HomeMy WebLinkAbout20120426_Modification_61-13ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
BRIAN WRENN
Director
Mr. Tony Johnson
Vulcan Construction Materials LLC
4401 North Patterson Ave
Winston-Salem, NC 27105
RE: Spruce Pine Quarry
Mining Permit No. 61-13
Mitchell County
French Broad River Basin
Dear Mr. Johnson:
NORTH CAROLINA
Environmental Quality
April 26, 2021
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 97.7 acres as indicated on the map sealed on March 10, 2021. The
modification includes the addition of a new haul road to access the northern and eastern portions of the permit. This
modification will also expand the Ultimate Pit Limit as shown on the Mine Map and Reclamation Map sealed March
10, 2021. 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 ensure 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: 111.3.C, III.4.1), 1I1.6, 111.14.i,
IV, VI, VII.B
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 lies with you.
As a reminder, your permitted acreage at this site is 151.52 acres and the amount of land you are approved to disturb
is 97.7 acres.
Please contact me at (919) 707-9220 if you have any questions.
Sincerely,
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Stanley Aiken, PE, Asheville Regional Engineer
D E Q�� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-16i2
wi�r•.•.� 919.707.9200
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERALAND LAND
RESOURCES
LAND QUALITY SECTION
19�A10-1M�
For the operation of a mining activity
In accordance with the provisions of GS §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:
Vulcan Construction Materials LLC
Spruce Pine Quarry
Mitchell County - Permit No. 61-13
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 conformity with the approved Reclamation
Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the
surrounding environment and for reclamation of the land and water affected by the permitted mining operation.
This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan.
However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond
or other security on file with the Department, and may survive the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another operator succeeds to the
interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the
Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the
Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided
that both operators have complied with the requirements of the Mining Act and that the successor operator agrees
to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or
other security.
In the event that the Department determines that the permittee or permittee's successor is not complying with the
Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements
of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend
the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right
to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the
Department. Alternatively, and in addition to the above, the Department may institute other enforcement procedures
authorized by law.
I. Definitions. GS §74-49.
Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have
the same meaning as supplied by the Mining Act, GS §74-49.
II. Modifications. GS §74-52.
March 9. 1999: This permit has been modified to increase the permitted and affected acreage by 9.6 acres
as indicated on the Mine Map dated January 8, 1999.
May 7.2999: This permit has been transferred in its entirety from Mayland Stone Company Inc. to Vulcan
Materials Company.
January 1.2000: This permit has been transferred in its entirety from Vulcan Materials Company to Vulcan
Construction Materials LP.
June 28, 2000: This permit has been modified to add 75.01 acres to the permitted acreage and increase the
affected acreage to 90 acres as indicated on the Site Plan dated February 14, 2000 and the Details
Overburden Disposal Areas Sheet dated May 2000. This modification includes the expansion of the mine
excavation area, additional overburden disposal areas, plant/stockpile expansion and the associated erosion
and sediment control procedures submitted with the modification request and the additional information
dated May 10, 2000.
March 10, 2009: This permit has been modified to change the final reclamation plan to allow the quarry
excavation to fill with water as indicated on the Reclamation Map dated December 3, 2008.
Page 3
October 7, 2016: This permit has been modified to change the corporate name from Vulcan Construction
Materials LP to Vulcan Construction Materials LLC.
April 3. 2017: This permit has been modified to increase the affected acreage at this site to 91.0 acres as
indicated on the Mine Map received on March 2, 2017. The modification includes the addition of a
stockpile storage expansion along the west side of the site adjacent to the quarry entrance and includes the
installation and maintenance of all associated erosion and sediment control measures.
December 1.2017: This permit has been issued for the life of site or the duration of the lease term.
April 26, 2021: This permit has been modified to increase the affected acreage at this site to 97.7 acres as
indicated on the mine map sealed March 10, 2021. The modification includes the addition of a new haul
road to access the northern and eastern portions of the permit. This modification will also expand the
Ultimate Pit Limit as shown on the Mine Map and Reclamation Map sealed March 10, 2021.
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.
