been modified to allow test blasting to be conducted at the Hawks Mine as indicated on the 8 '/2 by 11 inch section of the mine map received by the :a Ja, Land yf1Lua1:ay Section V1 1Dlc1oLhJG- 15, 1n9.o YILI IupuIai:o 5. May 12, 1999: A partial release has been granted to release Tract No. 1, Tract No. 3, Tract No. 4, and Tract No. 5 from the permitted and affected acreage at this site. Tract No. 2 was previously released. March 6, 2000: This permit, issued to Franklin Industries, Inc., has been transferred in its entirety to Oglebay Norton Specialty Minerals, Inc. January 8, 2001: This permit has been modified to increase the permitted acreage to 753.92 acres and increase the affected acreage to 381.03 acres as indicated on the Moss Mine's No. 1 & No. 2 Mine Map last revised November 30, 2000 and the Archdale Mine - East Mine Map last revised August 21, 2000. This modification includes a 2.0-acre stockpile/excavation area on the 4.19-acre addition (the McIntosh Addition) and a 1.03-acre mine area that will be converted to a waste storage area on the 1.03 acre addition (the Landstar Addition). July 1, 2005: This permit has been modified to have the corporate name changed on the mining"permit from Oglebay Norton Specialty Minerals to Zemex Industrial Minerals, Inc. April 2, 200_8: This permit has been transferred in its entirety from Zemex Industrial Minerals, Inc., to Kings Mountain Minerals, Inc. November 25, 2008: This permit has been transferred in its entirety from Kings Mountain Minerals, Inc. to Kings Mountain Minerals, Inc. Although the permittee name remains the same, there has been a change in the parent company from Zemex Minerals Group, Inc. to Imerys USA, Inc. January 13, 2011: This permit has been modified to increase the permitted acreage to 845.53 acres and the affected acreage at this site to 463.2 acres as indicated on the Comprehensive Site Map last revised November 10, 2010 and its supporting documentation. The modification includes the expansion of the permit boundary and mine excavation area into the H1 Site and includes the installation and maintenance of all associated erosion and sediment control measures. In addition, this modification includes the revisions to the erosion and sediment control plan for the Moss-Archdale Site (West Archdale Mine). Expiration Date This permit shall be effective from the date of its issuance until February 26, 2026. Page 5 Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. sea., and to the following conditions and limitations: v OPERATING CONDITIONS: 1. Wastewater and Quarry Dewaterinq_ A. Any wastewater processing or mine dewatering shall be in accordance with the normltfinn rarrl iiramantc and ri ilac nrnmi drint=A hkr fhc Al (` F:n%Arnnmontol V-I I Z;, I - -- I-- N I VI I I y 11- 1-V. LI I VII VI III 1l1 IIUI Management Commission. B. Any storm Water runoff from the affected areas at the site shall be in Qakcl voruanc[ e Y`vIth any applicable permit Iegl.lirelllellW CUIU legUICIUUIIJ 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 to secure any necessary storm water 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 and enforced by the Division of Air Quality. B, During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 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. B. Sufficient buffer (30 foot undisturbed) 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. Pat�P Fi C. All buffer zones shown on the mine maps received by the Land Quality Section on July 6, 2015 and the Overview Map dated December 15, 2015 shall be main+-Ainflrl }n nrn+or++ orlinininry r i i ian nan iti.0 w NI vwvL auwn III iy NI VFnc-I Ly.. I I "hU1 1%,1 X_X_WI 1% .r�, vareni+ih I +u I.exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. f1 A_ J:_1..�4, ,.1 L...I2_.. _,..-._ r nC r__L �_.--. 1-_ll� 'r__ r aim_ line L.cateA U. An unUISLUiUCU UUliCI GVitC of GJ ICCL c1lUlll� UULII SiUCb o1 L11C L�aJ 11I1C lUl.aleu near Concept Drive on the Neisler 1 and 2 Tracts shall be maintained. In addition, all excavated slopes adjacent to the buffer zones along the gas fine shall be maintained at a 2-foot horizontal to 1-foot vertical or flatter slope. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, 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. B. Mining activities, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the mine maps received by the Land Quality Section on July 6, 2015 and the Overview Map dated December 15, 2015 and the supplemental information received July 6, 2015 and December 29, 2015 C. 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. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills 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. Paae 7 7. Surface Drainage li 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. 8. 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. 86 and 8D 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. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (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. W 379 E - H _ tt " 8ia Ybrs[[io F 0.�v cY'fs [on F9vro Yw4Yt@rrrsPva bF®Sfing..lcvoF r..rii4a..ia. _ rSo+:r�Ez' �+ oifeC Mom Twrtvr® 8 'I'. Buraau oA:Nrr[e. R.;850�) B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: Pane i3 W = (D/DS)2 Ds = D W 1l2 V = 160(D5)-1-6 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. C. Air blast With Monitoring: 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 Max Level, MeasurincLSystem, in Hz in 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. Air blast Without Monitoring: l i th^ cv�nt of seiCmnrir nnh mulfrunCtlnn or nthar rnnrlifinn ►nrhinh prel/izntC monitoring, blasting shall be conducted in accordance with the following formulas: i i - Qo /nAAJO.33N-1.2 � - vc �vfv / To convert U (psi) to P (dBL): P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: A = P - 35 Page 9 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. Record Keeping: Tl � �.����1�_ _L_It maintain '----J- -'- ---L :�J:..[J..-� VI--1 -3---_:t_:��. IL- IiC u��iaw� mall maintain records on each iriva�iuuai r�ia5L ue5criuir�y, uie 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; blast location; distance from blast to closest offsite regularly occupied structure; and 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. Excessive Ground Vibration/Air blast Reporting: 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. Fyyrock Prevention: 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. 1 Page 14 H. Flyrock Reporting Chnlllr4 -rxtrnr+L nr•r+llr'ho%rnnrl fha nnrmiffeaA anrJ rlllnrrlmd nrnnc tho nnnrafnr %..rl I%dUIM Ilr1 W+ F% 4V41 V%,Y IlV,%11V V%,.I 1111µL.,%A CAI I%A tj aG lt.l a.0 ,yu , vrvl_1_. , 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- 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. 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 with the approval of the Department before blasting may resume at the mine site. I. Studies: 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 exceedence 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. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. K. The test shots in the Hawks Pit shall be conducted as indicated on the 8 '/z by 11 inch section of the mine map and related correspondence received by the Land Quality Section on October 15, 1998 with the following stipulations: 1. the test shall be limited to two shots, 2. the above blasting conditions shall be followed for the test shots, and 3. the blasting consultants shall submit to the Land Quality Section two copies of the seismograph recordings and blasting records, including any conclusions made, shortly after completion of the test. L. , A modification shall be submitted to and approved by the Division of Energy, Id ICE al and Land Resources pr for o 'Incorporating blasting ac Ll Ries ;In LV U IG routine mining activities at the site. Prior to submitting the modification request, a meeting shall be conducted as described in the additional information letter from Ms. Judy Wehner dated October 19, 1998. I Page 11 9. High Wall Barrier A phvsical barrier consisting of chain link fPncinn venetat'd earthen hPrms 4--trancl barbed wire fencing (a minimum 4-feet high), or large boulders placed end-to-end shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. 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. 10. Visual Screening 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. Vegetated earthen berms and other acceptable screening shall be located and maintained as shown on the mine maps received by the Land Quality Section on July 6, 2015 and the Overview iviap dated December 15, 20-1 5, Berms shall be constructed a minimum five foot high with a 16 foot top width and a minimum two horizontal to one vertical or flatter side slopes. C. 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. 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 contained in the 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 unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section nenartmPnt of Fnvironmental Oimlity Tha mPthnri of rii�nosal shall __----- - -r--- -- - -- -..-.. ------- ----. ---...v- . .._ ...--••-- -• -•-r---•. _..�.. be consistent with the approved reclamation plan. Page 12 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 rlionncarl of in o Anc-irrnn+orb rofl ion nron All n+knr iAr7e+n nrnrll Ir•fc ml1c+ he V 1A1J1./V JVIA I 111 rA U�i.]IIJ. 11(Jl%i4 1411.iJv QIGG. r-%1j VLI 1v1 vvGJkV Y.wwMVkJ 1. k - 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 J:____�J �1...:&L_:... A.L... .._ .....:44-A u1spubsed VI WILItin Ule permiLlCu 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 G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse 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: 1. the approximate boundaries and size of the refuse disposal area, 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Repo 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. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 Irrevocable Standby Letter of Credit, 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 13 15. Archaeological Resources Authorized representatives of the Division of Arr:hivPs and History shall hP nrantPrl access to the site to determine the presence of significant archaeological resources. Pane 14 APPROVED RECLAMATION PLAN The IIhillir r1 br,r.v.i} innnrr,nrn}oc }tic C7on�om�}inn f7f�n }ho norfnrmonra of Larhinh is n he IYIIIIIIILJ. Permit.it. II IVI%Jl FIJI GLGJ LIIIJ I\GVIGl11GLIV11 1 IG11I LI 1%a NL,.I IVI 1 I ICAI I e W1 Yr 11� 1 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, or are likely to become noxious, odious or foul. 5. 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. 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 high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 15 A. Overburden shall be used to slope all side slopes of the mine excavation in unconsolidated material to a 2 horizontal to 1 vertical or flatter slope. B. All lakes shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. C. The side slopes of the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter above the water level and 1 %, horizontal to 1 vertical or flatter below the water level. n An., cuWinn nnnrlc nnA onAimeM nnnlml 4.�e1..� k. ll r.e h�..LGlle.l ..m.le.l eMA . i, ". kL. ..y p........ w o . vi ✓oo I ✓OUnl l I • yl UtAttlwl I UI � stabilized or cleaned out and made into acceptable lake areas. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subseiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12D. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Mr. Ben Robinson, NRCS District Conservationist dated August 31, 2010. 