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HomeMy WebLinkAbout42-01_1_Redacted V 1.e.- 414� NORTH CAROLINA � Department of Enviranmental Quality UNITED STATES POSTAL SERVICEj`-�_ '^ rs Class all Id 1 ^` • Sender: Please print-your name, addressaand, 1.P�4�ir this box'• North Carolina Department of Environment & Natural Resources Land Quality Section 1612 Mail Service Center Raleigh NC 27699-1612 1740-7401 1111 till 111111 Ill Ill 11111„, Iki,l Ill 111111111ll1l SENDER: • •N C04PLETE THIS SECTION ON DELIVERY Of Complete items 1 , 2, and 3. Also complete. A. si ature Item 4 if Restricted Delivery Is desired. ( ❑ Agent ■ Print your name and address on the reverse \ ❑ Addressee so that we can return the card to you. B. Received by (Printed Name) LC of D fiver) ■ Attach this card to the back of the mailpiece, _ or on the front if space permits. - �J D. ij delivKatdre 2.pM ref %6r4. till E7 Yes 1. Article Addressed to: I YES, enter delivery address below: ❑ No JUL 9 7 2010 MR JEFF WYERS NASH BRICK COMPANY 3. S rwce ype on_ any rtin _..t� _ . _ L. /�. ,vlau �ffuN,e rv,al, RED OAK NC 27868 /❑ Registered turn Recelpt for Merchandise ❑ Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service labeq 1, I I i 7 0 0 8 i r18 3 0 00012 8839 2 9L7 4'. PS Form 3811 , February 2004 41.01 Domestic Return Receipt 7-a2 l �/2) 102595-02-M-1541 ROY COOPER coP ER MICHAEL S. REGAN senmarr Energy,Mineral& TRACY DAVIS Land Resources onraar IFINVIRONMENI QUALITY December 1, 2017 Nash Brick Company Nash Brick Company PO Box 560 Red Oak, NC 278B68 RE: Mining Permit No. 42-01 Its Mine Halifax County Dear Nash Brick Company: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The"life of site' means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $50D,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. 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 remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at(919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Slate er Math G nRma I Erdranmenlal QUI I Enmyy.Mlnelel aid W nd lvaolnees 512 N.Walbury Arevl [ 102 Mall 5eMce Cenar I P Icigh.]Yad Carolina 2% !L 1612 9197079200 UNITED STATES P.QSTAL,SERVICE First-Class Mail Postage 8 Fees Paid USPS Permit No. G-10 71. • Sender:' lease print your name, address, and ZIP+4 in this box NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LO' CE tRRZ� D LAND QUALITY SECTI C: C V C LJ 1612 MAIL SERVICE CENTER OCT 17 2014 RALEIGH NC 27699-1612 1740-7401 LAND QUALITY MINING PROGRAM PIh1II'PIIPIIIIIIIIIIIIIIIIIIIIII'IIIIIIIIIIhI III III II'I'III SEE ■ Complete items 1, 2, and 3. Also complete A. gnatu e Item 4 if Restricted Delivery is desired. ❑ Agent ■ Print your name and address on the reverse AXI Addressee so that we can return the card to you, liec MA r 1 (p t Name) C. ofp ive ■ Attach this card to the back of the mailpiece, or on the front if space permits. - D. Is delivery adcLAss difterenm item f ❑ Y s 1. Article Addressed to: If YES, enter delivery address below: ❑ No I MR JEFF WYERS NASH BRICK COMPANY PO BOX 560 3. Service Type Certified Mail ❑ Express Mail RED OAK NC 27868 Registered Return Receipt for Merchandise j " - 0 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes I 2- Article Number - 7014 0510 0000 4171 7497 I (Ranter from service labell j PS Form 3811 . February 2004 z 01 Domestic Return Receipt ( t�. ;jj_4 �1o25es-o2-M-1s4o ., UNITED STATES FWTAt:-uE4CE First-Class Mail V--bc ^5 Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 tdllll"tlllltnlllllllln„dllllllltllltltllllnitll, n Complete items 1, 2, and 3. Also complete A Si nature. item 4 if Restricted Delivery is desired. I ❑ Agent e Print your name and address on the reverse LPL Z� ❑ Addressee so that we can return the card to you. Recelved by (P ' Name) t C. to of eliv e Attach this card to the back of the mailpiece, or on the front if space permits. rl Y 1. Article Addressed to: D. Is delivery address cliffs t from item 17 Yes If YES, enter delivery address below: O No MR JEFF WYERS NASH CRICK COMPANY PO BOX. 560 3. Service 7yoe RFD OAK NC 27868 Certified Mail® g Priority Mail Express" Registered ` ] Return Receipt for Merchandise ❑ Insured Mail Collect on Delitrery 4. Restricted Delivery?(Extra Fee) ❑ Yes z. Article Number 7013 2630 0001 8990 0650 (Transfer from servke tabeg PS Form 3811 . July 2013 Domestic Return Receipt <! G� i c_L_ 'T. n NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary October 8, 2014 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7014 0510 0000 4171 7497 Mr. Jeff Wyers Nash Brick Company PO Box 560 Red Oak, North Carolina 27868 RE: Permit No. 42-01 Ita Mine Halifax County Tar River Basin Dear Mr. Wyers: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is October 8, 2024. The commons in the permit renewal were oases primarily upon the moral application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition No.4B, 11 E and 14 and Reclamation No. 3 As a reminder, your permitted acreage at this site is 492 acres and the amount of land you are approved to disturb is 91 .28 acres. As we have received the $311,700.00 Irrevocable Standby Letter of Credit No. 9512730490-00003 issued by Branch Banking and Trust Company, I am returning the $213,200.00 Irrevocable Standby Letter of Credit No, 9512496803-00002 issued by Branch Banking and Trust Company to you for your disposal. Division of Energy, Mineral, and Land Resources Energy Section •Geological Survey Section• Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet:htloJloorlal.ncdencorWWei An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Certified Mail Mr., Wyers Page Two Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, 2(��� J, r y� J ne Boyer, P State Mining Specialist Land Quality Section JSB/jw Enclosures cc: Mr. John Holley, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mininq Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Nash Brick Company Ita Mine Halifax County — Permit No. 42-01 for the operation of a Clay Mine Which shall provide that the usefulness, productivity, and scenic values of ..II !ands and ..ate. ..iC....i...J 4.y 4L1;_ �i:,... . .:II . �L.. all lands and waters affected b LIIIS Illlllillg VPIJ IaLIVII Yvlll receive he greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: October 8,_2024 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, 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 expiration, 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 .___ _I:L1L_ Yl_ _1_____l.__ fll__ __ ..____.____t__I .__ •L_ .___.__:1 Y'1__ _.____1__ �L�I11-�..� right l.� modify the Reclamation Plan as Incorporated in he permit. r he operator shall have right to a hearing at the 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. Definitions Whenever 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. Modifications April 14, 1992: This permit has been modified to allow stockpiling of petroleum contaminated soils in accordance with the Soils Containment and Treatment at Brick or Asphalt Production Facilities Permit No. WQ0005181 and sheets 2 & 3 of the Petroleum Contaminated Soils Storage Plan dated May 28, 1991. March 8, 1996: This permit has been modified to allow mining on an additional 2 acres of adjoining land as indicated on the modification request dated March 2, 1994, additional information dated May 27, 1994, and mine map received by the Land Quality Section on March 4, 1994. 1 Page 3 September $ 1999: This permit has been modified to incorporate the Powells Creek Mine (Permit No. 42-13) into the existing permit and to increase the affected area to 80.78 acres as indicated on the mine map, Sheets 1 through 3 dated April 1, 1999. December 17, 2004: This permit has been modified to increase the affected acreage at this site to 91,28 acres. The modification includes the addition of 10.5 acres of affected land for mining within the permit boundary. August 8, 2005: This permit has been modified to include the addition of a new clay storage building, a new employee break room, a new septic tank and lateral field system and a 1.94 acre Land Clearing and Inert Debris Landfill as indicated on the General Facility Layout Map dated May 16, 2005. Expiration Date This permit shall be effective from the date of its issuance until October 8, 2024. Conditions 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: OPERATING CONDITIONS: 1 . 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 Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section to secure any necessary stormwater permits or other approval documents. 2. 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. 3. A. Sufficient buffer (minimum 50 foot undisturbed) 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. Page 4 B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharainq onto adiacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved erosion and sediment control measures shall be conducted as indicated on the Mine layout Map last revised July 2, 2014 and the supplemental information received by the Land Quality Section on May 2, 2014 and July 9, 2014. C. Silt fence shall be installed and maintained along the toe of all proposed fill slopes for earthen berms to be constructed at the site until the berms have been stabilized with permanent ground cover. 5. All affected area boundaries (91.28 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosions 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 ground cover, devices or structures sufficient to restrain such erosion. 7. 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. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse defined by 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 G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1 nn-city nanArntAri land riaarinn rlahric 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following Information must be provided to and approved by the Division or Enercyy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. E. Stockpiling of only petroleum contaminated soils shall be conducted in accordance with Permit Nos. SR0500073 and No. SR-PRS-003 issued by the North Carolina Environmental Management Commission. F. The disposal of land clearing and inert debris shall be conducted as indicated on the LCID Details Sheet dated May 16, 2005 and in accordance with 15A NCAC 13B.0563(2) and any other rules promulgated by the Division of Waste Management. 12. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 13. The operator shall notifv the Dennrtment in writing of the desire to delete mr)(14V nr otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. Page 6 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $311,700.00 Irrevocable Standby Letter of Credit, 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. 15. 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.. B. Pursuant to N. C. G. S. 70 Article 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. Page 7 APPROVED RECLAMATION PLAN 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. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. 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. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. 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. 0. 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. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore portions of the mine excavation to lake areas and to regrade and satisfactorily revegetate any other disturbed areas as indicated on the Reclamation Plan Map dated February 27, 2004. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: Page 8 A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. Side slopes to any lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. All the final perimeter sideslopes not left as lake excavations shall be graded to a 2 horizontal to 1 vertical or flatter slope. D. Any settling ponds or sediment basins shall be backfilled and stabilized. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site rlinnnnnl nhnll hn in 1-4k nnnrn+inrr f'nnrli�inn 4 1 A 4hrnl ir4k UIOPVOQI vI vvaoLv JIIaII I✓c III av�.uivalluc VVIUI v�claully vulluluvil I Ire uIIvuyii 11 F. H. 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 Vegetation Plan on the Reclamation Plan Sheet last revised July 2, 2014 and approved by Mr. T. Patrick Shillington, PE, on April 28, 2014. 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 9 This permit, issued August 14, 1972, renewed September 2, 1982, renewed and modified April 14, 1992 modified March 8, 1996, and September 8, 1999, renewed June 4, 2004 and modified December 17, 2004 and August 8, 2005, is hereby renewed this 8th day of October, 2014 pursuant to G.S. 74-52. By: ;rn Tracy E. 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MINI Ed I ININ III r m Nd Soil Divenlon Berm •am,.ecainud.Mdnno'*u ihJ.oe INININd n GI..H, CI III II051 e, d l9tiY.., ds M,e NI Id it R ray D aid" IP � R 11 w1 t, % L<gmd / ..'�•'... VVI e. a.wmrIVWIN 14 .da w .w . . b .,. BI 1RL� LL psi W IV 1 .x_»...- 1 x.. i4ril"Id lillo Nw5Ail I� p.kp \ \\ ee. u..,+rr mA. n m• V\\ I11 w.... ,..._mom a'A6XL� t _! 16 WL c PL TWO .. E X INv 0 NC ... .y _ .r. ta,1 iW 3 noa6 rm -] S NCDEN t North Carolina Department of Environment and Natural Resources Pal McCrory John E.Skvarla, III Governor August 6, 2014 Secretary Certified Mail Return Receipt Requested 1 � 7013 2630 00018990 0650 1� Mr. Jeff Wyers Nash Brick Company PO Box 560 Red Oak, North Carolina 27868 A RE: Ita Mine Permit No. 42-01 Halifax County Tar River Basin Dear Mr. Wyers: The review has been completed on the renewal request your company submitted for the referenced mine site. However, the following is needed to continue processing your application: The reclamation bond calculation worksheet submitted with the renewal request has been verified. The reclamation bond for this site has been calculated to be $311,700,00. The calculation worksheet is enclosed for your review and the bond or balance ($98,500.00) will be required prior to approval of this renewal. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Nash Brick Company. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the renewal request cannot be completed until the new bond amount has been received. As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. Division of Energy, Mineral, and Land Resources Energy Section• Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699.1612.919 707-92001 FAX: 919-715.8801 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet: h1lin floortalncdenr.orahvebNl An Equal Opportunity 1 Alrirma5ve Action Employer-50°% Recycled 110% Post Consumer Paper e e CERTIFIED MAIL Mr. Myers Page Two In order to complete the processing of your renewal request, please forward the bond to i my attention at the following address: 4 Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, D jbjj--� qJ dith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms CC" Mr. John Holley, PE i _.•.. .. .W w,., .-.,..^^:+; .xvu.+ ✓."�c'vF+TunY.Y'°^°Vc.M:�-.urv.....:.�,.-Y/+F... �:..+� 'v14 MIMiG CHECKLIST FOR WLMN IG(�, AyyAWd'SNMG ``'' Ayybe.fPamR No.: Ia `OI CAUMy' DAk RffdML RCYIeAm: O Rt m BWM NOW �ITIV 1 ❑ NN VRMWA, ❑ MdytwdAR owde ama 6mdmga) ❑ m dt f wlan (oxwkympa im dow) ❑ 'Th* ❑ R&W ❑ Pmtd R&M IR AdMond MpMgUM ❑ Fa NX&L $ ❑ Fa Radwd: Pka da ehdha wkmum PdAp to Xi RAlEIAN Rtg( WCft (Z mmq*"Yw;atah the-ug R%wd Da ntmg9 Ayy6dm RffW Ckta 'to om egy ad dWh bth to DweLad DA(Um"Ayyhatm Rake Foes to&other Alf od hdA a7sw to Poe ROWW DAk: Ratkd 7 9) Bred ❑ DM aR I WAM Rmavat DAh: PaW A Ra'd ❑ NC W&*Raa CoamtWR m*: Rmdd Ra'd ❑ us FBA& wtw*soma Mft Radtd Ra'd ` (ody ma gyhrdkm and NM*MUN mpwsu tw Am W to t6 yako PkW M der*9 PAAa of the Apj&uam ad my bodim mW b: ❑ Dwm of Pmfm @ RaadbR DdC. Rmdd Red ❑ Nc GabBlod sway swum Data: Raid Rand ❑ DK4M of mvw Fh6ria Ddo: Raid Rerd ❑ DWM of W a Water CMRVXUM (ylAs LEA) A*. Raid Rad (ody as gyhea m ad m dlf am r qum the AddW to to ymd) ❑ DfrWAa of Areifaf a Ntday Dda: Radd Rid (ody Aa gplmmas) ❑ oflm /q DAtC. Radd RWd ••surm Date fff co ads: LI amt 1 RO N (Ro btfr" Z5 dT fNm Fartyl) t h ❑ Pkate uta der fAOompgq: �� ( I)� OZ UbUya Puviod) 4- 1 hrr, 1. u UAA6- Cl� • GG2 • l� ENGINEERING & ENVIRONMENTAL SCIENCE COMPANY 3008 ANDERSON DRIVE,SUITE 102 RALEIGH, NC 27609 (919)781-7798 ,July ?, 2oI4 (;E1VED Mr. .1elT Wyers Nash Brick Company QUALITY SECT10hi P.O. Box 560 Red Oak NC 27969 Re: lta Mine Permit Renewal Supplement Permit No. 42-01 Halifax County Tar River Basin Dear Mr. Wyers: The following in chronological order, address the concerns noted in the letter dated May 28, 2014 by the Land Quality Section and Division of Water Resources. The submitted mine maps reflect modifications to address these concerns. 1. Sheet 1 of 3 has been modified showing the surrounding property lines and adjacent property owners, the surface water sampling points and their numbers. and the natural gas right-of-way and appropriate buffers. 2. & 3. The Sheets I of- 3 and 3 of 3 have been modified to reflect ditches, perennial streams and intermittent streams. The intermittent and perennial stream locations are based on the USGS Essex Quadrangle Mal) and the 2006 USDA Halifax Soil Survey Map (see Attached Figures 1 and 2), which should satisfy the delineation of the streams. However, the facility has been in operation for more than 60 years and several of the streams noted on the Soil Survey Map were created by Mining Activities and are' still utilized for stormwater conveyance. The intermittent stream associated with Basin 3 will need to be addressed before installation of this basin and mining in this area. Also, the stream upslope of Basin No. l will need to be field verified prior to any additional disturbance. Notes on Sheet 1 of 3 provide requirements for the field verification of these streams. Land disturbance activities in the area of Basins 1 and 2 had occurred prior to 1998 and activities in the area of Basin 4 had occurred prior to 1992. These distance activities were conducted prior to the Tar/Pamilico River Basin buffer requirements. Basin No. 5 was originally constructed prior to 1978. The disturbed area upslope of this basin was permitted in 2005, and the permitting considered the Tar/Pamilico River Basin buffer requirements. v 4. The Contaminated Soils Permit No. WQ0005131 should be removed from the Mine Permit with the Permit Nos. SR0500073 and SR-PRS-003 should be added. Please contact me if you have any questions about this letter. Sincerely, I . Patrick Shillingto P.E. President 15472 d U Attaclimcni: riguICs 1`n! 62S `h e Jc7]S " 2Evr )$ i a ++ I NI Xk ri Ij p ay/ "III \ CNE �; ` ' ��V I 7 a q ❑SGS Essex Quadrangle Map ENGINEERING A ENVIRONMENTAL B 1`�/♦ (. J` SCIENCE COMPANY DR.,SUITE E102 PALEIGH,NORTHCAROLINA 27609 1919N81-7796+ Vicinity Map LAT[ la Mine SOMA Nash Brick Company 1=2000'(ApproxJ 532 Nash Brick Road Enfield, NC CIS a •t f ) .. HrG -- `{'08' 4�'` ',� + ' tr !�' ) `'ly„ �:' a. .+' ✓'rSr a t )s1 ++ ; 1 a ra s•.4 1J ,.. 13 11 a, ,. 7m32 ';. 51 ��1 rl 1 ,�q 1 � 1339H(B r 1 .1 .�• On B B Ppi. jj � ykrca }t Y, . fr ) ,i to � �.id�Y � r��ast�i� 6 ir• � ...a' z�' ; # x 13dAV, gar -� € � �Y. r,- x � ly'• 't k e. ! �rl* ��...�, r i e'Sxc /r .B ' � , `9N,` •� ,w-+� L 1 #-nl� er"'. �� 5.v Ir'. � - 9,..- rlY'tS `.���RZ \ � ENGINEERINGSCIECE ENVIRONMENTAL N SOII EymMi Soil Name SeeaorollYHIAB Waletlatle.11. JNGE ENVIRONMENTAL vOk Ghewada OS15 300E ANDERSON OF.,SUITE 1 nR HrRHrO Mernhon <0.0 RALEIGH,NORTH CAFOLINP P960B RM Remake 0"1D (9191 781-7798 q 81A Stale 4o6.0 •� • TbE TmIO TdWm a60 T"L2 Ua woNnem: Soil Survey Map ImMine Nash Brick Company532 Nash Brick Road Scale: I" = 1000, Enficld.NC els O - . AAM�tA O NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor May 5, 2014 Secretary MEMORANDUM RECEIVED TO: Ms. Maria Tripp ' `ECEIVED Habitat Conservation Program Coordinator Wildlife Resources Commission JUN 0 3 2014 LAND TY FROM: Brenda M. Harris MINING PROGRAM OGRAAM Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Nash Brick Company Ita Mine Halifax County Please find attached for your review:a copy of the mining permit renewal request for the above referenced project. ' Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 27, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff,wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions /bmh �t o t,� 4 . Attachments 5 3c cc: Mr. John Halley a•--� ) I .t Division of Energy,Mineral, and Land Resources Energy Section •Geological Survey Section•Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715.8801 512 North Salisbury Street, Raleigh, North Carolina 27604• Internet hHo:Iloortal. cdenr.oreiwebllrl An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Past Consumer Paper Wehner, Judy From: Holley, John Sent: Thursday, May 29, 20141:51 PM To: Rodgers, Ashley Cc: Wenner, Judy; Smith, Danny; Valentine, Thad; Vinson, Toby Subject: FW.Ita Mine Renewal Inspection, Application Suspense Date 5-28-2014 Attachments: 42-01 DWR REVIEW SHEET May 2014.doc Below are Thad's comments on the pending application. His observations appear to be in line with Danny's report sent today(attached). I had reviewed the proposed renewal maps as well, and while no offsite sediment issues or specific operation changes are indicated, I recommend that we have the operator address the riparian buffer issues and update the maps accordingly before we proceed with renewal. Please prepare our coordinated response to Judy for the record. Thanks From: Valentine, Thad Sent: Wednesday, May 28, 2014 11:19 AM TO: Holley, John Cc Werner, Judy Subject: Ida Mine Renewal Inspection John I inspected the Ida Mine yesterday and I have these few comments, 1. The 100 year flood plan is not shown 2. The surrounding property owners have not been identified on the plans 3. The sample point locations are not shown nor have they been numbered 4. The biggest issue I see is there is a buffered stream that runs through the property that is not shown on the map.There are two crossings,one by culvert and the other is by driving through a low area.This at the very least should be shown on the map and should probably be assessed by DWR Overall the site looks good with no sediment loss due to large holding areas before the basins and heavy vegetation. There is one area at the end of the access road just before entering the Middle Pit where the road berm was removed or washed out that needs to he filled in the dirt or a rock filter.The Mine Manager (Jeff Wyers) indicated that the mine has been shut down for some time and the pits area locked out due to MISHA rules which would prevent them from making that repair until the mine is reopened. Let me know if you need any further info 1 � 0 Wehner, Judy From: Rodgers, Ashley Sent: Thursday, May 29, 2014 10:43 AM To: Wehner,Judy Subject: DAQ comments for Ita (42-01) Attachments: Scanned from Xerox Scanner 1st Floor.pdf Here are the DAQ comments for Ita Mine - no issuesl Ashley Rodgers, PE Assistant Regional Engineer NCDENR - Division of Energy, Mineral, and Land Resources Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699 Phone: (919) 791-4200 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 • O MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number: He Mine (42-01) County: Halifax Please return comments back to: Ashley Rodoers Comments due by: May 27, 2014 Will the operation, as proposed, violate standards of air quality? 6 Comments: YES NO Air permit required Air permit existing " (Permit# S l 2, Fl R 2 l ) Othgr Comments: Reviewed by: Date: 1 �{ 2✓/� Print Name:_-Da wt n vii central Once Retie f. Rev Dec 20M SENDER: COMPLETE THIS�SEC770N- �770N ON o Complete items 1 , 2, and 3. Also complete A. Sig ature item 4 if Restricted Delivery is desired. ❑ Agent o Print your name and address on the reverse �i ❑ Addresses so that we can return the card to you. Received b (Pn Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. iJLM d.lw&yVA&eeJd6e4rt from item 1? EJ Yes 1. Article Addressed to: If YES, enter delivery address below. ❑ No ,; JUN 0 3 2014 a ND QUALITY MR-1JEFP WYERS W IN ING PROGRAM NAShi BRICK COMPANY 3. ServlceType .A r Ft.) BOX 5b �, u Ap�' enniw Mwii- u riwm iviaii E ie8e' 47 Registered Return Receipt for Merchandise RED OAK NC 27£f68 ❑ Insured Mall � Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r 7008 1300 0000 1126 7978 (fianster from service labeq PS Form 3811 . July 20134.2_ o,I Domestic Return Recelpt3 I R� 144 Z14<jry UNITED'STATE$ F{?.S3'LNS�RViCE ® First-Class Mail -w Postage & Fees Paid USPs ' `�t�:,i '• .:I Permit No. G-10 • Sender: Please print your name, address, and ZIP+4® in this box• NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 ,rtlltil1irUp III III nII)IIII,tlt l"tll h u htlllll ltr �g�+A ;A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor May 28, 2014 Secretary C;PrtifiPri Mail Return Receipt Requested 7008 1300 0000 1126 7978 Mr. Jeff Wyers Nash Brick Company PO Box 560 Red Oak, North Carolina 27868 RE: Ita Mine Permit No. 42-01 Halifax County Tar River Basin Dear Mr. Wyers: We have reviewed the renewal request you/ company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Revise the mine map to show all surrounding property lines and owners, sample point locations and their numbers and the gas line right of way location with the appropriate buffers along it. 2. All streams, waterways and wetlands must be shown an the mine map with the corresponding 50 foot undisturbed buffers along them. 3. Please find enclosed comments from the Division of Water Resources concerning this site. Provide proof the stream determination has been completed. 4. Please verify that the Contaminated Soils Permit No. WQ0005131 has been closed out. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. Division of Energy, Mineral, and Land Resources Energy Section •Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet: httpalportal.ncdenr.ort/wg ebllrl An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper Certified Mail Mr. Wyers Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 An re"i,ir-A ht, lrA KEr'Ar'' r,R llnva t,n,i ore he e bo �I rehtf orltiicri +ho+ trr%,i hoPrl Antic "0 1%14 lli%,M 1Jy gel IVV WV.VV IV, pau "IV I1I IV"y uu VlJ%,U UIUL YWM III V. LVV MNy— from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: DWR Comments cc: Mr. John Hollev, PE Print this tend to POF Return P f this form M DEMLR CC by emelf cc DEMLR RD,,wwwR SPLL Send a copy to the permlttee. MIRIINC PER IT APPLICATION RAW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Ita Mine DEMLR Permit # 42-01 County: Halifax Applicant's Email: E2S@bellsouth.net PERMIT ACTION TYPE: YES NO Data Commencing r( r ( Have land disturbing activities started? Date? Fr r ( >1972 Latitude: 36.1683 Longitude: -77.9059 Please return comments to (at DEMLR CO): Judy Wehner Comments due b May 27, 2014 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? yes Comments: The site drains to Fishing Creek and Little Fishing Creek, which is in the Tar Pamlico River Basin. Stream are depicted on the soils Survey that coincide to impacts proposed in on plans. Site will need to secure stream determination, comply with buffer rules and secure 4041401 authorizations, as appropriate. Watershed/Stream Name & Classification: Fishing Creek and Little Fishing Creek, C NSW DWR Compliance Status of Mine: yes, last inspection on Jan 7, 2010 Does this mine (or previous owner) have DWR back fees to pay? none depicted in BIMS If yes, amount: is this mine an active permit in BiMS7 yes . but permit expires May 31.2014 YES NO "" jvj �3`tiwar .N; tE F� �4r .4 F40Ay,WegdndtC¢gt'3r¢gU�red?4;, •taF.";axr.`�'r "".-.c �.,< " ..,aa* 5.� rr�_ . unknonw 6y"a1i i 1�C 401 Wetland Cart. existing? r( Permit# Does,DWR(ROGhavetenough �'riformationito}� ill `tu't §rt �xNo`°Sitelneedss uffedstreaml�a. ridetermmejtf a(401iicerfrficatio'Mrsriegwred1 4 ,tea, t< ,, 'If, ,c q ,W -a Ydeterminahony.,r:; �;r+ „ ,jd; Is an O & M Plan needed? YES .s NO �'A a wetlands disturbed.at this site9 "IF-(t, �1}jlra} x < lr tip`r xP� ' • :Feu.aY7+Md:k-" 4:�av_v]�@&»b 3 ,< ,a+u Cse +rum rnr '.ax %V;' 1.', y -• Does DWR RO suspect or know of nearby I-( r (unknown wetlands to the site? — aa„SenrMha,vm n Pdnt this form to PCP Retval PD /this torm mail w to OEMLR CO by e DiEMLR Pot DWR SPU Send a copy to Ine permitteeIV Adilk f pig? tye,G �,rT 1; h cTas7 'Yn' �x h# k' ,I—r1 D �M,+kt5 s' Liv r " 1 't' y," 4� "i'�k•yy M y ? s a wetland delineation requued"pnor�to > r(Consultants ,A " � tunknrDWRssum the- ermit7 own t r i rfO ffsi(e?� e� s5.` st °z ". Stream Determination Needed? Xyes see comments below r f 5R4rM r cn in1%'$ "sl".. F.naa i F Y Utz y d StreKivir�aamrDeteMrmmationeComp�letetl7r J`fix .; g L '.f,T r,y.,w x.;•i �i+faa -; E.r. `` ' 6-1 = i �"�r�� Does DWR RO need a statement that no wetlandslstreams are disturbed r f_ F(yes for this project from applicant? yd i gx• <- .e i { r , f EBuffeyDetermmationNeetleA-WrI? �x,7x,it;iotx aw„ R t :t L , , _n r ds Buffer Determination Completed? f( �a r(unknown d•'tTi'.�4 Y F Ir"`.A. T '+,Se.4Y ..5.d'"^N'Y}� 'IsK h3 T y t r'�—r,�'vy�irp^.Y "'"f `S` "'. Recycleisystem5permtfe�ist ng�' m-}.' (Perms # •+ ta.. .s� .„,. 5'�na f New Recycle System permit required?` Enough information to determine? L�p4m'&.c"5 v.fbu4o-.'i'wT1n `eY mse•C' Y ^.c :Y .a� s.'Jb','e 'S ,a..' s n.�- •c r v aa, .Non-tlisctiargepsrmrtrexlsting?"� Y -.v ro-�.xl3 e s ,nx^..ss a:_m-.z-0awmr•le+na-uma a'z"i#se .5°arxd" -u •d 3 ..- ..hFel (Unknown. Will wastewaters discharge to HQW waters f—r r(7Q1C Permittee with a 7Q10=0? "' Flow. must determine. 7 . t e " l " Nrl?i F i " r ewremens ` r�,' v i ci '' 000l7Q10Concerns '' j t x11 ° t MLR to holdtithe '. ?ay;back fees or renew k;' iipermit (e g so DWR can rewepv it further'orw ,fOWRi�permit ' _' +�, because DWR regwres more inforMetionj,7� rr�, ?-,r,. 7 r, �' s, s s t} t �� „ ,�' ff Please describe the reason to Pia " X r @ s s a �.' ,Z t ,x' "hold"e?petrol! e a -..> v ffi m to 1 p - s a Tn lz'a t+4w nt rr a s Gs S �RQ CDntaCt r - rs S„ yti h Kv a ( 'Hold Untile „ ," Mine must wait to dewater until an O&M plan is rr x approved? `The NPDES SW and Welljoermit NCG020000 covers closed too rec c)e systems, designed to exclude ail stomiwater run-off imm the system and operate at or below two-feet of freeboard These systems maybe permitted by a Nondischerae Recycle System Permit from the Annular Protection Section (APS) OR may instead be Permitted under NCG020000 to eliminate an additional permit Recycle systems that do not meet those chums are considered disclaiming systems and are subject to the NCG020000 discharge permit "To obtain 7Q10 flows, permit ees must contact the DWR Steamwater Permitting Unit 1iDWR does not have a Rowesbmate fora specific stream,permittees wit)be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q10 Row. USGS will not determine a 70 10 flow for tidally influenced water bodies. "'if there is not enough miormadon to give a complete answer, write in the space orovided what you will need to answer this question completely. if you require DEMLR to hold the permit until further notice indicate that in the question below Ro„sor,wmnor vnin Print this form to POP Return P�I this to to DEMLR CO by emeif. cc DEMLR RO,DW SPU. Send a copy to the permi(tee. ,t Reviewed by: S DWR RO Surface Water:_ Regional Office: Date: _ RO Aquifer Protection Section: Regional Office, Date: From plans provided Basin #1 Basin 93 the "drainage ditch" depicted on plans between Basin #3 and Basin #4 Basin #5 and drainage ditch from Basin 5 are all depicted on Halifax soil survey and subiecl to buffer rules. Site NEEDS to have a riparian buffer determination If stream impacts are proposed form mining or creations of basin a 404 permit and 401 water quality certification would be required, as appropriate. Rav Rpn1>mhwi J01n s s Wehner, Judy From: Smith, Danny Sent: Wednesday, May 28, 20141:21 PM To: Rodgers, Ashley;Wehner, Judy, Holley, John Subject: Nash Brick Attachments: 42-01 DWR REVIEW SHEET May 2014.doc Please see comments.. Sorry for delay.. bims issues Danny Danny Smith Regional Supervisor Raleigh Regional Office NCDENR.Division of Water Resources 3800 Barrett Drive Raleigh, NC 27609 (919) 791-4252 Danny.Smith@ncdenr.gov Email correspondence to and from this address may be subject to the North Corolina Public Records Law and may be disclosed to third sorties unless the content is exempt by statute or other regulation. i Pnnt this room m PDF Refurn PD f this form(o DEMLR CO by email. m DEMLR RO, DWR SPU. Send a copy to the permiffee. MINING PERIIT APPLICATION REVOW FORM farthe DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR; Project Name: Ita Mine DEMLR Permit # 42-01 County: Halifax Applicant's Email: E28@bellsouth.net PERMIT ACTION TYPE: YES NO Date Commencing Fr Ft Have land disturbing activities started? Date? Ft Ft >1972 Latitude: 36.1683 Longitude: -77.9059 Please return comments to (at DEMLR CO): Judy Weimer Comments due by: May 27, 2014 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality?des Comments, The site drains to FishinD Creek and Little FishinD Creek, which is in the Tar Pamlico River Basin. Stream are depicted on the soils survey that coincide to impacts proposed in on plans. Site will need to secure stream determination complV with buffer rules and secure 4041401 authorizations, as anproonate. Watershed/Stream Name & Classification: Fishing Creek and Little Fishing Creek, C NSW DWR Compliance Status of Mine: yes, last inspection on Jan 7. 2010 Does this mine (or previous owner) have DWR back fees to pay? none depicted in BIMS If yes, amount: i,. +u.. ... ., oA" w��r .......,�r .. ee..,, o1 oIn 10 LP 1w un1 No of I awuc pa,nn, u I m n.,11.E YES NO uuknonw [ 401C:Wetland Cert re cored?' : an 401 Wetland Cent. existing? Ft Permit#_ Fr Roes.DWRIRO have enough i formation tor,l - �' No.-Site needss6ufferlstream dete'mmerfa,401r:certification-is-required,.,a . r.,. - , ` °:' ' determmanoh . ^I°" "' Is an O & M Plan needed? YES NO :pfflAK{ " t W .. Are wetlands disturbedP at thisslte? Does DWR RO suspect or know of nearby wetlands to the site? Ft Frunknpwn Pew SAe,AMhAr DMO Print this form to PDF Rehm POF Yhis form to DEMLR CO by email cc DEMLR R0, DWR SPU. Send a copy the pers inns rf D . Is a wetland delineation requir`etl priortol- , (Consultant 't r funknawn DWR'issumg the,permit? - fOnsite? xi Stream Determination Needed? XXyels see comments below r f Stream Ditermination.Completed?, Does DWR RO need a statement that no wetlandsistreams are disturbed r(— r (Les for this project from applicant? iSuffer Determination+Needed�l © - r(, es ' Buffer Determination Completed? r( r(unknown Recyelesystem;;permdexistingP ,'r (P.ermit'#— _. .�rfnaP. - , New Recycle System permit required?` r ( r r Enough information to determine? Non=rlfscha� 1 e;permibeliistin9' 'r (Peimit r(Unknown. Will wastewaters discharge to HQW waters r( r(7010 Permittee with a 7Q10=0? " Flow. must determine. ( Has Violation , q ( O&M Requirements r( HQW17Q10Concerns I`Does,QWR regw[e DEMLR to(hold the < ( Pay back fees or,renew permit (e g so,DWR can review d further or DVVR.permlt�. 'I��IOtlier , becausejDWR regmresmorelinformatibn)1 - e ;r ' -� - �Please describe the reason to ' 'holdAhe,permit: P - : .I ROicontact — - - r( `t Hold Until �i Mine must wait to dewater until an O&M plan is 'r( x approved? — *The NPDES SW and WW oermif NCGO20000 covers closed-loop recycle systems designed to exclude all stormwater non-off from the system and cosmic at or below two-feat of freeboard. Theses stems maybe Permitted by a Non-dischambe Recycle System Permit from the Aouifer Protection Section(APS). OR may instead he permitted under NCGO20000 to eliminate an additional permit Recycle systems that do not meet those criteria are considered dischaming systems, and are ancient to the NCG020000 discharge permit "To obtain 7QIO news, permittees must contact the DWR Smor water Permitting Unit d DWR does not have a flow estimate fora specific stream, permitlees will be asked to obtain one. Permiffees should contact J. Curtis Weaver at the USGS: 919-571-9043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced water bodies. ---If there is not enough information to give a cashmete answer, write In the space provided what you will need to answer this question completely, if you require DEMLR to hold the cannot until further notice, indicate that in the question below. no„aamo..no,en 1 Pent this hom to PDF Return PDSpf this Form to DEMLR CO by email. cc DEMLR RO, DMR SPU. Send a copy to the permiltee. Reviewed bv: • • DWR RO Surface Water:_ Regional Office: Date: RO Aquifer Protection Section: Regional Office: _ Date: From plans provided, Basin 91 Basin #3. the "drainage ditch" depicted on plans between Basin #3 and Basin #4. Basin #5 and drainage ditch from Basin 5 are all depicted on Halifax soil su"ev and subiect to buffer rules. Site NEEDS to have a riparian buffer determination If stream impacts are proposed form mining or creations of basin a 404 permit and 401 water quality certification would be required, as appropriate. Rnv SnntnmMr vm n Wehner, Judy From: Valentine, Thad Sent: Wednesday, May 28, 201411:19 AM To: Holley, John Cc: Wehner, Judy Subject: Ida Mine Renewal Inspection John I inspected the Ida Mine yesterday and I have these few comments, The 100 year flood plan is not shown The surrounding property owners have not been identified on the plans The sample point locations are not shown nor have they been numbered 4. The biggest issue I see is there is a buffered stream that runs through the property that is not shown on the map.There are two crossings, one by culvert and the other is by driving through a low area.This at the very least should be shown on the map and should probably he assessed by DWR Overall the site looks good with no sediment loss due to large holding areas before the basins and heavy vegetation. There is one area at the end of the access road just before entering the Middle Pit where the road berm was removed or washed out that needs to be filled in the dirt or a rock filter.The Mine Manager (Jeff Wyers) indicated that the mine has been shut down for some time and the pits area locked out due to MISHA rules which would prevent them from making that repair until the mine is reopened. Let me know if you need any further info """'+ �'zLrkvR. � � � wQ a o o s J e e Wehner, Judy From: Valentine, Thad Sent: Wednesday, May 21, 2014 3,14 PM To: Wehner, Judy Subject: Ida Mine Judy It will be May 27",the day comments are due, before I can look at the Ida Mine. I just received the application today and I am booked fortomorrow and will be out Friday and Monday t NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary May 7, 2014 MI-MORANDUM RECEIVED TO: Judy Wenner Land Quality Section MAY 07 2014 FROM: Paul Williams LAND QUALITY SECTION Ground Water Management Section Division of Water Resources SU13.1ECT: Comments on the Mining Permit Renewal Request f-or: Nash Brick Company Ita Mine Halifax County The ita Mine, located in Halifax County, does not appear to have an unduly adverse cf fect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22E-1. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more to any one day of ground water or surface water to register and update withdrawals. ']'his statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. I I'you have further questions please contact the Division of Water Resources at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-161 1. 1611 Mail Service Center,Raleigh,North Carolina 27699.1611 Phone:919-707-90001 Internet,vvww.ncdenr.gov An Equal Opportunity 4 Affirmative Action Employer—Made in part by recycled paper o NC®ENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor May 5, 2014 Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources MAY 8 2M4 FROM: Brenda M. Harris 0FWq"j%0LWM Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Nash Brick Company Ita Mine Halifax County Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51 (3)). Please respond by May 27, 2014 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Sectiomi_Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604• Internet: http://portal.ncdenr.org/web/Ir! An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper e e e , q ^n MINING CHECKLIST FOR ROUTING A)7k4 5 Nave: lU M 1� uIIIN' Pro)td Now 1 q Anl([.IPnA1R Na--: �a {)I candy: �'IJ-f14 Dd[Recelyd: 3111 ��� RM.. 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RMW Rad ••SRsyM Ddte fOP Co=ents: 1 I I d.. a e�(� (Ra 4Mr"75 AT fro==dyt) ❑ Am wk tke fo vbV: Jt-d-r L I wl PAW)) NMI" /1lY/.iee/ Y)1�o IS d✓h/NL/ / I� .7. ( � ate- U L7 MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor May 5, 2014 Secretary RAr7Mr'%0 AK1r'%1 IRA rvr�rvrvnrr�>J�rvr TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Nash Brick Company Ita Mine Halifax County Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 27, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a . site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RC 1 UM Y P%, i+rri_i��..ii•rIOI,Y Rr1nl�01A1 0 Aklr% RF1AOC2 �ArITL1 Vnl ID DF\/IEvu rnlUfMPNITG TO THIS OFFICE. - Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments. cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section •Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-707-92001 FAX: 919-715.8801 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet:httpalportal.ncdenr,org/web/irl An Equal Opportunity 1 Affirmative Action Employer—50% Recycled 110%Post Consumer Paper per tt®CDENR North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, Ill Governor May 5, 2014 Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for Nash Brick Company Ita Mine Halifax County Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable groundwater supplies (G.S. 74-51 (2)) or groundwater quality (G.S. 74-51 (3)). Please respond by May 27, 2014 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. John Holley Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section-,Land Quality Section 1612 Mail Service Center,Raleigh,North Carolina 27699-1612.919-707-9200 I FAX:919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604•Internet:http://portal,ncdenr.org/web/Ir! An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110% Post Consumer Paper Pnnt this form to PDF Refum PDF of fhis form to DEMLR GO by ama2 cc OEMLR RO, DWR SPU. send a copy to the permittee. MINING PEROT APPLICATION REV#6 FORM forthe DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Its Mine DEMLR Permit# 42-01 County: Halifax Applicant's Email: E2S@bellsoulh.net . PERMIT ACTION TYPE: rr rr YES NO Date Commencing Have land disturbing activities started? Date? r r !— ( >1972 Latitude: 36.1683 Longitude: -77.9059 Please return comments to (at DEMLR COI: Judy Wehner Comments due by: May 27, 2014 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? r,, ems Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401Wet1and Bert. required? rf rt 401 Wetland Cent. existing? r( Permit#_ rt Does BWR RO ha a enough information to r r I—f determine if a 401 certification is required? Is an O & M Plan needed? YES NO Are wetlands disturbed at this site. r r r Does DWR RO suspect or know of nearby r f r t wetlands to the site? r , _ Jo Is a wetland delineation required prior to f (Consultant r f DWR issuing the permit? F IQnsite3 Rn„s=�ro,�no.vmn Pont(his form to PDF Return PDF of this torn to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. �,Offsite? ._ . . __ . . .. . _ - .._ ... ., .. . .. - .mow• .. Stream Determination Needed? r ( r f Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed r( rf for this project from applicant? Buffer Deterr»inationiNeeded? Buffer Determination Completed? r ( 7 f - . Recycle system permit existing?* r (Permit #New Recycle System permit required?' r ( r ( Enough information to determine? i Non-tl(scharge+permdexisting7* : ' r (permit# r f (Unknown. Will wastewaters discharge to HQW waters rr r(7Q10 Permittee with a 7010=0? •" Flow: must determine. r ( Has Violation.Violation ,, ... HQWl7Q uirements .!. F ( OgM'Re 10.Concerns Does DWR•rdquiie DEMLR topholdmthe 'U'Pay'back fees or renew permit (e'gi-so�,DWR can,review it further or �i DWR perm It bedauie DWR requires rtiore information)7 i r ( Other. . . I P.lease�describe the reason to (hold the,,permit RO^contact ' Mine must wait to dewaler until an. ngnn plan !a r r approved? 'The NPDES SW and KW permit NCGO20000 covers closed-loon recycle systems. designed to exclude all stormwatermn-off from the system and operate at or below two-feet of freeboard. These systems maybe Pemmried by a Non-dischame Recycle System Permit from the Ailu'fer Protection Section (APS) OR may instead be permitted underNCG020000 to eliminate an addit'oneloerm't Recycle systems that do not meet those efforts are considered discham/nP systems and are subject to the NCG020000 d'schame permit "To obtain 7Q10 flows, permittees must contact the DWR Stommwater Permitting Unit. If DWR does not have a flow estimate for a specific stream,permjttees will be asked to obtain one, Permiffees should contact J. Cents Weaver at the USGS:919-571-4043, for more information on obtaining a 7Q10 now USGS will not defermine a 7010 flow for tidally influenced wafer bodies. "'If then;is not enough information to own a complete answer, write in the space Provided what you will need to answer this guest on completely, if you require DEMLR to hold the Permit until(urthernatice indicate that in the question below Rnv SanmamFar 9Mn Pnnf @is fonn to PCF Return PDF aF this Form to DEMLR CC by owed cc DEMLR R0, DWR SPV. Send a copy to the permithee. Reviewed bv: 0 • DWR RO Surface Water Regional Office: _ Date: RO Aquifer Protection Section: _ Regional Office: _ Date: Rw fionfamhpr 2010 Wehner, Judy From: Wehner,Judy Sent: Friday, May 02, 2014 4:39 PM To: Smith, Danny Cc: Rodgers, Ashley; Holley, John; Valentine, Thad; Dupree, Joe Subject: 42-01 DWR REVIEW SHEET 2013 Attachments: 42-01 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of Nash Brick's Ita Mine. t APPLICATION FOR A MINING *MIT • �/ NORTH CAROLINA DEPARTMENT OF ENVIRONMEN1I RECEIVED AND NATURAL RESOURCES LAND QUALITY SECTION MAY 0 2 2014 APPLICATION FOR A MINING PERMIT LAND QUALITY SECTIOt' (PLEASE PRINT OR TYPE) I. Name of Mine Ita Mine County Halitex River Basin Tar-Pamlico Latitude (decimal degrees to four places) 36.1683 Longitude(decimal degrees to four places) -77.9059 2. Name of Applicant* Nash Brick Company 3. Permanent address for receipt orofficial mail** PO Box 560 Red Oak. NC 27868 Telephone (252)451-7813 Alternate No. ) 4. Mine Office Address PO Box 560 Red Oak. NC 27868 Telephone (252)451-7813 5. Mine Manager .left-Wyers We hereby 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 A/Af62%LC Co.�`/: /�/,(/ (�/�� Date oY 2 'i 1 Print Name Jeff Wvcrs Title Assistance Secretary/Treasurer * This will be the name that the mining permit will be issued to and the ;;ame that ;Host be i;:dioated o:: the reclamation bond (security) that corresponds to this site. ** 'The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature orcompany officer required. G.S. 74-51 provides that the Department shall grant or deny an application fora 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 tiling 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. APPLICATION FOR A MINING AMIT O NOTE: All of 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 of the following that apply: ❑ If 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 that 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: ® Ifthis is an application for RENEWAL of mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 42-01 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 492 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 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.ofthis application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit,will any portion of this acreage be affected(i.e.: disturbed. ground cover removed) by the mining operation? Yes ❑ No ❑ (11'no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name ofall materials mined: Clay 3. Mining method: H Hydraulic Dredge N Front-end Loader & Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 55' Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural ground level b. Expected average depth of mine (feet) 40' 5. Has any area(s) at this site been mined in the past? Yes ® No 71 APPLICATION FOR A MINING 10MIT O If yes, when and by whom was this activity conducted? Nash Brick Com an 6. Number of years for which the permit is requested (10 years maximum): 10 13. MAPS 1. Clearly mark and label the location of your mining operation on six(61copies 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 OR 512 North Salisbury Street; 5"' Floor Raleigh, North Carolina 2 7699-1 6 1 2 Raleigh, North Carolina 27604 (919) 733-2423 littp:Hportal.ncdenr.orp/web/Ir/geolog:ical home County highway maps may be obtained from the N.C. Department of'Transportation: North Carolina Department of Transportation— Geographic Information Systems (GIS) Mailing Address: 1'hvsical Address: MOnn'r r-ic I r. :, \lrtflnT r:iC 1 T_ 1 V t.L J t J 1 t J l J iJ l l l l 1 V v L V 1 U l U V l I l l 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 http://www.nedot.ork,/it/ ,is/ 2. 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. As a reminder, mining permits can only he issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) 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. 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(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. Location 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. APPLICATION FOR A MINING ISMIT • 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. Ifan 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 adioinint, these tracts, that are within 1,000 feet of the minim 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. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 fee( 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) APPLICATION FOR A MINING PACMIT 0 A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation 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: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 3.4 Stockpiles 2.0 Wastepiles 4.0 Processing Area/Haul Roads 10.4 Mine Excavation 71.48 Other (Explain) 0 -hotal Disturbed Acreage 91.28 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TOTHE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORA). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. APPLICATION FOR A MINING PIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reftrence the sequence to the mina rnap(s). Attach additional sheets as needed. Mining will continue as previously permitted under a modification request in 2004. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation(include specific plansfor sedimenl and erosion control for mine excavalion(,), ;�-aste 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 crass-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Erosion control consists of five sediment basins. Basins 1, 2,and S consist of riser/barrel systems. For l3asin No. 2, a brick check dam is also provided. Basin 4 consists of a rock check dam. Basin 3 has not been constructed at this time: it will only be constructed ifstormwater runoffdoes not drain to Basin 4. Downstream of me f CID)and tccfusc Disposal are brick check dams. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling'? Yes ❑ No®. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water Isom the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. Ifyes, briefly describe the nature ofthe discharge and locale all proposed discharge points (along ii ilh their method of slabilizalion) on vour niine map(s). APPLICATION FOR A MINING P0IT 0 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 Z. If yes,what impact. i f any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in aallons per day: Locale all exislinz it ells on the mine map(y) that lie i0thin 500 feet of the proposed excavation area. Provide data to support any conclusions or statements 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. Public water supply is available in the area although some private wells provide the water supply for the various businesses and residencies in the area. Excavation below the water table should not impact these wells. No groundwater is removed from the excavation. The excavation will be conducted below the water table by a series of pits with excavation conducted in each pit as long as possible before significant water accumulation occurs. d. if you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permits)(i.e.,non-discharge,NPDES, Stormwater,etc.)from the Division of Water Quality; Water Quality Section. in addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The facility has NPDES Permit No. NCG020765. The Nash Brick Facility also has two non-discharge permits for the treatment of petroleum contaminated soils (Permit Nos. SR050073 And SR-RRO-003). 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ® No ❑. 11' 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. Nash Brick has an air permit for this facility (Permit No. 5128R12) b. I-low will dust from stockpiles, haul roads, etc., be controlled? For the stockpiles, the natural moisture content in the soil in addition to compacting the material under equipment wheel loads has prevented dusting. For the haul roads the exposed ground will be wetted as necessary to minimize dusting. APPLICATION FOR A MINING O.RMIT 0 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 pert-nit 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 fect is recommended, although a wider buffer mace hn nr.+nt c+/t r-Innanrlincr nn citP rnnr�ifinnc .C'LIn1.0 n]] ],1/�{a l• ]/]/'III I/1NS' /IN/] i.11i/]!]-Ic nvl 141/ Nil iYlU l llLL,' Vl. LIVI•Ulr 11 U4t.l V14UllLL V[l JrLV VVLLaa[Li VIIJ• U[[V yr a.[[[ L�L,�I I.r [V�a.[[[vr[.r �[r[vs rr a[.r[r[J •ir[ ra[a. •r[[r[ . tnap(s). Buffers are at least 50 I't. from property lines, permit limits, and right-of-ways. 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? Shoty all buffer locations and widths on the mine map(s). At least a 50 ft. buffer is provided between mine areas and wetlands, streams, and other natural bodies of-water. G. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or Ilatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are general ly required, unless technical justification can be provided to allow steeper slopes. A 2:1 (H:V) slope is maintained above the water table for the perimeter of the excavation. APPLICATION FOR A MININARMIT O b. Provide a cross-section on the mine map(5) for all.fill slopes (berms, vva.stepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting clesign information) if neecleCl, and the method of.final slabilizalion. c. In excavation(s)ol'unconsolidated(non-rock) materials, specify the angle ofall cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must he provicled on the mine map(s). No benching will be conducted. Cut slopes will be 2:1 (I-I:V) along the perimeter of the excavation. d. In hardrock excavations, specify proposed bench widths and heights in feet. Proricle cross-section., of the mine excavation clearly noting the angles of'ihe cast slopes, iviclihs of'all safety benches and mine benches, and the expected maximum depth cif the excavation. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locale all such structures on the mine map ifthev are within 300 feel of anv Proposed excavation. None 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 conslrtiction derail/cross-section and location of each type of barricade to he used must he indicaled on the mina map(s). No high walls will be constructed at this mine. APPLICATION FOR A MININPERMIT 9. Are acid producing minerals or soils present? Yes ❑ No Z. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 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. Sho« the location of all visual screening on the mine maps) and provide cross-sections through all proposed berms or proposed spacing, sues and species for tree plantings. The majority of the mine is screened by the wooded areas. 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? LIU IYo 11. Will explosives be used? Yes ❑ No ®. If yes; specify the types ol'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 offsile occupied structure(a) to the proposed ercai,alion(v) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes ® No FT If yes, describe these materials, hoiw they u4/1 be stored and method of conlainment in case ofspill. Indicate the location(y) of all storage facdrlles on the mine map(1). Motor oil and other products required for equipment maintenance are stored in one of the on-site facility storage sheds. Petroleum tanks have secondary containment systems. APPLICATION FOR A MININARMIT • I). RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and ueneral methods to be used in reclaiming this land. "Phis 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 he illustrated on a reclamation mop and must correspond directly i►ith the infbrrnalion provided on the mine inap(s). In addition, design information, including typical cross-sections, of any permanent channels to he constructed cis part of the reclamation plan and the location(5) g1'all permanent channels must he indicated on the reclamation map. The land will be revegetated in grass. The majority of the areas mined will be under water upon completion of mining. Land above the water will be sloped to drain by gravity to the water bodies Formed by the excavation. 2. Is an excavated or impounded body of water to be left as a part of the reclamation'? Yes ® No ❑. If yes, illustrate the location of the body(,;) of water on the reclamation map and provide a scaled cross-section(v) through the proposed body(y) ofwater•. 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 more shallow water body will be productive and beneficial at this site. ...... 1__ L_J_J_\ l`__._. 1_.. 1__.] L L-..Lo \r-- (V1 AT_ I I wIII the body(s� of water b-e stocked with fish. cs 14�2,1 1,4u U. Ifyes, specify species. The lake will be stockpiled with bass, bream, and other species of fish native to the area. The local wildlife biologist will be consulted concerning the addition of these species. 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 he shown on the reclamation reap. N/A APPLICATION FOR A MINING*RMIT • 4. [ndicate 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 rnap. The overburden piles will be leveled and graded for positive drainage prior to revegetation. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Stockpile and roadway areas will be leveled and sloped for positive drainage. No ditches are associated with these roadways, which are flush with existing ground or are elevated by filling. The facility will remain intact for commercial resale value. b. Will any on-site roadways be left as part of the reclamation? Yes ❑ No ®. lfye.s, idenlifysuch roadways on the reclamation map and provide details on permanent road and Glitch line slabili_ation. 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 19/1.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources,Land Quality Section 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 cope of said permit must be attached to this application. fill temporary and permanent ref tse disposal areas must be clearly delineated on the mine map(v) and reclamation nrcip, along irith a list of items to be disposed in said areas. Refuse material will primarily consist of inert debris. The material will be covered with at least 2'of final soil cover. APPLICATION FOR A MININ(TERMIT 0 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 Division of Forest Resources, Department of Environment and Natural Resources; 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 Division of forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; In. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (poundslacre): [NOTE: Include Legumes] Seed Tvnes: Seeding Dates: Seeding Rates: SEE MINE MAPS MULCH - TYPE AND RATE OF APPLICATION (poundslacre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan pproved by: Signature �,Dw /S� Date Print Name T. Patrick S lington. P.E. T Title President Agency Engineering & Environmental Science Co. APPLICATION FOR A MININARMIT • E. DETERMINATION OF AFFECTED ACREAGE AND BOND The follon�ing bond calcadation workrheel is to he used io establish an appropriate bond(based upon to range afS500 to S5.000 per all ectecf acre)for each permitted mine site based upon the acreage approved by the Department to be(ffecled during the life of the mining permit. Please insert the approximate acreage, for each aspect ofthe mining overalron that you intend to affect during the life of this mininoe too mit(in addition please insert the appropriate reclamation cosilacre for each cate)Zory from the Schedule of Reclamation Costs provided with this applicalion form) OR von can defer to the Department to calculate vour bond for you based noon Parr maps and standard reclamation costs AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 3.4 Ac. X $ 2500 /Ac. — $ &500 Stockpiles: 2.0 Ac. X $ 2500 /Ac. _ $ 5.000 Wastepiles: 4.0 Ac. X $ 5000 /Ac. _ $ 20.000 Processing Area/l-laul Roads: 10.4 Ac. X $ 5000 /Ac. _ $ 52 000 Mine Excavation: 71.48 Ac. X $ 2000 /Ac. _ $ 142,960 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 91.28 Ae. (TOTAL PERMITTED AC.: 492 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 oflsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 70.39 Ac. b) Positive Drainage 20.9 Ac. X $1,500.00 = $ 31 350.00 SUBTOTAL COST: $ 259,810.00 Innation Factor: 0.02 X SUBTOTAL COST: $ 259,910.00 X Permit Life (Ito 10 years): 10 INFLATION COST: S 51,962.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = S 311,772.00 Total Reclamation Bond Cast: S 311.700.00 II (round down to the nearest $100.00) ob nkkd °l %`oSpha U APPLICATION FORA MININARMIT 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: ` APPLICANT: 1l Signature: B ' f Signature:* A%A gA.'e �'�✓� Print Name: Jeff Wyers Print Name: Jeff Wvers (Title, if applicable) Company Nash Brick Company Title: Assistant SecretarvlTreasurer (Ifnpplica le) Address PO Box 560 Company: Nash Brick Company Red Oak, NC 27868 Minc Name: Ita Mine Telephone: 252. 45i. yft3 X2y Telephone: 252. 451. 7/$13X2y Date Signed: 67 N Date Signed: 07. / y *Signature must be the same as the individual who signed Page I of this application. One orieinal and five (5) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appronriate processing fee(see next page forfee schedule) in the form a cheek or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Oualitv Section 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. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources I and fliiaklm Cnreinn James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary July 21, 2010 Certified Mail Return Receipt Requested 7008 1830 0001 8839 2974 Mr. Jeff Wyers Nash Brick Company PO Box 560 Red Oak, North Carolina 27868 RE: Permit No. 42-01 Ita Mine Tar County Dear Mr. Wyers: We have received the $213,200.00 Irrevocable Standby Letter of Credit No, 9512496803-00002 issued by Branch Banking and Trust Company for the above.referenced mining operation. As this new irrevocable standby letter of credit sufficiently covers the mining operation, the enclosed Irrevocable Standby Letter of credit No. SM201425W for $213, 200.00 issued by Wachovia Bank, NA is hereby released by the Department of Environment and Natural Resources. If you should have any questions on the above, please contact me at (919) 733-4574. _Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: Irrevocable Standby Letter of Credit No. SM20142SW cc: Mr. John Holley, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604•Internet:http:/twww.dlr.enr.state,nc.uslpagesllandqualitysection.himl An Equal Opportunity 1 Affirmative Action Emptoyer—50%Recycled 110%Post Consumer Paper NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary August 8, 2005 Mr. Don Bowden Qr�" W4-WS rslv,- olVA Nash Brick Company PO Box 962 P 0,&x ��� a-/5 (,� Rocky Mount, North Carolina 27802-0962 D, L �C RE: Permit No. 42-01 �1„�I J Ita Mine �.•��� � Halifax Countyt Tar River eazsinl ` 1 Dear Mr. Bowden: �'_. r -..cent r.,ques'+ t„ h„►a the ab-nvQ referenced mining permit modified has been 1 UUI IGLGIII YGMuc...�� L� ��u+v approved. The modification includes the addition of a new clay storage building, a new employee break room, a new septic tank and lateral field system and a 1.94 acre Land Clearing and Inert Debris Landfill as indicated on the General Facility layout Map dated May 16, 2005. 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 insure compliance with The Mining Act of 1971. The expiration date, 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: Operating Condition Nos. 4E, 11 F and Reclamation Condition No. 2G. 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 492 acres and the amount of land you are approved to disturb is 91.28 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%,Post Consumer Paper Page 2 Mr, Rnwrign, Please review the modified permit and Contact Kristin Hlcldln, Assistant Mlning Specialist, at (919) 733-4574 should you have any questions concerning this matter. 5loys, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWjw Enclosures cc: Mr. John Holley, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT r ro_r t as_h r e operation or a mining activity In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Nash Brick Company Ita Mine Halifax County — Permit No. 42-01 for the operation of a Clay Mine Which shall provide that the usefulness, productivity, and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 4, 2014 Page 2 In accordance with the application for this mining permit,.which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this pen-nit, 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 fife with the Department, and may survive the expiration, 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, 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 hwarinn at the dPginnatPd time anti nlnrp on anv nronnsed modification; revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Whenever 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. Modifications April 14, 1992: This permit has been modified to allow stockpiling of petroleum contaminated soils in accordance with the Soils Containment and Treatment at Brick or Asphalt Production Facilities Permit No. WQ0005181 and sheets 2 & 3 of the Petroleum Contaminated Soils Storage Plan dated May 28, 1991. March 8, 1996: This permit has been modified to allow mining on an additional 2 acres of adjoining land as indicated on the modification request dated March 2, 1994, additional information dated May 27, 1994, and mine map received by the Land Quality Section on March 4, 1994. September 8, 1999: This permit has been modified to incorporate the Powells Creek Mine (Permit No. 42-13) into the existing permit and to increase the affected area to 80.78 acres as indicated on the mine map, Sheets 1 through 3 dated April 1, 1999. Page 3 December 17, 2004_ This permit has been modified to increase the affected acreage at this site to 91.28 acres. The modification includes the addition of 10.5 acres of affected land for mining within the permit boundary. Auizwst 8, 2005: This permit has been modified to include the addition of a new clay storage building, a new employee break room, a new septic tank and lateral field system and a 1.94 acre Land Clearing and Inert Debris Landfill as indicated on the General Facility Layout Map dated May 16, 2005. Expiration Date This permit shall be effective from the date of its issuance until June 4, 2014, Conditions 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: OPERATING CONDITIONS: 1. 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 Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. 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. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. Page 4 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any.lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the Erosion Control Details Map dated February 27, 2004, the Facility Layout Map dated September 8, 2004, and the supplemental information submitted by Engineering & Environmental Science Company dated October 5, 2004. C. Silt fence shall be installed and maintained along the toe of all proposed fill slopes for earthen berms to be constructed at the site until the berms have been stabilized with permanent ground cover. D. Silt Basin No. 2 shall be provided with an adequate level spreader such as a flat riprap apron with a downstream level lip to prevent erosion of the discharge point. E. Mining activities related to the addition of a new clay storage building, a new employee break room, a new septic tank and lateral field system and a 1.94 acre Land Clearing and Inert Debris Landfill shall be conducted as indicated on the General Facility Layout Map and LCID Details Map dated May 16, 2005 and supplemental information dated June 20, 2005 5. All affected area boundaries (91.28 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosions 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 ground cover, devices or structures sufficient to restrain such erosion. 7. 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. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. Page 5 11. 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 Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse defined by 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 Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed, 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. E. Stockpiling of only petroleum contaminated soils shall be conducted in accordance with Permit No. WQ0005181 issued by the North Carolina Environmental Management Commission. F. The disposal of land clearing and inert debris shall be conducted as indicated on the LCID Details Sheet dated May 16, 2005 and in accordance with 15A NCAC 13B.0563(2) and any other rules promulgated by the Division of Waste Management. Page 6 12. An annual Reclamation Report snail be submitted on a form supplied by the Depariment by February 1 of each year until reclamation is completed and approved. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $213,200.00 Irrevocable Standby Letter of Credit, 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. 15. 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. B. Pursuant to N. C. G. S. 70 Article 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. Page 7 APPROVED RECLAMATION PLAN 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. The approved plan provides: Minimum Standards As Provided_By G.S._74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. 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. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. 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. 6. 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. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore portions of the mine excavation to lake areas and to iegrade and satisfactorily revegetate any other disturbed areas as indicated on the Reclamation Plan Map dated February 27, 2004, 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: Page 8 A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. Side slopes to any lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. All the final perimeter sideslopes not left as lake excavations shall be graded to a 2 horizontal to 1 vertical or flatter slope. D. Any settling ponds or sediment basins shall be backfilled and stabilized. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11A through 11 F. H. 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 Revegetation Plan approved by Mr. T. Patrick Shillington, PE, on April 12, 2004. 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. Page 9 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. This permit, issued August 14, 1972, renewed September 2, 1982, renewed and modified April 14, 1992 modified March 8, 1996, and September 8, 1999, renewed June 4, 2004 and modified December 17, 2004, is hereby modified this 81" day of August, 2005 pursuant to G.S. 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources ugam0 1 — „ ,„.,N,. 3, 2, - - �., c I mom .. GIs _ µ,�YnC�otl�av Y feu O�BUPQ CROSS-SECTION A-A' CROSS-SECTION B-B' ------- ,�. CPnuell ...n........Ph....11 5>nl".I 5 xo� nnexu W .+•so ea�ma STATION NUMBER ° eo eo�eonul I � ,r // �"` +'•sv.naa �.,sw�y p STATION NUMBERLCI / Cun.�n EMuuEJ YpM y GIs Legend I 5 ..1. NINI ... NUL W IN AllINN. NNNN� / ilti ', . 'Millie In I. �. .d4 `�, ._....__.�._�.._.._... .i LL IN, .w A NNN _ ....�1N. � — rY� r wrc 5 _ ,r NI I.CNINNNNNI &,3, "x _— xssi.x�,:Sex ^� .^ INN.-_.; p\ WIG ... / ' IN, ` GIs aX . �°I�<w IN. m JUL-20-2005 WED 03:36 PM DENR RRO FAX NO. 19195714718 P, 01 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF AIR QUALITY Project: County:., + ^ - **Due Date for Comments Back to Land Quality Section: -1'—la Will the operation, as proposed, violate standards of air quality? IVv Comments: YES NO Air permit required Air permit existing Permit #QCizs'f _ ry o v 2 Oop 7 3 Other Comments: Reviewed by: Data: GUS Print Name: 1] n urn » a t— Post-il° Fax Note 7871 -]p-o)��»0°3� PM1OOOY _ Rune° ,..» sys PdYY JUL-20-2005 WED 03�37 PM DENR RRO FAX NO. 19195714718 P. 02 1 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OF WA TER QUALITY i project- _ _ County: F WK "Due Date for Comments Back to Land Quality Section: Will the operation, as proposed, violate standards of water quality? ... Comments: Inlatorchar�l�Traam f\{arrtea R ('laccifiratinn•�rl�,,._ / � �� l ., NJ`^� YES NO NPDES permit required NPDES permit existing ✓(Permit #NCG� Oaro Nondischarge permit required Nondischarge permit Existing (Permit ) Wetlands disturbed 401 Wetland Cert. required 401 Wetland Cert. existing (Permit # ) Reviewed by: � Date: Print Larne- �- _ -. N1 SELY 1G12QQo CROSS-SECTION A-A' CROSS-SECTION 8-9 pp PW r} Fr r _ - aY;� STATION NUMBER j _. m �+e�rw STAVP MIMSER Dann Nm.6 md7 Uaulh .., O .r.a..r.r..�. / rr n nou .Ig / _ na -•-_ n....`r. xr 1..�. 1...,.ra .a.. .. _-. ....�..... ppg .� .,aro... .r.m .._. ....,_.�._ o _ ..... ... Wdh — _. e .... .... "u"itf`n'+Y`7"n IRe: Ida Mine Subject: Re: Ida Mine From:john holley <john.holley@ncmail.net> Date: Wed, 20 Jul 2005 15:25:05 -0400 To: Judy Wehner <Judy.Wehner@ncmai 1.net> CC: Floyd Williams <Floyd.Will iams@ncmail.net>, Tracy Davis <Tracy.Davis@ncmail.net> As I mentioned to you in my phone message today, the following are our comments on this site: The proposed S&E measures appear satisfactory. Pat has provided calculations that demonstrate the adequacy of the proposed brickbat dams with respect to structural as well as hydraulic stability. The existing devices have always provided sufficient sediment containment for the affected areas, and will provide additional back-up protection for this site. The permanent drainage system also appears adequate. DWQ and DAQ have not noted any problems either (I am faxing their comments to you) . I would recommend approval with the provision that they obtain any solid waste permits that may be required for their proposed LCID landfill. If there are further questions, please advise. Judy wener wrote: I need comments on the Ida dine. They were due July 18, 2005, John L. Holley, Jr., R.E., CPESC <John.Holley@ncmail.net> Regional Engineer Land Quality Section DENR 'V V U y V V 1 of 1 7/20/2005 3:39 PM 1� NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary John Morris, Director July 15, 2005 MEMORANDUM TO: Brenda M. Harris REI C E IVE D Mining Program Secretary Land Quality Section JUL 15 2005 FROM: Kristen McSwain LAND QUALITY SECTION Water Allocation Section Division of Water Resources SUBJECT: Mining Permit Modification Request for: Nash Brick Co. Ita Mine : Mining Permit 42-01 Halifax County Please find attached a copy of the mining permit modification request for the above referenced project. The Ita Mine located in Halifax County appears to not have all unduly adverse effect on ground water supplies. However, future monitoring of adjacent private supply wells may be required if adversely impacted from the dewatering of the Surficial aquifer at the Ita Mine. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws ill one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. Additionally, a Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. if you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. One 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NorthCarofina Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org ;Vatumlly 0 A:-;Av NCDENR North Carolina Department of Environment and Natural Resources n;..,;eir%n r%f i mnr1 Rneniirroe vlrwwll v1 ��11 a •LV VNIVLV Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Nash Brick Company Ita Mine Nash County ❑ Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on July 18, 2005 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to ha\fP inv rarnmmanrlatinnc vni i may nrnvidp fnr nermit rnnditinnq fnr raasnnahlp protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. John Halley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator R�Cf:dVf-J Wildlife Resources Commis ion r FROM: Brenda M. Harris Mining Program Secretary V+NO QUALITY Land Quality Section SECTION SUBJECT: Mining Permit Modification for Nash Brick Company Ita Mine IN I lUUIIly Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)), Please respond by July 18, 2005 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh ,r�{I o com�• Attachments cc: Mr. John Holley Aan_r"fY� 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,Norih caroiina, 27604 i • e MINING CHECKLIST FOR ROUTING (� Applicant's Name: 4A.o.f� " ed . Project Name: 91, M ; Applic./Permit No.: a I County: fi " ' Date Received: Co aa� Of Reviewer. _I i v`Lf� i River Basin Name: ter/},- / ❑ New ❑ Ren'ewal � odification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release ❑Additional Information ❑ Fee Needea: $ Arse Received: $ � • tion package top . A'(.Ua L Regional Office (2 complete copies; attach theme"LQ5 Re Tonal Office Mining Application Review Checklist"to one copy and attach p2*,h`�t_he DWQ a AQ "Mining Application Review Form"to the other copy; send bath copies tot e- ,egi na ngmeer) Date: Routed �a ec�d) �/' '- of Water Resources Date: Routed Rec'd �C Wildlife Resources Commi55ion Date: Routed Rec'd ❑ U5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to• /— ❑ Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'cl (Only new applications) ❑Other. Date: Routed Rec'd "5u5penoe Date for Com l'nent5: (no later than 25 days from receipt) p Please note the following: Q1/ 4!4ad r t 2chtMc� � �✓/ ��-�/v� C� r� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P,G,, P.E. Michael F. Easley, Governor Director and State Geologist June 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commis ion FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Nash Brick Company Ita Mine Nash County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 18, 2005 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedif f lel lItatiol n. However, al ly colI11I[I lenits your agency can kk provide regard 1; Ig effects of f wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 1 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR - North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 28, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Nash Brick Company Ita Mine Nash County ❑ Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on July 18, 2005 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ENGINEERING 8 ENVIRONMENTAL SCIENCE CO. INC 1470 80 AHUEERW DRW GGURE im SWUH.NC IMM E ° � 4 p16 N s 25o,OtJ UO"RS e ®FOR rpp 147pG• 1:0531016261: 2pppp 17455264G• t 1 b NORTH CAND NATURAL RESOURCES ENV1120NMENTj3SAlf17b00 Grr'vt� LAND QUALITY SECTIONlyn/. APPLICATION FOR A MINING PERMIT 01/).j;o,Ij (PLEASE PRINT OR TYPE) I. Name of Mine Ita Mine County Halifax River Basin Tar-Pamlico Latitude (dd.mm.ss)36°10'l0"N Longitude (dd.mmss) 77°54'16"W 2. Name of Applicant* Nash Brick Company 3. Permanent address for receipt of official mail** P. 0. Box 962 Rocky Mount, NC 27802 Telephone (252) 451-7813 4. Mine Office Address same Telephone same 5. Mine Manager Don Bowden We hereby certify that all details contained in this Permit Application are true and correct to the best of our kduv+l2dg2. We fully understand t.,... ally MUM, misrepresentation of facts will be cause for permit revocation. �,l//''��JJ //JJ ***Signature 0,," Date Print Name Don Bowden Title W c.P. lre, .:Pte l` 45PLee T9r` 11 * 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. ** TL•e Land Quality Section mist be notified of any changes t,-, &e permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt ofa 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. -1- I o APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining __._tee__ r___ �1_.. ___`-__�__� vr.. _r �L_ ---'-- .. • it _______-- ---__-� L. .. _'-__-'-- ----__-- -' _ . operation luT he intended hIC of h.e mine. I I! responses fnusf ue clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: I 1. a. If 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 that 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: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and thie total `overall) [1Glcagc covered by Llle existing Pen-111l: !Mill-ing I-Gllllll No.: _ I OLUI 1XIMULVU acreage (this is the acreage that the "renewal" fee will be based upon): i c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the exist' ig permit: Mining Permit No.: 42-01 t Total permitted acreage: 0 i Does the modification involve acreage within the previously approve permitted boundary? Yes X No�. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification"'fee will be based upon): 3 Does the modification involve acreage outside the previously approved permitted boundary'? Yes No x . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form ell Ll llGU INUMI .ativil VI t1UjVlning Landowners. Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no,a"minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: I ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO oc nA r1l Vdr-% ) Tr]C 11ril11:17orrurl nirn%Arm A A rllr% 1�1\%""RIO A Z'"ff, A !',n &Trirvin" ul: 1 toll 11V11. 111 L' 1\L' 11V11�71 L' 1J [ L'i\lvlr 1 t•l.1 lVlgko)tl1\1l I.VRRISor V1V Ul1�V P►<.RGHV L' 1�V l GU ABOVE 2. Name of all materials mined: Clay 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel &Truck Dragline & Truck X Self-loading Scraper X Other (explain) I 1 it 5 I II s 1 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) approx 40 feet Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural ground level V v b. Expected average depth of min Ie (feet) approx 20 feet T 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this.activity conducted? Nash Brick Company 1 6. Number of years for which the permit is requested (10 years maximum): 10 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: N.C. Geological Survey NCDENR 1'612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 7 1 5-9 7 1 8 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 0 APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings,aerial photographs or enlarged topographic maps of the entire mine site. All asliects of the mine site must be clearly labeled on the maps along with their corresponding (approximate),acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to cl i early 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. 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 (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. Location 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 Meet 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. 1 q. Map legend: 1. Name of applicant 2. Name of mine ' 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch= 50 feet 100-499 Acres 1 1 inch= 100 feet 500+ Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) i IL - North Carolina _ • Department of Environmen4d Natural Resources t • Division of Waste Management, �r ichacl F. sSecretaryGovernor W Ross NC D ENR William G. Rosss Jr., Secretary i Dexmr R. Dfattbnvs, Director LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION I Pursuant to 15A NCAC 138 .0563f21(al, the land owners) and operatorlsl of any Land Clearing and Inert Debris Landfill under two 121 acres in size shall submit this notification form to the Division poor to constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification under the name of the ownerfs) of the land in the county or counties in which the land is located. The Register's seal and the date. book, and page number of recording must be included on this form when submitted 10 the Division, This notification is not valid to authorize operation of a landfill unless complete. accurate. recorded. and submitted to the Division as required by 15A NCAC 13B .015�53(2)(b).(� /' 1. Facility Name: N✓5°I /J t"'� '\ L�owlt?a" 4 �y 2. Facility location street add r ee s l: i32- A/nJi1 vitk ka 9 City: G/Nr i +ILY county: Il l; f�X zip: 27'J2 3 3. Directions to Site: F✓s I"r r fi " �ukr ±•o-� frr.. P ,5h+ an 4. The land on which this landfill Is located is described in the dead recorded yfin: deed book: J 6 3 page: county: I lG/' 1t 0/N 5, Name a: land owner: ✓S t ✓r em a VY O 6- Malting address of land owner - pG• �c,( l9� Z City:U . y M,. 'izI State: AVr Zip: �1 s .ter . —,.rr 7. Telephone number of land owner:i r ? 1 i �r 2 If the land is owned by more Than oneperson, attach additional sheets wim the ni address. t and phone number of all.additionalland owners. B. Name of operator Y4 i; 1 ge,4k Co+•r�Jy, 9. Trade or business name lot operator: N45J't �r/[ !f [-• .n�4u,/ 10. Mailing ad/'dress of operator. Fla , 130•t y�x City: porlev114,wo State: N4 Zip: 2-7 fro :2, tt. Telephone number of operator:) f (451 - 7q-1 3 If the landfill Is operated by more than one person, attach additional sheets with the name, address, and phone number of all additional operators. 12. Projected use of land after completion of landfill operations: ru35 /0461 1 1646 Mail Sen•ice Center, Raleigh, North Carolina 27699-1646 Phone: 919-733-0692 \ FAX: 919-733-4810 \ Internet: v"n f,.enr.statc.nc.us I AN EQUAL OPP01f"real"ry t AFFIRMATIVE ACTION EMPLOYER- 501h RECYCLED l 10TS POST CONSUMER PAPER The following are the applicability, siting, and operating criteria for Land Clearing and Inert Debris Landfills operating under notification. From: North Carolina Solid Waste Management Rules 15A NCAC 13B: .0101 DEFINITIONS r 1531 Land clearing waste-means solid waste wh,Ch is generated solely Irom land Clearing activities such as stumps, trees,limbs, brush,grass. and other naturally occurring vegetative material. 1541 Land clearing and inert debris landfill" means a lacility for the land disposal of land clearing waste. concrete, brick, Concrete G'cck, uncontaminated soil,gravel and roc4,untreated and unpainted wood,and yard trash. 1551 'Yard trash" means solid waste resulting Irom landscaping and yard maintenance such as brush,grass.tree limbs. and similar vegetative materials. .0563 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS MCIDI LANDFILLS Management of land clearing and inert orbits shall be,n aCCOrdance with the Slate hierarchy for managing spLd waste as provided for under N.C.G.5- I I30A.309.0a1a). Disposal in a landfill is Considered to be the least desirable method of managing land clearing and inert debris.Where land.+d6ng,s necessary the requirements of this Rule apply.- (1) An,ndividual permit from the Division of Solid Waste Management is not ragte,ed for Land Clearing and Inert Debris(LCIDI landlrlls the;meet all of the followrng conditions: 13) The facility is to be operated lot the disposal of land clearing waste,inert detu+s,untreated wood,and yard trash.Operat,ons must be CC(ls,stent and in compliance with the local government solid waste management plan as approved by the Division c! S:LC Waste Management. .. Ibl The total disposal area is under two acres in site. (c) The facility and praCt,es comply with the siting Criteria under Rule.056e.and operational ree•,rem under Rule .0SEE. 1O) The fill activity is not exempt from,and must comply with all other Federal,State, or Local laws.ordinances. Rules,re;v'a:eons. or Orders,including but not limited to zoning restrictions,flood plain restrictions, wetland rent,_;,ons, sedimentation and efcs+on COnlrOl requtramenis,and mining regulations. r21 Where an et,nd—dual permit,s n 1equ+re 1.the following applies: t.t} The owner Of the land'where the landfill is located must not,fy the D,v,S,On On a pies:nix: Ie•m, duly S,^yned, nciwl:ed. AM! recorded as per Rule.05G312)+i The operator Of the landfill.it yl!erent from the land Owur,s`a:!also s jn-,he notiL:a:,:'lCr•'n. tbl The owner must file the prescr,;,ed notd,canon lofm for teeordaucn,n the Register of Dens' C';,:e, The Rr],ate, o! Deccs ,nd7X the 1`10111J,,t n in the granter,nZert under the name Of the Owner of the land,n Inc CC.:, Cr CDunl,ea,n which ;'.e tan,,s ID:a:ed.A Copy C!the reCO(ded noW,Cat-on,affixed with the Regslef'S seal and the Cave.bo:r a-.0 page m,rm.7t,0! V%A'! be sent to the Drv,s,on of Sold Waste Management. ICI %'.'hen the land on which the Land Clearing and Inert Debris Lanzl•'dl,s-Old.leased.C:n�e,t:. :ran:7c:red,n any mare'. Ceti cr Other ins;rumeM1t Of lranslrr Shall COnta,n,n the do-_f,p;,On section,n no Sma'fe!t pi ;man that use.,n the i V ;'.e deed or instrument a statement that the property has been used as a land Clearing and Inc":Dens Landfill and a re!e:e-:e t r bo-,and page to the recordation of the notification. .0564 SITING CRITERIA FOR LAND CLEARING AND INERT DEBRIS(LCIDI LANDFILLS The following s,t,ng cr!:er,a shall app!y for Land Ctea,ang and Inert Debris tLCtD)landfills: ill Facilities of pra:bCes. shall AOt be located in the 100-year floodpla,n. 12l Facilities Or pra cti C CS shall not Cause Or Con;hbLtA to[he taking of any endangered Or threatened SCe:,CS OS plan;;, h5`.. Or (31 Facilities or practices shall nO:result,n the CestruCLon or adverse mod,fi:at,drr,of the Critical habitat of endangered or lhreatened s:e:-es as identified,n 50 CFR Pan 17 wNch i'hetety mCorpolated by tolerance tncluhng any sunenuent amen_rten;s and edr,,ans. Ti ma;fli,s available for inspection at the Department a•Env,tonment.Health.and Natira!Resources,Division of Sol.., rite Management, 40t 0`_tii Road. Ree,gli.North Catalina 27605 where Copies can be Obtained At nc Cott. 141 Facilities of practices shall not damage at destroy an aichaeolog,cal or historical s,to. is) Factl,t+es Or practices shall not Cause an adverse impact on a$tale park, teCreat,On Of scenic area. O• a', ether lands included,n ttt scale nature and NS;Orr[preserve. IGI Facilities steal;not be located in any wetland as defined,n the Clean water Act. Section 4041b1. 171 It must be shown that adequate suitable sods are available for cover,either from on of all site. la) Land Clearing and Inert Debris landld!s shall meet the following surface and ground water requ,femli lal Fac;Lties or pracl,Ces shall not cause a discharge of pollutants into waters of the state the;is%violation o! the requirements a! the National Pollutant Discharge Elimination System INPDEsr.under Section 402 of the Ciean regret -rt. as dine-ce.. (b) Facilities or practices shall not cause a discharge of dredged materials or lilt material into waters o1 the state that is in"Olal,on of the requirements under Section 404 of the Clean Water Act,as amended. Icl Facilities Or practices shall not cause non-point source pollution of waters of the slate t J: violates assigned water duality standards. (d) Waste in landfills with a disposal area greater than two acres shall be placed a minimum of lo•,s feet above the seasonal h.,ware: tabie,except whore An alters.,.'sepa.a..on s approved by•he Di• (e) Waste in landfills with a.d,sposal area less than two acres shalt be placed above the seasonal high wale(table. 19) The faeilsty shall meet the following minimum bullet requirements: Sal 50 feet from the waste boundary to all surface waters of the state as defined in G.S. 143-212. lb) too loot from the disposal area to property lines, residential dwellings.commercial or public-buildings. and tvelts. IC) Buffer requirements may be aciusted as necessary to insure adequate protection of public wealth and the environment. (lal The lace,ty shall mew( all tenui,ements of env applicable zoninb ordinanCa. .0566 OPERATIONAL REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS ILCID)LANDFILLS Land Clearing and Inert Debris(LC1D)landfills shall meet the following operational requirements: (1) Operational plans shall be Approved and lollowed as specified for the facility, (2) The facility shall only Accepl those solid wastes which it is permitted to receive, (31 Solid waste shall be restricted to the smallest a,ca feasible and compacted as densely as practical into Cefls. M Adequate soil cover shalt be applied monthly.Or when the active Area reaches one acre in size, whichever occurs hii 1 1 ll Certification by Corporate Land Owner: I certify that the information provided by me in this notification is true, accurate, and complete to the best of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B, Nunn Carolina Solid Waste Management Rules. The facility and operations of this landfill will also comply with as applicable Federal, State. and Local laws, rules, regulations, and ordinances. Where the operator is different from the corporate land owner, the corporate land owner, has knowledge of the operator's plans to dispose of solid waste on the land and is specifically granted permission for the operation of the landfill. It is understood that both the corporate land owner and operator are jointly and severally liable for improper operations and proper'.closure of the landfill as provided for by North Carolina General Statute 13DA-309.27. It is further understand that North Carolina General Statute 130A-22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Waste Management Rules. It is further understood that the Solid Waste Management Rules may be revised or amended in the future and that the facility siting and operations of this landfill will be required to •' comply with all such revisions or amendments. N,asti A� rx C m°.1w y S v- os Corporation Name (Print) Date (Corporate Seel Attest. NASH BRA-A COnQA✓f ill . :5W A. i9b�ps uP. 44 fficI De ✓ Bb 1rd Prcsj*dcnt/gr Voc-President (dame (Print) Corporate Secretary Name (Print cQc.. i PrjgidEVVor Vie President Signature Corporate Secretary Signaturo North Carolina 11 �Vao, County 1, FI ;7n Win 2 )4 ;�e r'+dUt a Notary Public for said County and State, do hereby certify that Ian �nwr1wn (name of secretary) personally appeared before me this day aad aci.novdedged that he for she) is secretary of Nash Ri(L C01„ Y1(� u (name of corporadonl, a corporation, and that by authority duly given and as the act of the corporation, the forgoing instrument was signed in its name by its SP�'F �. QX�1 (president or vice preside-:), sealed with its corporate seal, and attested by himself (or herself) as its secretary. 1':'itness my hand and official seal, this the +h day cf �.T. 2005 "ptNMfMfa4FFaU �, �,dn '�t�.�, altat,� ���a�1N flU0lGF9G� I, Notar Public f p y; awry �}}m Qi" expires 14 t,C:4'Ob(2a' , 200�pi _. +uu*77: sus �� E I if 5 ENGINEERING & ENVIRONMENTAL SCIENCE COMPANY 3008 ANDERSON DRIVE,SUITE 102 RALEIGH.NO 27809 (919)781.7798 N011035,1111Vfi0 ObMI June 20, 2005 sasZ z z Nnr Mr. Don Bowden Nash Brick Company CI TA13Jd� P. O. Box 962 Rocky Mount, NC 27802 , RE Erosion Control Evaluation Ita Mine Permit No. 42-01 Halifax County, NC Dear Mr. Bowden: Following is a general discussion of the mining project and erosion control evaluation for the proposed Ita Mine modification. The conclusions of this evaluation are reflected on the prepared mine map. GENERAL PROJECT DISCUSSION The Ita Mine is located south of the intersection of SR-1338 and SR-1339 (Figure 1, Attachment A). A few modificati0 s'� plant area are proposed, which include the addition of a new clay storage bu nim as neew crvployce break room, and a new septic tank and lateral field system. Al a, a 1.94 acre Lnd Clearing and Inert Debris (LCID) Landfill is proposed within a previ sly mined The proposed buildings area located in existing impervious plant areas and no increase in plant area is anticipated. ' The proposed LCID Landfill is located within the 10-year limits of disturbance for this mine and no increase in mine bond amount is required. EROSION CONTROL EVALUATION The SCS TR-55 Method was used to calculate the 2-year, 10-year and 25-year peak flow rates. Attachment 13 contains the calculations. Surface areas for Basin No's 6 and 7 were sized for the 10-year rain event The outlet for the basins will be composed of brickbat. The brick outlet for the sediment basins had the crest length determined based on a water depth above the crest of 3 inches. Stability T - •1 analyses for scour of brick (incipient motion of brick particles) was determined for the 4: 1 (H:V) down slope section of the brick. These analyses (assuming no more than 3 inches of water overtopping the crest) indicated that a suitable factor of safety against brick scour is 3.9. Stability of the down slope brick section was also evaluated for failure caused by seepage forces (steady state seepage) through brick structures. The analysis indicates a suitable 3.7 factor of safety against steady state seepage slope instability. The upslope proposed ditch will have an invert slope of 0.015 ft/ft along the west perimeter of the proposed LC1D Landfill (Ditch No. 1) and a slope of up to 0.17 ft/ft along the south limits of the landfill (Ditch No. 2). Ditch No. I will need netting and straw for initial stabilization based on the 2-year rain event. The water velocity iwthe ditch is sufficiently low for grassed line ditches based on the 10-year rain event. Also, the ditch has been sized for the 25-year rain event. Ditch 114 2 will require ClCljj " Erosion- i %-VllI lill ill bajcU Vi! U1 IV-yedi rdlil eVUR. 'i11U ditch has also been sized to pass the 25-year rain event. CLOSURE VVC apIIICCMLL: SelVlllg INUsil 131-1cK 011 LIllS prUjcci. Please contact us ll you nave any questions. Sincerely, r / T. Patrick Shillington, E. President Attachment A: Vicinity Map i54721 Attachment [3: Calculations I ` iIlk '4 roDeny LnL&, funna l,inngl � �� Vow, s an NII hon wk y C MiUr EN 171'� r4 S i 444 ji 1� j.. . ; 11 tv aft ` �1 �j i G � ENGINEERING B ENVIRONMENTAL 1 �, 1 ���� 2C SCIENCE COMPANY 3006 ANDERSON OR.,SUITE 102 RALEICH,NORTH CAROLINA 11600 °O ISI61781SS66 SCAI I: ]now' Ana, _ti, i� 1` ,2' U1 � uses Ita Mine f)utdnn ieiA4ep liall1'RX County, NC 62S Gu /cu/ur ' f- ;. a G�yb lve le j_� oy '� . /d -� !u c-• a'•-��/ r. row Lose ? 3 ti .� G6 J I i l/ 3_ �{Ys� � , •__erg .��.� /i able i fide I C � '= 2:7�a•7� ps.n !. i ! S 'J UJ �iIJ � • � G.. . ij f / ri � V7o � /� 7✓r ) ,n ho`�? ^,. r / � � i' c Tpr �. r..: i d ✓ 1_v'�_ _ r ;,/„ i Q • � � T� � = q G '�l fNp /. ;� cf GG Ys / r > 1rY3 j�LSZ r /. ITCd �a tip %i ��tll guss,l�713 - - — V_ . �1 (h, ...i.I/ .j�!/,Nnn.r� ✓?>�.yf = � r/ l9Cl��G,) - J"j-2<l . . J ,.r/ �a9e -4- ).�'�' r V' __. Wa7�`i ,�fo .�LijuwVrrG — I/ , 3'� rGr36 +87� 2 + �j� � 3G��iz�� = z5�s�• � r i; BRICKBAT OUTLET STABILITY The stability evaluation of the brickbat sections is based on the following: I. Stability of the dam to resist scour due to overflow 2. Stability of the dam against steady-state seepage. Evaluation of the brick check dams to resist scour due to overflow will be the most probable on the downstream slope, where the highest velocities can be expected on the 4:1 (11-.V) slope. Compare allowable velocity and depth against natural velocity and depth. The factor of safety against scour can be determined ,�cina the .,.,,..,a •�e do b-ed p b . ---,-uts�l ucsCi,u�u in River Mechanics. Chapter 17 for granular material. Following are the calculations: s= ;(cosct)(tahi ); ! ;(rl � r')(tan�) since} ., 9 ;0.4(V,„)2 / (G-1 dni x (d,(, D)`"3 dm= median diameter of material. use ds0=3" (0.25') as above for din G= specific gravity of brick z 2.55 U= acceleration due to gravity = 32.2 fi/sec D= depth of water S= Factor of safety --) Should be at least 1.15 to 1.20 �- 1( I e)/G-I = 0 i= hydraulic gradient- net?licible when overflow conditions occur, therefore r=0 Q= friction angle of brick based on past experience, can hold a 1 :2 (I1:V) slope or {?= tan-1 1:'2 = 63.43° a�"erage velocity of water on 4:1 slope cc= Slope at downstream = tan" 1:4 = 14.04' d,= Volume weighted effective grain size —) Since brick will be either whole or broken In half, particle size will be 3.5" x 3.5" x 3" or 3.5" x 3.5" x G", consider 3.5" x 3.5" x 3" as d„size or dm=3" (0.25') The hwhest scour velocity will be on the downstream 4:1 (Horizontal to Vertical) slope. For shallow flow over broad area, the depth can be estimated as: f D=q(n) / 1.49(s)112 n= 0.05 for shallow flow over brick 4 s= 0.25 (4: 1 slope) 1 q= floe' for I ft section which is q=(l)(3)(0.25)3�'= 0.375 tr 3�s D= {(0.375)(0.05)/lA9(0.25) .} = 0.146' f 1 t f�-C- ! d ... -------- —�i z- -- / � _� /.��0 ha •o ti L�l—far, 5•ro ---- �— _— �, r/N(/....__ ._ _ - -- "p,; .L --- - - - ------� ---- - - - -- -/- - - --- - -- d° —�.. = (;•jt�.,.: 7 , O dry /S' r -- -- n _ Ss: bc •yz = �/i hs •l. LPL 7  -c. •/l - - C�'J iS�• > y !.•� .ry'/ ' 1 rf / 7n,n Scr7 , �-�:� 5 O. oe7 f A-1rf fH. � 75_ l lY 7 // Q v ' Il Sr �/✓33 (3 �rs fl; n ., vi-✓ ,f i. �•C C� //fu/S -- _ glsp (z7 ' 23E{5 d =/� s-yl i Illy 0 a I I M1,Y prtc'mc, ,pncl"o RAINFALL DATA MAP4. L 6 ✓ B S J6 S 5.1 SJ M1 50 �y( • 5.7 5.J 6 `Jr 6.5 A e c G 25yen, I n..v m.annm.on rrrnesl rin Im RAINFALL DATA MAP 6 5 �6 55 6 ;6,5�5 �� r � ss op 9 _1 _ 8.5 a n` 4.vu.. , day W."p 1 W ion ynlNs, RAINFALL DATA MAP 1 e < a y' s e s s a 3.5 3.5 s • i b b i C EL.ISO fit . ��- j�/F 11 T ®c IN rOs.,i .. / /SI 4x NTr c� 3 I , 1� _ nurFravL jL / \ . 00 O J C/ � ° sw,ws �ifitmi.acnku n.. ( ISRRRG am i / RUNOFF CURVENUMBER COMPUTATION Version 2 .10 Project : Nash User: Cps Date : 05-12-2005 County : Halifax State: no Checked: Date: Subtitle: bas_n 6 Subarea : a _______________________________________________________________________________ Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CM) _______________________________________________________________________________ DEVELOPING UREAN ARE.. (Nc Vegetation) Newly graded area (pervious only) OTHER AGRICULTURAL L;N DS Woods good - - - 1.45 (77) Total Area (by Hydrelogic Soil Group) 2 . 31 _______ _________________________________ S VEAREAr d TOTd'_ DRAINAGE AREA: 2. 31 Acres WEIGHTED CURVE NUMBER: 83 _______ _ ___________ TIME OF CONCENTRATION AND TRAVEL TIME Version 2. 10 Project : Piash User: tos Date- 05-12-2005 County : Ha'_:_ax State: nc Checked: Dace : Subtitle: basis: 6 ________________________________ Subarea #1 _ a ---------------------__________ -10.4 Tyce Length Slope Su-face n Area We Velocity Time raiear Ift) (ft/ft) code )sg/.t) (ft) G:/sec) Ihr) --------------------------------------------__------------_____________________ Sheet 3. 6 no .053 I 0. 958 Time of Concentration - 0. 96• --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow )No Res. ) G Grass, Burmuda --- Surface Codes --- C Cultivated c 20 1 Res. H Woods, Light P Paved D Cultivated > 20 1 Res. I Woods, Dense U Unpaved E Grass-Range, Short J Range, Natural - Generated for use by TABULAR method 0 TABULAR HYDROGRAPH METHOD Version 2 . 10 Project Nash User: tps Date: 05-12-2005 County Halifax State: nc Checked: Date: Subtitle: basin 6 Total watershed area : 0.004 sq mi Rainfall type: II Frequency: 10 years -------------------------- Subareas ------------------- a Area mi) 0. 00' Rainfall (in) 5.7 Curve number 83` Runoff (in) 3.81 Tc (hrs) 0. 96- (Used) 1 .00 TimeToOutlet 0. 00 Ia/P 0.07 {Used} 0. 10 aime Total ------------- Subarea Ccr..ribution to Total Flow (hr) Flow a 1':. .0 0 0 11 . 3 0 0 11 . 6 0 0 11 . 9 0 0 12.0 0 0 12 . 1 1 1 12 . 2 1 1 12. 3 2 2 12. 4 2 2 12 . 5 3 3 12 . 6 4 4 12. 7 5P 5P 12.8 5 5 13.0 4 4 13. 2 3 3 13. 4 2 2 13. 6 2 2 13.8 1 1 14 . 0 1 1 14 . 3 1 1 14 . 6 1 1 15. 0 1 1 15. 5 0 0 16.0 0 0 16. 5 0 0 17 .0 0 0 17 . 5 0 0 18 . 0 0 0 19.0 0 0 20.0 0 0 22 .0 0 0 26. 0 0 0 P - Peak Flow i - value(s) provided from TR-55 system routines TABULAR HYDROGRAPH METHOD Version 2 . 10 Project : Nash User: tps Date: 05-12-2005 County : Halifax State: no Checked: Date: Subtitle: basin 6 Total watershed area: 0.004 sq mi Rainfall type: IT Frequency: 25 years -------------------------- Subareas -------------------------- a Area (sc mi) 0. 00. Rainfall (in) 6. 5 Curve number 83• Ru no f(in) 4 , 56 To (hrs) 0. 96• (Used) 1 .00 TimeToOutlet O.OD Ia/P 0. 06 (Used) C. 10 pine Total ----------'-- Subarea Contribution to Total Flow )cfs) ------------ )hr) Flow a i1 .0 0 0 11 . 3 0 0 11 . 6 0 0 L1 . 9 0 0 12. 0 1 1 12 . 1 1 1 12 .2 12 . 3 2 2 12 . 4 12 . 5 4 4 12. 6 5 5 12. 7 5 5 12. 8 6? 6? 13.0 5 5 13.2 4 4 13. 4 3 3 13 . 6 2 2 13 . 8 2 2 14 . 0 1 1 14 .3 1 1 14 .6 1 1 15.0 1 1 15.5 1 1 16.0 0 0 16.5 0 0 11 .0 0 0 11 . 5 0 0 18.0 0 0 19.0 0 0 20.0 0 0 22 .0 0 0 26 .0 0 0 P - Peak Flow - values) provided from TR-55 system routines 0 STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash User: tps Date: 05-12-2005 County Halifax State: nc Checked: Date: Subtitle: basin 6 Drainage Area: 3. 609375E-03 Sq miles Rainfall Frequency: 25 years Rainfall-Type: 11 Runoff: 4 . 6 inches Peak Inflow: 6.00 cfs Detention Basis: Storage Volume: 0. 16 Peak Outflow: 5 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash User: tps Date: 05-12-2005 County Halifax - State: nc Checked: Date: Subtitle: basin 6 Drainage Area: 3. 609375E-03 Sq miles Rainfall Frequency: 25 years Rainfall-Type: 17 Runoff . . 6 inches Peak Inflow: 6. 00 cfs Detention Basin, Storage Volume: 0.25 Peak Outflow: 3 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project ;lash User: tps Date: 05-12-2005 County Halifax State: nc Checked: Date: Subtitle: basin 6 Drainage Area: 3. 609375E-03 Sq miles Rainfall Frequency: 25 years Rainfall-Type: : _ Rung f : 4 . 6 inches Peak Inflow: 6. 00 cfs Detention. Basin Storage Volume: 0. 35 Peak Outflow: 2 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash User: tps Date: 05-12-2005 County Halifax State: nc Checked: Date: Subtitle: basin 6 - Drainage .area: 3. 609375E-03 Sq ,miles Rainfall Frequency: 25 years Rainfall-Type: I_ Runoff: 4 . 6 inches Peak inflow: 6. 00 cfs Detention Basis: Storage Volume: 0. 45 Peak Outflow: 1 cfs RUNOFF CURVE NUMBER COMPUTATION Version 2 . 10 Project : Ica Mine Modification User: ERS Date: 04-30-2005 County : Halifax State: NC Checked: Date: Subtitle: Nash Brick Company Subarea : P6//1 7 _______________________________________________________________________________ Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) __-____-___ ______________________________________ CULTIVATED AGRICULTURAL LANDS Fallow Bare soil ---- - - - 1 . 96 (94) OTHER AGRICULTURAL LANDS Woods Poor - - - 5 .22 (83) Total Area (by Hydrologic Soil Group( 7 . i8 _____________L__________________________________________________________________ SUBAREA: �7 TOTAL URr..iNAGE AREA: 7 . 18 Acres WEIGHTED CURVE NUMBFR: 86 TIME OF CONCENTRATION AND TRAVEL T_ME Version 2 . 10 Project : Ito Mine Modification User: ERS Date: 04-30-2005 County : Halifax State: NO Checked: Date: Subtitle: Nash Erick Cem?any _____---_---________---------_ Subarea it - A&C ---_------_____________________ Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain Ift) (ft/fU code Iscift) (ft) ( ft/sec) (hr) __________________---___________---__---___-----__---__________________________ Sheet 3.6 300 .033 h 0. 665 Shallow Cor.cent 'd 783.2 . 038 a 0. 070 Time of Concentration = --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow (No Res. ) G Grass, Burmuda --- Surface Codes --- C Cultivated < 20 8 Res. H' Woods, Light P Paved D Cultivated > 20 8 Res . I Woods, Dense U Unpaved E Grass-Range, Short J Range, Natural Generated for use by TABULAR method TABULAR HYDROGRAPH METHOD Version 2 . 10 Project Ita dine Modification User: ERS Date: 04-30-2005 County Halifax State: NC Checked: Date: Subtitle: Nash Brick Company Total watershed area : 0.011 sq mi Rainfall type: II Frequency: 2 years ----- _--- Subareas --------------------------- Area (so mi) 0.01~ Rainfall (in) 3. 6 Curve number 86` Runoff (in) 2 . 19 Tc (hrs) 0.73. (Used) 0.75 TiineTOOutlet 0.00 Ia/P 0. 09 (used) 0. 10 Time Total ------------- Subarea Contribution to Total :row (cis) ------------ 0,r) Flcw &g,y) 7 11 .0 0 0 11 . 3 0 0 _i . 9 1 1 12.0 i 12. _ 2 2 z .z 3 12. 3 5 -2. 4 7 7 12. 5 9 12. 6 io? 19P 12.7 i0 i0 12. 8 9 9 13. 0 6 13.2 4 4 13. 4 3 3 13. 6 2 2 13. 8 2 2 14 . 0 1 _4 .3 1 _ i4 . 6 1 1 15. 0 i 15 .5 1 1 16.0 1 1 16. 5 1 1 17 .0 1 1 17 . 5 0 0 18 .0 0 0 19.0 0 0 20. 0 0 0 22.0 0 0 26.0 0 0 P - Peak Flow - value(s) provided from TR-55 system routines TABULAR HYDROGRAPH METHOD Version 2. 10 Project : Ito Mine Medication User: ERS Date: 04-18-2005 County : Halifax State: 11C Checked: Date: Subtitle: Nash Brick Company Total watershed area: 0. 011 sq mi Rainfall type: I? Frequency: 10 years _ -------------------- Subareas -------------------------- �h 7 Area (sc mi) 0 .014 Rainfall (-,n) 5 .7 Curve number 86• Runoff(in) 4 . 12 To (hrs) 0 .73- (Used) D. 75 TimeTOOutLet 0. 00 Is/? 0. 06 (Used) O. i0 .. Time Total ------------- Subarea Contribution to Total Flow Icfs) ------------ (hr) =low R .0 i 11 . 3 1 11 . 9 2 2 12 .0 2 2 12. 1 12 . 2 5 12 . 3 9 9 12 . 4 12 . 5 18 lE 12. 6 20P 20P 12 . 7 19 19 12. 8 17 13. 0 12 12 13. 2 8 8 13. 4 6 6 13. 6 4 4 13.8 3 3 14 . 0 3 3 14 . 3 2 2 14 . 6 2 2 15.0 2 2 15. 5 1 1 16. 0 1 16. 5 1 17 .0 1 1 17 .5 1 1 18 . 0 1 1 19 .0 1 1 20.0 1 1 22 . 0 1 1 26. 0 0 0 P - Peak Flow - - value (s) provided from TR-55 system routines TABULAR HYDROGRAPH METHOD Version 2. 10 Project : Its Mine Modication User: EERB Date: 04-18-2005 County : Halifax State: NC Checked: Dace: Subtitle: Nash Brick Comcany Total watershed area: 0.011 sq mi Rainfall type: II Frequency: 25 years -- Subareas -------- -------- � Area lsa mi) D.01Dl . Rainfall ( la) 6. 5 Curve number 86- Runof_' (in) 4 . 89 To (^.cs) 0 .73- Used) 0. 75 T1meTODuilet . 0. 00 Ia/P 1 •0.05 (Used) D. 10 Time Tota- ------------- Subarea Contribution to Total Flow (cfs) ------------ (hr) Flow �pf�Yj i n 11 . 6 i1 . 9 2 2 12.0 1Z. 1 12.2 12.3 11 _ 12. 4 16 _ i6 12. 5 21 21 12. 6 23F 2_v 12 . 7 22 22 12. 8 20 20 13. 0 13 , 2 13. 4 13. 6 5 5 13 .8 4 4 14 .0 3 14 14 . 6 2 2 15. 0 2 2 15.5 2 2 16.0 1 1 16. 5 l 1 17 .0 1 17 .5 l 18 .0 l l 19.0 20.0 22 .0 26.0 0 0 P - Peak Flow - - value(s) provided from TR-55 system routines STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project : Ito Mine Modicacion User: ERS Date: 04-18-2005 County . Ra'_ifax State: NC Checked: Date: Subtitle: Nash Brick Company Drainage Area: 1. 121875E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 4 . 9 inches Peak Inflow: 23. 00 cfs Detention Basin Storage Volume: 0;60 Peak Outflow: eersio�n STORAGE VOLUME FO NTION BASINS 2 , 10 Project : Ito Mine Modicacion User: ERS Date: 04-16-2005 - County : Halifax State: NC Checked: Date: Subtitle: Nash Brick Company Dra'rage Area: 1 . 121875E-02 Sg miles Rainfall Frequency: 25 years Rainfall-Type: iI Runoff : 4 . 9 inches Peak inflow: 23. 00 cfs Dece.^.-ion 3as i. Sto-ace 'dol=e : 0. 80 Peak Out_`lo•w: 12 cfs STORAGE VOLUM-c FOR DETENTION BASINS Version 2. 10 Project : Ira M;--e P!ocicacion User: -_RS Daze: 04-19-2005 County . Hall fax State: NC Checked: Date: Subtitle: Nash Brick CCTcany Drainage Ar=_a : 1 . 1213375E-02 Sq miles Rainfall Frequency: 25 years Rai.^.'all_Tyce : rr Runcff: 4 . 6 inches Peak, inflow: 23.00 cfs Dece-.t ion Basl:: Storage volume : 1 .00 Peak Outflow: 8 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project : ita Mire Modicacion User: ERS Date: 04-18-2005 County . Halifax State: NC Checked: Date : Subtitle: Nash Brick Company Drainage Area: 1 . 121875E-02 Sq miles Rainfall Fregl!enc,: 25 years Rainfall-Type: II Runoff: 4 . 9 inches Peak inflow: 23 . 00 cfs Dete^.lion Basin Storage Volume: 1. 20 Peak Outflow: 6 cfs i i STORAGE VOLUME FOR DETENTION BASINS Versicn 2 , 10 Project : Ita Mine Mcdicetion User: ERS Date: 09- "0-2005 Councv . P.a1i Ea:: _gate . NC Checked: Date: Subtitle: Mash Brick Ccmoany Drainage Area : 1 . 121875E-02 Se miles Rainfall Frequency: 25 years Rainfall-Type : II Runoff: 4 .9 inches Peak Inflow: 23.00 cfs Detention B6,-1n Storage Volume : . . 40 Per,: Outtloe: 4 cfs STOz-k]E aO-U'.!_ FOR DETENTION BASINS ve-sicr'. 2 , ;c Project : Ita e M"Coicazio - Ds=_r: FPS _ate: 04-'.5-2005 County . Hallfas State: NC Checked: Date: Subtitle: Mash B__ck Comcany Drainage Area: - . 12' 275E-02 SQ. miles Re-..fall Frequency. 25 Years .. _^.fall-Type: R.uno€f: , . : inches Rea% _nfit+: 23. 00 c's Detenz-cr. Bas_n <-torace vc lure : 1 .50 out=low: cfs J M! NCDENR Norm Carolina Department of Environment anj Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary December 17, 2004 Mr. Don Bowden Nash Brick Company PO Box 962 Rocky Mount, North Carolina 27802-0962 RE: ' Permit No. 42-01 Ita Mine Halifax County Tar River Basin Dear Mr. Bowden: Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the affected acreage at this site to 91.28 acres. The modification includes the addition of 10.5 acres of affected land for mining within the permit boundary. 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 insure compliance with The Mining Act of 1971. The expiration date, 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: Operating Condition Nos. 1 B, 413, 5, and 14. The issuance of-a-miningpermit 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 492 acres and the amount of land you are approved to disturb is 91.28 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX; 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Fnimi onnortunity 1.Affirmgliva AMinn Fmnlnyar—IM Raryrlari�10?/Post Consumer imer Pinar Page 2 Mr. Eowden Please review the modified permit and contact Kristin Hicklin, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Floyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIkh Enclosures cc: Mr. John Holley, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: . Nash Brick Company Ita Mine Halifax County-- Permit No. 42-01 for the operation of a Clay Mine Which shall provide that the usefulness, productivity, and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 4 2014 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of..Environment and Natural Resources, 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 expiration, 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, 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 nermittpe with rPferenr_.e 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 complvin❑ with the Reclamation Plan nr nthpr term-, and r^nnriltinnC of this permit nr is failing :J 1 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 haaring at the d 1ZJJ1—- time and place on any proposed riivdifiCotlOn, IqU % atio n or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Whenever 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. Modifications April 14, 1992: This permit has been modified to allow stockpiling of petroleum contaminated soils in accordance with the Soils Containment and Treatment at Brick or Asphalt Production Facilities Permit No. WQ0005181 and sheets 2 & 3 of the Petroleum Contaminated Soils Storage Plan dated May 28, 1991. March 8, 1996: This permit.has been modified to allow mining on an additional 2 acres of adjoining land as indicated on the modification request dated March 2, 1994, additional information dated May 27, 1994, and mine map received by the Land Quality Section on March 4, 1994. ,. . September 8, 1999:. This permit has been modified to incorporate the Powells Creek Mine (Permit No. 42-13) into the existing permit and to increase the affected area to 80.78 acres as indicated on the mine map, Sheets 1 through 3 dated April 1, 1999. Page 3 December 17, 2004_ This permit has been modified to increase the affected acreage at this site to 91.28 acres. The modification includes the addition of 10.5 acres of affected land for mining within the permit boundary. Expiration Date This permit shall be effective from the date of its issuance until June 4, 2014. Conditions 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: OPERATING CONDITIONS: 1. 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 Management Commission. It shall be the permittee's responsibility to.contact the Division of,Water Quality to secure any necessary.stormwater narmitc nr nthar nnnrnvn1 rinri imantc 2. 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. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment 'from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. Page 4 B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted,as indicated on the Erosion Control Details Map dated February 27, 2004, the Facility Layout Map dated September 8, 2004, and the supplemental information submitted by Engineering & Environmental Science Company dated October 2664. C. Silt fence shall be installed and maintained along the toe of all proposed fill slopes for earthen berms to be constructed at the site until the berms have been stabilized with permanent ground cover. D. Silt Basin No. 2 shall be provided with an adequate level spreader such as a flat riprap apron with a downstream level lip to prevent erosion of the discharge point. 5. All affected area boundaries (91.28 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosions 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 ground cover, devices or structures sufficient to restrain such erosion. 7. 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. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine UthghfalGJ Y1 IGVGl practical to screen the operation from e puUlalld pUlh hJIUU 1 U U I I 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. 4 Page 5 B. Mining refuse defined by 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 Land Resources considers the following materials to be "mining refuse' (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must be provided to and approved by the Division of Land Resources Prior to commencement of such disposal: 1 . the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. E. Stockpiling of only petroleum contaminated soils shaii be conu'ucfed in accordance with Permit No. WO0005181 issued by the North Carolina Environmental Management Commission 12. An annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. QYgQ � 14. The security, which was posted.pursuant to N.C.G.S. .74-54 in the form of a $213,200,00 Irrevocable Standby Letter of Credit, 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. 15. A. Authorized re.oresentatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant arch aecicgical resources. B. Pursuant to N. C. G. S. 70 Article 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 Histo.ry. t Page 7 APPROVED RECLAMATION PLAN 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. The approved plan provides: 4s Pm .. zd sv G.° -53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. 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. - 4-. No small pools of water shall be allowed to collect or remain on the mined area that are, nr likolu to hornme noxious, odious or foul. 5. 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. 6. 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. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore portions of the mine excavation to lake areas and to regrade and satisfactorily revegetate any other disturbed areas as indicated on the Reclamation Plan Map dated February 27, 2004. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: 1 Page 8 A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. Side slopes to any lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. All the final perimeter sideslopes not left as lake excavations shall be graded to a 2 horizontal to 1 vertical or flatter slope. D. Any settling ponds or sediment basins shall be backfilled and stabilized. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11A through 11 E. H. The affected land shall be graded to prevent the collection of noxious or foul ::inter 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. T. Patrick Shillington, PE, on April 12, 2004. 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: Page 9 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. This oemiit, issued August 14, 1972, renewed September 2, 1982, renewed and modified April 14, 1992 and modified March 8, 1996, September 8, 1999, and June 4, 2004, is hereby modified this 1.7" dddaaayy of December 2004 pursuant to G.S. 74-52. '/ James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources fzi \f ; } } 17 % 22 - 01 � - , ` \ ; - - . _ • ` ! \ \ % f It, td \ \\ \ i .- . . - g , , m . : mam mill . . - - , - � ! ) « . . �. � it - - \ - S d » / d \ ^ \ ƒ ( ` :ƒ itd d Legend "' General Property Information 14 IN ., ... .,., .. •.n� .�... `ZY^uJ .. �.. vmmi�Man `,a rr n . I sw@Pit / i t..—Y J/ IN PitINS ... r , IN So N Now.FFLFFILI Now ol q .. .. ...... ......I. ` QY / NI. oob c.i lowlNIFFINNI ..a No .. .y ,� w..........., IF.......... w..__. ______ - - - - •� rrc i % n .W`� vx• ��� � � t ... BASIN NO,^OUTLET DETAILSwINN IN I ol No , a - - _..__. .w. . I � o , __._ ......"� ....._. s.�. . �, �I, NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and Stale Geologist William G. Ross Jr., Secretary November 8, 2004 Certified Mail Return Receipt Requested Mr. Don Bowden Nash Brick Company 7002 3150 0003 7042 2589 PO Box 962 Rocky Mount, NC 27802-0962 RE: Permit No. 42-01 Ita Mine Halifax County Tar River Basin Dear Mr. Bowden: The review has been completed on the modification request your company submitted for the above referenced mine site. However, the following is needed to continue processing your application: . The reclamation bond was calculated for this site using the information submitted in the modification request. The reclamation bond for this site has been calculated to be $213,200.00. The calculation worksheet is enclosed for your review and the bond or balance ($14,900.00) will be required prior to approval of this renewal. For your convenience, I have enclosed a bond form, an assignment of a savings - account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Nash Brick Company. In addition to one of these alternatives, you may, upon request, substitute a rash deposit. Please be advised that the modification request cannot be completed until the new bond amount has been received. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27e04 An Equal Opportunity 1 AKrtnative Action Employer-50%Recycled 110m Post Consumer Paper 0 62S • ENGINEERING & ENVIRONMENTAL SCIENCE COMPANY 308 ANDERSON DRIVE,SUITE 102 RALEIGH, NC 27609 11 9i October 5, 2004 Mr. Don Bowden ` Nash Brick Company P.O. Box 962 Rocky Mount, NC 27802 RE: Mine Pen-nit Modification 1` Ita Mine Permit No. 42-01 Halifax County, NC General Project Information The Ita Mine (Mine permit No. 42-01) is located near the intersection of SR-1338 and SIZ-1339 and covers approximately 490 acres of land. Of this acreage, approximately 80.78 acres can be disturbed within the next 10 years. Modification to this mine includes the addition of 10.5 acres of land for mining. This proposed mine area is located partially in an area that had been mined in the past that had been subsequently reclaimed. An existing sediment basin (Basin No.5) for this area will be reactivated with some modifications or reconstruction of the outlet structure required. Mining will'extend below the groundwater at the mines. Excavation will initially extend to the water table, and once this is reached, excavation will continue to about 22 ft below the water table. The .excavation will be conducted in a series of pits with-excavation conducted in each pit as long as possible before significant water accumulation occurs. Upon completion of mining, the perforated riser pipe for the basin will be replaced with a solid pipe. Berms will be leveled and graded for positive drainage. Erosion Control Evaluation 'rhe SCS TIZ-55 Method was used to calculate the 10-year and 25-year peak flow rates and required 25-vear neck outflow rate diirim, maximiim mine exnnsnre Alcn thr: lt»- ---- - --i--- -- -- J --- r----- ------- ---- ------o ----- ------- -'-[-""_---' - --_._-, -'-- - _ year rain event with no ground expose was conducted once the area had been reclaimed. Based on this evaluation, the basin outlet will need to have a 24 inch diameter horizontal pipe and 30 inch diameter riser pipe (See attached calculations). • • ov• Closure We appreciate serving Nash Brick Company on the Ita Mine Renewal. Please contact us if you have any questions. Sincerely, 1 atri -k Shi�ll' ton,9'. �. President Attachment: Calculations � Q��... .... S OF 0 72 NWilli plll►l► �2� All 1 !! G V off :,A �7=5-� . /AIL., __{, . I /jJ% l_.— _ � H_ >/,L✓� _ V I' __ �s —.__- ..0 v./ si. !' r %�p�n� . /. !/J f( G : /�' i%/r'i.n t _ {• ( .�r�i 6,s J4 n S Or M 1�71:41 t/.n Ti Xf vA t/,j /. X �tL'L'l� /i,,�-o c , L�Ci �/Avp f'y Air h ? aGf/ O "./•G/ o-�. jl / �, 900 ; 63��ft2 3 l � 5N 4e b05'n S1`&vf. P V/W"" e • s -!_✓v.� , ..i ' i. _ t � � 7,� "/i a GCS.• - �'_ .. �!.; v/' -� '�. _ J lk �J -rve , %, h1P � Go u� i-s / 1,a>+3t Zci' 3c8 �,fPP G /iar 4eJ rZrea J { 2 �f � s o 4 - ,L. 3 d��^ Pam, c, �'-_./ {.� ye,��. s /, usv = 0.35�,uLus < �/rf A- F,..�.:„ G .•r'.. � 57� ., e 57 i . CERTIFIED MAIL S Mr. Bowden Page Two As required by G,S, 74-51 thl; ynkl arp hprebv grjvicr}rj that ynij havp 6n rinyc frnm the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. In order to complete the processing of your renewal request, please forward the bond to my attention at the following address.- Land Quality Section Division of Land Resources Department of Environment and Natural Resources IL 14 IIY1a11 �JV Yok v CGIItCr Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Kristin Hicklin Assistant State Mining,Specialist Land Quality Section Enclosures cc: Mr. John Holley, PE } APPLICATION FOR A MINING PERMIT A- E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheet is to be used to establish an appropriate bars/(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Depatoneto to be affected during the life of llte mining permit. Please insert the anmroximate acreage. preach aspect ofthc ntlninv anerarian. tint you intend to alTect during the l ife pf/his mintnv nermil (in addition. nlease insert the anpropriate reclanmRorr cosUctcre for each clite ear p (rum the Schedule of Reclamation Costs provided with this application form): AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds 3.4 Ac. X $ 2,500.00 /Ac. _ $ 8,500.00 Stockpiles 2.0 Ac. X $ 1,500.00 /Ac. _ $ 3.000.00 Wastepilcs 4.0 Ac. X S 3,000.00 /Ac. _ $ 12,000.00 Processing Area/Haul Roads 10.4 Ac. X $ 1500.00 /Ac. _ $ 15,600.00 Mine Excavation 71.48. Ac. X $ 1,500.00 /Ac. _ $ 107,220.00 Other Ac. X $ /Ac. _ $ TOTAL ACREAGE- 91.28 Ac. ✓ Additional Reclamation Cost Factors: a. internal Drainage 70.38 Ac.b. Positive Drainage 20.9 Ac."/ X $ 1500.0 /Ac. _ $ 31.350.00 SUBTOTAL COST: $ 177,670.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 177,670.00 X Permit life (I to 10 years): 10 years INFLATION COST: $ 35,534.00 'TOTAL COST = SUBTOTAL COST + INFLATION COST = S 213,204.00 E rAL RECLAMATION BOND COST: _ $ 213,200.00 (round n m the nearest $100.00) NOTE: Cost per acre for reclamation is based on the rates used for the last bond cost evaluation for the Ita and the former Powells Creek mines. dEa131 ;too, t.ne� �,Y Mob • • .` . 1 . .� . ��I r,. .. UNITED STATES POSTAL SERVIC Postage.&FeesPaid•uses�� . — 'PermitNo..G 1 cUn • Sender: Please prini'y_ our name, iddress, and. + to this ox • i� 9 L- N5 D04 04@UALiTY sEcrioN DRNR DIVISION OF LAND RESOURCES LAND QUALM SECTrnxr aw" NvIAIL SERVICE Cv- NTER RALEIGH NC 276W91612 SENDER: . ■ Complete items 1, 2, and 3. Also complete A. SIcInature it 4 if Restricted Delivery is desired. X ^ ' 1 ' �� ❑ Agent ■ our name and address on the reverse 11M ! O Addressee. SO . at we can return the card to you. B. Received by (Prince Name) C. Date of Delivery III Attach this card to the back of the mailpiece, /' � � .1 go V �l_��G or on the front it space permits. -11F 71 D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No MR DON BOWDEN NASH BRICK COMPANY nrn 3_ Service Tvoe PO DVX .7V4 " ROCKY MOUNT NC 27802-0962 fFerCertified� Mail Repress Mail egistered Retum Receipt for Merchandise nsured.Mall C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r (Fransferfmmservicelabeq� Ps.Form 3811`, August 2001 ' " ` ' Domestic Return Re6e6t ' , tozses-az-h�isao V q.j -n / NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G., P.E. Michael F. Easley, Governor Director and State Geologist October 7, 2004 William G. Ross Jr., Secretary MEMORANDUM ��p1t 1213�y7 TO: Ms. Maria Tripp Habitat Conservation'Program Coordinator Wildlife Resources Commi slon f1 RiV � FROM: Brenda M. Harris M ¢ N:1 NIet v Mining Program Secretary RE El Land Quality Section SUBJECT: Mining Permit Modification for Nash Brick CON 10 2004 Ita Mine Halifax County LAND QUALITY SECTION Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)), Please respond by October 29, 2004 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. ;;11 Jbmh Attachments cc: Mr. John Holley Io -z9- oy 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733.45741 FAX: 919433-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper NC®ENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary John Moais, Director October 25, 2004 MEMORANDUM &zs TO: Brenda M. HarrisMining Program Secretary Land Quality Section FROM: Kristen Mc$wain Water Allocation Section Division of Water Resources SUBJECT: Mining Permit Modification Request for: Nash Brick Co. Its Mine : Mining Permit 42-01 Halifax County Please find attached a copy of the mining permit modification request for the above referenced project. The Ito Mine located in Halifax County appears not to have an unduly �d..a.r.. oirnrr tin n and nrneo. n,nnnnc Nmm�vne fi.rnm mnn:m.