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HomeMy WebLinkAbout65-01_1 NORTH CAROLIN/7"�' Department of Emillimmiental Ouallity - - - - - North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED 'MINE,) 1. MINE NAME Castle l-layne Quarry 2. MINING PERMIT 4 65-01 3. OPERATOR Martin Merritta 4. COUNTY New Hanover 5. ADDRESS: P.O. Box 30013 Raleigh NC 27622-0013 6. PERMIT EXPIRATION DATE 4/29/2023 7. RIVER BASIN_Cape Fear 8. Person(s) contacted at site Steve Whit,Nuwan Wijesuriya, Fred 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ❑ No 11. Date last inspected: 12. Any mining since last inspection? ❑ Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No If no,explain: . 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes ❑No If yes, describe the type and severity of the damage: See comments. 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: Continue to monitor the discharge from dewatering activities. Options to reduce turbidity were discussed and will be taken under consideration by MMA. Water samples were not taken at the,_time__of this inspection. Visually, the water appeared turbid, but it is not known if the limits had been exceeded at the time of the inspection. 18. Is the Annual Reclamation Report+/- map accurate? ® Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ® Yes ❑ No Proposed date To be determined 20. No. of additional pages of Inspection Report 0. 21 Copy of Report seat to operator 3/12/2014 <�"'U6 1'k� INSPECTED BY: Carol Miller &Jean Conway DATE_3I7/2014 Telephone No: 910 7967313 CC: Operator, Specialist, File ROY COOPER r„rPr,rr,r � MICHAEL S. REGAIN �r•r,-e,r,rr - _ —_ _- - -- - — - - ------- - - - - - - --WII:LIfCM-E-VINSON, Jr— Energy.Mineral b„erim l hrecwr and Land Resources August 20r 201$ ENVIRONMENTAL QUALITY Mr. Phillip N. Pressley, PE Martin Marietta Materials Inc. PO Box 30013 Raleigh, North Carolina 27622 RE: Permit No. 65-01 Castle Hayne Quarry New Hanover County Cape Fear River Basin Dear Mr. Pressley: Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the affected acreage at this site to 911.5 acres as indicated on the Mine Map last revised July 2018. The modification includes extension of the rail line, extension of the processing area and addition of an access road to Holly Shelter Road. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971 . The mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4D, 13 and 14. The issuance of a mining permit and/or any modification to it does not supersede local Znninrl rant tlafinnc Thin racnnncihilihi of rmm�li�nro with �n�r �nnlir�hlo 7nninn rani dnfinnc ._ .....y .—I—I.—------ ..Nam,.. .N.� .� ,,. ..,�I Ih..��.I— .."11 —l7 uh l,. � .. .� «r.� ry r r lies with you. As a reminder, your permitted acreage at this site is 1575 acres and the amount of land you are approved to disturb is 911.5 acres. Please review the modified permit and contact Judy Wehner, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely David Miller, PE State Mining Engineer DM/jw Enclosures cc: Mr. Dan Sams, PE Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures Sta%-,of Norlh C2rntinn E F.nvirnnmrntal(lnality I I nrrnv L Iin ra#and 1 and 12rc.uirrrc 1612 Mail Scrvica Ccntcr 1512 N. Salisbury St. I Raleigh,NC 27699 9197079220 s -- DEPARTMENT OF ENVIRONMENTAL-QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES 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: Martin Marietta Materials Inc. Castle Hayne Quarry New Hanover County - Permit No. 65-01 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 cnnfnrmitv-with the-nnnrnvr r ari-Reclamatinn-Plan-attarhari-tn-anri-in r-•rnrnnratPri-as-nart-of-thiS- --..._....._� ..._.. _..- - _ __ �.. _ __ r_ _ -- -- - -. _..._ 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 Wnuim%inr rmmnlnfnr4 norfnrrrtnnro of thin nnnrnvor4 I?crl�mnfinn Plann is n connrnhin obligation, secured by the bond or other security on file with the Department, and may survive the revocation or suspension of this permit. I Ills pellllll Is IIVI UQIIJI GIQUIG by L{IG pGr11111EGG YVIEII IIIG IVIIV VY IIIg eA4Gl-JUUII. II aIlU LI1Gl 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. March_13, 1981: This permit has been modified to include approximately 184 acres north of the Ideal Cement spur of the Seaboard Coastline, east of the proposed right-of-way of Interstate 40 and south of SR 1002. April 24, 1991: This permit has been modified to include the requirements and conditions of Mining Permit No. 65-03. Page 3 September 20, 2002: This permit has been modified to increase the affected area at the site to 900.8 acres as indicated on the Mine Maps (Sheets 1 - 3 of 5) last revised August 12, 2002, ---------The-mod ification-includes the construction-of-the Future Castle-Havne-Rail-Yard-,-includinq_-its various features and its associated erosion and sedimentation control measures. The modification also includes the future expansion of the pit area along the western and northern pit boundaries, resulting in the reduction of the 200 foot unexcavated buffer to a 100 foot unexcavated buffer in these areas. November 4, 2002: This permit has been modified to revise Operating Condition No. 3C to allow a 100-foot unexcavated buffer along the western and northern portions of the existing ` exr:avafinn nPr the gnnrnvPrJ mina mnncz December 18, 2002: This permit has been modified to revise Reclamation Condition No. 2C to eliminate the use of Pit No. 4 as sludge and sand disposal by Occidental Chemical and to allow Pit No. 4 to be used as wash-water operations at the site. December 6, 2005: This permit has been modified to allow excess baghouse fine materials, generated from the APAC of Wilmington facility, to be stored on-site as indicated on the Solid Waste Disposal Location aerial photograph dated October 10, 2005 and stored according the specifications outlined in the cover letter dated October 6, 2005. The storage of said baghouse fines material shall be for a limited timeframe of approximately six (6) months from the issuance of this modification. If a longer timeframe is required for storage of this material, Martin Marietta Aggregates must request an extension in writing. January 8, 2007: This permit has been modified to increase the affected acreage at this site to 904.6 acres as indicated on the Mine Map last revised November 20, 2006. The modification includes the addition of 3.8 acres for Processing/Haul Roads for a portable plant. July 15, 2013: This permit has been modified to change the corporate name from Martin Marietta Aggregates to Martin Marietta Materials Inc. December 1, 2017: This permit has been issued for the life of site or the duration of the lease term. August 20, 2018: This permit has been modified to increase the affected acreage at this site to 911.5 acres as indicated on the Mine Map last revised July 2018. The modification includes extension of the rail line, extension of the processing area and addition of an access road to Holly Shelter Road. 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: Page 4 OPERATING CONDITIONS: 1. 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. B. Any storm water 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 storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. I 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. C. All buffer zones shown on the Mine Man last revised July 2018 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. D. Any necessary permits required from the Division of Water Quality regarding the disturbance of 0.12 acres of jurisdictional wetlands and 0.48 acres of isolated wetlands shall be obtained prior to any land disturbing activities in these areas. Page 5 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, 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 area around the mine excavation shall be diverted internal to said excavation. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised March 21, 2013 and the supplemental information received by the Land Quality Section on October 4, 2012 and March 22, 2013, D. All mining activities associated with the rail line and processing area extensions and new access road, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised July 2018 and supplemental information received June 29, 2018 and July 26, 2018 E. 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 areater 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 nrnvirierl with rime jnrirnvPr rlavir-ec nr ctri w4i iiree ci ifFirrinn+ to restrain such erosion. Page 6 B. Overburden cut slopes along the perimeter of any pit expansion conducted after April 24, 1991 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 April 24, 1991. 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. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration with Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 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. 