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HomeMy WebLinkAbout10-56_1_Redacted ' 'orth Carolina Depat-a-nent c f f"Itivi.roarnent cind NaLural Resources, Division of Hner y, Mix eral. and Lane .l osotirces, Lax d Quality Sectiot MINE IN'SPLCTION REPORT I'k:°IR_'N'IITTED HILL SITE D U";tiPE I TED MINE:SITE L. NILNE NAME. �1I0aft Smith Road Mine ' I L LOC-`A"l'ION: ��n �cc,d Rd N'�W 3. COUNTY: BrunswK1 4, W.I R BA L � Larnbc:r 5'. CASE. 6. OPEW),T 3.R: J;""4 Mclarrilna. :...St-' s Construction...Co,napalLy Inc ..7. ADDRESS. 860 t41c,Larrib Rom Calabasls NC 28467�.. I n . X 8, N A G PE L E ) O DAIE. ❑CIA 10, PERSON(S) CONTACTED AT SIfiE. Chr's L cavalor 0 eratc�r__ �. . VIR.. TU1UJ-,S'.' El _ Yes. M cr TA �<< RY. 12. TYPE OF INSPECTION: ❑ A., Initial,Inspection ( npermitted Mane:Sates) RECEIVED 1. 'size of affected land, ac. (attach sketch map) 2. How was this area.measured? �� __.... ..�_ Measured by- m B. 1Routi e Inspection (Permitted Mine Sites) C, Follow-up Inspection 3. Date.of Iasi inspection: 12�1 1!.. p _ 14. Any mining sine°e that date? [�j Yes ❑e No If yes, cite evidence ol. such mining; activity: C}perdt ng, bus lr� in��ctpn,_neu� s�tazlcs _ -- 15. Was mills operating at time of inspection'! 'es ❑ o If des, explain: x�a��tcir�era�.11� 16. Is the mine in compliance with the Operating Conditions of the Perm0 ❑ Yes=- .N"`'o `❑ iN/A If no, explain. Markrninc boundaries in l00-f't infervals VwTedand (�c�t ndarr_should be.clearly marked al. somboa_st- c�t�a-P��.ars tuhav���e.a rfis ��rl��ccl..l3ca�rndary cfil�e sed�rr�.._ntcrrn�t;aclia�ent�t�t?at?na_iric sl�culd c lear'y rgarked. 17. Is the mine in compliance with. the 1 eclamatioxi Conditions of the Permit:' ❑ Yes ❑ No ❑ ;A: If no, explain: `there are areas oia ,southcm,,sloves that are bare and vr1].r�cluarq additional v; aton. Repair��11Mi�s where formed alonp,bare areas befog ostab"islair �egetat�c�rr I S. Is there any off-site datttage:' A. ❑ es lI.❑ No C. None observed If A, describe the type, and severity of the damage( If B or C, is there potential or of&site darmage? El Yes ❑ err T�,xplaan _. ............ _ _._ _:.: ............... - ...... 19. Corrective ineasures needed and/or tak�.cn: wMine boundaries should be majed in.�_100-ft _ntcrval�:. Reclamation wcark Lhqu[d{aq�,,ill an Acpcs w1a�je imining_s ccara��+lete. _ ....._........................._...... _ _ _ _ .._......._. - - m _ 20. Other recommendations and comrnents: ....... ... ...... ._.._ _:::. ._.... 21. Is the Annual Reclamation Report—I- map accurate. Yes �:] No (I xplaa,u) ❑ Not Reviewed N7A . � �U19 _.............. ....::. ...._..�...�... ���. - �-:�� ..........pro Deed dais Jatiur� . 22. Follow-up inspection needed? � Yes t� 23. No of additional pages of inspection Deport 0 24. Cope of.Report sent to operator l l 01/20l8 LNSPECTED Y: - Connor Musial '._ _ _ TE J.��/30/2018 Telephone No:: __ 9.]_fta796-73,7 Copy to ale Copy to op:;rator Copy to 'dining Specialist ■ ROY COOPER Governor !,a MICHAEL S. REGAN Secretary Energy,Mineral& TRACY DAVIS Land Resources Director ENYIRONMENTAL QUALITY December 1, 2017 L M McLamb& Son Construction L M McLamb& Son Construction 800 Mclamb Road NW Calabash, NC 28467 RE: Mining Permit No. 10-56 Hughes/Smith Road Mine Brunswick County Dear L M McLamb & Son Construction: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The"life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS§74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to'remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS§74-54, the cap on reclamation bonds has been raised from $500,000 to$1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at(919) 707-9220. Sincerely, William "Toby"Vinson, Jr., PE, CPM Interim Director, DEMLR Swte of North CDrulina I Environmenial Quality I Energy,Minervl anti Land l"ourwe•x 512 N,Salisbury Street 11612 Mail Service Center I Ulelgh,North Carolina 27699-1612 919 707 92 00 L • A NCDENR North Carolina Department of Environment and Natural Resources Divicinn of I and Rgcnurces Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist September 20, 2011 Dee Freeman, Secretary Mr. Jimmy McLamb L.M. McLamb and Son Construction Company, Inc. 800 McLamb Road Calabash, North Carolina 28467 RE: Hughes-Smith Road Mine Mining Permit No. 10-56 Brunswick County Lumber River Basin Dear Mr. McLamb: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is September 20, 2021. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4C, 5 and 13. As a reminder, your permitted acreage at this site is 60.88 acres and the amount of land you are approved to disturb is 37.32 acres. Acreage changes reflect better clarification of the permit boundary. Please review the renewed permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, i 1AJ CA 1 UV T '-V anet S. Boyer, PE State Mining Specialist Land Quality Section JSBIjw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604•internet:http://www,dir,enr,state.nc.us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations r-Urrr}1ssio1i is nereuy granted to: L.M. McLamb and Son Construction Company, Inc. Hughes Smith Road Mine Brunswick County - Permit No. 10-56 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. MINING PERMIT EXPIRATION DATE: September 20, 2021 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to 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 I11JLIlUIG VIIICI GIIIVI4GIIIGIII pIVVGUUICJ CIULIIVIILCU buy ILIW. Definitions VVIlereveI used or referred LV in his permit, unless h C:o1lleXl UlU dfly FF1U1U&Le,5 Qlner►niise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications November 21 , 2006: This permit has been modified to increase the permitted and affected acreage to 31.549 acres as indicated on the Mine Map Sheets C1 and C2 sealed by Mr. John Phillip Norris, PE on November 11, 2006. The modification includes the increase in permitted acreage by 11.549 and the increase in affected acreage by 26.559 acres by expanding the excavation area and adding an alternate access/haul road off SR 1321/1-ongwood Road, Auqust 15, 2007: This permit has been modified to increase the permitted acreage to 45.5 acres and the affected acreage at this site to 37.343 acres as indicated on the Mine Map last revised June 20, 2007. The modification includes the addition of 5.8 acres of mine excavation area and the associated buffer zones. Page 3 Expiration Date This permit shall be effective from the date of its issuance until September 20, 2021. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any bvastevvater pr o1.e55111g U1 I I111 Ile dewatel II ly` til loll be 1111 dUL;UrUdI IUe WILL l 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 Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, 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. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. Paqe 4 C. Mining activities shall occur as indicated on the Mine Map Sheets C1 and C2, both received by the Land Quality Section on September 16, 2011 and the supplemental information received by the Land Quality Section on February 24, 2011, May 12, 2011, and July 21, 2011. 5. All affected acreage boundaries (37.32 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate 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. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disnnsPrl �f in a disposal far_.ility annrnweri by the Division of Wncte Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts Page 5 5. steel reinforced air hoses 6. 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 Land Resources rip or to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. 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. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $22,400.00 surety bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. 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 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining_ property_ must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. R_evegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per 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 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 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 Ibslacre and anchored appropriately. North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section ll MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Hughes Smith Road Mine 2. MINING PERMIT# 10-56 3. OPERATOR J.M Mclamb & Sons Construction Company, Inc. 4. COUNTY Brunswick 5. ADDRESS_ 800 McLamb Road, Calabash NC_28467 _ 6. PERMIT EXPIRATION DATE January 4. 2011 7. RIVER BASIN Lumber 8. Person(s) contacted at site no contact made onsite 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ® Yes ❑No 11. Date last inspected: June 30, 2010 12. Any mining since last inspection? ® Yes ❑No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No If no, explain: Demark mining boundaries every 100'. Make sure that this is very clear on wetland boundaries and the boundary of the sediment permit that is open. T 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ® No If no, explain: There are sections on both of the ponds where the slopes are bare and will require additional vegetation. Slopes should be maintained at a 3:1 above water line. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ® No If yes,describe the typeseverity damage- inspection.and severi of the dama e• No offsite damacie observe at time o inspe,. 16. Corrective measures needed and/or taken: Mine boundaries should be marked at ever 100' intervals. Reclamation work should begin on the ponds that will no longer be mined. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+1- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date January 2013 20. Nn_ of additional naaec of inspection Rennrt 71_ f nnv of Report sent to o-er9+nr216/2Q12 - r-O-- r-----'- _r... rJ �.r... ram....... INSPECTED BY: Brian Lambe DATE 2/6/2012 Telephone No: (910) 796-7314 Q'r Copy to file Copy to operator Copy to Mining Specialist Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. I auUition, 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. This permit, issued January 4, 2001 and modified November 21, 2006 and August 15, 2007, is hereby renewed this 20th day of September, 2011 pursuant to G.S. 74-52. By. ames D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources r v$.F FR i' I MF - y d p VR .. Joao hif T } .x r gym . 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' fEI9"a 's3S�d jeers ` ,' `s�Y @ 114�LLP4* m�i��='' � �� ��a � p�a1� �6011114i ll-I��'g3:'R IN �R�. h'EA YF �' ■■ p R L_ g 3 7 y _ ors 3�;' PIP u w2ir _ e - # a i a=s •s$� �! a ¢ a �a a - x � NP eY g b2 .f[s 4■ � as E- Iie F7 Rgr a $ 3 v a ■ea• ,Rg. F><a3�f! g Ia nu a o$ �1 ■ RI E e ' ° � ;=teg� � H `F a3 s = is , rs � 3 is .wr, ee .os.o NORRI5. KUSKF&r TUWaTALL _ DETAILS $ CON5Ut_TsNG ENGINEERS. INC. on a LONGWOOD ROAD TRACT BRUNSWICK COUNTY.NORTH CARRI.INA