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. Pane 16 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 to Kings Mountain Mica Company, Inc. July 26, 1972, modified June 12, i979, renewed and transferred to KMG Minerals, Inc. September 20, 1981 , renewed and modified May 16, 1994, transferred to Franklin Industries, Inc. October 14, 1994, modified March 10, 1997, November, 19, 1998, and May 12, 1999, transferred to Oglebay Norton Specialty Minerals, Inc. March 6, 2000, modified January 8, 2001, renewed April 5, 2005, modified July 1, 2005, transterred to Kings Mountain Minerals, Inc. April 2, 2008 and modified November 25, 2008, January 13, 2011 and May 18, 2015, is hereby renewed this 2611 day of February, 2016 pursuant to GS 74-52. By: S �� racy E. Davis, Director Division oafnergy, Mineral and Land Resources By Authority of the Secretary _ Of the Department of Environmental Quality ffvl 1 d/ 'G (_ North Carolina Department of Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE INSPECTION REPORT E PERMITTED MINE SITE ❑ UNPERMITTED MINE SITE 1. MINE NAME: Moss-Neisler Mine 2. MINE LOCATION: South Battleground Avenue 3. COUNTY: Cleveland County 4. RIVER BASIN: Broad 5. CASE: 6. OPERATOR: Kings Mountain Minerals, Inc. 7. ADDRESS: 1469 South Battleground Avenue Kings Mountain NC 28096 8. MINING PERMIT #: 23-03 ❑ N/A 9. PERMIT EXPIRATION DATE: 04/18/2023 U N/A 10. PERSON(S) CONTACTED AT SITE:Jacob Sinclair Atlas Environmental 11. PICTURES? ❑ Yes ® No TAKEN BY: 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection(Permitted Mine Sites) ❑ C. Follow-up Inspection 13. Date of last inspection: 06/07/2017 14. Any mining since that date? E Yes ❑ No If yes, cite evidence of such mining activity: EA uipment and materials on site, active mining during inspection. 15. Was mine operating at time of inspection? E Yes ❑ No If yes,explain: Excavation and ❑ ocessing of material active during inspecton - 16. Is the mine in compliance with the Operating Conditions of the Permit? E Yes ❑ No ❑ N/A If no, explain: 17. Is the mine in compliance with the Reclamation Conditions of the Permit? E Yes ❑ No ❑ N/A If no,explain: 18. Is there any off-site damage? A. ❑ Yes B. E No C. ❑ None observed If A, describe the type and severity of the damage: If B or C, is there potential for offsite damage? E Yes ❑ No Explain: Dam failure could result in mined materials being discharged offsite 19. Corrective measures needed and/or taken: none 20. Other recommendations and comments: none 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) E Not Reviewed ❑ N/A _ _ _ _ _ by, __ 22. Follow-up inspection Deeded?u❑ Yes E cNo , Proposed date N/A 23. No. of additional pages of Inspection Report 0 24. Copy of Report sent to operator - INSPECTED BY: Holliday Keen DATE June 28,2018 Telephone No: 114-211,2111 Copy to file Copy to operator Copy to Mining Specialist ROY COOPER MICHAEL S. REGAN Kro se my Energy,Mineral - WILLIAM E. [TOBY] VINSON, JR. and LandResources a,:nm u�nno. ENVIRONMENTAL OUA�ITT July 9, 2018 Kings Mountain Minerals, Inc. Attention: Michael Tonelis 1469 South Battleground Avenue Kings Mountain, North Carolina 28086 RE: Moss-Heisler Mine Quarry (Permit 923-03) Cleveland County, North Carolina Dear Sir or Madam: Attached is a copy of our report documenting an inspection recently conducted at amine site for which our records show you to be responsible. The inspection was performed under the provisions of North Caro ling General Statute 74-56 of the Mining Act of 1971. Please review the report carefully and note any problems or deficiencies documented by the inspector. Furthermore, please note any recommendations and/or specific corrective actions required to correct any deficiencies that maybe listed. The responsibility for understanding and complying with the terms and conditions of your mining permit and the Act lies with you. Please do not hesitate to contact this office if you have any questions concerning the attached report. Your cooperation is appreciated. - - Sincerely, RECEIVE® AL 20^20% Mcv-�--- LAND QUALITY es Moore MINING PROGRAM Assistant Regional Engineer Attachment — c�Dawd-M+.I etate"AM1iaing`SPect--...W:s.•- /HVK — _ II ROY COOPER co.ennR Kro MICHAEL S. REGAN secretary Energy.Mineral& TRACY DAVIS Land Resources a`t fC141 ENVIRONMENTAL ay.Ll.. December 1, 2017 Dawn Whaley, Ms. Imerys Mica Kings Mountain Inc. PO Box 1668 Kings Mountain, NC 28086 RE: Mining Permit No. 23-03 Moss-Neisler Mine Cleveland County Dear Dawn Whaley, Ms.: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates anii the required reclamation is completed. Considering the above, this lett Ir hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the pelimil document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017— see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required byIGS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions anchor revocation of your mining permit. Lastly, pursuant to GS §74-54, the/cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will ble initiated by this office or addressed during your next requested permit action unless you contact this office with a written 'request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicathe zoning regulations remains with you. Thank you for your cooperation in this matter. It you have any questions on the above, please contact Ms. Judy Wenner, Assistant Slate Mining Specialist, or me at(919) 707-9220. Sincerely, William "Toby' Vinson, Jr., PE, CPM Interim Director, DEMLR sum.of Norin cOrOr" I Enlrl rinicrtnlquArLy I energy.IMr,nal and land acxwrces 512N.Sa1IRWTystrcetl I612 Mall service Center I Relelgh.NOnh CTrol=27699-0r2 9I9 707920 .eT- ': • • SECTION E. Complete items 1, 2 agd,3. Also complete A Signature item 4 if Restricted D`%..I is desired. X ❑ Agent ■ Print your name and'address on the reverse ❑ Addressee so that we can return the card to you. B. Reopoed by (Arrnted Name) C. Date of Deli ry ■ Attach this card to the back of the mailpiece, _ 1 or on the front if space permits. 1. Article Addressed to: D. Is delivery Yes If YES, ent b No MR JOEL VENTURA AUG 19 2015.. IMERTYS MICA KINGS MOUNTAIN ING LAND QUALITY PO BOX 1668 KINGS MOUNTAIN NC 28085 3. .Service Type �l Certified Mail ❑ Express Mail Registered Return Receipt for Merchandise ❑ Insured Mail C.O-D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 1.7014 0510 _0000 4171 9989 ' (transfer from service label i_ __ PS Form 3811, February 2004,j '**,,p';tr�6mestic Return Receipt q- ( — S 102595-02-M-154c UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH INC 27699-1612 1740-7401 1"11}`III'1'}1}}P ' h t 1}'tll 11 "11}I'II'pl '}Lil} 'tll mdlz7r � __i Memo Tbc Judy Werner From: Zahid Khan CC: Date: 02/1712016 Re: Moss-Neisler Mine, Cleveland County, and Broad River Basin ApplicationlPermit#: 23-03 We reviewed the most recent submittal dated January 29, 2016 and received in MRO on February 4, 2016 vrith suspense date for comments February 22, 2016. James Moore reviewed this additional information and no comments. Please contact me or James Moon:if you need additional information. FEB 2 6 2016 I_aa j QUAurr MINING PROGRAM 1 • memo Tak Judy Wenner From Zahid Khan CC: Date: 02/122016 Re: Kendrick Mine, Union County, and Yadkin River Basin ApplicationlPennit#: 90-01 We reviewed the most recent submittal dated February 1, 2016 and received in Mooresville Regional Office on February 11, 2016 with suspense date for comments February 26, 2016. The Transfer request was made. We do not have any comments. FEB 2 6 2016 LANG QUAD Tv MINING PROGRAM 1 0 � Wohnnr, Judy From: Moore, James Sent: Wednesday, February 24, 2016 2:41 PM To: Wehner, Judy; Khan, Zahid Cc: Cole, Brad; Boyer, Janet Subject: RE: Comments on 23-03 Attachments: jm-02242016.pdf See attached, we asked fora larger set of drawings and they sent them in, nothing to review. From: Wehner,Judy- --- - - - �— -- _- - - ----- - Sent: Wednesday, February 24, 2016 9:38 AM To: Khan, Zahid <cahid.khan@ncdenr.gov>; Moore,James<james.moore@ncdenr.gov> Cc: Cole, Brad <brad.cole@ncdenr.gov>; Boyer,Janet<janet.boyer@ncdenr.gov> Subject: Comments on 23-03 Comments please, They were due 2/19. /1 Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office 17 Judy.Wehner(@rcdenr.novEmail 1 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 1 512 N. Salisbury Street Raleigh, North Carolina 27604 !' Nothing Compares�� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ----------------_----------------------- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may he disclosed to third parties. 1 MN th ina Land Qua'litySection RM IWIWIIIv TO: Judy Wehner - - - Fmm Zahid Khan Cc: uatm 021172016. . Re: Moss-Neisler Mine,Cleveland County, end Broad River Basin ApPlicatlomPennit M 23703 We reviewed the most recent submittal dated January 29, 2016 and received in MRO on February 4, 2016.with suspense date for comments February 22, 2016. James Moore reviewed this addifional information and no comments. - Please contact me or James Moore if you need additional infwmaGan. 1 MINING CHECKLIST FOR ROUTING Applicant's Name: % V.err7 M ProjectName: A16ao I ICI,OfF•,( I Nti( V � Applic.%P/errenst�N�o:� qj-03 County: 1444 Date Received. /J t Reviewer; River Basin Name: ❑ New ! Renewal ElModification(inside permit boundaries) ❑ Modification(outside pe,r�m{itd,rm�t�n�dy�es) ❑ Transfer ❑ Release ❑ Partial Release `Ll Additiotml Information ❑ Fee Needed•g ❑ Fee Remived:s Pleas rout1ee mire application package to: r 01.1� RBsawl Offue(z mm�letr mp'a:nfm#sk"LQS Wg�aul0�'a Moat'Aptdismirn Reeirw Ckdlut"to am m"and ad"both the DWQad DWR"M1nhgApptimiat Review Fmsa"to tkakrvsp c red both wpirr W the Regional Engineer) Date:Rowed a. - (o Reed ❑ Division of Water Resources Date:Ranted Rerid ❑ NC Wildlife Resources Commission Dec.Routed Rec'd ❑ US Fish b Wildlife Service Data Rowed Reed (Wy nee appliretime and mdif cati on rop em tint add bad m tk peraw) Please route first pages of the application awed any location maps to: ❑ uivision of Pmics vi Recrcation Date:Routed Reed ❑ NC Geological Survey Section Date:Routed Reed ❑ Division of Marine Fisheries Date:Routed Reed ❑ Division of Soil&Water Conservation (p)us LEA) Date:Routed Raid (0*one applimtimu and modihcaema,egmsn tint addled to da"it) ❑ Division of Archives all History Date:Routed Rec d (Only cone eppliwas) ❑ Other. Date:Routed Reed I •*Suspense Date for Comments: a J(,a (sic later than gy days from receipt) ❑ Please note the following: PLAn Wehner, Judy From: Robin Reilly <Robin.Reilly@imerys,com> Sent: Wednesday, January 27, 2016 4:14 PM To: Wehner, Judy Cc: Dawn Whaley Subject: Imerys Mica Kings Mountain Inc, Permit Maps Hi Judy, Confirming that the maps are on the way to you today. Best, Robin Robin Reilly Land and Reclamation Manager PM, TNA Imerys Talc 73 East Hill Rd. Ludlow, VT 05149 Office: (802) 228-6494 Cell : (802) 558-7089 Fax : (802) 228-6410 \._. L IMexxs rats 1 Rfi Am not 0% HWM %WEEE %ff To: ; JudyWehner RECEIVED From: Zahid Khan JAI 21 2016 CC: Date: 01/20/2016 LAND QUALITY ..�.1 1.�., ., iwi1v11ivv PROGRAM Re: Moss-Neisler Mine, Cleveland County, and Broad River Basin ApplicationlPermit#: 23-03 We reviewed the most recent submittal dated December 29, 2015 and received in MRO on January 6, 2016 with suspense date for comments January 22, 2016. James Moore reviewed this additional infnrmnfinn nnrr nnmmantc nrQ nttne-ha A copy of the comments from James Moore is attached for your information. Please contact me or James Moore if you need additional information. 1 From: Moore,James Sent: Friday, January 15, 2016 8:44 AM To: Khan, Zahid Subject: Imerys Kings Mountain Mica Mine 23-03 The 2 new updates maps submitted in Jan 6, 2016 are much improved. I would like to have a larger set for the file (24 x 36). James Moore-MRO Correspondence to and from this a mail address may be subject to the NC Public records law and can be viewed by third parties. r MINING CHECKLIST FOR ROUTING /^' • -, ///�/ Applicant's Name:ae/1sd I/tIt L( X ProjectNam Ife: dm a( I . Appla.%Permit n: q ,JfnJ`0.3� County._nty: Date�q{Receid:�oe� �/d dY /57� Reuiereer: ^^'^" River Basin Name: xO IeUG.y ❑ Nero ,Renewal ❑ Modification(inside permit boundaries) ❑ Modification(outside permit oundmies) ❑ Transfer ❑ Releace ❑ Partial Rehm AAdditional Information ❑ Fee Needed:s ❑ Fee Received:t fie"route entire applimItion package to AJ f.� Regioxal Offire(3emplem mpimi anrchthe"LQg Regiaid oJjue Miaing Apiimam Reoien (36"e'to me copy adduadehad the DWQad DWR'Mtming App&miw Reu&m Fmm"b deadwro"red hnhmp es m the Regimal Engiruer) Date:Routed Y Recd ❑ Division of Water Resources Date:Routed Recd ❑. NC Wildlife Resources Commission Date:Routed Reed ❑ US Fish&Wildlife Service Date Routed Reed (ably mu awwnism and vswffudim repmus tha add lmd to sle pemmt) . . . Please rmae first?pages of the application and any location maps to: ❑ Division of two w Recreation Date:Routed Recd ❑ NC Geological Survey Section Date:Routed Reed ❑ Division of Marine Fisheries Date:Routed Reed ❑ Division of Soil all Water Conservation (plus Lee"A) Date:Routed Reed (Onlyi appliwieasandmadywzuam requests slat addImd to thepemat) ❑ Division of Archives dr History Date:Routed Reed (Odymmap0 mn) ❑ Other: Date:Routed Recd Id ** Suspense Date for Comments: as 1 (no laser than xf days from receipt) ❑ Please rwte the follounng: , AA ,, p���� v � 0 IMERYS Imerys Mica Kings Mountain, Inc. P. O. Box 1668 Kings Mountain, NC 28086 12/18/15 Ms. Judith A. Wehner,Assitant State Mining Specialist RECEIVED Central Office DEC 2 9 2015 NC Department of Environment and Natural Resources Division of Land Resources, Land Quality Section, Mining Program LAND QUALIY I., .�u,� r-r%UUNAM Raleigh, North Carolina 27699-1612 919-707-9220 RE: Response to Letter dated August 3, 2015,Moss-Neisler Mine, Mining Permit#23-03 . Dear Ms. Wehner: Imerys Mica Kings Mountain, lnc.(Imerys) is hereby submitting our written response to your letter dated August 3,2015, in which you requested more information for the mine permit renewal for the above referenced mine. To summarize,the request was for the following: l, "Provide a comprehensive mine map that shows the entire 845.53 acre permit boundary, the 30 or 50 undisturbed.buffers along the streams and waterways, 25 foot buffers along property lines, all streams and waterways and standard mine features." Please see enclosed Overview map, which includes all of these features. 2. "Clarify the release request for the USG property." Please see the enclosed Overview map,which indicates that the USG property would no longer be included in the mine permit.This would result in a change of 845.53 permitted acres to 828.32 permitted acres. The Affected/Disturbed Acres,would remain the same as indicated in the original mine permit renewal application,since the USG property has been in a stable state since reclamation and was not considered"Affected/Disturbed" in the original submittal application. 3, "Provide a comprehensive reclamation plan that shows what areas will he left as lakes and what will be graded and vegetated." Please see attached Reclamation Overview plan,which indicates the areas that will be left as lakes,and the areas that will be graded and vegetated. 4. "Address the concerns noted from the Division of Water Resources." We retained Carolina Wetland Services to address the concerns listed on the Form dated July 13, 2015 from "AJ"of DWR. Site streams and wetlands areas were delineated and are indicated on the submitted Overview map. Thank you for the opportunity to provide more information to assist you and your staff in the mine permit renewal process. Ifthere are any more questions, or if you need more information, please do not hesitate to contact me at 805-315-6136 or email at dawn.whalev@imervs.com Sincerely, I✓"`,ff/�/�y(/Y�y�,\ �V""- D Dawn Whaley EHS Manager Imerys Mica Kings Mountain, Inc. Attachments: Overview—2 copies, Reclamation—2 copies • IM*RYS KINGS MOUNTAIN MICA, INC. OVERVIEW �; " al mmm RIM Ft . lt,tilit L �p,t r:Fl Y xnif h r "ill ITT � . 12 t& 2.4 ------------------- 1141F� MNAH3AO N011MV-1038 'ONI VOIN NIVINnOW SONIN SA144"I 0 GOA NCDENRI N!fu pii , Le .1 tn,u En ,Eror n . ,,Iltl Nd,u aesJurces E`et kl : tr+rq "fin „I , i rl- ,a3�t Garr r' August 3,2015 - Certifir d Ma Retitoi Rece�y, Re�11 .uesterl 7014 0510 000 a 4 171 u98(Lr Mr.-Joe: Viffr ura 4mer}a #`slier; 15f iqs ,1oOnta r :rte. Pb.Pax trr�f Kings Motif-sa F, h:o tlr ailffl a 2VA15 RE Mct,;-ilel der NAl.ne Min rig Peinf t N,t 23-03 cievo'a ricE:Corr oe/ Bresnc ` r i Dear rvlr. vo*;ra We hatic ,"v ekveri tho, r. ner al anC partial iclrace reaue-t your corn ar y .,,au-:>itted icu the refers; lr;d ;r, ne si€a- ¢) rodeo te; this once to i2 ftitetc its r vt.'.{y of the referenced protect its accordacce with GS 74_50 Ind `l o`i'tc. k`A mifg Act or 167' c..se prcvide - n r;cr itirs:e-;l or revisor tv actor ante ifi th the following clordulfnars: 'r tr My ors a tntitrf Inap tl AT ,,4 ftxie t110 ei tlrC 845 J.> 91're ;aL'anii oormdary. the 30 or 51) toot a rchturbc.[, E ,rf es Wong sfrerittxe a=id wpterfnvays, Ga toot frifoistu bred Wilcrs a ong p iopony II er, al atreaas and waterrvaya and sta rcafd r^me features. A ..mote- se„e map 'ha" io=eirerfwfrr it cfiffeiont sheets could he anav cmd a ,ring t.rr;re,*er eri rest er n k rf;; are 5 h a vo ow the individuat sheets. 2, Are you reque .i iip a parfiril eI ase fol iSG property? Fie• s lard°-/ w1rether your comp2rir ,,rants tlalr: area remorrred from the.permit boundzry o` ,usE the ;affected _aoraage l=your corpany w ar-l's lue arFa.a removed(rgn'i the po,rnii. .pro ade a Wrap tl rat shoves tsar,, c,arrent laer:ral boundary and prUr csei przzrri, bo.roSary. lost penr +8ed -r_ acre frok H Irovo °Obe, r h.oecttc r.=xa the Ten oval from. the perrtif Ucundaty: i 3_ Provide a aor.p-ehensl`ae redamation plar that shows what a eu s .'! be let es ,ok s and wriat a eati svi t he graded a-;i frofte9pilated, � ct= _ ar i � alry r2axurc-_ teals e= jrr,t.T R,F I nh I rFIr„a , U' ri In- 2f r1; An Equal Opportunity 1.Affirmative ktim Emplmr-50 o Recycled t fO%Pos!Omsuma Pativ Certified Mail Mr, Ventura Page Two 41 PieaQe fiqd encicsod cornet e,Mf,em Me Dtv slon of V4,aier riesowres regai-4::,3g Itic renewat FequeA Please iddress the concetns. pleas,; "Vo advisee that our review cannot be completed untii all of the terra J;Sfod above have her., rUl1k; add:oaeed,. In addificn, please able the, Lind Qua i1v Section may. rc-uIiost vifofmafiuri rot ricludee ir leis let of a� fflp wrnmq applicatior. review P1 09rO-IsSeS ti order to complete the processing of yclr application, please fill two(2) copies of the eii-,oQle3j 11fol rnAtorl tc i..v avention at the liAcwinq aldrass; I I I Lard Q, al fy Stg;tirn Division of Enemy Mineral and Land Do a a tj .t1 t�f End, rjfj f r t and Natural Resources '6i'2 1,01all 'Se,Viom, Carter Rateigh NC 27aj9-1612 A-� raf,lijlio(J by 15A N(�AC 5R 0013, you are acivised that you have 180 vW !r) vid! ng, it) thc 51rector OQaNy J1,4 4 he deadime carnot be met and 5eqijmra that an IQ @�Ixr `,earl of mrio be 9, med F an oxv nsron of ri-c, i� not or Wed, a doc,;7iari r; it nu imacro to I gr&,t ��i dew) 9* 'I mliri permo basod i�ron tbe information currently in the Depot(ine ett s I 11 e s at the end cf ill 8C :.iv PC'nod. ho-oh the wecodii iq siarement cites the n1XIii time IjM i for your response, we encu - ejev o I Impad-drion al i�worIMationI re., ueIsled b/ thk eAttierassaon as possjcle Y"out pio nett iesiaLrs1 .,ill hel, us to coin pl t, piaressiriq -au aokIIAtions o unw. Please:contact meat (�)10, 701-q220 tyu-u have any quest ju&+11 A Vvehne- Asia,l'it Sta t'o N1 naic I'l I I Il Specoijst Land Qual4y Section Enclol�"re DVOR comments cc: Mr Zahid Khan Pfl/y tho o rr' ..Return PDF�1" firm to DEWPICCo , =:':r .; -.0 ;vV Send a6 yto ft pemri&e> MINING `T*MI APPLICATIONI FORM for the DIVMION OF WATER RESOURCES THIS SECiQQN TO HE FILLED QUT BY DEIMLR I Protect Name Kings Mountain tain Minet DEMLR Permk# 23-03 County: Giieveiiansln Applicants. e=ma€i. damn:aehaley$�3d;7erys ecru '„ PERMIT ACTION TYPE: Rsnewa€YES NO Date Commencing '.. r . ._.,.,._._...._ . ...._..,. , r. _...._._ Have land dlrsturl mg estiuities stoned? Date Ea;itudS:. 36,1963 onQitude; a'L49ir.9 l ✓h:ase rrti=rr comments to Eat :rEIIVILP. COY !udv WeNnat Ceenmeota drra L; July my 31 2015 I SECTION _DVVR is this P0 r m-reyS that :r �as'>' al,.h. as or f Wod "a:,rl t �i„ s;ac.a a3 .., wad q .-,I tp�-",,,eg. corti!nen[v Omq.te stveamsae nr talkFr_ol VhF pfnVlded ip The toad fnaPs provtdedshauld not F3s t"e r:; al .r -recf tar r.c loarty on suhre ed m ThpatAs n hadiszu s vita R 4 a is„�,drrt rrc e s as .t>> ,t lar , ,b' ss of Saito dia r ai a _ 4r.>ra ,� Ate8 D,. ,i r r, ier 4'ersc ot '1 g ha3 G ra,er, rs,f.`crcrt eqr lain ent ro .c t;a gab I1 reea- a_{ e^r ina e u i�a �s beiOr; ser i a'oziu,svi r ._ cam;..:e a c.rrt.ior: �t to hF• 3 ac v.a{e s.a age -ri-zr E Isni taL� k�'4�.I.. T^s2 rr 2r tit to ,ate ka.!.r_eir _ c,rr3rd r..,a Dxon P {I ye I r I I t %_sr, 7aa F3rIn, ir�siSS_. L'15Ch i _ tP`I"3k1t ]! .> iffiest r�4 3 . Of t 12 al h , co of �'":B :>}t:ti3 E' I' %?`1L �Jcdru to h2ue 9 arne §'✓£ T � 't`Sf1'.,4V� I t1 3 S. <sjPt Y �};G+S. At T {1 cr�-tae,v r^as a s6reArzi rot or- Spiv currier or"t„e s r l d P Qjt(Le ,Td3He`is 1F rj It dr'{^t 'v'�'➢'la :k l-ia 5t-d;OR-. C. Does 'his =r: ire (nr di +, .aa c: r) t,a.a .'.'uses cackfaes.#o pay?: NA If yes, amount: - s this mine an active permit in BJMV - YES NO i.. 4Qt ttfollal.ld requrred"" a09 het€an'I Cent ax st hg a pro( , - ;,+�F WVMPVF Of basbiAi0DEAV.RM by a a xCZXRRO,MMSPU Saida mpy Rgvj�wed by: 0 0 OWR RO 510ace %,NaterAJ Regn.naf Of , ,e, MRO Date: QZ:Lq.15 PO fiarPmt Jl(m FzeOtjr), Regional Of Date: 2 tc Nyd!firs fig»to.Pi R9t" • �':;r .". -ti. , �� DAiR SPlF Seri . :'.JfoaY6 m MINING MIT APPLICATION AVIEW FORM for the DIVISION Q.FWATER RESOURCES 125 SEG.tt.Q 0 BE FILL§E) OUT QY DENILP i r rojt cf Manny Ki€zgs is ounta i< Mimst DF.MLR Perm[t# 23,03 County: Clevelandn Applicant's , Em1W dasvn:uvhalay@iraerys.corn PERMIT ACTION TYPE: Renewal YES NO Date Commend Have lane d;stiarbing ac Kildea - started? Gatc; F i. :4. >1873_ Lai§fucle: 5.9 gS3 f.1nitvdt: -di..A€TSS Please ret:a it i.:O m oWa to at DvMLR CC}. .7ody Wetmer Gommeius due by sae{ 31.2915 _ SECTION 9EL€)W T.0 BE FILLED OUT BY D` s G`!e 'G c� (.a- . , 3 at the uco atoln asp . 0125ed, edeu d lfiDioie Span a; S Uffi at�fl c u .y�_T-e_s (.%3otm Ifs Or)a;tT r>i, s i;vsi ot ked <.n 4t e Pin id 1 s aes.�?pg(oDo ma€lx wav;dea shopk7 noE be. the finial o ;mien! ;;; s artSlw 'i.,nTr that may h; I ;,aa'a4 0- 4da.. Thx f't�ac ? a a c.a e `t I,or a is th tl: r lei ;h tr� r C;., e -2 r[y nrt sutrmifteh ma,ar,. Thei plant. rr tr 2.4 n re PI r<CP'rn e,s 4b3,Qr ;.Fa "t ta;? ..h.r_ [bpw aigc .a. WAei u ortt„y Af sa',... c:aE,t.a pr er tack of Fq ,e ouio.i _qP c�, , 1.c r_ iln e;:e. Sari seCi 7© t ..��af be Pg c, rt 3;.vug_is; ter renela rr s ; -,y.;. , 'c tl ,v 9 ,gate _ ve ., r`,,to ii nFe_ : ., Tn"sue . ;a Cnanr r x# :; a+e d a cp2? ..r.JE. ..i ,l eco 4 a, U 9os i r ,t @D p D .tl kt 3nr . �ea;iE '-svt�r . , tr..ue: rf' < < r.is.?r3tg, <iutfa 1pf *h s r:z? la;l r; il`:.. T*e Ne-sile P ant y o�p hP— r a #ar,�p.wr+tla; rJ €n-^ wN tt a ,=? °�,. I°i _ -t 4 s¢ io i 3 bw* r_9_ ':1 ( Or. r-rno rr P.'sloit 'uaan ip Y I ism �;.x:re d Cfa E;aakurc G DWR ep PrapCe Staus o4 JY).in= ti'y,. Dpiss #115 mire for awnu;) ravc C3`rnfR back fees to pay.? NA If yes,:amount: Is this mute an active permit in BIMS oi 4014've€land Gent ega2E . t,.ar4,, a :r�. . .... 401 Wedand Getl, cxisdng? Re$Or ri*oa 7U;.0 peff a Mrs tarty ro a F R, t FPF of rpjs kor to DEULR C by�&I.w t)EMLR Ao,D"spu, sand a OppyroNe pw,7qff**, nWR RO Stirfac0 vvat J, tr'M: MPO fate. 07--!1-4 J fifer P-qtc'c�[,-,r S -bo- Regional OffCe: ar Rfi a A TM Judy Wehner Fri Zahid Khan CC: Dale: 7/24/2015 Re: Imerys Mica Kings Mountain Quarry Mining Permit, Cleveland County, and Broad River Basin Application/Permit#: 23-03 We reviewed the renewal and Partial Release request of 17 acres of the submittal dated July 6, 2015 and received in MRO on July 13, 2015 with a suspense date forcomments July 31, 2015. A copy of James Moore e-mail is attached for your review. A copy of DWO,and DAQ comments are attached for your review_ Please contact James Moore or me if you need additional information. � �IQr7Ld t1pi New III Khan, Zahid From: Moore, James Sent: Thursday, July 23, 2015 1:09 PM To Khan, Zahid Subject: 23-03 Mica Mine Kings Mountain I inspected the mine on 7/15/2015 as part of the renewal and partial release of 17 acres. I recommend release of the 17 acres and renewal of the permit. I have uploaded pictures in (beam, James Moore Correspondence to and from this a mail address may he subject to the NC Public records law and can be viewed by third parties. t �S MINING -PERMIT APPLICATION REVIEW FORM For the DIVISION OF AIR QUALITY _ Project Name/Permit Number: Imerys Mica Kings Mountain 123-03 County: Cleveland Due Date for Comments Back to Land Quality Section: 07/14/15 ** Return To: Zahid Saeed Khan II Will the operation, as proposed, violate standards of air quality?Comments: YES YES NO Air permit required -t0 Air permit existing (Permit # ) Other Comments: Reviewed by: X:9�, �-- -.�A,--- Date: Print Name:_ _ �i �l 5 ter} i�c iva1200��99r�uu:a Central Office reviewer: f . Print this to"to POF Refum POF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Serrd a copy to The permlttee. MINING ARMIT APPLICATION FRVIEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name Kings Mountain Minet DEMLR Permit# 23-03 County: Clevelandn Applicant's Email: dawn.whaley@imerys.com PERMIT ACTION TYPE: Renewal YES NO Date Commencing Have land disturbing activities started? Date? F. r r r >1973 Latitude: 35.1963 Longitude: -81.4069 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: July 31, 2015 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? ves Comments: Onsite streams were not marked on the provided maps. The topo maps provided should not be the final comment on streams/wetlands that may be located on site. The Moss Plant ponds are all on line with Dixon Branch (not outlined clearly on submitted maps). The plant had issues with 8.4 acre Plant Process Water (plant tailings) not being discharged to "Water Storage Area", Due to either lack of O & M or outdated/insufficient equipment to do the iob. Unnecessary sediment/erosion is being sent (along with other general erosion issues) to the 3.9 acre water storage (inactive plant tailing pond). This pond is "connected to the adjacent pond which Dixon Branch flow into. It appears Dixon Branch in reality discharges through the Stormwater Outfall of the "inactive tailing pond". The Neisller Plant appears to have a large wetland from which a stream originates. Archdale Mine has a stream originating in the bottom SW corner or the mining proiect. Watershed/Stream Name & Classification: C DWR Compliance Status of Mine: NA Does this mine (or previous owner) have DWR back fees to pay? NA If yes, amount: Is this mine an active permit in BIMS? YES NO ;:• v ., q �.c. S s- r" ,}s'�; as 'c r rj `' t l e r t, 401.;Wetlantl:Eeh regwred2L^ "v'� ;,t� � lr it 401 Wetland Cert. existing? ❑t Permit# r'r Rev September 2010 Print this loom 10 PDF Return PDF of this lone to DEMLR CO by email cc DEMLR RO, DWR SPU. Send a copy to the peomittee ion toll, deterrne dR,aO',401vicertification se enough rreatued7.x1ra 1 `� 't x � Fj F4F q r-.. Is an O & M Plan-needed? - - -YES- - - - - - - NO ' °Arewetlands disturbed ai th s$site7�� 5 it yq "� nFiri_ "Xi lV`m, Does DWR RO suspect or know of nearby r 1 r 1 wetlands to the site? — iH IJDr+ 41I , d �,VW �+' � A, .E ts4 a1^�ry WeUa Isa'wetland dehneatwn requved pnor to r_ IConsultant " r Y'''y �'r ter , 1 •« �• d'3y mi�u+ ` I r r A ,ITIt x 1 }r ♦ �y DWR issutngtthe permrt7 t nsite a s� rs ae f ..�..,.p ,'ys .d,�V T S r, s;xe `, „ Offsde?�'k5 'Lh >YeL` trC' .S — Stream Determination Needed? Fi ❑1 Ia' v de: j . Stream Determination Completed? - �Ir , .�� s r z IT 1 , Does DWR RO need a statement that no wetlandsistreams are disturbed Fi r;1 for this project from applicant? ;Buffer Dete`rmiiiation Neeuy,.+ ,a`k,Me' .�;u` .,+ IE Buffer Determination Completed? y. r t ❑t Recycle system_permitpexisting? wri f ' "G`t; r1 Permdc# e1 ;x .<,�qyt� s i.., r. . > .re`" r^ 4! mN .. P 9a- alj'lk.i� New Recycle System permit required?` n,• - r_. . Enough information to determine? — Non discher armn ex stfn ? oxcv a +4 'm r I effl s`' a ag +pe ., gr.t, .,.m.r.Ax�r. Pecmlt r.'Unknown. Will wastewaters discharge to HQW waters r,t G 17Q10 Permittee with a 7010=0? Flow: must determine. 4 . r >u '- j 7" h z 'v`eM, �R � OIHasaViolation� n.r'S -a , �r4+,k> r ., m .. a r` h r1 i O&M Requirements r y 111 y ` ¢ rt Hf]N%%7Q10 Concerns F x "� °rl;a�h ° >' r'i Pa$back fees or renew i 5 " Iiv Does DWR require DEMLR toehold the ? .yi r 1 .!+�"� � f. + ermit a ysii,',DWR can renew rt further ore DWR permit , a n No butdwould reo Jest j• $$r' l l Other � res more infor cursory review a"` , because DWR_regwmation)? '4--� r u f r } i '•?" i '�•� , 0easee descnbe the_reason,to t, ' y." 1.0 '' " + ihold the permdii _ +`% eRO contact AJ ^` ro. Hold Until ,t{° Mine must wait to dewater until an O&M plan is approved? — Rev September 2010 ,Print this form to PDF Return PDF of this form to DEMLR CO by emaff. cc DEMLR RO, DWR SAU. Send a copy to the permtttee. Reviewed by: DWR RO Surface Water: Ai Regional Office: MRO Date: 07-13-15 RO Aquifer Protection Section: Regional Office: Date: I Rev September 2010 s e An ®North Carolina Wildlife :Resources Commission Gordon Myers, Executive Director 0-CCLiCI V CU MEMORANDUM JUL 23 2015 T0: 'Brenda M. Harris, Mining Program Secretary LAND QUALITY Land Quality Section p . MINING PROGRAM FROM: Shari L. Bryant, Western Piedmont Coordinator Division of Habitat Conservation DATE: 22 July 2015 - � SUBJECT: Mining Permit Renewal for Imerys Mica Kings Mountain, Inc. —Permit No. 23-03, Cleveland County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC)have reviewed the subject permit application. Our comments are provided'in accordance with provisions ofihe Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-69 15 NCAC 5). The applicant is requesting a renewal of then permit for mining crushed mica, fcldspar,and clay. The total permitted area is 845.53 acres. The applicant indicates discharges include mine dewatering and/or stormwater. A minimum 50-foot undisturbed buffer will be maintained between land disturbing activities and natural waterways; no jurisdictional wetlands are present. The reclamation plan includes following the requirements and/or conditions of the State approved reclamation plans. In addition, the applicant is requesting the"USG property" be considered for closure and exclusion from the mine permit. The area has been reclaimed completely and there is established growth. Unnamed tributaries to Long Branch and Dixon Branch in the Broad River basin flow through the site. The U.S. Fish and Wildlife Service recently listed the Northern long-eared bat(Myofis sepfentrionafis)as threatened under the Endangered Species Act. no Northern long-eared bat may be present within or in the vicinity of the project site. Therefore,the project may impact this species and consultation with the U.S. Fish and Wildlife Service may be required. For more information, please see htto://www.fws.eov/midwesUendaneered/mammals/nlebAnterim4dRuleKevNLEB html or contact the U.S. Fish and Wildlife Service at(828) 259-3939 to ensure that any issues related to this species are addressed. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 0 22 July 2015 Imerys Mica Kings Mountain Permit No, 23-03 Should the permit be renewed, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. A minimum 100-foot undisturbed native, forested buffer should be maintained along perennial streams, and a minimum 50-foot undisturbed native, forested buffer should be maintained along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. In addition,these buffers will provide an adequate travel corridor for wildlife species. We request that sediment and erosion control structures be located outside of these buffers. 2. Water discharges from the site should be proportional to the size of the receiving stream so the hydrology of the stream is not altered, and all discharges should comply with NPDES permit requirements. In particular,turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic resources within and downstream of the site. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. , - 3. Consider using seed mixtures that are beneficial to wildlife(e.g., native warm season grasses) in the reclamation plan. An exact seeding mixture would need to take into account soil types, moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as ketlands where practicable. We refer the applicant to Danny Ray, District Wildlife Biologist at(828) 391-1161 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this permit application. If we can be of further assistance, please contact our office at(336)449-7625 or shari.bDLant@—ncArildlife.org. cc: Joel Ventura, Imerys Mica Kings Mountain, Inc. Allen Ratzlaff, USFWS e � Wehner, Judy From: Harris, Brenda M Sent: Wednesday, July 22, 2015 9:49 AM To: Wehner, Judy; Boyer, Janet Subject: FW: 23-03 Imerys Mica Kings Mountain, Cleveland Co. Attachments: 23-031merys Mica Kings Mt Mine_NCWRCpdf From: Bryant, Shari L. Sent: Wednesday, July 22, 2015 9:30 AM . To: Harris, Brenda M Cc: Ra[zlaff, Allen Subject: 23-03 Imerys Mica Kings Mountain, Cleveland Co. Brenda, Please find attached our comments on the subject mining permit renewal. Thanks. Shari L. Bryant NC Wildlife Resources Commission P.O. Box 129 Sedalia, INC 27342-0129 office: 336-449-7625 fax 336-449-7625 shari.brvantCcbncwili ife.oro www.ncwildlife.oro ® M ® M Email correspondence to and from Nis sender Is subject to the N n.Public Records Law and may be disclosed to third parries. 1 f Aft 19 North Carolina Wildlife Resources Commission 0 Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. I larris, Mining Program Secretary Land Quality Section FROM: Shari L. Bryant, Western Piedmont Coordinator Division of Habitat Conservation DATE: 22 July 2015 SUBJECT: Mining permit Renewal for hnerys Mica Kings Mountain, Inc. —Permit No. 23-03, Cleveland County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC)have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982)(G.S. 74-46 through 74-68 15 NCAC 5). The applicant is requesting a renewal of lheit permit for mining crushed mica, feldspar, and clay. The total permitted area is 845.53 acres. The applicant indicates discharges include mine dewatering and/or slormwater. A nninintutn 50-foot undisturbed buffer will be maintained between land disturbing activities and natural waterways; nojurisdictional wetlands are present. The reclamation plan includes following the requirements and/or conditions of the Slate approved reclamation plans. In addition, the applicant is requesting the"USG property"be considered for closure and exclusion from the mine permit. The area has beast reclaimed completely and there is established growth. Unnamed tributaries to Long Branch and Dixon Branch in the Broad River basin (low through the site. The U.S. Fish and Wildlife Service recently listed the Northern long-eared bat (M)ulis sepienrrionalis) as threatened under the Endangered Species Act. The Northern long-eared bat may be present within or in the vicinity of the project site. Therefore, the project may impact this species and consultation with the U.S. Fish and Wildlife Service maybe required. For more information, please sec htm:/hvww.Ovs.Cov/midwest/endaneered/mmiitntals/pleb/lnterinr4dRuleKeYN1,13B.litnil or contact the U.S. Fish and Wildlife Service at (828)258-3939 to ensure that any issues related to this species are addressed. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone. (919)707-0220 • Fax: (919) 707-0028 Ir Page 2 22 July 2015 Imerys Mica Kings Mountain Permit No. 23-03 Should the permit be renewed, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources. I. A minimum 100-foot undisturbed native, forested buffer should be maintained along perennial streams, and a minimum 50-foot undisturbed native, forested buffer should be maintained along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the Proiect area. In addition, these buffers will provide an adequate travel corridor for wildlife species. We request that sediment and erosion control structures be located outside of these buffers. 2. Water discharges from the site should be proportional to the size ofthe receiving stream so the hydrology of the stream is not altered, and all discharges should comply with NI'DES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic resotrrccs within and downstream of the site. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 3. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. An exact seeding mixture would need to take into account soil types, moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to Danny Ray, District Wildlife Biologist at(828)391-1 161 for additional information and ideas on reclamation for wildlife. "Thank you for the opportunity to comment on this permit application. If we can be of further assistance, please contact our office at(336)449-7625 or shari.brvant a,ncwildlife.org. cc: Joel Ventura, Imerys Mica Kings Mountain, Inc. Allen Ratzlaff, USFWS NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 22, 2015 MEMORANDUM I'O: Ms. Judy Wehner RECEIVED Land Quality Section JUL 2 2 2015 FROM: Michael Bauer LAND QUALITy ?anagernent Ground Water Section MINING ROGpA tliuicinn nf l�Trolrr Rr-enrirr-[mac `�M SUI3JECT: Comments on the Mining Pcrmit Application Request I-or: Imerys Mica Kings Mountain, Inc. Imerys Mica Kings Mountain, Inc. Cleveland Count)' Please find attached a copy ol'the mining permit renewal request for the above referenced project. The [merys Mica Kings Mountain, Inc. located in Cleveland County does appear to have an unduly adverse effect on ground water supplies since 186,000 gallons per day of dewatering is proposed onsite. The mine will need to register water withdrawals with the Division of Water Resources on an annual basis since the water withdrawals are over 100,000 gallons per day. The registration form may be obtained from the following link: http://www.ncwater.org/Permits_and_Registration/Water_W]thdrawal_and_-I'ransl'er_Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.2211. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day ol'ground water or surface water to register and update withdrawals. This statue also requires transfers of I00,000.gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. f you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him at johii.barr@ncdenr.gov. ncdenr.gov. Cc: .loci Ventura Imerys Mica Kings Mountain, Inc. P.O- Box 1668 J Kings Mountain, NC 28086 1501 Mail Service Center,Raleigh,North Carolina 27699-1601 Phone:919-707-86001 Internet:www.ncdenr,gcv An Equal Opportunity 1 Affirmative Action Employer-Made in part by recycled paper NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary July 7, 2015 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris P� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Imerys Mica Kings Mountain, Inc. Imerys Mica Kings Mountain Cleveland County Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by July 31, 2015 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up�a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact s. Judy Wehner at (919) 707-9220 if you have any questions. u \ /bmh JUL 4 8 2015 �l Attachments Division of Energy, Mineral, and Land Resources DW0111IONOF WaRES ES I�hh Energy Section •Geological Survey Section • Land Quality Section---------- Cc: Mr. Zahi q1LN%t Salisbury Street, Raleigh, North Carolina 27604-Internet: http:Nportal.ncdenr,org/web/lr! Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 I FAX: 919-715-8801 An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper • • Wehner, Judy From: Johnson, Alan Sent: Monday, July 13, 2015 3:01 PM ?o: Khan, Zahid;Wehner, Judy Subject: 23-03 DWR REVIEW SHEET 2013 Attachments: 23-03 DWR REVIEW SHEET 2013.doc Zahid, take a look at the maps. I have "marked up" those mention in the comment section. The Moss plant has/had issues with SW. Thanks t Pont this form to POF Return PDF of this room to DEMLR CO by email cc DEMLR RO, DWR SPU. Send a copy to the parmit(ee. MINING PAIT APPLICATION RAEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name Kings Mountain Minet DEMLR Permit # 23-03 County: Clevelandn Applicant's Email: dawn.whaley@imerys.com PERMIT ACTION TYPE: Renewal YES NO Date Commencing 7 ( 7 ( Have land disturbing activities started? Date? r( r ( >1973 Latitude: 35.1963 Longitude: -81.4069 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: July 31, 2015 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? yes Comments: Onsite streams were not marked on the provided maps. The topo maps provided should not be the final comment on streamslwetlands that may be located on site. The Moss Plant ponds are all on line with Dixon Branch (not outlined clearly on submitted maps). The plant had issues with 8.4 acre Plant Process Water (plant tailings) not 6einq discharqed to "Water Storage Area Due to either lack of O & M or outdatedlinsufficient equipment to do the lob. Unnecessary sedimentlerosion is being sent (along with other general erosion issues) to the 3.9 acre water storage (inactive plant tailing pond). This pond is "connected to the adjacent pond which Dixon Branch Sow into. It appears Dixon Branch in reality discharges through the Stormwater Outfall of the "inactive tailing pond". The Neisller Plant appears to have a large wetland from which a stream originates. Archdale Mine has a stream originating in the bottom SW corner or the mining project. Watershed/Stream Name & Classification: C DWR Compliance Status of Mine: NA Does this mine (or previous owner) have DWR back fees to pay? NA If yes, amount: Is this mine an active permit in BIMS? YES NO -401.Wetland,Cert Fregwred?'f 401 Wetland Cart. existing? r ( Permit#_ r (_ ao"samPmhpr en n Print this krm to PDF Return POF of this form to DEMUR GO by email. oa DEMLR RO, DWR SPU Send a copy to the pemiitlee, Does DWR RO.fiaverenoughtin atioh to r (_ rr— .determme;.ifa401;certification,is required n , Is an O & M Plan needed? YES NO Are wetlands disturbed at this'site? x4 I� .r Does DWR RO suspect or know of nearby F ! r ! wetlands to the site? — ' D . w Is a wetlantl,delrneation required pnor to � � � rlConsultant DWRt issuing the?permit? k (Onsite? ! (Offsite? e. w Stream Determination Needed? (✓ r f Stream Determ nationrcompleted? r r ,`.` ?• " ! s Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? - - 'Buffer Determinaa tion Neetledi Buffer Determination Completed? rf rr <Becycle.system permit existing? rlpermit # New Recycle System permit required?' f- ( F r Enough information to determine? INonharge:perniltexisting�-disc I° 'Unknown. Will wastewaters discharge to HOW waters r ! r(7010 Permittee with a 7010=0? Flow: must determine. tHas Violation - tO&M.Requirements S HQW/7Q70 Concerns , a D6es DWR requ'iie DEMLR 10 hold the , ~' 'r (Pay aback fees or renew * r - DWR pefmd .r�No but would request : permit(e.g. so DWR can'revietiv d furthevor r ( cursor b6t wo because DWR.requires more,information)? Other _ Pleasedescribe the reason to : .- hold:fnepermit ' w l + - " r rR0 contact (AJ+ r e _ ' - 'r .rr Hold`Until '� K r.m..e ... ..;f f„ Ae., si �r nsnn ..ice.. approved? RP„Fcnlamtc,omn Print this form to PDF Fatum PDF of this term to DEMUR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the perminee. Reviewed by: DWR RO Surface Water: AJ Regional Office: MRO Date: RO Aquifer Protection Section: Regional Office: Date: R=w.conmmePramn O � MINING CHECKLIST FOR ROUTING Applicant's Nam: n r tG - PrajeetName: Ba ✓L , Applic./Permit No: 03-6 3 County: Date Received: //J� 71 FS Reuietow. Ati River'BasinNmee: hfLR-x,d/ I � r ❑ Near JY Renewal ❑ Modification(inside permit boundaries) ❑ Modification(outdde permit boundaries) ❑ Transfer ,❑,/Release ❑ Partial Release ❑ Additional Information El Fee Needed:p .l[I Ftt Received:S /00[)oo Please mute entire apphca tpar6ge to dnnµCtr �, T 1 w1Pce`t rompiae wplm;morn dr`CQS Regiasel l'�f'm Mmiig Applimtim Review C6Nkt'wmewp 4*11d1aehL AthlDjt' �DWR• (ping Applimtivn Revimr Fwe" t6Awcopy;mdbmbcaptetwt6RT6W Engimcr) Date:Routed '?- 7- I Revd G 'I Division of Water Resources Date:Routed Reed NC Wildlife Resources Commission Date:Routed Rec d� ❑ US Fish b Wildlife Seance Date.Routed Redd S (Only new appliwtiwu mdmodtfimaov regwxs thm add lad w dw prmdt) a s. Please route first P- fi ;paResofthe application and anq location mops to: � ❑ Division of Parka&Recreation Date:Routed Redd 1 ❑ NC Geological Survey Section Date: Rated Reed M ❑ Division of Marine Fisheries Date:Routed Reed ❑ Division of Soil&Weaer Conservation (plus LEA) Date:Routed Reed (Odynewapphuamaandmadifimtmmmgw tpweadd Iwdwtkpmlt) ❑ Division of Archives&History Dee:Routed (Onlynew applicants) ❑ Other: ,f Date:Routed Reed **Suspense Date for Comments: 7 31 (no later than z5 days from receipt) ❑ Please note the following: 11-- 1 Q �rt YI6� yb 'Ok) 5 04-1 m � c � O .® M � N 6n L 0 C w AGA MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary July 7, 2015 MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources Commission Commission FROM. Brenda M. Harris Co Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Imerys Mica Kings Mountain, Inc. Imerys Mica Kings Mountain Cleveland County Please Flnd attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by July 31, 2015 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Zahid Khan Division of Energy, Mineral, and Land Resources Energy Section •Geological Survey Section • Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604• Internet hrW/portal ncdenr oralwebllrl Mailing Address: M12 Mail Service Center, Raleigh, North Carolina 27699-1612.919-7 07-9200 1 FAR, 919-715.8801 An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110%Post Consumer Paper �C®EM� North Carolina Department of Environment and Natural Resources Pat McCrory Donald R, van der Vaart Governor Secretary July 7, 2015 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources Vic— 1N FROM: Brenda M. Harris 11 Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Imerys Mica Kings Mountain, Inc. Imerys Mica Kings Mountain Cleveland County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by July 31, 2015 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS 10 in I a OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) -- 707=9220 if you-have any questions. - Ibmh Attachments Division of Energy, Mineral, and Land Resources h Energy Section •Geological Survey Section I Land Quality Section Cc: Mr. Zahi q1!Nnt}1 Salisbury Street, Raleigh, North Carolina 27604• Internet: http://Portal.ncden_r.org/web/Ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715.8801 An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 190%Post Consumer Paper 0 0 Permit Renewal Application Mining Permit #23-03 Imerys Mica Kings Mountain, Inc. 1 AAQ C Rntthnami inrl Axiom iA .&�v✓ ..0. V414LI VbI vaAI I%A I It r %- I I %A%- Kings Mountain, Cleveland County, 28086 7/6/15 Original Documents and Fee f Imerys Mica Kings Mountain ® Mine Permit Renewal - #23-03 July 6, 2015 Table of Contents A - General Information A.1 — Cover Letter (Note: Check for fee attached to original) A.2 — Application B — Index of Maps and Drawings B.1 — 7.5" Quad • B.2 — H1 Mine Site Plan and Closure Plan, includes Erosion Controls B.3 — Archdale Mine Site Plan, includes Erosion Controls B.4 — Archdale Mine Closure Plans #6-8 B.5 — Archdale Mine Closure Plans #9-10 B.6 — Moss/USG Mine Site Plan B.7 — Neilsers 112,3 Mine Site Plan, includes Wiley B.8 — Neislers 1,2,3 Mine Closure Plan B.9 — Hawks Mine Site and Closure Plan, includes Erosion Controls C — Erosion Control Plans C.1 — Erosion Control Calculations for Moss and Wiley C.2 - Erosion Control Plans for Moss and Wiley • tip IMERYS Imerys Mica Kings Mountain, Inc. In O. Box 1668 Kings Mountain, NO 28086 7/1/15 Ms.Janet Boyer,PE, State Mining Specialist Central Office j NO Department of Environment and Natural Resources Division of Land Resources, Land Quality Section,Mining Program 1612 Mail Service Center , Raleigh,North Carolina 27699-1612 919-707-9220 RE: Mining Permit Renewal Application Package for Permit#23-03 Dean Ms. Boyer: Imerys Mica Kings Mountain, Ine.(Imerys)is hereby submitting an application for a mine permit renewal for mining permit 423-03. Enclosed arc five 3-ring style binders that contain all ofihe information required as shard in the North Carolina Mining Permit Application revised February 24,2012. One binder contains the original documents and here are four binders that contain copies for your review. In addition,the original binder contains the check for the permit renewal fee of$1000.00. With the submittal of the permit renewal application and associated maps,drawings and documents,Imerys is requesting that mine permit 423-03 be renewed for a period often years. The continued operation will not invoke y..r.b. 7a_nial urN..ia c hsaed under O.S.74-1t ofL4c Act ^ .,,,,..,tralion of how the continued operation will not invoke any of the denial criteria can be Pound in the permit application and in the maps and drawings provided. Imerys is requesting one change to the current permit,related m mine closure, The mine area known as "USG property"has been completely reclaimed and there is established growth. Imerys is requestinE that this area be considered for closure and subsequent exclusion from the mine permit.There are no other expected changes in the operation of the mine and no additional land is planned to be added or affected by mining. If you have any questions or need further infomtation,please do not hesitate to contact Dawn Whaley, EHS and Project Manager, at 905-315-6136,or me at 450-655-2450 x.227. \��Reg`1fard (( s, 70EI Vey nW� - Operations Manager NORTH CAROLINA MINING PERMIT APPLICATION RECEIVED JUL 0 6 2015 LAND DUALITY MINING PROGRAM State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 ® Revised: February 24,2012 • s pIn F'.u.,uu�lJev e, • • Wehner, Judy From: Wehner, Judy Sent: Monday,July 06, 2015 2:28 PM To: Johnson, Alan Cc: Khan, Zahid Subject: 23-03 DWR REVIEW SHEET 2013 Attachments: 23-03 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of the Kings Mountain Mica Mine in Cleveland County. 1 Pint this form to PDF Return PDDF�Of this form to DEMLR CO by email. cc DEMLR RO, OWR SPU send a copy to the Permitlee MINING PERMIT APPLICATION RE*EW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name Kings Mountain Minet DEMLR Permit # 23-03 County: Clevelandn Applicant's Email: dawn.whaley@imerys.com PERMIT ACTION TYPE: Renewal YES NO Date Commencing r ( r ( Have land disturbing activities started? Date? rr r ( >1973 Latitude: 35.1963 Longitude: -81.4069 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: July 31, 2015 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality?_ Comments:_ Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 40T.Wetland-Cert. required?;'. . - ;r .�( R:i. ' ' 0-1 401 Wetland Cert. existing? r( Permit# rr DoesDWR'R0'baveenoug Fi;informattoni'to 'i, determine if a 401.ceArfication is required? is an v a I i Pian needed r YES NO Are wetlands'dtstdrbedat this`s+te7 ', r ( Does DWR RO suspect or know of nearby ( r— wetlands to the site? I'sIa wetlanddeltneationrequired`prrorta.1� r(UD ` ' ,DWR issmng the permlt? I '.; ` (Consultant r r r(Onsite7 Pau carna,iNh=ren+n Print this form 0 PDF Retum Poe of form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy he the permltlee. Stream Determination Needed? r f (- Stream Determination Completed? r f r (_ Does DWR RO need a statement that no wetlands/streams are disturbed r f f r_ for this project from applicant? Buffer Determination Needed? - BufferDeterminationCompleted? rf r( Recycle system Permit existing? r , �r(P,ermit New Recycle System permit required?* Enough information to determine? Non-discharge permitexisting? r- (Kermit# (Unknown. Will wastewaters discharge to HOW waters r(7Q10 Permittee with a7O10=0? rf— Flow:— must determine. ' Has Violation •- ;, r f 0&M-.Requvements r-( HQW17Q70 Concerns Does DWR regmre DEMLR to�hold the F- f payback feed or.reneW ; because gI.'DW s t - c DWR permit .r( :permit (e.g. so•pWR can•review it further�or . ❑ reguves more information). Ile I PleaseIdescribe.the:reason to _ I I I hold the permit, - r i, _ RO-contact _ r f Holtl Until nnine m_�t :^.,2d to deu,ater until an Q2AA plan is ( r approved? — Reviewed by: DWR RO Surface Water_ Regional Office: — Date: — RO Aquifer Protection Section: — Regional Office: — Dale: — ao„aomAmh,,,anin APPLICATION FOR A MINIPPERMIT S NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Imervs Mica Kings Mountain, Inc. County Cleveland River Basin Broad River Latitude (decimal degrees to four places) 350 11 ' 46.7" Longitude (decimal degrees to four places) 810 24' 24.8" i 2. Name of Applicant* Imcrys Mica Kings Mountain, Inc. 3. Permanent address for receipt of official mail** PO Box 1668 Kings Mountain, NC 28086 Telephone (704) 739-3616 Altemate No. (450) 655-2450 04. Mine Office Address 1469 S. Battleground Ave., Kings Mountain NC 28086 Telephone (704)739-3616 5. Minc Manager Joel Ventura We 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 because for permit revocation. / ***Signature Dale J yA2. 21`, Zv15 Print Name Brian Hanrahan 'title Vice President & General Manager * This will be the name that the mining permit will be issued to and the name that most be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any ®supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINiNRERMIT • NOTE: All of the following questions must be thoroughly answered regarding your mining operation for Sthe intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of tills acreage, how much is owned and ]low much is leased? Acres owned: Acres leased: Property owner if leased: ® If this is an application for RENEWAL of a mining pennit, indicate the mining penult number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 23-03 "Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 845.53 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit M nher nild the tnf-d (nvrrnlll nerPnoP rnvPrPrl hx,tiro Pyictino nPnnit ..�..... »...-. .. .., I.-........., _1_ .-.J ..... ...........1 11.,....... Mining Pennit No.: Total permitted acreage: Does the modification involve acreage within the previously approved pennitted boundary? Yes ❑ No FT If yes, indicate the acreage to be covered by this modification (this is the acreage .� � ri r•r rr r •,. r , that tie major monlncation fee will be uasea upon): Does the modification involve acreage outside the previously approved pennitted boundary? Yes ❑ No ❑. if yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the pennit,will any portion of this acreage be affected(i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the pennit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining pennit,indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Pen-nit No.: Total pennitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Mica, Feldspar, Clay - 3. Minini, method- ❑ Hydraulic Dredge ❑ Front-end Loader& Truck ® Shovel &Truck Dragline & Truck Self-loading Scraper Other (explain): 4. a. Expected maximum depth of mine(feet) Archdale mine—200', H 1 Mine— 100' e Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground Level, see maps for more details. b. Expected average depth of mine(feet) Archdale—60', H 1 —60' -2 - APPLICATION FOR A MININPPLRMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by Whom was this activity conducted? Imerys and previous site owners 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS 1. Clearly mark and label the location of your mining operation on six (6)copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5'1' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 lift n•//nnrtnI nrrlonr lhnma Comity highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation Geographic Information Systems (GIS) Mailing Address: Physical_Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 http:llww�v.ncdot.or r it/7is/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic Inaps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. VY Oialine and arrenne of nil ternnnrnry nnrl/nr nermannnt nvorhiirrlPn rlicnncal nrPae h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. • n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or]eased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3 - APPLICATION FOR A MININIOPERMIT p. Names of owners of record,both public and private,of all tracts of land that are adjoining;the minim ® permit boundary which lic directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track,or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining; these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: l. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale G. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMM'ED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) • -4- APPLICATION FOR A MINAPERMIT S ® A table/chart must be provided on the mine inap that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY All Existing Mines AFFECTED ACREAGE Tailings/Sediment Ponds 49.16 Stockpiles 28.1 f Wastepiles 63.9 Processint, Arca/Haul (toads 1 30.1 Mine Excavation 141.9 Other (Explain) 25.4 Total Disturbed Acreage 338.56 AFFECTED ACREAGE CATEGORY (Each Moss/US Neisler NI ine) G H 1 Hawks Tracts Archdale Total Tailings/Sediment Ponds 24.1 3.1 0.26 21.2 0.5 49.16 47Stockpiles 17.4 5.7 0.5 2.6 1.9 28.1 Overburden/Wastepiles 5.9 19 4. 1_ 223 19:1 63.9 Processing Area/Haul 8.0 6.3 2.4 5.4 8.0 30.1 Roads Mine Excavation 0 22.1 8.2 6.1 105.5 141.9 Other(Tail ings/Backfill) 0 0 2.0 19.2 4.2 25.4 55.4 49.7 17.46 76.8 139.2 338.56 Total Disturbed Acreage -5 - APPLICATION FOR A MININIPPERMIT • • NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT' IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED (?UESTIONS/STATEMENTS T/IROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. s • -6- APPLICATION FOR A M ININPPERMIT • C. PROTECTION OF NATURAL RESOURCES I. Describe in detail the sequenceofeventsforthe development and operation of the mine andreference the sequence to the mime map(s). Attach additional slicers as needed. Mining is conducted by excavation of the ore. Ore is loaded into haul trucks and placed into one of four stockpiles based on an in-field classification system. A loader blends the material by placing the desired types of ores into a dump truck,which takes the ore to the main plant(Moss), where it is crushed and processed. Overburden is hauled to the overburden stockpiles and reserved for future reclamation activities. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (irvclude specific plansfm-sediment and erosion conlrol for mine eacanation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of install ration and schedule for maintenance of the measures. Locale and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Existing erosion control measures are in place. They include: silt fencing, sediment settling basins, rock dams with underlying filter cloth, and seeding of inactive slopes where appropriate. Use of straw bales, and seed mats are also used to supplement the erosion control measures, if necessary. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water • handling? YcsX No[]. If yes,briefly describe all such processes including any chemicals to be used. Site processing operations occur on the Moss mill site in four separate processes: Prep/Spirals, Clay plant, Float plant, and Sand plant. The operation includes: Screening and washing of the ore after primary crushing occurs at the Prep plant. The first stage screens and washes away the clay, and this process water containing clay is routed to the Clay plant via piping. The clay is settled in a settling bowl, then sent to a tray dryer, where it is dried and stored in covered stockpiles.The clay is shipped to the customer via haul truck. Water in the settling bowl can be pumped to the process water ponds. (Typically during high precipitation events, since the settling bowl is open to rainwater). Atthe Prep plant,the washed ore material contains sand and mica after the clay is removed. It is conveyed to a rod mill where it is milled for sizing,then Scotto a spiral separation process,which scoarates the mica from the sand.The sand wash waters are sentto the float plant.The mica from this spiral separation process is sent to the dry process,where it is dried, sized, packaged and sent to the customer. The float plant receives the sand wash waters, which contain smaller mica particles.There,the plant uses polymers in a flotation process, which allows the lighter mica to float to the top. The float process also uses caustic soda for pH control to maintain alkalinity as a part of the process. The mica waters are collected and sent to a filter cloth separator to press out the mica from the water. The mica is then sent to the dry process, where it is dried, sized, packaged, and sent to the customer. The sand from this process is sent directly to sand stockpiles. The sand is then placed into a drying system, where is dried and sized. Smaller size is sent to the customer via rail car and bulk truck load. Larger size is retained onsite and loaded into either customer haul trucks or sold to the general public. All process waters are collected via an onsite ditch and pond system,which circulates the water through the plants in a closed loop system. No wastewaters are discharged from any process. -7 . APPLICATION FOR A MININIPPERMIT b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to • the waters of the State? Yes ❑ No X. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method OfstabiliZation) on your aline map(s). Discharges to wafters of the State aare fron, av�inn ��--+nr- nr frnm c+nrmurn tar nr n 1i1 .aau■ a,o t ri as a.a,a o v■ uaa. "a[aaa. are as vua ■aauaa, ua.r■uaa.■aaa�, v■ as wu owa au r■as ae.a, va as combination of both. A current NPDES permit is in place for this activity, #NCGOZ00089. -8- APPLICATION FOR A MININPIPERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes X No ❑. If yes,what impact, if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate �11 ,,,� ,t.,.,• 141< AIM r ni- ,.11 r:,, . , „If, , rl.- , / 1 41-0 ]; —;IA;— cnn In o fol— in gallons tier uay. ■av,vvv. 1' ,cc uu UA1,31ens Ivulro vii Jrnu r7iiiie iiwpp� l rrmt 416 wfilerri ✓vv j ui vj tree proposed excar,ation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. Any existing wells are located on the drawing. Records of pump operation are kept and mine dewatering is of groundwater is approximately 486,000 gallons per day from a combination of the Archdale and H1 sites (Archdale-144,000gpd and 1-I1 •-•42,000gp).The operations do not lie within a capacity use area Der NDENR Water Resources website.Sanitary water is sunnlied at Archdale. 1-I1,and Moss plant by private well. Drinking water is supplied via bottled water delivery service. d. if you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality pen-nit(s)(i.e.,non-discharge,NPDES,Stonnwater,etc.)from the Division of Water Quality, Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources ifthe operation lies in a capacity use area and withdraws more than 100,000 gallons per day. There is an existing NPDES General Stormwater permit for both mine dewatering and stormwater discharges. The permit 4 is NCG0200089. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X No ❑. If yes, indicate evidence that you have applied for or obtained an air quality pen-nit issued by the vi r.oion. vf Ail �uui,ty or .vi.ui gV vellll llg vvuy. A current air permit exists for all of the crushing and processing operations that occur at the Moss plant.The air permit number is 04078R.19. The mines are exempt from air permitting since no air permit required equipment is present at the mine sites. b. How will dust from stockpiles, haul roads, etc., be controlled? Dust is controlled with water on the haul roads. The ore has a high moisture content and dusting from the stockpiles is seldom observed. In dry or high windy conditions, stockpiles are watered when visible dusting is present. Dust from overburden is controlled by native vegetation. -9- APPLICATION FOR A MININIOPERMIT S 5. a. A buffer will be required between any mining activity and any mining pen-nit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance .:411"n 41,E 1�.,rf r wlial..r,.,. er' rl—n 1-on.r.rll�o t...n ra.�..n.zrl:.�a...�.n., N1 n:4n nn.rl:fin.�n xlntn v'viiuiu Li vucL� vviiuwui.v�,i�,yra%oiuvu�cunun vi uw..wvv,u�,1��i�uuib urvu ll�l..JIIV\.V1lUlUVIIJ. 1'IVII' that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the ,nine tnap(s). Please refer to mine maps for buffer zones. In all cases, a minimum of 25 feet is maintained. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine niap(s). Please refer to mine maps for buffer zones. In all cases, a minimum of 50 feet is • maintained between land disturbing activities and natural waterways. No jurisdictional wetlands are present. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining pen-nit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. Mining occurs from ground surface to the base of the mined section in loft x 10ft benches of weathered rock. This has historically been shown to be very stable in all areas of the mining operations under this permit. - 10- APPLICATION FOR A MINA PERMIT ® b. Provide a crass-section on the mine maps)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed' and the method of final stabilization. Please refer to the mine maps for these features. c. In excavation(s)of unconsolidated(non-rock)materials, specify the angle of all cut slopes Including specifications for benching and sloping. Crass-sections for all cut slopes must be provided on the lnine map(s). Mining in conducted in weathered rock at 10ftxlOft benches. Please refer to the mine maps. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the tingles of the cut slopes, widths of all safet}, benches and ,., ..<<.... c�o r..,.w.,, NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all shell structures on the urine naap if they are within 300 feet of any proposed excavation. The mine sites are protected by a combination of fences, signage, lockable gates, trees and similar vegetation, and berms. The buffer zones are maintained and excavation occurs within the leased permit boundaries of the property. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). Please refer to the mine maps for details.Barricades from high walls include fencing,signage, locked gates, berms, vegetative cover, and boulders. APPLICATION 1+OR A MINAPERM[T 9. Are acid producing minerals or soils present? Yes ❑ No X If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled'? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location of all visual screening on the urine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Borders of mature trees and vegetation are _present along mine boundaries. See mails for details. v b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No significantly adverse effects have occurred during the mine operations and no publically owned park, forest, or recreation area is located next to the mining operations 11. Will explosives be used? Yes ❑ No X. If yes, specify the types of explosivc(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied ,Irtu rurel' 1 to rile ., �a� .r.l,�,/�1 �, � �1, .., _4 ' rl;__i :f. � ,.lam �l> l .,.�� L„ oil, JLL G14aGiL[+{Jj LV "' I/r V�l Vs[G 4L L4.L l-4L vLL[LVlL4Jf VIL L//l. !!Line lli�Lp�Ll LLL LIi LILT-LL1 C. i[J LLpp%�V.lilIL LL[l. LLlJ IILILLI- IV l/LC. proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X No Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Aline equipment is fueled by mobile fuel truck that is not parked onsite.Chemicals associated with the flotation plant are stored inside the flotation building. Fuel tanks for work trucks is stored onsite in secondary containment and/or double walled tanks, and an SPCC plan is in effect. a - 1 2- ® o APPLICATION FOR A M.ININC PERMIT ®1). RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate N, .,,1 ..,., ,.. 1 .,, fh l� +— I— , "'A :., � 1.,;., ;.,., +1— 1., A 'Tl— „ —+ ;.� .�„ a� +],- 41 1 ,-,r LI a sequl.nice and ge-nel Ul I111.L11V-ds LV Ut, UJVU Ill It,%AClllllIII6 L1113 IMIU. ] 1113 I11L.13L III%, I11\,L11VU V1 reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine inap(S). In addition, design Information, including typical cross-sections, of any permanent channels to be constructed cis part of the reclamation plan and the location(s) ofall permanent channels inust be indicated on the reclamalion niap. Reclamation plans follow the requirements/conditions of the State approved Neisler and Archdale reclamation plans. Please refer to the reclamation plans for more details. 2. is in excavated or impounded body of water to be left as a part of the reclamation? Yes ❑ No ❑. If yes, illustrate the location of the body(s) of water on the reclamation inap and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must beat least 4 feet, measured from the normal low water table elevation,unless infonnation is provided to indicate that a more shallow water body will be productive and beneficial at this site. Permit#23-03 covers several different mining areas that are not co-located. Please refer to the reclamation plan for details. Any impounded bodies of water that may be left will meet the requirements of minimum water depth. Will the body(s) of water be stocked with fish? Yes ❑ No X. If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of pennanent barricade will be left. Acceptable pennanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation neap. Permanent barricades such as fencing,signage,large berms,locked gates,and boulders will be placed as required and as desip-ned by the reclamation plan. Some mines are on leased property and owners will be consulted on the choice of permanent barricade,but all barricades will meet the requirements of the State. 0 - 13 - APPLICATION FOR A MINRG PERMIT 0 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas mast be provided on the reclamation map. Refer to the mine maps for details. Earth moving equipment will be used for final sloping of the mine sites. Overburden piles, send, and clay fines will be used as backfill when required. No refuse, spoils or other mine wastes are present. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Stockpiles will be used as fill if needed.Onsite roadways will be graded and filled where necessary. All areas will be seeded as per the reclamation plan. Onsite buildings associated with the processing facilities will remain intact. Fluids, chemicals and general wastes, if present, will be removed and properly disposed of. b. Will any on-site roadways be left as part of the reclamation? Yes n No X lfyes, identify such roadways on the reclamation map and provide details on permanent road and ditch l� line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. tNote detmition,otxcruse in The ivlining Act of 19/1.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. No offsite generated waste is disposed of on the mine site. All wastes are disposed of properly in accordance with the NCDENR rules and regulations regarding wastes. No mining wastes are disposed of onsite. General trash is collected in large bins and the contracted waste disposal company removes the bins and takes them to approved, municipal landfills. Recyclable wastes are collected and approved recyclers take them to recycling centers. Hazardous wastes are very minimal,and an EPA approved hazardous waste company is contracted to handle,remove,and properly dispose of in the event of generation of hazardous waste. Records of all of the waste handling are kept in the main office at the Moss plant site. - 14- 4 APPLICATION FOR A MINING PERMIT 7. Describe your Ilan for revegetaiion or other surface treatment of the ziffected areas. This plan must include recommendations for year-round secding,including the time of seeding and the amount and type of seed, fertilizer, lime and MUICh per acre. The recommendations must include general seeding incf-1.1w irtinc 4nr1lnIII norm'nont Inrl fomnnrarvrovortotatinn RovorrofAfinn n filivinrrnnlvtroo III onfina.c .. .�..... .... .v. vva..fw....au..,,..a w.0 ay...fw..a.y .v.vb.....a..v+.. .� _ �ba...aa..v.• .....�.. b w..y ai.....f�.u..u..b. r� not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natllrall Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; (1. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; it C)thorc nc mnv ho nnnrnvort by flit- rlonnrtnlont LIME -'RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seedinp, Rates: MULCH -TYPE AND RATE OF APPLICATION (pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS —TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency Please see attached approved plan and documentation. - 15 - • COPY 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for vear-round seeding,including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing onlytree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives ofthe North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION(pounds/acre): j SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING ' SCHEDULE(pounds/acre): [NOTE: Include Legumes] .ii c__w See a4{'oe,hnrvh4. da4ed Fvgv 4 31r %ot0 MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS-TYPE (S)AND RATE IS) OF APPLICATION INCLUDING SEEDING SCHEDULE(pounds/acre,treeslacre, spacing of trees/shrubs, etc): Revegetation and/or reforestationrr plan approved by: Signature _ ,6Y- - Dale 5?