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HomeMy WebLinkAbout20200619_DraftROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director Mr. Malcom Jones Jones Holdings NC, LLC' 150 Santiago Drive Juniper, Florida 33458-2721 Re: Mirasol Mine (Draft Permit) Brunswick County Cape Fear River Basin Dear Mr. Jones: NORTH CAROLINA Environmental Quality June 19, 2020 Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $71,700.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., Jones Holdings NC, LLCC. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74- 51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. D ��� 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 .27699-1612 uomx w n�sm e�uvwimmmuu,mr 919.707.9200 Mr. James Page Two Please contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sinc ly, David Miller, PE State Mining Engineer DM/jw Enclosures cc: Mr. Dan Sams, PE 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: Jones Holdings NC LLC Mirasol Mine Brunswick County - Permit No. ' 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. 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. 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: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. 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 prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. 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 excavation shall be diverted internal to said excavation. C. Mining activities shall occur as indicated on the Proposed Mine Maps last revised May 15, 2020 and the supplemental information received on March 20, 2020 and May 22, 2020. 5. All mining affected area boundaries (72.0 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. 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. Page 4 7. 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. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 25 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. 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; 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, Page 5 5. verification that a permanent vegetative groundcover will be established. 11. 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. 12. A. 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. B. No mining or land disturbing activities shall occur within the Future Excavation Area unless a modification is submitted to and approved by the Division of Energy Mineral and Land Resources to allow said activities/ 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 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. 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 restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain, a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall. be graded to prevent the collection of noxious or foul water. 3. evegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Soil Amendments Species Rate, Lbs/Acre Bahaigrass 50 Redtop 1 Partridge Pea 12 Winter rye (grain) 15 Common Bermuda 50 Centipede 10 Centipede 10 German millet 40 Partridge Pea 12 Annual Rye (grain -temporary) 120 Partridge Pea 20 Lime- 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- Summer - 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Fall, Winter and Spring — 400 Ibs/acre 8-8-8 or 10-10-10 or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 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. 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. Permit issued this *th day of *, 2020. M Brian Wrenn, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality Ado AC APPLICATION FOR A M]GqNG PERMIT . gow,6,� - a&ul� /L E. DETERR�TATYON OF .AFFECTED ACREAGE AND BOND - The following bond calculation worksheet i s to be used to establish an appropriate bond (based upon a range of s$500 .to $5, 000 per affected acre) for each permitted mine .Department to be affected during the life of the minitzgpermit. site based upon the acreage approved• by the Please insert the approximate acrea e. or each aspect o the minin operation. that ozc intend to a ect durin the li e o this mining ermit in addition, please insert the anDropriate reclamation cost/acre for each cateaory •om the Schedule of Reclamation Costs provided with this aanlication'form) OR you can defer to the .Department to calculate "our bond for you based u on Your maps and standard reclamation costs: CATEGORY AFFECTED ACREAGE RECLAMATION RECLAMATION COST/ACRE` COST Tailings/Sediment Ponds: Ac. X $ /Ac. — $ Stockpiles: 3 Ac. X $ a _ S-q& d 0 /Ac. $ Wastepiles: X$ _ c/Ac. + $ q&YjA Processing Area/Haul Roads: t Ac. X $ � /Ac. s l�CD�d Mine Excavation: :,Z Ac • X $ 6 � $ . /A c_ �. Other:. � „ .� Ac. X D 0. � _ c 4 v 66 TOTAL AFFECTED C.: Ac. (TOTAL PERMITTED AC.: r,3 of . Ac. iem or & Pt'rmanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a} affected acres that drain into Proposed/existing—excavation, and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage /),� , (b Ac b) Positive Drainage Ac. X $1,500.00 = $ Inflation Factor: SUBTOTAL COST: $ a o COST: $ J [ � � �' 0.02 X SUBTOTAL X Permit Life Pr vided by Applicant (Life of the Mining Operation or Life of Lease from Public Entity in years)): /'� r INFLATION COST: 5 41960 SUBTOTAL COST + WI,ATION COST: Total Reclamation Bond Cost: $ (NOTE: The reclamation bond cannot exceed nd m� t° the nearest $100.00) $ 0on per GS 74-54) .90, APPLICATION FOR A MINING PERMIT "t� AC <<C /na&u� L / E. DETERMINATION OF AFFECTED ACREAGE AND BOND & """ The following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the miningpermit. Please insert the aDDroximate acreagefor each CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds: Ac. Stockpiles: 3 • (� Ac. Wastepiles: Ac. Processing Area/Haul Roads: _^Ac. Mine Excavation: 5 V• VAc. Other:. �,� 9.� Ac. TOTAL AFFECTED AC.. - Ac. (TOTAL PERMITTED AC.: Ac.) RECLAMATION COST/ACRE* RECLAMATION COST X $ /Ac. _ $ o " X $ /Ac. _ $DD?1 °0 X $ jb 6a' /Ac. _ $ %�%IQ��a X $ 5W'/Ac. _ $ vl �dd od X $ /B06 bV/Ac. J _ $ , � Lrvr(Le me J VIAL AHFEC1Ell AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent Offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 111 a Ac. b) Positive Drainage Inflation Factor: Ac. X $1,500.00 = $ SUBTOTAL COST: 0.02 X SUBTOTAL COST: $ 1 bo X Permit Life Prav,ided by Applicant (Life ofthe Mining Operation or Life of Lease from Public Entity YYears)): /U INFLATION COST: $ 111160 d V SUBTOTAL COST + INFLATION COST: otal Reclamation Bond Cost: $ 71 %6 d" /. M (round down to the nearest $ The reclamation bond cannot exceed $1 million per GS 74-54) -1-