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HomeMy WebLinkAbout13-25_1_Redacted ROY COOPER ^. Governor MICHAEL S. REGAN Secrerary Energy,Mineral& TRACY DDAVIS Land Resources ENVIRONMENTAL QUALITY December 1, 2017 John J Tiberi Martin Marietta Materials Inc. PO Box 30013 Raleigh, NC 27622-0013 RE: Mining Permit No. 13-25 Rocky River Quarry Cabarrus County Dear John J Tiberi: 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 mining 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 $501month 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 I', of Nr.IrthC'mjlitla I En%itumucld.'!Quaht.% 1 Enr•r1y.Mlirldl arid LandRi-soniccs -'I'h Sahshurt StrrFt It•12 Mall Servl<r Ce[°o,r ] ralclglt.Nonli carolln;s2ai 9Q lel2 Qt�707 a'.?QO N ®ER North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 1, 2015 Mr. John J. Tiberi Martin Marietta Materials, Inc. V f V I I VUU VGII\ I.JVU1VVGII U, VUIIG N-rV Charlotte, North Carolina 28217 RE: Permit No. 13-25 Rocky River Quarry Cabarrus County Yadkin River Basin Dear Mr. Tiberi: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the affected acreage to 133.72 acres as indicated on the Mine Map last revised February 12, 2015. This modification includes the revising the affected acreage to reflect minor changes in the operation and to make the affected acreage areas easier to identify on the mine map. The modification includes upgrading all proposed erosion and sediment control measures that have not yet been constructed to meet the 2010 standards. A copy of the renewed and modified permit is enclosed. The new expiration date is May 1, 2025. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests 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. 313. 3C, 413. 10B and 12E and Reclamation Condition Nos. 2E and 3. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 194.44 acres and the amount of Ionrl vrrrt11 Ira nllr%%iun l +n r1ic+I Irk is Ill 70 onroo I b411M J V1.A NI V 4IIIVYYLV LW L t%.ILIAI L.J IJ I VV.f C. G141 G0. Division of Energy, Mineral, and Land Resources Energy Section -Geological Survey Section• Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX:919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604-Internet:h#tp://portal.ncdenr.org/web/Ir/ An Equal Opportunity 1 Affirmative Action Employer--50% Recycled 110%Post Consumer Paper Mr. Tiberi Page Two Please review the renewed and modified permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-922&should you have any questions concerning this matter. Sincerely, CZ_. 4taet Boyero Mining Specialist d Quality Section JSBIjw Enclosures cc: Mr. Zahid Khan Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND 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 IAvtij, ILIICs all[,i regllidLlVlls Permission is hereby granted to: Martin Marietta Materials, Inc. Rocky River Quarry Cabarrus County - Permit No. 13-25 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. MINING PERMIT EXPIRATION DATE: May 1, 2025 r Page 2 1 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 institute other enforcement procedures authorized by law. I Definitions 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. Modifications December.30, 1992: This permit has been modified to allow pit expansion, the relocation of the adjacent tributary, overburden disposal in accordance with the Erosion Control Plan dated December 8, 1992 and revised December 18, 1992 and the calculations package dated December 18, 1992 with stipulations. Furthermore, the name of this quarry has been changed . from Cabarrus Quarry to the Rocky River Quarry in accordance with the request dated December 9, 1992. March 27, 1995: This permit has been modified to add 40 acres of buffer land to the permitted acreage. Page 3 April 26, 1996: This permit has been modified to allow a 1.5 acre expansion of the existing berm south of the pit, including its associated sediment and erosion control measures, as indicated on the mine map received by the Land Quality Section on April 3, 1996. February 24, 1997: this permit has been modified to allow the removal of overburden material from approximately 4.0 acres as indicated on the Mine Map and the associated sediment and erosion control plan received by the Land Quality Section on January 23, 1997 and the ellrnr%Icr ,c%rL4f31 infnrmo4inn k%i fke I . nA nial l;+%, nn Cehrll�nj 10 9007 ML,VV I VI I I VI I LG I III I V I I I I"LIV 1114LVrI YL✓LA Vr LI IG LG71 IV L UCX II Ly %JGVLI VI VII i GVI LA CALr IV, IIJ LJI . February 22, 1999. This permit has been modified to allow the construction of additional berms and associated erosion and sediment control measures as indicated on the mine map last revised January 15, 1999. Aarii 12, 2005: This permit has been modified to increase the affected acreage to 90.3 acres as indicated on the Mine Map last revised September 2, 2004. This modification includes the addition of two new settling ponds and a revision to the affected acreage because of better mapping. July 15, 2013: This permit has been modified to change the corporate name from Martin Marietta Aggregates to Martin Marietta Materials, Inc. May 1, 2015: This permit has been modified to increase the affected acreage to 133.72 acres as indicated on the Mine Map last revised February 12, 2015. This modification includes the revising the affected acreage to reflect minor changes in the operation and to make the affected acreage areas easier to identify on the mine map. The modification includes upgrading all proposed erosion and sediment control measures that have not yet been constructed to meet the 2010 standards. Expiration Date This permit shall be effective from the date of its issuance until May 1, 2025. 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: 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the .v:Ll:.--. .. _1_ and _._1__ _1_._ _1 1. perlllnLlll[J lec�uirenienis ana rules promulgate❑ by the N.C. Environmental Management Commission. Page 4 B. Any storm water 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 storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the 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 from the scale house to SR 1142. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent 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 Mine Map last revised February 12, 2015 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, check dams, sediment retarding structures, rip rap pits, or ditches shall be I 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 nor natural ..ate.course in proximity to the affected land. B. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Maps last rr ,;,i ,4 rnkn inE i 1' 2015 and ci lnnlemental information received by IVICIr1J iQJI IGYIoc� I {�NI bIMIJ —, -rr the Land Quality Section on March 16, 2015. i Page 5 C. 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. 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 any pit expansion conducted after December 30, 1992 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. 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. Blasting 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. 8B and 8D 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: I I Page 6 A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 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. 1 0.0 1 O.C6 m 4 y x.0 inl� c 2.0 7.QQ8 � 1,5 t!.}'S In i-- r , Z 0.T 0.7 � Q.8 i + d.6 0.5 ° 0.4. Octo. E ► 1 E r i 0.2 dlZ m i E ' 1 0.1 1 4 10 20 30 100 Blast Vibration Frequency,, Hz Figure 7 ARemative btasting..tev�-t crxtoda (Source modified from figure 8-1. Bureau of twines R18507) B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas- W= (DIDs)2 Ds `W112 ., _ �����, \-1.6 v — ivutvs! 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 11Vt VYYIne4 01 leased by the mine operator (feet). 14 Page 7 Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). Thn nnnL nnrFie n irnlnr+i+ir of nnir r.r,mnnnan4 &knll nn4 nvrnnA 1 n inr+h ncr I I1V 'a\ F% VJ ptl4pV VL IWVI&y VI Gil lr liVl 11F%j1 IGI II JI IGi II IIVL \:rAV\.rVW I.V II 1Vlt / . second, for the purposes of this Section. C. Air blast With Monitoring: 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 Max Level, Measuring System, in Hz in 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 D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following fnrml�laG• U - 82 (D/W"3)-1.2 To convert U (psi) to P (dBL): P = 20 x log (U/2.9x10-9) f"'...._..,..A A�.- hl....L1!`1.....-........,�..... /.JAI l LVIIIi11GU 1"1il VIq.7UVYCll.1EGJbUIC kuLl for quarry situation: A = P - 35 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 I The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of +ho Kismet Records chatl ha maintained at the nermittee's mine office and copies LI IV VIUJL. shall be provided to the Department upon request. F. Excessive Ground_Vibration/Air blast Reporting: 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 COrreC[IVe aCilfll5 approved Lby the ueparlument cnra taken. Wr%A/C►rGf, hiac&I c LCA tinn 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. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that fiyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent fiyrock and repeated instances of fiyrock shall be considered a violation of the Mining Permit, H. FI rock Reporting: Should flvrock 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: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. I 2. A report detailing the investigation shall be provided to the Department --kin 1n rinye r%f tho innirlPrit. The report shall. at a minimum, document YYlll lill 1 V LA L.L v • .v i 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. Page 9 I. Studies: The operator shall provide to the Department a copy of the findings of any caicmirr, cti irliac rnnrf i irtari at tha mina vita in racnnnca to nn PYr.PPr1Anr.P 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. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Lana Quality %ection Regional Orrice prior to any blast during a period for which notice is requested. 9. High Wall 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 constructed after December 30, 1992. 10. 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 Map last revised February 12, 2015. 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. (� Fvie+inn +rcoe Oho+ xntill �nnteh o�- -n enrcer% shall he Ic# I ir-i^1 if v. 6--1 61114f 61V 611C.16 YY111 V41 VQ EAU Ell 5CRN;:11 VI 1G411 01 IG I UI IVt16. 11. Plan Modification 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. Page 10 I 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 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 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 ^----•---- '.J..�.+ ♦4,.. t..klni.rinr- rr��+pri��c t,, be "mining refuse" fin addition to Mesoukces colIsidels u e Ionvvvu1� IIIGLV l41 V %"- 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 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 Energy, Mineral and Land Resources prior__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 I landUsed, clean rnnex to 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: <� Page 11 1. 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. '7 1 lenrl r+lonn rnnnrnfn ohnll kn mnr1 nme ar-carl within L. V I VIVGI I VVI IV14lV �7I IG111 No%4 LVI I IFl VI GI 11r JLWV'%FII c I IG VI V-W- •,.•I.... existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. 1_q Annl 1al RAr lmmn inn Rannrt •v. vMv 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. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a IH r'AA nnn nn 1_1_._1_-11__n_I _L[:-:_ntt cover operation _ _J:_a'-mil &L� �UUU,UUU.UU IJld11K I. IJUIiU, Is SUIIIGI�ilI I. GUvel U1� U�JerdllUll as IIlU1i;[lICU I11 II IC approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 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 I TheThe, flunal clones in ail Pyravatinns in sail, Sand, gravel and other unconsolidated , n��c.� uw�.+..... .. ...... �..-.. 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 �' - --- d ►.t..1+ ' n�i;#.Wn for the nrnnneaf� CI If1SAf111P.C1t u$e accepted conservation practices and whicth is OUILCtLJIGi o him nrr%n ...�.... 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 _nears after completion or termination of mining. RECLAMATION CONDITIONS: 1. 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. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 13 A. 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. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through E. F. The affected land shall be graded to prevent the collection of noxious or foul water. G. Upon removal of the stream crossing located on Anderson Creek, the stream channel where disturbed shall be permanently stabilized with NCDOT Class 2 rip rap placed at least 18 inches deep and underlined with at least 6 inches of NCDOT No. 57 washed stone or an equivalent. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Seeding Schedule on the Reclamation Map last revised February 23, 2015 or the following; Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15-April 1 Korean Lespedeza 10 Fescue 40 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 IYIIA���A Page 14 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. 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: I ' ' '- •-- +��+.+..� nl.. �i+h mi inn }n }hra extent feacihlrA ll'l Reclamation snail be cond uCted sit I Iu ita eouSly Vilt i i I rani,n� w Iv 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 March 4, 19985, modified December 30, 1992, renewed and modified March 27, 1995, modified April 26, 1996, February 24, 1997 and February 22, 1999 and renewed and modified April 12, 2005, is hereby simultaneously renewed and modified this 1�h day of May, 2015 pursuant to GS 74-52. By: ��acy E. 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