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HomeMy WebLinkAbout20240117_Modification_19-16 �diNESTAT-Q, ROY COOPER Governor ? i' - r ELIZABETH S.BISER Secretary Q AM VIOL WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality January 17,2024 Andrew Miller 3M Company 4191 Highway 87 South Moncure,NC 27312 RE: Pittsboro Mine Mining Permit No. 19-16 Chatham County Cape Fear River Basin Dear Mr. Miller: Your recent request to have the above referenced mining permit modified has been approved. The modification is to update the monitoring well installation plan, modify stormwater control features, and add a condition for the disposal of overburden/waste fines, as indicated in the application received August 7,2023, and the supplemental information received November 27,2023. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: I11.4.E,I11.5.A,I11.1 LB,11I.12, I11.13.F. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder,your permitted acreage at this site is 2184.4 acres and the amount of land you are approved to disturb is 895.4 acres. Please contact me at(919) 707-9220 if you have any questions. Sincerely, Adam Parr, PE State Mining Engineer Enclosures: Mining Permit 19-16 cc: Mr. Bill Denton,PE 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 27699-1612 NORTH CAROLINA _ Department^p Environmental o^a\ 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 of N.C.G.S. §74-46 through 68, "The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513, and other applicable laws,rules, and regulations Permission is hereby granted to: 3M Company Pittsboro Quarry Chatham County-Permit No. 19-16 for the operation of a Crushed Stone Quarry 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 2 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 Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the 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 reference to the permitted operation, and transfer the permit to the successor operator, 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 modify,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. I. Definitions. N.C.G.S. §74-49. 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. II. Modifications. N.C.G.S. ,7 December 30, 1997: This permit has been modified to waive Mining Permit No. 19-16's Operating Condition Nos. 4.A. and 5. in order to allow a test blast to allow a maximum of five loads of material to be removed from the site for analytical purposes in accordance with the letters dated December 5, 1997, and December 17, 1997,with stipulations. August 4,2000: This permit has been modified to update the mining plans and increase the affected acreage to 360 acres as indicated on Drawing Nos. PBPR-888-C-701, PBOR-888-C-702, PBOR-888-C-705, PBOR-888-C-706, C-707 and C-708, and PBOR-888-C-709 all received on April 27, 2000. In addition, the modification includes Drawing Nos. PBOR-888-C-703, PBOR-888-C-703A, PBOR-888-C-704, PBOR-888-C-704A, Sediment Ponds 1 & 1A, and Sediment Ponds 2 &2A all received on July 26, 2000. This modification includes the relocation and redesign of various features of the mine site and all associated erosion and sedimentation control measures, including the supplemental information dated July 31, 2000, with several stipulations. October 3,2000: This permit has been modified to revise Operating Condition No.4.C.3.revise Operating Condition Nos. 6.B and 9 and allow the installation of three water supply wells as indicated on the 8 '/2 x 11 section of the mine map received on September 18,2000. Page 3 October 27, 2000: This permit has been modified to allow a temporary change in the explosive magazine location. March 13, 2001: This permit has been modified to allow the addition of a privacy/screening berm as indicated on the mine map PBOR-888-C-702 last revised January 30, 2001. April 12,2001: This permit has been modified to add two acres to the affected area to allow the extension of a privacy/screening berm as indicated on the mine map PBOR-888-C-702 last revised February 28,2001, and the supplemental information dated February 26 and February 27,2001. In addition,this modification includes a contingency area for starting the overburden disposal area as indicated on the mine map PBOR- 888-C-715 last revised January 26,2001,and the supplemental information dated January 23 and 24,2001. October 9, 2001: This permit has been modified to allow the phasing of the mineral fines stockpile area and allow the construction of a temporary vegetative corridor to route storm water on the west side of the drainage divide(Phase 1)into Ponds 1 and lA until the stockpile area is expanded into Phase 11 as indicated on the Stockpile Site Map - Phase 1 No. PBOR-888-C-750C last revised June 29, 2001 and Details Sheet No. PBOR-888-C-706 last revised June 29, 2001. The second modification is to add a 160 foot diversion wall to Stormwater Pond No. 2 to allow further settling and prevent short-circuiting prior to exiting as indicated on the Horizontal and Vertical Control Map No.PBOR-888-C-310E last revised August 10,2001, and Details Sheet No. PBOR-888-C-622 last revised August 10,2001. The overall affected acreage at this site has increased to 363.4 acres. October 29, 2001: This permit has been modified to reduce the groundwater monitoring frequency from twice per month to once per quarter. May 3, 2002: This permit has been modified to allow the construction of a visual screening berm at the entrance of the facility as indicated on the 8 '/z x 11 section of the mine map labeled Visual Berm Location dated March 2002. The modification includes the installation and maintenance of the associated erosion and sediment control measures and details dated March 2002. July 12, 2004: This permit has been modified to increase the affected acreage at this site to 365.57 acres as indicated on the Plant Screening Berm Map dated May 17,2004. The modification includes the addition of a visual screening berm near the facility entrance and the associated erosion and sediment control measures. July 27,2007: This permit has been modified to increase the affected acreage at this site to 464.3 acres as indicated on the 2006 Mine Map dated December 12, 2006. This modification includes expansion of the existing overburden/waste fines disposal area, the addition of a new overburden/waste fines disposal area, expansion of the pit area and installation and maintenance of the associated erosion and sedimentation control measures. In addition, the corporate name has been changed from Minnesota