Loading...
HomeMy WebLinkAbout20240415_Modification_23-10-signed a• ROY COOPER Governor ELIZABETH S.BISER Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality April 15,2024 John Kuhn Albemarle US, Inc. 348 Holiday Inn Drive Kings Mountain,NC 28086 RE: Kings Mountain Mine- East Mining Permit No.23-01 Cleveland County Broad River Basin Dear Mr. Kuhn: 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 190.62 acres as indicated on the map sealed on March 18, 2024, and additional information received on March 20,2024. The modification includes utility demo/installation,drill pads with access roads, security fence, screening berms, and support facilities. As your company already has a blanket bond sufficient to cover this application, I am enclosing the modified mining permit. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: I11.3.C, IIIA.E, 111.6, V.1.13, VIII.2.B, VII1.3,and VIII.3. 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 614.31 acres and the amount of land you are approved to disturb is 190.62 acres. Please contact me at(919) 707-9207 if you have any questions. Sincerely, Adam Parr, PE State Mining Engineer AP/cc Enclosures: Permit#23-01 cc: Jerry Eplin, PE Q� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh.North Carolina 27699-1612 we.vsa.a�um.� 919.7079200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other applicable laws, rules,and regulations Permission is hereby granted to: Albemarle US, Inc. Kings Mountain Mine-East Cleveland County- Permit No.23-01 for the operation of an Industrial Minerals Mine Which shall provide that the usefulness,productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond or other security on file with the Department,and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. §74-49. Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have the same meaning as supplied by the Mining Act,N.C.G.S. §74-49. II. Modifications. N.C.G.S. §74-52. April 1, 1999: This permit has been modified to change the company name on the mining permit from Cyprus Foote Mineral Company to Chemetall Foote Corporation. The modification also includes changes in the reclamation plan for this mine site in conformance with the updated mine map dated November 1998 and the corresponding Mine Remediation Plan dated November 20, 1998,with the stipulation that a detailed status report on the permanent disposal of radioactive waste onsite as provided by the January 8, 1997, letter from the Department shall be submitted by April 16, 1999. February 27,2001: This permit has been modified to approve the closure of the radioactive mining refuse disposal activity on the site,with specific stipulations. May 31,2002:This permit has been modified to reduce the affected acreage to 9.6 acres and the permitted acreage to 830.21 acres as indicated on the mien map dated January 16, 2002, and the "Chemetall Foote Corp Kings Mountain Operations Plant Boundaries" map dated March 2002. The modification includes changing the operation from an industrial minerals mine to a sand tailings mine, resulting in changes to several permit conditions. Lastly,a partial release of 141.79 acres at the site has been approved. December 18,2002:This permit has been modified to reduce the permitted and affected acreage to 626.01 acres and O acres, respectively,(as indicated on the Property Boundaries Map dated November 12,2002) by splitting this mining permit into two separate mining permits. The two mining permits will be referred to as Kings Mountain Mine - East (Mining Permit no. 23-01) and Kings Mountain Mine- West(Mining Page 3 Permit No. 23-34). The modification also includes changing the operation from a sand tailings mine back to an industrial minerals mine and changing the status of this site to inactive status. May 2,2005:A partial release of 5.0 acres,as indicated on the mine map dated January 25,2005,has been approved,bringing the company's permitted acreage to 621.21 acres. February 4,2013:In conjunction with the inactive renewal of this mine permit,the corporate name has also been changed from Chemetall Foote Corporation to Rockwood Lithium, Inc. July 26, 2017: This permit has been modified to increase the affected acreage at this site to 3.5 acres as indicated on the Site Plan- Drilling Locations Map received on July 26,2017. The modification includes exploratory drilling activities at the site,including the instal lation.and maintenance of all associated erosion and sediment control measures. All areas affected by exploratory drilling activities must be seeded and mulched within 15 days following completion of such activities. In addition,the corporate name has been changed from Rockwood Lithium, Inc.to Albemarle US, Inc. December 1,2017: This permit has been issued for the life of site or the duration of the lease term. April 20, 2018: This permit has been modified to increase the affected acreage at this site to 7.5 acres as indicated on the Phase 2 Exploration Drilling East Mine Land Disturbance Map dated February 2018.The modification includes Phase 2 exploratory drilling activities at the site, including the installation and maintenance of all associated erosion and sediment control measures. All areas affected by exploratory drilling activities must be seeded and mulched within 15 days following completion of such activities.This permit is valid for the life of the site or life of lease, if applicable,as defined by Session Law 2017-209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. June 16,2023: This permit has been modified to increase the affected acreage at this site to 18.5 acres as indicated in the application,on the 2022-2023 Activities Program Map Received May 24,2023,and in the supplemental information received March 24, 2023, and May 23, 2023. The modification includes 2022 and 2023 exploratory drilling activities at the site, including the installation and maintenance of all associated erosion and sediment control measures.All areas affected by exploratory drilling activities must be seeded and mulched as specified on sheet 3.0 of the 2022-2023 Activities Program Map Received May 24,2023,after completion of such activities. April 15, 2024: This permit has been modified to increase the affected acreage at this site to 190.62 acres as indicated on the Mine Maps sealed on March 18, 2024, and additional information received on March 20,2024. This modification includes utility demo/installation(natural gas,sewer,electric,)drill pads with access roads,security fence,screening berms,and support facilities.The permitted area at this site is 614.31 acres and the amount of land you are approved to disturb is 190.62 acres. III. Operating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: 1. Wastewater and Quarry Dewatering_ A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. Page 4 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. C. All storm water run-off from the approved exploratory drilling activities shown on the Site Plan - Drilling Locations received July 26, 2017, the Phase 2 Exploration Drilling East Mine Land Disturbance Map dated February 2018,and the 2022-2023 Activities Program Map Received May 24, 2023, shall be contained onsite. No storm water run-off shall be allowed to leave the site without first applying for and obtaining any necessary stormwater permits from the Stormwater Program. 2. Air Quality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones. A. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer 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. C. All buffer zones shown on the Mine Maps sealed on March 18,2024,shall be maintained to protect adjoining property. These buffer zones,with the exception of the installation of required sediment control measures and approved earthen berms,shall remain undisturbed. 4. Erosion and Sediment Control. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. B. Mining activities associated with exploratory drilling at the site, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Site Plan-Drilling Locations received on July 27,2017 and supplemental information received May 9, 2017 and June 13, 2017 with the following stipulation:All areas affected by exploratory drilling activities must be seeded and mulched within 15 days following completion of such activities. C. Mining activities associated with the Phase 2 exploratory drilling at the site, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Phase 2 Exploration Drilling East Mine Land Disturbance Map dated February 2018 and the supplemental information received February 26, 2018. All areas affected by exploratory drilling activities must be seeded and mulched within 15 days following completion of such activities. Page 5 D. Mining activities associated with the 2022-2023 exploratory drilling at the site, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the in the application, on the 2022-2023 Activities Program Map Received May 24, 2023, and in the supplemental information received March 24, 2023,and May 23,2023.All areas affected by exploratory drilling activities must be seeded and mulched as specified on sheet 3.0 of the 2022-2023 Activities Program Map Received May 24,2023,after completion of such activities. E. Mining activities associated with the 2024 Modification for Utility demo/installation (natural gas, sewer, electric,) drill pads with access roads, security fence, and support facilities shall occur as indicated on the maps sealed on March 18; 2024, and additional information received on March 20,2024. F. Prior to conducting any land disturbing activities at this site other than the approved exploratory drilling and utility demo/installation activities noted above in conditions II1.4.139 IIIA.C, 11I.4.13, IIIA.E, a mining permit modification outlining the proposed activities,an updated and detailed erosion and sediment control plan,and a Mine Operation plan shall be submitted to and approved by the Division of Energy, Mineral, and Land Resources. 5. Groundwater Protection. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Permanently Marked Boundaries. A. All mining permit boundaries (614.31 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps sealed on March 18, 2024, shall be marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 7. Graded Slopes and Fills. A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event,exposed slopes or any excavated channels,the erosion of which may cause off-site damage because of siltation, shall be planted, or otherwise provided with groundcover,devices,or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the pit opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 8. Surface Drainage. The affected land shall be graded so as to prevent collection of pools of water that are,or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Page 6 9. Blasting. A. The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast(except as provided under Operating Condition Nos.II1.9.0 and 11I.9.E of this permit).The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: B. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure 9-1(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public,commercial,or institutional building. Figure 4-1-.41lutirahle Peak Purlicle l"elucil.v be Frequency 10.0 1010 low 0 2 inisac 2.0 r C. 13.9 � 0.3 0.75 infsec ; o � 0A Q.4 0.3 0.3 r r 0.2 0.2 � r r 0.1 L. 1 4 10 20 30 100 Blast Vibration Frequency, Hz Figure f Allemative ,blasting level criteria (Source modified from figure B-1. Bureau of Mures R 1850 f C. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/Ds)2 (EQ.8.1) Page 7 DS=D/W 1n (EQ. 8.2) V= 160(DS)-1.6 (EQ. 8.3) W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator.(feet). DS = Scaled distance factor. V = Peak Particle V�ty(inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL)as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public,commercial,or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below-is-being-used: Lower Frequency Limit of Measuring System(Hz) Max Level(dBL) 0.1 r lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak E. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U= 82 (D/W0.33)-1.2 (EQ 8.4) To convert U(psi)to P(dBL): P=20 x log(U/2.9x 10-9) (EQ 8.5) Confined Air blast/Overpressure(dBL)for quarry situation: A=P- 35 (EQ8.6) U = Unconfined air overpressure(pounds per square inch). W — Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator(feet). P = Unconfined air overpressure(decibels). A = Air blast or air overpressure for typical quarry situations(decibels). Page 8 The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section. F. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay_i a. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance om blast-to-closest offsite regularly occupied structure. X. weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. G. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions-epprMved by the Department are taken. However,blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. I. Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: i. A thorough investigation as to the cause(s)of the incident shall be conducted. ii. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall,at a minimum,document the cause(s)of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. J. The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedance of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. K. The operator shall,when requested by the Department,give 24-hour advance notice to the Division of Energy,Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. Page 9 10. Highwall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 11. Visual Screening. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public.Additional screening methods,such as constructing earthen berms,shall be employed as deemed appropriate by the Department. 12. Refuse Disposal. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy,Mineral and Land Resources,Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.G.S.-§74-49(14)of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. drill steel. D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: i. the approximate boundaries and size of the refuse disposal area. ii. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table;and, V. verification that a permanent vegetative groundcover will be established. Page 10 IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §74-55. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. 1. Minimum Requirements. A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on- site implementation of the revisions. B. Prior to conducting any land disturbing activities at this site other than the approved exploratory drilling and utility demo/installation activities noted above in conditions III.43, I11.4.C, III.4.13, I11.4.E, a mining permit modification outlining the proposed activities,an updated and detailed erosion and sediment control plan,and a Mine Operation plan shall be submitted to and approved by the Division of Energy, Mineral, and Land Resources. VI. Bonding. N.C.G.S. §74-54. The security,which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 blanket surety bond,is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. VII. Archaeological Resources. N.C.G.S. §70-3. 1. Minimum Requirements. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N.C.G.S. §70-3,"The Unmarked Human Burial and Human Skeletal Remains Protection Act,"should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist,North Carolina Division of Archives and History. VIII. Approved Reclamation Plan. N.C.G.S. §74-53. The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. Page 11 B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices,and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious,or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the pen-nit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to allow the quarry excavation to fill with water,provide a permanent barricade(fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. B. Prior to conducting any land disturbing activities at this site other than the approved exploratory drilling and utility demo/installation activities noted above in conditions IIIA.B, II1.4.C, 111.4.D, IIIA.E, a detailed reclamation plan shall be submitted to and approved by the Division of Energy, Mineral,and Land Resources. C. Reclamation of the site shall occur as stated on the Mine Maps sealed on March 18,2024. D. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. ii. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. iii. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before revegetation. V. No contaminants shall be pennanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. I11.12.A through 111.12.D. vi. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan. After site preparation, all disturbed land areas shall-be revegetated as per the Revegetation Plan submitted with the Modification Application received on January 18,2024. Page 12 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. IX. Issuance and Modification Summary. N.C.G.S. 474-51 and V4-52. This permit, issued April 22, 1972, renewed April 22, 1982, and March 4 1992, modified April 1. 1999, and February 27, 2001, renewed and modified May 31, 2002, modified December 18, 2002, modified to change the corporate name to Rockwood, Lithium, Inc. and renewed as an inactive mine site February 4, 2017,and modified July 26,2017,December 1,2017,April 20,2018,and June 16,2023,is hereby modified this 15th day of April,2024 pursuant to N.C.G.S. §74-52. i Adam Parr, PE, State Mining Engineer Division of Energy,Mineral,and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC,27609, along with a fee in an amount provided in NCGS 150B-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filingthearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center orth Carolina 27699- If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 150B-23(a). Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at https://ivww.oah.nc.gov/hearings-division/hearing process/tiling-contested-case. Please contact the Office of Administrative Hearings at(984) 236-1850 or oah.postmaster(t-z oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process.