HomeMy WebLinkAbout20210927_Transfer_77-06 6� 6
ROY COOPER
Governor
ELIZABETH S. BISER �w
Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
September 27,2021
Douglas S. Losee
Covia Solutions Inc.
2700Technology Forest Blvd, Suite 100
The Woodlands,TX 77381
RE: Marston Mine
Mining Permit No. 77-06
Richmond County
Lumber River Basin
Dear Mr. Losee:
Your request to have the above referenced mining permit, issued to Covia Holding Corporation, has been approved
and is transferred in its entirety to you. As we have received the required surety in an amount sufficient to cover
the present operation,I am enclosing the transferred mining permit.The permit number and mine name shall remain
the same as before the transfer.
Please review the permit carefully and notify this office of any objections or questions you may have concerning
the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining
permit. 1 would like to draw your particular attention to the following conditions where minor additions or changes
were made: IV
As a reminder,your permitted acreage at this site is 2026.0 acres and the amount of land you are approved to disturb
is 1684.0 acres.
Again, if you should have any questions on this matter please contact Adam Parr, PE, Assistant State Mining
Engineer,at(919) 707-9220.
Sincerely,
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr.Tim LaBounty, PE
Mr. William Gerringer-DOL, Mine and Quarry Bureau,w/o enclosures
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 11612 Mall Service Center I Ulelgh.North Carolina 27699-1612
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 5 B,and other
applicable laws,rules,and regulations
Permission is hereby granted to:
Covia Solutions Inc.
Marston Mine
Richmond County-Permit No. 77-06
for the operation of a
Sand 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. Issuance and Modifications. N.C.G.S. §74-52.
September 16, 1992: This permit has been modified to include and allow mining on approximately 34
additional acres identified as the Sears tract(leased)on the mine map dated July 13, 1992.
December 18, 1992: This permit has been modified to include and allow mining on approximately 672.1
additional acres as identified on the Mining Sequence Map dated October 29, 1992.
January 26, 1996: This permit has been modified to increase the affected acreage to 800 acres as indicated
on the mine map dated March 1, 1995.
September 8, 1998: This permit has been modified to add 188.94 acres to the mining permit and to increase
the affected area as indicated on the Marston Plant Stripping Sequence Map dated March 15, 1998 and
received by the Land Quality Section on July 21, 1998.
November 20, 1998: This permit has been modified to add the ability to create ponds and/or wetlands,with
their associated vegetation types,to the approved reclamation plan of this mining permit.
December 14, 2006: This permit has been modified to increase the permitted acreage to 1,736 acres and
the affected acreage at this site to 1,491 acres. This modification includes the expansion of the mine
excavation area by 482 acres, located to the south of Mill Creek, and by 44 acres located east of Cognac
Road/SR 1605 on the Partington Property,as indicated on the Mining Map last revised June 1,2006.
Page 3
March 5, 2010: This permit has been modified to reduce the affected acreage to 1401 acres indicated on
the Mining Map last revised October 13,2009. The modification includes the removal of Sediment Basins
ON-1 and ON-2 and the pit expansion north along Mill Creek,the construction of a roadway to the approved
Mill Creek Crossing with associated basins and the continuation of mining operations south of Mill Creek.
March 27, 2012: This permit has been modified to increase the permitted acreage to 2026 acres and the
affected acreage to 1684 acres, as indicated on the mine map last revised February 13, 2012. The
modification includes the addition of 290 acres to the southwestern permit boundary, expansion of the pit
in that direction,as well as all associated erosion and sedimentation control measures and screening. The
mine name has also been changed from Marston Plant to Marston Mine.
December 1,2017: This permit has been issued for the life of site or the duration of the lease term.
January 22,2019: This permit has been modified to change the corporate name from Unimin Corporation
to Covia Holdings Corporation.
September 27,2021: This permit has been transferred in its entirety from Covia Holdings Corporation to
Covia Solutions Inc.
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.
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 prevent dust from leaving the permitted area.
3. Buffer Zones.
A. Sufficient buffer(minimum 50 foot undisturbed)shall be maintained between any affected
land and any adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State,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.