2.0 10 >C sw�O •r y T .a L f9 ,r •,.t ,,. J �F�r� � .� ` � i •t{\ �' try+�, ; .. l H{ h,• n. `1°4 � BIasC Vitiratron-'Fr�quenc c Hz ', F: M rFxrgure [7 JdltGmatrve blastrrq !e[ e! criteria N (S �rce moGit,ed from ur p ')�urec`r`u�o f rlrfri-re..s R,� �� Page 7 B. Ground Vibration without Monitorin : --In the-event of seismograph malfunction or other condition-which-prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DIDs)2 Ds = D Wv2 V = 160(Ds)" 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. C. 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 Max Level, Measurinq System, in Hz in 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 D. Air Blast without Monitorina: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following fnrmi ilac U = 82 (DIVVO.33)-1.2 To 1 1--;% +- D IAOI 1- e u t V11vc<< v lVOI) w I �uuiJ. Page 8 P = 20 x log (U12.9x10-9) - -Confined Air-blast/Overpressure--(dBL-) - ----- --- -- - - -for quarry situation: A = P - 35 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. E. Record Keeping The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes, type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole, blast location; distance from blast to closest offsite regularly occupied structure; and 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. F. Excessive Ground Vibration/Air Blast ReportiDcL 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. G. 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. Page 9 H. 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: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. 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 JIl4. I. Studies: T4... ...a.. ,.L..-.ii ;A.. a., a4.,. h.. i.-... .-.a ..�a4... C; .J� ..� I Iie operator s lall provide o Llle Uepartment a copy o UIC IIndings of any seismic studies conducted at the mine site in response to an exceedence 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. J. 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. 9. High Wall,Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope created after April 24, 1991. 10. 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. Page 10 B. 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— - - - -- — - - --- - 11. Plan Modification 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to nn_cifn imnlamcn}�}inn of}ha raxricinnc VI! VlL... II II'../IVIIIVIIL[..11Vll VI ll[V [V [V[V[[V. 12. 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): 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 prior 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; Page 11 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 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: 1 Annrnnrintg nimlity rnntrnl mRaSIirPS -,hall hp taken when the iiSPrf . 'rr• -r••--- -1_-.._1 - --- concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. 13. Annual Reclamation Report and Annual Operating Fee Submittal An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 14. Bonding he 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. 15. Archaeological Resources 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 12 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. Pro�isiviii5 for safety tG persons and to adjoiiiiitg propeiiy iiiust be prv+rided 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 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. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 13 A. 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 msure-s ope stability:- " " " B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. Pit No. 1 is currently being used by Occidental Chemical as sludge disposal and shall remain active under this permit until such time as the Department approves its permanent stabilization. D. Pit No. 4 is currently being used by the permittee as part of the wash water operations and shall remain active under this permit until such time as the Department approves its permanent stabilization. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12-A. through E. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan approved by Mr. Nuwan Wijesuriya of Martin Marietta Materials on October 2, 2012. 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 I ]it[IF g. Page 14 This permit, issued July 20, 1972, renewed and modified March 13, 1981 , modified -- --� April 24,-1991;renewed August-14,1992, renewed-and-modified-September 20-2092,--- modified December 18, 2002, December 6, 2005 and January 8, 2007, renewed April 29, 2013 and modified July 15, 2013 and December 1, 2017, is hereby modified this 20t1 day of August, 2018 pursuant to G.S. 74-52. By: _A,_-� William E. Vinson, Jr. Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality Boyer, Janet U5--°1 From: Boyer, Janet Sent: Monday, April 18, 2016 10:31 AM To: 'Nuwan Wijesuriya' Subject: RE: Castle Hayne Quarry I agree. Please make the correction to the map during the next permit action (modification/renewal) thanks Janet S Boyer, PE, CPM State Mining Engineer Division of Energy, Mineral, and Land Resources— Land Quality Section North Carolina Department of Enviromental Quality 919 707 9220 office janet,boyer@ncdenr.gov 512 North Salisbury Street 1612 Mail Service Center Raleigh, NC 27699 --:�---Notfiinq Compres,_,. Email correspondence to and from this address is subject to the North Carolina Fobiic Records Law and may be disclosed to third parties. From: Nuwan Wijesuriya [mailto:Nuwan.Wijesuriya@martinmarietta.com] Sent: Monday, April 18, 2016 9:56 AM To: Boyer,Janet<janet.boyer@ncdenr.gov> Subject: Castle Hayne Quarry Good morning Janet, rl__ _I._ L_._ .__meeting it .___ _._ x._._:I n1 t_ _I'___.__whether .__ .__._.__:t mod'L:__a'_._ ...__ ___J_J C_._ /`__�I_ II_..__ i ndnres ror rheeung with rile on April x� w -discuss wrieurer a permit nwdrh�duun wds needed Wr LdMue rldyhe �udiry. As we discussed the back entrance road off Holly Shelter Road has been in place for many years and if in fact your regional staff are aware since they have been on the road. The minimal area (less than 0.2 acre) of disturbance should be shown as haul road category on the mine map, but I would prefer to wait for a major permit modification before revising the map since this area is stabilized as we agreed. it you would please respond to this email it you are in agreement. Thanks for your help. Nuwan M. Wijesuriya NC East Region Sr Environmental Engineer � i 2700 Wycliff Road, Raleigh NC 27607 t. (919)783-4505 m. (919) 649-9143 nuwan.wiiesuriya@martinmarietta.com www.martinmarietta.com z ROY COOPER covernor MICHAEL S. REGAN Seererarr Energy.Mines!& TRACY DAVIS Director LQnQ ltES[JLll-G-�S ENVIRONMENTAL QUALITY December 1, 2017 John J Tiberi Martin Marietta Materials, Inc. PO Box 30013 Raleigh, NC 27622-0013 RE: Mining Permit No. 65-01 Castle Hayne Quarry New Hanover County Dear John J Tiberi: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. if you nave any questions on the above, piease contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at(919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR State of North Carolina I EnvironrrentalQir,+lily I Energy.Mint^Fa!anc3 Land i�esocrrces ,312 N.Salisbury Strect 11b12 Mtoi1 Service Crnwr I Raleigh,North Carolina 27b99 3e 12 019 707 9200 AXPA NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary July 15, 2013 Mr. Brian North, PE Martin Marietta Materials, Inc. 413 S. Chimney Rock Road Greensboro, North Carolina 27409 RE: Mining Permit Nos. 01-02, 01-08, 04-08, 07-57, 13-23, 13-25, 14-07, 18-01, 18-09, 19-20, 23-02, 25-12, 26-51, 29-03, 34-09, 35-08, 36--12, 36-25, 41-04, 41-05, 41-06,41-07, 41-18, 41-23, 42-08, 42-15, 49-01, 51-18, 51-46, 52-07, 53-01, 55-02, 60-01, 60-02, 60-04, 60-09, 62-41, 63-09, 65-01, 67-01, 67-39,68-02, 71-09, 73-01, 74-02, 76-02, 77-21, 79-06, 80-01, 80-02, 90-02, 92-01, 92-11, 92-12, 98-30 and 99-05 Alamance, Anson, Beaufort, Cabarrus, Caldwell, Catawba, Chatham, Cleveland, Craven, Cumberland, Davidson, Forsyth, Franklin, Gaston, Guilford, Halifax, Iredell, Johnston, Jones, Lee, Lincoln, Mecklenburg, Montgomery, Moore, New Hanover, Onslow, Orange, Pender, Person, Pitt, Randolph, Richmond, Rockingham, Rowan, Union, Wake, Wilson, and Yadkin Counties Cape Fear, Yadkin, Tar-Pamlico, Catawba, Broad, Neuse, Roanoke, and White Oak River Basins Dear Mr. North: Your request to have the corporate name changed on the above referenced mining permits from Martin Marietta Aggregates to Martin Marietta Materials,.Inc. is hereby approved. As we have received the required surety in an amount sufficient to cover these operations, I am enclosing new cover sheets for each updated mining permit. 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 mininpermits 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. 102 Mail Service Center, Raleigh, North Carolina 27699-1612-Telephone 919-707-9220/FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: htt :11 ortal.nodenr.or lweb/Ir/land ualit An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110%Post Consumer Paper Mr. North Page Two Thank you for your cooperation in this matter. If you should have any questions,-please contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 707-9220. Sincerely, Janet S. Boyer, PEO State Mining Specialist Land Quality Section JSB/ar Enclosures cc: Mr. Matt Gantt, PE Mr. Brad Cole, PE Mr. Pat McClain, PE Mr. Zahid Khan Ms. Laura Herbert, PE Mr. John Holley, PE Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures File i 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: Martin Marietta Materials, Inc. Castle Hayne Quarry New Hanover County - Permit No. 65-01 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. MINING PERMIT EXPIRATION DATE: April 29, 2023 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, GPM Pat McCrory, Governor Director And 29 201 John E. Skvarla, III, Secretary Mr. Nuwan Wijesuriya Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Permit No. 65-01 Castle Hayne Quarry New Hanover County Cape Fear River Basin Dear Mr. Wijesuriya: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is April 29, 2023. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4C and 12 E and Reclamation Condition No. 3. It was noted during the review that the dewatering ditch from the pit discharge outfall to the river is outside the mine permit boundary. It was determined by Director Tracy Davis that the ditch is regulated under the Sediment Act. As a reminder, your permitted acreage at this site is 1575 acres and the amount of land you are approved to disturb is 904.6 acres. Please review the renewed permit and contact Judy Wehner, Assistant State Mining �narialic+ nt (Q101 7O7-Q77(1 chnllfrl vnll haves anti ntlactinnc r^nnrarninrr +hic mo++or �.,............�. , .... �.. �.� . �.. ..��.. .. .... .-. y.� .. .-.... ... it .1......� .. .— __'I—I III iy Sincerely, Jahet s. Boyer, PE State Mining Specialist Land Quality Section J S B/jw Enclosures cc: Mr. Dan Sams, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612•Telephone 919-707-92201 FAX:919-733.2876 512 North Salisbury Street,Raleigh, North Carolina 27604- Internet: http:/lportal.ncdenr.orgtweb/Irlland-guality Opportunity� em-- n 1-.-...L...... rf)01'D,.,...,,I,.a L 4n01 r)__4 r,.-�....,..,.15- ... An Equal vN�rvl tunny 5 HIIII ISIGLIvC rtt LIVI l cnlpluycl -.w 10 iNcvrvlcv % I v 10 rvaL vvllaul llcl raNcl 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: Martin Marietta Aggregates Castle Hayne Quarry New Hanover County - Permit No. 65-01 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. MINING PERMIT EXPIRATION DATE: April 29, 2023 Page 2 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 oneratnr written nntire of its intent to mndifv revnke or sijonend the nermit 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 March 13, 1981: This permit has been modified to include approximately 184 acres north of the Ideal Cement spur of the Seaboard Coastline, east of the proposed right-of-way of Interstate 40 and south of SR 1002. April 24, 1991: This permit has been modified to include the requirements and conditions of Mining Permit No. 65-03. M Page,3 September 20, 2002: This permit has been modified to increase the affected area at the site to 900.8 acres as indicated on the Mine Maps (Sheets 1 - 3 of 5) last revised August 12, 2002. The modification includes the construction of the Future Castle Hayne Rail Yard, including its various features and its associated erosion and sedimentation control measures. The modification also includes the future expansion of the pit area along the western and northern pit boundaries, resulting in the reduction of the 200 foot unexcavated buffer to a 100 foot unexcavated buffer in these areas. November 4, 2002: This permit has been modified to revise Operating Condition No. 3C to allow a 100-foot unexcavated buffer along the western and northern portions of the existing excavation per the approved mine maps. December 18, 2002: This permit has been modified to revise Reclamation Condition No. 2C to eliminate the use of Pit No. 4 as sludge and sand disposal by Occidental Chemical and to allow Pit No. 4 to be used as wash-water operations at the site. December 6, 2005: This permit has been modified to allow excess baghouse fine materials, generated from the APAC of Wilmington facility, to be stored on-site as indicated on the Solid Waste Disposal Location aerial photograph dated October 10, 2005 and stored according the specifications outlined in the cover letter dated October 6, 2005. The storage of said baghouse fines material shall be for a limited timeframe of approximately six (6) months from the issuance of this modification. If a longer timeframe is required for storage of this material, Martin Marietta Aggregates must request an extension in writing. January 8, 2007: This permit has been modified to increase the affected acreage at this site to 904.6 acres as indicated on the Mine Map last revised November 20, 2006. The modification includes the addition of 3.8 acres for Processing/Haul Roads for a portable plant. Expiration Date This permit shall be effective from the date of its issuance until April 29, 2023. 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. Wastewater and Quar[y D_ewatering 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 4 B. Any storm water 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 Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. 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. C. All buffer zones shown on the Mine Map last revised March 21, 2013 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. D. Any necessary permits required from the Division of Water Quality regarding the disturbance of 0.12 acres of jurisdictional wetlands and 0.48 acres of isolated wetlands shall be obtained prior to any land disturbing activities in these areas. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, 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 area around the mine excavation shall be diverted internal to said excavation. Page, 5 C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised March 21, 2013 and the supplemental information received by the Land Quality Section on October 4, 2012 and March 22, 2013. D. 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 April 24, 1991 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 April 24, 1991. 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 6 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. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operatur iv pievent liazaw, to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure I (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. U u A J 2 1.5 0. i iryty f�' 9 J..5 r.. Q_5 0.4 } 11 1 1 1 1 Vibraftil k"'3 Page 7 B. 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 = (DIDS)2 Ds = D IAIIY2 V V V = 160(DS)-1.6 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. C. Air blast With Monitorin : 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 Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower-flat response 134 peak 20 Hz or 1nwPr-flat rpqnnnsp 133 peak 6.0 Hz or lower-flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (DAN ")-1.2 To convert U (psi) to P (dBL): i Page 8 P = 20 x log (U12.9x10`9) Confined Air blast/Overpressure (dBQ for quarry situation: A = P - 35 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. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and 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. F. Excessive Ground Vibration/Air blast Resorting: If mrnllnrj %rihro3+inn nr Air hlne+ litnifc nrn ovi-mmAmrl fhe nrnorr3+nr weiill immn ;n+oki 1 yI V4.IL.1 vIVi 4L1 VI. VI f ill ✓.uvl Ill.11iu u.V L.ilvl.�.L.I�.L3, Lr. V'JVI"LVI vvlll llllllgl %A{GLC gy 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. G. Elyrock 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. Page 9 H. 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: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document Uie cause(s) of t he 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. I. 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 exceedence 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. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope created after April 24, 2991. 10. 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. Page 10 B. 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. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or r otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 12. 