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HomeMy WebLinkAbout20240830_Modification_77-01-signed ROY COOPER Governor ELIZABETH S. BISER Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality, August 30,2024 Mr.Tony Johnson Vulcan Construction Materials LLC 4401 North Patterson Ave Winston-Salem,NC 27105 RE: Rockingham Quarry Mining Permit No. 77-01 Richmond County Yadkin-PeeDee River Basin Dear Mr. Johnson: 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 803.3 acres as indicated in the application, on the map sealed on July 3, 2024, and the supplemental information received on July 9, 2024. The modification includes the expansion of the mine excavation areas and related mining activities within the approved affected acreage(Phase 3), installation of perimeter and access roads,expansion of the north overburden stockpile, abandonment of part of Lassiter Road in coordination with local regulatory agencies, removal and redirection of stream sources within the excavation areas toward existing regulated streams under approved 401/404 permits. Removing and redirecting the streams to include cutting a diversion channel along the east side of an installed rock berm,which shall not include any fill. 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: II1.3.C, IIIA.E, 111.6, 1II.1 LB, VIIL3. 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 1,461.2 acres and the amount of land you are approved to disturb is 803.3 acres. Please contact me at(919)707-9207 if you have any questions. Sincerely, Adam Parr, PE State Mining Engineer AP/kbj Enclosures: Mine Permit 77-01 cc: Mr. Tim LaBounty, 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 2 76 9 9-1612 919.7OZ9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,M NERALAND LAND RESOURCES LAND QUALITY SECTION PERAW 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: Vulcan Construction Materials LLC Rockingham Quarry Richmond County-Permit No. 77-01 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. §7449. 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. December 6, 1991: This permit has been modified to include the Steele Watts, Chalk, Maddry No. 1, Maddry No. 2, Gales and Medlin tracts, bringing the total acreage permitted to 882 acres, and allow the construction of a berm along SR 1117 (Galestown Road), the expansion of the overburden disposal area and the expansion of the pit. These modifications are indicated on the Sediment and Erosion Control Map dated September 1991. November 25, 1992: This permit has been modified to include and allow the modification of the Overburden Disposal Area as per the Erosion and Sediment Control Map—Disposal Area Modifications dated September 16, 1992(sheets 1-3)and the supplemental information dated September 1992. October 24, 1995: This permit has been modified to include the relocation of the processing plant,entrance road and scales,include the extension of the railroad spur,allow pit expansion to the north and south of the existing pit,add an overburden disposal area and delete 14.72 undisturbed acres from the permitted area. June 14, 1996: This permit has been modified to allow treatment of petroleum contaminated soils in a three-acre area as indicated on the proposed Land Farm Area Map dated March 1996. March 5, 1997: This permit has been modified to allow developmental drilling on .25 acres as indicated on the mine map and supplemental information received by the Land Quality Section on February 25, 1997, with stipulations. Page 3 March 23, 1998: This permit has been modified to allow the construction of two earthen berms as indicated on the 8'/z X 1 l inch mine map received by the Land Quality Section on March 19, 1998,with stipulations. January 1, 2000: This permit has been modified to change the corporate name from Vulcan Materials Company to Vulcan Construction Materials, LP. January 20,2001: This permit has been modified to add the.67 acre Clark Tract to the permitted area and to include the 7.9 acre western pit expansion as indicated on the Property Map and Mine Map Revision, both dated January 2001. February 15, 2002: This permit has been renewed and modified to relocate the existing access road, to increase the permitted acreage by 21.86 acres, and to increase the affected acreage by 20.62 acres, as indicated on the Mine Map Revision dated September 2001 and last revised December 2001 and as described in the application materials submitted to the Department October 5,2001. December 28,2002: This permit has been modified to increase the permitted acreage to 1,249.23 acres as indicated on the Mine Map, Sheet 2 of 6 last revised December 2001 and Sheet 3 of 5 dated September 2001, both received by the Land Quality Section on September 13, 2002. The modification includes the addition of 299.37 acres(also known as Tract XIII) as buffer land. As such, no mining related activities shall occur in this area until a detailed permit modification request is submitted to and approved by the department. January 28, 2003: This permit has been modified to increase the affected acreage to 322.52 acres at this site as indicated on the Mine Map last revised December 2002 and received by the Land Quality Section on December 20, 2002. The modification includes an additional disturbance of eight acres, including 6.5 acres of pit expansion to the north and the associated erosion and sedimentation control measures. July 16,2004: This permit has been modified to increase the affected acreage to 346.52 acres at this site as indicated on the Overburden Storage Plan—Plan View revised June 2004. The modification includes an additional disturbance of 24 acres to be used for overburden storage,access to said area and the associated erosion and sedimentation control measures. October 7,2015: This permit has been modified to change the corporate name from Vulcan Construction Materials LP to Vulcan Construction Materials LLC. December 21, 2015: This permit has been modified to increase the affected acreage at this site to 526.6 acres as indicated on the Operations Plan received by the Land Quality Section on November 10, 2015. The modification includes a detailed plan for site improvements that utilize the east side of the existing quarry property for overburden storage area with a three phase development plan. In addition, the modification 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. June 14,2019: This permit has been modified to increase the affected acreage at this site to 580.6 acres as indicated on the Operations Map received June 12,2019. The modification includes creation of a second quarry excavation pit and a plant site with highway access located north of SR1117. The modification also includes the installation and maintenance of all associated erosion and sediment control measures. November 29,2021:The modification is to increase the permitted acreage to 1461.24 acres as indicated on the map received on April 09,2021,and additional information received on March 15,2021,and April 09, 2021. The modification includes the addition of 212.01 acres northeast of the existing permit. January 13,2022: This permit has been modified to install additional erosion&sediment control measures (E&SC)within the currently permitted Overburden Storage Area in order to expand the overburden storage Page 4 capacity as indicated on the maps received on November 18,2021,and additional information received on November 30,2021. October 10, 2022: This permit has been modified to increase the affected area to 616.6 acres. The modification includes installing erosion& sediment control measures within the currently permitted area north of the existing Duke Power right of way in order to expand the pit to the north as indicated in the application, on the maps sealed August 31, 2022, and the supplemental information received October 7, 2022. The permitted area at this site is 1461.24 and the area approved to disturb is 616.6 acres. January 19, 2023: This permit has been modified to increase the affected area to 697.3 acres. The modification includes installing haul roads, screening berms, overburden stockpile areas, and associated erosion& sediment control measures within the currently permitted area near Lassiter Road and the existing plant at the site as indicated in the application and on the maps sealed December 8, 2022, and the supplemental information received January 18, 2023. The permitted area at this site is 1461.24 and the area approved to disturb is 697.3 acres. May 22, 2024: This permit has been modified to modify permit condition 9.M, which was related to complete removal of the muck pile prior to setting off another shot. The modification includes an updated blasting plan for blasts where the face is not completely mucked out before detonation. The permitted area at this site is 1.461.24 and the area approved to disturb is 697.3 acres. August 30,2024: This permit has been modified to increase the affected area to 803.3 acres as indicated in the application,on the map sealed on July 3,2024,and the supplemental information received on July 9, 2024. The modification includes the expansion of the mine excavation areas,installation of perimeter and access roads, abandonment of part of Lassiter Road in coordination with local regulatory agencies, and removal and redirection of stream sources within the excavation areas toward existing regulated streams under approved 401/404 permits, and removing and redirecting the streams to include cutting a diversion channel along the east side of an installed rock berm, which shall not include any fill. The permitted area at this site is 1,461.24 and the area approved to disturb is 803.3 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. 474-51. 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 5 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. The permanent access (plant entrance) road shall be paved for a minimum of 1,000 feet from its junction with SR 117(Galestown Road). C. During mining operations, water trucks or other means that may be necessary shall be utilized to mitigate dust from leaving the permitted area. 3. Buffer Zones. A. Any mining activity affecting waters of the State,waters of the U. S.,or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Operations Map received June 12, 2019, Permit Modification Map sealed December 8,2022,and Permit Modification Maps sealed July 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. 4. Erosion and Sediment Control. A. Adequate mechanical barriers including but not limited to diversions, 'earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. B. Mining activities associated with the overburden storage area located in the east side of the existing quarry property, including the installation and maintenance of all associated erosion and sediment control measures,shall be conducted as indicated on the Request for permit Modification dated September 4,2015 and the corresponding mine plans,Sheets 1 through 5 of 9,Sheets 8 and 9 of 9 received by the Land Quality Section on November 10, 2015 and Sheets 6 and 7 of 9 received on December 8, 2015 and the supplemental information received September 4,2015,November 10,2015 and December 8,2015. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Operations Plan received June 12, 2019, and the supplemental information received April 26, 2019, May 13,2019,May 29,2019,and June 12,2019. D. Mining activities associated with the January 11, 2022, modification including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine maps received November 18, 2021, and the supplemental information received November 30,2021. E. Mining activities associated with the January 19, 2023, modification including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated in the application,on the Mine Maps sealed December 8,2022,and the supplemental information received January 18,2023. Page 6 F. Mining activities associated with the August 30, 2024 Modification including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated in the application,on the Mine Maps sealed July 3,2024. G. 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(803.3 acres)shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps sealed July 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. 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. 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.II I.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. Page 7 Figure 9-1- 411bivable Peak Particle Velocitv by Frequency 10.0 110.0 c 0 2Intsac 2.0 1 tv l.0 9 0.75 inisee 0.90.4 0.7 0.61 i Ors r 1 0.4 0.3 r i 0.3 1 1 % 0.2 11 0.2 1 D.1 1 4 10 20 30 100 Blast Vibration Frequency, H; Figure 1 Altemative blasting level crttena (Source maddled from figure B-i- Buraeau of Mines R18507) C. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/DS)2 (EQ. 8.1) DS=D/W'rz (EQ. 8.2) V= 160(DS)-`.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. Page 8 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/Wo.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 (EQ 8.6) 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). 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. Page 9 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. 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. L. Traffic on SR 1117(Galestown Road)and on SR 1123(Lassiter Rd.)shall be stopped at a safe distance from the quarry site during blasting activities. M. On muck bound shots, blasting activities shall occur as indicated in the supplemental information received April 18,2024. N. Vulcan Construction Materials,LP's blasting contractor shall perform laser transit profiles of face conditions prior to shot design. This will ensure precise overburden dimension data can be utilized for determining explosive distribution in the blast design to minimize flyrock potential. O. Formal meetings involving Vulcan Construction Materials, LP,its blasting contractor,and blasting investigation consultant personnel shall be held on a regular basis to review blasting operations at this quarry operation. Videotape of blast events, seismograph data, shot design, and hole loading parameters shall be reviewed to ensure that blasting operations remain consistent and controlled. Page 10 10. High Wall Barrier. A. 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 20-foot-wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. B. A permanent gated access shall be maintained between the excavation and SR 1117 (Galestown Road)and SR 1123 (Lassiter Rd.) 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 Operations Plan received June 12,2019,the mine maps sealed December 8,2022,and the mine maps sealed July 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. 12. Refuse Disposal. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy,Mineral and Land Resources,Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.G.S. §74-49 (14)of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. drill steel. D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: i. the approximate boundaries and size of the refuse disposal area. Page 11 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. 1. Minimum Requirements. A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on- site implementation of the revisions. B. No mining activities shall occur on the tract located southeast of the overburden storage area(formerly known as the Chalk Tract)and the tract southwest of US Highway 74 By- Pass(formerly known as the Tract XIII)as indicated on the Operations Map received June 12, 2019, until detailed mining, erosion and sedimentation control and reclamation plans have been submitted to and approved by the Division of Energy, Mineral and Land Resources. VI. Bonding. N.C.G.S. §74-54. The security,which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 blanket 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. §70-3. 1. Access and Notice. 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. V4-53. 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. 111.12.A through I11.12.E. vi. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan. After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan included in the application and on Sheet C400 of the mine maps sealed July 3,2024. 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. Page 14 IX. Issuance and Modification Summary. N.C.G.S. §74-51 and V4-52. This permit, issued to Prime Constructors, Inc.January 4, 1982,transferred to Vulcan Materials Company June 10, 1985,modified December 1, 1987,modified and renewed December 6, 1991,modified November 25, 1992, October 24, 1995, June 14, 1996, March 5, 1997, and March 23, 1998, transferred to Vulcan Construction Materials, LP January 1,2000,modified February 20,2001, renewed and modified February 15,2002,modified October 28,2002,January 28,2003 and July 16,2004, renewed February 28,2012 and modified October 7, 2015, December 21, 2015, December 1, 2017, June 14, 2019, November 29, 2021, January 13,2022,October 10,2022,January 19,2023,and May 22,2024, is hereby modified this 30th day of August,2024 pursuant to N.C.G.S. §74-52. 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 I5013-23, 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 15013-23.2. 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). � . m Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at hups•//www oah nc aov/hearings-division/hearing-process/filine-contested-case. Please contact the Office of Administrative Hearings at (984) 236-1850 or oah.postmaster(@oah.nc.Qov with all questions regarding the filing fee and/or the details of the filing process.