Mining & Manufacturing(3M)to 3M Company. February 16, 2009: This permit has been modified to increase the permitted acreage to 2038.7 acres and the affected acreage at this site to 494.2 acres as indicated on the 2008 Mine Map last revised February 5, 2009. This modification includes the addition of property to the permit boundary near the abandoned railroad and near SR 1969 that will includes a screening berm, pit expansion, elimination of two existing rock dams on the western side of the pit,and the installation and maintenance of all associated erosion and sedimentation control measures. February 14,2012: This permit has been modified to increase the affected acreage at this site to 494.7 acres as indicated on the 2011 Screening Berm Mine Permit Modification Map dated December 12, 2011. This modification includes revising the grading plan for the storage/screening berm located along Charles Brooks Road to allow construction of a channel along the toe to divert stormwater runoff into the existing quarry,to change the permitted width of said berm from 20 feet to 40 feet and to extend said berm slightly Page 4 to the south. In addition, the modification includes construction of an additional berm located south of Rock Dam 06-1 and the installation and maintenance of its associated erosion and sediment control measures. March 20, 2017: This permit has been modified to increase the permitted acreage to 2184.4 acres and the affected acreage at this site to 895.4 acres as indicated on the Waste Fine Pile and Quarry Berm Project Maps last revised July 18,2016,and the Mine Permit Modification Erosion and Sediment Control Plan last revised January 10, 2017. The modification includes the expansion of the quarry excavation to the north and expansion of the excavated materials (fine) stockpile area to the east and north and includes the installation and maintenance of all associated erosion and sediment control measures. In addition, the modification includes the addition of three recently purchased adjoining properties along the northeast and southeast permit boundaries. The quarry expansion is limited to Phase 1 at this time. September 25,2017: This permit has been modified to allow expansion into Phase 2 with modifications to the expansion sequence and to the associated erosion and sediment control measures as a result of the issuance the 401 Water Quality Certification#17-0480 and as indicated on the Mine Permit Modification Maps last revised April 11,2017. December 1,2017: This permit has been issued for the life of site or the duration of the lease term. June 14, 2021: This permit has been modified to add one acre to the existing sediment pond acreage, decrease the processing area by one acre, and modify several stormwater control features. January 17, 2024: This permit has been modified to update the monitoring well installation plan, modify stormwater control features, and add a condition for the disposal of overburden/waste fines, as indicated in the application received August 7,2023,and the supplemental information received November 27,2023. The permitted area is 2184.4 acres and the area approved to disturb is 895.40 acres. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred, and modified mining permits. III. Operating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: 1. Wastewater and Quarry Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.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 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 stormwater permits or other approval documents. 2. Air Quality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. 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. Page 5 C. The permanent access (plant entrance) road shall be paved for a minimum of 200 linear feet from its junction with Hwy. 15-501. 3. Buffer Zones. A. Sufficient buffer (minimum 25 foot undisturbed, measured from the top of the stream banks) 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,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. C. A minimum 300-foot buffer shall be maintained between any fuel and chemical containment areas and any surface waters. D. The provisions of 404 Permit No. SAW-2013-02028 issued by the US Army Corp of Engineers and 401 Water Quality Certification No. DWR 17-0480 issued by the Division of Water Quality shall be followed. 4. Erosion and Sediment Control. 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, sediment 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. 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. D. Mining activities associated with the expansion of the quarry excavation to the north and the expansion of the excavated materials (fine) stockpile area to the east and north, including the installation and maintenance of all associated erosion and sediment control measures,shall be conducted as indicated on the Waste Fine Pile and Quarry Berm Project Maps last revised July 18, 2016 and the Mine Permit Modification Erosion and Sediment Control Plan last revised January 10, 2017 and in the supplemental information dated February 7, 2017 with the stipulation that the quarry expansion is limited to Phase 1 until a modification is submitted to and approved by the Department to allow land disturbing activities into Phase 2. E. All mining activities including those associated with expansion into Phase 2 with modifications to the expansion sequence,including the installation and maintenance of all erosion and sediment control measures shall be conducted as indicated on the Mine Permit Modification Maps last revised April 11,2017, and supplemental information received on June 14,2017,July 28,2017,April 13,2021,August 7,2023, and November 27,2023. Page 6 5. Groundwater Protection. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. A. The observation wells denoted on the Mine Map sheet C-716 sealed November 20, 2023, shall be utilized for monitoring groundwater levels. B. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells (boreholes) shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock,whichever is deeper. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality. C. The observation wells shall be monitored quarterly at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The quarterly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be maintained at the site and shall be provided to the Department upon request. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. 