Page 4
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 exposed areas of the dikes for the sediment basins shall be provided with groundcover
sufficient to restrain erosion within 30 days of completion of construction.
C. All drainage from the affected areas around the mine excavations shall be diverted internal
to said excavations or sediment basins as indicated on the Mining Map last revised June 1,
2016.
D. Side slopes to all temporary berms and overburden areas shall be maintained at a 2
horizontal to 1 vertical or flatter slope.
E. Mining activities associated with the 290-acre addition to the southwestern permit
boundary, including the installation and maintenance of all associated erosion and
sedimentation control measures, shall be conducted as indicated on the Mine Map last
revised February 13,2012 and the supplemental information received on October 11,2011
and February 23,2012.
F. Mining activities, including the installation and maintenance of the approved sediment
basins and associated diversion channels,shall be conducted as indicated on the mine map
last revised June 1,2016 and the supplemental information received on June 13,2016 and
January 11,2017.
5. Permanently Marked Boundaries.
All affected area boundaries (1684 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
6. Graded Slopes and Fills.
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 sedimentation, shall be planted,or otherwise provided with ground cover,devices,or structures
sufficient to restrain such erosion.
7. 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.
8. Visual Screening.
A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and
public thoroughfares whenever practical to screen the operation from the public.
Page 5
B. A vegetated berm shall be constructed and maintained between the tailings pond area and
Highway 177. In addition,vegetated earthen berms,tree plantings at staggered spacing,or
other acceptable alternative shall be constructed and maintained between the mining
operation and both sides of SR 1605 and along the north side of SR 1608 as indicated in
the Mine map last revised June 7,2016.
9. Buffer Between Mining Permit Boundaries and/or Right-of-ways.
A. Sufficient buffer shall be maintained between any excavation and any mining permit
boundary to protect adjacent property.
B. Buffers shall be maintained as indicated on the mine map last revised June 7,2017.
C. No excavation shall occur closer to any highway right-of-way than 1.5 times the depth of
the excavation.
10. Highwall Barrier.
A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the
perimeter of any highwall.
11. 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.
Page 6
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.
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$1,000,000.00 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. §70-3.
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.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
Page 7
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:
i. Backfill the mine excavation with coarse waste sand or tailings and to cover the
backfilled excavations with soils suitable for revegetation or;
ii. Create acceptable ponds and/or wetlands. All remaining areas shall be graded and
revegetated as specified below.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. All final perimeter side slopes shall be graded to a 3 horizontal to 1 vertical or
flatter slope.
ii. Any settling ponds or sediment basins shall be backfilled 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. Any tailings ponds and mined areas shall be filled with coarse waste sand,tailings,
and waste rock, allowed to dry for a period of one to two years, covered with a
layer of coarse waste rock and sand, then covered with suitable overburden and
topsoil and properly vegetated.
V. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
vi. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. III.1 LA
through III.]I.D.
vii. The affected land shall be graded to prevent the collection of noxious or foul water.
Page 8
3. Revegetation Plan.
After site preparation,all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs./Acre
February 15-April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye(grain) 15
April 1-July 31 Common Bermuda 50
August 1-October Lespedeza(unscarified) 30
German millet 40
October 25-February 15 Rye(grain-temporary) 120
Soil Amendments
Lime 2000 lbs./acre or follow recommendations from a soil test.
Fertilizer 1000 lbs./acre 8-8-8 or 10-10-10 or follow recommendations from a soil test.
Mulch All seeded areas shall be mulched using small grain straw at a rate of 2000
lbs./acre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass, Indian grass, bluestem,and gamma grass.
In addition,the permittee shall consult with a professional wildlife biologist with the N.C.Wildlife
Resources Commission to enhance post-project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
Page 9
IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52.
This permit, issued April 30, 1975,renewed August 15, 1985,modified September 16, 1992 and December
18, 1992, modified and renewed January 26, 1996, modified September 8, 1998 and November 20, 1998,
renewed and modified December 14, 2006, modified March 5, 2010 and March 27, renewed February 9,
2017, and modified December 1, 2017 and January 22, 2019, is hereby transferred in its entirety this 27th
day of September,2021 pursuant to N.C.G.S. §74-51.
By: i/ i.�...✓Y '� J o'L
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality