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HomeMy WebLinkAbout20210302_NCWRC_53-04_Sanford_MineU North Carolina Wildlife Resources Commission U Cameron Ingram, Executive Director MEMORANDUM TO: Brenda M. Harris Mining Program Secretary Land Quality Section FROM: Gabriela Garrison Eastern Piedmont Coordinator`�t Habitat Conservation DATE: March 2, 2021 SUBJECT: Mining Permit Modification for Lee Brick and Tile, Sanford Mine — Permit No. 53-04, Lee County, North Carolina Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5). Lee Brick and Tile is requesting a modification of their permit to mine clay. Currently, the total permitted area is 469 acres; the modification includes the addition of 36 acres within the existing boundary. The applicant has indicated four new sediment basins and a skimmer system will be installed. Perimeter basins will be used to divert stormwater runoff to the basins. Reclamation includes leaving portions of the excavation as a lake; other disturbed areas will be graded and seeded according to schedule. The mine is located along NC Highway 15-501, south of its intersection with Deep River Road, north of Sanford. Aerial images and maps indicate unnamed tributaries to the Deep River bisect the project site. There are records for the federal and state -endangered Cape Fear shiner (Notropis mekistocholas) in the Deep River. Designated Critical Habitat for the Cape Fear shiner is located downstream of the site. As such, please contact John Ellis with the US Fish & Wildlife Service, john ellis(a»fws.gov, to determine level of impact. If the permit is modified, the NCWRC offers the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources: Due to the presence of Cape Fear shiner downstream of the site, maintain a minimum 200- foot undisturbed native, forested buffer along perennial streams, and a minimum 100-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality and aquatic habitat both within and downstream of the site. In addition, these buffers will provide a travel corridor for wildlife species. Grassed buffers, particularly fescue, do not provide the necessary and highly valuable functions that forested buffers provide. Sediment and erosion control structures should be located outside of the buffers. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 March 2, 2021 Sanford Mine Permit No. 53 -04 2. Water discharges from the site should be proportional to the size of the receiving stream. Turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have various detrimental effects on aquatic resources, including destruction of spawning habitat, suffocation of eggs and clogging of gills. Use bridges for all permanent roadway crossings of streams and associated wetlands to eliminate the need to fill and culvert, where practicable. If culverts must be used, the culvert should be designed to allow aquatic life passage. Fords may be appropriate and preferred for intermittent stream crossings or where crossings will be used only once or twice a year. For fords, crossings in riffles are preferred with the banks lowered upstream and downstream of the crossing. Stabilize the stream bottom with geo-textile fabric and rock; concrete should not be used for bed stabilization. 4. Only native fish species should be stocked in reclamation ponds. A stocking permit may be required to stock any species of fish, mollusks or crustaceans. Applications for a stocking permit are available at http://www.ncwildlife.org. There is no fee associated with the permit application process. Please contact Kelsey Roberts, District Fisheries Biologist, at (919) 618-7945 or kelsey.roberts(a,ncwildlife.org for additional information regarding fish stocking and the need for a stocking permit. 5. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan — see attached Table. The NCWRC strongly recommends against the use of Sericea lespedeza (Lespedeza cuneata) as a stabilizing groundcover. This is an egregious and invasive, non-native species that is very hard to eradicate. An exact seeding mixture should account for soil types, moisture, pH and degree of slope of areas to be stabilized. Relatively shallow sediment basins can be reclaimed as wetlands where practicable. Free technical assistance from NCWRC biologists is available for ideas on establishing vegetation or incorporating other measures that are beneficial for wildlife. 6. The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly recommended. Silt fencing, fiber rolls and/or other products should have loose - weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Thank you for the opportunity to comment on this permit modification. If I can be of further assistance, please call (910) 409-7350 or email gabriela.garrison(a,ncwildlife.org. Page 3 March 2, 2021 Sanford Mine Permit No. 53 -04 NCWRC Recommended Stabilization Mix lblac cost/lb Proso or Brown Top Millet 30 0.88 $26.40 Austrian Winter Pea or Iron Clay* 10 1.1 $11.00 Buckwheat 40 0.88 $35.20 Durana Clover 5 8.33 $41.65 Black-eyed Susan 1 22 $22.00 P urp letop 5 22 $110.00 Beaked Panicgrass 4 19.8 $79.20 Wild Rye* 5 6.6 $33.00 Carthage Switch Grass 4 6.6 $26.40 Partridge Pea 3 6.6 $19.80 Ragweed 1 13.33 $13.33 Sum $417.98 Prices from Adams Briscoe or Ernst Ernst Mix NC Steep Slope Mix $993.60 plus cover crop Other mixes run 700 to $800 without cover. * During cool season use Austrian Winter Peas and increase Wild Rye to 20 lbs.