// /Zo/O Print Name Mr. Ben Robinson Title District Conservationist Agency USDA,Natural Resources Conservation Service • O Unhand S eele t Department ar Agriculture 1 MRCS Natural Resources Conservation service aK Wallace Grote Road shelter NC 28150A213 August 31, 2010 Chuck Pakala Kings Mountain Minerals HI Site 1469 S. Battleground Ave. Kings Mountain, NC 28086 Subject: Re-vegetation Plan for mica mining site: Located in the Kings Mountain area of Cleveland County. From: Ben Robinson District Conservationist Following are selected vegetation recommended for stabilizing disturbed areas for this site: Dates February— March Common Bermuda(Seed— unhulled) at 10 lbs. per acre March I — April Hybrid or Common Bermudagrass sprigs—2' x 2' spacing March I —April 15 'Fall Fescue at 160 lbs. per acre Kobe Lespedeza(inoculated)at 10 lbs. per acre March 15 —June Sericea Lespedeza(scarified) (inoculated) at 40 lbs. per acre Weeping Lovegrass at 2 lbs. per acre Best for droughty sites April 15—June 30 Common Bermuda(seed—hul led) at 8 lbs. per acre April 15—August 15 Tall Fescue at 160 lbs. per acre Kobe Lespedeza(inoculated)at 10 lbs. per acre Weeping Lovegrass at 5 lbs. per acre August 15— March I 'fall Fescue at 160 lbs. per acre Rye at 20 lbs. per acre Crimson Clover (inoculated) at 10 lbs. per acre Note—Tall fescue is not well suited to droughty, sandy soils The Natural N Resources Conservation Senate M provides learship In a partnership effort to help Peaple t serve.maintain.and imprme an natural rewumes and envroninent. An Equal oppanunity Prodder and Employer • o Page—2- Prepare seedbed by incorporating lime and fertilizer to a depth of 3-4 inches(if hydroseeder is used lime and fertilizer may be applied with seed mixture). If slope prevents use of conventional equipment, scarify soil with chain harrow, hand tools, or other equipment. Where amendments can be incorporated, lime and fertilize according to soil test. In the absence of a soil test, apply per acre: I,000 lbs. 4-24-24 or equivalent 2 tons dolomitic limestone 2 tons small grain mulch (with Bermuda use 1 ton) Where amendments cannot be incorporated, lime and fertilize according to soil test. Indicate on the soil test information sheet that the lime and fertilizer will be applied by means of hydroseeding or cannot be incorporated. In the absence of soil test, apply per acre: 1,000 lbs. 4-24-24 or equivalent I ton dolomitic limestone 2 tons small grain mulch (with Bermuda use I ton) Anchor areas with mulch netting or emulsified asphalt where needed to hold mulch in place. For short term seeding,seed as follows: Late Winter—Spring Rye or oats at 3 bushels per acre Summer Browntop Millet or Sudangrass at 40 lbs. per acre Or Weeping Lovegrass at 5 lbs. per acre Late Summer to Early Rye at 3 bushels per acre Winter For short term seeding apply per acre: 500 lbs. 10-10-10 2 tons lime Mulch is optional but should be used when temporary seeding is during the summer or on droughty/sandy areas. Maintenance of permanent vegetation: Control weed competition by mowing or with herbicides. Follow NC Agricultural Chemicals Manual recommendations and adhere strictly to instructions on pesticide label. Irrigate newly seeded areas if water is available and rainfall is not adequate. The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve,maintain,and improve our natural resources and environment. An Equal Opportunity Provider and Employer s � Page—3- Inspect all areas for planting failures and make necessary repairs, replacements, and reseeding as soon as possible. Take soil samples every 2 years and follow lime and fertilizer recommendations. If not known apply fertilizer annually and lime as indicated based on the following: Pure stands of tall fescue: Apply 400 lbs. of 10-10-10 per acre August - September Apply 45 lbs. of nitrogen/ac. February—March (e.g.— 130 lbs. 34-0-0/ac.). Pure stands of Bermuda grass: Apply 400 lbs. of 10-10-10 per acre April 15 —May I. Apply 50 lbs. of nitrogen/ac. in July (e.g.— 150 lbs. 34-01-0/ac). Mixtures of lespedeza, clover, tall fescue and weeping lovegrass: Apply 400 lbs, per acre of 5-10-10 or equivalent February—March. For all vegetations apply lime at I —2 tons per acre lime every 3 -5 years. The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve,maintain,and improve our natural resources and environment. 4 An Equal Opportunity Provider and Employer APPLICATION FOR A MINTG PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The fol/mying bond ealcalatiml rrmksheet is to be used to establish an appropriate bond(based r(pon a range of$500 to $5,000 per affected acre)for each permitted urine .site based upon the acreage approved by the Depmtrnent!o be affected during the life ofthe mining permit. Please insert the approsimule acreage. for each asnectofUrerniningoperation that you intendto affect dining the life oflhis mininepermil(in addition, please helerl the appropriate reclamation cost/acre fin urclr category O-om the Schedule of Reclamation Costs provided wiNr this application form) OR you can defer to the DennrIment to calculate your bond for von baser! upon vow maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Waslepiles: Ac. X $ /Ac. _ $ Processing ArcaJHaul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. O (TOTAL PERMITTED AC.: Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: nl.d.ln Poo Tn'rAl . A V V V VTvn AV �M.m Lrtn n,n fnlln...6nr, t...n rnfrmmnocr nt nfFintod o ore flint Arnln infn ...I..... ..... . .. .1... . .. . ...-. .... ...,. ...,,.._ ....1 ..._ ..,.........e ...., _..._e...._... .y ....__._.. ..pr_, ..._- ...... proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATIONCOST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Tnfnl Rnnlmm�finn Rnnd !`nca C (round down to the nearest $100.00) - 16- APPLICATION FOR A MAG PERMIT F. NOTIFICATION OF ADJOINING LANDOWNER NIA for Permit renewal. The"Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, retlll'll receipt rf q tested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine naap(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream, river, or other watercourse,railroad track,or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. O A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). Thr "A ffirl w;t of Nn6firafinn" attarhorl to this annliratinn mwzf h,-rmmnlrtorl nntariznrl ,inil eiihtnittFrl to thF Department, with the remainder of the completed application form, before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bI). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" NIA for Permit Renewal. _ tiff_ APPLICATION FOR A MINIM; PERMIT G. LAND ENTRY AGREEMENT g We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as ratty be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56, We 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 maybe reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: t Signature: Signature:* Print Namc: Patricia N . Plonk-Pres . Print Name: Brian Hanrahan (Title, if applicable) Company Neisler Brothers , Inc . Title: Vice President and General Maroner,NA Performance Additives. (If applicable) •Address- P .O. Box 99 Company: Imerys Mica Kings Mountain, Inc. Kings Mountain , NC 28086 Minc Name: Im�tery''s••Mica Kinns Mountain, Inc. Telephone: ( 704) 739-3286 Telephone: (qo W 4?J 'O 2-53 Date Signed: 6-29-15 Date Signed: 7Ltt' c ZSf Zc lS *Signature must be the same as the individual who signed Page I of this application. One original and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps, and the appropriate processing fee(see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application -form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. - 20. • EROSION & SEDIMENT CONTROL CALCULATIONS IMERYS GBIRRAb Prepared for: IMERYS MICA KINGS MOUNTAIN, INC 1469 S. Battleground Avenue Kings Mountain, NC 28086 Prepared by: CP Engineering and Environmental Solutions 10017 Myson Park Drive Charlotte, NC 28277 • Original Date: June 18, 2015 ay��ag4MN6�p•"��i i f Precipitation Frequency Data Server ® Page I of 4 O NQAA AUa'a is 'volume 2,Veroiona Location name:Shelby,North Carolina, US' �'. Latitude: 35.266P,Longitude;41.5500- 4 f • Elevation:801 ft' uip:(ycgle Mnpa `4 . POINT PRECIPITATION FREQUENCY ESTIMATES GM.Own,,n.MMin,S Lin,T P aybA,M Wit,,aM n.mW NOM Nnbw NMMr S"m,sere,song,Ma-NM PF tabular I PF graphical l Maps 8 aetlalfl PF tabular PDS-based point precipitation frequency estimates with 90% confidence intervals (in inches/hour)' DumtiOn Average recurrence Interval tymm i 1 2 s 10 2s s0 ta0 zoo s0o 1000 5-min A00 S.6B 6.68 ].46 8.44 9.16 9.88 10.6 11.5 12.3 (AJ9-5.36) 15.20.6D (6.10-0.JJ BJe-B]6 i.62-9.391 (933-10% (B.B4-10.8) .H-11.6 (141-12]) (10]-19.5 10-as n 383 4.54 5.36 S. 6.]2 ].29 i 05 8.d0 8.11 985 (3,504W) 415-49i (469-50]1 5.42-89) IBm-0.95) (855-0.9n (]09-858) (]4fi-9301 (0.02-10% (041-10.8 i6min l.M ) 3.80 0.53 5.04 5.68 6]5 6.61 T.O] ].64 8.0 (291-3.W 3.48-4,1^ _!T4.93 45e-S.W E;}62i' '6.53-DY3 5.92-],2s e28-T.i4 (B 33-B.d0) p.044.90 30-Min 2.19 2.53 3.21 3.65 4.21 4.63 5.06 6.W 6.08 654 120D-240) (240-2.aB) 292-3.51 .St-0.BBJ (9,W-4.W1 (4,1]-5A]) (4.51-5.54 (488-fi.02) (5.35-B.BB 19.i0-]31 60nrIIn 1']] 1.65 3.08 2.30 280 3.14 3.49 3.90 4.36 4.]] (i R5-1Sg IISI-1,B1) I1B]-225) (2.ta-28% R.5910a (ZAL343) (9.12-1921 I3.43-4.ZZ) (3M-4.i9) P.19-5.26) 2dr O.798 0.966 1.21 1.41 1.68 1.91 344 2.40 2.T6 3.06 (0]3i-O.fi]iJ (4a00-i W) (1.11-t(V) IZB-1.Sq (13J-1.8]) (113-2.00) 3-hr ages; 0.885 0883 1A1 122 1.39 i60 l.]B 2.OB 2.34 as19-0.92s1 D.ve-g,r p.]9D-a.9W (D91]-1.11) (1,10-1.34) p]5-1.51) tqt-1]3) (v56-lei) (1ffi-29p) 2o2-z s9) 8-hr 0.M9 0.420 OSP 0.615 ® . o 006.595B01a]. 10. 1..29 1.0 IB]d611RZ50.0M %-0 a 6)OJ31-0993) 1098]-0.481 a0 M(O.W-0 112-1/1 p35-1S 9 0.210 0.25 OS60 3 0.]e1 p.BBD 33012-hr (0193-03]% 0 4400-049% 8 01(0.)5$-0.98 0 L hr 0.12 One 0.485137) % W ( 249-0,28 0435-OM1 O5 U ]8 02YY 0.222 00.075 0.091 O0211 ]-01d2 0145-0. % 418 -019 2-0yOR 009d-O.ro9 -0.12 123 (0102-0214) (0202-0238 (D229209) (02MO301 May, OA64 0.000 0.080 0.083 Od09 0423 O.tll 0.152 OaT2 Mae (0050-0057) 0060-0069) D.0]4-0.W6 (0.008-003% 6101-0.11 0.114-0.132 0.126-O.ta]) O.iJ9-0.1W 0.151-0.iBS 0.1]i-0203 4-day 0.0 O.0fi1 0.00] 0.0]2 0.085 0.088 0.106 0.11] 0.1]2 0.143 0.040.0046 gA10-00551 (Dp59-006]1 00s]-0.0I9) (0.0]8-0091) 10.�9-p1@ 0099-0.114 (0.1W-01 z51 (o 121-o t41 (0131-bim T-0ey 0.038 O.pN 0.061 0.00> 0.056 0.061 0.0.. 0.0]5 OOBd 0.091 10.028-003010D92-0.03% (0.0]8-0046 pO4 Oros% 10.051-0(058 O, 9O.WS (O.gba-ao S) (O C69-0OM D0]i-0.(M) (DEM-409 18-tlay 0.032 o.02T 0.033 0.036 0.042 0.048 O.OSt 0.050 0.062 0.06] (0021-0034) 0025-002% D.W0.4034 (0034-0.0391 (0.039-D045) DOK-O,m91 (O.dO-DDSQ (o,o53-0,05'i) o.OSi-O.W% (4062-O.Wn R0-0 . 0.015 0.010 0.021 0.023 1.02]0 D -0 0.032 DD35 0038 041 (0014-0018) (ODt]-0.m9) (00m-00222-DA25ILOO -n28) (DaAM N33-DN]) (maxi-009) IDo36-OO N) 30ay day 0.012 O.p14 0.017 0.018 0.021 0.033 0.025 05026 OA29 0.09t 0.012-0013 (0014-4015 DO16-n01 0018-0.019 (00N)-0022) 0.022-0@9 05-002n (D0Z]-O m0) (0029-003Z 65�tlay Data 0.Dt2 0014 0.015 0.01] 0.018 1.111 1021 0.022 0.033 omo-Don 0.011-0.013 (O.m3-o.014J o.D14-0.p16 D,018-0.01 (DAt]-0.01 Data-OA20 OA1B-0031 .0"et-0.023 .022-0.02 6o.aay OoOs o.0n oa12 DAu Dols 0.01s o.OT] 0.019 Dme O.aM (oWe-am% la D10-D.mn (Dms-Dot3) (oola-o.o1q (o.01a-o 01s1 (o D1s-D.01% (0.01 s-Om] M07-0.0va Dole-ooz% (0 o1e-D0z11 PrwipiUlM 1lpuency IPF1 esllmalas N Nlste0la aro Eaaetl on 9equmcyanaysla N paBal tlurellbn aMae(PoS). NurrEers M exmnlheeh aro PF eatlmelea_^..�:_=um r bwnOs orals 9M6 N:rifKrra Planar.The pmbeNliry mai prciprtetion irequmryeNimnka(ter e en EuragainaM Mistake ohnum eidAerillbe9realaNanthe My asthlarlessarra tyaIM PMPvalis SM.EalM1nalea at uppo-WUMa am not skei against VkAtlas madmum u edpaMlm IPMP)eelimalee M4 may Ce N9hx Wn wnenlly verb PMP values. lama rter b NOMAIIea 16tloamenl for mue inbrmetbn. Back to Too PF graphical • http://dipper.nws.noaa,gov/hdse/pfds/pfds_printpage.html?lat=3 5.2667&Ion=-81.5 500&da... 5/18/2015 O Skimmer Basins 0 0 Selection of Sediment Control Measure SK=� '" ; 6-47 Tatal Drainage Area r'. User entry DONotU' S96 . Temporary Sediment Trap ;6-' Calculated Value Okay Skimmer Sediment Basin Okay Temporary Sediment Basin 1299M6 Disturbed Area (Acres) FW46IN/HR 19.99 Peak Flow from 10-year Storm (cfs) C Updated to comply with NPDES Permit Conditions TGH and BRB 07/03/2012 i 0 Skimmer Basin SK-1 67 Disturbed Area (Acres) 1.9,90 Peak Flow from 10-year Storm (cfs) rM ,12060 Required Volume ft3 (I.6i�M498 Required Surface Area ftx c S yi.R; g KT 57n0 Suggested Width ft Suggested Length ft 57 Trial Top Width at Spillway Invert ft 11'4 Trial Top Length at Spillway Invert ft 2 Trial Side Slope Ratio ZA T riai Depth ft (2 to 3.5 feet above grade) 33 Bottom Width ft 1.00 Bottom Length ft 4300 Bottom Area ftz 1.8782 Actual Volume f#3 Okay ,, 6498 Actual Surface Area ft 0ka "8 Trial Weir Length ft q1. Trial Depth of Flow ft Spillway Capacity cfs ��� Skimmer Size (inches) fi_..t ._7 Skimmer Size Head.on Skimmer If etl e-v inCi_icS ,i3 2 Orifice Size (1I4 inch increments) 1 Dewatering Time(days) 2 Suggest about 3 days 2.5 3 v �. t8 � Riprap Aprons • RIP RAP APRON Project Name: IMERYS MINE Project Number: DQ13.400.000 APRON: A•1 SB-1 DISCHARGE= 19.99 CFS PIPE DIAMETER= 4 inches d50= 6 inches Figure 8.06a NCDENR Design manual LENGTH = 8 feet Figure 8.06a NCDENR Design manual WIDTH = 8 feet dMAX dSO' 1.5 9 inches THICKNESS =dMAX ' 1.5 13.5 inches s IMERYS KINGS MOUNTAIN MICA, INC. OVERVIEW � 2i F zy M1 AW i IAN y i 30FDdt wry au<P ••Y •' XFm9 mBuly mFT PEPVR 5UFFER it FERV79 NOPT' Wf FEP M' -16Fx4F1Mx \__ ��t O fPM1 B6Y,Mav 444 p ✓x \ d' ec Dann�woxa nroaoaPeFnr Da vwu oFas_a'uxwer asvEiwo cvavcucFis x � !A V 1. •ryMrlmm � yf �f WI 0 0.3 Ob 1.2 1.8 2.4 - . - Miles '"