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HomeMy WebLinkAbout20231120_ApplicationNORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 NOTE: It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE - APPLICATION MEETING to discuss your intentions and address any questions. 1. Name of Mine Kings Mountain Mine -West County Cleveland River Basin Broad Latitude (decimal degrees to four places) 35.2111 N Longitude (decimal degrees to four places) 81.3397W 2. Name of Applicant Albemarle U.S., Inc. Applicant Contact John Kuhn Consultant Contact Steve Adams Applicant Email John.Kuhn@albemarle.com Consultant Email steve.adams@swca.com Telephone Telephone Cell Phone 704.231.4208 Cell Phone 352.818.8995 3 Permanent Address for Receipt of Official Mail** 348 Holiday Inn Drive Kings Mountain, NC 28086 4. Mine Office Address 348 Holiday Inn Drive Kings Mountain, NC 28086 5. Mine Manager Jose Fernando Rodriguez Mine Manager Email Fernando.Rodriguez@albemarle.com Telephone Cell Phone 575.313.1487 I certify that all details contained in this permit application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature' Print Name Title Jose Fernando Rodriguez Site Director Date *This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. **The Division of Energy, Mineral, and Land Resources 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. Revised September 21, 2021 P a g e I 1 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 NOTE: All the following questions must be thoroughly answered regarding your mining operation for the 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 the following that apply: ❑X a 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 the new permit fee will be based upon.) Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: This is an application for a MODIFICATION to a mining permit. Mining Permit Number: 23-34 Total permitted acreage: 157.40 Does the modification involve acreage within the previously approved permitted boundary? YES F-1NO If yes, indicate the acreage to be covered by this modification 72.02 Does the modification involve acreage outside the previously approved permitted 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 the acreage to be added to the permit, will any portion be affected (i.e.: disturbed, ground cover removed) by the mining operation? � YES NO If yes, indicate the acreage to be affected within the acreage to be added to the permit The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. This is an application for TRANSFER of a mining permit. Mining Permit Number: Total permitted acreage: Revised September 21, 2021 P a y e 12 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, NC 27699-1612 (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, permit modification, or transferred permit is required as follows: APPLICATION TYPE 0 — 25 ACRES 26+ ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit. Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: No additional materials other than previosuly approved tailings sand removal. See Attachment A. 3. Mining Method: ❑ Hydraulic Dredge ❑ Dragline & Truck ❑ Other (please explain): 4. 5. 6. ❑X Front-end Loader & Truck ❑ Self -loading Scraper Expected maximum depth of mine (feet) 10 Shovel & Truck Excavator& Truck Depth is relative to what benchmark? (e.g., natural ground level, mean seal level, road elevation, etc.) Natural ground level Expected average depth of mine (feet) 0 Has AaDy area at this site been mined in the past? YESIAI NO If yes, when and by whom was this activity conducted? Foote Mineral Company Estimated life of the operation (years): 10 NOTE: The Department may request clarification on how life of mine was calculated. Revised September 21, 2021 P a g e 13 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 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 512 N. Salisbury St., 5th Floor Raleigh, NC 27699-1612 Raleigh, NC 27604 Http://Portal.ncdenr.org/web/Ir/geological home (919) 733-2423 County highway maps may be obtained from the N.C. Department of Transportation: Mailing Address NCDOT GIS Unit 1587 Mail Service Center Raleigh, NC 27699-1587 http://www.ncdot.rq/it/gis Physical Address NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, NC 27610 (919)212-6000 2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, waste piles, processing areas/haul roads, mine excavations 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: AFFECTED ACREAGE TABLE: For new permits, complete only the total affected acreage column. For modifications, complete all columns. CATEGORY CURRENT AFFECTED ACREAGE PROPOSED CHANGE TO AFFECTED ACREAGE TOTAL AFFECTED ACREAGE Tailings/Sediment Ponds 0.00 0.00 0.00 Stockpiles 0.00 0.00 0.00 Waste piles 0.00 0.00 0.00 Processing Areas/Haul Roads 6.05 2.52 8.57 Mine Excavations 48.00 0.00 48.00 Other (Please explain) 4.95 11.37 16.32 Total Affected Acreage 59.00 13.89 72.89 Total Permitted Acreage 157.40 157.40 157.40 Revised September21, 2021 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 3. Mine maps must be accurate and appropriately scaled drawings, aerial photographs, or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. Thus, all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient 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 with geographic controls (e.g. metes and bounds, coordinates) labeled 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 g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all 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) Outline 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 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. p) Names of 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, 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 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0 — 49 acres 1" = 50' 50 —199 acres 1" =100' 200+ acres 1" = 200' NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items. 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 (italicized questions/statements) in this application form. This application will not be considered complete without all relevant items being adequately addressed on the mine maps. Revised September 21, 2021 P a g e 15 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. This modification is a continuance of the modification approved June 16, 2023. This modification is for additional disturbance for to allow land clearance for preparing drilling pads, and associated support areas such as laydown and access paths. In addition, this modification also includes utility demolition and relocation activities, new access roads and widening of existing roads. Sand tailings excavation will continue as previously permitted. See attached Mine Map (s) and Attachment A for detailed description of activities. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads, and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate 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. Similar to previous modifications, appropriate sediment and erosion control measures will be implemented based on the activity and location. Sediment and erosion control measures are as follows: Type A: Adjacent to Wetland or Stream Type B: Not Adjacent to Wetland or Stream Type C: Internal Drainage (No connection to State waters) Silt fences and straw waddles will be utilized for utility demolition and relocation activities, as well as for laydown areas and access roads. All erosion and sediment control designs are consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules. See Attachment A for detailed descriptions for the various disturbance components. 3. A) Will the operation involve washing the material mined, recycling process water, or other wastewater handling? YES FX If yes, briefly describe all such processes including any chemicals to be used. The excavation operation does not involve the washing of mine material, recycling process water, or other wastewater handling B) Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? FIYES FX If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on the mine map(s). The excavation operation does not involve the discharge of fresh or wastewater from the mine as a point discharge to Waters of the State. Revised September 21, 2021 Add Addtional Sheets Page 16 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 C) Will any part of the proposed mine excavation(s) extend below the water table? YES � NO If yes, do you intend to dewater the excavation(s)? YES NO Estimated withdrawal rate in gallons per day: If yes, what impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statement 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. The excavation operation does not extend below the water table or requries dewatering. D) If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Stormwater Program. In addition, the applicant is required to register water use with the Division of Water Resources, Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The excavation operation will not require the withdrawal of groundwater. 4. A) Will the operation involve crushing or any other air contaminant emissions? YES zNO If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. The excavation operation does not involve crushing or any other air contaminant emissions. B) How will dust from stockpiles, haul roads, etc., be controlled? Dust from internal roadways will be controlled by wet suppression (watering). Revised September 21, 2021 Add Addtional Sheets Page 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 5. A) A buffer will be required between any mining activity and any mining permit 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 within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note 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 mine map(s). Buffers are shown on the Mine Map(s) submitted with the application. A minimum 25' buffer between the mine permit boundary and proposed activities will be maintained, except where the mine permit boundary adjoins the Kings Mountain -East (Permit No. 23-01) mine permit boundary. With the exception of the 44kV line demo, a minimum 50' buffer will be maintained between activities and the Former Radioactive Steel Area per Operating Conditions 9.B. of the previous mine permit modification dated April 23, 2018. 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 map(s). There are no buffer requirement for the Broad River basin or Cleveland County for wetlands and streams. Stream and wetland resources have been identified on the Mine Map(s) submitted with this application. A 50-foot buffer is proposed between disturbed areas and natural watercourses and wetlands and is shown on the Mine Map(s). A 25-foot buffer is proposed between disturbed areas and man-made impoundments as these areas are primarily internal drainage with no discharge to Waters of the State. In addition, robust sediment and erosion control devices will be utilized for further protection of water resources. All erosion and sediment control designs are consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules 6. A) Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required unless technical justification can be provided to allow steeper slopes. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings excavation was initiated under a permit modification. All previously disturbed areas have stable slopes and are vegetated. The current excavation are maintains slopes at a minimum of 3H:1 V or flatter and drain internally to the excavation area. See attached Mine Map(s) and Attachment A. B) Provide a cross-section on the mine map(s) for all fill slopes (berms, waste piles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Revised September 21, 2021 Add Addtional Sheets Page 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 C) In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). The current excavation area maintains slopes at a minimum of 3H:1 V or flatter and drain internally to the excavation area. See attached Mine Map(s) and Attachment A. D) In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. There is no hard rock excavation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling, house, public road, or public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are no structures within 300 feet of the excavation area. 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). Access to the permit area is controlled by security personnel. 9. Are acid producing minerals or soils present? YES � NO If yes, how will acid water pollution from the excavation, stockpiles, and waste areas be controlled? There are no acid producing soils or minerals associated with the excavation of the former sand tailings area. Revised September 21, 2021 Add Addtional Sheets Page 19 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 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 mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The permit area is surrounded by vegetated berms and natural wooded areas to obstruct public view. In areas where there may be a potential of public view, temporary screening will be utilized rather than permanent, as the land clearing activities are temporary in nature. 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? There are no publicly owned parks, forest, or recreation areas that would be impacted by the proposed activities. 11. Will explosives be used? YES � NO If yes, specify the types of explosive(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 structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. No blasting is proposed with this modification. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? YES F-1NO If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). No fuel tanks, solvents, or other chemical reagents are stored within the permit boundary. Fueling of excavation equipment is conducted by mobile fuelers. Revised September 21, 2021 Add Additional Sheets Page 110 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of 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 map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings area excavation was initiated under a permit modification. All previously disturbed areas have stable slopes and are vegetated. The current excavation area maintains slopes at a minimum of 3H:1 V or flatter and drain internally to the excavation area. At the conclusion of excavation within the former sand tailings area, the area will be seeded and vegetated per Item D.7 below. See attached Reclamation Map(s) and Attachment A 2. Is an excavated or impounded body of water to be left as part of the reclamation? YES FX If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a shallower water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? YES FX NO If yes, specify species. No fish stocking is proposed for the water bodies. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent 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 map. The permit area is currently surrounded by vegetated berms and forested areas. Revised September 21, 2021 Add Additional Sheets Page 111 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 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 must be provided on the reclamation map. Previous mining activities ended in the 1990's and no further mining activities were conducted until 2017 when the former sand tailings area excavation was initiated under a permit modification. All previously disturbed areas have stable slopes and are vegetated. The current excavation area maintains slopes at a minimum of 3H:1V or flatter and drain internally to the excavation area. At the conclusion of excavation within the former sand tailings area, the area will be seeded and vegetated per Item D.7 below. See attached Reclamation Map and Attachment A. 5. A) Describe reclamation of processing facilities, stockpile areas, and on -site roadways. There are no process facilities or stockpile areas within the former sand tailings excavation area. Internal dirt road network areas will be seeded and vegetated per Item D.7 below. B) Will any on -site roadways be left as part of the reclamation? YES FX If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The internal road network will be seeded and vegetated per Item D.7 below. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site -generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality, Division of Energy, Mineral, and Land Resources 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 map(s) and reclamation map, along with a list of items to be disposed in said areas. See Attachment A for details. Revised September 21, 2021 - o�� o��t��nal Shots Page 112 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-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 only tree 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 NC Forest Service, Department of Agriculture and Consumer Services; 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; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; 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 (tonslacre): Fertilizer Analysis and Rate of Application (Ibs/acre): 8-8-8 or 10-10-10 at 1000 Ibs/acre Seed type(s) and rate(s) of application included year-round seeding schedule (lbslacre): NOTE: Include legumes SEED TYPES SEEDING DATES SEEDING RATES NC Steep Slpoe Mix (ERNMX-310) All dates 45 Ibs/acre Native Habitat Strip Mine Mix (ERNMX-111) All dates 20 Ibs/acre Native Steep Slope Mix w/Annual Rye (ERNMX-181) Feb 15-Aug 15 60 Ibs/acre Native Steep Slope Mix w/Grain Rye (ERNMX-181-2) Aug 15-Feb 15 75 Ibs/acre Mulch Type, Rate of Application (lbslacre), and Method of Anchoring: small grain straw 2000 Ibs/acre to be tacked or mechincally tied down. Other Vegetative Cover(s) Type(s) and Rate(s) of Application Including Seeding Schedule (lbslacre, trees/ acre, spacing of trees/shrubs, etc.): Temporary Cover Brown Top Millet Feb 15-Aug 15 10 Ibs/acre Annual Rye Grain Aug 15-Feb 15 30 Ibs/acre Revegetation and/or reforestation plan approved by: Signature Print Name Steve Adams Title Principal Project Manager Agency SWCA Date 11/13/2023 Revised September 21, 2021 Page 113 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 E. DETERMINATION OF AFFECTED ACREAGE AND BOND 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) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each aspect of the mining operation, that you intend to affect during the life of this mining permit (in addition, please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate vour bond for you based upon your maps and standard reclamation costs. CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COST/ACRE COST Tailings/Sediment Ponds Ac. X $ /Ac. = $ 0.00 Stockpiles Ac. X $ /Ac. = $ 0.00 Waste Piles Ac. X $ /Ac. = $ 0.00 Processing Area/Haul Roads Ac. X $ /Ac. = $ 0.00 Mine Excavation Ac. X $ /Ac. = $ 0.00 Other Ac. X $ /Ac. = $ 0.00 TOTAL AFFECTED AC.: 0.00 Ac. TOTAL PERMITTED AC.: Ac. Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into 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 = $ 0.00 SUBTOTAL COST: $ 0.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE (YEARS) 0.02 x $ 0.00 x = $ 0.00 Total Reclamation Bond Cost: TOTAL RECLAMATION BOND COST = SUBTOTAL + INFLATION = $0.00 Round down to the nearest $100.00 NOTE: The reclamation bond cannot exceed $1 million per GS 74-54 Revised September 21, 2021 Page 114 NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources SCHEDULE OF RECLAMATION COSTS Based upon range of $500 - $5,000 per affected acre COMMODITY CODES: 1612 Mail Service Center Raleigh, NC 27699-1612 (919)707-9220 SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale GS Gemstone FS Feldspar OL Olivine PE Peat Borrow Borrow/fill dirt MI Mica KY Kyanite/Sillimanite/Andalusite AU Gold CS Crushed Stone LI Lithium PH Phosphate TI Titanium OT Other TYPE T/S PONDS STOCKPILES WASTE PILES P. AREA/H.R. MINE EXCAVATION $5001ac. (L) $500/ac. (L) SG, GS, Borrow $1800/ac. $2000/ac. $1800/ac. 1500 (FI) 2000 (PD) CS, DS, FS, MI, LI, 500 (L) 1800 2000 2000 500 (L) PF, OL, KY 1500 (FI) 2500 (PD) 1000 (L) 2000 (L) PH 2500 5000 5000 2500(FI) 5000 (PD) 1000 (L) 2000 (L) CL 2500 5000 5000 2500 (FI) 3700 (PD) 1000(L) 2000 (L) PE, AU, TI, OT 2500 3000 3500 2500 (FI) 5000 (PD) (L) = Reclamation to a lake and revegetating side slopes (FI) = Reclamation by filling in and revegetating (PD) = Reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 513.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD -PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Revised September 21, 2021 Page 115 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, 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 map(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 Energy, Mineral, and Land Resources. 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). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the 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(b1). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" Not Applicable. No additional lands to be added. Revised September 21, 2021 Page 116 NORTH CAROLINA MINING State of North Carolina PERMIT APPLICATION Department of Environmental Quality Division of Energy, Mineral, and Land Resources NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) 1612 Mail Service Center Raleigh, NC 27699-1612 (919)707-9220 to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): 1-1 a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine miles in (Mineral, Ore) of (Direction) (Nearest town) County. on acres located (Number) (Number) off/near road (Number, Name) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify 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). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity, please contact the applicant at the following telephone number: For information on the mining permit application review process, please contact the Mining Program staff at (919) 707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Addressee/Owner of Record's Name and Address Name of Applicant. Include Contact Person & Company Name, if Applicable Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 Add Page Page 117 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 AFFIDAVIT OF NOTIFICATION I, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environmental Quality, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where 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, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: Adjoining Landowner Name Address Attach additional list if necessary. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: Chief Administrative Officer Name Address (i.e.: City Manager, County Manager, Mayor, etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where 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, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of Applicant Title of person executing Affidavit a Notary Public of the County of State of North Carolina, do hereby certify that day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of Notary: My commission expires: 20 appeared before me this Revised September 21, 2021 Page 118 Add Addtional List NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919) 707-9220 G. LAND ENTRY AGREEMENT 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 may 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 may be 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: Signature Print Name Jose Fernando Rodriguez Title (if applicable) Site Director Company (if applicable) Albemarle U.S., Inc Address 348 Holiday Inn Drive Kings Mountain, NC 28086 APPLICANT: Signature* Print Name Jose Fernando Rodriguez Title Site Director Company Albemarle U.S., Inc Mine Name 348 Holiday Inn Drive Telephone Kings Mountain, NC 28086 Telephone 575.313.1487 Date Signed Date Signed *Signature must be the same as the individual who signed Page 1 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 in the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh 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. Revised September 21, 2021 Page 119