{on of od:nrnnr nA.roro u.....1., wells may be required if adversely impacted from the dewatering of the Surficial aquifer at the Ita Mine. - Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene,Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. One 1611 Mail service Center, Raleigh, North Carolina 27699-1611 NOrtfiCarolina Phone: 919-733AO641 FAX: 919-733-35581 Internet: www.ncwater.org ahmallry 1 MININGpp A�CHECKLI5T FOR ROUTING, 1 �I Applicant's Name: Z�a IV\IIYve ) Project Nome: IV ,S BV CIf l0 ya- d 9 o� f ;w Applic./PermitNo.: _County: HoAi Date Received: l0_5Oy I ,¢ 1 , Reviewer: YI 11 //YI.� '.ti' i�k�iw River Basin Name: Iar P- a4tti ❑ New ❑ Renewal �lodification (inside permit boundaries) ❑ Modification (outside permit Boundaries) ❑Transfer ❑ Release A ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ Fee Received: l Please rotte. entire appliration ps:kage to• Mk R 'F.o Regional Olffice (2 complete copies; attach the "L 5 Regional u Office Mining Application Review aeckliot" to one copy and attach Jz 7 thetclodr nd AQ "Mining Application Review Form"to thle other copy:send both copies to thal Engineer) f Date: Routed % .� i. Division of Water Resources Date: Routed Rec'd -ANC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that aid and to the permit) ; a 3' '•• ❑ Division of Parks & Recreation) Date: Routed Re0'd jR s,. ❑ NC Geological 5u ey Section Date: Routed i Rec'd (Only new applications and modification requests that add land to the permit) ElDivision of Archives & History Date: Routed Rec'd rp (Only new applications) ❑ Other: Date: Routed Rec'd u IIII **5uopen5e Date for Corm Yn1ent5: /D—o?9—d7(rio later than 25 days '+ from receipt) s: kPlease note the following: r um«r rrnnnftlkks . ` nha, -1Cy t L•r..+k53.rrhAi.1...""ewµi.rf5.ia'tTl :.n.rat�4.}fati„`Ir,Yat. t.ks�3'W�:%."s, ..,iXsiur'!w;3lwrrre� ,CrM;,.. k'�4f1 Q� A NCDENR .. North Carolina Department of Environment'and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F, Easley, Governor Director and State Geologist October 7, 2004 William G. Ross Jr., Secretary MEMORANDUM 4 TO: Mr. Nat Wilson Hydrogeology Group Division of Water R`esour s M t FROM: Brenda M. Ha i t Mining Program Secretary Land Quality Section i SUBJECT: Mining Permit Modification for Nash Brick Co Ita Mine l Halifax County ❑Mine Dewatering Proposed ❑No Mine Dewatering Proposed Please find attached for your,review a copy of the mining permit modification request for the above referenced project. Please review this informationt and advise as to the probability of this operation having unduly adverse effect on October 29, 2004 so that we may complete our review of this request within our statutory ti�e limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you mayl,provide for permit conditions, for reasonable protection of groundwater quantity or q uality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a.convenient date and time. Also., please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. 4 Ibmh Attachments t cc: Mr. John Halley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604, An Fnual 0morsunity 1 Affirmative Action Fniolover-50%Recvcled l 10%Past Consumer Paner NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist October 7, 2004 William G. Ross Jr„ Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commi sion FROM: Brenda M. Harris I Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for Nash Brick Co Ita Mine Halifax County Please find attached for your review a copy of the mining permit application request for the above referenced, project. 6 Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by October 29, 2064 so that we may complete our review of this request within ou.r statutory time limit. As is the case in our review ofiall mining permit applications, renewals and modifications, this office will carefullytreview all proposed erosion and sediment control measures to ensure that they are sufficient,to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. I Ibmh Attachments 4 cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733=4574 /.FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 An m,al Cnr r)djnity 1 Affirmaiiva Artinn r-m F= nlnvar—rMl.RPr:vdPdr 10%Pnst C,nnrtjmP..r Paner � �`, 0 '� I I. , • f i NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES IAND QUALITY SECTION D APPLICATION FOR A MINING PERMIT AECE - (PLEASE PRINT OR TYPE) p�,T 05 2444 LANOOppUTYSECiION I. Name of Mine Ita Mine County Halifax River Basin "Pamlico Latitude (dd.mmss)36-10-12 Longitude 77-54-19 2. Name of Applicant* Nash Brick Company 3. Permanent address for receipt of official mail** P.O. Box 962 Rocky Mount NC 27802-962 Telephone (252) 451-7813 4. Mine Office Address 532 Nash Brick I2d., Enfield, NC 27823 Telephone (252) 45 1-78 13 5. Mine Manager Jeff Wvers 1 We hereby certify that all details containedlin 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 �Ar A ,%j .1 cc Date i Print Name Don Bowden I , Title Secretary �� I * This will be the name that the mining permit will be issued to and,the name that must be indicated on the reclamation bond or other security that corresponds to this site. *° The Land Quality Section 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 appl ication',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. Attachladditional sheets as needed. _I_ APPLICATION FOR A MINING PERMIT I, ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: I. a. If this is an application for JNEW permit, indicate th'e total acreage at the site to be covered by the permit (this is the acreage Ilia-al—the "new permit" fee will be based upon): N/A I I Of this acreage, how much is owned and how much its leased? Acres owned: Acres leased_ Property owner if leased: i b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: N/A Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application fora MODIFICATION to amining permit, indicate the mining permit number and the total (overall) acreage-covered,by the existing permit: Mining Permit No.: 42-01 Total permitted acreage: 490 Does.the modification involve acreage within the previously approved permitted boundary? .Yes X. No . If yes, indicate the acreage to be covered.by this modification(this is the acreage (hat the'"major modification" fee will be based upon):) 10.5 acres Does the modification involve,acreagc outside the previously approved permitted boundary? Yes No X . 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). i Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the diming operation? Yes No (if no, a"minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the'.total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): N/A d. If this is an appl ication for TRANSFER of a mining permit, indicate the mining permit number and the total (Overall) arre_ane rnyered by the exielino ncrmir: Mining Permit Nn N/A Total permitted acreage N/A I - r- ---- SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMI'ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE jt 2. Name of all materials mined: Clay4 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck X Dragline & Truck Self-loZding Scraper X '!Other (explain) ptjl 2 I I �I 1 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 55' Reference elevation: undisturbed ground I b. Expected average depth of mine (feet) 40' 5. Has any area(s) at this site been mined in the past'? Yesk No 1 f yes, when and by whom wasi this activity conducted? I By Nash Brick. 1 t 6. Number of years for which the permit is requested (10 years maximum): 10 i B. MAPS , 1. Clearly marls and label the location of your mining operation on six (6)copies of a 7.5 minute quadrangle and a county highway snap. 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: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: i.ucation Depar tii7ent State Highway Commission i Raleigh, North Carolina 27602 (919) 733-7600 ' i i E if I I i i i -3- I i APPLICATION FOR A MINING PERMIT r 2. 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. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) 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. h Exist, nr nrnnncPd narmrt Eniinrigriac ..b r,...r....,__ p, 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(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. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. I 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; ifa n 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�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 11000 feet of the mining permit boundary,must be provided on the mine mab(s). NOTE: "Highway"Imeans a road that has four lanes of travel or less and is not designated Interstate Highway. q. Map legend: l. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres j 1 inch= 50;'feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tai lingslsediment ponds, stockpiles, wastepi les, processing area/haul roads, mine excavation 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: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds i 3.4 Stockpiles ¢ ! 2.0 Wastcpiles , 4.0 Processing ArkHauI Roads _ 10.4 r/ Mine Excavation 71.48 Other 0 ' � I 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 IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM.I THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -£. _ f� k.._ �. r_ max. � r _ �• ��A _ .� .F _ i'®,,.c�' ..". Y,: wyK� • �: _.-- � � ems:=-�' - '"`•4t.ii.33.=t•T._ �'%.s'Y'a.-f �! �'� .!S<°' �.K _ �_, i't_ `�• y -,Fy'+ ��i�� ''�. �F 4� •fir- •r•�-,�+1�,("'! E i _ �.. � >:'�r"'., •ci:, Y46 r•:C'• 1� %-a.:�-:� �i:t• �;r,r -C +: .:`ie��rly'° _ 'j .:',. ?:' r_:e z=S� ':`�.`�.rs:! ,._it`s`%`' -,i%.�r.• '" .. �,�� �• ;��` �"`'r. 7�1.F`i. -..! •�-" �y�• _y,'.4.���, ,t L._ :� ' s��.:may De S l w F R NON IRV MAIN n C-4`.'!s`' - - i'� � -r� •' e"txtt}t J F*-tinpp��•y�' ��F- x~�si z - 4, _ •.F. ,.'�t=. r..ti-'$- - 5 ram. -: "�Y� _. +,r~ `�tiX`1- :c ':2:= _ >'�:3 "i i•f Z �t_-`''�i'e. 5r5--�y <<.� > tie � � S�.ywiti w .w' .ti-. ,'.i-.•i ;i�•uf: 4.`�•_�.^ _ .X- '3r:x`.�.' 1. _:4 S -:.. -.� - '. �... 2 mil I day Omeb an,l . )"o ov 1 � RAINFALL DATA MAP R - l 3 3.5 5 5 J 4.5 TT 5 J 1 L > : - 10 Ye4u1 day wanryiaLnu yunmul CALm -�� RAINFALL DATA MAP J �e 48 48 e 46�.\ _ 8 5.2 54 56 5.8 . s :vr bpi 5.2 5.4 ✓ .:... .. .l (�. .j 6 _/Y Up, • iN 6.5 `7 lbp e M ILi } 2510arl gay n ac plann lnc l.sl 25 RAINFALL DATA MAP 66 'r s s.s \ _6 5.5 M1 5 j _ ss 7 I 1 n_I —_- 6 sPNS' � I • RUNOFF CURVE NDMBER COI4PUTATION Version 2. 10 Project : Ila sh brick I User: tPs Date: 06-27-2004 County : ha lifaz State: nc Checked: Date: Subtitle : new nlne area Subarea --------------------------------_______________________________________________ H ydrelcgic Soil Grncc Acres (CN) ---------------------________---_______________________________________________ FULL° DEVELOPED URBAN AREAS (Vag Estab. ) Impervious Areas Paved ca_ 'e.inc loos, roofs, dr'_va wa ys - 5-04 (96) - - - - DEVELOPING URBA:1 AREA (No Vegetation) Newly graded area (pervious only) 10. .(91) - OTHER ACRICULT❑PAL LANDS Pasture, c-asslacd c- range good Total Area (by i:7d-olegic Soil. Group) 36. 2 __________________:______r n __________________ ____'____________________________ SUBAREA: 1 707AL DRA..IAGE �AREA: 36.24 Acres WEIGHTED CURSE h'UMEER: E2 TIME OF CONCENTRATION AND TRAVEL _TIME Version 2. 10 Project : Nash Cric;: , User: cps Date: 06-27-2004 _ -Ceunty : halifax - - 'State: nc _ Checked: Date : Subtitle : new mine area ______________________ Seba L ____________________-______ Flow Type 2 year Length S1){pSurface n Area Wp Velocity Time rain (ft) (ftft code (sq/ft) (ft) (ft/sec) (hr) _______________________________________________________________________________ Sheet 3: 6 1 300 . .04 ". :,. --. a 0.281 •Shal lowCnncent'd 1260 .047 u ' 0. 100 Time of Concentration 0. 35' -- Sheet Flow Surface Codes --- z A Smooth Surface F Grass, Dense - Shallow Concentrated --- . B Fallow (No Res. ) G Grass, Surmuda --- I S.—face Codes --- C Cultivated < 20 k Res . H woods, Light P Paved D Cultivated > 20 8 Res. I Woods, Dense U Unpaved - E Grass-Range, Short J Range, Natural I .- . . ' - Generated for use by TABULAR method - ) _ TABULAR HYDROG.4ApH METHOD User : tps Date: OB- Version2. 10 Pro' County : halif Da 2712004 7e=tt Wash brick Su'pti tie; newState: no mine area Chacked: Gate: Total Watershed area: 0.05�7 s q mi Rainfall type : 11 Freaue nc7:� Subareas 10 Years Ralnfa!tlinl 506 Curve number 82• Runoff (in� 3. 71 To (hrs) 0. 38• .iusedi - v.s0 . T:TeTcOu- Iet 0. 00 1-ip 0. 08 (used) 0. 10 Ic_ 1 E!o-: 1 Cor r£buc 'on n _u roa ' 4 � TGtul =1 O 11 _ ty L i6 12. 0 30 30 12. 1 57 2. 2 98 S8 12. 3 124P 124P 12 . 4 121 12, 51 12. 5 91 12. 6 63 63 12. 7 45 45 12.8 34 4 3 13. 0 22 2 _ 13.2 16 -16 13.4 13 13 i 13. 6 12 13 s 10 1p ; u tt�Il �r 1 tI�SJ[oy 4 0 9 12 9 7 71. 1 ti ? 14 6 4.3 ( is B. 8'i 8x r i t a'j l 7 -.*15 0 - 1g15.5 106.0 °. 5 '. `5 . . 16.5 5 5 17. 0 4 4 11 .5 4 4 18. 0 4 4 19.0 20. 0 3 3 1 22 .0 5 3 . .i 26.0 0 0 - P Peak Flow value(s)74pro ed from FTR 155 :s routines •� F 14 f x �' xp Project r Nash brick TABULAR N7DADGP.APu County :' halifa� MBTHOD Subtitle : new mine State: nc User: cps /ersion 2. 10 area C"'Eckec: Date: 08_27_2004 Total watershed area: Dace: 0. 057 falls=as so ma Rain.al . e: -i crecuency:. 25 Area lsq mil _ Years 0. 06- o ---------- Rai rlie nu (in) 6. 5 . Cur✓= number 82, P.0 noi;(in) 4 . 45 . . _ Tc lhrs) hUsec) O; SO TiaeTOOut lot a 0. 07 Time Toca' _______ (n rl clew Suba:.�a to iT,E. � Si ch 13 .0 � 11 . E 9 0 11 .9 19 I 12.0 36 36 2. 1 68 68 12.2 118 118 12.3 149P 149P i 12. 4 145 145 12.5 109 109 12. 6 75 75 12.7 54 54 12.8 41 1 13.0 26 26 13.2 19 19 13.4 16 16 ' 13 . 6 14 14 13.8 2 12 14 . 11 11 14 .3 10 .. '15:0 .'.':1.:. 9 15.Ss e.:1 6.' . d 5 5 18.0 19. 6.... _ 5 _ g - - 20.0 - 4 4 - 22.0 3 26.0 3 !-- P - Peak Flow "' - 'C,VA f- value(s) prp�titled fromlTR 55 {system routines STORAGE VOLUME FOR DETENTION BASINS Version 2 .10 Project : Nash brick ', User tos Date: 06-27-2004 County : halifax. State: no Checked: Date : Subtitle: new mire area Drainage Area: . 056625 SqL Miles '.ainf;all Frequency: 25 years Rainfall-Type: II Runoff: 4 .4 inches Peak inflow: 149.00 cfs Detention Basin Storac_e Volume: 2 . 37 Peak Outflow: 119 cfs STO?.dGC VOLUME FOR DETENTION JEASIOS Version 2. i0 Project : Nash brick User: tos Date: 08-27-2004 County : halifax State: nc Checked: Date : Subtitle: new mire. area DreC^ace Area: "056c25 Sq 7'_1es ..a_nfzl_` F_equency: 25 years Ra_nfall-Type: ii Runoff: 4 . 4 inches Peai. 7af104: 149 .00 cis Detention Basin Scorace Volume: 5 .0u Pec'r: Oct_icw: 97 cfs S?OP.AGE VOLUME FOR. DETE:1?ION BASINS Version 2. 10 Project : Nash brie: 4 User: Los Date: 08-27-2004 County : hallfam State: no Checked: Date: Subtitle: new mire area Drainage Area: . 056625 Sq miles Rainfall Frequency: 25 years Rainfall-Type: I1 Runoff: 4 .4 inches Peak Inflow: 149.00 cfs _ Detention Basin Storage- Volume: 4.00 Peak Outflow! 67 cfs STORAGE VOLUME FOR DETENTION BASINS — Version 2. 10 Project : Nash brick User: tas Date: 08-27-2004 County : halifax _ state: no Checked:_ _ Date: Subtitle: new mine area - ._.�...r.A. 64 Drainage Area .011125 Sq males - 1i• Rainfal1-,Frequency:,25 years Rainfall Type II � ( �� , > 1 Runoff > 4 4 ',inch dial\I �J - tt'"Peak`Inflow "Y49 00 cfs 1 :�1t f' 9 Detention Basin 'S forage ,Volume 5 00 Peak Outflow: 46 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2 . 10 Project : Nash brick i User:' tps Date! 08-27-2004 County : halifax State: nc Checked: Date: Subtitle: new mine area - '� -- Drainage Area: .056625 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 4 .4 inches Peak Inflow 149.00 cfs J. 1 4 Detention Basin Storage Volume ( 6.00 ill UPea k'lNe rnut flow; .31 cfs µ. Ze it I Project : Nash brick S7 DRAG E VOLUME FOR DETrp;?IOEf 2ASi215 County : halifay .. Version 2. 10 Scoil a: State: ( User. tos -" mjne area nc Checkecu Date: 08-27-2004 Date: Drainage P.rea: . OS 1625 Ragn 'all-ryce. I SG miles Rainfall F Runoff: reccency: 25 years ..4 - 4 in es 'ear Inflow: 1; Detention gas:, torn cfs Storage rage vol u.me: ] OD Pala Outflow: :=^-= Nash - S`OaAGg VO LU[^.E FOR D=?E2J?IO 2I oF,5i 0 cfs 2 aci HS Cell-';_ : halifd. . . " Version 2. io S'-ytitl State: cc User: [ps Date: 08-27- e: rea nine area Checker: 2004 Date: Drainage Area : 056625 �4-n.a "r ^e: is S9 miles Rainfall - -recuenc : 25 years Pea?. : ow; ir.eh es Y Dare in fl '" 149. 00 cfs Deta^:ion. 8as-n Storage Volume: i i ' 10 Peak Occloa: IS cfs I � m ;J-. l i a y4 tti3i'4 e 9 SUJta' L 1 _ L.'• M a i j 1I Table B.07a Pipe Flow Chan for Design of Corrugated Metal Outlet Conduit (0 in cubic flfseC� For ecrrusated neta1 Ptpe inlet re.. rb , 1,0 and 70 seer o, eor_,9etet 3•._a: P:-r+ ccnd_lt P. 0.025. Note co..ec. on'f :ac.0% for othat pipe 14.11rhS. e l2' l5" i LB" 21" 123" 30. J5" 33' 2 + 2.83 3.921 I 7,73 11.30 15.60 26.60 40.17 50.12 ] l.<d 6.015 9.37 13.Qa 19.10 ' 32.58 39.93 ii.19 - 4 i 4.02 -i 6:96{ i " 10.94 i ' 15.98"' i 12.0b' - I -"37.62 57.66 _ E2.20 _ 5 :.:1 l 7.)8 ; Il. 6 <2A6 6-.5 91.9J 6 3.52 0.52 � � 13.40 19.57 2).<: :6. 77 -i.6: :ac.5s 5.32 9.21 '1i 13.37 ' 21.13 ( 29'.19 :9.77 76.29 IGS.75 E 5.6E 9.8: 41 15.47 I 22.60 3.,19 53.19 E: .53 116... 9 6.03 10.33 li 16.31 23.9) I 33109 56.-3 ?6.41 1:3.10 .. 5.`5 1:.cc 1I1 .7.]0 25.:1 - .-... . .... ' .:. .95 l .5. 1 .0.1i :5.5G :6 Al 1 6:.31 I ..... ..a.]] i 12 i 6.96 12.05 1i 16.95 27.68 36A. 65.16 59.97 132.37 13 i 7.15 12.55 'I 19.71 26.81 39.7' 6].83 10].96 138.2- 13 i 7.52 13.02 20.47 _�G an. .._ I 4:,'21 70.19 ... .moo 153 '50 ' 11 7.70 13.38 I 21.19 I 30.95 I 42_]12 72.U5 I 11:.66 159.19 16 8.04 13.92 21.BB 31.96 I ::.12 75,23 :._.-: :G3 17 6.29 I 13'.35 i1 12.55 R.9: I 45.38 77.55 -.a... .." . 18 6.53 13.77 1 21.21 ]3.90 46.6a 79.B: 1::.13 1%.]S 19 8.76 I 15.17 ' 31.6i ]:.8] :B.CB 81.99 ._ .57 179.15 20 0,99 I 1.`..56 I1 2:.i6 35.6] I <9.]3 84.13 1:5.93 163.80 21 9.21 I 15.95 25.07 36.62 50.55 06111 132.13 100.36 22 9.43 I 16.32 1 25.65 2).9) 51.73 . 06.22 135.21 192.76 23 9.66 ., 16.694 126.23 38.32 52,90 90.21 130.27 197.12 24 0 '9`0!j; 1] 05��, :126.80 99.13 1 53.04! 92.15 131.23 201.15 . 25 p y10 OS.e ll 00,[. -}27.35- 39.95 - 55.15' 94.05 144.15 A Y r 9 9 Gr Sq Lt f N.i,• ` Correetlon Pactora For Other Pipe Lcc5:h5 ] . e0 1.21 1.32 1.20 1.19 1.16 l 1.14 514 50 1.13 I 1.13 1 1_12 1. 1.10 1,09 1,08 1.07 N 60 1.07 1.06 I1.06 1.05 1.05 1.C: ' 1.0: 1.03 70 1.00 1.00 11.00 1.00 1.00 1.00 1.00 1.00 , BO 0.95 0.95 10.95 0.96 0.96 0.96 0.97 " 0.97 90 0.90 0.91 10.91 0.92 • 0.93 11 0.91 0.93 0.94 100 O.B6 0.87 '0.88 '0.89 0.09 0.90 0.91 0.12 L . _ /LI 7 u�(i�ti� 29 3 1 xf� 8076 ISy < PpL e 300 Outlet '—r w ' 00 • La 129 pipe I I I� . 1 diameter Ca ' 0d I I l f - d r— l70 r .500. _ 100 go • � eo I F c\ I e!a 7g c 6J e I r ,C�JC )50 I 30 a I ; a _ o n th Ig a 1 tg 50 I 3 s 10 20 s0• 1. 100 200 500 I0w J, Disoaige(R3lsec) Z ` I Grrd S Curves may not 6e extrapolated Figure 8.08b Design of outlet protection Lom a foundpiponowinglull•mmimumlailwatercandiuon(T.20.SCameter). r I � � -- �, - - -- ` , - _�__ ' �� Fi_r �_ �i_� ��;� psi �''i. ' 4 —J , GS _G�_' �e. /°.—•_/�P_ _. _- . _ —J.--� _—__ . _. _ y y � �.,, _. L- -- - - .. __ ___ ✓ '____ _ _ i _ __ _ ___ _ r — _..__— — '_.r _.I_ J_ �—_ ..._ ___..__ .__ _.—.__. _ __ __,_.I__.__.. _ ___._ .._____ ___ _ . .. . __.__ _ C r r � ., . ._ / / - , j � - � -- � , _ _ � % Jlt�Wl iAF Gf /V� :.. //> 1:� /P�!� l/C " e(i� � � �% n _ i• --___ _.._ __ � —�.r-- _-- __.__._ __ __— 1 — I __I� _ .— —__��-- - -_ L— II I t I ' llll� .t -_ .___ . _. . �l. _ ._ .... _._... _ . A.. J'a r= RAINFALL DATA MAP 13 /6 6.5 7.5 a / _ 5 � I � _I. 11 rr 9 9 10 I 'e4' RUNOFF CURVE NUMBER COMPUTATION Version 2. 10 Project Nash basin 5 User: tps Date: 10-04-2004 County halifav State: no Cheered: Date: Subtitle: reclaimed Subarea . _ ---------- -------------------------------------L_____-____-____--_____________ Hydrologic Soil Group COVER DESCRIPTION F. B C D Acres (CN) _______________________________________________________________________________ FULL! DEVELOPED URBAN AREAS (Veg Estab . ) i0oervious Areas Paved parking lots, roof a, driveways _ i - - 5 .04 (991 - OT:iER FGRTCULTURAL LANDS Pasture, grassland or range good - 31 . 2 (74 ) - I .are; A_ _a (by Hycrolog>c So Crcc__) ..6. 2 _____TOT L DR.=..i NmGE ARE=.:SU A.P.-P.: . ( ----- Acres 'N------D CURVE - _--_- -i _______________________________________________________________________________ TIME OF CONC-NTRA'710N AND TRAVc TIME Version 2 . i0 :'raj ect Dash basin 5 'User: tps Date: 10-D4-20C9 County halifax State: no Checked: Date: Subtitle: reclaimed ____----- ryes . (ftl ).tabs) code . subarea 3d _ _ ------------------------------- -- I ain ox Tyne-��2 yea r�--_engih � Slope Su-face .^. �i Area Valor cy 7_:.e _ - p Sheet 3. 6 300 .04 e 0. 251 Shallow Consent 'd 1260. .047 u O. ioo !Time of Concentration. s 0 . 3E --- Sheet Flow Surface Codes .--- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow (No Res . l G Grass, Surmuda --- Surface Codes --- C Cultivated < 20 % Res. H Woods, Light P Paved D Cultivated > 20 % Res. I woods, Dense U Unpaved rase-Range, Short ( S Range, Natural Generated for use by TABULAR method it I I 1 I I CIS �TABULAR HYDROGRAP.q METFOD Project Nash basin 5 ' ( Version COU� 42. 10 -20 Sub-, ,y : reClaimfa% 11i1y User. tos Date: 10-04- State: n 2004 S ubrLe le : reclaimed ° Gnecie°: Date: 70ca1 waceashed 059 so m'. R- ,pE- /I ll �" += crecuency: IDO years Subareas Areals4 mil 0. 06' 1 ' Ralc;allfin) 8 . 3 Cure numer 77- RunOf (in) 5. 55 .c (-rs) 0 . 36• '(Used) 0. 40 - - - la/- 0.07 DLe;i; 0 . 10 Pctal Su bared c nf C0ne r1 .`_e e _<Ca': :loN Iefsl `___________ C c 2; 24 12. 0 44 44 12. 1 25 12. 2 + 47 147 12. 3 166? 186P 12 . 4 280 180 12. 5 _- 135 12. 6 94 94 _ 12. 7 68 68 12. 8 5l 51 13. 0 33 33 13. 2 24 24 13 . 4 20 20 13. 6 i7 17 13.8 15 15 14 .0 14 14 14 .3 12 12 14 . 6 11 11 15.0 10 30 15.5 9 9 16.0 8 8 16.5 7 7 17.0 7 17 . 5 6 6 18.0 6 6 19. 0 5 5 20. 0 4 4 22 . 0 4 4 ; 26. 0 0 0 P - Peak Flow - Value (s) provided from TR-55is stem P Y routines " � I STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 ercject Nash basin 5 Co, nty ha Iifar. User. cps Date: 10 reclaimed I -09-200A Slate: no Gr eg Y.ed: Date: Scbc[le: Drainac= A.rea : ,.056625 Sq miles Rainfall Rainfall-Type: II reccenc y: 100years - Runoff( 5. 6 inches peak Inflow: 186.00 cfc Detention Basin Storage l Volume: 7 .GO Peak Outflow: 46 cfs STORAGE VOLUME FOR DE`NTION BASINS Version 2, 10 _ Project : "lash basin -5 Cccnty : na lifa.: state:- — -I User. t.nS. Date: 10-04-2004 „ .• nc Cne_..sc._, .Deco: S ub ccle : reclaimed I Drainage Area: .056625 So miles Rainfall Frecc<nc/: 100 ..a-.^._a -Type: II - years Runo(_: 5. 6• inches :a-- _..flow: 186. 00 cfs Detenc_o r. Basin Storage IVolume: a . 00 Pear. Gu[fiow: 33 rs STORAGE. VOLUI4E FOR DE--1TI0f1 2i.S-:JS Version 2 . 10 r roject lizsh basin 5 ' User: cgs Date: 10-01-2004 Cocn,y ha 1i`ax State. no Chec:c._c: rate: Subtitle: -aclaimetl Drainage Area: . 056G2., Sq miles Ba inCail Frecvdnc y: 170 Rainfall-Tyne: 1I Years Fe 5. 6 incbes ee ak Inflow: 186.00 cfs ^etenc'-cn Basin Storage Volume : 9.00 Peak Outflow: 22 cfs i II 1 i i I I i i IA � NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources' James D. Simons, P.G., P.E. Land Quality Section , Michael F. Easley, Governor Director and State Geologist June 4, 2004 ` William G.Ross Jr., Secretary a Mr. Don Bowden Nash Brick Company PO Box 962 i I Rocky Mount, North Carolina 27802-0962 i RE: Permit No. 42-01 1 lta Mine Halifax County 1 Tar River Basin Dear Mr. Bowden: ' I Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclose. The new expiration 'date is June 4, 2014. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971.1 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 48 and 4D and Reclamation Condition Nos. 1, 2A, 2B, 2C and 3. As a reminder, your permitted acr.age at this site is 492 acres and the amount of land you are approved to disturb is 80.78 acres. I Please review the renewed permit Iand contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Siy>Irerel Floyd R. Williams, PG, CPG, CPESC State Mining-Specialist r..._ia_. n �s: Land Quality- SUeCtIVl1 FRWIjw Enclosures cc: Mr. John Holley, PE Ms. Shannon Deaton-WRC, wlenclosures. Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine an d Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 1 , An Equal Opportunity 1 Affirmative Actioni Employer—50%Recycled 110%Post Consumer Paper I i DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES i LAND QUALITY SECTION PERMIT For the operation of a mining activity I In accordance with the provisions of G.S. 74-46 through 68, " The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations I Permission is hereby granted-to: i Nash Brick Company Ita Mine I Halifax County — Permit No. 42-01 for the operation of a Clay Mine i Which shall provide that the usefulness, productivity,land scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. I MINING PERMIT EXPIRATION DATE: June 4, 2014 i i i i Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, 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 surroundinq environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance1with 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 expiration, revocation, or suspension, of this permit. i This permit is not transferable by the permittee with the following exception: If another onRratnr cm irn.Parls to the intarPct of the nPrmittPP in the nermitteri mining nnPratinn_ by virtue of a sale, imposed upon him by the conditions of his permit and by the Mining act with reference to the permitted operation, antl 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 the 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 iaw. i Definitions Whenever 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. Modifications i April 14, 1992: This permit has been modified to allow stockpiling of petroleum contaminated soils in accordance with the Soils Containment and Treatment at Brick or Asphalt Production Facilities Permit No. WQ0005181 and sheets 2 & 3 of the Petroleum Contaminated Soils Storage Plan dated May 28, 1991. ' March 8, 1996: This permit has been modified to allow mining o�n an additional 2 acres of adjoining land as indicated on the modification request dated March 2, 1994, additional information dated May 27, 1994, and mine map received by the Land Quality Section on March 4, 1994. September 8, 199.9: This permit has been modified to incorporate the Powells Creek Mine (Permit No. 42-13) into the existing permitl and to increase the affected area to 80.78 acres as indicated on the mine map, Sheets 1 through 3 dated April 1, 1999. - i Page 3 l Expiration Date This permit shall be effective from the date of its issuance until June 4, 2014. 4 Conditions i 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: i OPERATING CONDITIONS: 1 . A. Anv wastewater orocessina or mine dewaterina shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission, @Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Management Commission. It shall 6e the permittee's responsibility to contact the Water Quality Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and Irules 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. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. QB. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels; shall be conducted as indicated on the Facility Layout Map, and the Erosion Control Details Map both dated February 27, 2004. I { Page 4 C. Silt fence shall be installed and maintained along the toe of all proposed fill slopes for earthen berms to be constructed at the site until the berms have been stabilized with a permanent ground cover. D. Silt Basin No. 2 shall be pro;ided with an adequate level spreader such as a flat rip rap apron with a downstream level lip to prevent erosion of the discharge point. \ 5 All affected area boundaries (80.78 acres) shall be permanently marked at the site on '7 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosions 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 ground cover, devices or structures sufficient to restrain such erosion. 7. 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. 8. Existing vegetation or vegetated earthen berms shall be ' maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. i 10. A physical barrier consisting of it fence or earthen berm, etc., shall be maintained around the perimeter of any highwlfall. 11 . 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 UOI Cbb aUtflVllZdUVll W Wnuuu bd[U UlbpUbdl flab Inbl OCefl VUlalfleu Hein both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse defined by 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 containersior any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this per ijit, the Division of Land,Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): Page 5 1. on-site generated land clearing debris 2. conveyor belts Ill 3. wire cables 4. v-belts 5. steel reinforced air hoses 6, drill steel D. If mining refuse is to be permanently disposed within the mining boundary, the following information must1be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1 , the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. F Rtncknilinn of nnly notrnlei Im rnntaminatari mils shall hp rnnriurtari in accordance with Permit Not WQ0005181 issued by the North Carolina Environmental Management Commission 12 An nnunl Geplamalinn MnnnA ch�nll be c„brained n fI rm e IIe. ..upp.n.,.V ti.. the r1e..ea..e..r .. .. ...r.... ........ .... .. ., „y by February 1 of each year until reclamation is completed and approved. 13, The operator shall notify the Department in writing of the Idesire to delete, modify or otherwise change any part of the mining, reclamation, orierosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 74. The security, which was posted puIrsuant to N.C.G.S. 74-54 in the form of a $198,300.00 G t/ Irrevocable Standby Letter of Credit, 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. 15. 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. I B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains ProtectionlAct, " 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. 1 I i Page 6 APPROVED RECLAMATION PLAN }} 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. The approved plan provides: I Minimum Standards As Provided Bv G.S. 74-53 1 . The final slopes in all excavation 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. ; 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. ; 3. 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. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or likely to become noxious, odious or foul. 5. The revegetation plan shall confo rm to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment [tea a: . A al., KI, "L JIa io..I aI IU LI I IVUI LI I l�dI VIII Ia FUliVOL JCI VII,U. 6. 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 span toltne extent reasibie pro,viae 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 year's after completion or termination of mining. i RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore portions of the mine excavation to lake areas and to regrade and satisfactorily revegetate any other disturbed areas as indicated on the Reclamation Plan Map dated February 27, 2004. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: Page 7 A. The lake areas shall be excavated to maintain a minimum water depth of tour feet measured from the low water table elevation. B. Side slopes to any lake excavation shall be graded to a 3 horizontal to 1 vertical i or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. All the final perimeter sideslopes not left as lake excavations shall be graded to a 2 horizontal to 1 vertical o'r flatter slope. I D. Any settling ponds or sedi$ent basins shall be backfilled and stabilized. , E. The processing, stockpile,l and other disturbed arreas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11.A through E. H. The affected land shall be graded to prevent the collection of noxious or foul water. i I 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan approved by Mr. T. Patrick Shillingtonf, PE, on April 12, 2004. 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. t F I Page 8 This permit, issued August 14, 1972, renewed September 2, 1982, renewed and modified April 14, 1992 and modified March 8, 1996 and September 8, 1999, is hereby renewed this 41" day of June, 04 pursuant to G.S. 74-51. By. A James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources l 1 I I Legend General Property Information AN N. I NOVAN --- Al /-�� vemip nmp y _ _ - _... III _ 1 •&le VAN ANNAV .. Al ... All ON All AV NAVAN •.-. _TVNYiI —. e --- � - - - - - AN _ " ^ �� ANAN IN' M. - . NAAA IV AA,V'A,., �vAAAAjAI IV _ - MAN ..,, m._ Al.1AAAAAA1AjNAlA.ALAN ....... ._. S r iFwd: Its Mine (42-01)1 Subject: [Fwd: Ita Mine (42-01)] From: john holley <john.holley@ncmail.net> Date: Wed, 12 May 2004 12:14:46 -0400 To: Judy.Wehner@ncmail.net I spoke with DWQ today, and it does not appear that they have any / outstanding issues with this operator. I did note, however, that J/ the y outlet from Basin 02 should be provided with a level sp ade flat I�� "•-rW rip-rap apron with downstream level lip would be acceptab e.V there are any questions, please advise. . Subject: Ita Mine (42-01) From: john holley <john.holley@ncmaiLnet> Date: Tue, 1 I May 2004 17:29:57 -0400 To: judy.wehner@ncmail.net We have reviewed the subject renewal application and find it to be acceptable from a sediment and erosion control standpoint. The proposed basins appear adequate to meet our current requirements. DAQ indicates no outstanding compliance issues, and DWQ should not have any issues beyond the general permitting since we are satisfied with the current BMP' s in place and proposed for the mine. I will let you know tomorrow if DWQ expresses any concerns. If there are any questions, please advise . John L. Holley, Jr., P.E., CPESC <John.Holley(a)ncmail.net> Regional Engineer Land Quality Section DENR John L. Holley, Jr., P.E., CPESC <John.He]ley�ncmail.net> 1 of 5/12/2004 1:06 PM Ita Mine (42-01) Subject: Ita Mine (42-01) From:john holley <john.holley@ncmaiI.net> Date: Tue, 11 May 2004 17:29:57 -0400 To: judy.wehner@ncmail.net we have reviewed the subject renewal application and find it to be acceptable from a sediment and erosion control standpoint. The proposed basins appear adequate to meet our current requirements. DAQ indicates no outstanding compliance .issues, and DwQ should not have any issues beyond the general permitting since we are satisfied with the current BMP' s in place and proposed for the mine. I will let you know tomorrow if DWQ expresses any concerns . If there are any questions, please advise. I T 1 f TT 11 Jr., T T !`1TY'�Cl 11 -T 1 fT 1Y 11 1 f Bonn 1— nolley, J r.E., CYPES3L ��onn.r-yolley(u'ncmaii.nei-- Regional Engineer Land Quality Section DENR I I of 1 5/12/2004 10:22 AM 1 ` ® 0 A7iLA. NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary John Morris, Director May 3, 2004 MEMORANDUM .. TO: Brenda M. Harris i '�.` MAY 3 2004 Mining Program Secretary Land Quality Section FROM: Kristen McSwain Water Allocation Section Division of Water Resources SUBJECT: Mining Permit Modification Request for: Nash Brick Co. Ita Mine Halifax County Please find attached a copy of the mining permit modification request for the above rPfPrPnrPrl nrniet•t The Tta Mine located in Halifax C oimty annenrs not to have an nncinly adverse effect on ground water supplies. However, future monitoring of adjacent private supply wells may be required if adversely impacted from the dewatering of the Surficial aquifer at the.., Ita Mine. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene, Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at(919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1 6 1 1. One 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 NofthCarolina Phone: 919-73340641 FAX: 919-733-35581 Internet: www.ncwater.orq Natura!!u L"Ar... NCDENR APR 14 2004 North Carolina Department of Environment and Natural Resources Division of Land Resources DIVISION OF WAFER RESOURCES Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 13, 2004 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Renewal for Nash Brick Co. Ita Mine Halifax County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Dlo-��e finr4 . ++nnhnrl fnr l ^..r rn.. r��.� —f+k .• ;+ w.r.A;f;.+..i-*.. i icaoc in iU civa%..i icu rvi yvui 1 cvicvr a ivpy vi Li is i i ii Iliig pert i nL i i ivun Icauuiii request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on May 7, 2004 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper i•p�q• . a ® North Carolina Wildlife Resources Commission Charles R.Fullwood, Executive Director MEMORANDUM TO: Brenda Harris, Mining Program Secretary Land Quality Section North Carolina Department of Environment and Natural Resources and Jeff Wyers, Mine Manager Nash Brick Company FROM: Maria Tripp,Northeast Coastal Region Coordinator-.� Habitat Conservation Section DATE: April 29, 2004 SUBJECT: Mining Permit renewal for Nash Brick Company, Ila Mine, Halifax County, North Carolina Biologists with the North Carolina Wildlife Resources Commission (Commission)reviewed this permit application with regard to impacts of the mine on fish and wildlife resources, Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act(48 Sen. 401,as amended; 16 U.S.0 661-667d), Section 40l(b)of the Clean Water Act of 1977(as amended),and the North Carolina Mining Act of 1971 (as amended, 1982; G.S. 74-76 et.seq., 15 NCAC 5)- The applicant is requesting to renew Mining Permit No. 42-01.The clay mining operation is located near the intersection ofSR 1338 and SR 1339 in Halifax County. 80.78 acres of the 490 permitted acres can be mined within the next 10 years. The Commission is pleased that the applicant plans to reclaim the mine as a lake for fishing and waterfowl habitat. Information regarding establishment and management of fish ponds can be accessed at htlp'/hrvvw uns ldlifcoru/pg03 F'sl ' /' ¢ s/PONDMANS PDF. To benefit wildlife, the Commission recommends year-round planting of kobe or Korean lespeden, winter-time planting of rye or:vbea: _^A summer-time planting ofmillet or sorghum. These plants provide erasion control and forage and cover for a variety of wildlife unlit native grasses can become established. Seed types including bahia and Bermuda grass provide limited benefits to wildlife, and maybe highly invasive and inhibit eventual establishment of native grasses. To provide adequate shallow water for aquatic vegetation growth, the pit slope of 3 to 1 should extend to a water depth infat least 4 feet. Further technical assistance regarding managing fish and wildlife on private lands can be found at hiloWnivw.newildlifc and or solicited directly from Commission Biologist William Edwards at (252)459-7891. The Commission appreciates the opportun ity to review th is permit application. If you need further information on these comments,please contact Maria Tripp at(252)946-6481 extension 345. Mailing Address: Division of Inland Fisheries • 1721 Mail Scrvice Cenlcr • Ralcigh,NC 27699-1721 Telephone: (919) 733-3633 ext. 281 a Fax: (919) 715-7643 A''A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 13, 2004 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp `1—f Habitat Conservation Program Coordinatornt" Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary C\J .� P.q Land Quality Section r � 3 SUBJECT: Mining Permit Renewal for Nash Brick Co. CP " iron ;a> Ita Mine 9 1 Halifax County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 7, 2004 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your .,fir. ♦.. �4... ..�...J ♦I-... .. .I .-..-.� .. MCTI 1M1�1 A 1 1 A 1"!f'11 1/'�ATlr%Ll comments LV he .Jerson notled in llMe dppift, IlIVII. RC 1 Vr%IM MALL APPLIlON11V1Y MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wphnar nt MQ1 7-11-dr,7d if vnll hnvp nnv nilactinnc `., ...� .... .... I .. J...0 .,....., �.. y .i..... .�. ..... Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled\10%Post Consumer Paper MINING CHIECKL15T FOR ROUTING y� Applicant's Name: nQ�6. Project Name: 0-k Applic./Permit No.: d-o County: &NAv Date Received: / D Reviewer: aAJA Kiver basin iJOA J ❑ New �enewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release ❑Additional Information ❑ Fee Needed: $ ee Received: $ 5!)0 roux, entire application package.ts; 'I Regional Office (2 complete copies; attach JOICC Office Mining Application Review Checklist" to one copy and attachthDA �°"Mining Application Review Form'to the other copy; send both copies tt nal Engineer)Date: Routed l 13 6d vision of Water Resources Datz: Routea yr Reed r E C Wildlife Resources Commission Date: Routed Rec'd I ❑ U5 Fish & Wildlife Service Date: Routed Rec'd f (Only new applications and modification requests that add land to the permit) i s Please route first 3 pages of the application and any location maps ta• ❑ Division of Parks & RVC, C"Von Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) t ❑ Division of Archives & History Date: Routed Rec'd {, (Only new applications) ' ❑Other: Date: Routed Rec'd S Ir . Amy ""SuSpenee Date for Gomment5: -7 (no later In 25 days from receipt) ❑ Please note the following: r NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 13, 2004 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris &4&t� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Nash Brick Co. Ita Mine Halifax County Please find attached for your review a copy of the mining permit application request for the above referenced project. Ptwaca review thi-, infnrmatinn and arivisa aG to tha nrnhahility of thi-, nneratinn having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 7, 2004 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Frmnl Onnnriiinity 1 Affirmnfvg Ar}inn Fmnlnver—90%Recvcled 110%Post Consumer Paoer NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist April 13, 2004 William G. Ross Jr,, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeoiogy Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Nash Brick Co. Ita Mine Halifax County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on May 7, 2004 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 /FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal rinnortunily Y Affirmntivo Ar+inn Pmnlnvar-1; 1/PArvrh-H1 10 Pnrt f nn5umar PanP.r A A DATE INVOICE NO COMMENT AMOUNT DISCOUNT NET AMOUNT mmXpliOa OdO60J nnnmu ncmii 042A1 ingim p,p0 SOunn " E `. r,J6 ` t. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT;-HEALTH;-AND NATURAL RESOURCESLr I r LAND QUALITY SECTION < <' Fi APPLICATION FOR A MINING PERMIT f APR 12 2004 (PLEASE PRINT OR TYPE) 1. Name of Mine Ita Mine County Halifax River Basin Pamlico Latitude (dd.mm.ss)36-10-12 Longitude 77-54-19 2. Name of Applicant* Nash Brick Company „ , ,. ._..._..,.,..,.... .. ...._....__,_ 3. Permanent address for receipt of official mail** P.O. Box 962 Rocky Mount, NC 27802-962 T Telephone (252) 451-7813 4. Mine Office Address 532 Nash Brick Rd., Enfield, NC 27823 Telephone (252,) 451-7813 5. Mine Manager Jeff Wyers We hereby 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. ***Signatur Date 9-- � �D Print Name Don Bowden Title Secretary * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond or other security that corresponds to this site. ** The Land Quality Section 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. -1- 4 • APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: I. a. If 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 that the "new permit" fee will be based upon): N/A Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased:_ Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining permit No.: 42-01 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 490 e. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: N/A Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted bounday? 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 this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed"acreage to be added). If yes,indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification' fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: N/A Total permitted acreage: N/A ■ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Clay 3. Mining method: Hydraulic Dredge —Front-end Loader& Track X Shovel & Truck X Dragline & Track Self-loading Scraper X Other (explain) -2- . .. APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 55' Reference elevation:_ undisturbed ground _ b. Expected average depth of mine (feet) 40' 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted?_ _By_Nash_Brick. _ 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS l !'Leal"mark "-_.J label tb_ location -r-'-- ---- - -------�'--- --- i!♦ ' - -C_ "' a -- -- �-- -- - 1. I.ICa[ly IllalK and 1aUGl 111G IUGal1UIl V1 youl 1111111ng Upclauun Oil SIX top COWS U1 a /.J minute quaUlangic and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled, drawings, aerial photographs or enlarged topographic maps or the entire mine site. AN aspects of the mine site must be clearly landed on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) 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. 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. £ 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(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. Location 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. n Namrc of nwnr�rc of rrrnrrl tenth nnhlir and nrivntP of all trartc of lnnrl that nrP arlinin;na the mininrr .........., _. -I—— ..., r..,,..,....._N...—, ,,. ».. ..»...,,.,. ..,... I......,..,..J.,......b ..... .........t, 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 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 Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch= 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wasicpiieS, processing area/haw roads, mine excavation and any other major aspect or 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: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 3.4 Stockpiles 2.0 Wastepiles 4.0 Processing Area/Haul Roads 10.4 Mine Excavation 60.99 Other 0 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 IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT 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. Mining will continue at its existing locations and in the new areas that were permitted under a recent modification request in 1999. 2. Describe specific erosion control measured to be installed prior to land disturbing activities and during mining to prevent off-site sedimentation(include specific plans for sediment and erosion control for mine excavation", waste pines, accessimine 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 maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Erosion control consists of four sediment basins. Basins l and 2 consist of riser barrel type systems although for Basin No. 2, a brick check dam is provided. Basin 4 consists of a rock check dam. Basin 3 has not been constructed at this time, but will consist of a brickbat check dam. 3. a. Will the operation involve washing the material mined,recycling process water,or other waste water handling'? Yes No X . If yes,briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh water from the mine or plant as a point discharge to the waters of the State? Yes No X. If yes, briefly describe the nature of the discharge and locate all proposed discharge points along with their method ofstab ilizat ion)on your mine map(S). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No_. If yes,what impact, if any,will rnine dewatering have on neighboring wells? Estimate withdrawal rate in gallons per day: <] 00,000. Locate all existing wells on the mine nzap(v)that lie within SOO feet of the proposed excavation area. Provide data to support any conclusions or statements 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. Private wells provide the water supply for the various businesses and residencies in the area. Excavation below the water table should not impact these wells. No groundwater is removed from the excavation. The excavation will be conducted below the water table by a series of pits with excavatinn ennrj>>rteri in Parh nit ac Inna nc nnccih1P hPfnre 6ornif;�rnnt;rater.`..d mir nInt.nn aecurs t,.. ..b �....,...... ., b.. c. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality pem-iit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.) from the Division of water Quality, water Quality Section. in addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use pen-nit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. This permit has two storm water permits, one for the Ita Mine Plant (NCG070080) and the former Powells Creek Mine (NCG020337). Since 1999 Nash Brick has had correspondence with the Stormwater Unit,to combine the two permits. However, this situation has not been resolved at this time. The Nash Brick Facility also has two non-discharge permits for the treatment of petroleum contaminated soils (Permit Nos. SR050073 And SR-RRO-003). 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X No . 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. Nash Brick has an air permit for this facility (Permit No. 5128R12) b. How will dust from stockpiles, haul roads, etc., be controlled Stockpiles generally are not a problem concerning dusting. The natural moisture content in the soil in addition to compacting the material under equipment wheel loads has prevented dusting. For the haul roads the exposed ground will be wetted as necessary to minimize dusting. -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining permit boundary or right-of-way. It may be an unexcavated buffer (no excavation, out 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 at least 50ft from property lines, permit limits, and right-of-ways. b. A minimum 50 foot wide 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). At least a 50fi buffer is provided between the mine and wetlands, streams, and other natural bodies of water. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to i vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. A 2:1 (H:V) slope is maintained above the water table for the perimeter of the excavation. -8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(v)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. 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 cuts lopes must be provided on the mine map(s). No benching will be conducted. Cut slopes will be 2:1 (H:V)along the perimeter of the excavation. 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. Not applicable. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, 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. None 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 maybe acceptable high wall barricades. A construction detail/cross-section and location ofeach type of barricade to be used must be indicated on the mine map(5). No highwalls will be constructed at this mine. -9- a a APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from inc excavatiol-1, stoc kpiies anu waste areas oe wniraiieu: 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 spacings, sizes and species for tree plantings. The majority of the mine is screened by the wooded areas. b. Could the operation have 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'? No. 11. Will explosives be used? Yes_No X 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 excavations) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X No If yes, r1nsrrihn. thnsr�rriaterir�l.c hnit they ivi11 hrr ctnrnr]rr»r]»anlhnfl n{rnrrtrrinriaent in rrircr of tnih. In- ic-ale the location(s) of all storage facilities on the mine maps). Motor oil and other products required for equipment maintenance are stored in one of the on-site facility storage sheds. Petroleum tanks have secondary containment systems. -10- raw _ APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the 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 locations) of all nf�rnnnnnnt rhnn;?nlc mrjyt he indiratod on tho no.-Ini;n,tinr; n;nn The land will be revegetated in grass. The majority of the areas mined will be under water upon completion of mining. Land above the water will be sloped to drain by gravity to the water bodies formed by the excavation. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No_. If yes, illustrate the location of the body(v) of water on the reclamation map and provide a scaled cross-section(y) through the proposed body(5) of water. The minimum water depth must be at least 4 yet,incasured fruni the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X No . If yes, specify species. The lake will be stockpiled with bass,brim,and other species of fish native to the area. The local wildlife biologist will be consulted concerning the addition of these species. I Describe provisions for safety to persons and to adjoining property in all completed excavations in rock inrliirling what kind of nermanent h-irrirarle urill he left, A t-Yentahle nermanent barrirarrllec are ap prop hate r I N fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Not Applicable. -11- APPLICATION FOR A MINING PERMIT 4. indicate the method(s)or reclamation or 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. The overburden piles will be leveled and graded for positive drainage prior to revegetation. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Stockpile and roadway areas will be leveled and sloped for positive drainage. No ditches are associated with these roadways,which are flush with existing ground or are elevated by filling. The facility will remain intact for commercial resale value. b. Will any on-site roadways be left as part of the reclamation? Yes_No X . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 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 Environment,rieaith,and Natural Resources,Land Quality Section and either the Division of Solid Waste Management(DSWM) or local governing body. If a disposal permit has been issued by DSWM 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(y) and reclamation map, along with a list of items to be disposed in said areas. Refuse material will consist of primarily inert debris. This material will be covered with at least 2' of final soil cover. 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan. Indicate the location(v) of all permanent channels on the reclamation map. No channels are anticipated at this site. -12- • APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must incl ude I MUlnrnepda 10115 fur year-round seeding, including the lime of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary,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 Division of Forest Resources,Department of Environment,Health, . and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists n i r rrh fnrnlry with the f nnr _ of Ao _iJnir_ nA 1 ff em �rl P� Aet n„�,.�..,...�a, _ ,ecea._.. .___..� I—- - .- __._oee _. h P a.... -..._ ....rr. � . .,r..... ................. ..t North Carolina State University; _ d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment, Health, and Natural Resources; f. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER—ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED — TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE; Include Legumes] Seed Types: ISeeding Dates: Seeding Rates: MULCH—TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OR ANCHORING! OTHER VEGETATIVE COVERS — TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc.): Revegetation will be per the Erosion and Sediment Control Planning and Design Manual or the existing permit requirements. See Mine Map Sheet 3. Revegetation and/or reforestation plan approved by: Signature Date Print Name T. Patrick Shillington, P.E. Title President Agency Engineering & Environmental Science Cc -13- Vegetation Plan 1_ 4nrepid trimnd nvPr d'vtllrhPrl nrPnc nnrl lrnvP cnrfnre rPacnnahly cmnnth nnri „nifnrm 2. Scarify surface to prepare a seedbed four to six inches deep. Use such equipment as tilling, discing, tracing, or the teeth on a front end loader. 3. Mix lime and fertilizer with the soil during seedbed preparation. 4. Seed on freshly prepared seedbed following the application rates for the appropriate season. 5. Mulch all seeded areas immediately 6. Tack mulch on slopes 3:1 (Horizontal : Vertical) or steeper by spraying with emulsified asphalt. Use an anchoring tool such as a farming disc set in a vertical position on slopes less than 3:1. Mulch netting may also be used on slopes. 7. Inspect seeded areas and make repairs within the planting season. If vegetation is over 60% damaged, repeat steps 2 through 5. S. Permanent revegetation shall be accomplished at the specified times of the year. Temporary vegetation shall tj applied outside oUI ILL VL LIAG otl11Allal LII1LGs IV eJLQV11JlLlL1e11L V1 tJeAlllalleAlL JcgcLaLAoii 9. Seeding Schedule, Permanent Seeding Specifications DATES SPECIES RATE LBS/ACRE February 15 - April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop I Winter rye (grain) 15 April 1 —July 31 Common Bermuda 50 August I —October 25 Lespedeza (unscarified) 30 German millet 40 October 25 — February 15 Rye (grain-temporary) 120 -14- Soil Amendments Lime— 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer— 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch—All seeded areas shall be mulched using smal I grain straw at a rate of 2000 Ibs/acre and anchored appropriately In addition, a combination of switch grass, shrub lespedeza, wax myrtle and autumn olive shall be utilized to enhance wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. Note 1: Fertilizer and lime application rates may deviate from above if soils are analyzed for optimum rates. Note 2! Mulch shall be tacked with emulsified asphalt at rate of 14 to 28 gallons/1,000 sq. ft. on slopes of 3:1 (H:V) or steeper. Reveeetation plan approved bv: i Signature: Date: g11-2AO q Note: permanent and Temporary rev ation plan based on guidelines in Erosion and Sediment Control - u.,, mmaing mine pcIIMt reyuircments. -15- ® • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing 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 approver/ by the Deparanem to be affected during the life oflhe mining permit. Please insert the approximate acreage for each aspect ofthe mining operation that you intend to affect during the lien this minin ermit in addilian lease insert theappropriate reclamation cost/acre or each cute n rout the Schedule o Reclamatian Cosfs rovided with this n licution form). AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds 3.4 Ac. X $ 2,500,00 /Ac. _ $ 8,500.00 Stockpiles 2.0 Ac. X $ 1500.00 /Ac. _ $ 3,000.00 Wastepiles 4.0 Ac. X $ 3,000.00 /Ac. _ $ 12,000.00 o.oce00;.,,. s.e........ .l ad inn nc ;{ $ 1,500.00 /Ac. _ $ 15,600.00 ..6 , .a,/"....I ..,......, Mine Excavation 60.98 Ac. X $ 1,500.00 /Ac. _ $ 91,470.00 Other Ac. X $ /Ac. _ $ TOTAL ACREAGE: 80.78 Ac. Additional Reclamation Cott Factors: a. Internal Drainage 59.88 Ac. b. Positive Drainage 20.9 Ac. X $ 1500.0 /Ac. _ $ 31,350.00 SUBTOTAL COST: $ 161,920.00 Inflation Factor: 0.02 X SUBTOTAL COST: $ 161,920.00 X Permit life (Ito 10 years): 10 years INFLATION COST: $ 32,834.00 TOTAL COST — SUBTOTAL COST + INFLATION COST $ 194,304.110 TOTAL RECLAMATION BOND COST: _ $ 194,300,00 (round down to the nearest $100.00) NOTE: Cost per acre for reclamation is based on the rates used for the last bond cost evaluation for the Ito and the former Powells Creek mines. -16- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail 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 maps; (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 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 1,000ft 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 is 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 except.ol.ko the above laethod of giving notices is if another means of 11V tll e Is applovcd in advance by the Director, Division of Land Resources. A copy of a tax reap (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 land 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. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMIT. -17- 0 s APPLICATION FOR A MINING PERMIT 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. 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: APPLICANT: Signature 0-,,, 6"-,1" _ Signature * 21- Print Name: Nash Brick Company Print Name: Don Bowden Address P.O. Box 962 Title: Secretary Rocky Mount, NC 27802-962_ Company: Nash Brick Company Telephone (252) 451-7813 Mine Name: lta Mine *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) copies of all mine maps and reclamation maps, and the appropriate rocessin fee(see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section 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) 733-4574 -18- ENGINEERING & ENVIRONMENTAL SCIENCE COMPANY 3008 ANDERSON DRIVE.SUITE 102 RALEIGH, NC 27609 (919}781-7798 April 12, 2004 APR 1 2 2004 Mr. Don Bowden Nash Brick Company P.O. Box 962 Rocky Mount, NC 27802 RE: Mine Permit Renewal Ita Mille Permit No. 42-01 Halifax County, NC General Project Information The Itu Mine (Mine permit No. 42-01) is located near the intersection of SR-1338 and SR-1339 and covers approximately 490 acres of land. (Figure 1) Of this acreage, approximately S0.79 acres can be disturbed within the next 10 years. Sediment Basin Nos. I and 2 consist of riser barrel type systems although at Basin No. 2, a brick check darn is provided at the front of the basin, Sediment Basin Nos. 3 and 4 where originally designed as rock check dams that were designed to pass the 10-yeat rain event. Basin No. 4 has been installed with mining conducted upslope. The basins have been re-evaluated I'6r sediment storage, basin surface area requirements, and the ability to pass the 25-year rain event. For Basin No. 4, the storage available behind the stone Section is SLIMCMIL to StOl-C the I 0-year rain event. Also, the required 25-year outlet peak flow rate can be handled by the existing structure. Basin No. 3 was redesigned using brickbat as the COIlStrUCti011 material for the Outlet. This basin was also designed to store the 10-year rain even and pass the 25-year rain event. Mining will extend below the groundwater at the mines. Excavation will initially extend to the water table, and once this is reached, excavation will continue to about. 22 ft below the water table. The excavation will be conducted in a series of pits with excavation conducted in each pit as long as possible before significant water accumulation occurs. in idd't'nn in producing brit-le thi- fiod'hr jlen knc Q tre-ntmont f-iniiitxi frir t1w, tro fn ramIlf of petroleum contaminated soils. The materials are contained within a 4 ± acre bermed area. A well compacted clay liner underlies the area. 0 Upon completion of mining, the perforated riser pipes at Basin Nos. I and 2 will be replaced with a solid corrugated pipe to form lakes. The new outlet system can pass the 100-year rain event. Check dams, berms and stockpiles will be leveled and graded for positive drainage. The buildings will remain in place for future commercial sale. Erosion Control Evaluation The SCS TR-55 Method was used to calculate the 10-year and 25-year peak flow rates and required 25-year peak outflow rate for various storage volumes. For calculation purposes, the "C" hydrologic soil type was used for these calculations, with the predominant soils consisting of Herndon (B), Tatum (C), and State (B). (Figure 2) The evaluation was conducted for only Basin No. 3 and 4 which were not evaluated to pass the 25-year rain event. Basin No. 3 was redesigned based on the new calculations. Basin No. 4 which has been constructed has sufficient size and capacity. Closure We appreciate serving Nash Brick Company on the Ita Mine Renewal. Please contact us if you have any questions. Sincerely, �- 1 / - CAAR9 . Patrick Shillin t �� NASS! L=� .o�. 0' •. PresidentZ.��F Attachment A: Figures 15472 O Attachment B: Calculations :O 9j�.FNGINE;��'�► /(p 1 ®`y r .\ l —A Pro eny LJ( &`rmn Limits t - R�,Ll jr (N C ` o . �� c �l it s I id DE N III ENGINEERING B ENVIRONMENTAL J1 I d SCIENCECOMPAI 3 3008 ANDERSON DR.SUITE ID2li RAH NOR CAROU" 2760 9 Ward C !, Irr \ J (91911 7 as Ikk Vicinty Map ns/w SCALE: I"=2000 � d� —'l '�, uSGS Essex '��. �1 �L, �' Ita Mine Quadrangle Map �'�, °���� ,j ?( Halifax County, NCl i k L' 4:..' �.,�. .r` S° c'�I.c "i�' rr'• F-'-,� .RYA = b./, �l'r'.'9 ,'':\: .] , r, fag~�`� � _�• y��"� ^. .,� `���'. t.'�f �'"�f� �ttr.,, kl.�f,rr k�rti�'�at '_�. $`. •.,y-_<e, �� t.r%� �- -t,� !�§:� , ��=3 �} � s� '•gin'• ASK' Jr _ �� -f YF? � �'•�. --�tY }S F1 :., 4f {. _�. -Fe 4 - - _:u - _ � .tit., r• -. . R., 71 5 _ r _ 'i:3 � i;� •"'�r�_SY L't S��F t 1`t$c'� 4Z If b.5,'-f S{ ti:yh »rH S✓.�/Q a +� •'S ( S51,7 6 — L( 3C �SSloa fi v 3.0 o/ �Rs x ���� — .1 �/O �/ � •f ��rJ•.P �4n✓1 (/$C' _--__ 6z ' hr = CGh3e� C � �.} ,bsr.JC �iyl�Jwr+P use 7% ' _ V 1' /Iv✓° . J ° `'�iqP O�fU YP p ,'/rll / J s�o✓P �U�r �Y � �/r.%/ Pb�if YHYotL /Jlu� ( 3,a3L"�2 ��_u3.6r. ----------- ( Z 7s7 tt3 i j e�P C 3'r/r r lisp— - - rr Shlo•} ' a� � 4 IF17 .:�C�Y�Yl Lrr7/ - /s 14'vato � 440 II RUNOFF CURVE NUMBER COMPUTATION Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 3 Subarea : 3 ------------------------------------------_----__-------------------------------- Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) -------------------------_--------------------___--------------------------------- DEVELOPING URBAN AREA (No Vegetation) Newly graded area (pervious only) - - 3. 11 (91) - OTHER AGRICULTURAL LANDS Pasture, grassland or range good - - 35. 6 (74) - Total Area (by Hydrologic Soil Group) 38.7 ------------------------------------------------------------------------------- SUBAREA: 3 TOTAL DRAINAGE AREA: 38 . 7i Acres WETGHTED CURVE NUMBER: 75 ------------------------------------------------------------------------------- TIME OF CONCENTRATION AND TR-'VEL TIME Version 2. 10 Project : Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County : Halifax State: NC Checked: Date : Subtitle: Basin No. 3 - --__- _-- _-----------_- Subarea 01 - 3 ------------------------------- Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) ----------------- ---_-------___-_..__---------_.._----------------------------------- Sheet 3. 6 300 0.027 e 0. 329 Shallow Concent'd 1782 0.026 u 0. 190 Time of Concentration = 0. 52* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow (No Res. ) G Grass, Burmuda --- Surface Codes --- C Cultivated < 20 % Res. H Woods, Light P Paved D Cultivated > 20 % Res. I Woods, Dense U Unpaved E Grass-Range, Short J Range, Natural * - Generated for use by TABULAR method TABULAR HXDROGRAPH METHOD Version 2 . 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax. State: NC Checked: Date: Subtitle: Basin No. 3 Total watershed area: 0.060 sq mi Rainfall type: II Frequency: 10 years -------------------------- Subareas --------------------------- 3 Area (sq mi) 0.06* Rainfall (in) 5.7 Curve number Runoff (in) 3.03 Y, Tc (hrs) 0.52' (Used) 0.50 TimeToOutlet 0.00 la/P 0. 12 Time Total ------------•- Subarea Contribution to Total Flow (cfs) ------------ (hr) Flow 3 11.0 3 3 11 . 3 4 4 11 . 6 5 5 11. 9 10 10 12.0 16 16 12. 1 29 29 12.2 54 S 12. 3 83 83 12.4 95P 95P 12.5 92 92 12.6 73 73 12.7 54 54 12.6 42 42 13.0 26 26 13.2 18 18 13.4 14 14 13.6 12 12 13.8 10 1b 14 .0 9 9 14 .3 8 8 14 . 6 7 7 15.0 6 6 15.5 5 5 16.0 5 5 16:5 4 4 17 .0 4 4 17 .5 4 4 18.0 4 4 19.0 3 3 20.0 3 3 22.0 2 2 26.0 0 0 P - Peak Flow * value (s) provided from TR--55 system routines r TABULAR HYDROGRAPH METHOD version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 3 Total watershed area: 0.060 sq mi Rainfall type: II Frequency: 25 years ---- Subareas --------------------------- 3 Area (sq mi) 0.06` Rainfall (in) 6. 5 Curve number 75i Runoff(in) 3.71 Tc (hrs) 0. 52' (Lased) 0. 50 TimeToOutlet 0.00 Ia/P 0. 10 Time Total ------------- Subarea Contribution to Total Flow (cfs) ------------- (hr) Flow 3 11 .0 4 4 11. 3 5 5 11 . 6 7 7 11 . 9 13 13 12.0 21 21 12 . 1 38 38 12.2 69 69 12. 3 104 104 12.4 119P 119P 12.5 114 114 12. 6 90 90 12.7 67 67 12.8 51 51 13.0 31 31 13.2 22 22 13.4 17 17 13. 6 14 14 13.8 12 12 14 .0 11 11 14 .3 9 9 14 . 6 8 8 15.0 7 7 15.5 7 7 16.0 6 6 16.5 5 5 17.0 5 5 17 . 5 4 4 18.0 4 4 19.0 4 4 20.0 3 3 22.0 3 3 26.0 0 0 P - Peak Flow + - value(s) provided from TR-55 system routines a STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25--2004 County Halifax State: NC Checked: Date: Subtitle; Basin No. 3 Drainage Area: 6.048437E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak Inflow: 119.00 cfs Detention Basin Storage Volume: 2. 11 Peak Outflow: 95 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 3 Drainage Area: 6.048437E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: 11 Runoff: 3.7 inches Peak Inflow: 119.00 cfs Detention Basin Storage Volume: 3. 00 Peak Outflow: 68 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 3 Drainage Area: 6.048437E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak Inflow: 119.00 cfs Detention Basin Storage Volume: 4 . 00 Peak Outflow: 45 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 3 Drainage Area: 6.048437E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak Inflow: 119.00 cfs Detention Basin Storage Volume: 5. 00 Peak Outflow: 29 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project T1 h Brick, !T*� M; 1 fin r• 70A n,,-e. 03_25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 3 Drainage Area: 6.048437E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak Inflow: 119.00 cfs Detention Basin Storage Volume: 6.00 Peak Outflow: 18 cfs ® • STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project : Nash Brick )Ita`Mine) User: Jodi Date: 03-25-2004 County : Halifax State: NC Checked: Date: suctitle: Basin No. 3 Drainage Area: 6.048437E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.1 inches \ Peak Inflow: 119.00 cfs Detention Basin Storage Volume: 6.69 )eak Outflow: 12 cfs • • RUNOFF CURVE NUMBER COMPUTATION Version 2 . 10 Project : Nash Brick (Its Mine) - User: Jodi Date: 03-25-2004 County : Halifax State: NC Checked: Date: Subtitle: Basin No. 4 Subarea : 4 _______________________________________________________________________________ Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) _________________________ _______________________________-____-______ DEVELOPING URBAN AREA (No Vegetation) Newly graded area (pervious only) - - 3.22 (91) - OTHER AGRICULTURAL LANDS Pasture, grassland or range good - - 40 . 4 (74) - Total Area (by Hydrologic Soil Group) 43. 6 ----------------------------__---------_---------------------------____________ SUBAREA.: 4 TOTAL DRAINAGE AREA: 43. 62 Acres SiEIGBTED CURVE NUMBER; 75 ----------------------------------------------_----------------________________ TIME OF CONCENTRATION AND TRAVEL TIME Version 2 . 10 Project : Nash Brick (Its Mine) user: Jodi Date: 03-25-2004 County : Halifax State: NC Checked: Date: Subtitle: Basin No. 4 ____------__---_----_____------- Subarea q1 _ 4 __------_____-----_____________ Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain Ift) (ft/ftj code (sc/ft) (ftl (ft/sec) (hr) --------_---_------__----------__--------_____---------- Sheet 3. 6 300 0.039 a 0.284 Shallow Concent'd 1868 0 .026 u 0.202 Time of Concentration = 0.49' --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow (No Res. ) G Grass, Burmuda --- Surface Codes --- C Cultivated < 20 5 Res. H Woods, Light P Paved D Cultivated > 20 % Res. I Woods, Dense U Unpaved E Grass-Range, Short J Range, Natural ' - Generated for use by TABULAR method ' TABULAR HYDROGRAPH METHOD Version 2. 10 Project : Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County : Halifax State: NC Checked: Date: Subtitle: Basin No, 4 Total watershed area : 0.068 sq mi Rainfall .type: II Frequency: 10 years -------------------------- Subareas ---------'_--------------- 4 Area (so mi) 0.07` Rainfall (in) 5.7 Curve number 75` y ) ,�. /_ lI' ��L vx - F� Runoff(in) 3.03 q ! N F 1 Tc )hrs) 0, 49`�` (Used) 0. 50 TimeToOutlet 0.00 Ia/P 0. 12 Time Total ------------- Subarea Contribution to Total Flow (cfs) ------------ )hr) -low 4 L1 . 0 3 3 11 . 3 4 4 11 . 6 6 6 11 .9 11 11 12.0 18 1s 12. 1 33 33 12.2 61 61 12. 3 94 94 12. 4 loop 108P 12. 5 103 103 83 83 12. 7 61 61 12. 8 47 47 13. 0 29 29 13. 2 20 20 13.4 16 16 13 . 6 13 13 13.8 11 it 14 .0 30 10 14 .3 9 9 14 . 6 8 8 15.0 7 7 15.5 6 6 16.0 6 6 16. 5 5 5 17 ,0 5 5 17 . 5 4 4 18 .0 4 4 19.0 4 4 20.0 3 3 22.0 3 3 26.0 0 0 P - Peak Flow + - value(s) provided from TR-55 system routines ® • TABULAR HYDROGRAPH METHOD Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 4 Total watershed area: 0.068 sq mi Rainfall type: II Frequency: 25 years -------------------------- Subareas ------------------------- 4 Area (sq mi) 0.07� Rainfall (in) 6.5 Curve number 751 Runoff(in) 3.71 . Tc (hrs) n- 44+ (Used) 0.50 TimeToOutlet 0.00 Ia/P 0. 10 Time Total -------------- Subarea Contribution to Total Flow (cfs) --------------- (hr) Flow 4 11 .0 4 4 11 . 3 6 6 11 . 6 8 8 11. 9 14 14 12.0 24 24 12. 2 77 77 12. 3 118 118 12.4 134P 134P 12.5 128 128 1 2 V 1 V 2 i V 4 12.7 75 75 12.8 57 57 13.0 35 35 13 .2 24 24 13.4 19 19 13. 6 15 15 13.8 13 13 14 .0 12 12 14 . 3 10 10 14 .6 9 9 15.0 8 B 15.5 7 7 16.0 7 7 ,16.5 -6 6 17 .0 5 5 17 . 5 5 5 18 .0 5 5 19.0 4 4 20.0 4 4 22. 0 3 3 26.0 0 0 P Peak Flow + - value(s) provided from TR-55 system routines e • STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project : Nash Brick (Its Mine) User: Jodi Date: 03-25-2004 County : Halifax State: NO Checked: Date: Subtitle: Basin No. 4 Drainage Area: 6.815625E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak Inflow: 134 .00 cfs Detention Basin Storage Volume: 2 .38 Peak Outflow: 101 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2 . 10 Project : Nash Brick (Its Mine( User: Jodi Date: 03-25-2004 County : Halifax State: NO Checked: Date: Subtitle: Basin No, 4 Drainage Area: 6. 815625E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: i- Runoff: 3.7 inches Peak Inflow: 134 . 00 cfs Detention Basin Storage Volume: 3. 00 Peak Outflow; 88 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2 . 10 Project : Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County ; Halifax State: NC Checked: Date: Subtitle: Basin Be. 4 Drainage Area : 6.815625E-02 Sq miles 'Rainfall Frequency: 25 years Rainfall-Type: I* Runoff: 3.7 inches Peak Inflow: 134 . 00 cfs Detention Basin Storage Volume: 4 . 00 Peak Outflow. 61 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2 . 10 Project : Nash Brick (Ita Mine) User : Jodi Date: 03-25-2004 County : Halifax State: NO Checked: Date: Subtitle: Basin No. 4 Drainage Area: 6.815625E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: Il Runoff : 3. 1 inches Peak Inflow: 134 .00 cfs Detention Basin Storage Volume: 5. 00 Peak Outflow: 42 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2 . 10 Project Nash Brick (.... .._oe) User. Jodi nare: 03-25-2004 County : Halifax State: NC Checked: Date: Subtitle : Basin No. 4 ' Drainage Area: 6.815625E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak Inflow: 134.00 cfs Detention Basin Storage Volume: 6.00. Peak Outflow: 28 cfs Y 0 STORAGE VOLUME FOR DETENTION BASINS Version 2 . 10 Project Nash Brick (ita Mine) User: Jodi Date: 03-25-2004 County Halifax, State: NC Checked: Dare: Subtitle: Basin No. 4 Drainage Area: 6.815625E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3. 7 inches Peak Inflow: 134 . 00 cfs Detention Basin Storage Volume: 7 . 00 Peak Outflow: 18 cfs STORAGE VOLUME FOR DETENTION BASINS Version 2. 10 Project Nash Brick (Ita Mine) User: Jodi Date: 03-25-2004 County Halifax State: NC Checked: Date: Subtitle: Basin No. 4 Drainage Area: 6. 815625E-02 Sq miles Rainfall Frequency: 25 years Rainfall-Type: II Runoff: 3.7 inches Peak- Inflow: 134 .00 cfs Detention Basin Storage Volume: 7 . 48 Peak Outflow: 13 cfs Legend General Property Information kLld Wr 1 lici _ 1 1 / J..., Vklniy MPP4d ....,... i� hlL hl PP '`' HvN PIt I •. \ � v_.._._..u... �J amw•. ...._..w.............. e � % ki'l _.. _._ . _.,.... - 2k - - i �, _ .._......_ �..__...� ..:.:" .. hhhh,.w .._.... .._ �..__. 31 . . � a h m - Z � < _ w 4 $ -z n n itOka LZ