HomeMy WebLinkAbout20230628_Modification_32-07 d� O
ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
DOUGLAS R.ANSEL
Interim Director NORTH CAROLINA
Environmental Quality
June 28, 2023
Certified Mail
Return Receipt Requested
7022 0410 0003 1130 6833
Ms. Mary Ann Hoerle
Heidleberg Materials Southeast Agg LLC
3825 Barrett Drive, Suite 300
Raleigh,NC 27609
Re: Permit# Project Name County River Basin Region
29-13 Lexington Quarry Davidson Yadkin PeeDee Winston Salem
32-01 Durham Quarry Durham Neuse Raleigh
32-07 North Durham Quarry Durham Neuse Raleigh
33-13 Rocky Mount II Quarry Ed ecombe Tar-Pamlico Raleigh
41-21 PG Farm Mine Guilford Cape Fear Winston Salem
43-01 Senter Mine Harnett Cape Fear Fayetteville
43-08 Gardner Quarry Harnett Cape Fear Fayetteville
51-05 Princeton II Quarry Johnston Neuse Raleigh
68-06 North Orange Quarry Orange Neuse Raleigh
92-02 Raleigh Quarry Wake Neuse Raleigh
92-03 Crabtree Quarry Wake Neuse Raleigh
92-13 Holl erSprings u Wake Cape Fear Raleigh
98-02 Nevson Quarry Wilson Neuse Raleigh
98-13 Elm City Quarry Wilson Tar-Pamlico Raleigh
Dear Ms. Hoerle:
Your request to have the corporate name changed on the above referenced mining permits from Hanson
Aggregates Southeast LLC to Heidelberg Materials Southeast Agg LLC is hereby approved. As we have received
the required surety in an amount sufficient to cover these operations, I am enclosing updated mining permits. The
permit number,expiration date and mine name shall remain the same as before this corporate name change.
Please attach this approval letter to your existing mining permit(s)for future reference. Please review the cover
sheets carefully and notify this office of any objections,questions or corrections that may need to be addressed.
North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources
512 North Salisbury Street 1 1612 Mall Service Center I Raleigh,North Carolina 276 9 9-1612
naui�w+rn irvn
awmmam im.w^,,.^eiw^\ r 919.707.9200
Certified Mail
7022 0410 0003 1130 6833
Ms. Hoerle
Page 2
Thank you for your cooperation in this matter. If you should have any questions,please contact Adam Parr PE,
Assistant State Mining Engineer,at(919)707-9220.
Since ,
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Bill Denton,PE—DEMLR,Raleigh Regional Office
Ms.Tamera Eplin, PE—DEMLR, Winston Salem Regional Office
Mr.Tim LaBounty, PE—DEMLR,Fayetteville Regional Office
Mr.Mike Lawyer—DEMLR, Stormwater Program
Mr.Beau Thomas—DOL,Mine and Quarry Bureau
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
Permission is hereby granted to:
Heidelberg Materials Southeast Agg LLC
North Durham Quarry
Durham County - Permit No. 32-07
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 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.
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
April 21, 1995: This permit has been modified to change the corporate name from Nell L Teer
Company to Benchmark Carolina Aggregates Inc.
March 21, 1999: This permit has been modified to change the corporate name from
Benchmark Carolina Aggregates Inc. to Hanson Aggregates Carolina Inc.
March 19, 2002: This permit has been modified to change the corporate name from Hanson
Aggregates Carolina Inc. to Hanson Aggregates Southeast Inc.
June 4, 2008: This permit has been modified to increase the permitted acreage to 244.82
acres and the affected acreage at this site to 126.88 acres as indicated on the Renewal Mining
and Erosion Control Plan Map dated May 2008 because of better mapping.
Page 3
October 26, 2009: This permit has been modified to change the corporate name from Hanson
Aggregates Southeast, Inc. to Hanson Aggregates Southeast, LLC.
December 1. 2017: This permit has been issued for the life of site or the duration of the lease
term.
June 28, 2023: This permit has been modified to change the corporate name from Hanson
Aggregates Southeast LLC to Heidelberg Materials Southeast Agg LLC.
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 GS 74-51 and GS 74-52
still apply for new, transferred and modified mining permits.
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
permitting requirements and rules promulgated by the N.C. Environmental
Management Commission.
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
Division of Water Quality 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 its junction with
Macon Road to the office/scale house. 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
Page 4
A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands
shall be in accordance with the requirements and regulations promulgated and
enforced by the N. C. Environmental Management Commission.
B. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
affected land and any adjoining waterway or wetland to prevent sedimentation of
that waterway or wetland from erosion of the affected land and to preserve the
integrity of the natural watercourse or wetland.
C. All buffer zones shown on the Renewal Mining and Erosion Control Plan Map
dated May 2008 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
provided in the initial stages of any land disturbance and maintained to prevent
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on Renewal
Mining and Erosion Control Plan Map dated May 2008 and supplemental
information received by the Land Quality Section on February 26, 2008 and May
5, 2008.
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
A. The observation wells denoted on the Renewal Mining and Erosion Control Plan
Map dated May 2008 shall be monitored at least 30 days prior to initiating any
excavations of consolidated material (rock) in the initial pit area to allow for the
determination of pre-existing (static) groundwater levels.
B. The observation wells shall be drilled wells cased into consolidated rock and
grouted to the surface. The wells (boreholes) shall be extended at least 50 feet
below static water level, or at least 50 feet into unweathered rock, whichever is
deeper. The wells shall be secured against unauthorized entry with a lockable
Page 5
cap. The necessary permits or approvals to construct these wells shall be
obtained from the N.C. Division of Water Quality.
C. The observation wells shall be monitored once per week at the same day and
approximate time of day. The static water levels shall be measured with an
accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a
record of the water levels maintained. The weekly precipitation and the volume
of pit water discharge shall also be recorded. Copies of these records shall be
provided to the Department on or about the end of each quarter. Static water
level monitoring frequency may be increased or decreased 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 the perimeter of any pit expansion conducted after
April 27, 1998 shall be graded to a minimum 2 horizontal to 1 vertical or flatter
and shall be stabilized within 60 days of completion. Furthermore, a minimum
ten (10) foot wide horizontal safety bench shall be provided at the top of the rock
and at the toe of any overburden slope constructed after April 27, 1998.
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:
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
Page 6
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
10.0 10.0
v
di
A
V
0
2.0 2 inisee 2.0
1.5
c� '
C
a .9 's ;9
0.75 inlsee ;
�
0.1'
0.6 i
0.5
r 0.$
i 0.5
0.4 0.4
0.3 0.3
� r r
0.2 i 1 4-2
m � ,
2 r
I
r
0.1 '
1 4 10 20 30 700
Blast Vibration Frequency, Hz
Figure 1 Altemative blasting level crrtena
(Source modified from figure B-1. Bureau of Mines R1,85071)
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= (D/DS)2 Ds = D
W1i2
V= 160(DS)-1.6
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
Page 7
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.
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
formulas:
U = 82 (D/WO.33)-1.2
To convert U (psi) to P (dBL):
P = 20 x log (U/2.9x10-9)
Confined Air blast/Overpressure (dBL)
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).
Page 8
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.
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
the blast. Records shall be maintained at the permittee's mine office and copies
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
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.
G. Flyrock Prevention:
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.
H. Flyrock Reporting:
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:
1. A thorough investigation as to the cause(s) of the incident shall be
conducted.
2. 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
Page 9
the approval of the Department before blasting may resume at the mine
site.
I. Studies:
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 exceedence 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 Land Quality Section Regional Office 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 after
April 27, 1998.
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
Renewal Mining and Erosion Control Plan Map dated May 2008. 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. As a minimum, white pines having a minimum height of four feet
shall be planted on a six foot by six foot staggered spacing.
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
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 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
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
13. Annual Reclamation Report
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.
Page 11
14. Bonding
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.
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
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 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 D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated according to the Revegetation Plan
approved by Mr. James Izzell, Geologist with Carolina Geological Services Inc. dated
February 22, 2008.
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
This permit, issued February 5, 1988, modified April 21, 1995, renewed March 26, 1998
and modified March 21, 1999, March 19, 2002, and June 4, 2008, and modified October
16, 2009 and December 1, 2017, is hereby modified this 28t" day of June, 2023
pursuant to G.S. 74-52.
By:
Douglas R. Ansel, Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality