Loading...
HomeMy WebLinkAbout20200930 ADI 8-7-2020 response with coverFox Rothschild LLP ATTORNEYS AT LAW 230 N. Elm St. Suite 1200 Greensboro, NC 27401 Tel (336) 378-5200 Fax (336) 378-5400 www.foxrothschild.com TOM TERRELL Direct No: 336.378.5412 Email: TTerrell@Foxrothschild.com October 6, 2020 Adam Parr Assistant State Mining Engineer NC Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Alamance Aggregates Mining Permit Application Dear Mr. Parr: I previously submitted to NCDEQ Articles IV and V of a private agreement between Alamance Aggregates and Colonial Pipeline. In consultation with Christopher Hayes, legal counsel to Colonial Pipeline, I redacted all other articles and sections because this is a private agreement between the two parties, and those sections were not relevant to the technical aspects of blasting and pipeline protection. Alamance Aggregates and Colonial Pipeline have agreed to keep the remaining portions of the agreement private. Thank you for this chance to clarify the redactions. Very truly yours, 9j'"' S. Thomas E. Terrell, Jr. TET:ths cc: Christopher Hayes U A Pennsylvania Limited Liability Partnership California Colorado Delaware District of Columbia Florida Georgia Illinois Minnesota Nevada New Jersey New York North Carolina Pennsylvania South Carolina Texas Virginia Washington September 29, 2020 Adam Parr NCDEQ 512 N. Salisbury St. Raleigh, NC 27699 RE: Proposed Alamance Quarry and Construction Materials Quarry Alamance County Cape Fear River Basin Dear Adam Parr, We have reviewed your letter of August 7, 2020 requesting additional information. We have revised and/or added the appropriate information that was requested. Please review the included information to see that it is satisfactory. Should there be any more additional requests, please reach out directly and we will ensure that it is provided timely. Sincerely, Chad Threatt REDACTED Page I 1 Page 12 REDACTED IV. BLASTING REQUIREMENTS AND TECHNICAL CONDITIONS A. Notice of Blasting Related Activities. Alamance Aggregates shall provide the Colonial individuals identified in Section III.C. of this Agreement with written notice of anticipated blasting, and with a blasting plan for Colonial's review to verify that the technical conditions in this Agreement are being adhered to, no less than two full (2) business days prior to a blast. Such written notice shall include the criteria listed in Section W.B. of this Agreement. The two days shall not include the day that the blasting activities are to occur. If any of the information required in Section W.B. below changes after the initial notification to Colonial is made, Alamance Aggregates shall notify the Colonial individuals identified in Section In.C. of this Agreement of the changes via electronic mail at least two (2) hours before the blast is conducted. The Parties acknowledge_and agree that once notice of the blasting activities is provided by Alamance Aggregates to Colonial as required by this Section IV.A, the initiation and continuation of the blasting activities is also subject to the provisions of Section W.N. B. Notice of intent to conduct blasting activities and a copy of the blasting plan shall be provided by electronic mail to the Colonial individuals identified in Section III.C. of this Agreement. 1. The information provided by Alamance Aggregates to Colonial shall include all of the following: a. Date and time of the proposed blast. b. GPS coordinates for the closest hole to Colonial's closest pipeline. C. The minimum distance from the closest hole to Colonial's closest pipeline. d. The maximum explosive weight per delay. e. The specific type of detonator(s) that will be used (e.g., electronic, electric, non- electric, etc.). f. The minimum time delay between separate charges. Page 13 g. The Scaled Distance, in units of feet/pounds�', using Colonial's closest pipeline at the closest point to the blast as the reference point for the calculations. h. The presence of an open face (or not) at the initiation point of the blast. i. The type of seismograph (portable or permanent) that will be used to monitor the vibration level at the Pipelines, as well as the technical basis for the selection. j. GPS coordinates for each seismograph that is used to monitor the vibration level at the Pipelines. 2. If the maximum explosive weight per delay will vary during the shot, the items listed in Section IV.B.1 of this Agreement must be provided to Colonial by electronic mail, as specified in Section III.C. of this Agreement, for each variation. C. Scaled Distance. If electronic detonators are used, the Scaled Distance shall be calculated using the maximum explosive weight per delay that will be detonated within the actual minimum time delay period (e.g., 3 milliseconds, 5 milliseconds, 12 milliseconds, etc.). If any other type of detonators are to be used, the Scaled Distance shall be calculated using the maximum explosive weight that will be detonated within any eight (8) millisecond time period. D. Time Delay. If electronic detonators are used, the minimum time delay between separate charges shall be greater than or equal to one (1) millisecond. E. Scaled Distance Without an Open Face. If an open face will not be present at the initiation point of the blast (e.g., test blasts, pit development, etc.), the Scaled Distance shall be greater than eighty five (85) feet/poundsY' using Colonial's closest pipeline at the closest point to the blast point as the reference point for the calculations. F. Scaled Distance With an Open Face. If an open face will be present at the initiation point of the blast (e.g., production blasts that are conducted after the pit has been developed, etc.), the Scaled Distance shall be greater than fifty one (51) feet/pounds�M' using the closest point of the pipeline to the blast point as the reference point for the calculations. G. Peak Particle Velocity. For each blast that is conducted at the Quarry, the Peak Particle Velocity (PPV) at Colonial's closest pipeline shall be less than one (1) inch per second. Colonial's representative shall be notified via e-mail, as specified in Section III.C. of this Agreement, within one (1) hour if this vibration limit is exceeded. H. Prohibited Blasting. No blasting shall occur within one thousand, one hundred and seventy five (1,175) feet of Colonial's closest pipeline. I. Use of Seismograph. The vibration level associated with each blast shall be monitored at Colonial's closest pipeline via either a portable seismograph or an array of permanent seismographs. The type of seismograph that is selected, as well as the technical basis for the selection, shall be documented and included in the notification to Colonial, as specified in Section W.A.1. Alamance Aggregates shall be responsible for the financial costs and expenses associated with the use and installation of any and all seismographs, regardless of whether such are portable or permanent. Page 14 J. Use of Portable Seismographs. If a portable seismograph will be used to monitor the vibration level at Colonial's closest pipeline, it shall be provided by an independent 3rd party company that specializes in vibration monitoring, paid for by Alamance Aggregates; such third -party contractor must first be approved by Colonial in writing prior to the seismograph being administered. The seismograph shall be installed within ten (10) feet of Colonial's closest pipeline at the closest point to the blast before each blast is conducted. The portable seismograph shall be installed by trained and experienced personnel as per the most recent guidelines published by the International Society of Explosives Engineers (ISEE). After the pit at the Quarry has been developed or one (1) year following the first permitted blast at the Quarry (whichever comes first), Colonial will review the vibration data that has been collected by the portable seismograph, and Colonial will determine if the use of a portable seismograph may continue or if permanent seismographs must be installed at the Quarry. If Colonial determines that permanent seismographs must be installed, then Colonial will determine the appropriate number of permanent seismographs and their locations. K. Use of Permanent Seismographs. If permanent seismographs will be used to monitor the vibration level at Colonial's closest pipeline, at least five (5) permanent seismographs shall be installed, and their respective locations must be approved by Colonial. The permanent seismographs shall be provided by an independent 3rd party company that specializes in vibration monitoring, paid for by Alamance Aggregates; such third -party contractor must first be approved by Colonial in writing prior to the seismograph being administered. The seismographs must be installed by trained and experienced personnel as per the most recent guidelines published by the ISEE. After the Quarry pit has been developed or one (1) year following the first permitted blast at the Quarry (whichever comes first), Colonial will review the vibration data that has been collected by the permanent seismographs, and Colonial will determine if the number of permanent seismographs and/or their locations must be changed. If Colonial determines that the number of permanent seismographs and/or their locations must be changed, the Parties agree to modify this Agreement accordingly. The addition of any seismographs, and the relocation of any seismographs, must be determined by an independent third party company that specializes in vibration monitoring, who shall consult with Colonial. The third party company must first be approved by Colonial in writing and paid for by Alamance Aggregates. L. Web -Based Data Room. Alamance Aggregates shall establish a password protected website / Web -Based Data Room that is accessible only to each of Colonial and their Representatives, and Alamance Aggregates and their Representatives. Alamance Aggregates shall require its third -party contractor administering the seismographs to input all seismographic blast data into the password protected Web -Based Data Room by 5:00 p.m. Eastern Standard Time the next business day. Although Alamance Aggregates, Colonial, and the Parties' Representatives shall have access to the password protected website / Web -Based Data Room, the Parties agree that Colonial shall have the right to provide copies of the data, documents, and other information and materials in the password protected website / Web -Based Data Room to federal, state, and local government authorities, including but not limited to NCDEQ or the Pipeline and Hazardous Materials Safety Administration ("PHMSA"), either upon request by such federal, state, or local government authorities, or if Colonial reasonably believes that (i) a violation of a term or condition of this Agreement has or will occur, (ii) a violation of a term or condition Page 15 of the Permit has or will occur, or (iii) the protection of the integrity of the Pipelines has been or will be jeopardized by the blasting or blasting -related activities. Such disclosure of data, documents, and other information and materials in the password protected website / Web - Based Data Room by Colonial to federal, state, and local government authorities shall not be considered a breach of this Agreement. M. Colonial Inspector. Colonial shall be permitted to have an inspector of its choosing present at the blasting location within the Quarry. If the time range for the blast exceeds ten (10) hours, then Alamance Aggregates shall pay Colonial's onsite inspector the inspector's daily rate, which is currently four hundred and fifty dollars ($450.00) per day, but is subject to change by Colonial. Payment shall be made by Alamance Aggregates within thirty (30) business days of Colonial making a request and providing supporting documentation to the Alamance Aggregates individual identified in Section III.C. of this Agreement. N. Compliance with the Blasting Plan. Colonial may object to a blasting plan and blasting activities that Colonial believes do not comply with the terms of this Agreement. 1. Within two (2) business days of Colonial's receipt of a blasting plan, Colonial shall inform Alamance Aggregates in writing of any noncompliant provisions of the blasting plan and Colonial's objections, if any. In the event that a blasting plan is presented to Colonial for review after 3:00 p.m. (Eastern Standard Time) on a business day, then Colonial's two business day timeframe to review and object to the blasting plan shall not begin until 8:00 a.m. (Eastern Standard Time) the next business day. 2. Within two (2) hours of Colonial's receipt of notice from Alamance Aggregates of a change in information, as contemplated in Section MA. of this Agreement, Colonial shall inform Alamance Aggregates in writing of any noncompliance and of Colonial's objections, if any. a. In the event that any of the information provided to Colonial, as required in Section N.B. above, changes and notification of such change is presented to Colonial for review after 3:00 p.m. (Eastern Standard Time) on a business day, then Colonial's two (2) hour timeframe to review and object to the revised information shall not begin until 8:00 a.m. (Eastern Standard Time) the next business day. b. In the event that any of the information provided to Colonial, as required in Section VI.B. above, changes and notification of such change is presented to Colonial for review before 8:00 a.m. (Eastern Standard Time) on a business day, then Colonial's two (2) hour timeframe to review and object to the revised information shall not begin until 8:00 a.m. (Eastern Standard Time) the same business day. 3. Alamance Aggregates agrees that blasting activities shall not proceed until the timelines listed above in Section IV.N.1 and Section IV.N.2 for Colonial to provide objections have expired. 4. In the event Colonial makes an objection to Alamance Aggregates, as stipulated for in this Section IV.N, Alamance Aggregates agrees that blasting activities shall not proceed until both Colonial and Alamance Aggregates have agreed that the blasting plan, such changes Page 16 to the blasting plan, and proposed blasting activities are compliant with this Agreement. V. QUARRY OPERATION REQUIREMENTS AND TECHNICAL CONDITIONS A. Quarry Access. Alamance Aggregates shall provide points of ingress and egress into and out of the Quarry that do not cross the Colonial Right -of -Way. B. Relocation of Emergency Access. At Colonial's request, and after Colonial has consulted with the NCDEQ, the access route on the northern portion of the Quarry, as identified on the attached Quarry Site Plan (made part of this Agreement and included as Exhibits lA and 113) and delineated as "Emergency Access" shall be located and constructed by Alamance Aggregates by curving the access road eastward to intersect with Quakenbush Road south of, but not crossing over, traversing, or intersecting the Pipelines or Colonial's Right -Of -Way. It is the intent of the Parties that no road or other access route, temporary, permanent, or otherwise shall be established or used to cross over, traverse, or intersect the Pipelines or Colonial's existing Right -of -Ways. This condition is contingent upon approval of a driveway permit by the North Carolina Department of Transportation ("NCDOT") at the new location previously described above in this Section V.B., which driveway permit is not expected to be withheld. C. Communications Between the Parties. Alamance Aggregates shall immediately notify the Colonial individuals identified in Section III.C. of this Agreement upon the issuance of the Permit. Within five (5) business days of the Permit being issued, the Parties shall establish, maintain, and exchange via the Legal Notice provisions of Section III.B. above a contact list with numerous and redundant methods of communication, including, but not limited to, phone numbers, email addresses, fax numbers, and physical addresses for all relevant employees, agents, contractors, and consultants. Each party is responsible for ensuring the contact list is updated as appropriate. D. Records Retention. Alamance Aggregates shall maintain all communications and records associated with blasting at the Quarry in an organized manner for at least three (3) years in order to facilitate audits/inspections by Colonial and/or other external organizations. Such records that must be maintained include, but are not limited to, all documents and materials contained in the Web -Based Data Room. All records that must be maintained shall be available in the Web -Based Data Room for Colonial's review. Upon a minimum of two (2) business days' Legal Notice and written request in accordance with Section III.B. above, Colonial shall have the right to access and review such records and pertinent materials at the Quarry. REDACTED Page 17 Page 18 REDACTED Page 19 Page 110 REDACTED Page 111 Pipeline Protection Agreement Between Colonial Pipeline Company and Alamance Aggregates, LLC. IN WITNESS HEREOF, the Parties hereto are authorized and have executed this Agreement on the day and year written below. COLONIAL PIPELINE Date: September 9, 2020 By: Name: Weslei: Dunbar Title: Vice President, Operations ALAMANCE AGGREGATES, LLC (Alamance gregates) Date: September 18,2020 By. Name: Chad Y. Threatt M- Title: Vice -President CPC Legal Department Reed and Approved a o Fo By: Date: Page 11,2 EXHIBITS 1A. AND 1B. Exhibits IA. and 1B. to the Pipeline Protection Agreement Between Colonial Pipeline Company and Alamance Aggregates, LLC. Quarry Site Plan Identifying the Proposed Emergency Access Road Page 113 -rT!1I k t 19 1� H11 T tr i Y $ I A F E.