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HomeMy WebLinkAbout20240731_Modification_55-01-signed 6w R ROY COOPER Governor ELIZABETH S.BISER •®" Secretary �• W ILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality July 31,2024 Mr.Jason Conner BV Hedrick Gravel and Sand Company PO Box 425 Swannanoa,NC 28778 RE: Lake Norman Quarry Mining Permit No. 55-01 Lincoln County Catawba River Basin Dear Mr.Conner: 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 266.8 acres as indicated in the application, on the map last revised May 30,2024,and additional information received on April 9,2024,and June 30,2024. The modification includes the relocation of Forney creek and an expansion of the pit. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: 111.3.C, II1.4.G, 111.6, III.1 LB, 111.12, VIII.2.C. 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 486.77 acres and the amount of land you are approved to disturb is 266.8 acres. Please contact me at(919)707-9207 if you have any questions. Sincerely. Adam Parr, PE State Mining Engineer Enclosures: Mine Permit 55-01 cc: Mr.Jerry Eplin, PE 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 Raleigh North Carolina 27699-1612 .w.- 919.707.9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other applicable laws,rules,and regulations Permission is hereby granted to: B V Hedrick Gravel and Sand Company Lake Norman Quarry Lincoln County-Permit No. 55-01 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. May 1, 1995: This permit has been modified to: 1)add the additional adjoining land as indicated on the mine map received by the Mining Program on September 6, 1994,2)expand the permitted mining activity as indicated on the Mine Map dated March 14, 1995, and 3)allow the stockpiling of recyclable materials as indicated on the mine map received by the Mining Program on August 8, 1994. May 14, 2003: This permit has been modified to increase the permitted acreage to 414.87 acres and the affected acreage to 129.3 acres as indicated on the mine map last revised April 17,2003. The modification includes the addition of two tracts along the southern permit boundary as buffer land and an increase in the existing stockpile and stripping areas,including the associated erosion and sedimentation control measures. October 10,2003: This permit has been modified to increase the affected area at this site to 138.0 acres as indicated on the Modification Map received by the Mining Program Section on August 25, 2003. This modification includes the addition of a 1.7acre fill area adjacent to the asphalt plant,the addition of a 7.0 acre stockpile area located south of the existing stockpile areas and the construction and maintenance of the associated sediment and erosion control measures with these additions. February 18, 2005: This permit has been modified to increase the permitted acreage at this site to 443.72 acres and the affected area at this site to 155.0 acres as indicated on the Modification Map last revised January 6, 2005. This modification includes the addition of a 17-acre future stockpile area and the construction and maintenance of the associated sediment and erosion control measures with this addition. Page 3 August 4,2005: This permit has been modified to increase the permitted acreage to 456.57 acres and the affected acreage at this site to 180.35 acres. This modification includes the expansion of the permit boundary by 12.8 acres and the affected area by 25.35 acres to include 11.5 acres of stockpile area and an additional haul road across Rock Dam A. May 15, 2008: This permit has been modified to increase the permitted acreage to 486.97 acres and the affected acreage at this site to 184.55 acres as indicated on the Site Map dated February 2007 and received by the Mining Program on February 1,2008. This modification includes the addition of17.2 acres to the southwestern permit boundary as buffer, 13 acres to the southern permit boundary that contains 4 acres of future fill and stockpile area, the addition of a visual screening and sound berm in an existing stockpile area, expansion of the pit area and installation and maintenance of all associated erosion and sediment control measures. September 14, 2015: This permit has been modified to increase the affected acreage at this site to 235.0 acres as indicated on the Site Map last revised May 2015. This modification includes the addition of two additional pit areas and includes the installation and maintenance of all associated erosion and sediment control measures. April U.2016: This permit has been modified to increase the affected acreage at this site to 237.7 acres as indicated on the Site Map last revised February 2016. The modification includes changing the 50 foot undisturbed buffer along the northeastern permit boundary to unexcavated in order to construct a visual screening berm along said boundary. 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. July 2,2018: This permit has been modified to increase the affected acreage at this site to 240.2 acres as indicated on the Site Map last revised April 20, 2018. The modification includes the construction of 2.5 acre berm addition within the 50 foot undisturbed buffer area north of Fortney Creek and includes the installation and maintenance of all associated erosion and sediment control measures. July 31,2024: This permit has been modified to increase the affected acreage at this site to 266.8 acres as indicated in the application,on the map last revised May 30,2024,and additional information received on April 9, 2024, and June 30, 2024. The modification includes the relocation of Forney creek and an expansion of the pit. The permitted area is 486.77 acres and the area approved to disturb is 266.8 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. Page 4 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. 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(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. C. All buffer zones shown on the Mine Maps last revised May 30,2024,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. D. All wetland boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 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. All mining activities,including the installation and maintenance of all associated sediment and erosion control measures associated with the additional fill area adjacent to the asphalt plant and stockpile area located south of the existing stockpile areas,shall be conducted as indicated on the Modification Map received by the Mining Program Section on August 25, 2003,and the supplemental information dated August 20,2003,and September 15,2003. C. All mining activities associated with the future stockpile area, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Modification Map last revised January 6, 2005, and supplemental information received by the Mining Program on January 10,2005. D. All mining activities and those associated with the two future pit areas shall be conducted as indicated on the Site Map last revised May 2015 and the supplemental information received by the Mining Program on May 20,2015,and July 29,2015. E. Mining activities associated with the construction of the visual screening berm buffer along the northeastern permit boundary, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Site Map last revised February 2016 and supplemental information received by the Mining Program on February 23,2016. Page 5 F. All mining activities associated with the construction of 2.5 acre berm addition within the 50 foot undisturbed buffer area north of Fortney Creek, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Site Map last revised April 20, 2018, and supplemental information received May 3,2018. G. All Mining activities associated with the relocation of Forney Creek and pit expansion as part of the July 31, 2024 Modification, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated in the application,on the Mine Map last revised May 50,2024,and the supplemental information received on April 9,2024,and June 30,2024. H. 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. 6. Permanently Marked Boundaries. A. All mining permit boundaries (486.77 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 revised May 30, 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 any pit expansion conducted after May 1, 1995, 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 constructed after May 1, 1995. 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. 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 10.0 10.0 v m 0 j2.0 2 infsaG 0 ° 1.5 1-5 m 1A 1.0 0. 0.9 0.75 oolsee 0.9 ° 0' .G 0-+ eo 0.6 C 0.5 0.5 0-♦ 0.4 Q E oa as 0.2 02 x 11 i i 0,1 1 3 10 20 30 100 Slast Vibration Frequency, Hz Figure I Altemative blasting levei criteria (Source modified from ,figure 8-4.. Bureau or,Wines .R;d507; C. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/D,)Z (EQ. 8.1) Page 7 Ds=D/W 1/2 (EQ. 8.2) V= 160(DS)-l.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/W1.33)-1.2 (EQ 8.4) To convert U(psi)to P(dBL): P=20 x log(U/2.9x10-9) (EQ 8.5) Confined Air blast/Overpressure(dBL)for quarry situation: A =P-35 (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 interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. X. weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. G. If ground vibration or Air blast limits are exceeded,the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However,blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. 1. Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: i. A thorough investigation as to the cause(s)of the incident shall be conducted. ii. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall,at a minimum,document the cause(s)of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. J. The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedance of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. K. The operator shall,when requested by the Department,give 24-hour advance notice to the Division of Energy,Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. Page 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. 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 May 30, 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. 12. Buffer Between Mining Permit Boundaries and/or Right-of-warms. Sufficient buffer, as indicated on the Mine Maps last revised May 30, 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. V. steel reinforced air hoses. vi. drill steel. D. if mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: Page 10 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. §74-55. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. VI. Bonding. N.C.G.S. §74-54. The security,which was posted pursuant to N.C.G.S. §74 54 in the form of a$1,000,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. VII. Archaeological Resources. N.C.G.S. §70. 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. Page 11 VIII. Approved Reclamation Plan. N.C.G.S. The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of the permittee,which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices, and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious,or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to allow the quarry excavation to fill with water,provide a permanent barricade(fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. ii. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. 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. Page 12 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. 111.13.A through II1.13.D. vi. The affected land shall be graded to prevent the collection of noxious or foul water. C. No excavation of future pits located north of the relocated Forney Creek, or pits located along the property line,east of the tailing and settling ponds,shall occur until a reclamation plan is submitted and approved by the Department for the reclamation of those pits. 3. Revegetation Plan. After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan included in the application received on January 11,2024,and the Mine Maps dated April 1, 2024. 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. IX. Issuance and Modification Summary. N.C.G.S. &74-51 and &74-52. This permit,issued June 19, 1984,renewed and modified May 1, 1995,modified May 7,2003,October 10, 2003,and February 18,2005,renewed and modified August 4,2005,modified May 15,2015,renewed and modified September 14,2015,and modified April11,2016, December 1,2017,and July 2,2018, is hereby modified this 31 st day of July 2024 pursuant to N.C.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 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 15013-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 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 15013-23(a). x 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://www.oah.nc.eovlhearings-division/hearingI)rocess/filing.-contested-case. Please contact the Office of Administrative Hearings at(984)236-1850 or oah.nostmaster(a),oah.nc.eov with all questions regarding the filing fee and/or the details of the filing process.