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HomeMy WebLinkAbout20230215_Draft_44-08 lit ROY COOPER Governer ELIZABETH S. BISER Secretaq DOUGLAS R.ANSEL NORTH CAROLINA Inlerinr Director Environmental Quality February 15,2023 Certified Mail Return Receipt Re guested 7019 1120 0001 4914 3382 7019 1120 0001 4914 3399 Mr. William Barton Campbell Ms. Regina Pace Hunter 121 Ole Campbell Estate 192 Pilot Knob Rd. Maggie Valley,NC 28751 Glenville,NC 28736 RE: Barts Place- Mining Permit No. DRAFT Haywood County— French Broad River Basin Dear Mr.Campbell & Ms. Hunter: Your application for a mining permit for the above referenced mine site has been approved but the permit shall not be issued until the Department has received the required bond or security pursuant to N.C.G.S. §74-51(h). Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is$100,300.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., William Barton Campbell & Regina Pace Hunter. In addition to one of these alternatives you may, upon request,substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet and contact this office should you have any objections or questions concerning the permit conditions. N.C.G.S. §74-51 provides that the operator has sixty (60)days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. N.C.G.S. §74-65 states that the issuance of mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. Please contact Adam Parr, PE, Assistant State Mining Engineer,at(919) 707-9220 if you have any questions. Sinc , David Miller, PE State Mining Engineer DM/ap Enclosures cc: Ms. Shawna Riddle D North Carolina Department of Environmental Quality ; Division of Energy,Mineral and Land Resources _ 512 North Salisbury Street : 1612 Mail Service Center Raleigh,North Carolina 27699.1612 '^ �r 919,707.9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions ofN.C.G.S. §74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 05B, and other applicable laws, rules, and regulations Permission is hereby granted to: William Barton Campbell & Regina Pace Hunter Barts Place Mine Haywood County- Permit No. DRAT T for the operation of a Flagstone Mine Which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 5 B. Mining refuse as defined by N.C.G.S. §74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §7449(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. drill steel. 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: i. the approximate boundaries and size of the refuse disposal area. ii. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table; and, V. verification that a permanent vegetative groundcover will be established. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §74-55. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation,or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. VI. Bonding. N.C.G.S. §74-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $*.00 *bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. Page d VII. Archaeological Resources. N.C.G.S. , 7 1. Minimum Requirements. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act,"should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist,North Carolina Division of Archives and History. VIII. Approved Reclamation Plan. N.C.G.S. V4-53. The Mining Pen-nit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee,which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices, and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious, or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation PIan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and satisfactorily revegetate any disturbed areas. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All excavated areas shall be graded to mimic preexisting natural grade. ii. Any settling ponds or sediment basins shall be backfiIled and stabilized. Page 7 iii. Any areas used for waste piles,screening,stockpiling,or other processing shall be leveled and smoothed. iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before revegetation. V. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 111.1 LA through III.I 1.D. vi. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reveaetation Plan. After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan included in the application received by the Department on December 30,2022. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem,and gamma grass. In addition,the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52. This permit is hereby issued to * this *th day of*,2023 pursuant to N.C.G.S. §74-51. By-. Douglas R. Ansel Interim Director Division of Energy, Mineral,and land Resources By Authority of the Secretary Of the Department of Environmental Quality E.DETERMINATION OF AFFECTED ACREAGE AND BOND 44-08-Barts Place The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5.000 per affected acre) far each permitted mine site based upon The acreage approved by the Departnlew to be affected during the life of the mining permit. ('lease 'r.s r Lim approximate acreage.&r each asnecl of Lim ntinit =ration.(1al M intend(a pff=durine&fj&Oj l(111 mytir pLrilti (in addilirrn.please Lnycri(lam annrnnriate reclamation cost:acre&r mul caleenn-jro-ill Lim Schedule of'Reclamodorr Cnsts pm+ided ugh&'_c gpplrcatianform) JR,m can defer to the VEWr(na;nt to calculate tour bond rar-t»u based yMqn ivur mans and.standard reclamation costs: AFFECTED CATEGORY ACREAGE RECLAMATION COSTIACRE RECI AMATION COST Tmhngs/Sediment Elands X $ 1.500 'Ac $ - Stockpiles 0.43 Ac. X $ 1,800 +Ac $ 77400 Wastepiles 0.00 Ac. X $ 2,000 'Ac $ - ProccssingAreallfaul Roads 3.65 Ac. X $ 1,800 1Ac $ 6,57000 Mine Excavation 34.61 Ac. X $ 2,000 1Ac S 69.220 00 Other(berm) 0.00Ac. X $ 1.500;Ac $ - TOTAL AFFECTED AC.: 38.69 Ac. TOTAL PERAI ITTED AC.: 67.79 Ac. Tempgraa&Permanent Sedimentation&Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposedlexisting excavation andlor b) affected acres that will be graded for positive drainage where measures will be needed to prevent offshe sedimentation and sedimentation to onsite watercourses and wetlands. a)Internal Drainage 38.26 Ac. b)Positive Drainage 0.43 Ac. X $ 1,50000 = $ 645.00 SU13'rOTAL COST: S 77,209.00 Inflation Factor 0.02 X SUBTOTAL COST: $ 1.544 18 X Permit Life Provided by Applicant(Life of the Mining Operation or Life of Lease from Public Entity(in Years)): 15 INFLATION COST: $ 23.162.70 SUBTOTAL COST+INFLATION COST: S 100,371.70 Total Reclamation Bond Cost: S I00,300.00 (round down to the nearest S1100.00) (NOTE: The reclamation bond cannot exceed SI million per GS 74-54)