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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 NCniN GI1WNa oea.n�immwnm.�mimmm 919.707.9200