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HomeMy WebLinkAbout20241016_Transfer_77-15-signed ROY COOPER Governor MARY PENNY KELLEY +na Secretary WILLIAM E.TOBY VINSON,JP NORTH CAROLINA Interim Director Environmental Quality October 16, 2024 Certified Mail Return Receipt Requested 7022 0410 0003 1066 4972 Tom Hudson Hudson Paving, Inc. PO Box 1232 Rockingham,NC 28380 Re: Mining Permit No. 77-15 Hamlet Plant Richmond County Yadkin River Basin Dear Mr.Hudson: Your request to have Mining Permit No. 77-15 transferred in its entirety from your company to FSC II, LLC has been approved. As we have received FSC 11, LLC's required surety in an amount sufficient to cover the present operation,your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your$283,800.00 surety bond (No. 5999806), issued by Westfield Insurance Company, to you for your disposal. Thank you for your cooperation in this matter. Sincerely, Adam Parr, PE State Mining Engineer AP/cc Enclosure: Surety Bond#5999806 cc: Tim LaBounty,PE 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 11612 Mail Service Center I Raleigh,North Carolina 2 769 9-1612 � ��N� 919.707.9200 ��Ahx 4� ROY COOPER , Governer MARY PENNY KELLEY r a Seoetary a `Tj9 WILLIAM E.TOBY VINSON,JP NORTH CAROLINA Interim Director Environmental Quality October 16,2024 Andrew Norton FSC II, LLC 701 Corporate Center Drive, Suite 195 Raleigh,NC 27607 RE: Hamlet Plant Mining Permit No. 77-15 Richmond County Yadkin River Basin Dear Mr.Norton: Your request to have the above referenced mining permit, issued to Hudson Paving, Inc.,has been approved and is transferred in its entirety to you. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. I would like to draw your particular attention to the following conditions where minor additions or changes were made: II1.5.13, As a reminder,your permitted acreage at this site is 115.82 acres and the amount of land you are approved to disturb is 105.13 acres. Again, if you should have any questions on this matter please contact Corey Clayton, Assistant State Mining Specialist, at(919)707-9228. Sincerely, Adam Parr, PE State Mining Engineer AP/cc Enclosures: Mine Permit 77-15 cc: Tim LaBounty, PE Mr. Beau Thomas-DOL,Mine and Quarry Bureau,w/o enclosures DEQ� North Carolina Department of Environmental Quality I Division ofEnergy,Mineral and Land Resources -, 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: FSC II,LLC Hamlet Plant Richmond County-Permit No. 77-15 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. H. Issuance and Modifications. N.C.G.S. §74-52. April 5, 1991:This permit has been modified to include 37.53 acres west of SR 1842 as shown on the mine and tract map submitted by Hudson Paving,Inc.on January 25, 1991.As indicated on Pages 1 and 2 of the mine maps dated January 23, 1991,only 5.5 acres of said tract is to be disturbed. July 22, 1997: This permit has been modified to increase the affected acreage at this site to 42 acres as indicated on the mine map dated May 27, 1997. June 21, 2007: This permit has been modified to increase the permitted acreage to 81.1 acres and the affected acreage at this site to 78.6 acres as indicated on the Site Plan last revised May 2, 2007. This modification includes the 26.09-acre expansion of the mine excavation area to the north and east. December 5, 2007: This permit has been modified to allow the addition of a second asphalt plant located within the existing mine previously approved mine excavation limits as indicated on the Revised Site Plan dated October 2007. August 4, 2009: This permit has been modified to increase the permitted acreage to 81.7 acres and the affected acreage at this site to 78.85 acres as indicated on the Site Plans dated May 2009.This modification includes the addition of 0.58 acres to the western permit boundary for pit expansion and screening berms. December 1.2017: This permit has been issued for the life of site or the duration of the lease term. Page 3 September 6, 2018: This permit has been modified to allow a two-acre area of the previously disturbed mine excavation area to be used as temporary storage of off-site generated materials such as topsoil, fill sand, aggregates, roadway millings, etc., as indicated on the mine maps received July 19, 2018. The modification also includes permanent disposal of suitable beneficial fill at the time of final reclamation. This approval is contingent upon the following: 1) no contaminated materials shall be brought on or disposed of on this site and 2)roadway milling shall not be considered as beneficial fill for use in the final reclamation. January 9, 2024: This permit has been modified to increase the permitted acreage to 115.82 acres and the affected acreage to 105.13 acres as indicated in the application, on the map sealed on December 6, 2023, and additional information received on September 11,2023,October 24,2023,and December 7,2023.The modification includes the addition of 31.79 permitted acres west of the"West Area", of which 27.16 will be excavation. October 16,2024:This permit has been transferred in its entirety from Hudson Paving,Inc.to FSC 11,LLC. The permitted acreage totals 115.82 acres with 105.13 acres approved to be disturbed. 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. Operating 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: 1. Wastewater and Ouarry 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. 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 map sealed on December 6, 2023, 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 4 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. This mining permit does not authorize impacts to any wetlands within the mining permit boundary unless and until the applicant secures the necessary authorizations in accordance with state and federal wetland regulations. C. Tree clearing activities shall be avoided from May 15 through August 15 due to the maternal nesting of bat populations. 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 sealed on December 6, 2023, and the additional information received on September 11,2023,October 24,2023,and December 7,2023. E. Mining activities associated with the two-acre area of the previously disturbed mine excavation area to be used as temporary storage of off-site generated materials, shall be conducted as indicated on the mine maps and the supplemental information both received July 19,2018. 5. Permanently Marked Boundaries. A. All mining permit boundaries (115.82 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps dated/revised/received/sealed December 6, 2023, 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. Page 5 8. Blastiniz 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. A. Sufficient buffer (minimum 30 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. B. A minimum 25-foot undisturbed buffer shall be maintained around the cemetery. Access to said cemetery shall not be obstructed. 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. 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, Page 6 V. verification that a permanent vegetative groundcover will be established. E. Stockpiling of off-site generated uncontaminated materials such as topsoil, fill sand aggregates,roadway millings,etc.,shall occur as indicated on the mine maps received July 19,2018.Only fill material qualifying as Beneficial Fill,as defined in Rule.0562 of Title 15A Subchapter 13B of the North Carolina Administrative Code and as interpreted by the policies of the Division of Waste Management,shall be used to fill the excavation as part of the approved reclamation plan. 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 1 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$283,800.00 surety 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. VIII. Approved Reclamation Plan. N.C.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 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. Page 7 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 regrade and satisfactorily revegetate any disturbed areas. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All final perimeter side slopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. ii. Any settling ponds or sediment basins shall be backfilled and stabilized. iii. Any areas used for waste piles screening,stockpiling,or other processing shall be leveled and smoothed. 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 Condition Nos. III.1 LA through II1.11.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 Permanent Seeding& Mulching Specification included on the mine maps sealed December 6,2023. 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. Page 8 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 May 27, 1988, modified April 5, 1991, renewed and modified July 22, 1997, and June 21, 2007, modified December 5, 2007, and August 4, 2009, renewed September 25, 2017, and modified December 1, 2017, September 6,2018,and January 9,2024, is hereby transferred in its entirety to FSC II, LLC this 16th day of October 2024 pursuant to N.C.G.S. §74-51. By: v ssrea_ 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 15013-23, 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.nc.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 15013-23(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 https://www.oali.nc.gov/hearines-division/hearing_process/filing-contested-case. Please contact the Office of Administrative Hearings at(984)236-1850 or oah.postmaster n oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process.