III. Operating Conditions. GS , 74-51.
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 stormwater runoff from the affected areas at the site shall be in accordance with any
applicable permit requirements and regulations promulgated by the Environmental
Protection Agency and enforced by the N.C. Environmental Management Commission. It
shall be the permittee's responsibility to contact the Stormwater Program to secure any
necessary stormwater permits or other approval documents.
2. Air Quality and Dust Control.
A. Any mining process producing air contamination emissions shall be subject to the
permitting requirements and rules promulgated by the N.C. Environmental Management
Commission and enforced by the Division of Air Quality.
B. During mining operations, water trucks or other means that may be necessary shall be
utilized to prevent dust from leaving the permitted area.
3. Buffer Zones.
A. 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.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C. Environmental Management Commission.
C. All buffer zones shown on the Mine Maps sealed March 10, 2021 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.
Page 4
4. Erosion and Sediment Control.
A. Adequate mechanical barriers including but not limited to diversions, earthen dikes,
sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be
provided in the initial stages of any land disturbance and maintained to prevent sediment
from discharging onto adjacent surface areas or into any lake, wetland, or natural
watercourse in proximity to the affected land.
B. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Mine Map dated
December 3, 2008 and the supplemental information received by the Land Quality Section
on December 23, 2008.
C. All mining activities associated with the additional stockpile storage expansion, including
the installation and maintenance of all erosion and sedimentation control measures, shall
be conducted as indicated on the Mine Maps received March 2, 2017 and the supplemental
information received January 13, 2017 and March 2, 2017.
D. All mining activities associated with the *April 23, 2021 modification, including the
installation and maintenance of all erosion and sedimentation control measures, shall be
conducted as indicated on the Mine Maps sealed March 10, 2021.
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. Permanently Marked Boundaries.
All mining affected area boundaries (97.7 acres) shall be permanently marked at the site on 100-
foot intervals unless the line of sight allows for larger spacing intervals.
7. 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 the quarry opening 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.
C. Excavation shall not be allowed within 300 feet of any neighboring dwelling house, school,
church, hospital, commercial or industrial building, public road, or other public property.
Page 5
8. 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.
9. 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. 11 and 13 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:
10. Ground Vibration with Monitoring:
In all blasting operations, the maximum peak particle velocity of any component of ground motion
shall not exceed Figure 10-1(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.
Page 6
Figure 10-1- Allowable Peak Particle Velocity by Frequency
10.0
.s
0
2,p
2 inlsec
2.0
�
4
•O
�.9
�
'
f.0
0.9
o
0.7
0.75 f nl sec
0.7
0.6
s
'
0.6
10.4
_
Ord
r
0.3
'
0.3
0.2
11
0.2
0.1
i
t
4 10 20 30
100
Blast Vibration Frequency, H=
Figure I Alterative blasting feuel criten-a
(Source modified from figure 8- t . Bureau of Mines R 18.0 )
11. 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 = (D/DS)2 (EQ. 8.1 }
DS = D/W" 2 (EQ. 8.2)
V = 160(1)S)-'.6 (EQ. 8.3)
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.
Page 7
12. 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 Measuring System (Hz)
Max Level (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
13. 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:
To convert U (psi) to P (dBL):
U = 82 (D/Wo.33)-1.2 (EQ 8.4)
P = 20 x log (U/2.9x 10-9) (EQ 8.5)
Confined Air blast/Overpressure (dBL) for quarry situation:
A=P-35 (EQ8.6)
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.
14. Record Keeping_
The operator shall maintain records on each individual blast describing:
i. date and time of the blast.
ii. the total number of holes.
iii. pattern of holes and delay of intervals.
iv. depth and size of holes.
V. type and total pounds of explosives.
vi. maximum pounds per delay interval.
vii. amount of stemming and burden for each hole.
viii. blast location.
ix. distance from blast to closest offsite regularly occupied structure.
Page 8
X. 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.
15. Excessive Ground Vibration/Air blast Reporting:
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.
16. 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.
17. Flyrock Reportin&
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:
i. A thorough investigation as to the cause(s) of the incident shall be conducted.
ii. 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 site.
18. 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 exceedance 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.
19. 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.
20. High Wall Barrier
A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at
all times at the mining permit boundary 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.
