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HomeMy WebLinkAbout20230628_Modification_41-21 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. Sincerely, 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 ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES 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 PG Farm Mine Guilford County— Permit No. 41-21 for the operation of a Clay Mine Which shall provide that the usefulness, productivity, and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the 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 the 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 Whenever 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 October 17, 2003: This permit has been modified to change the corporate name from Boren Clay Products to Hanson Brick East, LLC DBA Hanson Brick. April 18, 2016: This permit has been transferred in its entirety from Hanson Brick East LLC DBA Hanson Brick 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. Page 3 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. 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 Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (75 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. Page 4 B. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the Mine Details Map last revised March 17, 2016 and the supplemental information received on September 24, 2009, February 5, 20101 June 7, 2010 and March 18, 2016. C. Basins 7 and 15 shall not be installed until their construction has been approved by the NC Division of Water Quality. A copy of said approval shall be provided to the Division of Energy, Mineral and Land Resources' Central Office and Winston- Salem Regional Office prior to initiating land disturbing activities in these areas. D. Silt fence or other acceptable measures shall be extended above the culvert at the stream crossing to prevent sedimentation into the stream until the slopes have been stabilized. A permanent ground cover shall be provided at the stream crossing within 15 working days of completion of the crossing. E. The culvert at the stream crossing shall be installed and maintained in such a manner as to allow for fish passage. Generally, this means that the bottom of the pipe shall be buried a minimum of 12 inches below the natural stream bed to allow sufficient water depth in the culvert to accommodate fish movement. Furthermore, rip rap or brickbats shall not be placed in the streambed. 5. All affected area boundaries (292.31 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Details Map last revised March 17, 2016. 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. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. Page 5 B. Buffers shall be maintained as indicated on the Mine Details Map last revised March 17, 2016. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 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 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 boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources grior 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. 12. 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 6 13. 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. 14. 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 required for this site, 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. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 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 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 leave two lake areas and satisfactorily regrade and satisfactorily revegetate any remaining disturbed areas as indicated on the Mine Reclamation Map last revised June 2, 2010. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: Page 8 A. Lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavations shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. All the remaining final perimeter sideslopes shall be graded to a 2 horizontal to 1 vertical or flatter slope. D. Any settling ponds or sediment basins shall be backfilled and stabilized. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition 11A through D. H. 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 Vegetative Plan on the Mine Reclamation Map, Sheet 4 of 4, last revised June 2, 2010. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 9 This permit, issued to Hanson Brick East LLC DBA Hanson Brick January 5, 2000, modified October 17, 2003 and renewed July 9, 2010, transferred April 18, 2016, and modified December 1, 2017, is hereby modified this 28th 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