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 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 aenerated 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): 1. on-site generated land clearing debris 2. conveyor belt) 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; Page 11 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 F. Used, clean concrete shall only be allowed on permitted quarry sites that have .^bta,ned a 4fa!,d a'r permit and arcs u'liow'ed t^v operate %rushing vperatlons Iol tl C purposes of recycling and reuse provided that the following conditions are met: L 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. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures, I No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 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. 15. Archaeological Resources 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 12 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: r 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 allow the quarry excavation io fill with water, piuvidt! a �J�[[fldfl�rli UarflGaue (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: z Page 13 A. 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. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. Pit No. 1 is currently being used by Occidental Chemical as sludge disposal and shall remain active under this permit until such time as the Department approves its permanent stabilization. D. Pit No. 4 is currently being used by the permittee as part of the wash water operations and shall remain active under this permit until such time as the Department approves its permanent stabilization. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. G. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12E. H. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan.- Disturbed areas shall be permanently revegetated according to the Revegetation Plan approved by Mr. Nuwan Wijesuriya of Martin Marietta Materials on October 2, 2012. Whenever possible, disturbed areas should be vegetated with native warm season nragsP-, Siir,.h ac gwitr.h nracc Inriian nracc h1i3Pctam and nammn rrracc 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 Casible alter 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. r Page 14 This permit, issued July 20, 1972, renewed and modified March 13, 1981, modified April 24, 1991, renewed August 14, 1992, renewed and modified September 20, 2002, and modified December 18, 2002, December 6, 20b5 and January 8, 2007, is hereby renewed this 29th day of April, 2013 pursuant to G.S. 74-52. By: j�Tracy E. Davis, Director Division f Energy, Mineral and Land Resources ,By Authority of the Secretary Of the Department of Environment and Natural Resources Rodgers, Ashley I I ��I I II IIIII II III�I II It �� ylllll 111 From: Brian North <brian.north @martinmarietta.com> Sent: Tuesday, June 25, 2013 10:46 AM To: Rodgers, Ashley Subject: RE: Additional LEAs needed for Martin Marietta name change Ashley, Thanks for the work on this request. We will provide the revised LEA's back to you ASAP. Also, congratulations on passing the PE !! I know you put in a lot of hard work. Take care. Brian IC, North, PE Division Environmental Manager Martin Marietta Materials, Inc. (336) 389-6616 (Office) (980) 721-1212 (Mobile) From: Rodgers, Ashley [ma i Ito,ash ley.rodgersCa ricdenr.gov] Sent: Friday, June 21, 2013 2:19 PM To: Jay Nivens Cc: Brian North Subject: Additional LEAs needed for Martin Marietta name change Jay, As discussed, i will let this email serve as my request for additional information for the Martin Marietta Materials, Inc. name change. After a file review, the following permits need new Land Entry Agreements to provide the correct applicant name (Martin Marietta Materials, Inc.): 04-08 Pee Dee Quarry 23-02 Kings Mountain Quarry 36-25 Gaston Quarry 60-04 Matthews Quarry 90-02 Bakers Quarry In addition, we are requesting new Land Entry Agreements for the following permits to provide the correct Quarry name: 18-01 Hickory Quarry 68-02 American Stone Quarry Please provide completed, original Land Entry Agreements for each of the mine permits listed above. As always, let me know if you have any questions. Thanks, i Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801-fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 A41MNG CHECKLIST FOR ROUTING AyyhfA&S,NgW. (Y'10 rP 11 ProjedsAme: Ja �1 ,' A)ylk./nrmg No.: 1-1 cAnty. Vo o o Ln S Date RoOnk Rfver Sash[Sam: vo, 1-' 0 14 ❑ New ❑ Remal (blatyald 6affllz) El m4mum (M"YCMH kadfirfa) El, Troaftr 0 Rtk" 0 Partial R&w 0 AAilftomd J#MN&M 0 Fee 14crAti- $ 9-"Fa R=fWk$ 5 0 p6w route cdhr 57hafto tatz to: �9 0, rn$2 0, Li 5 A 0$20 ,.N,q. P- LA. [L.Q yj - 0 r-, .- -4.. Cr JJ AUMN Che&W-to m ar ad&ak W the DWQ*DA(Z!A4WM ApbefiUm Rcvuw ForW to the Aff myr,Rd bA c9ta to the Rr D dZ. Routed hi I 1'3 Rwd 0 DWM o WAkr ROWCO Daft: Routed Rcc'd 0 NC Wfldl Rcswrw Comdolm Date: ROW Reed El Lis Fisk&wMft&rwa Ddf- Routed RWd (only WN Thcaum ma mocaffm mptsts that a w to&ymhft) Please rmk.*3 Mq_tt6_rhmffm ad T kmftm!T to: 0 DKft�PA&RaTedln Date: Radd Rec'd 0 Nc cfolutul S&ITRY secttm Ddl- RaW Rerd 0 Div fM of MOW FiSherta DAk.- Routed Rai 0 DMdo of Sod&WAta Conservation (ybg LW D&.:.'Ro" RWd (omly ww Wk4ftm and w*atim mfw&U AV Lud to the ImW D DWM of ArCktM&HW7 luk: RAdd RWd (my mw 11 odw- Dgtt: RaW ReCd OOSRyeW Date for COWU?ItS-. (w Ider tho 25&pfMM Wr t) ❑ AM ROtg the fob"'. L; ji c cl, � Malrti n Marietta M1 ateria6s Greensboro District 7RE IVF413 S Chimney Rock RoadGreensboro, NC 27409 0 4 201Telephone: (336)668-3253 Fax. (336)668-1092nd Resources May 31, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1670 0000 5792 1231 Mr. Tracy Davis, PE, CPM Director, Division of Energy, Mineral,and Land Resources North Carolina DENR 1601 Mail Service Center Raleigh,NC 27699-1601 Re: Request to Change the Name on Existing Mining Permits Dear Mr. Davis: Thanks for taking the time to meet with Yvonne and me on Monday, May 6, 2013 to discuss the legal ownership name and reclamation blanket bond for all of the North Carolina mining permits that have been issued to Martin Marietta. As we discussed, the company name that has been listed on our mining permit applications in the space for "Name of Applicant" for many years has been Martin Marietta Materials, Inc., though the mining permits have been issued under the name of Martin Marietta Aggregates which is an operating division of Martin Marietta Materials, Inc., but not a separate legal entity or subsidiary. In review of the permits issued for Martin Marietta's quarries, we have determined that all of the previous mining permit renewal applications and the most recent mining permit modification submittals have been requested using the corporate legal name of Martin Marietta Materials, Inc., along with all of the associated Land Entry Agreements that are currently on fife with your Department. Therefore, it is our understanding that the documents currently on file with your office are correct, and it is not necessary to submit additional documentation. The attached Surety Rider reflects a correction to the name of the Principal of the existing Reclamation Blanket Bond from "Martin Marietta Aggregates, a Division of Martin Marietta Materials, Inc., a Subsidiary of Martin Marietta Corporation" to "Martin Marietta Materials, Inc." It is our desire that all existing and future mining permits that are issued by your Department to Martin Marietta be listed with the legal corporate name of Martin MarjeLt" Matarink Inc, Attached is a i.,t of the permits w h._L are affected by this request. A check for $5600 is attached to cover the $100 processing fee for each permitted quarry. If you have any questions or need additional information, please feel free to contact me at(336) 389-6616 or e-mail me at brian.north a martimnarietta.com. Sincerely, TIN MARIETTA MATERIALS, INC. 0 S13rianK. orth, PE Division Environmental Manager LIST OF PERMITS FOR MARTIN MARIETTA MATERIALS, INC. May 2013 Arrowood-60-01 Asheboro-76-02 Bakers-90-02 Belgrade-67-01 Benson-51-18 Bessemer City-36-12 BlackAni le-62-41 Bands-13-23 Burl i ngton-0 1-02 Caldwell-14-07 Castle Hayne-65-01 Central Rock-41-07 Chapel Hill (American Stone)- Charlotte-60-02 Clarks-25-12 68-02 Cumber]and-26-51 Denver-55-02 East Alamance-0 1-08 Fountain-74-02 Franklin-35-08 Fuquay-92-I2 Garner-92-01 Gaston-36-25 Goldston-19-20 Hickory-18-01 Flicone-41-06 High Point-41-18 Jamestown-41-04 Kannapolis-80-01 Kings Mountain-23-02 Lemon Springs-53-01 Maiden-18-09 Mallard Creek-60-09 Matthews-60-04 Onslow-67-39 Pee Dee-04-08 Person-73-01 Pollocksville-52-07 Pomona-41-05 Raleigh-Durham-92-11 Reidsville-79-06 Richmond-77-21 Rocky Point-71-09 Rocky River-l3-25 Salem Stone-34-09 Selma-51-46 Statesville-49-01 Thomasville-29-03 Viewmont-41-23 Vanceboro-07-57 Vass-63-09 Weldon-42-08 Weldon 11-42-15 Wilson-98-30 Woodlea1=80-02 Yadkin-99-05 Land QualityWC Mine Permits for MMM,Inc ep j .. t e � „ ................... 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