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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