Page 9
21. 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.
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.
22. 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 GS §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 GS §74-49 (14) of the N.C. Mining Act of 1971):
i. on -site generated land clearing debris.
ii. conveyor belts.
iii. wire cables.
iv. v-belts.
V. steel reinforced air hoses.
vi. drill steel.
D. If mining refuse is to be permanently disposed within the mining permit boundary, the
following information must be provided to and approved by the Division of Energy,
Mineral and Land Resources prior to commencement of such disposal:
i. the approximate boundaries and size of the refuse disposal area.
ii. a list of refuse items to be disposed.
iii. verification that a minimum of 4 feet of cover will be provided over the refuse.
iv. verification that the refuse will be disposed at least 4 feet above the seasonally
high-water table; and,
V. 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:
i. 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.
ii. Used, clean concrete shall be temporarily stockpiled and processed within existing
approved affected areas draining to existing approved erosion and sedimentation
control measures.
Page 10
iii. No used, clean concrete material shall be permanently disposed of onsite.
iv. Any foreign material that may be found within the used concrete must be separated
from the concrete and properly recycled or disposed off -site.
IV. Annual Reclamation Report and Annual Operating Fee Submittal. GS V4-55.
An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department
by September 1 of each year until reclamation is completed and approved for release by the Department.
V. Prior Approval Required for Plan Modification. GS §74-52.
The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any
part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for
a mining permit or any approved revision to it. Approval to implement such changes must be obtained
from the Department prior to on -site implementation of the revisions.
VI. Bonding. GS §74-54.
The security, which was posted pursuant to GS §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.
VII. Archaeological Resources. GS §70-3.
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 GS §70-3, "The Unmarked Human Burial and Human Skeletal Remains
Protection Act," should the operator or any person in his employ encounter human skeletal
remains, immediate notification shall be provided to the county medical examiner and the
chief archaeologist, North Carolina Division of Archives and History.
VIII. Approved Reclamation Plan. GS V4-53.
The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the
continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of
the permittee, which continues beyond the terms of the Mining Permit.
To comply with GS §74-53 the approved plan will provide:
1. Minimum Standards.
A. The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials
shall be at such an angle as to minimize the possibility of slides and be consistent with the
future use of the land.
B. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
C. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use of
the land.
Page 11
OR
D. No small pools of water shall be allowed to collect or remain on the mined area that are, or
are likely to become noxious, odious, or foul.
E. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule included
in the plan, which shall to the extent feasible provide reclamation simultaneous with mining
operations and in any event, provide reclamation at the earliest practicable time after
completion or termination of mining on any segment of the permit area and shall be
completed within two years after completion or termination of mining.
Reclamation Conditions.
A. 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.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. 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.
ii. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
iii. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before
revegetation.
V. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. III.22.A
through III.22.D.
vi. The affected land shall be graded to prevent the collection of noxious or foul water.
3. Revegetation Plan.
After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan
approved by Justin S. Douthat, PE on March 10, 2021 or the following:
Permanent Seeding Specifications
Dates Species
February 15- April 1
April 1- July 31
August 1- October
Kobe Lespedeza
Bahiagrass
Redtop
Winter rye (grain)
Common Bermuda
Lespedeza (unscarified)
German millet
Rate, Lbs. / Acre
10
50
1
15
50
30
40
Page 12
October 25- February 15 Rye (grain- temporary) 120
Soil Amendments
Lime 2000 lbs./acre or follow recommendations from a soil test.
Fertilizer 1000 lbs./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
lbs./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.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife
Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Issuance and Modification Summary. GS §74-51 and GS §74-52.
This permit, issued October 2, 1978 to G & S Crushing Company, renewed and transferred to Mayland
Stone Company January 18, 1989, modified and renewed March 9, 1999, transferred to Vulcan Materials
Company May 7, 1999, transferred to Vulcan Construction Materials LP January 1, 2000, modified June
28, 2000, renewed and modified March 10, 2009, and modified October 7, 2015 and April 3, 2017 is hereby
modified this 26rd day of April 2021 pursuant to G.S. §74-52.
By: U //%2C✓v `� lO2
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality