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HomeMy WebLinkAbout20240607_Modification_01-08-signed a" ROY COOPER Governor ELIZABETH S.BISER Secretary •�°`"'""`�• WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality June 7,2024 Brian North Martin Marietta Materials, Inc. 2235 Gateway Access Pt Raleigh,NC 27607 RE: East Alamance Quarry Mining Permit No.01-08 Alamance County Cape Fear River Basin Dear Mr.North: Your recent request to have the above referenced mining permit modified has been approved. This modification includes the details and area to be leased to Alamance Community College for the purposes of building a public safety training center. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The mine name and permit number shall remain the same as before the modification. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: 111.3.C,111.4.1-1, 111.6.A, I11.6.B, 111.7.C, 111.1 LB, I11.12, VILLB. 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 600.2 acres and the amount of land you are approved to disturb is 274.7 acres. Please contact me at(919)707-9207 if you have any questions. Sincerely, Adam Parr, PE State Mining Engineer AP/cc Enclosures: Modified Permit#01-08 cc: Ms.Tamera Eplin D E 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 RziNgh North Carolina 27699-1612 � f� 919.707.9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 05B,and other applicable laws,rules,and regulations Permission is hereby granted to: Martin Marietta Aggregates East Alamance Quarry Alamance County-Permit No. 01-08 for the operation of a Crushed Stone Quarry Which shall provide that the usefulness,productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond or other security on file with the Department,and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise,the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator,provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. §74-49. Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have the same meaning as supplied by the Mining Act,N.C.G.S. §74-49. II. Modifications. N.C.G.S. §74-52. August 8, 1988: This permit has been modified to include the construction of access/haul roads to the monitoring wells and the Magazine and the construction of Berm B as indicated on Sheets 1 and 3 dated June 30, 1988,and Sheets 2 and 4 dated July 29, 1988 of the revised map. September 30, 1988: This permit has been modified to include the construction of a second entrance to Highway 49 and a new berm (Berm F)as indicated on the revised Erosion Control Plan dated September 12, 1988. March 6, 1990: This permit has been modified to include the development of the Related Use Area, the extension of Berm D along the southern property line,and the designation of the new haul road immediately west of the quarry area denoted in the modification request and revised Erosion Control Plan dated January 24 and January 15, 1990,respectively. June 21, 1991:This permit has been modified to include site grading and erosion control measures relating to the Berm F extension and the Stripping Extension 1991 as specified by the revised Erosion Control Plan dated April 16, 1991. November 25, 1992:This permit has been modified to allow the installation of an additional creek crossing near the existing quarry area and the associated sediment and erosion control measures as indicated on the Erosion Control Plan dated September 30, 1992, the Storm Drainage Improvements Plan dated June 4, 1992,and the Erosion Control Details dated June 4, 1992. Page 3 April 13. 1993: This permit has been modified to allow the substitution of three 96-inch aluminized steel type 2 pipes in lieu of the previously approved two 120-inch concrete lined corrugated metal pipes in Boyd's Creek as indicated on the Alternate Design Plan revised February 12, 1993. November 22. 1996: This permit has been modified to allow the expansion of Berm F and associated sedimentation and erosion control measures as indicated on the Mine Map dated July 27, 1996. January 27. 1998:This permit has been modified to increase the affected area by 15.3 acres of overburden removal area and associated erosion and sedimentation control measures,as indicated on the mine map last revised September 2, 1997. February 27, 1998: This permit has been modified to allow the pit expansion, the creek relocation, and additional overburden storage, along with each activity's associated erosion and sedimentation control measures, as indicated on the mine map last revised December 8, 1997. The creek relocation and its associated erosion and sedimentation has been approved with certain stipulations. June 4. 1998:This permit has been modified to allow on site generated waste material to be placed in Berm F as indicated on the Mine Map received on April 16, 1998. May 1,2002:This permit has been modified to add 6.8 acres to the affected acreage at this site to allow the construction of an asphalt plant,a slight revision to the approved pit limits,the relocation of a monitoring well, and the installation and maintenance of the associated sediment and erosion control measures as indicated on the 2002 Permit Modification Mine Map last revised April 24, 2002 and the Erosion and Sediment Control Plan for Hot Mix Asphalt Plant dated March 7,2002.This modification also includes an adjustment to the affected acreage at this site in light of more accurate mapping techniques. July 8,2002:This permit, issued to Luck Stone Corporation,has been transferred in its entirety to Martin Marietta Aggregates. December 22, 2004: This permit has been modified to incorporate the Haw River Quarry (Mining Permit No. 01-09) into the East Alamance Quarry permit, and to add an additional 85.5 acres to the permit boundary, as indicated on the Mine Map last revised November 12,2004. The modification is to increase the permitted acreage to 610.61 acres and the affected acreage at this site to 380.67 acres.The modification includes the addition of 310.61 permitted acres and the addition of 188.37 affected acres. August 22,2008:This permit has been modified to increase the affected acreage at this site to 411 .40 acres as indicated on the Mine Map last revised July 2, 2008. This modification includes the addition of overburden disposal area and processing area/hauls roads and the installation and maintenance of all associated erosion and sedimentation control measures.In addition,the modification includes the necessary approval from the Division of Water Quality relating to the