HomeMy WebLinkAbout20200401_New_42-17 STATE
ROYCOOPER � 4,: >
Governor
MICHAEL S.REGAN
Secretary `tGwwivrt°'
BRIAN WRENN NORTH CAROLINA
Acting Director Environmental Quality
March 31, 2020
Certified Mail
Return Receipt Requested
7014 0510 0000 4173 2605
Mr. Stuart Leinenbach
12472 St. Johns Church Road
Stony Creek, VA 23882
RE: Aurelian Springs Mine, Mining Permit No. 42-17
Iluka Resources (NC)LLC
Halifax County
Tar-Pamlico River Basin
Dear Mr. Leinenbach,
The application for a mining permit for the above referenced mine site has been found to meet the
requirements of GS 74-51 of The Mining Act of 1971. As we have received the required security
to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 42-17 were based primarily upon information supplied in
the application with conditions added as necessary to insure compliance with The Mining Act of
1971. GS 74-65 states that the issuance of a mining permit does not supersede or otherwise affect
or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated
city or county or by any agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 3772 acres and the amount of land you are
approved to disturb is 705.54 acres.
Please review the permit and contact me at (919) 707-9228 of any objection or questions
concerning the terms of the permit.
Sincerely,
�. David Miller,PE
State Mining Engineer
Enclosures
cc: Mr. Bill Denton, PE, Raleigh Regional Engineer
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612Mail Service Center I Raleigh,North Carolina 27699-1612
tow\ 919.707.9200
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES
PERMIT
For the operation of a mining activity
In accordance with the provisions of GS 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:
Iluka Resources(NC) LLC
Aurelian Springs Mine
Halifax County -Permit No. 42-17
for the operation of a
Mineral Sand 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 3
I. OPERATING CONDITIONS:
1. 'Wastewater and Quarry Dewatering GS 74-51(d)(32
A. Any wastewater processing or mine dewatering shall be in accordance with the
permitting requirements and rules promulgated by the NC Environmental Management
Commission.
B. Any stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Stormwater Program to secure any necessary stormwater permits or other approval
documents.
2. Air Quality and Dust Control GS 74-51(d)(3):
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the NC Environmental Management
Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall be
utilized to prevent dust from leaving the permitted area.
3. Buffer Zones GS 74-51(d)(2) & (3):
A. Sufficient undisturbed buffer as indicated on the mine map dated May 27,2015,February
11, 2019, July 15, 2019, August 23, 2019, and last revised November 11, 2019 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.
B. Any mining activity affecting waters of the State,water of the U. S.,or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the
NC Environmental Management Commission.
4. Erosion and Sediment Control GS 74-63, 74-51(d)(6), & 74-51(d)(1-7):
A. The operator shall notify the Raleigh Regional Office, Division of Energy, Mineral, and
Land Resources, at least 48 hours prior to beginning any of the initial land disturbing
activities indicated in the approved application for a mining permit and any modifications
to this permit thereafter.
B. 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.
C. Mining activities, including the installation and maintenance of the approved sediment
basins and associated diversion channels, shall be conducted as indicated on the mine
map dated May 27, 2015, February 11, 2019, July 15, 2019, August 23, 2019, and last
revised November 11, 2019.
5. Groundwater Protection GS 74-51(d)(3):
Page 5
Existing vegetation or vegetated earthen berms shall be maintained between the mine and
public thoroughfares whenever practical to screen the operation from the public.
10. Buffer Between Mining Permit Boundaries and/or Right-of-ways GS 74-51(d)(4):
Sufficient buffer(minimum 25 foot undisturbed) shall be maintained between any excavation
and any mining permit boundary or right-of-way to protect adjacent property.
11. High Wall Barrier GS 74-51(d)(4):
A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the
perimeter of any highwall.
12. Refuse Disposal GS 74-51(d)(7), GS 74-49(14):
A. No on-site disposal of refuse or other solid waste that is generated outside of the mining
permit area shall be allowed within the boundaries of the mining permit area unless
authorization to conduct said disposal has first been obtained from both the Division of
Waste Management and the Division of Energy, Mineral, and Land Resources,
Department of Environmental Quality. The method of disposal shall be consistent with
the approved reclamation plan.
B. Mining refuse defined by GS 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 GS 74-49(14) of The 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 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
Page 7
E. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide reclamation simultaneous with
mining operations and in any event, provide reclamation at the earliest practicable time
after completion or termination of mining on any segment of the permit area.
Reclamation activities *shall be completed within two years after completion or
termination of mining.
2. Reclamation Conditions GS 74-53:
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 planned future
use are as follows:
i. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.
ii. Any settling ponds or sediment basins shall be backfilled and stabilized.
iii. processing, stockpile, and other disturbed areas neighboring the mine excavation
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 11A through D.
vi. The affected land shall be graded to prevent the collection of noxious or foul water.
C. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the
Revegetation Plan approved by W. Lee Daniels, Professor, Soil Environment Science,
Virginia Tech on June 12,2014, or the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15-April 1 Bahaigrass 50
Redtop 1
Partridge Pea 12
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
Centipede 10
August 1-October 25 Centipede 10
German millet 40
Partridge Pea 12
Page 8
October 25- February 15 Annual Rye(grain-temporary) 120
Partridge Pea 20
Soil Amendments
Lime- 4000 lbs/acre or follow recommendations from a soil test.
Fertilizer- Summer - 1000 lbs/acre 8-8-8 or 10-10-10, or follow
recommendations from a soil test.
Fall, Winter and Spring—400 lbs/acre 8-8-8 or 10-10-10 or follow
recommendations from a soil test.
Mulch- All seeded areas shall be mulched using small grain straw at a rate
of 2000 lbs/acre and anchored appropriately.
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 NC
Wildlife Resources Commission to enhance post-project wildlife habitat at the site.
3. Reclamation Plan GS 74-53:
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.
Permit issued this 1 st day of April 2020.
By:
Brian Wrenn, Acting Director
Division of Energy,Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality
srnre�;
ROY COOPER p
Governor
MICHAEL S.REGAN ,t* �7
Secretary
BRIAN WRENN NORTH CAROLINA
Acting Director Environmental Quality
NOTICE OF ISSUANCE OF MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner in the
application for this mining permit filed by Iluka Resources (NC) LLC to conduct mining
activities near Aurelian Springs in Halifax Counties. The mining permit (no. 42-17) was issued
on March 31, 2020.
North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the
decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant
to GS 150B-23 of the Administrative Procedure Act(APA).
If you believe that you are an aggrieved party within the meaning of the APA and NC General
Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings
within thirty (30) days of the mailing of this notice to you.
If you file a contested case petition,it must be in writing and in the form prescribed by NC General
Statutes 150B-23. File the original petition and one copy with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh,NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of Administrative
Hearings by telephoning (919) 431-3000.
You must serve the Department of Environmental Quality by mailing a copy of the petition to
Mr. Bill Lane, Registered Agent and General Counsel, Department of Environmental Quality,
1601 Mail Service Center, Raleigh, NC 27699-1601.
B 'an Wrenn
Acting Director
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental
Quality
This notice was mailed on ^f/ �SjI "10 aD
I
Brenda Harris
Mining Program Administrative Assistant
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 2 76 9 9-1 612
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