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