HomeMy WebLinkAbout20230628_Modification_92-02 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
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 27699-1612
rw.s,Ymno� 919.707.9200
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY,WiERAL 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
Raleigh Quarry
Wake County-Permit No.92-02
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
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 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.
I. Definitions. G.S. §74-49.
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,G.S. §74-49.
II. Issuance and Modification Summary. G.S. §74-51 and , 74-52.
August 15, 1990: This permit has been modified to include an additional 105 acres of land(areas B and C)
as indicated in the modification request and aerial photograph received by the Land Quality Section on
November 3, 1989 on which only the construction of the overburden disposal area shall be conducted as
per the revised Grading Plan dated March 1990 and received by the Land Quality Section on June 20, 1990
with several stipulations.
November 22, 1991: This permit has been modified to allow the on-site remediation of petroleum
contaminated soils as indicated in the information dated September 5, 1991 and in accordance with the rules
and requirements promulgated by the Environmental Management Commission.
November 25, 1992: This permit has been modified to allow the expansion of the existing pit and the
construction of the corresponding sediment and erosion control measures as indicated on the Erosion
Control Plan dated March 1992 and revised August 1992.
May 27, 1994: This permit has been modified to allow the construction of settling ponds as per the plans
received by the Land Quality Section on April 5, 1994.
April 24, 1995: This permit has been modified to change the corporate name from Nello L.Teer Company
to Benchmark Carolina Aggregates,Inc.
Page 3
October 17, 1997: This permit has been modified to increase the affected acreage at the site to 176.5 acres
as indicated on the mine maps and associated sediment and erosion control plans dated August 1997. In
addition, the modification allows the installation of the primary crusher station inside the existing pit
(including the development of shear walls required for the crusher relocation), expansion of the pit area,
development of a new entrance road and interior access roads,construction of new visual barrier berms,a
new plant and process area, and new office/scale house, and the installation of related erosion and
sedimentation control measures as specified by the above referenced plans.
May 21, 1999: This permit has been modified to change the corporate name from Benchmark Carolina
Aggregates,Inc.to Hanson Aggregates Carolina, Inc.
August 21,2001: This permit has been modified to allow the construction of the Borrow Removal/Sludge
Disposal Area as indicated on the mine map dated March 14,2001 and last revised June 8,2001.
November 19, 2004: This permit has been modified to increase the affected acreage at this site to 185.87
acres as indicated on the Mining Plan received by the Land Quality Section on September 30, 2004. The
modification includes the 1.37-acre expansion of the pit limit along the western permit boundary.
October 31,2005: This permit has been modified to increase the affected acreage at this site to 196.7 acres.
The modification includes the addition of 44.7 acres to be affected for future pit area as indicted on the
General Mine Expansion Information Map last revised July 6, 2005, and the supplemental information
submitted by Mr.T.Patrick Shillington,PE of Engineering&Environmental Science Company dated July
6,2005 and October 28,2005. The October 28,2005 supplemental information resulted from a request by
this office that for mining and reclamation purposes pit benching widths in the expansion area be a
minimum of 20 feet.
September 24,2007: This permit has been modified to increase the permitted acreage to 485.96 acres and
the affected acreage at this site to 199.5 acres as indicated on the Mining Plan received by the Land Quality
Section on September 24, 2007. The modification includes the expansion of the permit boundary to the
northeast and the expansion of the visual barrier berm along the northeastern permit boundary and
construction and maintenance of the associated Sediment and erosion control measures. The modification
also includes an adjustment to the total permitted acreage to correspond to the deed acreage obtained from
the Wake County tax records and an adjustment to the location of a sediment basin that was moved uphill
to minimize impacts to existing wetlands.
August 21,2009: This permit has been modified to increase the affected acreage to 223.1 acres as indicated
on the Mining Plan last revised July 1, 2009. This modification includes an expansion of the pit limits to
the north (approximately 21.8 acres additional disturbance) and the addition of a haul road along the pit
boundary in this area(approximately 1.8 acres additional disturbance).
October 26,2009: This permit has been modified to change the corporate name from Hanson Aggregates
Southeast Inc.to Hanson Aggregates Southeast LLC.