stream relocation and stream channel impacts. July 15, 2013: This permit has been modified to change the corporate name from Martin Marietta Aggregates to Martin Marietta Materials Inc. May 2, 2017: This permit has been modified to decrease the permitted acreage to 600.2 acres and the affected acreage at this site to 372.7 acres as indicated on the Mine Plan received on March 29,2017.The modification includes overall updating of the site conditions on the mine map,construction of a new tenant area (asphalt plant), removal of a portion of berm construction along the southwestern permitted area, redesign of Culverts A and B and allows the use of rip rap baffles with stipulations.The modification also includes the installation and maintenance of all associated erosion and sediment control measures. December 1,2017: This permit has been issued for the life of site or the duration of the lease term. December 15, 2017: This permit has been modified to increase the affected acreage at this site to 374.7 acres as indicated on the Mine Plan last revised October 19,2017.The modification includes expansion of the previously approved berm along the property south of the plant and adjacent to Carter Lane. The Page 4 modification also includes expansion of Erosion Control Basin#1 to accommodate the additional drainage area. June 7,2024:This permit has been modified to update the Mine Map to include the location and area of the land to be leased to Alamance Community College for the purposes of building a Public Safety Training Center. The permitted area is 600.2 acres and the area approved to disturb is 374.7 acres. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. III. Operating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: 1. Wastewater and Quarry Dewatering_ A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C.Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. Air Quality and Dust Control. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to mitigate dust leaving the permitted area. C. All permanent access roads (plant entrances) pavement shall be maintained from the junctions with Sandy Cross Road (SR 1752) and NC Highway 49 for the distances indicated in the last revised Mine Maps. 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 last revised April 3, 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. Page 5 4. Erosion and Sediment Control. A. The operator shall notify the Winston-Salem Regional Office,Division of Energy,Mineral and Land Resources,at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. C. Energy dissipators shall be provided at all pipe outlets.All energy dissipators installed after December 22, 2004, shall be constructed, at a minimum, of Class B stone at a 22-inch thickness, 12 feet long, and as per the detail submitted in the modification application received on August 6,2004. D. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Maps last revised November 12,2004. E. All mining activities, including those associated with the additional overburden disposal area, processing area/haul road and stream relocation of the unnamed tributary to Boyd's Creek, shall be conducted as indicated on the Mine Map last revised July 2,2008 and the supplemental information received on March 20,2008 and July 7,2008,with the exception that temporary sediment control measures be utilized just below the downstream end of proposed culverts No. 105 and No. 106 during the installation of the culverts;that silt bags or a stilling basin be utilized for any discharge of water that may have to be pumped from the actual construction area of the Boyd's Creek Road Crossing; and if necessary, an impervious dike be utilized on the upstream side of the Boyd's Creek culvert installation area to impound water for the pumping operation. F. Mining activities associated with the overall updating of the site conditions on the mine map, construction of a new tenant area (asphalt plant), removal of a portion of berm construction along the southwestern permitted area, redesign of Culverts A and B and allows the use of rip rap baffles with the stipulation that the baffles shall be replaced every six months and basins shall be enlarged to compensate for the rip rap baffle volume including the installation and maintenance of all associated erosion and sediment control measures, shall occur as indicate on the Mine Plan received on March 29, 2017 and supplemental information received October 14,2016,December 7,2016,January 24,2017 and March 29,2017. G. Mining activities associated with the expansion of the previously approved berm along the property south of the plant and adjacent to Carter Lane, including the installation and maintenance of the revised erosion and sediment control measures, shall be conducted as indicated on the Mine Plan last revised October 19,2017 and the supplemental information received October 27,2017. H. All mining activities associated with the land leased to Alamance Community College for the purpose of building a Public Safety Training Center shall occur as indicated on the Application received on April 18,2024,on the Mine Maps last revised on April 3, 2024, and the supplemental information received June 4,2024. Page 6 I. An erosion and sediment control plan(s)shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include,but are not limited to,expansion outside of the approved pit area,creek crossings,or expansion of overburden or waste disposal areas. 5. Groundwater Protection. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. A. The observation wells denoted on the Mine Map last revised July 2, 2008, shall be monitored at least 30 days prior to initiating any excavations of consolidated material (rock) in the initial pit area to allow for the determination of pre-existing (static) groundwater levels. B. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells(boreholes)shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock,whichever is deeper. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C.Division of Water Quality. C. The observation wells shall be monitored quarterly at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The quarterly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be maintained at the site and shall be provided to the Department upon request. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. 6. Permanently Marked Boundaries. A. All mining permit boundaries(600.2 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 last revised April 3, 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 quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore,a minimum ten(10)foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. C. Waste rock piles shall not be constructed with steep,near vertical side slopes. Side slopes shall be constructed in such a manner as to provide for a stable, safe configuration at reclamation. Page 7 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. 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.III.9.0 and III.9.E of this permit).The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: B. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure 9-1(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public,commercial,or institutional building. Figure 9-1-Allowable Peak Particle Velocity by Frequency t� x a z0 2 inlsee 2.0 �.� 1.0 0.9 t 0.5 0.4 r �. ► �. r � r r 4.2 � � e t t r t 81a�st Vib rafan Frequency, 14Z Figure 1 Altematire blasting level critena (Source mediated AMM figure B-I. Bureau of Mures R 18507 Page 8 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)' (EQ. 8.1) Ds=D/W 12 (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 Velocity(inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second,for the purposes of this Section. D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL)as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school,or public,commercial, or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System(Hz) Max Level(dBL) 0.1 Hz or lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak E. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U= 82 (D/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). Page 9 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). The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section. F. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. X. weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. G. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However,blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. 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. Page 10 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. 10. Highwall Barrier A physical barrier consisting of large boulders placed end-to-end or 48-inch fencing with two strands of barbed wire (total 60 inches overall height) shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10-foot- wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 11. Visual Screening. A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods,such as constructing earthen berms,shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last revised April 3, 2024. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. C. The Previously Approved Overburden Disposal Area and Future Berm areas shall be constructed and stabilized as indicated on the Mine Map last revised November 12,2004. 12. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer, as indicated on the Mine Maps last revised April 3, 2024, shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 13. Refuse Disposal. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy,Mineral and Land Resources,Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.G.S. §74-49 (14)of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area- C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. Page 11 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. E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: i. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean,inert material. ii. Used,clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. iii. No used,clean concrete material shall be permanently disposed of onsite. iv. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. VI. Bonding. N.C.G.S. §74-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. Page 12 VII. Archaeological Resources. N.C.G.S. §70. 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, 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. V L Approved Reclamation Plan. N.C.G.S. ,74-53. The Mining Permit incorporates this Reclamation Plan,.the performance of which is a condition on the continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of the permittee,which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices, and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious,or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule,the planned reclamation shall be to allow the quarry excavation to fill with water,provide a permanent barricade(fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 13 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 permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. III.13.A through III.13.D. vi. The affected land shall be graded to prevent the collection of noxious or foul water. vii. Any waste rock piles remaining within the permit boundaries shall be permanently stabilized as indicated on the Mine Maps last revised April 3,2024. At all times, waste rock piles shall be maintained in a manner so as to provide for a stable,safe configuration. 3. Revegetation Plan. Disturbed areas shall be permanently revegetated according to the Revegetation Plan on the Details Sheet last revised July 2, 2008 and approved by Mr. Nuwan Wijesuriya of Martin Marietta Materials on March 19,2008. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass,bluestem,and gamma grass. In addition,the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 14 IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52 This pen-nit, issued to Luck Stone Corporation March 4, 1988, modified August 8, 1988, September 30, 1988,March 6, 1990,June 21, 1991,November 25, 1992,April 13, 1993,November 22, 1996,and January 27, 1998,modified and renewed February 27, 1998,modified June 4, 1998 and May 1,2002,transferred in its entirety to Martin Marietta Aggregates July 8,2002 modified December 22,2004 renewed and modified August 22,2008 and modified July 15,2013, May 2, 2017, December 1,2017, and December 15,2017 is hereby modified this 7th day of June 2024 pursuant to G.S. 74-52. By: 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 15OB-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/filing/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 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 hgps://vA,,Arw.oah.nc.aov/hearinizs-division/hearing-process/filina-contested-case. Please contact the Office of Administrative Hearings at(984)236-1850 or oah.12ostmaster0oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process.