6. Permanently Marked Boundaries. All affected area boundaries (895.4 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 7. Graded Slopes and Fills. A. 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. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten(10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. C. Waste rock piles shall not be constructed with steep,near vertical side slopes. Side slopes shall be constructed in such a manner as to provide for a stable, safe configuration at reclamation. 8. Surface Drainage. 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. Page 7 9. Blasting. A. 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.I11.9.0 and 11I.9.E 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: B. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure 9-1(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. Figure 9-1-Allowable Peak Particle Velocity by Frequency t�•� 10.0 r 4 y to �,� 1_5 0-9 4 0.7S i nfsec 9 Q.7 I 4.7 M a.4 ' 0.-4 F E � F I � 0.2 1 I I 0.2 1 I � 4 + I i k I � t 4 10 20 ]0 100 Blast Vi b rati on Freq uen cy, HZ Figure I Afters ative bla Ming fe vel criteria ( 'OurCe rxr-0'difr-ed from figure 8-1. SUM-au Y Jyr ineS R 18-50T C. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/D,)Z (EQ. 8.1) Page 8 D,=D/Wv2 (EQ. 8.2) V= 160(D,)-1.6 (EQ. 8.3) 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. D. 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 Measuring System(Hz) Max Level(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 E. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U= 82 (D/Wo.33)-1.2 (EQ 8.4) To convert U(psi)to P (dBL): P =20 x log (U/2.9x10-9) (EQ 8.5) Confined Air blast/Overpressure(dBL) for quarry situation: A=P - 35 (EQ 8.6) 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). Page 9 The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. F. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. X. 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. G. 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. H. 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. Should flyrock occur beyond the permitted and guarded areas, the operator 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: i. A thorough investigation as to the cause(s)of the incident shall be conducted. ii. 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. J. 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 exceedance 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. K. The operator shall,when requested by the Department, give 24-hour advance notice to the Division of Energy,Mineral and Land Resources'Regional Office prior to any blast during a period for which notice is requested. Page 10 10. Highwall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing 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. 11. 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 shall be located and constructed as shown on the Mine Maps last revised November 20,2023. 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. 12. Buffer Between Mining Permit Boundaries and/or Right-of-wad All buffer zones shown on the Mine Maps sealed November 20,2023,shall be maintained to protect adjoining property. These buffer zones,with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 13. 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 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 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. §74-49 (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: Page 11 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. E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: i. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. ii. Used,clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. iii. No used, clean concrete material shall be permanently disposed of onsite. iv. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. F. The disposal of overburden and waste fines shall occur as indicated in the modification application received August 7,2023,the 2017 Reclamation Plan Map,received November 27,2023, and supplemental information received November 27,2023. 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$1,000,000.00 blanket 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. VII. Archaeological Resources. N.C.G.S. §70-3. 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. Page 12 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. §74-53. The Mining Permit 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 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. 2. Reclamation Conditions. A. 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. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. ii. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. Page 13 iii. The 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 Conditions Nos. I11.13.A through II1.131 vi. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan. After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate,Lbs. /Acre February 15- April 1 Kobe Lespedeza 10 Fescue 40 Redtop 1 Winter rye(grain) 15 April 1-July 31 Common Bermuda 50 August 1-October 25 Lespedeza(unscarified) 30 German millet 40 October 25-February 15 Rye(grain-temporary) 120 Soil Amendments Lime 2000 lbs./acre or follow recommendations from a soil test. Fertilizer 1000 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 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. Page 14 X. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52. This permit, issued March 27, 1997 modified December 30, 1997, August 4, 2000, October 3, 2000, October 27, 2000, March 13, 2001, April 12, 2001, October 9, 2001, October 29, 2001, May 3, 2002 and July 12, 2004, renewed and modified February 18, 2008, modified February 16, 2009 February 14, 2012 and March 20,2017,renewed and modified September 25,2017,and modified December 1,2027 and June 14,2021, is hereby modified this 17th day of January,2024 pursuant to N.C.G.S. §74-52. By: a�l� Adam Parr, PE, State Mining Engineer Division of Energy,Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 15013-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 15013-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102, on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 15013-23(a). Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at h!Ws://www.oah.nc.gov/hearings-division/hearing-process/filing-contested-case. Please contact the Office of Administrative Hearings at (984) 236-1850 or oah.postmaster(&oah.nc.goy with all questions regarding the filing fee and/or the details of the filing process.