May 21,2010: This permit has been modified to increase the affected acreage at this site to 233.9 acres as
indicated on the Mining and Erosion Control Plan last revised April 12,2010. The modification includes
the addition of a new asphalt plant,the addition of a future employee parking lot,and the expansion of the
footprint of the screening berm. The modification also includes the construction and maintenance of all
associated erosion and sediment control measures.
December 1,2017: This permit has been issued for the life of site or the duration of the lease term.
October 21,2019: This permit has been modified to include the expansion along the western pit limit into
the processingthaul road affected acreage to gain a 4 to 1 slope above the top of rock,the clarification of
the quarry depth by ensuring the application and construction details agree, and the rehabilitation of the
Page 4
sedimentation ponds located on the eastern side of the pit and south of the existing eastern plant location as
indicated on the Mine Permit Modification Plans dated August 2019.
June 7, 2021: This permit has been modified to reclassify a 6-acre area for a tenant to install a concrete
plant. The proposed area is located in the northeast corner of the property,just north of the existing tenant
site utilized as an asphalt plant. 6 acres will be removed from the"Other-buffers,wetland,etc."category
and then added to the "Other affected acreage — Asphalt Plant, Concrete Plant, etc." category. This
modification will also reclassify a 50 ft x 440 ft undisturbed buffer as and unexcavated buffer, so that an
entrance road to the proposed tenant concrete plant can be installed between the existing fence line and
existing 25 ft.high berm.
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 G.S. §74-51 and G.S. §74-52 still apply for
new,transferred,and modified mining permits.
III. Operating Conditions. G.S. §74-51.
1. Wastewater and Quarry Dewaterin&
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. Air Quality and Dust Control.
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. The plant entrance road shall be paved from its junction with Capitol Boulevard/US 1 to
the office/scale house.
C. The concrete plant entrance road shall be paved from its junction with Ponderosa Service
Road for 575 feet to the entrance of the concrete plant.
D. 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.
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 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.
Page 5
C. All buffer zones shown on the Mining maps received by the Department April 13, 2021
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,
sediment 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 the Mine Permit
Modification Maps received April 13, 2021 and the supplemental information received
June 17, 2019, September 20, 2019, October 26, 2020, January 19, 2021 and April 14,
2021.
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.
Groundwater monitoring wells shall be installed and monitored 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 November
25, 1992 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 November 25, 1992.
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. 10 and 12 of this permit).
Page 6
The following blasting conditions shall be observed by the mine operator to prevent hazard to
persons and adjacent property from surface blasting:
9. Ground Vibration with Monitoring:
In all blasting operations,the maximum peak particle velocity of any component of ground motion
shall not exceed Figure 9-1(below) at the immediate location of any regularly occupied building
outside of the permitted area such as a dwelling house, church, school, or public, commercial, or
institutional building.
Figure 9-1-Allowable Peak Particle Velocity by Frequency
1'0.4 14.0
C
.s
0
2 intsec 2.0
t
go 1.4
t.0
0. 0.9 QJS In/see 4.9
0
11 i
a.7
C 04 , I
0.5
0.4 I 0,4
4
r 0's 0.3
e . 11 �
0.2
r �
I �
I �
1 4 10 20 30 100
Blastibration Frequency, Hz
Figure I Altemative blasting level criteria
Pourrr a modified from figure B-i. Bureau of Mines R t a;0?)
10. 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)z (EQ. 8.1}
DS=D/W'n (EQ. 8.2)
V= 160(DS)"I'6 (EQ. 8.3)
Page 7
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).
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.
11. 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 Measuring System(Hz) Max Level(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
12. Air blast Without Monitorin&:
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/W0.33)-1.2 (EQ 8.4)
To convert U (psi)to P(dBL):
P=20 x log(U/2.9x10-9) (EQ 8.5)
Confined Air blast/Overpressure(dBL)for quarry situation:
A=P -35 (EQ8.6)
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).
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.
Page 8
13. Record Keeping:
The operator shall maintain records on each individual blast describing:
i. date and time of the blast.
ii. the total number of holes.
iii. pattern of holes and delay of intervals.
iv. depth and size of holes.
V. type and total pounds of explosives.
vi. maximum pounds per delay interval.
vii. amount of stemming and burden for each hole.
viii. blast location.
ix. distance from blast to closest offsite regularly occupied structure.
X. 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.
14. Excessive Ground VibrationWr blast Reportinx
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.
15. 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.
16. 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:
i. A thorough investigation as to the cause(s)of the incident shall be conducted.
ii. 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 the approval of the Department before
blasting may resume at the mine site.
17. 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 exceedance 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.
Page 9
18. Notice:
The operator shall,when requested by the Department,give 24-hour advance notice to the Division
of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for
which notice is requested.
19. High Wall Barrier
Overburden cut slopes along the perimeter of any pit expansion conducted after November 25,
1992 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 November
25, 1992.
20. 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 Mine Maps
received by the Department April 13,2021. 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.
C. 6-foot Emerald Green Arborvitae trees,or the like,will be installed along the existing fence
at 4-foot centers for a distance of 52 feet starting at Ponderosa Service Road and stopping
at the point where existing trees screen any activity as seen on Mine Maps received April
13,2021.
D. If for any reason,one or more trees owned by the permittee or the adjoining property owner
are removed in the area along the concrete entrance road, the permittee will replace the
screening gap with evergreen trees as soon as practical.
21. 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 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 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 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):
i. on-site generated land clearing debris.
ii. conveyor belts.
Page 10
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. 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 prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
ii. a list of refuse items to be disposed.
iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table;and,
V. verification that a permanent vegetative groundcover will be established.
E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a
valid air permit and are allowed to operate crushing operations for the purposes of recycling
and reuse provided that the following conditions are met:
i. Appropriate quality control measures shall be taken when the used concrete arrives
onsite to ensure that all such concrete processed onsite is clean,inert material.
ii. Used,clean concrete shall be temporarily stockpiled and processed within existing
approved affected areas draining to existing approved erosion and sedimentation
control measures.
iii. No used,clean concrete material shall be permanently disposed of onsite.
iv. Any foreign material that may be found within the used concrete must be separated
from the concrete and properly recycled or disposed off-site.
IV. Annual Reclamation Report and Annual Operating Fee Submittal. G.S. §74-55.
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.
V. Prior Approval Required for Plan Modification. G.S.
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.
VI. Bonding. G.S. ,74-54.
The security, which was posted pursuant to 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.
VII. Archaeological Resources. G.S. §70-3.
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.
Page 11
B. Pursuant to G.S. §70-3, "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.
VIII. Approved Reclamation Plan. G.S. §74-53.
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.
To comply with G.S. §74-53 the approved plan will provide:
1. Minimum Standards.
A. 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.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. 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.
D. 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.
E. 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.
F. 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.
2. Reclamation Conditions.
A. 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.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. 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.
ii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iii. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
Page 12
iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
V. No contaminants shall be permanently disposed of at the mine site. On-site
disposal of waste shall be in accordance with Operating Conditions Nos. III.21.A
through III.21.D.
vi. 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 Revegetation Plan
submitted with the 2020 Modification Mine Map on April 13,2021 or the following:
Permanent Seeding Specifications
Dates Species Rate, Lbs./Acre
February 15-April I 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
Soil Amendments
Lime 2000 lbs./acre or follow recommendations from a soil test.
Fertilizer 1000 lbs./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
lbs./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.
Page 13
IX. Issuance and Modification Summary. G.S. §74-51 and §74-52.
This permit, issued April 9, 1972, renewed April 9, 1982, modified August 15, 1990 and November 22,
1991, renewed and modified November 25, 1992, modified May 27, 1994, April 21, 1995, October 17,
1997, May 21, 1999 and August 21, 2001, renewed January 10, 2003, modified November 19, 2004,
October 31, 2005, September 24, 2007, August 21, 2009, October 26, 2009 and May 21, 2010, renewed
March 8, 2013,and modified December 1, 2017, October 21, 2019, and June 7, 2021 is hereby modified
this 28th day of June,2023 pursuant to G.S. §74-52.
By: 70-a-$� low
o'Pe'
i
Douglas R.Ansel,Interim Director
Division of Energy,Mineral,and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality