HomeMy WebLinkAbout20230628_Modification_43-01 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.
Sincere ,
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
Page 2
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 laws, rules and regulations
Permission is hereby granted to:
Heidelberg Materials Southeast Agg LLC
Senter Mine
Harnett County- Permit No. 43-01
for the operation of a
Sand and Gravel 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 3
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
January 19. 1989: This permit has been modified to include two additional tracts totalling67.16
acres as indicated on the mine map dated September 15, 1988 and revised November 1,
1988.
March 3, 1989: This permit has been modified to include the 77 acre tract denoted on the site
map dated February 14, 1989 and revised February 22, 1989.
January 31, 1990: This permit has been modified to include the 246 acre tract and the erosion
and sediment control measures as denoted on the Proposed Erosion and Sedimentation
Control Measures and Highway Turnout Detail-Tart Property Map dated July 12, 1989 and
received by the Land Quality Section on January4, 1990.
Page 4
October 10, 1991: This permit has been modified to include the Remedial Action Plan dated
August 12, 1991 and the Cross Sections of Tailings Pond Dikes dated August 1991 with
stipulations.
November 17, 1993: This permit has been modified to allow mining activities on the tracts
south of SR 2021, to expand the ten year pit limits and to update sediment and erosion control
measures as indicated on the following Mine Maps and Detail Sheets: Sheet 9 of 15 dated
November 1991; Sheets 1, 2a, 2b(2). 3, 10 and 11 of 15 dated November 1992; Sheets 5, 7
and 12-15 of 15 dated November 1992 and revised March 1993: Sheets 4, 6, and 8 of 15dated
November 1992 and revised September 1993 with stipulations. Also, this permit has been
modified to allow land-application of sludge within the permitted boundaries in accordance with
the rules and regulations promulgated and enforced by the Environmental Management
Commission.
November 7, 1996: This reclamation plan of this permit has been modified to establish a
wetland habitat for portions of the settling basins as final reclamation for the areas described
on the mine map and letter dated October 28, 1996 and received by the LAND Quality Section
on October 29, 1996.
May 12, 1998: This permit has been modified to increase the affected acreage to 837.5 acres
and the permitted acreage to 2520.0 acres. The modification includes a change in the
direction of mining activities from north to south to east to west, the addition of2.2acres to be
mined, and the addition of 253.4 acres of pre-law land to the permitted area (as buffer land), as
indicated on the mine map that replaces Sheet 4 of 15 dated March 1998 and the 1998 Permit
Modification Map dated March 1998.
June 5, 1995: This permit has been modified to change the cover page of the permit to include
the operation of sand and gravel mine.
May 21, 1999: This permit has been modified to change the corporate name from Becker
Minerals, Inc. to Hanson Aggregates Becker, Inc.
August 8, 2000: This permit has been modified to increase the permitted acreage to 3199.3
acres and the affected acreage to 2429.6 acres. The modification includes a modification of
the total affected acreage at the and includes the associated sediment and erosion control
measures on the Permit Modification Map dated June 2000, the Weeks Property Maps and
Reclamation Plans, Sheets 1 and 2 of each, dated April 2, 2000 and the Wicker Property
Permit Map and Reclamation Plan, dated April 25, 2000.
February 14. 2001: This permit has been modified to change the corporate name from
Hanson Aggregates Becker, Inc. to Hanson Aggregates Southeast, Inc.
December 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.
Page 5
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 Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact the
Stormwater Program to secure any necessary stormwater permits or other
approval documents.
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 (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.
B. 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.
C. Buffers shall be maintained as indicated on the Permit Renewal Mine Maps,
Sheets 1 through 18, dated December 2014.
4. A. Adequate mechanical barriers including but not limited to diversions, earthen
dikes, sediment check dams, sediment retarding structures, rip rap pits, or
ditches shall be provided in the initial stages of any land disturbance and
Page 6
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 drainage from the affected areas around the mine excavations shall be
diverted internal to said excavations or into existing sediment control measures.
C. Mining activities shall occur as indicated on the Permit Renewal Mine Maps,
Sheets 1 through 18, dated December 2014 and the supplemental information
received by the Land Quality Section on February 27, 2014 and January 23,
2015.
5. All mine permit boundaries (3199.3 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 sedimentation, 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. Existing vegetation or vegetated earthen berms shall be maintained between the mine
and public thoroughfares whenever practical to screen the operation from the public.
9. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any
excavation and any mining permit boundary to protect adjacent property.
B. Buffers shall be maintained as indicated on the Permit Renewal Mine Maps,
Sheets 1 through 18, dated December 2014.
10. 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.
Page 7
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 permit boundary,
the following information must be provided to and approved by the Division of
Energy, Mineral and 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.
11. 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.
12. The operator shall notify the Department in writing of the desire to delete, modify or
otherwise change any part of the mining, reclamation, or erosion/sediment control plan
contained in the approved application for a mining permit or any approved revision to it.
Approval to implement such changes must be obtained from the Department prior to on-
site implementation of the revisions.
13. 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.
14. 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 8
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 restore the mine excavation to a lake area, to dewater and stabilize above
ground tailings ponds, and to grade and revegetate the adjacent disturbed areas.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
A. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
Page 9
B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1
vertical or flatter.
C. A minimum 50 foot wide vegetated strip of area shall be provided between any
lake areas.
D. Overburden piles (windrows) shall be leveled so that the piles will be covered by
water or will provide leveled wetlands.
E. Any areas used for wastepiles, screening, stockpiling or other processing shall
be leveled and smoothed.
F. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Condition Nos. 10A
through D.
G. The affected land shall be graded to prevent the collection of noxious or foul
water.
H. Sediment basins shall be backfilled and stabilized.
I. Above ground tailings/slimes retained by a dike or dam shall be permanently
drained, stabilized and rehabilitated into pasture land, forest land or a viable
wetland acceptable to the North Carolina Wildlife Resources Commission and
Department of Environment and Natural Resources Division of Energy, Mineral
and Land Resources and Division of Water Resources.
3. Revegetation Plan:
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs/Acre
February 15-April 1 Kobe Lespedeza 10
Bahiagrass 50
Redtop 1
Winter rye (grain) 15
April 1- July 31 Common Bermuda 50
August 1- October Lespedeza (unscarified) 30
German millet 40
October 25- February 15 Rye (grain-temporary) 120
Page 10
Soil Amendments
Lime - 2000 Ibs/acre or follow recommendations from a soil test.
Fertilizer- 1000 Ibs/acre 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 Ibs/acre 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:
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.
This permit, issued July 20, 1972, modified July 3, 1979, renewed June 24, 1982,
modified January 19, 1989, March 3, 1989, January 31, 1990 and October 10, 1991,
renewed and modified November 17, 1993, modified November 7, 1996, May 12, 1998,
June 5, 1998, May 21, 1999, August 8, 2000 and February 14, 2001, renewed January
2, 2004, modified October 26, 2009, renewed March 4, 2015, and modified December
1, 2017 is hereby modified this 28th day of June 2023 pursuant to GS 74-52.
By: `�`�/� /*ot,
Douglas R. Ansel, Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality