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HomeMy WebLinkAbout20240719_DRAFT_59-35-signed PM V ROY COOPER Governor ELIZABETH S.BISER qW Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality July 19,2024 Certified Mail Return Receipt Requested 7022 0410 0003 1066 7201 Mr.Melton Valentine III Havelock Drugstore,LLC 414 N.Main Street Tarboro,NC 27886 RE: Havelock Drugstore Mine- Mining Permit No. DRAFT Martin County-Roanoke River Basin Dear Mr. Valentine: Your application for a mining permit for the above referenced mine site has been approved but the permit shall not be issued until the Department has received the required bond or security pursuant to N.C.G.S.§74-51(h). Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is$107,100.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit,i.e.,Havelock Drugstore,LLC. In addition to one of these alternatives you may,upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet and contact this office should you have any objections or questions concerning the permit conditions. N.C.G.S. §74-51 provides that the operator has sixty (60)days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining activities are authorized until the permit has been issued. N.C.G.S. §74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. Please contact Corey Clayton,Assistant State Mining Specialist,at(919)707-9228 if you have any questions. Sincerely, Adam Parr, PE State Mining Engineer Enclosures: Draft Permit, Bond Calculation,Bond Forms cc: Mr. Samir Dumpor, PE North Carolina Department of Environmental Quality I DMsion of Energy,Mineral and Land Resources r 512 North Salisbury Street 1 1612 Mail Service Center i Raleigh.North Carolina 27699-1612 919.707.9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other applicable laws,rules,and regulations Permission is hereby granted to: Havelock Drugstore, LLC. Havelock Drugstore Mine Martin County- Permit No.DRAFT for the operation of a Sand 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 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. N.C.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,N.C.G.S. §74-49. II. Issuance and Modifications. N.C.G.S. , 74-52. *July *, 2024: This permit has been * to Havelock Drugstore, LLC., for the operation of a sand mine. Mining activities shall occur as indicated in the application,on the mine maps received February 28,2023, and revisions received August 1, 2023, and June 11, 2024, and in the supplemental information received August 1, 2023, and June 11, 2024. The permitted area is * acres and the area approved to disturb is acres. 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 N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. III. 012erating Conditions. N.C.G.S. §74-51. 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: l. Wastewater and Quarry Dewatering. 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. Page 3 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. During mining operations, water trucks or other means that may be necessary shall be utilized to mitigate dust leaving the permitted area. 3. Buffer Zones. A. Sufficient buffer, as indicated on the mine maps received June 11, 2024, 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. All wetland boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. D. Tree clearing activities shall be avoided during May 15 through August 15 due to the maternal nesting of bat populations. E. Bat houses shall be installed as indicated in the wildlife mitigation plan received August 1, 2023. 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 drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. No dewatering activities shall occur at this site. D. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels,shall occur as indicated in the application,on the mine maps received February 28, 2023, and revisions received August 1, 2023,received June 11,2024,and in the supplemental information received August 1,2023,and June 11, 2024. 5. Permanently Marked Boundaries. A. All mining permit boundaries(571.4 acres)shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. Page 4 B. Before and during site development, limits of disturbance,for any active disturbed areas, as indicated on the Mine Maps received June 11,2024,shall be marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 6. Graded Slopes and Fills. 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. 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 No blasting activities shall occur at this site. 9. Visual Screening. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 10. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer, as indicated on the mine maps received June 11, 2024, shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 11. 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 N.C.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 N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. Page 5 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. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §74-55. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September l of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. The operator shall notify the Department in writing of the desire to delete,modify or otherwise change any part of the mining,reclamation,or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. VI. Bonding. N.C.G.S. 74-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a$*.00*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. N.C.G.S. §70. 1. Minimum Requirements. 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 b VIII. Approved Reclamation Plan. N.C.G.S. 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 N.C.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 restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. ii. The side slopes to the lake excavation 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. iii. Any areas used for waste piles,screening,stockpiling,or other processing shall be leveled and smoothed. iv. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. III.I LA through III.I I.D. V. The affected land shall be graded to prevent the collection of noxious or foul water. Page 7 3. Revegetation Plan. After site preparation,all disturbed land areas shall be revegetated as per the Revegetation Plan on sheet C10 of the mine maps received August 1, 2023. Perimeter berms shall include a seed mix that includes milkweed as indicated in the wildlife mitigation plan received August 1,2023. 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. IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52. This permit issued is hereby * to Havelock Drugstore, LLC. this *th day of August, 2024 pursuant to N.C.G.S. §74-51. By: Adam Parr,PE, State Mining Engineer Division of Energy,Mineral,and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 15013-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.ne.gov/hearings-division/filingthearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the permittee in accordance with NCGS 150B-23(a). Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at hLps://www.oah.naeov/hearings-division/hearinpprocess/filing-contested-case. Please contact the Office of Administrative Hearings at(984) 236-1850 or oah.postmaster(a),oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process.