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HomeMy WebLinkAbout07-01_19_RedactedState of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Willam W. Cobey, Jr., Secretary March 26, 1991 MEMORANDUM TO: File FROM: Tracy Davi�-V RE: Texasgulf - Modification Requests Charles H. Gardner Director I asked Charles Gardner how he would like Floyd and I to handle modification/changes @ Tg - which ones should be handled in the field and which ones on the plans upfront. CHG stated that he felt that each change would be a judgement call as to how to handle it but he did state that any changes to the perimeter S&E control should require a plan modification and an approval from this office. Those changes internal to the site which will be covered by said perimeter measures or internal drainage could be handled in the field, but still subject to Floyd's judgement - I concurred. I advised CHG of our 4/2/91 meeting that is scheduled with Tg to discuss this - CHG said he had a scheduling conflict and just to keep him posted as to the results of the meeting. TED:se cc: Floyd Williams P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity AfHmiatfve Action Employer T ® Texasgulf inc. elf aquitalne group P.O. Box 48 Aurora, North Carolina 27806 April 2, 1991 Mr. Charles Gardner, Director Division of Land Resources North Carolina Department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Subject: Texasgulf Inc. Mine Permit 7-1 Dear Mr. Gardner: Rtc,ri-V&E® Np u J 1991 QuAul, SEC r/ON W.A. Schimming Manager Environmental Affairs (919) 322-4111 On February 8, 1990, the Division of Land Resources approved the addition of 160 acres to Texasgulf Inc. Is Mine Permit 7-1. This land was located along S.R. 1942 south of what was then the current mining area. d In August 1988, Texasgulf submitted a Section 404 Dredge and Fill permit application to fill jurisdictional areas on the NCPC Tract. Prior to evaluation of the 404 permit application, the Corps requested that cumulative impacts of mining in areas containing jurisdictional wetlands be evaluated through an Environmental Impact Statement (EIS). A Draft EIS is in preparation and we hope to have a final decision on the EIS and the 404 permit early next year. In the meantime, Texasgulf is obligated to change its mid-term mine plan to operate west of Highway 306 until the 404 permitting process has been completed. Due to delays in the EIS, we are requesting that Mine Permit 7-1 be further modified to add approximately 700 acres of land south of the current permitted boundary and west of Highway 306. This land, which is needed to carry us through the EIS process, is presently not included under any of our existing mine permits. Enclosed is a 1" = 1200' aerial photo outlining the area currently under Mine Permits 7-1 and 7-5, the area that the Corps of Engineers have signed off and have declared no wetlands, and the 700 acres that we are requesting to have added to Mine Permit 7-1. This 700 acres includes 0.9 acres of "Waters of the United States" in the channelized portion of Whitehurst Creek. r Mr. Charles Gardner April 2, 1991 Page 2 We will request that the N.C. DOT grant future road closures of those highways within the requested permit amendment prior to the mine progress to the south. Portions of State Roads 1937, 1941, and 1942 will be addressed for closure as the mine advances. Texasgulf will continue its extensive groundwater monitoring network on a local and regional basis. Texasgulf will continue to use the guidelines currently outlined in Mine Permit 7-1 for sedimentation and erosion control. Enclosed are four copies of the attachment for your use. If you have any questions, please do not hesitate to call me. Sincerely, /Y "e W. A. Schimming WAS:JCF/re Enclosure cc: Floyd Williams - DLR, Washington (w/2 copies of encl) 12-04-001-36 (w/encl) 00-12-000 (w/o encl) 4v dtoh tl�4 wob,.X, 44"4 top - �Q 1 1 ' ~ ? � � � ;�~ ���� �� ..a � .L . `�} \ ' ,`i-•�4, 'w�� �a�J 7 Saks l !�� -';t .j �� . � V`� i�� � {i�ti{� � R� 1 I W +y r' '1' .e �ti��.'i _�%��`,�+.v� '\!, .f}�., ..��"�\t 11.1•,tir'��,'� fy f i - �1 ♦ c� `mot ��.4 •�� � k� ..� {'. � 41 ,� ti .. `a �,a•ht 1t ',, `- �+ r a � •J Ott' .•`t �. i • E .... � � „u � ♦ t � �` � `� � tiv t1 ,• � __ +ram: _ !, � , t , � � t � .�� j. �t`�Y , . Y �� ��. - � •I i f� • j ,1 iE F _£ s I. v .. t. . _ , . n a _ e ... _.:77 Q .: a -__ .• g — h a. nr; vx - _ �.., PSr.. . ... AVE �.. .� . ��..- _ , . -�::. .��. m.._ _.. ._ a.TL �a y M } e N O R gpft s": ..^ a M MWS4,14 'Mu 'N' A011-1 '4�": '5LI'A �Mi Wool as 't w" room 1 N' DAS'�'IP; A—M Oak �T; V Ins 5110.0110 Vol 12, list State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor 1Mlllam W. Cobey, Jr., Secretary November 29, 1990 Mr. W. A. Schimming Manager, Environmental Affairs Texasgulf, Inc. P. 0. Box 48 Aurora, North Carolina 27806 RE: Modification of Operating Condition No. 7.B.4. Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: Charles H, Gardner Director The review has been completed on your modification request dated October 12, 1990 to remove the last sentence of Operating Condition No, 7.B.4. which requires your company to develop and submit a plan by 1992 to blend all new clays and gypsum directly at the plants for permanent waste disposal/reclamation. As this office concurs that your company's current program of using a three pile gypsum stack rotation is working successfully and is the best technique for continued operation into the future, I hereby approve your request provided that no new gypsum stacks are constructed. Attached is a copy of this revised page 6 of Mining Permit No. 7-01 which contains the modified Operating Condition No. 7.B,4. Please replace the existing page 6 of your -permit with this modified page 6 for future reference. In regards to your company's intentions to place a cap of approximately one to three feet of a 4/sand to 1/clay mixture on the top of the R-2 Blend Pond for reclamation, please be advised that you must file a justification for such activity and receive this office's approval rp for to capping R-2 with the sand/clay mixture. As you may recall, Dr. Woodhouse had some reservations about this idea, as do I. I recommend that only a section of R-2 be capped as a test, rather than the entire pond, and request that you contact me directly when this experiment takes place. P.O. Box 27687 0 Raleigh, N.C. 27611-7687 + Telephone (919) 733-3833 An Equal Opportunity AfRr native Action Employer Mr. W. A. 5chimming November 29, 1990 Page 2 Your cooperation in this matter has been appreciated: If you should have any questions on the above, please advise at (919) 733-3833. Very truly yours, Charles H. Gardner CHG/TED/se Attachment A cc: Mr. ,Tracy Davits; Mr. 'F1 oyd-WT1T1-i'ams 40 Page 6 of 11 3. Clay: The clay material from the ore matrix shall be pumped to the mined areas (RI-R3) for backfill either alone or in a blend with gypsum. -Clay-only discharges shall not exceed 25% of the total time of any waste discharges into previously mined areas (R1-R3,.. Records documenting the amount of clay vs clay/gypsum blend discharges into mined areas (R1-R3) shall be maintained at the mine office and be available for review by Department personnel upon request. 4. Gypsum: During 1982-1991 a portion of the backfilled mine excavation area will continue to be used to stockpile gypsum (G-3,4,5; G-1; G-2; G-6). 8. Annual Reclamation Report An Annual Reclamation Report by the Department by February completed and approved. 9. Surety shall be submitted on a form supplied 1 of each year until reclamation is The security which was posted pursuant to N.C.G.S. 74-54 in the form of $25,000.00 Blanket Bond is sufficient to cover the phosphate mine operation as indicated on 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. 10. 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. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 11. Archaelogical Resources Authorized representatives shall be granted access to significant archaeological of the Division of Archives and History the site to determine the presence of resources. ® Texasgulf inc. elf aqultaine group P.Q. Box 48 Aurora, North Carolina 27806 October 12, 1990 Mr. Charles H. Gardner, Director Division of Land Resources North Carolina Department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Subject: Mine Permit No. 7-1 Texasgulf Inc. Dear Charles, OCT 15 '90 DIV.OE LAND RE,S.. W.A. Schlmming Manager Environmental Affairs (919) 322-4111 oa1ts19so LAND QUALM SEC710 It was a pleasure to meet with you on October 10, 1990 to discuss our mine reclamation plans at Texasgulf. In particular, we discussed the requirement in Mine Permit No. 7-1 for Texasgulf's Beaufort County mine, Operating Condition No. 7. B. 4., in which there is a requirement that by 1992 Texasgulf submit a plan to blend all new clays and gypsum directly at the plants for permanent waste disposal/reclamation. As we discussed at this meeting, our current program of using a three pile gyp stack rotation to augment the direct disposal from the belt filters is working successfully. we believe that this is the best technique for continued operation into the future to directly handle the gypsum from the bird filters and at those times that the gypsum from the belt filters cannot be directly mixed with clays and sent to blend/reclamation areas. At this time we see no need to construct any new gypsum stacks and can utilize No.'s 3/4, 5 and 6 in the three stack rotation mode. Therefore, I request your approval to amend Mine Permit No. 7-1 to delete the last sentence in Item 7. B. 4. to remove the requirement to develop such a plan by 1992. If you need any further information or documentation regarding this matter, please advise. I appreciate your assistance in this matter. Sincerely, Z, W. A. Schimming WAS/re pc: Floyd Williams - DLR, Washington b _ +� _$S_� j_� H�jrj_pjt S_Gtk nA r r e� -. 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IN 'k - �.+: -.�_1,�,4_`� t DIVISION OF LAND RESOURCES LAND QUALITY SECTION September 13, 1990 MEMORANDUM REC;EI VED TO: Tracy Davis SEP 14 1990 State Mining Specialist LAIM nul ECrION File FROM: Floyd Williams RECEIVED Regional Enginee Land Quality Section SEP1tl*u Washington Regional Office SUBJECT: 9-12-90 Inspection of Texasgulf, Inc. LAND 011AL11 Y SECTION Mine Operation Beaufort County On 9-23-90, Harry Bailey and I inspected the above subject mine operation. Texasgulf employees Don Millman and Jeff Furness accompanied us during the inspection. Reclamation activities have been taking place consistent with the bi-annual reclamation report which was received on June 29, 1990. With regard to reclamation, Texasgulf is working closely with Dr. Steve Broome from NC State University. Henry Riddick, Beaufort County Extension Agent, and Paul Lilley, Extension Soil Science Specialist., Tidewater District. Texasgulf has ordered approximately 121,000 tree species for 1991 plantings. Following are notes taken during the inspection: 1. In process of installing a decant structure through the R-1 dike between stations 160+00 and 175+00. This structure is to allow for installation of equipment to monitor the hydrology of the clay -blend material impounded in R-1. 2. Texasgulf is, at this time, pumping the blend material (3 parts gypsum to 1 part clay) into the bottom of the proposed water recycle pond. The recycle pond is part of the new NPDES permit. The blend material being pumped into the recycle pond will help seal the bottom. They will pump into this pond until an elevation of -20 feet MSL is reached. The pond is approximately 300 acres in size, which will result in approximately 3500 acre feet of blend being pumped into this area. It will take approximately 1 year to fill the pond to -20 MSL. -2- 3. R-1 Blend Pond --The outside slope has maintained an excellent ground cover. Numerous plots of different species of grasses, trees, legumes, grains, corn, and even wildflowers have been planted or sown. Ditching of wet areas is continuing according to the bi-annual reclamation plan. Green ash trees are doing very well. 4. R-2 Blend Pond--Texasgulf has placed blend material on the outside slope of R-2 dike and will begin seeding this month. The blend material utilized on the outside slope was excavated just inside the pond, which left holes 15 to 20 feet from the pond's edge. Texasgulf intends to pump blend material in these areas to backfill these holes. Don Millman also mentioned that Texasgulf is looking at placing a cap of approximately 1 to 3 feet of a 4/sand to 1/clay mixture on the top of the pond area. They feel that this mixture, after being disced, would provide a better material for reclamation. 5. R-3 Dike --The R-3 dike is up to its designed elevation of 35 feet. Texasgulf intends to begin grading activities on this dike to get the final designed crest and slopes. Three low areas exist that will be brought up to proper elevations. Final sloping will be completed in January and February of 1991, with final certification requested in March or April of 1991. The R-3 pond area is approximately 900 acres in size. 6. Texasgulf is, at this time, operating at full capacity, seven days a week, and is mining in block 20. The bucket wheel system was removing the top layers of overburden from block 21 and was operating at the time of inspection. 7. Texasgulf has seeded a section of the perimeter canal dike slopes along the south and southeast sections of recent mine advance. 8. Texasgulf will begin implementing permanent erosion control plan in Porters Creek area in very near future (this was the area where recent violations occurred). 9. Inspection of the Charles Tract revealed that Texasgulf is progressing very well in reclamation activities. 10. Mike Breza is now mine manager, heading up the bucket wheel excavator operation, mine and mill operation, mine planning, blend system reclamation, and long-range planning. It appears that Texasgulf is putting forth a good effort in reclamation activities, and I will keep you updated on activities regarding this operation. State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor July 26, 1989 Stephen G. Conrad William W. Cobey, Jr., Secretary Director (OV-101,09W\Oililul TO: Steve Conrad FMM : Charles Gardner Gl,�tG— SUBJECT: Texasgulf This is in response to your request for a status report on Tg. We have no major issues with Tg.at present. Here are some information items: 1) Mining Permits - Tg holds two separate Mining permits: their main 10 year permit, which expires July 30, 1992, and the (transferred) 10 year NCPC permit, which expires January 23, 1995. We plan to consolidate these two permits into a single one during the 1990-1992 permit renewal window. 2) Mine Plan - As you know, Tg wishes to move into the area east of SR 306 as soon as possible, and is awaiting the completion of an environmental impact study and decisions on DEM 401 water quality certification and 404 wetlands permits concerning several inland wetlands. I believe the EIS is supposed to be completed this summer. Concerning the artificial wetlands/creeks/nursery areas that NCPC developed as a research/demonstration project, we understand that Tg is continuing to monitor these, but we don't know at what level. The question of permits to mine through the creeks on the south side of the "NCPC" area, with wetland mitigation, has not been raised by Tg to my knowledge. 3) Mine Reclamation - Tg is giving us written reports every six months on a the last six months reclamation activity and b) the next six month plan. Their main activity is in ditching and drying the Charles Tract mud ponds and R--1 (gypsum -clay mix disposal area) and experimental plots of hardwood (green ash) and cypress trees. PO Ro,, 27r,E7, Raleio, Nbrth Carolina 27.611.7667 Telephone 919-733-3833 An Equal Oppommiry Aifirmanve Anion Employer Memo to Conrad July 26, 1989 Page 2 The hardwood/cypress experimental plots are encouraging, with good tree growth at plots that have been managed properly. However, Tg has a people management problem with respect to reclamation. The production people tend to either tamper with, or neglect, the land management plan laid out by the reclamation planners. This kind of reclamation requires intensive effort with close timing on ditching, controlling phragmites, and tree planting. Tg needs to devote a larger workforce, and additional ditching equipment, to their clay pond and clay -gypsum pond reclamation. They also need to establish a management structure that will assure that the reclamation and timing are properly carried out without interference from other parts of their organization. Lately, they seem to be making progress with these problems, but I'm not sure to what degree. As you know, Tg has around 2000 acres of unreclaimed waste areas, and this is liable to draw public attention and criticism at any time. 4) Dam Safety - After years of concern about the possibility of failure of Charles Tract clay pond dikes, especially during hurricanes, we now feel secure that the ponds are dry enough to preclude dike failure. The gypsum -clay pond dikes are performing well and, considering their design and monitoring, I believe they are safe. As you know, the gypsum -clay blend system is a major step forward, as it eliminated the clay waste storage problem and enhanced reclamation possibilities. 5) Communications - Tg is more open than in the past. This appears to be a result of Tcm Regan's and Bill Schimming's influence. However, they are no longer having the monthly meetings with the Washington Regional Office personnel, and this should be reactivated. In summ-try, executive support from this department would be helpful in a) encouraging Tg to intensify their reclamation efforts and b) reactivate the monthly meetings with the WRO staff leaders of the natural resources divisions. cc:' Tom Carroll Floyd Williams ®Texasgulfinc. elf aqultaine group P.O. Box 48 Aurora, North Carolina 27806 June 28, 1988 Mr. Stephen Conrad, Director Division of Land Resources North Carolina Department of Natural and Community Development 512 north Salisbury Street P . 0. Box 27687 Raleigh, N.C. 27611-7687 Dear Mr. Conrad: RECEIVED 4UN 2 9 U W.A. Schirrlmr�;r. Manager Environmental Affairs (919) 322-4111 'r Resources J �- c� �'_1. pn� This is a formal request to have modifications made in our Mining Permit No. 7-1, which was amended April 8, 1988. Attached please find the requested changes, as they were agreed to in a meeting last reek in Raleigh. The page number references refer to page numbers in the emended permit, deletions are marked with slashes (!), and additions are underlined. Our company name has officially been changed to Texasgulf Inc., and our insurance company will be forwarding a name change rider to you. Also included in this package is the semiannual reclamation report, and the clay -blend disposal record for June 1 thru June 27, 1988. Please be advised that columns 1, 2, and 5 of this record are not public information. If you have any questions on these matters, please feel free to contact me. Sincerely, f�34 _ " 11 . A. Schimming WAS1re Attachments CC,. T. J. Regan, Jr. wlattachments G. W. Whitaker, Jr. J. M. Hird P. J. Moffett " D. J. Millman " S. C. Mollison " W. R. Walker J. C. Furness " 00-12-000 12-04-001-13 j � . .� I r 1 . . � r. - • � .. F . . . Y. . . y ,.. r Texsegulf Inc. Modifications to Hine Permit 07-1 6/27/86 1. Page 4 of 11, 3..C.7. During land clearing operations a system of shallow ditches shell be constructed to intercept stormwater runoff and direct this water to tM6 ftddYf�9�t��'/d�ri�xlddf�rfilids/¢Y�vii/d�4ls/d�dl��dd�rSi'�S�Y an NPDES permitted discharge. f�rSid/XMd/Pdp4Yf�'d1Ri�idfl 2. Page 4 of 11, 3-C.S. During the d#¢ddlAd nrestriR and are extraction phase, the sedimentation control mechanisms described in the sediment control plan shall be functional. Surface drainage and groundwater seepage into mine cuts shall be intercepted by% 1) the freshwater canal system, used in the benefioation and processing of the ore and discharged as required; and/or 2) intercepted by the dredged water system, used by the dredge and/or permitted NPDES discharge. fdtd/tYid/P�rtiYi�'mlitfwid�! 3. Page 5 of Ili 6. C. Sufficient buffer (mknimum of 25 feet) shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. 4. Page 5 of 11, 6. p. a:tddVdtfdv( Overburden removal for ore extraction shall not come within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other property without written modification to this permit describing how physical hazard to such features will be prevented. 5. Psge 5 of 11. 7. A. 1. The upper unconsolidated ddddd sediments over the ore are removed by dredges and pumped to mined areas for reclamation. Beginning in mid-1988, this material shall be removed by a bucket wheel excavator (BWE) prestrip system. use of dredges for removal of overburden shall be terminated by 1990. --1- ........... rf if -17 -1 171 w J'k ri Isillo. P r nj 44 s 0 6. Page 5 of 11 7 2. The remaining 38s47S/Y44f/4Ai/d�t�ad�{ddYfa�di+dd Mdlt4VfAY overburden shall be removed by draglines and cast into previously mined areas in windrows. 7. Page 5 of 11 7. B. 1. Rejects Oversized phosphate pebbles and gangue materials in the ore matrix may be stockpiled in the vicinity of the mill area. This material is used by Texasgulf ddd/li/!/0��dfitd¢sfi/�i/?�fd�fd���fi�dti'dri/dQl/�e'ddd HdA41Adi6ffWZ11MV for internal road construction and maintenance, and may be made available to Stpte and local governmental bodies. 8. Page 6 of 11, 7.B.3. Clays The clay material from the ore matrix shall be pumped to the mined areas (RI-R3) for backfill either alone or in a blend with gypsum. Clay -only discharges shall not exceed 25X of the total time of any waste discharges into previously mined areas (RI-R3). Records documenting the amount of tivW/Sf clay ve clay/gypsum blend discharges into mined areas (RI-R3) shall be maintained at the mine office and be available for review by Department personnel upon request. 9. Page 6 of 11, 7.B.4. Gypsums During 1982-1991 a portion of the backfiiled mine excavation area will continue to be used to stockpile gypsum (0-3, 4,5; G-1; G-2; 0-1 6). By 1992 a plan to blend all new clays and gypsum directly at the plants for permanent waste disposal/reciamation shall be submitted to the Department for review. 10. Page 7 of 11, RECLAMATION CONDITIONS, 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation for the 1982-ZOOZ 1992 permit period shell be% 1) backfill the mine excavations to original elevation or higherf ` except so re uired for approved wetlands miti ation prolects, the fin —al, Elevations may be below original surface elevations: 2) stablize waste disposal areas and settling ponds; and 3) revegetate all affected lands. -2- I , I % . , I f t . , - -., , # 1 .8 1 4 t 11, 1 f 11. Pecie, 8 of 11 2. C. The blend of sand tailings and/or gypsum and clay tailings shell be hydraulically transported to diked areas and discharged. Some of these areas will be at existing ground elevation IMAYY and some will be diked up to 037/ddl elevations i_n__acgordence with the dam -safety hermit. The surface gradient of the blend shall initially be determined by its slope at discharge. After drying, the material shall be contoured with conventional mining equipment. 12. Page 8 of 11, 2. E. E. By July 1, 1988 and every six months thereafter Texasgulf 9M4*ifd4XA Inc. shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the following: 1). Charles Tract clay waste areas 2). Clay -Gypsum blend areas 3). Gypsum areas 4). Tailings areas 5). Other areas Each report shall include a specific plan and schedule for future reclamation and reclamation research. Td3idd4gZ1/dwdYY/04mu t/ddofoA/td/fwo /df/1fig 7dxdr4i4x11d/Vda!62j0t/df/tkd13f46166fV/ 13. Page 9 of 11, 3. B. Once an area is ready for vegetating, the overall plan for each soil type is similar. Lime and fertilizers shall be applied as recommended by the soil test results. I 14. Page 9 of 11, 3. B. 3. Dike slope 2:l or 3:1 - 940fdtwi6i Fall Seeding 15. Page 9 of 11, 3. B. 2 Dike slope 2:1 or 3:1 - XoilX Spring/Summer Seeding -3- 4 t 4., 1 k 4, ai A - 'A t" I , , ­1 $1, -4 1, 'i - r - p ! Y-. ; - '.' % I . - . . ; , I i 16. Page 9 of 11. 3. B. 3. 3_ pike slope 21l or 3%1 Spring/Summer Seeding Rate (Pounds/Acre) Tyne 15 Hulled Bermudagrasp 15 Kobe or Korean Lesoedeze 15 German millet 17. Page 9 of 11. 3. B. 3. Z/ 44. Reclaimed Area - Flat or gently rolling - Fall Seeding 18. Page 10 of 11. 3.B.4. 41 5. Reclaimed Area - Flat or gently rolling - Spring Seeding Areas seeded according to recommendation No. 3 4 or No. A 5 shall also be mulched where feasible with grain straw oT other suitable material and anchored by discing. 19. Page 10 of 11,E 3.B.6. 6_ Reclaimed Area - Flat_ or gently rolling Rate (Pounds/Acre) Type 15 Biennial Sweetclover or equivalent legume _4- '/" ~r''' 174 �[ - -`v ) - State of North Carolina Department of Natural Resources and Community Development Division of Land Resoun:es 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor April 8, 1988 Stephen G. Conrad S. Thomas Rhodes, Secretary Director Mr. W.A. Schimming Manager, Environmental Affairs Texasgulf Chemicals Company P.O. Box 48 Aurora, North Carolina 27806 RE: Permit #7-1 Beaufort County Dear Mr. Schimming: Your request to have Mining Permit No, 7-1 in Beaufort County amended has been approved. A copy of the amended permit is enclosed for your review. The conditions in the amended permit were based primarily upon the initial application. Modifications were made as indicated by the amendment request and as required to insure compliance with The Mining Act of 1971. I would like to bring to your attention that there are additional reporting requirements in the amended permit. Please refer to Operating Condition No. 7B(3) and (4) and Reclamation Condition No. 2E of the attached permit. Both of these relate primarily to reclamation activities at the mine site and waste area. The expiration date is the same as before the amendment. The mine name on the permit has been changed from Beaufort County Phosphate Mine to Lee Creek Mine as this is the name most commonly used in referring to this mining operation. At each of our meetings in August of 1987 you or Mr. Moffett noted that Texasgulf Chemicals Company had future intentions of requesting that the three existing mining permits (No. 7-1, 7-5, 7-13) be consolidated into one permit document. I believe this would be advantageous for all parties involved but it may take quite sometime to work out an acceptable permit document. For this reason, I recommend that we meet to discuss the procedure at your earliest convenience. The proposed relocation of Hwy 306 will come under Mining Permit No. 7-5. Prior to initiating the construction of the new road you are requested to submit an erosion/sediment control plan to Mr. Floyd Williams in our Washington Office for review and approval. You may contact him at (919) 946-6481 to discuss this matter further. P.O. Box 27687, Raleigh, forth Carolina 17611-7687 Tekphone 919-733.3833 An Equal Opportunity Atirmadw Action Employer , M Mr. Schimming April 8, 1988 Page 2 Please review the amended permit and advise this office should you have any question concerning this matter. TEC/cft Enclosure cc: Mr. Floyd Williams, P.G. Mr. David Franklin Mr. Don Baker Sincerely, omas E. Carroll, P.G. Mining Specialist Land Quality Section e M DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T 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 Regulation 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf Chemicals Company -Phosphate Operations Lee Creek Mine Beaufort County - Permit No. 7-1 for the operation of a Phosphate 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. 5 r � Page 2 of 11 In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Community Development, 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 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, K.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until July 30, 1992. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. see}., and to the following conditions and limitations: ` Page 3 of 11 v OPERATING CONDITIONS Amendments to Mining Permit No. 7-1 incorporates modifications based upon: 1) the "TEXASGULF CHEMICALS COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR MINING PERMIT MODIFICATION REQUEST 1984-1991" and accompanying drawings submitted March 12, 1984, and 2) the amendment request dated September 10, 1987. 1. Permit Area The permit area for this mining permit shall include: 1) the areas indicated on the maps submitted with the "TEXASGULF CHEMICAL COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR PERMIT MODIFICATION REQUEST 1984-1991" and accompanying mine maps dated December 20, 1983 and the clay pond area map dated February 17, 1982 showing clay pond numbers 1, 2, 3, 4A, 4B and 5 and the map of clay pond no. 5 revised May 5, 1984; and, 2) the 550 acres delineated on Attachment No. 1 to the amendment request dated September 10, 1987. 2. Protection of Air Quality A. Any burning due to land clearing for the mine area shall be approved by the Washington Regional Office. B. Fugitive dust emissions from mining, handling, transporting, and stockpiling of materials shall be minimized. C. Any mining process producing air contaminant emissions shall be subject to the permitting requirements and regulations promulgated by the Division of Environmental Management. 3. Protection of Water Quality A. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the Division of Environmental Management. B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. C. The following erosion and sediment control plan shall be implemented to accompany land clearing neat to Porter Creek and its associated wetlands. 1. Type 1 temporary sediment control basins shall be constructed pursuant to the design criteria outlined in "Guide for Sediment Control on Construction Sites" (U.S.D.A., 1979). r � . Page 4 of 11 V 2. Basins shall not be located closer than 25 feet upstream of any U.S. Army Corps of Engineers (COE) jurisdictional areas. 3. Sloping of basin dams shall be no steeper than 2.5 horizontal to 1 vertical. 4. Basins shall be cleaned out when the storage capacity exceeds one-half of the original design volume. 5. Silt fences shall only be used for temporary (less than 6 months) sediment control and shall not be used in areas of concentrated flow. 6. Access to all control structures, including silt fences, shall be provided to allow for maintenance and cleanout. 7. During land clearing operations a system of shallow ditches shall be constructed to intercept stormwater runoff and direct this water to the fresh water canal system for plant use and eventual permitted discharge into the Pamlico !fiver. 8. During the dredging and ore extraction phase, the sedimentation control mechanisms described in the sediment control plan shall be functional. Surface drainage and groundwater seepage into mine cuts shall be intercepted by: 1) the fresh water canal system, used in the benefication and processing of the ore and discharged as required; and/or 2) intercepted by the dredged water system, used by the dredge and/or permitted discharge into the Pamlico River. 4. Protection of Groundwater A. All laws, rules and regulations concerning contamination or withdrawal of groundwater shall be followed. B. Monitoring wells shall be installed as directed by the Division of Environmental Management Groundwater Section. Water from the wells shall be analyzed as determined by the Groundwater Section. 5. Compliance With Office of Coastal Management and U.S. Anny Corps of Engineers Any disturbance or restoration of wetlands and/or waterways shall be in accordance to the rules and regulations of Coastal Resources Commission and the U.S. Army Corps of Engineers (COE). Any areas under the jurisdiction of the Office of Coastal Management and COE shall be established and visibly marked prior to any land disturbing activities in that area. Page 5 of 11 6. `M 4 Protection of Adjacent Properties A. A natural buffer zone shall be preserved along the eastern shore of Porter Creek. B. The width of buffer strips adjacent to Durham and Porter Creeks shall be subject to Federal and State regulations concerning navigable waters and wetland areas. C. Sufficient buffer shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. D. Excavation shall not come within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other property without written modification to this permit describing how physical hazard to such features will be prevented. Waste Disposal A. Overburden: 1. The top 30-40 feet of soil and unconsolidated sands over the ore is removed by dredges and pumped to mined areas for reclamation. Beginning in mid-1988, this material shall be removed by a bucket wheel excavator (BWE) prestrip system. Use of dredges for removal of overburden shall be terminated by 1990. 2. The remaining 55-75 feet of unconsolidated material shall be removed by draglines and cast into previously mined areas in windrows. B. Processing Waste: 1. Rejects: Oversized phosphate pebbles and gangue materials in the ore matrix may be stockpiled in the vicinity of the mill area. This material is used by Texasgulf and N.C. Department of Transportation as road base material. 2. Sand tailings: The quartz sand from the ore matrix shall be pumped to mined areas (RI-R3) for backfill either alone or in a blend with gypsum and clay, or for other permitted uses such as blend dike construction. Page 6 of 11 V 3. Clay; The clay material from the ore matrix shall be pumped to the mined areas (R1-R3) for backfill either alone or in a blend with gypsum. Clay -only discharges shall not exceed 25% of the total time of any waste discharges into previously mined areas (R1-R3). Records documenting the amount of time of clay vs clay/gypsum blend discharges into mined areas (RI-R3) shall be maintained at the mine office and be available for review by Department personnel upon request. 4. Gypsum; During 1982-1991 a portion of the backfilled mine excavation area will continue to be used to stockpile gypsum (G-3,4,5; G-1; G-2; G-1). By 1992 a plan to blend all new clays and gypsum directly at the plants for permanent waste disposal/reclamation shall be submitted to the Department for review. 8. 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. 9. Surety The security which was posted pursuant to N.C.G.S. 74-54 in the form of $25,000.00 Blanket Bond is sufficient to cover the phosphate mine operation as indicated on 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. 10. 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. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 11. Archaelogical 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 7 of 11 V 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 term 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. 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 N.C. Agricultural Experiment Station and the N.C. 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, initiation of 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 for the 1982-1991 permit period shall be: 1) backfill the mine excavations to original elevation or higher; 2) stabilize waste disposal areas and settling ponds; and 3) revegetate all affected lands. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 8 of 11 M A. Reclamation of mined land and settling ponds will be accomplished in two phases: 1) physical restoration, and 2) revegetation. Physical restoration will be accomplished by 1) backfilling with dredged and/or BWE overburden, 2) backfilling with sand tailings from the flotation section of the mill, 3) clay disposal (from the mill) either as a topsoil conditioner or in impoundments, and 4) backfilling with a blend of sand tailings and/or gypsum, and mill clays. B. When an area has been filled by dredge and/or BWE overburden or sand tailings, dozers, pans and scrapers shall be used to shape the area to the desired contour. C. The blend of sand tailings and/or gypsum and clay tailings shall be hydraulically transported to diked areas and discharged. Some of these areas will be at existing ground elevation of +13 feet mean sea level (msl) and some will be diked to +37 msl. The surface gradient of the blend shall initially be determined by its slope at discharge. After drying, the material shall be contoured with conventional mining equipment. D. The goals of rehabilitating clay settling ponds at or associated with the Phosphate Operations are: 1) consolidate the clays to gain additional clay storage, and 2) once completely filled, commit these settling ponds as wildlife habitats (i.e. fresh water wetlands) or through research determine their suitability as agricultural or forestry sites. E. By July 1, 1988 and every six months thereafter Texasgulf Chemicals shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the following: 1). Charles Tract clay waste areas 2). Clay -Gypsum blend areas 3). Gypsum areas 4). Tailings areas 5). Other areas Each report shall include a specific plan and schedule for future reclamation and reclamation research. Texasgulf shall submit copies to the Department of its reclamation consultant's reports within one month of Texasgulf's receipt of the report. 3. Reve etation Plan A. The revegetat'lon plan is concerned with vegetating four basic soil mediae: 1. Native topsoil. Page 9 of 11 M 2. Dredged overburden mixed with clay slurry to raise the clay content to between 5-10% by weight in the 12-24 inches of the soil profile. 3. Sand tailings mixed with clay slurry to raise the clay content to between 5-10% by weight in the top 12-24 inches of the soil profile. 4. A blend of sand tailings and/or gypsum -clay. B. Once an area is covered with topsoil and ready for vegetating, the overall plan for each soil type is similar. Lime and fertilizers shall be applied as recommended by the soil test results. Seeding recommendations are as follows: 1. Dike slope 2:1 or 3:1 - September Seeding Rate (Pounds/Acre) 200 25 30 15 30 Type Kentucky 31 Tall Fescue Unhulled Bermudagrass Korean Lespedeza Unscarified Sericea Lespedeza Winter rye 2. Dike Slope 2:1 or 3:1 - April Seeding Rate (Pounds/Acre) 200 25 30 15 20 Type Kentucky 31 Tall Fescue Hulled Bermudagrass Korean Lespedeza Scarified Sericea Lespedeza Common Sudan Grass Areas seeded according to recommendation no. 1 or no. 2 shall be mulched with 3000 pounds/acre grain straw anchored by discing or tacking with asphalt. 3. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (Pounds/Acre) 40 4 20 jaee Kentucky 31 Tall Fescue Ladino clover Winter rye Page 10 of 11 v 4. Reclaimed Area -Flat or gently rolling - Spring Seeding Rate (Pounds/Acre) Type 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Common sudangrass Areas seed according to recommendation no. 3 or no. 4 shall also be mulched with grain straw and anchored by discing. Interspersed with grassed areas, various types of adapted tree species shall be planted for windbreaks and wildlife use. About 300 Sycamore and yellow poplar seedings have been set out in reclaimed soil, so far. Additional species such as Sweet gum, Red maple, Green ash, Bald cypress, European black alder and possibly White cedar will be planted in future years to provide a mix of hardwoods. It is anticipated conifers (i.e. pines) will come in naturally because of the adjacent pine forests. 4. Reclamation Schedule A. 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. B. Specific reclamation areas and schedules are as described in the following table taken from the 1987 Reclamation Status Report and referenced to the attached sketch entitled "Reclamation Area Plan" dated 1-1-88. Estimated Estimated Area Acres Fill Date Reclaimed Date Reclamation TXpe R-1 475 1988 1989 Variety of trees and grasses R-2 405 1989 1990 Variety of trees and grasses R-3 1,015 1992 1994 Variety of trees and grasses R-4 440 1995 1996 Variety of trees and grasses graduating into a bottomland hardwood and freshwater marsh area. Page 11 of 11 Y The attached map depicts these reclamation area locations with respect to the plantsite and the mining advance projection as of January 1, 1996. These reclamation areas have been renumbered to represent the planned sequence of blend disposal/land reclamation (eg. R-2 was formerly R-4). This Permit, issued July 20, 1972 and renewed July 30, 1982, was amended on March 29, 1985 and on April 8, 1988 pursuant to G.S. 74-52. BY:� Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development. 0 1/2 1 MILE SCALE AM`,Go R��ER r ru W -N- .. t i R-3 WATER RECYCLE LAKE 1 R-4 j R-5 1 � � 1 Reclamation Area Plan 1-1-88 LRP PLANT; -► 'SITE G-3,4,5 G-6 I V//&G-1 ' 7 wry 7 3t— �` sE��fry t'?Ivur-5-� 7: 0&N 1A1ccA4',W Draft Modifications to Mine Permit #7-1 6/20/BB 1. pekqa 4 og 11 3.0 7. During land clearing operations a system of �� ✓ shallow ditches shall be constructed to intercept stormwater runoff and direct this water to the an NPDES permitted discharge. IrStd/ilia/P��IIi'a'�/Rl:iet! 2. Page 4 of 11. 3. C. 8. During the d3044dfA4 Prestrip and ore extraction phase, the sedimentation control mechanisms described c/ in the sediment control plan shall be functional. Surface drainage and groundwater seepage into mine cuts shall be intercepted by: 1) the freshwater canal system, used in the benefication and processing of the ore and discharged as required;,and/or 2) intercepted by the dredged water system, used by the dredge and/or permitted KPDES discharge. 3. Page 5 of 11, 6. D. � v EA40.d 4f1d (1re-extraction shall not come within 300 feet of any neighboring dwelling house, church, �"� ✓ school, hospital, commercial or industrial building, public road or other property without written ��(/✓ modification to this permit describing how physical hazard -/tosuch feat/urees� will be prevented. '/"9 6 el YLt.r�H.� Ii�-!'T''Q'i/ Ir6iJ('rY4H.+-YET 4: Pa-ge 5 of 11.^7. A.I. / /✓ The u_2per unconsolidated a AgAdvi sediments over the ore are removed by dredges and pumped to mined areas for reclamation. Beginning in mid-1986, this material shall be removed by a bucket wheel excavator (BWE) prestrip system. Use of dredges for removal of overburden shall be terminated by 1990. 5. Pa e 5 of 11 7 A. 2. ✓ The remaining Bg�yS/teem/�i/+6 �S�d�f�mYl�i�ted �6-t ✓ RWt0tZgfI overburden shall be removed by draglines and cast into previously mined areas in windrows. 6.f Page 5 of 11, 7. B. 1. Rejecta: Oversized phosphate pebbles and gangue �n�tU materials in the are matrix may be stockpiled in the C� vicinity of the mill area. This material is us d by �" // Pcf / -2- Texasgulf and by State and local governmental bodies. 7. Paae 6 of 11, 7. B. 3. Clay: The clay material from the are matrix shall be pumped to the mined areas ( R1 -R3 ) for backfill either alone or in a blend with gypsum. Cla my dischargesa,�.� shall not exceed 25% of the total i'filizf--any--waste discharges into previously mined areas (RI-R3). Records documenting the amount of l y s`- clay/gypsum blend discharges into mined areas (R1-R3)'� JCu shall be maintained at the mine office and be available for review by Department personnel upon request. 8. Paae 6 of 11, 7. B. 4. Gypsum: During 1982-1991 a portion of the backfilled mine excavation area will continue to be used to stockpile gypsum (G-3, 4,5; G-1; G-2; G-Y 6),l�c, By 1992 a plan to blend all new clays and gypsum / directly at the plants for permanent waste disposal/reclamation shall be submitted to the Department for review. 9. rage 7 of 11, RECLAMATION CONDITIONS, 1. J Provided further, and subject to the Reclamatione.�I Schedule, the planned reclamation for the 1982-X991 //}}�,1.. 3 �+p j 1992 permit period shall be: 1) backfill the mine Po excavations to original elevation or higher . exceyt kaw---► as required for 2) stabliced waste du7Wposal areas and settling ponds; and 3) revegetate all affected lands. 10. Page 8 of 11, 2. C. The blend of sand tailings and/or gypsum and clay tailings shall be hydraulically transported to diked areas and discharge, Some of these areas will be at existing ground elevation i6t IAAZY and some will be diked up t sl. The me " surface gradient of the blend shall initially be determined by its slope at disc-arge. After drying, the material shall be contoure with conventional mining equipment. -3- Pace a of 11 2. -. y�.c. E_ As required for wetlands mitigation Projects. "e final elevations maw be below orLgi surface elevations. // V %4"d e, 't e? 12. Page 8 of _ 11. 7L� ,���� � rw,,.,►�-r���,'/�a.ceo�.�� By July 1, 19Be and" every six months thereafter Texasgulf aXdM9ddx0 inc. shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the fallowing: 1). Charles Tract clay waste areas 2). Clay -Gypsum blend areas 3). Gypsum areas 4). Tailings areas 5). Other areas r V' Each report shall include a specific plan and schedule for future reclamation and reclamation research. �Vv 74>idw4AYf/wwdIY/d4wMYt/dQ60x4A/tC/tM40/04 41if �2163K-f/61/ii�� yvl� r,4itIzfOdtIaSA/QQSVSd4YtW1gleYa/V%40(dr'td 4 1 f M x A 6046 / vidA t w / diVIP 703fAidddYf f�/�f���i�i 13. Pa e 9 of 11 3.8. / c j I °� a`'L 3 *4 JOnce an area is ready for vegetating, the overall plan for —each sail type is S�GJ similar. Lime and fertilizers shall be applied as recommended by the soil teat results. Page 9 of 11, 3.B.3. 3— Dike elope_ 2—:1 or 3: 1 rjf lU'' a�r`(AA` Rate (Pounds/Acre) Type 15 15 15 Pape _9 of 11. 3. B. 3._ Hulled Bermudagraes Kobe or Korean Lespedeza German millet 2/ 44 Reclaimed Area - Flat or gently rolling - Fall Seeding -4- 16. Paae 10 of 11, 3.B.4. v A/ S. Reclaimed Area - Fiat or gently railing - Spring Seeding 17. Page 10 of 11 3.B.6. 66. Reclaimed Area - Flat or gently rolling. v Rate (Pounds/Acre) Tvoe 15 Biennial- Sveetclover or equivalent legume OTexasgulf memo Date June 15, 1988 To Mr. D. J. Millman Location Dredging & Reclamation From W. R. Walker Location Dredging & Reclamation Subject Reclamation Work Accomplished and Planned for 1988 (Plantsite) Attached, you will find a written description of the reclamation work accomplished during the first half of 1988. Also attached are two support maps, BOG-049-142 and Reforestation. You will also find a written description of proposed reclamation for the last six (6) months of 1988 and a support map, BOG-049-143. If you have any questions or suggestions, please let me know. W. R. Walker Reclamation Engineer WRW:sc Attachments cc: Mr. D. B. Cayton Reclamation Work Completed during the First Six (6) Months of 1988 (January -June) Tree Plantin Several acres of trees were planted on previously reclaimed grass land. Twelve (12) acres of cotton wood were planted just west of the No. 5 gypsum pile. Twenty six (26) acres of slash pines were planted on three plots, and two (2) acres of jack pines were planted on a plot of dredge fill (see attached map of Lee Creek reforestation for detail). A two (2) acre mitigated area near the headwaters of Porter Creek was planted with several species of hardwood including bald cypress, green ash, and sycamore (see attached drawing No. BOG-049-142 for location). Grass Seeding Forty (40) acres of the R-1 dike were graded, seeded and mulched. Also, twelve acres along the outside toe of the R-1 dike were graded, seeded, and mulched. The seed combination used was Hulled Bermuda, German Millet, and Korean Lespedeza. Wheat straw was used as a mulch (see attached drawing No. BOG-049-142 for details of location). Proposed Reclamation Plan for the Last six (6) Months Period of 1988 (July -December) New Fill Areas Several acres of mined over area along Porter Creek will be filled with dredge fill. After grading these areas will be prepared and seeded (see attached drawing BOG-049-143 for location). R-1 Area By late June, 1988 fill should be complete in R-1. Due to unknown features in this area, we can only estimate what might be accomplished and when. Plans are to construct a network of surface drainage ditches by early to late December, 1988. This can only be accomplished by using a high flotation tractor with a Dondi "V" ditcher attached. Once these ditches have been established the portion of the surface area that is accessible will be disked and seeded with sweet clover as a first cover crop. R-2 Area Sometime in late June, 1988 the blend discharge will be diverted to R-2. It is estimated that the fill time on this area will be twelve months. ■ N U3 C C7 CD .3 tn I o P,4 AIL ! C O 'R IV" AI is AI�yl�l�i+^ ,:-•M, T�.'. 1% I _.TREE PLAWrAU w _ 2_ _ pkE SLOPE SEEDED rzmm _ _ BLEAW DISCHARQE AREA 0000 rrr- PLAt, T s�r� �� s �•�' a G. 6 am 11w - - I PAMLICO SLASH DURHAM CREEK LEE CREEK REFORESTATION DRAWN BY: S. L.W. DATE:4-15-88 0-6W G-002 4-14 -88 It 1 A4MLIC0 Rtiv'R pw 0% Is A T- D 3 1,14A 5 H e.. OROIoSEQ &A mac QF R-1 .. LAND PREPARATION I' SEEOINQ PROPOSED SEEDjAla OF R-i . BLEND DISCHARGE AREA 10 PLA T SITE � 4 OTexasgulf memo Date June 15, 1988 To Mr. D . J . Millman Location Dredging & Reclamation From W. R. Walker Location Dredging & Reclamation Subject Reclamation Work Accomplished and Proposed at the No. 1 Clay Pond for 1988 Attached you will find a written description of the reclaim work accomplished in the No. 1 clay pond during the first six (6) months of 1988. Also attached is a map (AOG-049-145) to support the description and also a sketch showing the location of the different tree species. Also attached, you will find a written description of the reclaim work planned for late 1988 (June -December) and a supporting map (AOG-049-144). If you have any questions or suggestions, please let me know. ---- Reclamation Engineer WRW:sc Attachments cc: Mr. D. B. Cayton Clay Pond No. 1. - Charles Tract Reclamation Work Accomplished During the First Six (6) Months of 1988 (January -June) and Supporting Maps #AOG 049-1.45 and Tree Planting (Attached) Area I Rodeo was applied twice to this two (2) acre plot in the summer of 1987. Wheat was planted as a winter cover crop and in early April, 1988, Green Ash were planted in the area. Preliminary indications show a very good stand of the seedlings living and control of phragmites from the rodeo application is very good. Only sporadic growth is evident and this will be eliminated in the summer of 1988. Area II In March, 1988, this area was disked by using a small John Deere crawler. After the disking, 6 ft. wide black plastic was installed as a weed controller against the phragmites. Bald Cypress and Sycamore seedlings were planted in the center of the plastic. This method could be used as an effective means of moderate control of phragmites, but due to the more complicated method of installation versus rodeo, the rodeo control method is recommended. Area III In March, 1988, this area was disked by using a small John Deere crawler. After disking, Sycamore, Green Ash, and Cottonwood seedlings were planted without a phragmite control protection. A good stand of seedlings have survived and the phragmites are being controlled by mowing between the rows. A total of approximately forty five (45) acres were planted with tree seedlings. The three different areas are being evaluated as to which method will be best suitable for good growth conditions. Preliminary indications lean toward the rodeo. - LEGEND ®-AREA 2 - RODEO APPLICATION ®-AREA Jr- BLACK PLASTIC ,4PPLI nom O-AREA ML-NATVRAL ENVIKoMe%T WiTN MOWING POND #? POND IV 3 i s aw r t f �PCND*SA AND 4A dO I�rr ��• _a . x000*�� NO AI POND J* f-A DRAWN • /pVM4f{ 01{IIATIOY. • �p spa Mad • AY.OY • 1.Orr{ 4.ipLlY • Texasgulf r•xasgWl �. DRAWING nna ND # 1 - OVAR[.6S TRACT m Nm DATE 6-l3- CNE sc" �•'� 2•� � RL mA MA nosy Wont AREAS ix/R 72R5— urRa ID sl MouTHS OF 198s .. �s O"_/4S m rSrro kG' TT . J ,, � ::fir' .! „ . _ '• ....- M +i ,t;;TrU AFF']FxS D5PA7Y-.. State of North Carolina Department of Natural Resources and Community Development Division of land Resources 512 North Salisbury Sweet a Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. W.A. Schimming Manager, Environmental Affairs Texasgulf Chemicals Company P.O. Box 48 Aurora, North Carolina 27806 RE: Permit #7-1 Beaufort County Dear Mr. Schimming: April 8, 1988 Stephen G. Conrad Director Your request to have Mining Permit No. 7-1 in Beaufort County amended has been approved. A copy of the amended permit is enclosed for your review. The conditions in the amended permit were based primarily upon the initial application. Modifications were made as indicated by the amendment request and as required to insure compliance with The Mining Act of 1971. I would like to bring to your attention that there are additional reporting requirements in the amended permit. Please refer to Operating Condition No. 7B(3) and (4) and Reclamation Condition No. 2E of the attached permit. Both of these relate primarily to reclamation activities at the mine site and waste area. The expiration date is the same as before the amendment. The mine name on the permit has been charged from Beaufort County Phosphate Mine to Lee Creek Mine as this is the name most commonly used in referring to this mining operation. At each of our meetings in August of 1987 you or Mr. Moffett noted that Texasgulf Chemicals Company had future intentions of requesting that the three existing mining permits (No. 7-1, 7-5, 7-13) be consolidated into one permit document. I believe this would be advantageous for all parties involved but it may take quite sometime to work out an acceptable permit document. For this reason, I recommend that we meet to discuss the procedure at your earliest convenience. The proposed relocation of Hwy 306 will come under Mining Permit No. 7-5. Prior to initiating the construction of the new road you are requested to submit an erosion/sediment control plan to Mr. Floyd Williams in our Washington Office for review and approval. You may contact him at (919) 946-6481 to discuss this matter further. P.0. Box 27687, Raleigh, Borth Carolina 27611-7687 Telephone 919-733.3833 An Equal opportunity Affirmative Action Employrr Mr. Schimming April 8, 1988 Page Z Please review the amended permit and advise this office should you have any question concerning this matter. Sincerely, Xomas E. Carroll, P.G. Mining Specialist Land Quality Section TEC/cft Enclosure cc: Mr. Floyd Williams, P.G. Mr. David Franklin Mr. Don Baker DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T 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 Regulation 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf Chemicals Company -Phosphate Operations Lee Creek Mine Beaufort County - Permit No. 7-1 for the operation of a Phosphate 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 of 11 in accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Community Development, 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 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. nPfinitinnc 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. Expiration Date This permit shall be effective from the date of its issuance until July 30, 1992. 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 3 of 11 OPERATING CONDITIONS Amendments to Mining Permit No. 7-1 incorporates modifications based upon: 1) the "TEXASGULF CHEMICALS COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR MINING PERMIT MODIFICATION REQUEST 1984-1991" and accompanying drawings submitted March 12, 1984, and 2) the amendment request dated September 10, 1987. 1. Permit Area The permit area for this mining permit shall include: 1) the areas indicated on the maps submitted with the "TEXASGULF CHEMICAL COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR PERMIT MODIFICATION REQUEST 1984-1991" and accompanying mine maps dated December 20, 1983 and the clay pond area map dated February 17, 1982 showing clay pond numbers 1, 2, 3, 4A, 4B and 5 and the map of clay pond no. 5 revised May 5, 1984; and, 2) the 550 acres delineated on Attachment No. 1 to the amendment request dated September 10, 1987. 2. Protection of Air Quality A. Any burning due to land clearing for the mine area shall be approved by the Washington Regional Office. B. Fugitive dust emissions from mining, handling, transporting, and stockpiling of materials shall be minimized. C. Any mining process producing air contaminant emissions shall be subject to the permitting requirements and regulations promulgated by the Division of Environmental Management. 3. Protection of Water Quality A. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the Division of Environmental Management. B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. C. The following erosion and sediment control plan shall be implemented to accompany land clearing next to Porter Creek and its associated wetlands. 1. Type 1 temporary sediment control basins shall be constructed pursuant to the design criteria outlined in "Guide for Sediment Control on Construction Sites" (U.S.D.A., 1979). Page 4 of 11 2. Basins shall not be located closer than 25 feet upstream of any U.S. Army Corps of Engineers (COE) jurisdictional areas. 3. Sloping of basin dams shall be no steeper than 2.5 horizontal to 1 vertical. 4. Basins shall be cleaned out when the storage capacity exceeds one-half of the original design volume. 5. Silt fences shall only be used for temporary (less than 6 months) sediment control and shall not be used in areas of concentrated flow. 6. Access to all control structures, including silt fences, shall be provided to allow for maintenance and cleanout. 7. During land clearing operations a system of shallow ditches shall be constructed to intercept stormwater runoff and direct this water to the fresh water canal system for plant use and eventual permitted discharge into the Pamlico River. 8. During the dredging and ore extraction phase, the sedimentation control mechanisms described in the sediment control plan shall be functional. Surface drainage and groundwater seepage into mine cuts shall be intercepted by: 1) the fresh water canal system, used in the benefication and processing of the ore and discharged as required; and/or 2) intercepted by the dredged water system, used by the dredge .and/or permitted discharge into the Pamlico River. 4. Protection of Groundwater A. All laws, rules and regulations concerning contamination or withdrawal of groundwater shall be followed. B. Monitoring wells shall be installed as directed by the Division of Environmental Management Groundwater Section. Water from the wells shall be analyzed as determined by the Groundwater Section. 5. Compliance With Office of Coastal Management and U.S:_ Army_Corps of Engineers Any disturbance or restoration of wetlands and/or waterways shall be in accordance to the rules and regulations of Coastal Resources Commission and the U.S. Army Corps of Engineers (COE). Any areas under the jurisdiction of the Office of Coastal Management and COE shall be established and visibly marked prior to any land disturbing activities in that area. Page 5 of 11 6. Protection of Adjacent Pro erties A. A natural buffer zone shall be preserved along the eastern shore of Porter Creek. B. The width of buffer strips adjacent to Durham and Porter Creeks shall be subject to Federal and State regulations concerning navigable waters and wetland areas. Sufficient buffernshall be maintained between any excavatio% and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. D. Exshall not come within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other property without written modification to this permit describing how physical hazard to such features will be prevented. 7. Waste Dis osal A. Overburden: i /1. The top 30-40 feet of soil and unconsolidated sands over the ore is removed by dredges and pumped to mined areas for reclamation. Beginning in mid-1988, this material shall be removed by a bucket wheel excavator (BWE) prestrip system. Use of dredges for removal of overburden shall be terminated by 1990. /D2 ) The remaining 55-75 feet of unconsolidated material shall be removed by draglines and cast into previously mined areas in windrows. B. Processing Waste: 1. Rejects: Oversized phosphate pebbles and gangue materials in the ore matrix may be stockpiled in the vicinity of the mill area. This material is used by Texasgulf and N.C. Department of Transportation as road base material. Z. Sand tailings: The quartz sand from the ore matrix shall be pumped to mined areas (R1-R3) for backfill either alone or in a blend with gypsum and clay, or for other permitted uses such as blend dike construction. Page 6 of 11 3. Clay: The clay material from the ore matrix shall be pumped to the mined areas (RI-R3) for backfill either alone or in a blend with gypsum. ClaYY�� only discharges shall not exceed 25% of the total ti f any waste discharges into previously mined areas (RI-R3). Records documenting the amount of time of clay vs clay/gypsum blend discharges into mined areas (R1-R3) shall be maintained at the mine office and be available for review by Department personnel upon request. 4. Gypsum: During 1982-1991 a portion of the backfilled � mine excavation area will continue to sed to stockpile gypsum (G-3,4,5; G-1; G-2;l1�) By 1992 a plan to blend all new clays and gypsub['directly at the plants for permanent waste disposal/reclamation shall be submitted to the Department for review. 8. 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. 9. SuS retY The security which was posted pursuant to N.C.G.S. 74-54 in the form of $25,000.00 Blanket Bond is sufficient to cover the phosphate mine operation as indicated on 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. 10. 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. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 11. Archaelo ical 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 7 of 11 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 term 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. 3. A11 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 N.C. Agricultural Experiment Station and the N.C. 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, initiation of 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 clamation Schedule, the planned reclamation for the 1982-19ermit period shall be: 1} backfill the mine excavations to original elevation or higher; 2) stabilize waste disposal areas and settling ponds; and 3) revegetate all affected lands. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 8 of 11 A. Reclamation of mined land and settling ponds will be accomplished in two phases: 1) physical restoration, and 2) revegetation. Physical restoration will be accomplished by 1) backfilling with dredged and/or BWE overburden, 2) backfilling with sand tailings from the flotation section of the mill, 3) clay disposal (from the mill) either as a topsoil conditioner or in impoundments, and 4) backfilling with a blend of sand tailings and/or gypsum, and mill clays. B. When an area has been filled by dredge and/or BWE overburden or sand tailings, dozers, pans and scrapers shall be used to shape the area to the desired contour. C. The blend of sand tailings and/or gypsum and clay tailings shall be hydraulically transported to diked areas and discharged. Some of these areas will be at existing ground elevation of +13 feet mean sea level (msl) and some will be �-� diked to +37 msl. The surface gradient of the blend shall initially be determined by its slope at discharge. After drying, the material shall be contoured with conventional mining equipment. D. The goals of rehabilitating clay settling ponds at or associated with the Phosphate Operations are: 1) consolidate the clays to gain additional clay storage, and 2) once completely filled, commit these settling ponds as wildlife habitats (i.e. fresh water wetlands) or through research determine their suitability as agricultural or forestry sites. E. By July 1, 1988 and every six months thereafter Texasgulf Ba shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the following: 1). Charles Tract clay waste areas 2). Clay -Gypsum blend areas 3). Gypsum areas 4). Tailings areas 5). Other areas Each report shall include a specific plan and schedule for future reclamation and reclamation research. Texasgulf shall submit copies to the Department of its reclamation consultant's reports within one month of Texasgulf's receipt of the report. 3. Revegetation Plan A. The revegetation plan is concerned with vegetating four basic soil medias: 1. Native topsoil. Page 9 of 11 2. Dredged overburden mixed with clay slurry to raise the clay content to between 5-10% by weight in the 12-24 inches of the soil profile. 3. Sand tailings mixed with clay slurry to raise the clay content to between 5-10% by weight in the top 12-24 inches of the soil profile. / 4. A blend of sand tailings and/or gypsum -clay. B. Once an area is covered w;UUNt-6VA bland ready for vegetating, the overall plan for each soil type is similar. Lime and fertilizers shall be applied as recommended by the soil test results. Seeding recommendations are as follows: 1. Dike slope 2:1 or 3:1 - Se-pt-ember Seeding Rate (Pounds/Acre) Type 200 Kentucky 31 Tall Fescue 1' 25 Unhulled Bermudagrass �V 30 Korean Lespedeza 15 Unscarified Sericea Lespedeza u� 30 Winter rye SP/1r��1�u�a.�rr fry C ' 1 2. Dike Slope 2:1 or 3:1 - Aprfl Seeding Rate (Pounds/Acre) Type 200 Kentucky 31 Tall Fescue 25 Hulled Bermudagrass 30 Korean Lespedeza 15 Scarified Sericea Lespedeza 3 `fl 20 Common Sudan Grass Areas seeded according to recommendation no. 1 or no. 2 shall be mulched with 3000 pounds/acre grain straw anchored by discing or tacking with asphalt. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (Pounds/Acre) "Type 40 Kentucky 31 Tali Fescue 4 Ladino clover 20 Winter rye Page 10 of 11 �f Reclaimed Area -Flat or gently rolling - Spring Seeding Rate (Pounds/Acre) Type 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Common sudangrass Areas seecOaccording to recommendation no (3,,or no. 4)shall also be mulched with rain straw and anchored by discing. Interspersed with grassed areas, various types of adapted tree species shall be planted for windbreaks and wildlife use. About 300 Sycamore and yellow poplar seedings have been set out in reclaimed soil, so far. Additional species such as Sweet gum, Red maple, Green ash, Bald cypress, European black alder and possibly White cedar will be planted in future years to provide a mix of hardwoods. It is anticipated conifers (i.e. pines) will come in naturally because of the adjacent pine forests. 4. Reclamation Schedule A. 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. B. Specific reclamation areas and schedules are as described in the following table taken from the 1987 Reclamation Status Report and referenced to the attached sketch entitled "Reclamation Area Plan" dated 1-1-88. Estimated Estimated Area Acres Fill Date Reclaimed Date Reclamation Type R-1 475 1988 1989 Variety of trees and grasses R-2 405 1989 1990 Variety of trees and grasses R-3 1,015 1992 1994 Variety of trees and grasses R-4 440 1995 1996 Variety of trees and grasses graduating into a bottomland hardwood and freshwater marsh area. Page 11 of 11 The attached map depicts these reclamation area locations with respect to the plantsite and the mining advance projection as of January 1, 1996. These reclamation areas have been renumbered to represent the planned sequence of blend disposal/land reclamation (eg. R-2 was formerly R-4). This Permit, issued July 20, 1972 and renewed July 30, 1982, was amended on March 29, 1985 and on April 8, 1988 pursuant to G.S. 74-52. BY: S�"f , Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development. 4 1/2 1 MILE MEOW 8CALE ,p PLANT; -r ' SITE G-3,4,5 G-6 I V//Y%G- t / R-3 WATER RECYCLE LAKE 00, 010, I ` R-4 1 R-5 ` � i Reclamation Area Plan 1-1-aG L HP I Land Quality Section Memo ate• 91 t'W9 Time: To: .., n!Zr= 6-74f 9�> KP4e a�L,- /ss0 :- Does v v fx--)4 �... 70 c 1)o 4 X/O 4,e Lc - Division of Land Resources, North Carolina Depuvnent of Natural Resources and Cummunky Develupment � �w } �µ r --� - - - - - - - - - -- _--- -- --_ - ___ - . - -- ___ -�--- -� -� - -- _- --- w- - r -- -- _ .. _.. .... -- ----- -- - ---------. - __ � __.._.. _ - -- -w---- ---- - - -- - - __ _ _ - - - .+.---- - - .. .i E ,•, � ' := , 1 ... --- -� - - --- - ------ :- ----- --- -_ --- � - - _.. - - _ - __ ._. I - -- _ _. _ _ _..-- --.-- w_. �_ - - � - -------�- - - -• --- --- � � ,��_ _ _ .I _ __ _ _ _ - _ _ _ � _�_ _ ...._ _ _ _ __ _ _ _ _ _ -- - ._. . _ _ �. _.. _ _ _ r_ . _ _ ._ - __ _ _ -__ - _ _ _ _ __. _ _ r __..._...__.. -._ __ - .. _._._____ �__ _r _ ._.._-.___..__._.. ___ __.-�.-�-. _ � _.� ___.. .. ..� ._ __.. State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary January 20, 1989 MEMORANDUM TO: Don Baker FROM: Jim Sins SUBJECT: Texasgulf Blend Dike (R--3) Beaufort County Stephen G. Conrad Director Thank you for your ccarments dated January 17, 1989 for the Texasgulf R-3 Dike. The construction of the blend dikes at Texasgulf is somewhat different than our usual dam construction. The'long range plans for the location and reclamation of the blend dikes falls under the mining permit. All land disturbance for R-3 construction is on previously mined land with no wetland or other undisturbed land involved. The sequence of dike construction using hydraulic fall and later shaping the outer slopes'does not lend itself easily to incremental reseeding. However, the entire dike disturbance should drain into a network of ditches which discharge through a NPDES permitted and monitored outlet. Consequently, we have not had the problems with offsite sedimentation with construction of the blend dikes that occurred at the clay ponds across South Creek. At this point, the blend areas are considered permanent storage. 1 don't know how feasible it is to store all the blend to original contour. 'Considerable more land surface would have been' used. Texasgulf is doing research to determine how best to reclaim these blend storage areas. They have indicated that they are'open to suggestions. Tom Carroll, Mining Specialist can give more details on the approved reclamation plan. JDS:se cc:. Mr., Tom Carroll, P.G. Mr. Floyd Williams P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733.3833 An Equal Opportunity Affirmative Action Employer T"exasgulf pays $1 million fine Record settlement :nds pollution case By TOM MATHER Staff writer Texasgulf Inc. has paid the state $1 million to settle air -pollu- tion fines levied against its Beau- fort County fertilizer plant. "This is the largest environ- mental settlement in North Caro- lina history," said Don Follmer, spokesman for the state Depart- ment of Natural Resources and Community Development. The settlement, announced Monday, resulted from a $5.7-mil- lion fine assessed against Texas - gulf in December 1986. The settlement covers 1,724 al- leged violations of air -pollution laws from 1983 through 1986. Texasgulf operates an open -pit phosphate mine and a fertilizer manufacturing plant at a 3,000- acre site on the south shore of the Pamlico River.. The state has cited the company for numerous air and water pollution violations in recent years. State officials routinely reduce the amounts of environmental fines when accused violators co- operate with investigations and agree to install pollution -control equipment. "The reason we negotiated'this out is that we were looking at probably another five to six years of litigation, at great expense to the. state," Mr. Follmer said. "The department feels that over those [past] three years, Texas - gulf has made a concerted effort to be a good environmental citizen and protect the natural resources in. the area that they operate in." Texasgulf spokesman J. Ran- dolph Carpenter said in a tele- phone interview, "Through this agreement, both parties are ex= pressing a sincere interest to have this matter resolved and to be able to concentrate their efforts on the future." As part of negotiations with the state, Mr. Follmer said, the com- pany has installed more efficient scrubbers -that remove pollutants from its air emissions. In addition, he said,.the state took into. account the, company's voluntary agreement to install a waste -recycling system that should remove at Ieast 90 percent of the phosphorus and other pol- lutants that Texasgulf now dis- charges into the Pamlico River. Despite the reduction of the fine; environmentalists credited the penalty with prompting Tex- asgulf to replace its top managers at the plant and to change its approach toward environmental issues. "I'm pleased that there's a settlement," said William E. Hol- man, a lobbyist for the Sierra Club and the Conservation Council of North Carolina. "I think the fine was helpful in shaking up the company's management and bringing in a new team. I'd be a 'lot more upset about the reduction in the fine •had there not been a See TEXASCULF, page 5A Rep. Thomas S. Foley, shown PAC contributions and third to the right of Rep. William H. Gray III, ra in keeping speaking fees for personal use fees, which are paid by corpora- tions and other groups, and Mr. Foley kept $28,750. Moreover, among all House candidates last year, Mr. Michel's campaign took in the most from political action committees, $558,417, followed by Mr. Foley, who collected $555,142. PACs that contributed the maxi- mum $5,000 to Mr. Michel's cam- paign included those sponsored by the American Bankers Associa- tion, the American Dental Associ- ation, McDonnell Douglas Corp. and the Association of Trial Law- yers of America. Among the $5,000 donors to Mr. Foley's campaign were commit- tees affiliated with the National Association of Home Builders, the' Chicago Mercantile Exchange,. the National Association of Real- tors and the Sheet Metal Workers International. Mr. Foley also stands to be one of the largest beneficiaries of a section of the federal election law that allows House members in office before January 1980 to pocket leftover campaign money when they leave office. By the end of 1988, Mr. Foley had $587,378 in his campaign account, the 15th-largest sum among House candidates. He could take that money with him when he retired, assuming it was not spent on future campaigns, but it would be considered taxable income. Mr. Michel had $115,375 deft over last year. Mr. Foley has indicated he will not claim any of his leftover campaign money upon retire- ment, said his spokesman, Jeffrey R. Biggs. Mr. Michel also "has no inten- tion" of keeping any excess mon- ey, said Michael S. Johnson, his chief of staff. The House members seeking leadership positions have been able to attract large contributions not just because of their money - raising prowess but because they are veteran members who hold influential leadership posts or committee assignments. Political action committees tend to support incumbents in positions of influence on the issues they care about. Aides to Mr: Michel and Mr. Foley said the lawmakers' suc- cess in soliciting PAC money and speaking fees should not hinder their moves to change the system. In fact, Mr. Michel's ability to ran second in the House in last year raise money makes him "proba- bly the ideal guy to propose the changes" because of his intimate knowledge of the system, his chief of staff said. Mr. Foley's spokesman said the lawmaker thought "there is noth. ing inherently venal" about his large receipts from interest groups. Among other candidates, Mr. Gephardt kept $26,850 in speaking fees last year and gave the rest to charity. Rep. Ed Jenkins of Geor- gia, his competition for the major- ity post, kept $25,000. Mr. Gephardt collected $292,224 from PACs for his House race last year, while Mr. Jenkins took in $310,898. Hopefuls for the post of whip, the No. 3 job in Democratic leadership, kept these amounts in speaking fees last year: Mr. An- thony, $26,850; Rep. David E. Bonior of Michigan, $26,849; Rep. Henry A. Waxman of California, $26,021; and Rep. William H. Gray III of Pennsylvania, $24,100. Those lawmakers received these amounts from PACs for their 1988 campaigns: Mr. Antho- ny, $380,792; Mr. Gray, $377,752; Mr. Bonior, $329,488; and Mr. Waxman, $257,841. Texasgulf pays line to end case Continued from page I change in management.'.' F R. Paul Wilms, director of the state Division of Environmental Management, accepted the com- pany's $1 million settlement offer Friday, plus $1,907 for investiga- tive costs. The settlement also was signed by Texasgulf's presi- dent, Thomas J. Wright. The settlement document says that "both parties believe that a settlement of all air permit and air act compliance issues now, outstanding and unresolved would be in the interest of justice and consistent with a desire by the parties. to cdncentiaW do future efforts-td ensure proper -.manage ment. of -air .emissions at Texas - gulf's operations in North -Caro lina." In the .document, the 'state. ac- . knowledged that `'this; settlement does not represent an admission of liability or guilt by: Texasgulf for any violation." The document also 'states that investigations have "revealed no identifiable. harm occurring to the environ- ment or 'to human health as a result of the alleged violations." The $5.7 million fine was the largest civil penalty'ever levied by the state. That assessment charged that the company altered pollution control equipment with- out notifying state cnvironmental officials. :Trt The company's removal�gf packing materials from scruii0is •in its fertilizer plant was the in�rst +seiious violation in the origintil penalty assessment, officials -have said. Without the scrubbers func- tioning .i$roperiy, the plant re- leased fluoride and sulfur dioxide 'fumes that violated air quality standards. ;-1 e. The company appealed the fine, and the slate's. chief administra- tive law judge last year issued non-binding opinion that could have reduced the penalty'Jo $20,000 or less if upheld by the state Environmental Manage: ment Commission. Treua Jones contributed to -this report. �;1 *Texasgulf :�� �1U Co. P.O. Box 48 Aurora, North Carolina 27806 May 5, 1988 A Division of Texasgulf Inc. Charles H. Gardner Division of Land Resources North -Carolina Department of Natural Resources and Community Development P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: Phosphate Operations (919) 322-4111 oy I was glad that I had the chance to meet and talk with you at the Mining Commission meeting last Wednesday. I hope to attend more Commission meetings in the future, to keep informed of issues we should be aware of. This letter is to inform you of a change in the mixture of species we are going to use to seed the R--1 dike slope. After consultation with Dr. Woodhouse, we have decided to plant 15 lbs. /acre of German millet, 15 lbs. /acre of Bermudegrass, and 15#/acre of Kobe lespedexe. We feel that this mixture will give us the best stand of vegetation to control erosion on the dike. It is our intention to have the seeding of the R-1 dike finished by the end of June. You mentioned at the Commission meeting that you would like to visit Texasgulf in the near future. Possibly you could schedule a trip in conjunction with Floyd Williams' next round of dike inspections. By that time we should have a good growth of vegetation on the R-1 dike. Again, it was nice meeting you, and I look forward to working with you in the future. Sincerely, 1�1' 7afAgM v ffrey C. Furness Environmental Scientist JCF/re cc: T. J. Regan, Jr./G. W. A. Schimming J. M. Hird P. J. Moffett D. J. Millman Dr. W. W. Woodhouse Floyd Williams 00-14-000 12-04-001-13 W. Whitaker, Jr. NVA t6 \ � � �. ..\�. ® Texasgulf Chemicaisco. A Division of Texasgulf Inc. P.O. Box 48 Aurora, North Carolina 27806 Phosphate Operations (919) 322-4111 February 24, 1988 �Ai i lq,,, f North � 8 Resources oand aDepartment Natural Community Development Land Quality Section P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Attention: Mr. Charles H. Gardner Chief, Land Quality section Gentlemen: Enclosed are the 1987 Annual Reclamation Reports for Mining Permits Nos. 7-1, 7-5, and 7-13 which cover.Texasgulf Inc's Lee Creek Phosphate Mine. A supplemental report has also been included which highlights particular actions Texasgul€ has taken to improve mined land reclamation progress. Please advise should you have questions concerning this information. Sincerely, a�Z r W. A. Schimming Manager, Environmental Affairs WAS:sc Attachments Supplemental Reclamation Report Texasgulf Inc. Phosphate Operations Lee Creek, N. C. P. J. Moffett Long Range Planning February 24, 1988 1987 Reclamation Status -Report Introduction This report presents Texasgulf's status on land reclama- tion in North Carolina. Texasgulf's accomplishments and goals in regard to reclamation, current status, planned reclamation schedule, and projected status enhancements are discussed. The status of mining and land reclamation activities has been updated as of January 1, 1988. This report is supplemental to the standard statistical information and mapping requirements and primarily addresses the activities which have occurred under Texasgulf's Mining Permit 7-1. Statistics regarding activities under Mining Permits 7-5 and 7-13 (previously NCPC) are documented on appropriate forms and are attached. General Discussion Blend System A complex materials handling and storage system is asso- ciated with the mining of phosphate and handling of the by-products created from the milling and chemical pro- cessing of phosphate rock. Historically the phosphate industry has been faced -with the disposal of mill clays and their stabilization; large storage areas and twenty plus years (after filling) are normally required before a clay pond can be properly reclaimed. Essentially, one acre of mined land generates one acre of clay storage. The creation of by-product gypsum in the fertilizer manufacturing process produces the dilemma of whether to store this material on reclaimed land or on remote, yet unmined phosphate reserve lands. Texasgulf has undertaken the challenge to resolve these industry -wide disposal requirements and is in the process of developing a unique solution. A system of blending these two wastes has been developed with the first production scale operation initiated in 1985. The resulting gypsum/clay blend yields a sound reclamation base; the material consolidates rapidly and demonstrates unique soil characteristics which readily support a variety of grasses and trees. A potential to enhance land reclamation timing has been established. More importantly, the need to consume new lands for separate clay and gypsum storage has been eliminated. However, in order for Texasgulf to initiate this innovative land reclamation process, the initial blend storage areas had to be located on previously reclaimed land. The primary concerns which dictated this situation were (1) the dredge/dragline mining method and (2) the "learning curve" for the blend volumetries on a production scale basis.. The dredging operation utilizes a recycle water system whereby overburden is removed in the Lead production area and is transported via slurry pipeline to -a mined over area where it is spoiled; clear water is then returned to the production area for reuse. Blend disposal into the existing dredge reclaim lake projected a waste material storage/production system imbalance; this encroachment could have impacted both the production and safety of the mining operation. Therefore, a cautious approach was dictated to avoid an emergency situation which would require reverting to individual clay and gypsum storage. Nevertheless, raising the land elevation is desirable in that it provides an opportunity to reclaim the land to a varying topography and a variety of land uses. BWE system Texasgulf has also undertaken a major change in mining methodology. The implementation of a bucket wheel excavator (BWE) prestrip system is scheduled for mid-1988. The successful operation of this "dry" overburden removal system will lead to the utilization of a BWE/dragline mining method in lieu of the dredge/dragline method. All dredging operations are projected to be completed by 1990. The elimination of the dredge water recycle system, in combination with the gypsum/clay blending operation, should allow a reduction in the inherent reclamation lag time to about 5 years. This reductiion will not happen immediately but should occur within the next 8 years. 3 Pile Blending/Direct Blending Although most of the gypsum remains an individual storage pile operation initially, it is later blended with the mill clays as part of the 3 gypsum pile balance system which has been incorporated into the current waste material storage/reclamation plan. Texasgulf is now blending a portion of the gypsum directly at the plant; the long range goal is to blend all new clays and gypsum directly at the plants and eliminate even the 3 pile mode of operation. However, some emergency gypsum storage capability must be retained for instances of blend system downtimes (repair or maintenance of equipment and mine/mill operating delays - no clays). Water Recycle System In addition to attacking the problems associated with waste material storage and reclamation, Texasgulf is addressing the feasibility of waste water recycle systems to minimize effluent water discharges to the Pamlico River. A water recycle lake which would function as part of the ongoing operations is required; this complexes reclamation strategies but does not deter them. Current Reclamation Status „i1-1-8A) 1. Mined Area (adjacent to Plantsite) Area affected by mining = 3,335 acres Active mining area - 600 Active backfill area - 745 Gross area reclaimed = 1,990 acres Area "reimpacted" �- 11255 Net area reclaimed = 735 acres 2. Charles Tract Clay Pond Acres Status 1 715 Reclamation in progress 2 165 Idle (95% filled) 3 190 Idle (filled) 4-A 240 Idle (filled) 4-B 265 Idle (filled) 5-A 215 Idle (10% filled) 5-B 325 Idle (<5% filled) 1 Includes unmined plugs left within perimeter boundaries of mining activities 2 Gypsum Piles (3 pile system) @ 375 acs. (formerly gypsum piles #3, 4, 5, and #6) Blend Area #1 @ 475 acs. Blend Area #2 @ 405 acs 1,255 acs. 3 Pond areas defined by dike centerlines Planned Land Reclamation Schedule (1988-1995) The following tabulation'depicts planned reclamation activities for the area affected by mining operations adjacent to the plantsite during the next eight years. Estimated Estimated Area Acres Fill Date Reclaimed Date Reclamation Type R-1 475 1988 1989 Variety of trees and grasses R-2 405 1989 R-3 1,015 1992 R-4 440 1995 1990 Variety of trees and grasses 1994 variety of trees and grasses 1996 Variety of trees and grasses graduating into a bottomland hard- wood and fresh water marsh area. A map is attached which depicts these reclamation area locations with respect to the plantsite and the mining advance projection as of January 1, 1996. These eclamation areas have been renumbered to represent the planned sequence of blend disposal/land reclamation (eg. R-2 was formerly R-4). Also attached is a graph which depicts the current mined land reclamation status along with the projected reclamation status as of January, 1996. Reclamation timing enhancements are evident. Summary Texasgulf is conscious of the timing constraints associated with reclamation of phosphate mined lands and has taken an aggressive - approach to overcome this industry -wide situation. in addition to utilizing in-house personnel, Texasgulf has contracted the services of several consultants whose expertise will aid in the development of an environmentally balanced reclamation program. 0 1/2 1 MILE L i . SCALE P AMoGG A��EFI rQ ac W R-3 „�;^. G-3,4,5 G-6 SITE ems` Y i i Reclamation Area Plan 1-1-88 LRP 5000 a 0 4000 F-- a 0-- �w 3000 wa a� v z 2000 a J 2 ❑1 TEXASGULF INC LEE CREEK PHOSPHATE OPERATIONS Q GYPSUM STORAGE CURRENT PROJECTED (1-1-88) (1-1-96) +A�.�.., State of North Carolina Department of Natural Resources & Community Developed* , Division of Land Resources. Land Quality Section �0 1 �j9 qjcgg ANNUAL R E C L A M A T ION REPORT F�,l`O/1/ North Carolina General Statutes 74-55 and the Mining Regulations require -that "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." PLEASE PRINT OR TYPE Name of Mine -Lee'-Creek-. County :.Beaufort Permit Number 7-1 Name of Company/Owner Texasgulf C e i 1 Co. - Ehognhate Operations Official Mailing Addressp, 0, Box 48, Aurora, N, C, _ Zip Code Telephone (919) 32Z-4111 __ Check if change of address or telephone 1. (a) If mine is now inactive, when did mining stop? Date _ _N/A (b) Is this stoppage permanent? Yes No. 2. List by category the total amount of new land affected by mining activities in the 1987 calender year and locate each area on your updated mine map. (A) TAILINGS PONDS: �� acres. (D) MINE EXCAVATION: acres. (B) WASTE PILES: 0 acres. (E) PLANT AREA: 0 acres. (C) STOCKPILES: 0— acres. Check here if no new acreage affected in 1987. 3. Estimate by category the amount of new acreage to be affected by mining activities in the 1988 calender year and locate the outline of each area on your updated mine map. (A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION: 236 acres. (B) WASTE PILES: acres. (E) PLANT AREA: __n____ acres. (C) STOCKPILES: acres. Check here if no new acreage is to be affected in 1988. 4. List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 1987 calender year. (A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION: 1750 acres. (B) WASTE PILES: 3080 acres. (E) PLANT AREA: RFs_ acres. (C) STOCKPILES: 0 acres. (CONTINUED ON REVERSE SIDE) 5. List hey category the amount of land that has been completely reclaimed in 1987 send is not subject to continued use in future mining related activiities. Briefly describe the reclamation work conducted and indicate if yom,wish to have any of these areas released from your current bonding requimmments. Accurately locate the outline of all such areas on your updatmd mine map. (A) 7TIAILING PONDS: acres. Explain: .. Release Requested: Yes No (B) WASTE PILES: acres. Explain: (C) $TOCKPILES: (D) 11E= EXCAVATION: (E) P`}LANT AREA Release Requested: Yes No _ acres. Explain: Release Requested: Yes No acres. Explain: Release Requested: Yes No acres. Explain: Release Requested: Yes No X Quack here if no reclamation conducted in 1987. Person reaLmonsible for reclamation (please int) : W. A /A?)' Signature cif company officer or owner: r--- Title: V Fyn Date: `Z�� �(;2� Complete amd return by February 1 two copies of this form along with two copies of an updarred mine map to: Land Quali" Section D-NRCD P.O. Box 2M87 Raleigh, NX. 27611-7687 FAILURE TO )FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF CIVIL PE14AL9TIES AND COULD EVEN RESULT IN THE REVOCATION OF YOUR MINING PERMIT. MINE PERMIT 7-1 ANNUAL RECLAMATION REPORT STATISTICS Permitted Areas Mine excavation Plantsite 4678 acres 980 acres Charles Tract (clay storage area) 2342 acres 8000 acres Affected Acres Mine excavation 3335 acres Plantsite 865 acres (processing plants, 980 acres office buildings,etc.) 115 acres (gypsum storage)- �t� s Charles Tract [r�. ( �c-Ds� z? 2280 acres 6595 acres Reclaimed Areas CMine Plan 735 acres tsite 0 acres Charles Tract (dikes only) 165 acres 900 acres * Note: No acres have been released by the department. Waste Pile Storage On mined out land - Blend storage 475 acre s - Gypsum piles #3, 4, & 5 250 acres° - Gypsum pile #6 125 acres On plantsite - Gypsum pile #1 40 acres 1( - Gypsum pile #2 75 acres% Charles Tract 2115 acres 3080 acres �-ST State of North Carolina Department of Natural Resources and Community 4.9 tillc� Development '0ti Northeastern Region 1424 Carolina Avenue, Washington, North Carolina 27889 James G. Martin, Governor S. Thomas Rhodes, Secretary Mr. William A. Schimming Environmental Affairs Manager Texasgulf Chemicals Company P.O. Box 48 Aurora, North Carolina 27806 Dear Mr. Schimming: Lorraine G. Shinn Regional Manager DIVISION OF LAND RESOURCES LAND QUALITY SECTION April 27, 1988 On April 19, 1988, an inspection was made of Texasgulf's Lee Creek Mine (Permit #7-1) in Beaufort County, as required by G.S. 74-56 of the Mining Act of 1971. The following people were involved in the mining inspection: Don Franklin Texasgulf Jeffrey Furness Texasgulf Tom Carroll State Mining Specialist Tracy Davis Asst. State Mining Specialist Harry Bailey Land Quality Section Washington Regional Office Floyd Williams Land Quality Regional Engineer Washington Regional Office We were pleased to see efforts being made to provide a vegetative ground cover on the outside slope of R-1 blend dike; the stabilization work accomplished near the weir of the main outlet canal; the completed drainage work near the barge slip; and the continued work being accomplished in efforts to reclaim clay pond #1. The Land Quality Section intends to make at least four inspections per year of active mining areas at the Lee Creek operation, RO. Box 1507, Washington, North Carolina 27889-1507 Telephone 919-9466481 An Equal Opportuniry Affirmative Action Employer Mr. William A. Schimming Environmental Affairs Manager Texasgulf Chemicals Company April 27, 1988 Page 2 We appreciate Don Franklin accompanying us during the inspection and his continued efforts in ensuring that mining activities are consistent with requirements of the Mining Act of 1971. If we can be of assistance, please feel free to contact us. Sincerely, Floyd R. Williams, C.P.G.S., P.G. Regional Engineer FRW:mgr cc: Tom Carroll, State Mining Specialist Don Franklin, Environmental Officer, Texasgulf Chemicals Co. MINE INSPECTION REPORT Land Quality Section 1. Operator: 2. Mine Name '/0.Q.f 3. County:Ged,.A 4, ID site permitted? Yes—/lvo 5. Permit No.�� 6. Person(s) Con acted: n2pj 7. Was mine operating at time of inspection? Yes No_ 8. Pictures? Yes�No_ 9. Date Last Inspected :/'2?/ff10. Any mining since last inspection? Yes/No 11. If mine is npt under permit cite evidence of recent mining activity: 12. Are public safety provisions in compliance with the permit? Yes No 13. Is the mine in compliance with the Operating Conditions of the permit? YesjelNo If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the permit? Yes_j If no, explain: 15. Did any of the above deficiencies result in offsite sedimentation? Yes No If yes, what measures are needed? /i% Aa 16. Is the Annual Reclamation Report and map accurate? Yesj,,/No If no, explain: 17. Other recommendations and comments: :.�a - 4,061 '? }y�e,�+�" 18. Follow-up inspection needed? Yes No V Proposed date: 19. Copy of report sent to operator? Yes_/_/_ No No. of add'1 pages (date) INSPECTED BY: /��.4.p��. DATE: State of North Carolina . Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street o Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary April 1, 1985 Director 0 Mr. Don F. DeLong Texasgulf Chemicals Company P.O. Box 48 Aurora, North Carolina 27806 Re: Mining Permit No. 7-1 Modifications Dear Mr. DeLong: The modifications to your mining permit requested in your letter of March 12, 1984 have been granted and are reflected in the enclosed amended permit. The modification request basically included changes in the mining and reclamation schedule and a provision to place a blend of gypsum and clay directly into mined areas as a part of the reclamation program. The modified permit has incorporated these changes as well as recommendations of the Department's Ground Water Section and Office of Coastal Management. Please review the amended permit and advise should you have any questions concerning the conditions. Very truly yours; Stephen G. Conrad SGC/JS/cj Enclosure cc: Floyd Williams (w/enclosure) P.O. Box 27687, Raleigh, North Carolina 27611-7687 Tclephone 919-733.3833 An Eaual O000rttmiry Affismarive Actinn Emolover DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION R E N E W A L P E R M I T (Amended March 29, 1985) 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 Regulation 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf Chemicals Company -Phosphate Operations Beaufort County Phosphate Mine Beaufort County - Permit No. 7-1 for the operation of a Phosphate 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 of 11 In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Community Development, 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 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. nafinifinnc 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. Conditions The permitted mining operation shall not violate standards of air quality, surface water quality, or ground water quality promulgated by the Environmental Management Commission. This permit shall be effective from the date of its issuance until July 30, 1992 and 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 3 of 11 OPERATING CONDITIONS This amendment of the mining permit no. 7-1 incorporates permit modifications based upon "TEXASGULF CHEMICALS COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR MINING PERMIT MODIFICATION REQUEST 1984-1991" and accompanying drawings submitted March 12, 1984. 1. Permit Area The permit area for this mining permit shall include the areas indicated on the maps submitted with the "TEXASGULF CHEMICAL COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR PERMIT MODIFICATION REQUEST 1984-1991" and accompanying mine maps dated December 20, 1983 and the clay pond area map dated February 17, 1982 showing clay pond numbers 1, 2, 3, AA, 4B and 5 and the map of clay pond no. 5 revised May 5, 1984. 2. Protection of Air Quality A. Any burning due to land clearing for the mine area shall be approved by the Washington Regional Office. B. Fugitive dust emissions from mining, handling, transporting, and stockpiling of materials shall be minimized. C. Any mining process producing air contaminant emissions shall be subject to the permitting requirements and regulations promulgated by the Division of Environmental Management. 3. Protection of Water Quality A. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the Division of Environmental Management. B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. The following erosion and sediment control plan shall be implemented to accompany land clearing next to Porter Creek and vita associated wetlands. 1. Construction of Type 1 temporary sediment control basins pursuant to'the design criteria outlined in "Guide for Sediment Control on Construction Site" (U.S.D.A., 1979). 2. Location of basins no closer than 25 feet upstream of any U.S. Army Corps of Engineers (COE) jurisdictional areas. 3. Sloping of basin dam shall be no steeper than 2.5 horizontal to 1 vertical. Page 4 of 11 4. Grading and seeding of the slopes at the beginning of the Spring and Fall planting seasons until successful revegetation has been accomplished. 5. Use of silt curtains only for temporary control of erosion. Silt curtains will not be viewed as•adequate when need is estimated to exceed six months. 6. Clearing out, abandonment for reclamation or replacement of basins when sediment volume has reached 60% of design volume. 7. Stabilization of all disturbed ground west of the ultimate mining limit. 8. Access to all structures, including silt curtains, to allow for maintenance and cleanout'. Following land clearing operations a system of shallow ditches will be constructed to intercept stormwater runoff and direct this water to the fresh water canal system for plant use and eventual discharge into the Pamlico River. During the dredging and ore extraction phase, the sedimentation control mechanisms described in the sediment control plan shall be functional. Also, surface drainage and ground water seepage into mine cuts will be intercepted 1) by the fresh water canal system; used in the benefication and processing of the ore and discharged as required; or 2) intercepted by the dredged water system, used by the dredge and/or permitted discharge into the Pamlico River. 4. Protection of Groundwater All laws, rules and regulations concerning contamination or withdrawal of groundwater shall be followed. Monitoring wells shall be installed as directed by the Division of Environmental Management Groundwater Section. Water from the wells shall be analyzed as determined by the Groundwater Section. 5. Compliance With Office of Coastal Management ' Any disturbance or restoration of wetlands and/or waterways shall be in accordance to the rules and regulations of Coastal Resources Commission. Any areas under the jurisdiction of the Office of Coastal Management shall be established and visibly marked prior to any land disturbing activities in that area. 6. Protection of Adjacent Properties A. A natural buffer zone shall be preserved along the eastern shore of Porter Creek. B. The width of buffer strips adjacent to Durham and Porter Creeks shall be subject to Federal and State regulations concerning navigable waters and wetland areas. Page 5 of 11 C. Sufficient buffer shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. D. Excavation shall not come within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other property without written modification to this permit describing how physical hazard to such features will be prevented. 7. Waste Disposal A. Timber: Loggers are contracted to remove timber. B. Non -timber debris: The remaining vegetation is windrowed for either a) burning or b) hauling to the mined area for disposal. C. Dredged overburden: The top 30-40 feet of soil over the ore is removed by dredges and pumped to mined areas for reclamation. D. Dragline overburden: The'additional 55-75 feet of soil over the ore is removed by the draglines and cast into the mined area in windrows. E. Rejects: The oversize phosphate pebbles and gangue materials in the ore matrix are stockpiled at the mill area and used by Texasgulf and the State of North Carolina as road base' material. Also, tests are underway to use the rejects for the economic benefit of the company. F. Sand tailings: The quartz sand from the ore matrix is pumped to the mined -area for backfill either alone or in a blend with gypsum and clay, or other permitted uses. G. Clay: The clay material from the ore matrix is pumped to the mined area for backfill either alone or in a blend with gypsum and clay, or to other areas designated for,clay storage. H. Gypsum: During 1982--1991 a portion of the backfilled mine excavation area will continue to be used to stockpile gypsum, a product of the chemical combination of sulfuric acid and phosphate rock. Historically, gypsum has been,.stockpiled in storage areas at the plant site. Stockpiled gypsum will be blended with clay tailings and used to backfill mine excavations as indicated on the mining permit modification request dated March 12, 1984. 8. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department on February 1 of each year until reclamation is completed and approved. Page 6 of 11 9. Surety The security which was posted pursuant to N.C.G.S. 74-54 in the form of $25,000.00 Blanket Bond is sufficient to cover the phosphate mine operation as indicated on 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. Page 7 of 11 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 term 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. 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 N.C. Agricultural Experiment Station and the N.C. 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, initiation of 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 for the 1982-1991 permit period shall be: 1) backfill the mine excavations to original elevation or higher; 2) stabilize waste disposal areas and settling ponds; and 3) revegetate all affected lands feasible. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. Reclamation of mined land and settling ponds will be accomplished in two phases: 1) physical restoration, and 2) revegetation. Physical restoration will be accomplished by, 1) backfilling with dredged overburden, 2) backfilling with Page 8 of 11 sand tailings from the flotation section of the mill, 3) clay disposal (from the mill) either as a topsoil conditioner or in impoundments, and 4) backfilling with a blend of sand tailings and/or gypsum, and mill clays. B. When an area has been filled by dredge overburden or sand tailings, both being pumped, dozers, pans and scrapers will be used to shape the area to the desired contour. C. The blend of sand tailing, and/or gypsum and clay tailings will be hydraulically transported to diked areas and discharged. Some of these areas will be at existing ground elevation of +13 feet mean sea level (msl) and some will be diked to +37 msl. The surface gradient of the blend will initially be determined by its slope at discharge. After drying, the material will be contoured with conventional mining equipment. D. The goals of rehabilitating clay settling ponds at or associated with the Phosphate Operations are: 1) consolidate the clays to gain additional clay storage, and 2) once completely filled, commit these settling ponds as wildlife habitats (i.e. fresh water wetlands) or through research determine their suitability as agricultural or forestry sites. E. Backfilling with dredged overburden (fill discharge by the dredges) will be the predominant initial step.in the reclamation of mined areas. F. Reclamation methodology research for gypsum storage piles shall be expanded in order to determine the best method of effectively topsoiling and vegetating the gypsum piles. Portions of gypsum storage areas number 1 and number 2 will be set aside for this research. The specific plan of work will be developed with the aid of soil scientists. The results of the reclamation research projects can then be incorporated into contouring, topsoiling, and vegetating the gypsum storage areas as needed. In addition to stockpiling in storage areas,gypsum will be combined with clay and/or sand tailings to form a blend for backfilling mined areas. Gypsum storage areas will continue to be a source of gypsum for peanut sales and as fill for roadbeds on the plant site. In final reclamation, the gypsum pond areas shall be neutralized and backfilled. 3. Revegetation Plan The revegetation plan is concerned with vegetating four basic soil medics: A. Native topsoil. Page 9 of 11 B. Dredged overburden mixed with clay slurry to raise the clay content to between 5-10% by weight in the 12-24 inches of the soil profile. C. Sand tailings mixed with clay slurry to raise the clay content to between 5-10% by weight in the top 12-24 inches of the soil profile. D. A blend of sand tailings and/or gypsum -clay. Once an area is covered with topsoil and ready for vegetating, the overall plan for each soil type is similar. 1. Soil samples are taken and sent to the Agronomic Division in Raleigh, North Carolina. 2. Lime and fertilizers are applied as recommended by the soil test results. 3. Seeding recommendations are based on variables such as: a. Intended use b. Slope C. Season being seeded d. Results of revegetation at test plots. D. Examples of seeding recommendations are as follows: 1. Dike slope 2:1 or 3:1 - September Seeding Rate (Pounds/Acre) Type 200 Kentucky 31 Tall Fescue 25 Unhulled Bermudagrass 30 Korean Lespedeza 15 Unscarified Sericea Lespedeza 30 Winter rye 2. Dike Slope 2:1 or 3:1 - April Seeding Rate (Pounds/Acre) Type 200 Kentucky 31 Tall Fescue 25 Hulled Bermudagrass 30 Korean Lespedeza 15 Scarified Sericea Lespedeza 20 Common Sudan Grass Page 10 of 11 1 and 2 would be mulched with 3000 pounds/acre grain straw anchored by discing or tacking with asphalt. 3. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (Pounds/Acre) Type 40 4 20 Kentucky 31 Tall Fescue Ladino clover Winter rye 4. Reclaimed Area -Flat or gently rolling - Spring Seeding Rate (Pounds/Are) Type 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Common sudangrass 3 and 4 will also be mulched with grain straw and anchored by discing. In addition to the grasses mentioned above, others such as Coastal bermudagrass, rye, wheat and Weeping lovegrass have been grown successfully. Also, legumes such as sweet and white clover and alfalfa can be included. Interspersed with grassed areas, various types of adapted tree species will be planted for windbreaks and wildlife use. About 300 Sycamore and yellow poplar seedings have been set out in reclaimed soil, so far. Additional species such as Sweet gum, Red maple, Green ash, Bald cypress, European black alder and possibly White cedar will be planted in future years to provide a mix of hardwoods. It is anticipated conifers (i.e. pines) will come in naturally due to the adjacent pine forests. 4. Reclamation Schedule 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. Specific reclamation areas and planned uses are as described in the "Yearly Mining Plan" in the "Ten Year Permit Modification Request" based on current production schedule. These.areas coincide with the plat entitled "Revised Ten Year Permit 1982-1991 Reclamation Schedule", and the attached sketch entitled "10 Year Permit Area Reclamation" included in the "TEXASGULF CHEMICALS BEAUFORT COUNTY MODIFICATION REQUEST 1984-1991" subject to adjustments in the production rates. Page 11 of 11 1985 From 1984 through 1985 a 317 acre tract marked as R--1 on the reclamation map on the "TEN YEAR PERMIT MODIFICATION REQUEST 1984-1991" dated March 12, 1984 will be filled with blend. This tract will be vegetated as soon as adequately dried to allow equipment to operate on its surface. 1986 Continuation of activities in R-1. 1987 Revegetation activities will continue as surface areas dry adequately to allow equipment to work. 1988 Revegetation activities will continue as surface areas dry adequately to allow equipment to work. , 1989 Adequately dried and prepared areas will be vegetated with the best mixture of grasses, legumes, and/or trees. 1990 Vegetation will be established as areas are adequately dried and ' prepared. 1991 Revegetation of available areas will be continued as areas dry adequately to allow equipment to work. Permit issued this the 2 cf" 74 day of /7ce74Zi4C_41?L[7_. BY: Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development. Parn/ - "`'` —_ oo.—River Plant L Reserved for Gyp Pile Site or Acid Pond 1984-86 R - 2 1986 R-3 °+ 87 R-4 f^' 0- OR 1987-89 R-5 1989-90 R - 6 (] k99 // �A. 1990-9 1 / / Ga / ego iJ e el i Q �09 iQG DATE 84 - PNOSRHATIt OPMRATIONS • LEK CR[RA MINK • AURORA • NORTH CAROLINA � 10 Year Permit Area SCALE 10=3000� Texasgulf Reclamation DRAWN S R Texasguii rtl ijo 1. - -North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr., Governor Joseph W. Grimsley. Secretary September 3, 1981 Mr. Fnmk H. Robinson Vice President & General Manager Lee Creek Operations Texasgulf, Incorporated P . 0. Box 48 Aurora, North Carolina 27806 RE: Mining Permit Renewal in 1982 Dear Mr. Robinson: DIVISION OF LAND RESOURCES Stephen G. Conrad, Director Telephone 919 733-3M As you know, the current 10 year mining permit for your operations expires on July 20, 1982. In anticipation of your application to renew the permit prior to that date, I am writing to advise you of the types of information that you.will need to file. In addition to the -descriptive information requested on the standard permit application form, we will need detailed mining, waste disposal, and reclamation plans for the permit period. This should include detailed maps showing year -by -year mining, waste disposal, and reclamation areas and method. The waste disposal plan maps and des- criptions should include slimes, tailings, overburden, and gypsm. The attached list outlines the types and detail of information we will need for proper review and permitting. It is suggested that this information be provided to us at least 60 days prior to the permit expiration date. Allowing for questions and negotiations, an earlier date is preferable. Thank you for your r cooperation. Very truly yours, Stephen G. Conrad, Director SGC:CHG:pg cc : Charles H.. Gardner James D. Simons Floyd R. Williams Geological Survey Section--733.2423; Geodetic Section-733.3836; Land Quality Section-733-4574; Planning and Inventory Sect ion-733.3833 Land Resources Information Service-733-2090 Box 27687 Raleiah 27611.7587 A.. Pm nl rinnnrrrmiry AI irmurive Acrion tmolover � •�'JI91 , I I aczm •; lal�l! �� •' 1 • �' �,i _ t \IDSb Im"TrAn 1. Property map showing total property and indicating areas to be covered by mining permit. 2. Mining map showing planned year -by -year sequence of overburden dredge and mining pits. 3. Waste disposal map(s) showing planned waste disposal sites for overburden, slimes, tailings, and gypsum on year -by -year basis. 4. Reclamation map(s) showing planned reclamation disposal areas and type of reclamation for each area, on year -by -year basis. II. O= DATA 1. Slimes disposal management plan, including: a) project storage needs, in acre-feet per year b) slimes % solids assumed for projecting storage needs c) slimes % solids versus time for 15 year period, based on consolidatiorn rates in existing slimes ponds (historical) d) available and projected slimes disposal site volumes and schedule for dam construction and for disposal in mined -- out pits Note: Items (a) and .(d) above might best be shun as a graph of available acre-feet of storage volume (number keyed to map) versus time. e) scheduled dates for disposal into -each disposal area 2. Volumes of dredge spoil disposal in each disposal site. 3. Tailings management plan including: a) projected disposal volume, in cubic yards per year b) volume of tailings & schedule in each disposal area 4. Gypsum management plan including: a) projected disposal volume, in acre-feet per year b) volume of gypsum & schedule in each disposal area 5. Reclamation plan including detailed description of reclamation sites, methods, and schedules. 'o AVAILABLE STORAGE, ACRE-Fmr ix ix ID4 Ix ix 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r C, 00 w H a ' w, Kj oiY 2 Hypothetical Emile of Suggested Format for Historical Slimes Settling Rate (Hypothetical slope of curve) . p 4 6 Time,years R 10 }; • 12 14 16 North Carolina Department of Natural Resources &Community Development James B. Hunt, Jr„ Governor Joseph W. Grimsley, Secretary August 5, 1982 Mr. Doug Mercer Texasgulf, Incorporated P. 0. Box 48 Aurora, North Carolina 27808 RE: Beaufort County Phosphate Mine Permit #7-1 Beaufort County Dear Mr. Mercer: DIVISION OF LAND RESOURCES Stephen G. Conrad, Director Telephone 919 733.3833 In reference to your phone call today with our office, I am enclosing a new page 3 of 10 for your mining permit renewal. Please note under Operating Condition number 1, the map date has been changed from January 20, 1962 to January 20, 1982. Should you have questions or other corrections, please advise. S' erely, awes D. Si /ns,.G.S., P.E. Mining Specialist LAND QUALITY SECTION M cc: Floyd Williams Geological Survey-733.2423: Geodetic Surey-733-3836; Land Quality-733-4574; Earth Resources Planning-733.3833: Land Resources Information Service— 733-209G Box 27687 Rateigh ,\C 2761 1-7687 4 DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION RENEWAL 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 Permitting Regulation 15 N.C.A.C. 5B,.aud other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf Chemicals Company -Phosphate Operations , permittee for the operation of a phosphate mine entitled, Beaufort County Phosphate Mine permit no. 7-1 and located in Beaufort County, 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. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION RENEWAL 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 Permitting Regulation 15 N.C.A.C. 5B,.aud other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf Chemicals Company -Phosphate Operations , permittee for the operation of a phosphate mine entitled, Beaufort County Phosphate Mine permit no. 7-1 and located in Beaufort County, 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. 2 of 10 In accordance with the application for renewal of this mining permit, including the mining and reclamation plan, which is hereby approved by the Department of Natural Resources and Community Development, 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 reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance of mining and reclamation procedures outlined in the renewal application dated June 9, 1982 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 exceptions: 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 in- corporated 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 enforce- ment 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. Conditions The permitted mining operation shall not violate standards of air quality, surface water quality, or ground water quality promulgated by the Environmental Management Commission. This permit shall be effective from the date of its issuance until and 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: 3 of 10 OPERATING CONDITIONS 1. Permit Area The permit area for this mining permit shall include the areas indicated on the submitted map entitled "EXISTING PERMIT AREA AND 10 YEAR PERMIT AREA" dated January 20, 1962 and the clay pond area map dated February 17, 1982 showing clay pond numbers 1, 2, 3, 4, 4A and 5. 2. Protection of Air quality 414 40 A. Any burning due to land clearing for the mine area should be approved by the Washington Regional Office. B. Fugitive dust emissions from mining, handling, transporting, and stockpiling of materials should be minimized. C. Any mining process producing air contaminant emissions shall be subject to the permitting requirements and regulations promulgated by the Division of Environmental Management. 3. Protection of Water Quality . A. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the Division of Environ- mental Management. B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. The following erosion and sediment control plan shall be implemented to accompany land clearing next to Porter Creek and its associated wetlands.. 1. Construction of Type I temporary sediment control basins pursuant to the design criteria outlined in "Guide for Sediment Control on Construction Site" (U.S.D.A., 1979). 2. Location of basins no closer than 25 feet upstream of any U.S. Army Corps of Engineers (COE) jurisdictional areas. 3. Sloping of basin dam will be no steeper than 2.5 horizontal to 1 vertical. • 4. Grading and seeding of the slopes at the beginning of the Spring and Fall planting seasons. 5. Use of silt curtains only for temporary control of erosion. Silt curtains will not be viewed as adequate when need is estimated to exceed six months. 6. Clearing out, abandonment for reclamation or replacement of basins when sediment volume has reached 60% of design volume. 4 of 10 7. Stabilization of all disturbed ground west of the ultimate mining limit. 8. Access'to all structures, including silt curtains, to allow for maintenance and cieanout. Following land clearing operations a system of shallow ditches will be constructed to intercept stormwater runoff and direct this water to the fresh water canal system for plant use and eventual discharge into the Pamlico River. During the dredging and ore extraction phase, the sedimentation control mechanisms described in the sediment control plan will be functional. Also, surface drainage and ground water seepage into mine cuts will be inter- cepted 1) by the fresh water canal system; used in the benefication and processing of the ore and discharged as required; or 2) intercepted by the dredged water system, used by the dredge and/or dischargeO into the Pamlico.(?,--i 4. Protection of Groundwater All laws, rules and regulations concerning contamination or withdrawal of groundwater shall be followed. 5. Compliance With Office of Coastal Management Any disturbance or restoration of wetlands and/or waterways shall be in accordance to the rules and regulations of Coastal Resources Commission. 6. Protection of Adjacent Properties A. A natural buffer zone shall be preserved along the eastern.shore of Porter Creek. B. The width of buffer strips adjacent to Durham and Porter Creeks shall be subject to Federal and State regulations concerning navigable waters and wetland areas. C. A monitoring program approved by the Department shall be established to determine the biological and physical impact of alteration of the water- shed of Porter Creek by mining. D. Sufficient buffer shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. E. Excavation shall not come within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other�jpropertyjwithout written modification to this permit describing how physical hazard to such features will be prevented. 5 of 10 7. Waste Disposal A. Timber: Loggers are contracted to remove as much of the timber as they desire. B. Non -timber debris: The remaining vegetation is windrowed for either a) burning or b) hauling to the mined area for disposal. C. Dredged overburden: The top 30-40 feet of soil over the ore is removed by dredges and pumped to mined areas for reclamation. D. Dragline overburden: The additional 55-75 feet of soil over the ore is removed by the draglines and cast into the mined area in windrows. F. Rejects: The oversize phosphate pebbles and gangue materials in the ore matrix are stockpiled at the Mill area and used by Texasgulf and the State of North Carolina as road base material. Also, tests are underway to use the rejects for the economic benefit of the company. F. Sand tailings: The quartz sand from the ore matrix is pumped to the mined area for backfi,ll either alone or in a blend with gypsum and clay, u e- G f144 -1 r '( , v� . G. Clay: The clay material from the ore matrix is pumped to the mined area for backfill either alone or in -a blend with gypsum and clay, c -A" a /X-4 /.' t /c 7 H. Gypsum: During 1982-19 91 a portion of the backfilled mine excavation area will continue to be used to stockpile gypsum, a product of the chemical combination of sulfuric acid and phosphate rock. Historically, gypsum has been stockpiled in storage areas at the plant site. 8. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department on February 1 of each year until reclamation is completed and approved. 9. Surety The security which was posted pursuant to N.C.G.S. 74-54 in the form of $25,000.00 Blanket Bond is sufficient to cover the phosphate mine operation as indicated on 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. 6 of 10 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 term of the Mining Permit. The approved plan provides: Minimum Standards As Provided B 'G. S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other uncon- solidated 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 N.C. Agricultural Experiment Station and the N.C. 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, initiation of 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 for the 1982-1991 permit period shall be to: 1) backfill the mine excavations to original elevation or higher; 2) stabilize waste disposal areas and settling ponds; and 3) revegetate all affected lands feasible. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. Reclamation of mined land and settling ponds will be accomplsihed in two phases: 1) physical restoration, and 2) revegetation. Physical restoration will be accomplished by, 1) backfilling with dredged overburden, 2)backfilling with sand tailings from the flotation section of the Mill, 3) clay disposal (.from the Mill) either as a topsoil conditioner or in impoundments, and 4) backfilling with a blend of sand tailings, gypsum, and mill clays. 7 of 10 3. B. When an area has been filled by dredge overburden or sand tailings, both being pumped, dozers, pans and scrapers will be used to shape the area to the desired contour. C. The blend of sand tailings, gypsum and clay tailings will be hydraulically transported to diked areas and discharged. Some of these areas will be at existing ground elevation of +13 feet mean sea level (msl) and some will be diked to +37 msl. The surface gradient of the blend will initially be deter- mined by its slope at discharge. After drying, the material will be contoured with conventional mining equipment. Field tests are scheduled for early in 1982. D. The goals of rehabilitating clay settling ponds at or associated with the Phosphate Operations are: 1) consolidate the clays to gain additional clay storage, and 2) once completely filled, commit these settling ponds as wild- life habitats (i.e. fresh water wetlands) or through research determine their suitability as agricultural or forestry sites. E. Backfilling with dredged overburden (fill discharge by the dredges) will be ` the predominant initial step in the reclamation of mined areas. F. Reclamation methodology resiffi'ch for gypsum storage piles shall be expanded in order to determine the best method of effectively topsoiling and vegetating the gypsum.piles. Portions of gypsum storage areas number 1 and number 2 will be set aside for this research. The specific plan of work will be developed with the aid of soil scientists. The results of the reclamation research projects can then be incorporated into contouring, topsoiling, and vegetating the gypsum storage areas as needed. In addition to stockpiling in storage areas, gypsum will be combined with sand tailings and clay to form a blend for backfilling mined areas. Gypsum storage areas will continue to be a source of gypsum for peanut sales and as fill for roadbeds on the plant site. The ,,gypsum pond areas shall be neutralized and backfilled. Reve etation Plan The revegetation plan is concerned with vegetating four basic soil medias: A. Native topsoil B. Dredged overburden mixed with clay slurry to raise the clay content to between 5-10% by weight in the 12-24" of the soil profile. C. Sand tailings mixed with clay slurry to raise the clay content to between 5-10% by weight in the top 12-24" of the soil profile. D. A blend of sand tailings -gypsum -clay. Once an area is covered with topsoil and ready for vegetating, the overall plan for each soil type is similar. A. Soil samples are taken and sent to the Agronomic Division in Raleigh, NC. B. Lime and fertilizers are applied as recommended by the soil test results. C Seeding recommendations are based on variables such as: 1. Intended use 2. Slope 3. Season being seeded .t. . 8 of 10 D. Examples of seeding recommendations are as follows: 1. Dike slope 2:1 or 3:1 -'September Seeding Rate (Pounds/Acre) 200 25 30 15 30 Joe Kentucky 31 Tall Fescue Unhulled Bermudagrass Korean Lespedeza Unscarified Sericea Lespedeza Winter rye 2. Dike Slope 2:1 or 3:1 - April Seeding Rate__(Pounds/Acre) 200 25 30 15 20 Type Kentucky 31 Tall Fescue Hulled Bermudagrass Korean Lespedeza Scarified Sericea Lespedeza Common Sudan grass 1 and 2 would be mulched with 3000 pounds/acre grain straw anchored by discing or tacking with asphalt. 3. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (_Pounds/Acre) Type 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Winter rye 4. Reclaimed Area -Flat or gently rolling - Spring Seeding Rate (Pound /Acrel Type 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Common sudangrass 3 and 4 will also be mulched with grain straw and anchored by discing. In addition to the grasses mentioned above other such as Coastal bermudagrass, rye, wheat and Weeping lovegrass have been grown successfully. Also, legumes such as sweet and white clover and alfalfa can be included if desired. Interspersed with grassed areas,various types of adapted tree species will be planted for windbreaks and wildlife use. About 300 Sycamore and yellow poplar seedings have been set out in reclaimed soil, so far. Additional species such as Sweet gum, Red maple, Green ash, Bald cypress, European black alder and possibly White cedar will be planted in future years to provide a mix of hardwoods. It is anticipated conifers (i.e. pines) will come in naturally due to the adjacent pine forests. 9 of 10 4. Reclamation Schedule 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. Specific reclamation areas and planned uses a re� as follows, These areas coincide with the overlay entitled "Reclamation Schedule" dated February 1982 and included in the "Beaufort County Phosphate Mine 10 Year Mining Permit Application 1982-1991r�� -� �•+��,��.,��i� P�,,,� ,.; .,mac,... a � 1982 A. 275 acre tract filled to +13' msl to be used for gypsum storage area #6. B. Small tract, south of above mentioned area filled to +10' msl. C. About 50 acres of sand tailings amended with mill clays will be vegetated in 1982. This area was included in the 1981 reclamation plan. D. A research program to determine reclamation method(s) for the gypsum stockpiles shall be initiated. 1983 Remainder of tract (1982 b) consisting of 210 acres filled to +10' msl. This area will be seeded to Tall fescue and Winter rye in 1984 and is to be used for gypsum storage area V . About 12 acres of sand tailings amended with clay will be vegetated in 1983. This is a portion of the area designated as 1983 on the reclamation map. Areas marked CD1 and CD2 will be filled with -clay slurry in 1983. These areas will either be allowed to dry for several years, then capped with the blend and vegetated, or will become freshwater wetlands by natural progression. A report on the results of reclamation of gypsum stockpiles shall be submitted to the Department. 1985 through 1988 A 317 acre tract marked as 1989 will be filled with sand-- gypsum-- clay blend to +37' msl. This tract will be vegetated with the best mixture of grasses, legumes and/or trees determined after experiementation. Early experimentation with the blend indicated agronomically acceptable chemical properties. The physical properties will be monitored over several months to determine the best vegetation mixture and best seeding or vegetation methods. 1990 Two areas marked, 1990 (a) and 1990 (b) will be ready for vegetating after having blend disposed in them in 1989. 10 Of 10 1990 a). This area consists of 212 acres and will have been filled +37 msl. Vegetation will be very similar to the tract vegetated in 1989. 1990 b). This area contains about 200 acres and will be filled to +3' msl with the blend during 1989. This area will be sloped from east to west to blend with the terrain west to Porter Creek. Swamp hardwoods such as Green ash, Red maple, Sweet gum and Bald cypress will be planted on the lower slopes while grasses such as Tall fescue and accompanying cover crop will be planted in the upper slopes. 1991 This tract marked as 1991 contains about 200 acres. The blend will have been pumped to +13' msl in 1990. Vegetation will be similar to the other tracts filled with blend. Permit issued this the day of , 19 BY: Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development. DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SECTION R E N E W A L P E R M I T 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 Regulation 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf Chemicals Company -Phosphate Operations Beaufort County Phosphate Mine Beaufort County - Permit No. 7-1 for the operation of a Phosphate 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. i i In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Community Development, 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 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. rnnAitinno The permitted mining operation shall not violate standards of air quality, surface water quality, or ground water quality promulgated by the Environmental Management Commission. This permit shall be effective from the date of its issuance until July 30, 1992 and 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: •f _ , r ._ _ a_ , � • � - � � :r C } ' .r _ t: . F ! r . :t 1' �� �_ i t C r l ♦ ;' � r 1 r I � ` { F 1 1 •, � � � l r. r � , , r r ' � � � � - . •r . � '� t 3 of 10 OPERATING CONDITIONS 1. Permit Area The permit area for this mining permit shall include the areas indicated on the submitted map entitled "EXISTING PERMIT AREA AND 10 YEAR PERNIT AREA" dated January. 20,1982 and the clay pond area map dated February 17, 1982-showing clay pond numbers 1, 2, 3, 4A, 4B and 5. 2. Protection of Air Quality A. Any burning due to land clearing for the mine area should be approved by the Washington Regional Office. B. Fugitive dust emissions from mining, handling, transporting, and stockpiling of materials should be minimized. C. Any mining process producing air contaminant emissions shall be subject to the permitting requirements and regulations s promulgated by the Division of Environmental Management. 3. Protection of Water Quality A. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and regulations promulgated by the Division of Environmental Management. B. Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. The following erosion and sediment control plan shall be implemented to accompany land clearing next to Porter Creek and its associated wetlands. 1. Construction of Type I temporary sediment control basins pursuant to the design criteria outlined in "Guide for Sediment Control on Construction Site" (U.S.D.A., 1979). 2. Location of basins no closer than 25 feet upstream of any U.S. Army Corps of Engineers (COE) jurisdictional areas. 3. Sloping of basin dam will be no steeper than 2.5 horizontal to 1 vertical. G. Grading and seeding of the slopes at the beginning of the Spring and Fall planting seasons until successful revegetation has been accomplished. 5. Use of silt curtains only for temporary control of erosion. Silt curtains will not be viewed as adequate when need is estimated to exceed six months. 4 of 10 6. Clearing out, abandonment for reclamation or replacement of basins when sediment volume has reached 60% of design volume. 7. Stabilization of all disturbed ground west of the ultimate mining limit. 8. Access to all structures, including silt curtains, to allow for maintenance and cleanout. Following land clearing operations a system of shallow ditches will be constructed to intercept stormwater runoff and direct this water to the fresh water canal system for plant use and eventual discharge into the Pamlico River. During the dredging and ore extraction phase, the sedimentation control mechanisms described in the sediment control plan will be functional. Also, surface drainage and ground water seepage into mine cuts will be intercepted 1) by the fresh water canal system; used in the benefication and processing of the ore and discharged as required; or 2) intercepted by the dredged water system, used by the dredge and/or permitted discharge into the Pamlico River, 4. Protection of Groundwater All laws, rules and regulations concerning contamination or 1 withdrawal of groundwater shall be followed. i 1 5 5. Compliance With Office of Coastal Management Any disturbance or restoration of wetlands and/or waterways shall be in accordance to the rules and regulations of Coastal Resources Commission. 6. Protection of Adjacent Properties A. A natural buffer zone shall be preserved along the eastern shore of Porter Creek. B. The width of buffer strips adjacent to Durham and Porter Creeks shall be subject to federal and State regulations concerning navigable waters and wetland areas. C. Sufficient buffer shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. D. Excavation shall not come within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other property without written modification to this permit describing how physical hazard to such features will be prevented. 5 of 10 7. Waste Disposal A. Timber: Loggers are contracted to' remove as much of the timber as they desire. B. Non -timber debris: The remaining vegetation is windrowed for either a) burning or b) hauling to the mined area for disposal. C. Dredged overburden: The top 30-40 feet of soil over the ore is removed by dredges and pumped to mined areas for reclamation. D. Dragline overburden: The additional 55-75 feet of soil over the ore is removed by the draglines and cast into the mined area in windrows. E. Rejects: The oversize phosphate pebbles and gangue materials in the ore matrix are stockpiled at the Mill area and used by Texasgulf and the State of North Carolina as road base material. Also, tests are underway to use the rejects for the economic benefit of the company. F. Sand tailings: The quartz sand from the ore matrix is pumped to the mined area for backfill either alone or in a blend with gypsum and clay, or other permitted uses. G. Clay: The clay material from the ore matrix is pumped to the mined area for backfill either alone or in a blend with gypsum and clay, or to other areas designated for clay storage. H. Gypsum: During 1982-1991 a portion of the backfilled mine excavation area will continue to be used to stockpile gypsum, a product of the chemical combination of sulfuric acid and phosphate rock. Historically, gypsum has been stockpiled in storage areas at the plant site., 8. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department on February 1 of each year until reclamation is completed and approved. 9. Surety The security which was posted pursuant to N.C.G.S. 74-54 in the form of $25,000.00 Blanket Bond is sufficient to cover the phosphate mine operation as indicated on 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,. 6 of 10 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 term 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. 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. S. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the N.C. Agricultural Experiment Station and the N.C. 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, initiation of 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 for the 1982-1991 permit period shall be : 1) backfill the mine excavations to original elevation or higher; 2) stabilize waste disposal areas and settling ponds; and 3) revegetate all affected lands feasible. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. Reclamation of mined land and settling ponds will be accomplished in two phases: 1) physical restoration, and 2) revegetation. Physical restoration will be accomplished by, 1) backfilling with dredged overburden, 2) backfilling with sand tailings from the flotation section of the Mill, 3) clay 7 of 10 disposal (from the Mill) either as a topsoil conditioner or in impoundments, and 4) backfilling with a blend of sand tailings,,•'r gypsum, and mill clays. B. When an area has been filled by dredge overburden or sand tailings, both being pumped, dozers, pans and scrapers will be used to shape the area to the desired contour. C. The blend of sand tailings,•�gypsum and clay tailings will be hydraulically transported to diked areas and discharged. Some of these areas will be at existing ground elevation of +13 feet mean sea level (msl) and some will be diked to +37 msl. The surface gradient of the blend will initially be determined by its slope at discharge. After drying, the material will be contoured with conventional mining equipment. Field tests are scheduled for early in"1982� D. The goals of rehabilitating clay settling ponds at or associated with the Phosphate Operations are: 1) consolidate the clays to gain additional clay storage, and 2) once completely filled, commit these settling ponds as wildlife habitats (i.e. fresh water wetlands) or through research determine their suitability as agricultural or forestry sites. E. Backfilling with dredged overburden (fill discharge by the dredges) will be the predominant initial step in the reclamation of mined areas. F. Reclamation methodology research for gypsum storage piles shall be expanded in order to determine the best method of effectively topsoiling and vegetating the gypsum piles. Portions of gypsum storage areas number 1 and number 2 will be set aside for this research. The specific plan of work will be developed with the aid of soil scientists. The results of the reclamation research projects can then be incorporated into contouring, topsoiling, and vegetating the gypsum storage areas as needed. In addition to stockpiling in storage areas, gypsum will be combined with sand tailings and clay to form a blend for backfilling mined areas. Gypsum storage areas will continue to be a source of gypsum for peanut sales and as fill for roadbeds on the plant site. In final reclamation, the gypsum pond areas shall be neutralized and backfilled. 3. Revegetation Plan The revegetation plan is concerned with vegetating four basic soil medias: A. Native topsoil B. Dredged overburden mixed with clay slurry to raise the clay content to between 5-10% by weight in the 12-24" of the soil profile. C. Sand tailings mixed with clay slurry to raise the clay content to between 5-10% by weight in the top 12-24" of the soil profile. 8 of 10 D. A blend of sand tailings -gypsum -clay. Once an area is covered with topsoil and ready for vegetating, the overall plan for each soil type is similar. A. Soil samples are taken and sent to the Agronomic Division in Raleigh, NC. C B. Lime and fertilizers are applied as recommended by the soil test results. C. Seeding recommendations are based on variables such as: c 1~. Intended use -2-. Slope �3: Season being seeded D. Examples of seeding recommendations are as follows: 1. Dike slope 2:1 or 3:1 - September Seeding Rate (Pounds/Acre) Lyme 200 Kentucky 31 Tall Fescue 25 Unhulled Bermudagrass 30 Korean Lespedeza 15 Unscarified Sericea Lespedeza 30 Winter rye 2. Dike Slope 2:1 or 3:1 - April Seeding Rate (pounds/Acre) Type 200 Kentucky 31 Tall Fescue 25 Hulled Bermudagrass 30 Korean Lespedeza 15 Scarified Sericea Lespedeza 20 Common Sudan Grass 1 and 2 would be mulched with 3000 pounds/acre grain straw anchored by discing or tacking with asphalt. 3. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (Pounds/Acre) Type 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Winter rye 4. Reclaimed Area -Flat or gently rolling - Spring Seeding 9 of 10 Rate (Pounds/Are) Type 40 4 20 Kentucky 31 Tall Fescue Ladino clover Common sudangrass 3 and 4 will also be mulched with grain straw and anchored by discing. In addition to the grasses mentioned above others such as Coastal bermudagrass, rye, wheat and Weeping lovegrass have been grown successfully. Also, legumes such as sweet and white clover and alfalfa can be included if desired. Interspersed with grassed areas, various types of adapted tree species will be planted for windbreaks and wildlife use. About 300 Sycamore and yellow poplar seedings have been set out in reclaimed soil, so far. Additional species such as Sweet gum, Red maple, Green ash, Bald cypress, European black alder and possibly White cedar will be planted in future years to provide a mix of hardwoods. It is anticipated conifers (i.e. pines) will came in naturally due to the adjacent pine forests. 4. Reclamation Schedule 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. Specific reclamation areas and planned uses are as follows base on current production schedule. These areas coincide with the -overlay - entitled "Reclamation —Schedule" dated Februa-ry 1982 and included in the "Beaufort County Phosphate Mine 10 Year Mining Permit;;' App-Lication 1982-1991" subject to adjustments in the production rates. 1982 A. 275'acre tract filled to +13' msl to be used for gypsum storage area #6. . B. Small tract, south of above mentioned area filled to +10' msl. C. About 50 acres of sand tailings amended with mill clays will be vegetated in 1982. This area was included in the 1981 reclamation plan. D. A research program to determine reclamation method(s) for the gypsum stockpiles shall be initiated. 1983 Remainder of tract (1982 b) consisting of 210 acres filled to +10' msl. This area will be seeded to Tall fescue and Winter rye in 1984 and is to be used for gypsum storage area V . • 10 of 10 About 12 acres of sand tailings amended with clay will be vegetated in 1983. This is a portion of the area designated as 1983 on the reclamation map. Areas marked CD1 and CD2 will be filled with clay slurry in 1983. These areas will either be allowed to dry for several years, then capped with the blend and vegetated, or will become freshwater wetlands by natural progression. A report on the results of reclamation of gypsum stockpiles shall be submitted to the Department. lip, 1985 through 1988 A 317 acre tract marked as 1989 will be filled with sand--gypsum---clay blend to +37' msl. This tract will be vegetated with the best mixture of grasses, legumes and/or trees determined after experimentation. Early experimentation with the blend indicated agronomically acceptable chemical properties. The physical properties will be monitored over several months to determine the best vegetation mixture and best seeding or vegetation methods. 1990 Two areas marked, 1990 (a) and 1990 (b) will be ready for vegetating after having blend disposed in them in 1989. 1990 a). This area consists of 212 acres and will have been filled +37 msl. Vegetation will be very similar to the tract vegetated in 1989. 1990 b). This area contains about 200 acres and will be filled to +3' msl with the blend during 1989. This area will be sloped from east to west to blend with the terrain west to Porter Creek. Swamp hardwoods such as Green ash, Red maple, Sweet gum and Bald cypress will be planted in the upper slopes. 1991 This tract marked as 1991 contains about 200 acres. The blend will have been pumped to +13' msl in 1990. Vegetation will be similar to the other tracts filled with blend. Permit issued this the day of , 19 0 Z BY: f Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development. f x - f r TTrZ VF nT. m � i �©�^ ) � z�z } �� � m� � t �� } : «�^� � , \ ?� : + . \ ®. » :\ /> ��2 �\ gym < \y , z:w y .�������__��� #� � � } \ d � w ± � �� �� / \�� / % ��V TfXASGULF BRIEFING FOR SECRETARY: May 9, 1980 PURPOSE: Information Upon Which To Develop NRCD Policy AREAS OF ANALYSIS: Succinctly descr:ibe MINING SOIL & WATER AIR - VATER- GROUNDWATER WETLANDS LOCAL LUP FISHERIES WILDLIFE Public Lands for the Secretary's Steve Conrad Joe Phillips Page Benton Page Benton Harry Peek Ken Stewart Ken Stewart Ken Stewart Stuart Critcher Bill Ross Bill Raney understanding the following: 1. IMMEDIATE ISSUES FACING DEPARTMENT: (i.e.,actions we may be forced to take prior to development of an overall policy - existing violations, permit pending, ) Texasgulf (Tg) has announced future production expansion which will require increased mining activities. Since 1973, Tg has approximately tripled the annually mined acreage from approx. 50 ac. per year to approx. 150 ac. per year. Further increase in annual mining is expected. Tg will likely request permitting of additional mine land. Increased mining & production will also necessitate an increased rate of con- struction oflarge slime ponds, dike construction for the ponds will require dam safety permits. Since virtually the entire plant production depends upon being able to dispose of clay slimes, the issuance of the timely dam safety permits will be 2. KNOWN IMPACTS OF TEXASGULF : (continued on back) important. a. -To d a-te: Mining - The effects of mining include (1) large scale land clearing and excavation and the general commitment of reclaimed areas to development, (2) removal'_ of large amount of groundwater causing a regional depression of the Castle Hayne aquifer, (3) long ,term commitment of large areas of land in potentially sensitive areas to slimes pond dike construction b. Long Range: The long range effect of mining (dontinued on bael will be to alter land use from existing farm and forest land to reclaimed area: to be used for gypsum waste storage, pasture, or lake areas. The construction of large slimes ponds represents a long term commitment of land to clay slime -storage. Until consolidation occurs, which may take years, the clay slimes retaining dike pose a dam safety concern. A major failure of the retaining dike could cause extensive environmental damage to the Pamlico River and Sound. 3. PROBABLE IMPACTS: 13ASED ON TRENDS OR BEST PROFESSIONAL JUDGMENT. Same as #2. Without a major change in slime disposal planning, monitoring, and storm protection, an accidental release of slimes to the estuary is possible. Due to recent management changes and staff additions in Tg, we believe the needed changes are now taking place. 1. Permits pending include.(I) impoundment approval for slime pond #4-b, (2) certification.of:'-repair of slope erosion on #1-a, (3)._cartification of repair of spillway.discharge outlet in #3. Also we have requested Tg to submit to us, -by -June, m master plan for major storm protection and existing toe.erosion of dikes. 2, a. activities and clay slimes impoundment, (4) erosion,and off site sedimentation resulting from dike construction. `Q. RISK ASSESSMENT: a. Conservative: Wave erosion from normal weather conditions is posing sections of clay slimes pond no. 1 located immediately Pamlico River. a hazard to certain adjacent to the b. Worst possible: A severe storm or hurricane could cause major erosion and possible breaching of clay slime retaining dike areas near the Pamlico River allowing the unconsolidated clay slimes to flow into the river and adjacent estuaries. Dike failure could also occur from improper design and construction of the dike or exceeding designated water levels within the retaining dikes. 5. OPTIONS TO MITIGATE IMPACTS: a. Options for Known Impacts: - Careful review of annual reclamation should be made to insure compliance with the reclamation schedule. Groundwater observation wells must be monitored and future groundwater impact predicted based upon past monitoring and best available technology. Long range plans for clay slime storage should be made. Clay slime ponds should be located away from wetlands and b . Options -to avoid Probable impacts: (continued on back Same as 5 a. C. Options to avoid risks: 1. Conservative risks: The areas along the clay slime dams most succeptable to wave erosion could be stabilized with rip -rap or other suitable material to prevent damage to the embankment from wave erosion. 2. Worst Possible risks: All dike areas which could possible be affected by major storms or hurricane could be rip-rapped'or otherwise armored to prevent wave erosion. The danger of failure due to improper construction or use can be minimized by detailed review before approval of construction plans and specifications, monitoring of construction, and routine dam inspection by the mine operator & tl G. PROBABLE AGGRAVATION OF ABOVE .IMPACTS 1F NCPC LOCATES IN AREA: Dept The most immediate effect of NCPC start up operations is the clearing of large areas for the plant and mine areas and construction of a 1550 acre slimes pond. An additional large amount of groundwater will be withdrawn from the Castle Hayne aquifer. The probable long range effect of this additional phosphate. mine will likely increase the existing impact of Tg's withdrawal of the order of 50%. The impact of mine land disturbance and slimes pond (continued on back) - y"��.' �.d• ?'l'C.i� �� '0,' ��� t 1 tiY �y i1 Y}IN, r5-a1.�S�/.i'.,.i � � � 'iF. S. 5. a. estuarties to the extent possible. Ultimately, a commercial use for the clay slimes.or a more efficient storage system should be found. Research should continue to find a feasible way to return clay slimes to the mined areas. 6. construction will approximately double the existing impact of`Tg. 7. Next permit renewal date: Mining permit expires July 20, 1982 8. REGULATORY AMENDMENT OR RESOURCES ENABLED BY EXISTING LEGISLATION, NEEDED TO CARRY OUT RESPONSIBILITIES: The Mining Act of 1971 G.S. 74-46 through 68 amended by 1979 General Assembly The Dam Safety Law of 1967 G.S. 143-215.23 through 143-215.37 9. LEGISLATIVE CHANGES NEEDED TO PROVIDE NEEDED PROTECTION:, Bone 10. ESTIMATE OF ECONOMIC LOSS POTENTIAL: As Lt relates to natural resources. Traditionally, the' -world production of phosphate fluctuates. However the demand is expected to continue to increase. N. C. is a major producer of phosphate and the addition of the NCPC facility will enhance this status. In terms of possible economic loss from environmental damage, significant reduction in fishery production from the estuary could result from a dam failure. It is impossible to quantitatively estimate this possible loss. 11. ASSESSMENT OF LONG TERM CONTINGENCY - river mining, farmland loss. Annual land disturbance from mining and clay slime storage is anticipated to continue to increase to several hundred acres per year. At that rate, the more environmentally suitable areas for mining and clay slime storage will be used in the foreseeable future,'increasing the pressure to disturb more sensitive areas. Mined lands can be restored to productive use including farm land within the two year reclamation time limit allowed by the Mining Act of 1971. However, uses of clay pond area will be limited to incidental wildlife use until the clay slimes sufficiently consolidate which will take many years. Phosphate resources beneath the Pamlico River are substantial and represent a significant part of Tg's ore reserves. As dry land reserves are exhausted pressure will build to mine beneath the river. Strategy as to how the Dept. will deal with this issue should be developed now. The question may be raised sooner than we anticipate. 12. BRIEF SUMMARY OF YOUR CONCLUSIONS AS SET OUT IN YOUR PREVIOUS RESPONSES. Phosphate mining and clay slimes storage pond building activities are expected to increase significantly. As the phosphate reserves are deleted, the demand will increase to mine and construct ponds in more environmentally sensitive areas. Long range planning for future mining and pond construction is needed to provide for beat use of the existing resources and the protection of adjacent environment. Close monitoring of existing mining, reclamation and pond construction is needed to evaluate the present practices. Future monitoring will be important to insure compliance with the applicable environmental laws. Research is needed to optimize mine reclamation and clay slime storage practices. Economic incentive will interest the operator in this regard. however, government agencies must be willing to allow research and the trial of new techniques provided such activity does.not jeopardize the State's resources. April 30, 1980 TEXASGULF The two main aspects of the Texasgulf operation which have been monitored by the Division of Land Resources are the mine reclamation and dam safety programs. Texasgulf has mined an average of 170 acres per year since 1976. Production expansion plans will increase the annual mine disturbances. The mined land is being rapidly backfilled to natural ground level or higher by pumping overburden from the stripping operations to the mined areas. However, much of the backfilled land is being reused by Texasgulf for equipment storage or gypsum waste stockpile and has not been officially released from further reclamation requirement. Reclamation of the large clay slime storage ponds is an industry wide problem. At present the only economical method to reclaim these areas is to drain surface water of the ponds to facilitate consolidation. Con- solidation of the clay slimes may typically take years. The stability of the dam impoundment structure must be insured in the interim. Rip rapping or other stabilization of water front areas of the embankments may disturb or displace wetland areas. March 25, 1985 MEMORANDUM TO: John Parker Coastal Management FROM: Jim Simons Land Quality Section SUBJECT: Texasgulf Permit Modification' We have received your comments concerning the Texasgulf mining permit modification. As. suggested, in your comments, a provision will be added to the permit to require that Coastal Management permit. jurisdiction lines be 'established prior to any land disturbing activities in the area. Thank you for your assistance. /cj cc: David Gossett Floyd Williams i` * Texasguif r :` � ,,# : %---o Co. A Division of Texasguif Inc. P.O. Box 48 Aurora, North Carolina 27806 Phosphate Operations (919) 322-4111 March 21, 1985 Mr. David Gossett Division of Coastal Management Post Office Box 1507 Washington, North Carolina 27889 Dear David: Texasgulf request permission to use the existing submerged 18 inch across South Creek to pump clays into the clay settling ponds. This line was originally installed as outlined in CAMA Minor Permit 81-0032. The line was not removed in order to allow the filling of the dredged hole adjacent to the clay pond (South Creek) with sand as requested by the Division of Land Resources in 1985. A hydrostatic testing procedure will be used to regularly test this line. Please advise me of any other information you may need regarding the use of this line. With kindest regards, Douglas G. Mercer, Superintendent Environmental & Safety Department DGM:ec cc: Mr. Stephen Conrad 4*W4K Mr. David Owens RECEIVED Mr. Paul Wilms Mr. Terry Moore MAR?-4 '86 Mr. James Mulligan Mr. Floyd Williams Mr. Don F . DeLon g DIV. OF WD RFC Mr. Frank H. Robinson 00-04-000 12-04-000 j 909 Mr. James Mulligan - 2 - March 21, 1986 Sincerely, Douglas G. Mercer, Superintendent Safety & Environmental Department DGM:ec cc: Mr. Stephen Conrad 4M Mr. David Owens Mr. Paul Wilms Mr. David Gossett Mr. Terry Moore Mr. Floyd Williams Mr. Don F. DeLong Mr. Frank H. Robinson 00-04-000 12-01-000 RECEIVED ®Texasgulf 'o h m i ca l s Co. A Division of Texasgulf Inc. j* 24 P.Q. Box 48 Aurora, North Carolina 27806 March 21, 1986 PhosphatebW&WLITY SECTION (919) 322-41 1 1 n R€c21V�� Mr. James Mulligan Regional Supervisor 9R Z 4'86 Division of Environmental Management Post Office Box 1507 Washington, North Carolina 27889 D1V-OfU DREBr Dear Jim, As we have discussed on several occasions, Texasgulf would like to obtain permission to use an -existing 18 inch submerged pipe line across South Creek to pump clays to the clay settling pond system. This system would only be used until the possible repair, lining, or the replacement of the existing 30 inch buried line is completed. The existing 18"line was installed in 1981 and was used to transfer sand tailing for dike construction. Approximately 7,000,000 tons of sand were pumped through this line. This line has a 0.438 inch steel wall and is similar to 3/8" steel line used on the plantsite to pump sand tailing. We_normally use plant lines to pump approximately 28,000,000 tons of sand without problems. We recognize the concerns regarding the use of this line and possible leaks. Therefore, we propose to hydrostatically test the line at 200 psi once each six months. We have completed an initial test and maintained a pressure of 192 psi for approximately an hour and thirty minutes. The 18 inch line would be connected to the existing pump- ing system and normal operating pressure would be 140 psi. Pumping about 15,000 gpm of clay slurry with 5% solids. This would be about 175 tons/hour. The 175 tons/hour would restrict the milling operations to approximately 50% of capacity, therefore, use of the 18" could severly restrict plant operations. As stated, this line would only be used until actions have been completed which would allow this line to be removed from service. This program will be co-ordinated with the Divisions of Environmental Management, Coastal Management, and Land Resources. %dbr - 4 86-23 State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Governor David W. Owens S. Thomas Rhodes, Secw ary Director Enforcement Section P.O. Box 1507 Washington, NC 27889 (919) 946-6481 3 March 1986 Mr. Don DeLong, Plant Manager Texasgulf Chemicals Company P.O. Box 48 Aurora, North Carolina 27806 Dear Mr. DeInng: This letter confirms my 27 February 1986 onsite inspection of the unauthorized discharge of clay slime byproducts into the estuarine waters of the public trust area of South Creek in Beaufort County. Also this letter confirms our 28 February telephone conversation. During my onsite inspection, I, and Jess Hawkins, biologist with the N.C. Division of Marine Fisheries, used a 2h inch corer to take several bottom samples. We confirmed that the clay slime deposit within reason is confined to that 26 acre area surveyed by Bob Chiles and the clay has not spread upstream or downstream of the surveyed affected area. We sampled inside and outside the affected area as well as inside the area already dredged. Samples taken in the area already dredged reveal clay sediments from 3-4 inches to 31 inches deep remaining above natural bottom. Based upon this finding, I conclude that additional dredging after the first pass will be necessary to achieve an acceptable restoration of the site. We will continue to monitor for any movement of the clay beyond the present affected area and the success of the dredge at removing the clays so that original bottom is re -exposed. I would like to coordinate another onsite coupliance monitoring inspec- tion this week and another one day prior to the dredge oomlpleting the first pass over the affected area. P.O. Box 27697, kakigh, North Carolina 27611-7687 Telcphone 919-733-2293 An Equal Opportunity Affirmative Action Employer Pae 7tao Mixg. Don DeLong Thank you for your time and 000peration. If you have questions about this or related matters, please don't hesitate to oontact me. e-sincerely, Te E. Moore Chief, Enforcement Section TEM/aht cc: Preston Pate - Assistant Director, DC24 Da id Gossett -Coastal Management Consultant, DQtii id Lekson - Coastal Management Specialist, DCM Mike Smith - U.S. Army Corps of Engineers Lorraine Shinn - Regional Manager, Washington Regional Office Doug Mercer - Texasgulf Chemicals Ccupany Jess Hawkins - Division of Maxine Fisheries A *J 9 WE .p ED c ❑ m n io7J IN m M 91 0 -4 K-1 CD ®Texasgulf ChemicalsCo. A Division of Texasgulf Inc. P.O. Box 48 Aurora, North Carolina 27606 Phosphate Operations (919)322-4111 February 21, 1986 Mr. Terry -Moore. Division of Coastal Management Post Office Box 1507 Washington,'North Carolina 27889 Dear Terry, This letter is to confirm our plans to remove the deposit of phosphatic clays resulting from an accidental leak from the slurry pipeline into South Creek which was discovered on February 16, 1986. Robert Chiles completed a survey of the area and has determined the primary area of impact. This area is shown on the drawing which was provided during our meeting today (additional copies will be provided). The volume of material is estimated to be approximately 114,000 cubic yards. The material is in two piles with centers about 500 feet apart and extend to the channel of the creek. We plan to use a dredge to remove the deposit. The material will be pumped to the clay settling pond system (Area 5B) located to the east of South Creek. This area will provide adequate storage for the material pumped into the pond. We expect the dredge to be onsite by February 24th with the possibility of arrival on the 23rd. As soon as the equipment is onsite and operational, the cleanup will begin. In order to monitor possible dispersion of the clays during the cleanup, Texasgulf will collect a series of water samples and measure turbidity. These samples will be collected at sites upstream, downstream, and across the creek adjacent to the clay deposit. Initial sampling will be on a two hour schedule. After the operations are started and several series of data are available, Texasgulf will meet with the Division of Environmental Management to discuss possible changes in the sampling frequency. As discussed during our meeting, overdredging will be restricted to one (1) foot. The original bottom elevation will be based on Mr. Chiles estimate from his survey. Mr. Chiles will assist with establishing depth controls and will conduct a survey. � t OTg Mr. Terry Moore - 2 - February 21, 1986 following the cleanup. We do request permission to remove the material covering the pipeline inside the area outlined on Mr. Chiles' drawing in order to evaluate the physical condition of the pipe and what may have caused this accidental failure. Texasgulf regrets this incident and appreciates your co-operation in allowing us to undertake this cleanup program as rapidly as possible. As soon as additional information regarding the possible causes of the problem is available, we will provide it to you. If you have any questions, do not hesitate to contact me, day or night.- DGM:ec S' Pcet rely, - Douglas s. Mercer, Superintendent Safety & Environmental Department State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Govemor David W. Owens S. Thomas Rhodes, Secretary Director Enforcement Section P.O. Box 1507 Washington, NC 27889 (919) 946-6481 24 February 1986 Mr. Don DeLong, Plant Manager Texasgulf Chemicals Company P.O. Box 48 Aurora, North Carolina 27806 Dear Mr. DelAng: This letter eonfizs that on 21 February 1986 Preston Pate, Assistant Director for the Division of Coastal Management, Terry Moore, Chief of the Enforcement Section for the Division of Coastal Management, David Gossett, field consultant for the Division of Coastal Management, and I met with you, Doug Mercer, Superintendent, Environmental Control, Don Milln-an, Superintendent, Texasgulf Dredging Operations, J. Randolph Carpenter, Texasgulf public relations, and Bob Chiles, engineering consultant of New Bern, at the Washington field office. This meeting was also attended, by Ms. Lorraine Shinn, regional director of the Washington field office, and representatives of the Division of Environmental Manageamt, Division of Marine Fisheries, Division of Land Resources, Division of Soil and Water Conservation, and the U.S. Army Corps of Engineers. The purpose of the 21 February 1986 meeting was -to discuss the failure of the pipeline that transports clay slime byproducts from the Tdxasgulf plant site to designated settling ponds across South Creek, in Beaufort County, North Carolina, and to address restoration of the affected area. Information gathered by me for the Division of Coastal Management shows that you have undertaken major. lopnent jrL olation of the Coastal Area. Management Act. In addition,' you- have also vi�olaed"ttStates-bredge'and Fi11'-�Aet: No person may undertake major development in a designated area of enviroroiental concern (ADC) without first obtaining a permit from the N.C. Department of Natural Resources and Community Development. This requirement is irreposed by N.C. General Statutes (herein abbreviated N.C.G.S.) 113A-118. Information I have indicates that you have undertaken, or are legally responsible for, the placement of + 113,700 cubic yards of fill material within the estuarine waters of the public trust area of South Creek as a result of the aforementioned pipeline failure. This pipeline failure was first PO Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Ern0av, / Mr. Don DeLang gage T+Auo detected by a Texasgulf employee on the afternoon of 16 February 1986. According to the 20 February 1986 Bathymetric survey conducted by Bob Chiles, + 26 acres of the public trust bottom of South Creek has been filled. Estuarine waters and public trust areas are both designated area of environmental concern and no permit has been issued to you for this development within these areas. Therefore, I conclude that you are in.violation of the Coastal Area Management Act. I request that you immediately CEASE AND DESIST any further unauthorized activities within designated areas of environmental concern. If the development you have undertaken is not consistent with the applicable standards, as in this case, you will be required to restore the land to its former condition. A civil assessment of up to $2500 may be assessed against any violator. Each day that the development described in this notice is continued or repeated may constitute a separate violation which is subject to an additional assessment of up to $2500. An injunction or criminal penalty may also be sought to enforce any violation. N.C.G.S. 113A-126 It is the policy of the Coastal Resources Commission to levy a minimm civil assessment of $100 not to exceed $2500 against all violations. This is done to recoup same of the costs of investigating violations and/or to compensate the public for any damage to its natural resources. Whether a higher amount will be assessed depends on several factors, including the nature and area of the resources that were affected and the extent of the damage to them. If the requested restoration is not undertaken or completed satisfactorily, a substantially higher civil assessment will be levied and a court injunction will be sought ordering restoration. You are also in violation of the State's Dredge and Fill Act which requires a permit from the N.C. Department of Natural Resources and Community Development before undertaking any excavating or fillin any estuarine waters, tidelands, marshlands, or state-owned lake. N.C.G.S. 113-229 The filling activity that you have undertaken was also cone without a permit from this Department. Therefore, I also request that you innediately CEASE AMID DESIST such unauthorized activities. Violations of the Stage's Dredge and Fill Act may be enforced by a criminal penalty or a civil action for damages or an injunction. N.C.G.S. 113-229 Based upon the N.C. Administrative Code, Subchapter 7H State Guidelines for Areas of Envirormiental Concern, the filling activity that you have undertaken, resulting in the usurpation of ± 26 acres of public trust bottom within South Creek, is not consistent with the (b) significance, (c) management objectives, and (d) use standards as described in Section .0206 Estuarine Waters and Section .0207 Public Trust Areas. Therefore, as we discussed, I am requesting restoration of the affected area. Texasgulf proposed the removal of the unauthorized fill material via hydraulic dredge. This proposal is acceptable to the Division of Coastal Management and all efforts should be made to immediately begin the restoration effort. I request that all unauthorized fill material (clay slimes), to the extent practical, be removed from the estuarine wagers of South Creek and placed back on highgrlound. (See attached restoration agreement) I west that original elevations and contours as close as possible to those of adjacent waters be restored to the affected area. Provided you intend to cooperate with the request, You should sign one of the attached restoration agreements and return it to we in the enclosed self addressed envelope. No response from you within 10 days of receipt of this letter will be interpreted as a refusal to cooperate and a court injunction will be sought ordering restoration. Mr. Dar, Del"* Page Three Thank you for your time and cooperation in resolving this matter of importance. If you have any questions about this or related matters, please don't hesitate to contact me and/or Terry Moore at the Washington field office. Sincerely, David M. Lekson Coastal Management Specialist DMI,/aht cc: Preston Pate - Assistant -Director, DCM Terry Moore - Chief, &Aforoenent Section, DCM David Gossett - Field Oonsultant, DC24 Mike Smith - U.S. Army Corps of Engineers Lorraine Shinn - Regional Director, Washington Field Office Doug Mercer - Texasgulf August 13, 1986 TO: ✓Jim Tom Floyd FROM: Charles SUBJECT: CRC Meeting, September 18-19, 1986 Please read the attached material from nave Owens. We have suggested to Dave that he ask TG to address the CRC's questions directly, and that we will be present to comment as needed. He is on vacation, and I'll let you know what he decides within a week or two. In any case, vee--/,t wu- Zb zee should attend the meeting and be prepared to address the Commission. & 7411"" Sometime between now and mid -September, lets get on the phone together and go over these questons (a few are for DEM). Thanks. I fit;, RECE f RFD AVG ] 'aF D1V OF14NDRI State of North Carolina ' Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street * Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary July 30, 1986 MEMORANDUM To: Paul Wilms Steve Conrad�''��� From: Dave Owens Subject: Texasgulf David W. Owens Director At the July 24-25 Coastal Resources Commission meeting, Jim Mulligan, of OEM's Washington Regional Office, gave an update on the Texasgulf per- mits. There were a series of questions from Commission members for which there was not time for Jim to address. The Commission requested that a follow-up presentation be given at the next meeting to answer those questions. We would appreciate it if your staff would address those questions appropriate to your Division's jurisdiction and present that to the CRC at their next meeting. Whatever cannot be answered by DEM or DLR, we will refer to Texasgulf. The questions presented at the CRC meeting are attached for your staff. Please let Melissa McCullough of my staff know immediately who the contact on your staff is, so that they may be in contact concerning questions for Texasgulf and details on the CRC presentation. The next Coastal Resources Commission meeting will take place in the Southern region on September 18 and 19. The Texasgulf presentation will take place in the afternoon of the 18th. Should you have any questions, please contact Melissa McCullough or myself. Thank you for our help. PQ Banc 27687, Rakigh, North Carolina 2M1-7 tiv 1 .,: An Equal Opparttmtty AFf 7, ekphone 919.733-M3 h �:.:tti,.r.Shr2tia7 / I , ,rI Q QUESTIONS CONCERNING TEXASGULF 4 ta'ke Loc,kg r d.. p d vPq RECLAMATION. What is the reclamation procedure for a mined area? Is the preferred land use of reclaimed land agriculture? How many acres (out of total mined) have been rclaimed,,and to what land use? L 4- + d. f�ra .f,� ') Fivc (<r,rf �. CREEK SLIME. Since contruction of the clay ponds at the Charles Tract, numerous sediment changes have been noted at South and Bond Creeks -- inclu- ding contamination of hard -bottom areas, and nearshore areas with dark mucky materials. How can clay slime escape the clay ponds ( via decantation pipes, dike ruptures, water movement through dikes, pipeline or pump leaks, etc.)? Has Texasgulf taken note of these problems and sought solutions? 3, PETROLEUM IN CLAY SLIMES. Fish caught from clay ponds, and from creek waters near decantation weirs have been found to have strong oil/gas odors when cooked -- described by some as the strong smell of diesel fuel or. kerosene. What may cause this? Have fish tissues from that area been tested for petroleum contamination? Are petroleum -product wastes being disposed of in the clay ponds or via the clay pipeline? Are petoleum products used in some stage of the mining or processing of the phosphate? Q y. HYDROGEN SULFIDE ODORS. A "rotton egg" smell from Texasgulf is a noted nuisance in the area --though they may not represent a health hazard. What is the typical concentration, and the range of concentrations, of this gas in TG emissions? Are steps being taken to ameliorate this nuisance? Residents in the Bath/Bayview area have noted an apparent increase in the incidence of nuisance odors fron, TG since the Sulfuric Acid Plant No. 6 came on line. Is this plant in compliance? S, CLAY SLIMES IN MINE PITS. While the clay slurry pipeline is not functional the material is being pumped to mine pits. Why isn't this method of disposal used routinely? Since the pits intersect groundwater aquifers, is there 0,"dJcr;•Ay a danger to the groundwater quality from clay slime disposal in them? Mo"63.;.yvleb!¢ G, RIVER MINING. Does TG still propose mining the bed of the Pamlico River or its tributaries? OUTFALL ALGAE. Algae bloom seem frequent at the main plant outfali ditch, even when blooms are absent from other area canals and ditches. Why -is this and are measures being taken to eliminate the problem? T CLEAN DETERGENT ACT. TG has fought efforts to eliminate phosphate pollu- tion from laundry detergents. What portion of TG's product is sold for use in detergents. PHOSPHATE WASTES. What amount of phosphate is discharged in process wastewater? 4 /0,AIR EMISSIONS. Damage to trees and other vegetation around the Aurora plant is apparent, with TG air emissions a likely cause. Has TG or NRCD made any effort to determine the cause of the vegetation damage or made efforts to reverse it? Could there be more chronic damage to vegetation over a wider area? Also, fishermen, working in the vicinity of the plant have noted a burning sensation in their..eyes.and on exposed skin. Has ACID WASH. Where, and under what conditions, are the acid -carrying tank cars hosed out. Is the runoff from this operation contained and treated? �q GYPSUM/CLAY MIX. Recent newspaper reports indicate that the company is contemplating a 3:1 gypsum/clay mix to improve hardening of the clay slimes. Will this mix be disposed of in holding ponds? What information is available on the process or properties of the proposed mix? Has any research been done? ✓ �Q s CLAY POND DIKE EROSION. Clay pond dikes are vulnerable to erosion and ca'No storm damage ( a noted concern of the Corps). What is TG's program for Fagg monitoring and inspection of the dikes? What are the long-term plans for erosion /storm protection? Em7rgency response? - 'e"[at 4^ gyp. S 1 _- �ur're.r bl�y[�.7 1001&frr11 - writ An F".. f�4[ - _ .�iif S�4C�y fa y �i. SQ4 44'i..tg &- laSrLL� y NONPOINT SOURCE POLLUTION. What measures are taken/ to prevent or treat pollutants in stormwater runoff. HEAVY METALS. Data indicates that high concentrations of heavy metals arein the sediments of the TG outfall. What metals are found in the sedim- ments and what is their origin? t-Ps CLAY POND CAPACITY. The clay ponds are reportedly near capacity. What are the proposed alternatives for future clay fines d1'sposal? If new ponds are to be built, where will they be located? ^&y bQ 1&s PHOSPHOGYPSUM TOXICS. What types of by-products are produced with phospho- gypsum that are or may be toxic? Can they enter surface or groundwater, or be released in air emmissions, and if so,what measures are taken to prevent this? �q SLURRY TECHNOLOGY. Hydraulic slurry phosphate mining technologies are thought to entail far less environmental risk and damage than current TG techniques, and appear to be economically feasible. Is Texasgulf considering use of this methodology? Is NRCD considering requiring use of this techno- logy, if it is in fact cleaner, as a Best Available Technology for permit renewals? ry'j7-nsa rf d I',�� p e l jqjr) Y-� v S I ,.., .e s F l f vri F't OtWk. -I 11.. �" Q s%i•� r s d�a r�.,� tt urri ce-e� �. CdvtSu��sn7 r Y`PIiO-r� r �II�•r bV1 .64ej Tfi���.x.art r4-7I.Gx tl.�fc1 hfi{Gt�S L�.se HL '.• !.//y l /'�S�°j1 TKe_7 c6�I. j[4 V J 1 • t ZD ayi L;)p /aK p! V 3 C��r. Pn - Zeoa.Q�_ - .�10anG(A .�_.rxecl�`_.-L4_Dy.�- iy Gt - __. -_ ..�� � • �G � G( I-Q�ec �w,�.a �r.a�c � � a_o d c. _ .r2,.•►.�� _ IC�_dld - /'ec1a.�,.T_Y� _ --�U__g_r.� ..?7,e��k! 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T lit te Ie- r - - --- - -----y »- l O '. ��'_'�J fir,_,_c.� K'�f �3.._�_ - _-s.�r,� _1�►jt�r_y__ /70 ,'%!_'4tiQ!'� _ _ --- �i _- f� 1 ' � � 3 r i i � � ! � f � � !� i � j i � � k � t I � i I ! . r f 3 � 1 � , 4 t i 1 F { � �_ F 1 ( � i ! ; } 1 � 4 I � I ' I � � 1 � � 'r � J� `� � � 1 � I ( k � � l � F 1 1 1 i i j � i Y ! i � f i � i ! i � � � 1 ] i I i� � f S 1 ! t ; i , � j � � , � � i i j 4 i � � � � � f 1 { i t f � � ! j. i � S � � ; � I E � � � k V ': � � � � � I i � t � ! � a � $ � � + f � i � M � �, I a { i � S � � i k # � 3 ` � ' ! i � � .I i � � i ! � i � ! 1 i I � ! '` � � F � , 1 } � � j � � i _ � I I � , � t ! t � C � $ f1 i i i I 1 1 ! 1 ! i � j ! t � Ik � j 6 � � i . i � t i ` ' ; i J � ; � f f ti F � � � i � { � i E � � � ! 3 � t �i ` � � ` ` � � } _� r � � � � 1 I � i r I � � r � � f i i � � V , L t � i � ; � i _ � i ` i 1 � j f � ' � � � I � � ! 1 � ; � f � 1 ! � � 1 4 I s f � ' i ! � � i r F I � � � ,� 1 � j � ' 1 ` � � � � � y � i $ � + � y 1 i � 1 � j � � � � i . 1 i + ' � � � - 1 5A The hews and Observer. Raleigh, N.C., Friday, March 4 1988 Revisedpermit would limit Texasgulf discharge's further By TOM MATHER Staff writer State environmental officials have further tightened a proposed permit that would restrict Texas - gulf Chemicals Co.'s discharges of nutrient -rich water into the Pam- lico River. In December, the N.C. Division of Environmental Management released a preliminary draft per- mit that would require Texasgulf to halt its discharges into the river by installing a wastewater recy- cling system. The DEM has restricted that permit further, in a revised draft released Thursday, by requiring lower phosphorus concentrations in storm -water runoff from the huge mine and fertilizer plant in Beaufort County. "We've got over a 50 percent reduction in what they can dis- charge, even during high rainfall events," said Arthur Mouberry, supervisor of the DEM permits and engineering unit. "There's going to be times, when it rains, when there's going to be a [storm-waterl discharge," he said. "There's no way around it. But about 90 to 95 percent of the time, they'll be recycling." The DEM probably won't issue a final permit until late spring at the earliest, officials said. Before then, they said, the division must hold public hearings on the draft permit and work out some details, such as a timetable for the compa- ny to complete the recycling system. Thomas J. Regan Jr., a Texas - gulf vice president who manages the mining complex near Aurora, said his company had no major objections to the draft permit. "I think it's a very good per- mit," Regan said by telephone Thursday. "I think it accom- plished the objectives of a lot of people --- and that is minimal impact on the Pamlico River." Environmentalists have praised the DEM's decision requiring Texasgulf to recycle its waste- water discharges, but they have questioned whether the prelimi- nary permit had strong enough controls on storm -water runoff. Fishermen had expressed con- cerns, as well, about the large amount of fresh water the compa- ny discharges into the Pamlico, a brackish estuary with a mixture of fresh and salt water. The revised draft permit would address both of those concerns, DEM officials said. In addition to the tighter limits on runoff, they said, the recycling system would reduce fresh -water flows into the river, although the amount has not been determined yet. � "The recycling system will re - suit in a substantial reduction of the total volume [of fresh water] discharged," said Jim Mulligan, supervisor, of the DEM regional office in Washington, N.C. Texasgulf pumps out about 60 million gallons of groundwater a day in order to dewater its mining pits, from which it extracts phos- phate ore used for manufacturing fertilizer and other chemicals. Under the company's current permit, which expired in 1984, the company has been allowed to discharge up to 65 million gallons of nutrient -rich water into the Pamlico Sound. During the past year, DEM officials said, the company's discharges averaged about 50 million gallons a day, containing about 3,168 pounds of phosphorus and 2,429 pounds of fluoride per day on average. Texasgulf now accounts for 45 percent of the total phosphorus discharges into the Pamlico Riv- er, according to DEM studies. Under the new permit, officials said, the company would dis- charge no phosphorus or fluoride except to storm runoff during periods of high rainfall. Phosphorus can encourage ex- cessive growth of algae, which can deplete water of the oxygen needed by fish and other aquatic life. Scientists are not sure of the effects of fluoride. Wastewater plan OK'd for Texasgulf plant By MONTE BASGALL Staff writer North Carolina environmental officials approved a wastewater recycling plan Thursday for Tex- asgulf Inc.'s Beaufort County plant, a move that will, by 1992, drastically reduce the phosphorus and other pollutants discharged into the Pamlico River. Acting unanimously with no debate, the N.C. Environmental Management Commission ap- proved a discharge permit that sets stringent limits on the levels of phosphorus, fluoride and solids that can be dumped in the river after July 1,1992. In the meantime, a special consent order will allow the com- pany to exceed those limits for the next four years while it builds a wastewater recycling system that is supposed to eliminate all dis- charges to the Pamlico except storm water runoff. At no time in the next four years will Texasgulf s discharge stan- dards be as relaxed as they have been until now, state officials said. In 1992, the amount of pollution must be reduced by 90 percent. The permit limits came after an unusual series of negotiations that involved Texasgulf officials, envi- ronmentalists and the N.C. Divi- sion of Environmental Manage- ment. "From what's on paper, I don't know how it could be better at this point in time," said James E. Kennedy, environmental scientist for the N.C. Coastal Federation and a former employee of the N.C. Division of Environmental Mangement. "We feel this does represent a good example of how companies, environmental groups and agen- cies can work together," said Thomas J. Regan Jr., vice presi- dent of production for Texasgulf. "It represents a completely dif- ferent manner of managing water at that facility," Regan said of the planned recycling system. "It's going to require a lot of work, [but] we are confident we can meet the deadlines." Division of Environmental Mangement Director R. Paul Wilms called the company's task "a monumental undertaking." Texasgulf has been operating without a state permit since 1984, when it applied for a new permit. The company then continued op- erating under its old permit re- quirements. filing tax returns electronically and quicker processing of refund checks. A federal grand jury alleged in an indictment that Harris had prepared a false W-2 form and a false birth certificate in the name of James Thorpe. Scott took the certificate to the N.C. Division of Motor Vehicles and obtained a state identification card in the Thorpe game, the indictment said. - Scott then presented the docu- ments to the H&R Block office on Sunnybrook Road and applied for a rapid refund in the name of .lames Thorpe, according to the indictment. Scott was arrested when he returned to the office to pick up a check representing a loan based on the refund, authori- ties said. .; ti -K¢ a4,. .,qua z '�� s � 's�✓� f��� v �. � ,_ A.. Staff Pbeto by Jennifer StWb RcheUnic fair No mes - - Robert Hayes and Mike Thompson of Durham demonstrate at the state Capitol during a rally supporting federal legislation to help the homeless, one of 65 rallies across the nation urging Congress to approve the Affordable Housing Act. Members of the Triangle Coalition for the Homeless and several residents of a Durham shelter for the homeless marched Thursday from the Capitol to the Hillsborough Street office of Rep. David E. Price, D-N.C. where they presented petitions supporting the housing act_ stream of complaints about pool reception, poor customer service and frequent program interrup tions_ Alert Cable has between 8,000 and 9,000 subscribers it Cary. Williams said the firm discov eyed some technical problems is the cable system and urged Alert to abandon its plan to improve service to 60 channels without building a parallel system. "We believe it is in the best interest of the town for the cable system to be upgraded in the manner and time frame (six t( twelve months) recommended it the technical analysis," the report said. "Therefore it is recommender that the town enter into renewa negotiations with Alert Cable T% and that major issues be the N10 7/z8/u8 • Texasgulfmay win big cud �n sate fine for air Ponution,:. By TOM MATHER stiff wrker - A $5.7 million fine against Tex- asgulf Inc. for air pollution viola- tions could be reduced to $20,000 or less under an opinion issued Wednesday by the state's chief administrative law judge. Judge Robert A. Melott conclud- ed in a special order that the state Division of Environmental Man- agement erred when it fined Tex- asgulf up to $5,000 a day for violations that began more than three years before the state cited the company in December 1986. "Under law, -they cannot assess day-by-day violations until after they have given notice," Melott said in an interview. "The way this penalty got so high is they took the maximum penalty and applied it on a day-by-day basis for the entire period the plant was in violation. . "If they had gone down there the first day and told them to clean it up, then clearly they could have imposed this much." Environmental officials were dismayed by the opinion, which is not binding. "The Environmental Manage- ment Commission can reject that, opinion out of hand, and I'm sure the staff will recommend that they do so," said Don Follmer, spokesman for the state Depart- ment' of Natural Resources and Community Development. "If in fact he has recommended that much of a drastic reduction, and it is upheld at a hearing, that would have the effect of tearing the guts out of our enforcement program," Follmer said. Melott issued the opinion after Texasgulf asked his agency, which is authorized to review administrative actions, for a hear- ing on the fine by the environmen= tal management division. The opinion deals only. with how the amount was calculated, not whether the company was guilty of violating pollution laws. Melott will hold a hearing on the case later this year, he said, if the two sides do not reach 'a settlement before then. if no settlement is reached, he said, the matter will go before the EMC for a final decision. EMC Chairman Charles L. Bak- er of Charlotte said itwould not be proper for him or other commis- sion members to comment on the opinion because the commission may have to hear the case and has to remain impartial. "I don't want to know anything about this until the matter comes before us," Baker said. The Environmental Manage- ment Division fined Texasgulf $5,698,907 — the largest such penalty ever levied by the statd--- for violating air pollution laws; at the company's huge phosphorus mine and fertilizer plant in Beau- fort County. The division citedthe company for 1,724 violations_be- tween 1983 and 1986.. The most serious violation, en» vironmental officials said, was the company's removal of scrub- ber packing materials that were supposed to extract pollutants from the plant's smokestacks. That violation lasted from April 1983 to November 1986. ; Melott's opinion means that the maximum penalty the division should assess would be $5,000 for each of four separate violations of environmental regulations — � or $20,000, ' not including investiga- tive costs. Texasgulf officials said Melott's opinion should help their case. "Obviously we're pleased with the .decision," said T. Carlton Younger, vice president of law for Texasgulf. "I'm sure that there will be' other .matters that the state will want to review." If Melott's opinion is upheld, it could, have far-reaching conse- quences for the state's,enforce- ment of pollution laws, said Wil- liam E. Holman, lobbyist for the Sierra Club and the Conservation Council. + That's because the state relies on companies to monitor them- selves for compliance with po11u- tion standards, and state i spee- tors determine compliance jby periodically checking company records. "It seems to me that ,Mr. Melott's decision is like saying that murder is legal until you're notified that it's illegal," Holman said. "It seems to me that 7Ar. Melott's decision would reward a polluter for avoiding the law."; Texasgulf attorney George' W. House disagreed. + "I think that's an overstate, ment," House said. "The stateba; at its disposal a number of fen. forcemeat tools, such as crimina: action if they believe that F company has intentionally violat ed the laws." Was listed in critical•conditibn•late Wednesday at Wake Medical Cen- .ter. Husband charr&md after Wake woman shot [LU ghtud ag b rOnge do One of downtown Raleigh's st struck by lightning Wednesda brief but intense thunderstornI ,1 •A Wake County woman was shot in the head Tuesday night after an apparent domestic dispute, police said. CP&L ���k Barbara Jean Leeds, 31, who lives in the Bass Road Trailer Court off Turnipseed Road near nn f� Knightdale, was in critical condi- Ire l eot (cut tion Wednesday at Wake Medical Center. ° Ms. Leeds was struck by a .22-caliber bullet shot from a rifl through a kitchen window shortly before 11 p.m. Tuesday, said 'Wake County Sheriff's Deputy K,.G, Hawley. Her husband, Mark -C. Leeds, 33, of 405 Sandy Run, 'was charged with felony assault and first -degree burglary, accord- ing to warrants. 1.+ 'Davie stmet section 'to be closed Sunday " Two blocks of Davie Street in ,downtown Raleigh will be closed "So some people, starting to get• 'guiiday while elevator equipment J9' loaded to the roof of the Sir 'Waiter Apartments. ° `Davie Street, from Wilmington Rez(HRM0 'fo'Salisbury streets, will be closed from 8 a.m. to 4 p.m. Sunday. 9 Ve, science museum �I�IIv1ilP1110.Y1RdP1� Continued from page I C 'looks at downtown site ,,iDURHAM -- The N.C. Museum of Life and Science is willing to consider a downtown site for its planned science and technology center, Thomas H. Krakauer, ex- *.4 ive director of the museum, said Wednesday. `' '&hkauer said the museum's Vaard of directors had spoken J. Adam Abram, a Durham P eveloper reportedly working on a dal for the American Tobacco roperty downtown. He said 'Abram talked "in general about the museum and the community" when he appeared before the board in late May. He would not say who instigated the meeting. "He was not making a specific 'resentation as a developer, just as. person who is involved with the future of the community," ,Krakauer said. "There has been no offer, and there is no commit- finhnt that if we were to receive an -offer, that it would be accepted." ;�w��lea�rsaalte t�lre�tno�sna cited In judge's bulling `'')3URHAM — Rejecting a re- 'h'hest by the N.C. Division of Voi th Services, Judge Kenneth C. IMJus ruled against releasing a 1s_year-old repeat sexual offender Vom the C.A. Dillon training hool in Butner, saying the boy ad' not received special treat - borrow anything," said Fulton S. Holmes, vice president for utility research for the New York invest- ment firm of Thomson McKinnon Securities Inc. Holmes said that during June; CP&L stock had the 14th worst performance of the 104 investor - owned utilities that he watches. Continued from page I C size of Crabtree Valley Mall, according to the city Planning Department. These requests will be forward- ed to the council for consideration beginning Tuesday. In similar cases the council typically encour- ages developers to submit master plans that are subject to negotia- tion with council members. In addition, the commission last year recommended the rezoning of 110.7 acres on the north side of U.S. 70 at its eastern intersection with Ebenezer.Church Road, Con- ditions of the rezoning indicate that 1,550 units of multifamily. housing are in the works. But that request was stalled Tuesday in the council's Compre- hensive Planning Committee over concerns about the preservation of trees and natural terrainin the area, as well as control of storm - water runoff. The developer's pre- liminary plans indicate that some retail, office and hotel uses are under consideration. According to Gregory L. Hal- lam, a city planner, the rezoning request is expected to be revised and resubmitted. More rezoning requests are like - Iv in the Umstead di0rie-f Uallam "Input sought - bit Texasgulf - wa -ee. plan - _ By TOM MATHER �'. : and JERRY ALLEGOOD Staff Writers -%WAS#3iNGTON, N.C: — Envi- r6mentalists generally applaud a- ,proposal that Texasgulf Inc. rie ycle wastewater, from its huge Beaufort County phosphate plant in4tead of discharging. into the Pamlico River, but some critics say. -loopholes could weaken the plan: - , The recycling system called for jp'a new wastewater permit would eliminate most of the pollutants In • tal Management, which has been the plant's 50-million-gallon-a-day negotiating with Texasgulf over a 'di'scharges, Texasgulf and state new permit since ,the company's i gfficials said at a •public hearing old' permit expired In 1984. The Mdoday•night in Washington, N.C. 3,000-acre mine and fertilizer But environmentalists said they manufacturing plant is on the wanted that in writing. south shore of the Pamlico,River j '"All "All the good, intentions aside, near Aurora. t - .e state --is asking Texasgulf tb Environmentalists and fisher - tell 'us ,what they can or cannot men have blamed the company discharge," said David A. for declining fisheries,and water McNaught, director, of Pamlico- pollution in the Pamlico `Sound. 'Tar River Foundation. "If the Since 1980, the plant annually [wastewater] permit were issued has discharged'529 tons of -phos, I as is, the specifics of the permit phorus =-- or about 3,000 poundsta would be determined between the, day — and 348 tons of fluoride into state and the- company with no the Pamlico., Under the new per-, public participation." mit, company :officials esti'mate' The hearing was conducted by -.,the state Division of Environmen- See TEXASGULF.'pageQC, " ! J.r I. ' 1 ,mil Texas if wastewater rec clipplan a laud e - ConUnuedjram,page 1.0 they could :keep mining through Coastal Federation, said the per- . need to specify such numbers in i the 21st century at their current ' mit should spell out the specific the permit. the plant 4vill cut its, discharges of - : mining rate of about 300, acres' a amount of waste ; reductions the ' phosphorus by 90 ,• percent 'and, year. plant must achieve with the recy- � •`"The very fact they we're re- � fluoride by,75 percent: _ cling system. gwrmg them to install,this new = water recycling system takes ' "This is,_an investment in the The plant now accounts far care of that problem," -Follmer about 95 percent of the phosphorus "I`h stuff that (Texasguif offs" environment, Thomas. J. Regan ' " . said ' in . a telephone. interview. entering the. Pamlico .Sound, ac- cials) were talking about --,go Jr., a Texasgttlf vice president This -is a real, revolutionary sort and manager of the loot said in carding to state studies. In com- percent ' reductions, 75 percent _ g - p parison; .all- of - the' municipal reductions -'= that's` all good,' , of breakthrough. an interview_ before the hearing. wastewater treatment plants that ` Kennedy said before'the hearing. , The difference is that we are "But it's not in the permit. I don't know what more we ' discharge into the Pamlico -Tar pe t. going to recycle and,reuse -water. r + ,could want or ask. I'm surprised that we currently ,use now one basin contribute 26 percent of the anybody's being critical of it. The time,andthen'discha_rge. This will , phosphorus load: "The draft permit doesn't limit Coastal Federation is going to r cause us to conduct business in a• . or restrain the magnitude of their have to find another boogeyman." 'completely: different way than we Phosphorus is a nutrient that discharge. That's a verbal com- do'nory " can encourage growth" of algae. mitment: I• ' say 'puts, it , in the. • Such` algal tiloonzs . can .. deplete permit:" .Texasgulf,,which einploys about , water of -the oxygen needed by �. '• _ More �OCaI 1,200 people at�the p3arit;.owns or . < fish aridotlieraquatic life., But Don Follmer, spokesman +w - tihas the mineral rights to about, F _ for the state Department'of Natu- .news;:ypage 8B: 80,000 acres of load. in -Beaufort •.James E..Kennedy, an environ- ral • Resources_ and Community. r ' County. C6iiipaii)';officiais -say mental scientist with the N C •'Developen mt, said there was no - ' I , , N.C. Department of Environment, Health, and Natural Resources Division of Land Resources, Land Quality Section Tele h n L p o e og Date:g� 12's " Q Sheet i of Time: t am Call: Placed Received ❑ PM Returned ❑ 1. Project: r County: 2. Conversation with: Telephone:`3z--fit l 3. Affiliation: �Gr _ 0 4. Content of conversation: w P ail! / ✓/ rdi. 0 N.C. Department of Environment, Health, and Natural Resources Division of Land Resources, Land Quality Section Tele hone In Dater_ 17 / -IM Time:11�L� Xam ❑ pm Sheet __Lof Placed Received ❑ Retw-ned ❑ County: i— U 2. Conversation with: Telephone: ( } 3. Affiliation: 4. Content of conversation:_ 7'm cc: Filed by: Call: ®Texasguif lnc. elf aqultalne group P.O. Box 48 Aurora, North Carolina 27806 August 28, 1991 Mr. Tracy Davis State Mining Specialist Division of Land Resources North Carolina Department of EHNR P. 0. Box 27687 Raleigh, North Carolina 27611 Dear Mr. Davis: Phosphate Operations (919) 322-4111 '0 ttc Pa-��� S�G�tipN LW° Texasgulf would like to request a modification of Mine Permit 7-1 to construct a new sulfur rail unloading system adjacent to our current sulfur tracks on our plantsite. The sediment and erosion control plan and partial fees were submitted to the DLR on August 27, 1991. Enclosed is a check for $400.00 which will cover the remaining fee for this request. We would appreciate approval of this modification as soon as possible. If you have any questions, please give me a call. Sincerely, l I 7"'Ata e rr C. Furness vironmental Scientist JCF/re Enclosure pc: Floyd Williams - DLR, Washington (w/o encl) 18--53 (w/o encl) 00-14-000 (w/o encl) Texasgulf�. P.O, Box 48,- Aurora, Nortkarolina 27806 PAY.TO:THE ORDER OF August 27 19.919 Nor�h.VCaro1ina Dept. of EHNR P '0 :Box`.' 1507 Wallington, NC 27889 WACHOVLA BANK AND TRUST GO. WINSTON-SALEM; N.G. ®TexasgulfnC: P.O. Box 48 Aurora North Carolina 27W August 27 PAY TO THE ORDER`& t ' r w: . Dept ::E-HNR . '!Worth, Carolina y°af ''4Ja'shir►gton`;'-5,NC 278819--'1 • i yW�µpwS BANK A 6t6UST CO .4 � C 1 `S { WINSTON-SALEWN.0 ,CHECK,NUMBER4; t,059:380s� • ti :x a CONTROL r..� NLIAABER AAMOUNT , FAQ** $510.00: 1. 6Q-48 531 t; 1991. CONTROL NUMBER ' < S i O • . 5 � � S� ..Ar��34 ��� ._ F f* Tarr` r��•y kT CHECK NUMBER'': 0 5.9137 9 Y3Zo`823 -:AMOUNT .IV, .. r 1� s01 ✓ y � � ,���� •1r ,1 ; "S? �� ; .0 �F �j. •! it ®Texasgulf-►��. ��59399 HEC UMeER�� P.O. Box 48 r CONTROL y,• "r 3`; Aurora, North'C.arolina 27806 August. 28, 1991 NUMBER oo Q 44 y PAY TO THORDER OF !r' i E rf <IOUNT s" Y_ $400i- o" $40o.:00** . J� North Carolina Dept. of EHNR P, 0. Box 27687 ;. Raleigh, NC 27611 r i WACHCMW BANK AND TRUST CO. _ - WNSTON-$ALEM, N.G w' !-r. Z ,MM r Oh -off � | � � � � ` . � • - � , . � . � , � • � . � { � � } { \ � � } • • / . � . ` } '{ ! . � | \ � • | � � | � � • � � ' � � � � � � { � � ! � ' : � � ` � ` | � � � � � § . . , Ilk � 1 � | • � , � � ' � � � . . � [ , \ � | ! , . | , ' . • � / i . � ' } ' � , | � � ! � � � \ � \ • \ / | ` i | • | ! ! ! � � � � � � � \ i i • � � } � | i } \ � � \ � | � � | | � � • ! � � � { � § | � • ] � . � � { � � � � � � � � | • � � ` 0 -1 ( 1O(q1 Progress of Ditching and Erosion Control within the 250 Acre Modification Area Mine Permit 7-1 - Texasgulf Inc. I. Siltation Control Drainage Canal A. Active construction of the #6 siltation control canal will be completed with the tie-in to the #6 retention pond on July 12, 1991. Construction began on June 17, 1991. B. Canal slopes are 2.5:1 and have had 2:1 side slopes with a 5 foot buffer at the outside crest which will be seeded and fertilized starting on July 8, 1991 through July 12, 1991. C. Rock check dams are to be placed in existing field ditches where they enter the relocated canal. D. The outlet of the relocated canal is upstream of the previously constructed rock check dam. E. The canal side slopes will be seeded and prepared for stabilization by July 12, 1991. II. Toe Silt Ditch A. Toe silt ditch construction began on July 1, 1991. Estimated feet of ditch completed as of July 10, 1991 = 3,500 feet. Estimated feet of ditch left to complete = 5,000 feet by July 15, 1991. B. Toe silt ditch is designed to be constructed with 2:1 side slopes with a 1 foot wide bottom and cut 2 feet deep. C. The toe silt ditch is outside of outfall canal and associated spoil and is to be isolated from any existing cross ditches or canals. D. Seeding and stabilization of side slopes of toe ditch to begin on July 15, 1991. III. Outfall Canal Extension A. Outfall canal construction began on July 3, 1991 with ± 1,800 feet of canal completed as of July 10, 1991 with ± 6,600 feet remaining. Estimated date of completion to be September 15, 1991. B. Surface drainage within the 250 acre modification is to remain inside the active mine area. Waters to be routed to internal mine water clarification area. C. The excavated canal will be connected by existing mine outfall by September 15, 1991. D. Outfall canal excavation spoil is to be placed adjacent to the canal and graded. Canal side slopes are to be 2:1 with a 3 foot wide bottom and a cut 10 feet deep. Side slopes of the outside spoil are to be 2.5:1. __ --W,. _ ...... _ 4 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor wiiiiam W. Cobey, Jr., secretary July 8, 1991 Mr. W. A. Schimming, Manager Environmental Affairs Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 Dear Mr. Schimming: This is to acknowledge receipt reclamation activities for the first reclamation plans for the last half mining permit. Charier H. Gardner Director of your description of half of 1991 and the of 1991 as required by your Please pass on to Mr. Regan and all appropriate employees my compliments on the work you are doing and your direction towards reclamation of the Charles Tract and blend waste areas. With continued consistent determination in ditching, drying, weed control, and planting, I believe you are going to end up with final waste area reclamation your company can be very proud of. This office looks forward to your next progress report. CHG/TED/sl Sincerely, Charles H. Gardner, P.G., P.E. cc : _Mr_._Mell—Nevils —• Mr. Tracy Davis. `Mr. Floyd Williams It P.O. Box 27687 • Raleigh. N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity AiHrmadve Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martfn. Governor William W. Cobey, Jr., Secretary July 8, 1991 Mr. W. A. Schimming, Manager Environmental Affairs Texasgulf, , Inc. P.O. Box 48 Aurora, North Carolina 27806 Dear Mr. Schimming: Charles H. Gardner Director This is to acknowledge receipt of your description of reclamation activities for the first half of 1991 and the reclamation plans for the last half of 1991 as required by your mining permit. Please pass on to Mr. Regan and all appropriate employees my compliments on the work you are doing and your direction towards reclamation of the Charles Tract and blend waste areas. With continued consistent determination in ditching; drying, weed control, and planting, I believe you are going to end up with final waste area reclamation your company can be very proud of. This office looks forward to your next progress report. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/sl cc: Mr. Mell Nevils Mr. Tracy Davis Mr. Floyd Williams t P.O. Box 27687 + Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer N•.C. DEPT. OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 27687 RALEIGH, N•.C. 27611 FAX: (919) 733-2622 �l jf LAND QUALITY SECTION TELECOPY TO: AV F ..0114 N P�l r4 M-011& Ro o pwf W-- M�w mon - - � NO. OF PAGES INCLUDING THIS.S T: COMMENTS: f h["Z & .1 1, i�1 TO: FROM: Tracy Davis State Mining Specialis Floyd R. Will Regional Engi Washington Re SUBJECT: Texasgulf, Inc. Proposed 250 Acre Mining Permit V-1 Beaufort County DATE: June 7, 1991 ce Westward Expansion ��o ✓G r ��L uu_ Rb Flo ti As you know, Texasgulf has requested approval to expand its mining operation to include 250 acres westward of its existing affected area. These 250 acres are located within the existing boundaries of Permit V-1. I have visited this area a number of times during -the past few months. Drainage from the 250 additional acres drain into a number of the sediment basins that have been recently constructed in the area. These basins along with the proposed toe silt ditch and proposed seeding should be adequate for erosion and sedimentation control. / The vegetative plan for permanent seeding is on page 9 of the �- ✓ Sedimentation Control Plan. I recommend that 50 lbs/acre of Pensacola Bahigrass be added to the mixture. Please note that Sheet 1 of 1 of the calculation indicated that �44KI the Outfall Canal toe silt ditch to have 1 to 1 side slopes. This should be 2 to 1 as indicated on page 8.1 of the sedimentation plan. I have enclosed comments from DEM Water Quality and Groundwater Section and also from CAMA. s DIVISION OF ENVIRONMENTAL MANAGEMENT May 24, 1991 MEMORANDUM TO. Floyd Williams, Regional Engineer Land Quality Section, WaRO THROUGH: Roger K. Thorpe Water Quality Regional Supervisor Washington Regional Office �J FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Texasgulf Inc. Proposed 250 Acre Westward Expansion Mining permit Application Beaufort County The above subject document has been reviewed by this office for water quality concerns. The proposed mining site is located within the existing boundaries of mining permit 117.1. This 250 acre area is presently cleared and delineated by the US Army Corps of Engineers as being non -jurisdictional (not wetlands). There are no tributaries of State waters within this area. The area is, however, within the total area of the present study being performed by - Texasgulf Inc. for an Environmental Impact Statement. This office is of the opinion that Texasgulf Inc.'s proposal to mine this 250 acre site would not adversely impact water quality. The company should, however, conduct studies of this proposed area of the mining advance to determine if there are any secondary impacts which may result. If you have any questions or comments, please call this office at 946-6481. Thank you.- DS/cm Memorandum To: Floyd Williams Regional Engineer Land Quality Section Washington Regional Office From: David L. Gossett CIA NC Division of Coastal Management Washington Regional Office Subj: Division of Coastal Management Continents Texasgulf Inc. Proposed 250 Acre Westward nine Expansion Beaufort County I have reviewed the subject document and have determined that the project as proposed is not located within any Area of Environmental Concern as designated by the Coastal Resources Commission; therefore, no permits will be required from the Division_ of Costal Management. Also the project should not have any secondary impacts on any AEC if proper sedimentation and erosion control devices arc employed. As you arc aware, Texasgulf inc. is midway through the development of an E•1S for its mine advancement. The 250 acres that are being reviewed by the Land Quality Section are within the designated EIS area. Since much emphasis has been placed on wetland impacts within the EIS •area, I .suggest that the Cores of Engineers be asked to review axasgulf"z proposal to make sure no wetlands will be involved. cc: Terry Moore , �E DIVISION OF ENVIRONMENTAL MANAGEMENT May 24. 1991 lwyIDI; 143111 0litz1 TO: Floyd Williams, Regional Engineer Land Quality Section, Washington Regional Office FROM: Guy Pearce Groundwater Section, Washington Regional Office SUBJECT: Texasgulf Inc. Proposed 250 Acre Westward Expansion Mining Permit #7-1 Beaufort County The Washington Regional Office Groundwater Section has reviewed the subject permit modification request. Although the dewatering of this area will lower the groundwater level to some degree, we do not foresee any long term adverse impacts. We, therefore, have no objections to the proposal. If you wish to discuss this matter further, please contact me at any time. GP/cm RECEIVED JUN U 5 1W NO QUALITY SECTION ® North Carolina Wildlife Resources Commission KN 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: Tracy Davis, Mining Specialist Land Quality Section _ FROM: Dennis L. Stewart, Manager Habitat Conservation Program DATE: June 4, 1991 SUBJECT: Texasgulf Mining Permit Modification Request, Lee Creek Mine, Permit No. 7-01, Beaufort County, North Carolina. Biologists on our staff have reviewed the subject modification request. We do not object to the proposed modification provided that all activities are conducted in accordance with provisions of the Sedimentation and Erosion Control Plan dated April 18, 1991. Thank you for the opportunity to comment on this modification request. If we can provide further assistance, please call on us. DLS/lp cc: Bobby Maddrey, District 2 Wildlife Biologist 9/o�s./3.aD-, e�_ a RECEIVED State of North Carolina MAY 13 1991 Department of Environment, Health, and Natural Resd ego,jsr; vA Ili,, SECTION Division of Land Resources James G. Martin, Governor William W. Cobey, Jr., Secretary May 7, 1991 NTMuTiM± ►01ffMU TO: Fred Harris Chief, Division of Boating and Habitat Conservation Program Wildlife Resources Commission FROM: Tracy Davis Mining Specialist Land Quality Section Inland Fisheries RE: Mining Permit Modification Request Texasgulf, Inc. Lee Creek Mine Mining Permit No. 7-01 Beaufort County Charles H. Gardner Director Please find attached for your review a copy of the mining permit modification request for the above referenced project. Texasgulf, Inc. proposes to add a 250 acre mine (block) advance to the west of the current mine excavation within the mining permit boundaries. Please review this information and advise as to the probability of the operation having unduly adverse effect on wiid.l-i•fe--or._f.reshwater fisheries (G.S. 74-51 (2)). Please respond by May 31_„ 11991 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications and modification requests, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and offsite sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact Mr. Jeff Furness at (919) 322-4111 to set up a convenient date and time. Your continued cooperation in the review of these type requests is very much appreciated. TED/se Attachments cc: Mr. Floyd Williams, P.G. P.O. Box 27687 • Raleigh, N.C. 27611-7687 & Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer t ® Texasgulf Inc. ell aquilatne group P.O. Box 48 Aurora, North Carolina 27806 April 15, 1991 Mr. Charles Gardner, Chief Division of Land Resources North Carolina Department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: tr:�ti r ;D IV. LAND '140. W.A. Schimming Manager Environmental Affairs (919) 322-4111, RECEIVED LAND QUALITY SECTION A meeting was held at Texasgulf with Tracy Davis and Floyd Williams on April 2 to discuss our short term and long term mining plans. Plans were discussed that involved moving the mine westward from its current location, still within the currently permitted area of Mine Permit 7-1, and then turning south, out of the area permitted under 7--1. That is our plan for the short term. We gave Tracy a letter addressed to you dated April 2, 1991, requesting a modification of Mine Permit 7- 1 to add 700 acres of land south -of the current mine. Much of the discussion during the meeting centered on sediment and erosion control plans for future movement of the mine. We were instructed to submit specific plans for sediment and erosion control as close as possible to the outer limit of our land disturbing activities whenever we enter a new area. In accordance with this new request, enclosed is a sediment and erosion control plan by Bob Chiles that addresses approximately 250 acres of land that will be encompassed by relocating our perimeter outfall canal west of its current location. Thisplan also relates to a request in a March 18, 1991 letter to Floyd Williams to relocate 2,100 feet of a farmland drainage canal due to westward movement of the mine. A copy of that letter is also enclosed. Please keep in mind that this westward progression of the mine is not a modification of Mine Permit 7-1, because it still falls within the area currently covered under Mine Permit 7-1.- In the near future, we will submit sediment and erosion control plans and a check for $500.00 for the additional 700 acres requested in our April 2 letter to you, that does involve a modification of Mine Permit 7-1. Mr. Charles Gardner April 15, 1991 Page Two We would appreciate your prompt review of this sediment and erosion control plan so that we may begin immediate preparations for the westward mine progression. If you have any questions, please do not hesitate to call Jeff of myself. Sincerely, Ajl�' �Gflt'l1ltif W. A. Schimmin WAS:JCF/re Enclosures cc: Floyd Williams - DLR, WRO (w/encl) ®Texasg u If lnc. elf aquitaine group P.O. Box 48 Aurora, North CarolinJX27806 W.A. Schimming Manager Environmental Affairs (919) 322-4111 March 18, 1991 Mr. Floyd Williams Division of Land Resources North Carolina Department of Environment, Health, and Natural Resources F. 0. Box 1507 Washington, North Carolina 27889 Dear Mr. Williams: Due to the westward advancement of the mine, the main canal draining land south to Whitehurst Creek will be severed. This canal leads into the Block C sediment basin which is currently under construction. We propose to relocate a 2,100-foot segment -of the canal further south. This segment would -run from the "S" curve in the canal to just upstream from the large rock check dam that is in place in the canal, and is shown on the attached sketch. Please let me know if you approve of this plan, so that we may proceed. If you have any questions, please call Bill Schimming or myself. Sincerely, J frey C.-Furness JCF.mw Attachment pc: W. A. Schimming C. H. Brown R. M. Chiles 12-04-000-01 00-14-000 - W/Attachment W/O Attachment W/Attachment W/Attachment W/O Attachment r �,, Fp 14NO o 004417}•8 fQ ION SEDIMENTATION do EROSION CONTROL PLAN MINE PERMIT 7-1/250 ACRE BLOCK FOR TEXASGULF INC. JOB NO: 90109 Prepared By: ROBERT M. CAILES, P.E. April 18, 1991 ` �.��iiernrlll� i G,���. !l rl lllil1►1►1 i INDEX ' 1. Narrative 2. Scope of the Work ' 3. Planned Erosion and Sedimentation Control Practices 4. Construction Schedule ' S. Maintenance Plan 6. Soil_Map 7. Drainage System Watershed Map ' S. Site/Vicinity/Development Plan 8. Vegetative Plan 10. Construction Specifications 11. Calculations 12. Appendix ' 13. Financial Responsibility Form 14. Check List 1� PROJECT DESCRIPTION The purpose of the project is to extend the Texasgulf Inc.. mining block to the west of the existing mine to include approximately 250 acres of land currently under cultivation. The site is located in Richlands Township, Beaufort County, North Carolina. The site is located to the south and west of the cur- rent active mine and is shown on the attached site map. The work exterior to the proposed extended mine area will include relocating approximately 2200 linear feet of existing canal currently providing drainage to agricultural and timber lands south and west of the mine. No additional' runoff will be directed to this relocated canal and a large portion of the approximate- ly 250 acres to be added to the mine will be deleted from the accumulated runoff to this canal. SITE DESCRIPTION The site of the continuation of the mine is flat with almost 0% slope throughout. The continuation of the mine will result in no additional runoff exterior to the new mine perimeter outfall canal. The land within ' this outfall canal'wlll be drained Internal to the mine and through the existing runoff control devices. ' ADJACENT PROPERTY The lands exterior to the mine site are agricultural and timberland. No modification of watershed is pro- posed that will increase runoff exterior to the mine site. SOILS The soils throughout the sites are mixed, but consist ' in general of fine sandy loam material. The subsoils vary and include some sandy clay. OUTLINE OF THE WORK ' 1. Relocate approximately 2200 linear feet of exist- ing drainage canal south of the site. ' 2. Construct approximately 8000 linear feet of new' perimeter outfall canal for the mine and- connect ' this to the existing mine outfall canal system. 3. Connect existing drainage within the new mine area to the existing mine control system. 1 1 SCOPE QE M WORK I. RELOCATE EXISTING FIELD DRAINAGE CANAL A. Location- Begin New Canal at N-13750 E+1600 TG Co-ord system End New Canal at N-13750 E+3800 B. Cross Section - 2.6:1 Side Slopes 5' Wide Bottom - Cut=4'+- C. Procedure 1. Excavate canal leaving upstream end plugged until excavation completed and banks shaped. Spoil shall be placed adJacent to the canal and graded. 2. The downstream end of the relocated canal shall connect Just upstream of the existing rock check dam. 3. Install new rock check dams in each cross ditch connection with canal at points shown on site plan. 4. Seed and stabilize spoil, side slopes and buffer to canal. D. References. 1. Site Plan -Mine Permit 7-1/250 Acre Block 2. Seeding Specification E. Sediment Basin (Existing) 1, The 76' x 600' sediment basin constructed near Whitehurst Creek- is considered sufficient for runoff resulting from the canal relocation. ' This sediment basin is located per Division of Land Resources, Land Quality Section letter February 8, 1991. The relocation of the canal with the asso- ciated continuation of the mine area will result in a decrease in the runoff area contributing to flow through the sediment basin. 2 II. CONSTRUCT EXTENSION OF MINE OUTFALL CANAL A. Location - Begin New Canal at N. (-) 14,000 E. {+) 3,500 + (TG Co-ord. system) -End New Canal at N. (-) 9,000 + E. (+) 600 B. Cross Section - 1:1 Side Slopes (Canal) 2.5:1 Side Slope (Outside spoil) 3' Wide Bottom Cut = 10 +- C. Toe Silt Ditch - 2:1 Side Slopes 1' Wide Bottom +- Cut =2' D. Procedure 1. Plug, redirect or otherwise modify surface drain- age within the new•mine perimeter to direct runoff to the mine system. 2. Construct perimeter toe silt ditch outside spoil and isolated from any existing cross ditches or canals. 3. Excavate canal and connect to the mine outfall canal system. Spoil to be placed adJacent to the canal and graded. 4. Seed and stabilize spoil, side slopes and toe ditch. E. References: 1. Site Plan - Mine Permit 7-1/250 Acre Block. 2. Seeding specifications 6:11 2_21 PLANNED EROSION AND SEDIMENTATION CONTROL PRACTICES �. I. Relocated Drainage Canal Ia. Canal side slopes to be 2.5:1. b. Canal side slopes to have a 5 foot wide seeded buffer at the outside of the crest. IC. Canal outfall to be to a 751x600' sediment basin previously constructed. Id. Rock check dams to be placed in existing field ditches where they enter the relocated canal F section. e. The outlet from the relocated canal will be o t Just upstream of a previously constructed rock check dam. f. The spoil from the canal excavation will be graded to 2:1 side slopes and seeded. g. The canal side slopes are to be seeded and stabi- lized. II. Outfall Canal a. The toe of -the exterior spoil berm is to have a small vee ditch to serve as a silt basin for slope _ runoff. b. The slopes of the canal and spoil will be seeded. C. Existing ditches exterior to the outfall canal will be blocked so as to prevent flow into or out of the canal through these exterior ditches. 3 CONSTRUCTION SCHEME 1. Obtain plan approval and other applicable permits. 2. Survey and mark grades, construction limits and loca- tions for the canals and check dams. 3. Hold pre -construction conference at least one week prior to starting the work. 4. Install blockage or earthen dams in existing drainage that will flow into or away from the work. Excavate toe silt ditch around perimeter of the new outfall ' canal. 5. Prior to connecting the Relocated Drainage Canal to the ' existing drainage canal verify that the #6 sediment basin is completed and operating. 6. Connect existing drainage within the area contained by the new outfaiI canal'to the existing mine outfall drainage and control system. ' 7. Excavate canals, stabilize ditch slopes and seed spoil slopes. No completed earth work to remain open without stabilization for more than 30 days. 8. All work to be inspected weekly and after each rainfall event. Needed repairs and corrective action to be taken immediately as required. i 1 1 � 4 1 MAINTENANCE PLAN ' 1. All erosion and sediment control practices shall be checked for stability and operation following every ' runoff producing rainfall and In no case less than once every week during construction. ' 2. Capon completion of the work, the owner shall inspect the site following every runoff producing rainfall and shall --maintain a written log of each inspection. Any needed repairs will be made immediately to maintain all ' practices as designed. 3. The outfall canal toe ditch/sediment trap shall be ! Inspected monthly. When sediment reaches 50% of the volume available the ditch shall be cleaned out and the resulting spoil seeded. ' 4. The sediment basin for the relocated canal shall be Inspected and sediment build-up measured by sounding the pond on a yearly basis. When the sediment reaches the level of entering the ditch bottom, the channel will be diverted to the previous canal, the basin cleaned out and restored to as designed condition (See Block C, Sediment Basin, Farm Land Development Protect, RMC #90088, July 5, 1990). ' b. All seeded areas will be maintained such to sustain vegetation. Any bare areas will be replanted as neces- sary. FnR TRYecrrti_R I Nr. 90109 r. :'.'k'o, �w .J • ss 1� �.:�'rT.I �,` l4 '' ry lr ' Yr � •••.t' ,F• Bg � J:tJ -,n =• 9 2 ".►•.; ,�' r.-.i +r{rr•3�'. :.�. "•� � �� 7,.ILT'i+ft:Y!11`S r! rSti:` '."^v •'�•'Vf• 'J q;.. w.. itt •�. J i '�; i � , ��. S �'� ��] >� �,�4,. r� •��' yr4 i 4f \"[SAX 7 , t. A,V�' lat ,i��ii[}r •'ff r' j ^' '��•.,�+�1 .�• �• �' ?:fj: ' y'i7'�,� r - •'i='. ��T,�' � �'ik,�S` 10oe '. 1 � M :' .. ♦ •� , � �'.'1 ;�"�' "..ter. E. Nli 88 d(' •�•„+ r.l .. i ' � �i- �r `fY�I •-�.. f, ��R �SY \ K']� �l � ••act , 3s � �:� � �<-, i , ,fV• t � . �, Tvr,Vi I� �,{.r �• ,7 �' 1'� a' r • Z � t � �i � ` "'• `, •r �1! ' Ii {SL..1 4 jw� • s lK.�• , it �.,.}1ys t[f R� 1'1,�7y�7L�r4L JL�► 11 5 �3i }�:h. �L,.� 1, �` .ht•a: .��;i� 1�� .S•k������1dt•^! .,lti�l.' . /`w�•+Y7T.•i .'i.RY�}r � . �'iy{ '..T, .. •, i 'I +•" L �'"� . I U, S. DCPARTME,sT OF AGWCULTVRE APPROX. S:ALE ' $OII. SURVEY F'ELD SKEET Soil CCtiSfRYaT•04 SERVrCe I' 1310' �e="L'FOR'C ,•, PLI.' \3..T. — I S747E A3p'CUL%4AL EAPER1MENT STAT,O'•r �"""•wr•'-•�`•: ADVANCE CCPY StrBJECT TO CHANGE ' ' s +.'��OIL MAP Arts twWA409 iyrfom Aen; A Durham Creek Comply 24142 11 Portor Crook 2042 C Unfi*Med trlj�utary 334 D Huddlos Cut 972 E Huddy out 490 r 6ond Croak 1L902 Sou7H CRECK COMPLEX C toetoq C+eek d9a H lWksrotor Creek 402 1 Jeeeb's Crook 4pg C1. 1 2 3 6 Miles James, crook 020 K Whltohurot Croak 2896 U 6011gr Cook 4310 Scale m Woomtiski Swamp 2510 N Cyprus Run 2584 0 Lonq Crook 209 P Short Cook 154 0 Little Creek 1953 HftidOOwn Run 4411 Rern. Unnamed Argos 14590 PAM LI00 FIIVZR All, , i r .. if = L 1/11 /111111 •.•f 1 .,. % f/ S 1 �R • DRAINAGE SYSTEMS. TEXASQULF MINE EIS errlo aeq Ftowro 3,2, L33 [NIT SEDIMENTATION. a EROSION CONTROL PLAN MINE PERMIT 7-I / 250 ACRE BLOCK FOR TEXASGULF INC. ►►IOsM1Af[ G1[RATfptla AMQAs NORTH CAOMINA tGOADATE NO. ROBERT M. CHILES, P E. LE r - 5000 ENGINEERS AND CONSULTANTS NEVgmas WNW - NORTH CAMXINA 't N -10000 .7 I SURFACE7 RAINAGE TO MINE - SYSTEM _ITO PIT N RA INNAd N -12000 —1 j 1.7, MINE t ml 4 7- 7-1 1 50 ACRE BLOC rp GJ2 v A ABANDONE ANAL N -14000 OUT OCATED-pi-fl DRAINAGE. C v 3 2 500 BA U F* MT. n%&^ % DAM SITE PLAN V— cmd&L 7-7 I L T ';ACTIVE 1-7t ROCK CHECK. 's-- DAM ro 63 N% %; NL F I LIMIT OF MINE' ACTIVITY UNDISTURBED - TOE SILT DITCH ALL ALONG SPOIL I SPOIL 2. 6.72 EL. 12.5' ± 1 EXIST. GRD, I OUTFALL CANAL SECTION A -A I RELOCATED CANAL TO CONNECT UPSTREAM OF EXISTING ROCK CHECK DAM OUTFALL CANAL ��IEL, +3.0± SPOIL GFJADED a 5- SEEDED 6.72 5' 4' /3FIa—1 2.5 RELOCATED DRAINAGE CANAL CROSS SECTION B-9 REVISED 4-15-91 ADDED INFO. TO SITE PLAN AND CHANGED DETAIL i VEGETATIVE PLAN PERKANENT SEEDING 1. All disturbed areas are to be seeded within 30 working days after final grade is reached. 2. Seed Mixture -General ERepAes We M/acre) Tail Fescue 80 Kobe Lespedeza 20 German Millet 10 Note: The above mixture is best planted in early spring (February 16-April 30) or fall (Sept. 1 - Oct. 31). Should planting be necessary in summer months Increase rate of German Millet to 40 lb./acre. 3. Soil Amendments Apply lime and fertilizer according to soil tests or 4,000 lb/acre ground agricultural limestone and 1000 lb/acre 5-10-10 fertilizer. Rg n.L apply fertilizer to buffer zone adJacent to main canals. 4. Mulch Apply 4000-5000 lb/acre grain straw or equivalent cover of another mulch with -asphalt, roving or netting, or crimping using a mulch anchoring tool. 5. Maintenance 90109V (a) Mow no more than once per year. (b) Re -fertilize in the second year unless growth is fully adequate. (c) Reseed, fertilize, and mulch damaged areas Immedi- ately. 0 II ' Practice Standards and Specifications 6.11 - • 1 Ps O Definition Controlling runoff and erosion on disturbed areas by establishing perennial vegetative cover with seed. Purpose To reduce erosion and decrease sediment yield from disturbed areas, and to per-manently stabi lize such areas in a manner that is economical, adapts to site con- ditions, and allows selection of the most appropriate plant materials. Conditions Where Fine -graded areas on which permanent, long-lived vegetative cover is the most Practice Applies practical or most effective method of stabilizing the soil. Permanent seeding may also be used on rough -graded areas that will not be brought to final grade ' for a year or more. Areas to be stabilized with permanent vegetation must be seeded or planted within 30 working days or 120 calendar days after final grade is reached, unless temporary, stabilization is applied. ' Planning Vegetation controls erosion by protecting bare soil surfaces from raindrop im- Consid eration s pant and by reducing the velocity and volume of overland flow. The most common and economical means of stabilizing disturbed soils is by seeding grasses and legumes. The advantages of seeding over other means of establishing plants include the smaller initial cost, lower jabor input, and greater flexibility of method. The disadvantages of seeding include: • potential for erosion during the establishment stage, • the need to reseed areas that fail to establish, ' • seasonal limitations on suitable seeding dates, and • a need for water and appropriate temperatures during germination and ' early growth. The probability of successful plant establishment can be maximized through good planning, knowledge of the soil characteristics (Table 6.1 1a), selection of ' suitable plant materials for the site, good seedbed preparation, adequate liming and fertilization, and timely planting and maintenance. SELECTING PLANT MATERIALS Climate, soils, and topography are the major factors affecting the suitability of plants for a particular site. All three of these factors vary widely across North Carolina, with the most significant contrasts occurring among the three major physiographic regions of the state —Mountains, Piedmont, and Coastal Plain (Figure 6.1la). To simplify plant selection, a Key to Permanent Seeding Mixtures is presented in Table 6.1lb. To find seeding specifications for a specific site, follow this key through the different steps --region, slope, soil, and maintenance level —to the appropriate seeding number. Seeding mixtures recommended hereare designed for general use and are well proven in practical field situations {Tables 6.11c 6.11.1 0 Table 6.11 a Suitability of Soll for Establishment of Low -maintenance Vegetation Criteria Suitability Limiting Factors Good Fair Poor PH 5.6.7.8 4b-5.5 <4.5 Too acid; possible Al, Mn, Fe toxicity Available >.10 .05-.10 <.05 Too dry water capacity, Texture2 I,sil,sl scl, sict sc, sic Too high in clay sl cl c Is s Too high in sand Coarse (3-10 in) <15% 15-35 >35 Lg. stones restrict tragments3 (>10 In) <3% 3-10 >10 tillage; droughty Depth to 40 20-40 <20 Insufficient bedrock (in.) rooting depth Salinity (mrthoslcm) 8-16 >16 Excess salt 'In./in. It 2Sandy clay loam (scl), silty clay loam (sicl), clay loam (cl), sandy loam (sl), silt loam (sil), loamy sand (Is), sapdy clay (sc), silty clay (sic), clay (c), sift (sl), sand (s), and loam (1). 3Percent by weight. Source: National Soils Handbook, USDA-SOS,1983. Coastal Plain Mountains Piedmont Upper Middle Lower Tidewater A Sand Hills Figure 6.11 a Major physfographic regions of North Carolina differing in climate, soils and topography. C 6.11.2 ' Practice Standards and Specfcations 1 through 6.1 lv). They are designed to produce maximum stabilization and min- imize the amount of maintenance and repair required. Land use is a primary consideration in planning permanent seedings. For this purpose land use, whether residential, industrial, commercial, or recreational, ' can be divided into two general categories: • High -maintenance areas are mowed frequently, limed and fertilized regularly, and either (1) receive intense use (e.g., athletic fields) or (2) re- quire maintenance to an aesthetic standard (e.g., home lawns). Grasses used for these situations are long-lived perennials that form a tight sod and are fine -leaved and attractive in appearance. They must be well - adapted to the geographic area where they are planted and able to endure �• the stress of frequent mowing. Sites where high -maintenance vegetative cover is desirable include homes, industrial parks, schools, churches, and recreational areas. rr ' Low -maintenance areas are mowed infrequently or not at all, and do not receive lime and fertilizer on a regular basis. Plants must persist with lit- tle maintenance over long periods of time. Grass and legume mixtures are favored for these sites because legumes are a source of soil nitrogen. Mixed stands are also more resistant to adverse conditions. Sites suitable for low -maintenance vegetation include steep slopes, stream or channel banks, some commercial properties, and "utility" turf areas such q road - banks. SEEDBED PREPARATION The soil on a disturbed site must be amended to provide an optimum environ- ment for seed germination and seedling growth. The surf9e soil must be loose enough for water infiltration and root penetration. The pH (acidity or alkalinity) of the soil must be such that it is not toxic and nutrients are available —prefera- bly between 6.0 and 6.5. Sufficient nutrients —added as fertilizer —must be present. ' It is as important to add lime as to add fertilizer. Lime is used primarily as a pH, or acidity, modifier, but it also supplies calcium and magnesium, which are im- portant plant nutrients. By increasing soil pH it also makes other nutrients more available to plants. At the same time, it prevents aluminum toxicity by decreas- ing the solubility of soil aluminum. Many soils in North Carolina are high in aluminum, which stunts plant growth. ' After'seed is in place, it must be protected with a mulch to hold moisture and modify temperature extremes, while preventing erosion during seedling estab- lishment. STEEP SLOPES The operation of equipment is restricted on slopes steeper than 3:1, severely limiting the quality of the seedbed that can be prepared. The soil cannot be suf- ficiently worked, and amendments cannot be thoroughly incorporated. Provisions for establishment of vegetation on steep slopes can be made during ' final grading. In construction of fill slopes, for example,lhe last 4.6 inches might be left uncompacted. A loose, rough seedbed is essential. Large clods and stones ' provide irregularities that hold seeds and fertilizer. Cut slopes should be rough- ened (Practice 6.03, Surface Roughening). ' Where steepness prohibits the use of farm machinery, seeding methods are limited to broadcast or hydrow*ding, with hydroseeding giving the most de- pendable results. Vegetation chosen for these slopes must not require mowing or other intensive maintenance. Using a hydraulic seeder, seed, fertilizer, wood fiber mulch, and a tacking agent can be applied' in one operation. Good -mulching practices are critical to protect against erosion on steep slopes. When using straw, anchor with netting or asphalt. On slopes steeper than 2'.1, jute, excelsior, or synthetic matting may be required to protect the slope. ' Specifications p SEEDBED REQUIREMENTS Establishment of vegetation should not be attempted on sites that are unsuitAe due to inappropriate soil texture (Table 6.1 la), poor drainage, concentrated overland flow, or steepness of slope until measures have been taken to correct these problems. ' To maintain a good stand of vegetation, the soil must meet cer#n minimum re- quirements as a growth medium. The existing soil should have these criteria: • Enough fine-grained (silt and clay) material to maintain adequate mois- ' ture and nutrient supply (available water capacity of at least .05 inches water to 1 inch of soil). ' • Sufficient pore space to permit root penetration. • Sufficient depth of soil to provide an adequate root zone. The depth to rock or impermeable layers such as hardpans should be 12 inches or more, ' except on slopes steeper than 2:1 where the addition of soil is not feasible. • A favorable pH range for plant growth, usually 6.0-6.5. ' • Freedom from large roots, branches, stones, large clods of earth, or trash of any kind. Clods and stones may be left on slopes steeper than 3:1 if they are to be hydroseeded. If any of the above criteria are not met—i.e„ if the existing soil is too coarse, ' . dense, shallow or acidic to foster vegetation --special amendments arerequired. The soil conditioners described below may be beneficial or, preferably, topsoil maybe applied in accordance with Practice 6.04, Topsoiling. ' SOIL CONDITIONERS In order to improve the structure or drainage characteristics of a soil, the fol- lowing materials may be added. These amendments should only be necessary where soils have limitations that make them poor for plant growth or for fine turf establishment (see Chapter 3, Vegetative Considerations). ' Peat —Appropriate types are sphagnum moss peat, hypnum moss peat, reed - sedge peat,or peathumus, all from fresh -water sources. Peat should be shredded and conditioned in storage piles for at least 6 months after excavatipn: Sand —clean and free of toxic materials. 1 ' 6.11,4 Practice Standards and Specifications Vermiculite —horticultural grade and free of toxic substances. ' Rotted manure —stable or cattle manure not containing undue amounts of straw or other bedding materials. I ' Thoroughly rotted sawdust —free of stones and debris. Add 6 lb of nitrogen to each cubic yard. ' Sludge —Treated sewage and industrial sludges are available in various forms; these should be used only in accordance with local, State, and Federal regula- tions. �• SPECIES SELECTION Use the Key to Permanent Seeding Mixtures (Table 6.11b) to select the most appropriate seeding mixture based on the general site and maintenance factors. ' A listing of species, including scientific names and characteristics, is given io Appendix 8.02. ' SEEDBED PREPARATION Install necessary mechanical erosion and sedimentation control practices before seeding, and complete grading according to the approved plan. f ' Lime and fertilizer needs should be determined by soil tests. Soil testing is per- formed free of charge by the North Carolina Department of Agriculture soil test- ing laboratory. Directions, sample cartons, and information sheets are available ' through county Agricultural Extension offices or from NCDA. Because the NCDA soil testing lab requires 1-6 weeks for sample turn -around, sampling must be planned well in advance of final grading. Testing is also done by com- mercial laboratories. ' When soil tests are not available, follow rates suggested on the individual specification sheet for the seeding mix chosen (Tables 6.11c through 6.11v). Application rates usually fall into the following ranges: • Ground agricultural limestone: Light -textured, sandy soils: 1-1 1/2 tons/acre Heavy -textured, clayey soils: 2-3 tons/acre • Fertilizer: Grasses: 800-1200 lb/acre of 10-10-10 (or the equivalent) ' Grass -legume mixtures: 800-1200 lb/acre of 5-10-10 (or the equivalent) Apply lime and fertilizer evenly and incorporate into the top 4-6 inches of soil by'disking or other suitable means. Operate machinery on the contour. When using a hydroseeder, apply lime and fertilizer to a rough, loose surface. Roughen surfaces according to Practice 6.03, Surface Roughening. ' Complete seedbed preparation by breaking up large clods and raking into a smooth, uniform surface (slopes less than 3:1). Fill in or level depressions that ' can collect water. Broadcast seed into a freshly loosened seedbed that has not been scaled by rainfall. 1 0 4 a SEEDING Seeding dates given in the seeding mixture specifications (Tables 6.11c through 6.11v) are designated as "best" or "possible". Seedings properly carried out within the "best" dates have a high probability of success. It is also possible to have satisfactory establishment when seeding outside these dates. However, as you deviate from them, the probability of failure increases rapidly. Seeding on the last date shown under "possible" may reduce chances of success by 30•-50%. Always take this into account in scheduling land -disturbing activities. Use certified seed for permanent seeding whenever possible. Certified wed is inspected by the North Carolina Crop Improvement Association. It meets published North Carolina Standards and should bear an official"Certified. ied Seed" label (Figure 6.1lb). Figure GA1b label displayed on all North Carolina certified seed, Bw In the rordalnar erq Irom a bt 91 reed whits wrr erOduCrE eonettioned and InrpaCMd M rccordrnor rM lM rnd lints terrd8ra p10wnMmk pal,thrtprOd.+oa.M vendor whom nrma andlor condicahun number rppar7 or Ih+s Irbil r r y r"ponsipla tW the rntbrmrtion hrraon rnd for Iha proper Yra of aye lees. GROWN IN NORTH CAROLINA Net Wt. Lbs........ Pure seed.... M .. .` Inert Matter... (9e) Other Crop... ('k) •• Wend Seed,.. Germination„ (fib) •. Hard Seed.... Teal Date.......... Nox. Wood/lb ...... Lot No... Cert No KinC ... Variety Vendor Labeling of non -certified seed is also required by law. Labels contain important information on seed purity, germination, and presence of weed seeds. Seed must meet State standards for content of noxious weeds. Do not accept seed contain- ing "prohibited" noxious weed seed. Inoculate legume seed with the Rhi:obium bacteria appropriate to the species of legume (Chapter 3, Vegetative Considerations). Apply seed uniformly with a cyclone seeder, drop -type spreader, drill, cui- tipacker seeder, or hydroseeder on a firm, friable seedbed. 6.11.6 Practice Standards and Specilcations Figure 6.11c Suggested pattern for broadcasting seed and fertilizer (source; NCAFS BulletinA"9). When using a drill or cultipacker seeder, plant small grains no more than 1 inch deep, grasses and legumes no more than 1R inch. Equipment should be cali- brated in the field for the desired seeding rate. When using broadcast -seeding methods, subdivide the area into workable sec- tions and determine the amount of seed needed for each section. Apply one-half the seed while moving back and forth across the area, making a uniform pat- tern; then apply the second half in the same way, but moving at right angles to the first pass (Figure 6.1 lc). Seeding Pattern {ff t f. i. Cover broadcast seed by raking or chain dragging; then firm the surface with a roller or cultipacker to provide good seed contact. Mulch all plantings immediately after seeding (Practice 6.14, Mulching). HYDROSEEDING Surface roughening is particularly important when hydroseeding, as a rough- ened slope will provide some natural coverage for lime, fertilizer, and seed. The surface should not be compacted or smooth. Fine seedbed preparation is not necessary for hydroseeding operations; large clods, stones, and irregularities provide cavities in which seeds can lodge. Rate of wood fiber (cellulose) application should be at least 2,000 lb/acre. Apply legume inoculants at four times the recommended rate when adding in- ocul ant to a hydroseeder slurry. ' If a machinery breakdown of 1/2 to 2 hours occurs, add 50% more seed to the tank, based on the proportion of the slurry remaining. This should compensate for damage to seed. Beyond 2 hours, a full rate of new seed may be necessary. tLime is not normally applied with a hydraulic seeder because it is abrasive. It can be blown onto steep slopes in dry form. SPRIGGING Hybrid Bermudagrass cannot be grown from seed and must be planted vegeta- tively. Vegetative methods of establishing common and hybrid Bermudagrass, centipedegrass, and Bahiagrass include sodding, plugging and sprigging (Chap- ter 3, Vegetative Considerations). Sprigs are fragments of horizontal stems which include at least one node (ioint). They are normally sold by the bushel and can either be broadcast or planted in furrows using a tractor -drawn tobac- co or vegetable transplanter. I 1 Figure 6.lidProper placement of grass sprigs. Each sprig should have at least one node (modified Irom NCAES Bulletin AG-69). 1 1 Furrows should be 4-6 inches deep and 2 ft apart. Place sprigs about 2 ft apart in the row with one end at or above ground level (Figure 6.11d). Soil Surface �►� ..=� Correct I incorrect Broadcast sprigs at the specified rate (Tables 6.1 Ir and 6.11s). Press into the top 1/2'-2 inches of soil with a cultipacker or with a disk set nearly straight so that the sprigs are not brought back to the surface. IRRIGATION Moisture is essential for seed germination and seedling establishment. Sup- plemental irrigation can be very helpful in assuring adequate stands in dry seasons or to speed development of full cover. It is a requirement for fine turf establishment and should be used elsewhere when feasible. However, irrigation is rarely critical for low -maintenance vegetation planted at the appropriate time of the year. Water application rates must be carefully controlled to prevent runoff. Inade- quate or excessive amounts of water can be more harmful than no supplemen- tal water. Maintenance Generally, a stand of vegetation cannot be determined to be fully established until soil cover has been maintained for one full year from planting. Inspect seeded areas for failure and make necessary repairs and reseedings within the same season, if possible. Reseeding —If a stand has inadequate cover, re-evaluate choice of plant mate- rials and quantities of lime and fertilizer. Re-establish the stand after seedbed preparation or over -seed the stand. Consider seeding temporary, annual species if the time of year is not appropriate for permanent seeding (Practice 6.10,Tem- porary Seeding). 6.11A Practice Standards and SpeciV7cafions If vegetation fails to grow, soil be must tested to determine if acidity or nutrient imbalance is responsible. Fertilization —On the typical disturbed site, full establishment usually requires refertilization in the second growing season. Fine turf requires annual main- tenance fertilization (Table 6.12b). Use soil tests if possible or follow the guidelines given for the specific seeding mixture (Tables 6.11c through 6.11 v). References Site Preparation 6.03, Surface Roughening 6.04, Topsoiling Surface Stabilization 6.10, Temporary Seeding 6.12, Sodding 6.14, Mulching Appendix 8.02, Vegetation Tables Chapter 3, Vegetative Considerations USDA Soil Conservation Service National Soils Handbook 1 I 11 0 .1 CONSTRUCTION SPECIFICATIONS I. RELOCATED DRAIMAGE f. Prior to beginning work on the site the following work must be completed. A. Block all existing field ditches that will flow south across the new relocated canal so that no storm water will leave the construction site through these ditches. 2. Excavate the canal complete except the west end. Tie Into the existing canal. All spoil from the excavation shall be spread to the side slopes indicated and stabilized with seed as described in the vegetative plan. S. Grade and seed the inside slopes of the canal as de- scribed in the vegetative plan. 4. The tie.in of the new canal at the east end shall be ,lust upstream of the existing rock check dam. b. The field ditches that flow from the south to the north shall have rock check dams installed at the discharge to the new canal. 10 11. MINE OUTFALL CANAL 1. Prior to beginning work on the site all existing field ditches that will flow south or west across the new outfall canal must be blocked so that no stormwater will leave the construction site through these ditches. 2. Construct the "toe silt ditch" in advance of the out - fall canal construction along the perimeter of the construction site. This ditch shall be dug with a vee bucket backhoe two (2) feet deep. All existing ditch- es crossing the new "toe silt ditch" shall be blocked during construction so that no water will flow out of the ditch invert. The spoil shall be placed on the mine side of the excavation. 3. As completion of the "toe silt ditch" progresses, the mine outfall canal excavation can begin. All equipment operation and spoil disposal shall be on the mine side of the toe silt ditch as shown on the cross section and either side of the new outfall canal. 4. Spoil between the "toe silt ditch" and the new outfall canal shall be graded and vegetative cover established. S. Upon completion of grading the outfall canal slopes, the canal shall be connected with the existing mine outfall canal system. 4 ROBERT M. CHILES, P.E. Engineers & Consultants NEW BERN, NC 28560 (919) 637.4702 JOB MA SHEET NO.-J# Ad,t,OR- '5k*1 OF t CALCULATED BY G DATE A l id 4 i CHECKED BY DATE SCALE .................. ........... ... ...................... ... 01 NIS ._._.....,...� .__�• -•-- •-- .l - - _.. �.Q _ Pokv ._LAP .i {�fi�?.... rj. .. .._ .._ 9 m. T....._ i i aU q To..... ......... i f ..... _v._.........._._ .............4 ..... ... ...... .m_ i I i v. �... C.._ i_.. ...... . . ...... .... ... 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I ...... ........... . . .......... iIi - ... ....._................, ........... .. ......... ....... .... .... . ..... ....... ... ..... . ..... ............ .. .... .... ....... .... ....... .... ....... ............ ............ . . ............... .. . . . . .. ... .............. .. ..... ...... .............. 360 .... ....... ........... 0 . . ...... .... . ......... ... ...... . ... .................... . ......... . . ......... ......... .... .... .......... .. ............. ........ . ...... .... ....... . .... ......... ... ..... ....... ..... ....... . ..... .... - -------- - ----- . ..... .. ............ ........ .... ............. .... ...... ....... .... ............ ... ....... ............ ..... ..... . .... .. .......... ............. ............. ........... . ... ........ ........ .... .......... . ......... .. . ........... ........ .. . .......... . ............ ......... ........... ......... . ....... .......... ... .. ........ ....... .. ... ............ . .......... 1 III I __ _ .. ..... ...... _ ._.. _,_ ___ _ __ _ _._ _t ...... .... ... ..... ........ ..... .......... .. ------- . ...... ........... 1,pg1 ®kr,&-kv-11451 ROBERT M. CHILES, P.E. Engineers & Consultants NEW BERN, NC 28560 (918) 637.4702 Iro011C w tic., QrtR Mm IIR/ 4WDunr.1'vaa— SHEET NO. AP3L-Nomm S1k 1-1 OF -. i_O CALCULATED BY DATE CHECKED BY DATE r - Symbols for Erosion and Sediment Control Practices SITE PREPARATION RUNOFF CONTROL MEASURES 6.02 T D - 6.20 Temp. Diversions Land Grading 6.03 Surface Roughening 6.04 Topsolling 6.05 Tree Preservation & Protection 6.06 Temp. Gravel Const. Entr/Exit SURFACE STABILIZATION 6.10 TS Temp. Seeding PS 6.11 Perm. Seeding O6.12 Sodding GC 6.13 Trees, Shrubs; Vines & GC O6.14 Mulching RR 6.15 Riprap DS 6.16 Veg. Dune Stabilization D 6.21 Perm. Diversions PD 6.22 Diversion Dike (Perimeter) 6.23 Right -of -Way Diversions RUNOFF CONVEYANCE MEASURES 146.30 GL Grass -lined Channels RR 6.31 Riprap-lined Channels •/ P '�" Paved Channels 4TSDI 6.32 Temp. Slope Drains 6.33 Paved Fiume (Chutes), OUTLET PROTECTION 6.40 Level Spreader 114 6.41 Outlet Stab. Structure 12 ` Practice Symbols (cont'd.) INLET PROTECTION STREAM PROTECTION 6.50 "'7 TC"' 6.70 Temp. Exc. Drop Inlet Prot. p P Tem .•Stream Crossing p S 6.71 Temp. Fabric Drop Inlet Prot. p Perm. Stream Crossing M6.52 6.72 an Temp. Block & Gravel Inlet Prot. .rO.... Veg. Streambank Stabilization Y ■ 1 6.53 `� 6.73 Sod Drop Inlet Prot. Struc. Streambank Stab. SEDIMENT TRAPS & BARRIERS OTHER RELATED PRACTICES ' �� • 6.60 = CR5 6.80 Temp. Sod. Trap Constr. Road Stabilization p 6.61 SD �� 6.81 Sediment Basin Subsurface Drain 6.62 6.82 Sediment Fence Grade Stab. Structure 6.63 , , 6.83 ■ Rock Dam Check Dam - � DC 6.84 Dust Control 6.85 Sand Fence (Wind Fence) 1 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM ' SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land -disturbing activity on one or more contiguous acres asbovered by the Act ' before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Natural Resources and Community Development. (Please type or print and, if question is not applicable, place N/A In the blank.) ' Part A. . 1. Project Name •, Phase_I - Mine_Pergnit 7-1 'Continuation for Texasgulf .,.:Inc.. - ^! t2.. Location of land -disturbing activity: County Beaufort City or Township Richlands -,and Highway/ Street N.C. 306 ` �- 3. Approximate date land -disturbing activity will be commenced: April, 1991 ; ,. ; • . 4. Purpose of development (residential, commercial, industrial, etc.) : Indust 1al - Mining ' 5. Approximate acreage of land to be disturbed or uncovered : •15 (Exterior to Mine) 6. Has•an erosion and sedimentation control plan been filed ?Yes X No t7. Person to contact should sediment control Issues arise during land -disturbing activity. Name Jeff Furness telephone (919) 322-8249 ' B. Landowners of Record Use blank page to list additional owners.): () ( p 9 ) ' Texasgulf Inc. Name (s) ' P. 0. Box 48 Current Mailing Address Current Street Address Aurora, N. C. 27806 ' City State Zip City State Zip 9. Recorded in Deed Book No. Vprious - Page No. Part B. ,-1. Person (s).or.firms (s) who are financially' for this land_ -disturbing activity (Use the blank page to list additional'persons'or'lirms): Texasgulf Inc. Name•of -Person (s)or Firm (s) Mailing Address Aurora, N. C. ' 27806 City State Zip Telephone �(,919)322-47 > > _ Street Address ' City. State Zip J Telephone 13 2. (a) It the Financially Responsible Party is a Corporation give name and street address of the Registered Agent. C.T. Corporation System Name , _ 225-Hillsboro Street Mailing Address Street'Address Raleigh,,-- Rb, C. 27603 City^ State Zip City (919)'821-7139 Telephone Telephone State Zip (b) If the Financially Responsible Party is a Partnership give the name and street address of each General Partner ( Use blank page to list additional partners.): Name — — - - - Mailing Address City State Zip Street Address City State Zip Telephone - - Telephone E The above information is true and correct to the best of my knowledge and belief and was provided by me under oath, ( This form must be signed by the financially responsible person if an individual or. his attorney -in - fact or if not an individual by an officer, director, partner, or registered agent with authority to execute instru- ments for the finanacially responsible person ). I agree to provide corrected information should there be any change in the information provided herein. T. J. Regan, Jr. Vice President. Phosphate Operations Type or print name. Title or Authority a Notary Publid State of North Carolina, hereby certify that appeared personally before me this day and being cured by him. Witness my hand and notarial seal, this �—day of , 19_, Seal Notary My commission expires Z _z edged that the above form was exe- J d State of North Carolina Department of Natural Resources and Community Development LAND OUALITT SECTION EROSION AND SEDIRENTATION CONTROL PLAN CNECRIIST The following Stems should be incorporated with respect to specific site conditions, to an erosion and sedimentation control plan; LOCATION INFORMT10N _ Project location Roads, etraatl North arrow Scale Adjoining lakes, streams or other major drainage ways GENERAL SIT[ FEATURES North arrow Scale Property lines Legend _ Existing contours Proposed Contovri limit end acreage of disturbed sres Planned existing buildings location and elevations Planned and existing reads location end elevations �— lot end/or building nu*ers Land use of surrounding areas Rocs outcrops Seeps or springs ~� Wetland limits _ Easements StrNm, lakes, Ponds, drainage ways, dams Borrow and/or waste areas (Rote - when the Person financially for the oversll-project is not the person financially responsible for off -site borrow areas not regulated by. the provisions of the Mining Act of 19T) and off -site waste areas other than land fill% regulated by the Department of human Resources, such areas should be considered Separate land disturber activities subject to the Sedimentation Pollution Control Act of 1970. Off -site borrow areas are Subject to the requirements of the Mining Act of 1971). _ stockpiled topsoil or subsoil location Street profiles SITE DRAINAGE FEATURES -- ExIsti and planned prof vinape patterns (include off+site areas that _ silt of Areas (Acreage) site and location of culverts and $twat, _ soil$ information (type, special characteristics) Design calculations And Construction details for culverts and ` storm seen Deol9n ealcvlatiom, Brost sections end Method of stabilization of existing and planned channels (include temporory linings) �-, Design calculations end Construction details of energy dissipstors below Culverts and Storm same outltts,(for TIP -rap RRproms, include stone sites (dlmeaters) and apron dimensto"s1 _ sail information below'eulvert And Storm sewer Cutlets Dotlgn calculations and construction details to control groundwater, i.A. loops, high water table. etc. EROSIONDNTROL MEASURES Legend location of to"rary and pertreent Measures _ Construction drawings and details for temporary end permanent measures Design Calculations for Sediment ball"& and other Measures _ Maintenance ragvireinents during Construction _ Person responsible for maintenance during construction Maintanance regviramants and responsible porson(s) of permane measures VEGETATIVE STA",kIIATION Areas and acreage to be Vegetatively stabilized Planned vegetatloo with details of plants, seed, mulch, fertilizer —Specifications for permanent and temperary vegetation —Method of soil preparation NOTE: Should include provisions for ground cover on exposed slopes within 70 working days following Completion of any phase of yradlnyy permanent round Cover for all disturbed areas with JO working days Or 120 calendar day& (whichever is shorter) following completion of eonrtruction or development. OTHER-IRFOWIAITON _ Narrative (is headed) Cleted Flnanclal ttesponstb111tf/Owmirshlp Form ( to be Sig ny person financially responsible for project) —lid specifications r"Ard1ng'e7vslon'control Construction sequence related to sedimentation and erosion co (Include installation of critical measures prior to initia 'of the land -disturbing act ivity and removal of Measures of areas they Serve have been permanently Stabilized. 14 RECEIVED MAY Z y 1b] LAND QOAUTY SECTION mrmnDAMMIM TO: Tracy Davis State Mining Speciaolist FROM: Harry Bailey W1 Engineering Technician Land Quality Section Washington Regional Office DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 28, 1991 RE: Texasgulf, Inc. Proposed 250-acre Westward Expansion Beaufort County Enclosed is a memorandum from the Division of Environmental Management in regard to the above referenced site. Enclosure It DIVISION OF ENVIRONMENTAL MANAGEMENT May 24, 1991 MEMORANDUM TO: Floyd Williams, Regional Engineer Land Quality Section, WaRO THROUGH: Roger K. Thorpe Water Quality Regional Supervisor Washington Regional Office FROM: Deborah Sawyer, Environmental Technician Water Quality Section, WaRO SUBJECT: Texasgulf Inc. Proposed 250 Acre Westward Expansion Mining permit Application Beaufort County The above subject document has been reviewed by this office for water quality concerns. The proposed mining site is located within the existing boundaries of mining permit #7.1. This 250 acre area is presently cleared and delineated by the US Army Corps of Engineers as being non -jurisdictional (not wetlands). There are no tributaries of State waters within this area. The area is, however, within the total area of the present study being performed by Texasgulf Inc. for an Environmental Impact Statement. This office is of the opinion that Texasgulf Inc.'s proposal to mine this 250 acre site would not adversely impact water quality. The company should, however, conduct studies of this proposed area of the mining advance to determine if there are any secondary impacts which may result. If you have any questions or comments, please call this office at 946-6481. Thank you. DS/cm �� A lfM 4 r `{ 'State of North Carolina Department of Environment, Health, and Natural Resources ` Division of Land Resources James G. Martin, Governor Charles H. Gardner W [Rarn W. Cobey, Jr., Secretary Director May 7, 1991 MFMnRANDllM TO: Fred Harris Chief, Division of Boating and Inland Fisheries Habitat Conservation Program Wildlife Resources Commission FROM: Tracy Davis --IV Mining Specialist Land Quality Section RE: Mining Permit Modification Request Texasgulf, Inc. Lee Creek Mine Mining Permit No. 7-01 Beaufort County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Texasgulf, Inc. proposes to add a 250-acre mine (block) advance to the west of the current mine excavation within the mining permit boundaries. Please review this information and advise as to the probability of the operation having unduly adverse effect on wildlife or freshwater fisheries (G.S. 74-51 (2)). Please respond by May 31, 1991 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications and modification requests, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and offsite sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact Mr. Jeff Furness at (919) 322-4111 to set up a convenient date and time. Your continued cooperation in the review of these type requests is very much appreciated. TED/se Attachments cc:, Mr. Floyd -Williams, P.G. P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer TO DATE! -MV vJliC-lAAL45 MESSAGE QAC't 4?�Ftir_rsfri4�I?G�lrr=f�� *�' L"A -F= FM M0 9 -��Na10 MiluUOnft • Or o • UAM a U.SA 4"M U"..*- a YIl..XW ZW REPLY SPEED "TER® FROM DATE t SENOU: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES TO �.rr fi r��w�Aaa( S DATE MESSAGE A/) , /I ,/ . /1 v� . 11f � �l, Ifig SPEEDY%hLR � FROM DATE REPLY i FA r- % ME2 f � 1 e - -_ . r SIGNED /�� Wusamhmm • c b ft- •mom W USA 4"M mar. • O Wb.J ,.a tM SENDER: DETACH AND RETAIN YELLOW COPY, SEND WHITE AND PINK COPIES .� i 's i , - 1 r 't 1 4 4 %_1 '0% ® Texasgulf lnc. elf aqultalne group P0. Box 48 Aurora, North Carolina 27806 May 13, 1991 Mr. Tracy Davis Mining Specialist North Carolina Department of EHNR Division of Land Resources P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Davis: 1141 9��jy l�yy W.A. Schimming fFCT/O i Manager y Environmental Affairs (919) 322-4111 Enclosed please find a check for $500.00 which is the processing fee for TexasgulfIs 250 acre mine advance. We would request that this receive as expeditious a review as possible, since this area was already reviewed in 1982 when Mine Permit 7-1 was issued. Sincerely, W # Schimmi WAS:JCF/re Enclosure pc: 12-04-001-36 00-12-000 �®T�xa°sgulf�� * � �: - - . � . ss=as= 531 -CHECK NUMBER ' 4 fnc£ 058520 �. P.O. BoX. 48 r - - ' - 4 i" CONTROL* Ma 13' I99I Aurora, North Garohna 27806� �, �l y NUMBER VT PAY.TOTHEORDEROF�t;,'k��x �' AIVI ' w.. $500 00t* $500'."00 ,�', 2 North Carolina Dept., of Environment, Heaith-':ar d_'N atura1` Resources P. : 01 Box Rale_lgh; NC • `27611 WACHO IA BANK AND TRdST CO WlNSTON-SALEM, N.C. RECEIVED MAY 16 1991, LAND QUALITY SECTION MEMORANDUM TO: DEM - Water Quality Groundwater. Air Quality Division of Coastal DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 15, 1991 FROM: Floyd Williams Regional Engineer 4V Land Quality Section \I Washington Regional. Office ent SUBJECT: Texasgulf, Inc. Proposed 250 Acre Westward Expansion Mining Permit #7-1 (fee received 5/15/91) Beaufort County Texasgulf, Inc. has submitted the attached request to expand its mining operation to include 250 acres westward of its existing affected area. These 250 acres are located within the existing boundaries of permit #7-1. Please give me your.comments on this request by May 28, Texasgulf intends to request, in the very near future, modification to include 700 acres of land on the south side of the existing permit boundary. I will forward the 700 acres information to you as soon as I receive it. Thank you very much. FRW:mr Enclosures „l State of North Carolina Department of Environment, Health, and Natural Resources Dvision of Land Resources James G. Mardn, Governor 1MIIlam W. Cobey, Jr., Secretary May 9, 1991 Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P. 0. Box 48 Aurora, NC 27806 RE: Modification Request Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: Charles H. Gardner Director I am in recent receipt of your April 15, 1991 modification request package which includes the 250 acre mine advance, the relocation of the perimeter outfall canal west of its current location, and the relocation of 2,100 feet of a farmland drainage canal due to the westward movement of the mine. Even though this request is interior to your overall mining permit boundaries, this request constitutes a redirection of the mine advance from an easterly direction to a westerly direction. Furthermore, this proposal is not covered by an existing, approved erosion and sedimentation control plan. In light of the above, this request is considered a "major modification” that requires a $500.00 processing fee. Please find attached a copy of the updated N. C. Administrative Code on Mining that defines a "major modification" (T15A:5B.0012). Once we receive the $500.00 processing fee, your request package will be considered complete and the appropriate review process will be initiated. In regards to your company's future modification request to include an additional 700 acres to Mining Permit No. 7-01, you must complete the items indicated on the attached Mining Permit Modification Checklist. In addition, a separate $500.00 processing fee -will be required as this type request will also be considered a "major modification." In order to continue processing your request that addresses the 250 acre modification, please forward the $500.00 mining permit processing fee (check or money order made payable to the Department) to Mr. Tracy Davis, Mining Specialist, as soon as possible. P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal opportunity Affirmative Action Employer Mr. W. A. schimming May 9, 1991 Page 2 If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/se Attachments cc. Mr. Tracy Davis -Mr. Floyd Williams N.C. Department of Environment, Health, and Natural Resources Division of Land Resources, Land Quality Section 3 Telephone Log f _ Datc.J_ _ /� Sheet I of Time: 16D ❑ am Call: Placed 1!r, Received ❑ r El Pm Returned ❑ 1. Project: 2. Conversation with: (14 3. Affiliation: 4. Content of conversation: County: Telephone: (71j}�2 -*I 1A. t ! ' RM"WIX � i � I i � .. ��Li � �+ - ✓ .✓� /.. �+� .%— ...w ram.- -� S0 - ` .. R ®Texasg u If Inc. el} aquitalne group P.O. Box 48 Aurora, North Carolina 27806 April 15, 1991 Mr. Charles Gardner, Chief Division of Land Resources North Carolina Department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: i '01V. LAND RES. W.A. Schimming Manager Environmental Affairs (919) 3224111 RECEIVED LAND QUALITY SECTION A meeting was held at Texasgulf with Tracy Davis and Floyd Williams on April 2 to discuss our short term and long term mining plans. Plans were discussed that involved moving the mine westward from its current location, still within the currently permitted area of Mine Permit 7-1, and then turning south, out of the area permitted under 7--1. That is our plan for the short term. We gave Tracy a letter addressed to you dated April 2, 1991, requesting a modification of Mine Permit 7- 1 to add 700 acres of land south of the current mine. Much of the discussion during the meeting centered on sediment and erosion control plans for future movement of the mine. We were instructed to submit specific plans for sediment and erosion control as close as possible to the outer limit of our land disturbing activities whenever we enter a new area. In accordance with this new request, enclosed is a sediment and erosion control plan by Bob Chiles that addresses approximately 250 acres of land that will be encompassed by relocating our perimeter outfall canal west of its current location. This plan also relates to a request in a March 18, 1991 letter to Floyd Williams to relocate 2,100 feet of a farmland drainage canal due to westward movement of the mine. A copy of that letter is also enclosed. Please keep in mind that this westward progression of the mine is not a modification of Mine Permit 7-1, because it still falls within the area currently covered under Mine Permit 7-1. In the near future, we will submit sediment and erosion control plans and a check for $500.00 for the additional 700 acres requested in our April 2 letter to you, that does involve a modification of Mine Permit 7-1. Mr. Charles Gardner April'15, 1991 Page Two We would appreciate your prompt review of this sediment and erosion control plan so that we may begin immediate preparations for the westward mine progression. If you have any questions, please do not hesitate to call Jeff of myself. Sincerely, W. A. Schimmin WAS:JCF/re Enclosures cc: Floyd Williams - DLR, WRO (w/encl) ®Texasgulf lnc. elf aqultalne group P.O. Box 48 Aurora, North Carolina 27806 W.A. Schimming Manager Environmental Affairs (919) 322-4111 March 18, 1991 Mr. Floyd Williams Division of Land Resources North Carolina Department of Environment, Health, and Natural Resources F. O. Box 1507 Washington, North Carolina 27889 Dear Mr. Williams: Due to the westward advancement of the mine, the main canal draining land south to Whitehurst Creek will be severed. This canal leads into the Block C sediment basin which is currently under construction. We propose to relocate a 2,100-foot segment of the canal further south. This segment would run from the "S" curve in the canal to just upstream from the large rock check dam that is in place in the canal, and is shown on the attached sketch. Please let me know if you approve of this plan, so that we may proceed. If you have any questions, please call Bill Schimming or myself. Sincerely, J z7C'A, frey C. Furness JCF.mw Attachment pc: W. A. Schimming - W/Attachment C. H. Brown W/O Attachment R. M. Chiles W/Attachment 12-04-000-01 W/Attachment 00-14-000 W/O Attachment 0 R Np �A1I� 19g� sECr1oN SEDIMENTATION do EROSION CONTROL PLAN MINE PERMIT 7 -1 / 26 0 ACRE BLOCK FOR TEXASGULF.INC. JOB NO: 90109 Prepared By: ROBERT U. CHILES, P.E. April 18, 1991 L 5365 - ,,�`'�eERT L`l• G,r`�,, ��llflllill►►►*' I II, I 0 I a I I INDEX 1. Narrative 2. Scope of the Work 3. Planned Erosion and Sedimentation Control Practices 4. Construction Schedule 6. Maintenance Plan 6. Soil Map T. Drainage System Watershed Map S. Site/Vicinity/Development Plan 9. Vegetative Plan 10. Construction Specifications 11. Calculations 12. Appendix 13. Financial Responsibility Form 14. Check List r PROJECT DESCRIPTION The purpose of the project is to extend the Texasgulf ' Inc. mining block to the west of the existing mine to Include approximately 260 acres of land currently under cultivation. The site Is located in Richlands Township, Beaufort County, North Carolina. The site is located to the south and west of the cur- rent active mine and is shown on the attached site map. The work exterior to the proposed extended mine area ' will include relocating approximately 2200 linear feet of existing canal currently providing drainage to agricultural and timber lands south and west of the mine. No additional runoff will be directed to 'this ' relocated canal and a large portion of the approximate- ly 250 acres to be added to the mine will be deleted from the accumulated runoff to this -canal. ' SITE DESCRIPTION ' The site of the continuation of the mine is flat with almost 0% slope throughout. The continuation of the mine will result in no additional runoff exterior to the new mine perimeter outfall canal. The land within this outfall canal will be drained internal to the mine and through the existing runoff control devices. ADJACENT PROPERTY SOILS The lands exterior to the mine site are agricultural and timberland. No modification of watershed is pro- posed that will increase runoff exterior to the mine site. The soils throughout the sites are mixed, but consist In general of fine sandy loam material. The subsoils vary and include some sandy clay. OUTLINE OF THE WORK 1. Relocate approximately 2200 linear feet of exist- ing drainage canal south of the site. 2. Construct approximately 8000 linear feet of new perimeter outfall canal for the mine and- connect this to the existing mine outfall canal system. 3. Connect existing drainage within the new mine area to the existing mine control system. 1 SCOPE PIE M WORK 1. RELOCATE EXISTING FIELD DRAINAGE CANAL A. Location- Begin New Canal at N-13730 E+1600 TG Co-ord system End New Canal at N-13750 E+3800 B. Cross Section - 2.5:1 Side Slopes 5' Wide Bottom - Cut=4'+- C. Procedure 1. Excavate canal leaving upstream end plugged until excavation completed and banks shaped. Spoil shall be placed adjacent to the canal and graded. 2. The downstream end of the relocated canal shall connect Just upstream of the existing rock check dam. 3. Install new rock check dams in each cross ditch connection with canal at points shown on site plan. 4. Seed and stabilize spoil, side slopes and buffer to canal. D. References. 1. Site Plan -Mine Permit 7-1/250 Acre Block ' 2. Seeding Specification ' E. Sediment Basin (Existing) 1. The 75' x 600' sediment basin constructed near ' Whitehurst Creek- is considered sufficient for runoff resulting from the canal relocation. This sediment basin is located per Division of Land Resources, Land Quality Section letter February 81 1991. The relocation of the canal with the asso- ciated continuation of the mine area will result In a decrease in the runoff area contributing to flow through the sediment basin. 11 0 II. CONSTRUCT EXTENSION OF MINE OUTFALL CANAL A. Location - Begin New Canal at N. (-) 14,000 E. (+) 3,500 + (TG Co--ord. system) -End New Canal at N. (-) 9,000 + E. (+) 600 B. Cross Section - 1:1 Side Slopes (Canal) 2.5:1 Side Slope (Outside spoil) 3' Wide Bottom Cut = 10 +- C. Toe Silt Ditch - 2:1 Side Slopes 1' Wide Bottom +- Cut =2' D. Procedure 1. Plug, redirect or otherwise modify surface drain- age within the new'mine perimeter to direct runoff to the mine system. 2. Construct perimeter toe silt ditch outside spoil and isolated from any existing cross ditches or canals. 3. Excavate canal and connect to the mine outfall canal system. Spoil to be placed adjacent to the canal and graded. 4. Seed and stabilize spoil, side slopes and toe ditch. E. References: 1. Site Plan - Mine Permit 7-1/250 Acre Block. 2. Seeding specifications 6:11 221 PLANNED EROSION AND SEDIMENTATION CONTROL PRACTICES 1. Relocated Drainage Canal a. Canal side slopes to be 2,5:1. b. Canal side slopes to have a 5 foot wide seeded buffer at the outside of the crest. C. Canal outfall to be to a 751x600' sediment basin previously constructed. d. Rock check dams to be placed in existing field ditches where they enter the relocated canal section. e. The outlet from the relocated canal will be Just upstream of a previously constructed rock check dam. f. The spoil from the canal excavation will be graded to 2:1 side slopes and seeded. g. The canal side slopes are to be seeded and stabi- lized. 11. Outfall Canal a. The toe of -the exterior spoil berm is to have a small vee ditch to serve as a silt basin for slope runoff. b. The slopes of the canal and spoil will be seeded. c. Existing ditches exterior to the outfall canal will be blocked so as to prevent flow into or out of the canal through these exterior ditches. I CONSTRUCTION SCHBDULS 1. Obtain plan approval and other applicable permits. 2. Survey and mark grades, construction limits and loca- tions for the canals and check dams. 3. Hold pre -construction conference at least one week prior to starting the work. 4. Install blockage or earthen dams In existing drainage that will flow into or away from the work. Excavate toe silt ditch around perimeter of the new outfall canal. 5. Prior to connecting the Relocated Drainage Canal to the existing drainage canal verify that the #6 sediment basin is completed and operating. 6. Connect existing drainage within the area contained by the new outfall canal'to the existing mine outfall drainage and control system. 7. Excavate canals, stabilize ditch slopes and seed spoil slopes. No completed earth work to remain open without stabilization for more than 30 days. 8. All work to be inspected weekly and after each rainfall event. Needed repairs and corrective action to be taken immediately as required. 4 ' ZdUMNANCE PIAN 1. All erosion and sediment control practices shall be checked for stability and operation following every ' runoff producing rainfall and in no case less than once every week during construction. ' 2. Upon completion of the work, the owner shall inspect the site following every runoff producing rainfall and shall_. --maintain a written log of each Inspection. Any needed repairs will be made immediately to maintain all practices as designed. 3. The outfall canal toe ditch/sediment trap shall be Inspected monthly. When sediment reaches 50% of the ' volume available the ditch shall be cleaned out and the resulting spoil seeded. ' 4. The sediment basin for the relocated canal shall be Inspected and sediment -build-up measured by sounding the pond on a yearly basis. When the sediment reaches ' the level of entering the ditch bottom, the channel will be diverted to the previous canal, the basin cleaned out and restored to as designed condition (See Block C, Sediment Basin, Farm Land Development Protect, RMC 090088, duly 5, 1990). ' S. All seeded areas will be maintained such to sustain vegetation. Any bare areas will be replanted as neces- sary. 90109 FOR TFXASGULF INC. .5 so ' .r .'} a �., •, a 3'e1Nd;�,�::�i � •�..• - •. 3(j A 4L "T' -4 0, Iv 41 X, d�- TA t t • Vy► r W- S f ck % -7. j ti 7k tL U. S. DEPAq:'%iENT OF AGRICULTURE SOIL CONSV.StVAT-04 SERVICE :--c-AT %3 A.!. STATE AC•AICJL.�JRAL ExPEQ!ME4T !TAT,014 APPROX. SCALE 159 7rl sm'L SURVEY F-ELD SHEET X�� C —FORT L;O,'.ifY, o), AROLINA ADVANCE COPY W5)ECT TO CHANGE 0 IL MAP ArN tiretnel• Av$$ A Durham Creek ComPION 24442 e NdIr Creek U42 C Unnamed Trlbutary 334 0 Huddlel Cul ' 872 t Huddy Cut 480 I pond Creek 242 SOUTH CREEK COMPLEX C tooter Creek 495 H QAnkwofer Creek 462 .t Jacob'• Creek 493 J daek'e Creek 025 K Whrtehuref Creek 2898 6011er Creek '4310 M WGNAfield Swpnlp 2518 N Corn Run 2394 0 long Creek 202 P thorl Creek 134 0 WHO Creek t233 R I Own Run 4411 Rom. Unnorn•d Areas 14598 ,..••'''� A,,, e r' i L ?r. `�41p� •� M Of � i� U 1 3 4 6 MfjeB Scale PAMLICO FIly , DRAINAGE SYSTEMS . TEXASGULF MINE EIS �•et• ael• 3,2, SEDIMENTATION. a EROSION CONTROL PLAN MINE PERMIT 7.1' 250 ACRE BLOCK FOR TEXASGULF INC. pms" a OkPAlroa AMiORA, NORTH CAROLINA DATE � mu Joe No. R08ERT M. CHILES, P.E. eCALE 1" R 5000 ENGINEERS AND CONSULTANTS N I T Y MAP NLV OMN I- NORTH CAROLINA 8 LIMIT OF MINE ACTIVITY OUTFALL CANAL TOE SILT DITCH ALL ALONG SPOIL SPOIL 2 6.72 I OUTFALL CANAL SECTION A -A F"' EL. .3.0! SPOIL SPOIL Gf3,ADED 8 SEEDED 6.72 I 2 ////✓ 2.5 5 RELOCATED DRAINAGE CANAL CROSS SECTION B-B s r cr B � • R£T w --1 r EXIST. r: '� ROCK CHE r REVISED 4-15-91 0 DAM ADDED INFO. TO SITE PLAN AND CHANGED DETAIL W Ld /V a♦ SITE PLAN m " ® v ff VEGETATIVE PLAN PERMANENT SEEDING 1. All disturbed areas are to be seeded within 30 working days after final grade is reached. 2. Seed Mixture -General Species Rate (lb/acre)_ Tall Fescue s0 Kobe Lespedeza 20 German Millet 10 Note: The above mixture is best planted in early spring (February 15-April 30) or fall (Sept. 1 -- Oct. 31). Should planting be necessary in summer months increase rate of German Millet to 40 lb./acre. 3. Soil Amendments Apply lime and fertilizer according to soil tests or 4,000 lb/acre ground agricultural limestone and 1000 lb/acre 5-10-10 fertilizer. p4 RQL apply fertilizer to buffer zone adJacent to main canals. 4. Mulch Apply 4000-5000 lb/acre grain straw or equivalent cover of another mulch with -asphalt, roving or netting, or crimping using a mulch anchoring tool. 5. Maintenance (a) Mow no more than once per year. (b) Re -fertilize in the second year unless growth is fully adequate. (c) Reseed, fertilize,_ and mulch damaged areas immedi- ately. 90109V M Practice Standards and Specifications 6.11 - PS Definition Controlling runoff and erosion on disturbed areas by establishing perennial vegetative cover with seed. Purpose To reduce erosion and decrease sediment yield from disturbed areas, and to per- manently stabilize such areas in a manner that is economical, adapts to site con- ditionk and allows selection of the most appropriate plant materials. Conditions Where Fine -graded areas on which permanent, long-lived vegetative cover is the most Practice Applies practical or most effective method of stabilizing the soil. Permanent seeding may also be used on rough -graded areas that will not be brought to final grade for a year or more. Areas to be stabilized with permanent vegetation must be seeded or planted within 30 working days or 120 calendar days after final grade is reached, unless temporary stabilization is applied. i Planning Vegetation controls erosion by protecting bare soil surfaces from raindrop im- Considerations pact and by reducing the velocity and volume of overland flow. The most common and economical means of stabilizing disturbed soils is by seeding grasses and legumes. The advantages of seeding over other means of establishing plants include the smaller initial cost, lower jabor input, and greater flexibility of method. The disadvantages of seeding include: • potential for erosion during the establishment stage, • the need to reseed areas that fail to establish, • seasonal limitations on suitable seeding dates, and • a need for water and appropriate temperatures during germination and early growth. The probability of successful plant establishment can be maximized through good planning, knowledge of the soil characteristics (Table 6.11 a), selection of suitable plant materials for the site, good seedbed preparation, adequate liming and fertilization, and timely planting and maintenance. SELECTING PLANT MATERIALS Climate, soils, and topography are the major factors affecting the suitability of plants for a particular site. All three of these factors vary widely across North Carolina, with the most significant contrasts occurring among the three major physiographic regions of the state ­Mountains, Piedmont, and Coastal Plain {Figure 6.11a). To simplify plant selection, a Key to Permanent Seeding Mixtures is presented in Table 6.1lb. To find seeding specifications for a specific site, follow this key through the different steps --region, slope. soil, and maintenance level --to the appropriate seeding number. Seeding mixtures recommended here are designed for general use and are well proven in practical field situations (Tables 6.11c 6.11.1 Table 6.11 a Suitability of Soil for Establishment of Low -maintenance Vegetation Crlterla Sultablilty Limiting Factors Good Fair Poor pH 5.6-7.6 4.5-5.6 <4.5 Too acid; possible Al, Mn, Fe toxicity Available >.10 .05-.10 <.05 Too dry water capacltyl Texture I,sil,si scl, Biel Be, sic Too high In clay sl cl c Is s Too high In sand Coarse (3-10 in) <15% 1535 >35 Lg. stones restrict fragments 3 (>10 in) 4% 3-10 >10 tillage; droughty Depth to 40 20-40 <20 Insufficient bedrock (in.) rooting depth Salinity (mmhos/cm) 8-16 >16 Excess salt lin.ln. r 2Sandy clay loam (scl), silty clay loam (sicl), clay loam (d), sandy loam (sl), silt loam (sil), loamy sand (Is), safdy clay (sc), silty clay (sic), clay (c), silt (si), sand (s), and loam (1). 3Percent by weight. Source: National Soils Handbook, USDA-SCS,1983. ' Coastal Plain Mountains Piedmont upper Middle Lower 4 0 Sand Hills Figure 6.11a Major physiographic regions of North Carolina differing In climate, soils and topography. Tidewater 6.11.2 Practice Standards and Specifications through 6.1 lv). They are designed to produce maximum stabilization and min- imize the amount of maintenance and repair required. Land use is a primary consideration in planning permanent seedings. For this purpose land use, whether residential, industrial, commercial, or recreational, 1 can be divided into two general categories: • High -maintenance areas are mowed frequently, limed and fertilized regularly, and either (1) receive intense use (e.g., athletic fields) or (2) re- ' quire maintenance to an aesthetic standard (e.g., home fawns). Grasses used for these situations are long-lived perennials that form a tight sod and are fine -leaved and attractive in appearance. They must be well - adapted to the geographic area where they are planted and able to endure �• the stress of frequent mowing. Sites where high -maintenance vegetative cover is desirable include homes, industrial parks, schools, churches, and recreational areas. • Low -maintenance areas are mowed infrequently or not at all, and do not receive lime and fertilizer on a regular basis. Plants must persist with lit- tle maintenance overlong periods of time. Grass and legume mixtures are favored for these sites because legumes are a source of soil nitrogen. Mixed stands are also more resistant to adverse conditions. Sites suitable for low -maintenance vegetation include steep slopes, stream or channel ' banks, some commercial properties, and "utility" turf areas such a§ road - banks. SEEDBED PREPARATION ' -The soil on a disturbed site must be amended to provide an optimum environ- ment for seed germination and seedling growth. The surf9"ce soil must be loose enough for water infiltration and root penetration. The pH (acidity or alkalinity) ' of the soil must be such that it is not toxic and nutrients are available —prefera- bly between 6.0 and 6.5. Sufficient nutrients —added as fertilizer —must be present. ' It is as important to add lime as to add fertilizer. Lime is used primarily as a pH, or acidity, modifter, but it also supplies calcium and magnesium, which are im- portant plant nutrients. By increasing soil pH it also makes other nutrients more available to plants. At the same time, it prevents aluminum toxicity by decreas- ing the solubility of soil aluminum. Many soils in North Carolina are high in aluminum, which stunts plant growth. ' After'seed is in place, it must be protected with a mulch to hold moisture and modify temperature extremes, while preventing erosion during seedling estab- ' lishment. STEEP SLOPES The operation of equipment is restricted on slopes steeper than 3:1, severely limiting the quality of the seedbed that can be prepared. The soil cannot be suf- ficiently worked, and amendments cannot be thoroughly incorporated: Provisions for establishment of vegetation on steep slopes can be made during final grading. In construction of fill slopes, for example, the last 4-6 inches might be left uncompacted. A loose, rough seedbed is essential. Large clods and stones ' provide irregularities that hold seeds and fertilizer. Cut slopes should be rough- ened (Practice 6.03, Surface Roughening). ' Where steepness prohibits the use of farm machinery, seeding methods are limited to broadcast or hydroseeding, with hydroseeding giving the most de- pendable results. Vegetation chosen for these slopes must not require mowing or other intensive maintenance. Using a hydraulic seeder, seed, fertilizer, wood fiber mulch, and a tacking agent can be applied in one operation. Good mulching practices are critical to protect against erosion on steep slopes. When using straw, anchor with netting or asphalt. On slopes steeper than 2:1, jute, excelsior, or synthetic matting may be required to protect the slope. Specifications SEEDBED REQUIREMENTS p Establishment of vegetation should not be attempted on sites that are unsuital4e 1 due to inappropriate soil texture (Table 6.11a), poor drainage, concentrated overland flow, or steepness of slope until measures have been taken to correct these problems. ' To maintain a good stand of vegetation, the soil must meet certain minimum re- quirements as a growth medium. The existing soil should have these criteria: ' . Enough fine-grained (silt and clay) material to maintain adequate mois- ture and nutrient supply (available water capacity of at least .6 inches water to 1 inch of soil). ' • Sufficient pore space to permit root penetration. • Sufficient depth of soil to provide an adequate root zone. The depth to rock or impermeable layers such as hardpans should be 12 inches or more, ' except on slopes steeper than 2:1 where the addition of soil is not feasible. A favorable pH range for plant growth, usually 6.0-6.5. • Freedom from large roots, branches, stones, large clods of earth, or trash of any kind. Clods and stones may be left on slopes steeper than 3:1 if they are to be hydroseeded, ' If any of the above criteria are not met—i.e., if the existing soil is too coarse, dense, shallow or acidic to foster vegetation —special amendments are required. The soil conditioners described below may be beneficial or, preferably, topsoil ' may be applied in accordance with Practice 6.04, Topsoiling. SOIL CONDITIONERS In order to improve the structure or drainage characteristics of a soil, the fol- lowing materials may be added. These amendments should only'be necessary where soils have.limitations that make them poor for plant growth or for fine turf establishment (see Chapter 3, Vegetative Considerations). Peat —Appropriate types are sphagnum moss peat, hypnum moss peat, reed - sedge peat, or peat humus, all from fresh -water sources. Peat should be shredded and conditioned in storage piles for at least 6 months after excavation. tSand --clean and free of toxic materials. 1 .. ' Practice Standards and Spee(rieations ' Vermiculite --horticultural grade and free of toxic substances. ' Rotted manure --stable or cattle manure not containing undue amounts of straw or other bedding materials. ' Thoroughly rotted sawdust --free of stones and debris. Add 6 lb of nitrogen to each cubic yard. ' Sludge —Treated sewage and industrial sludges are available in various forms; these should be used only in accordance with local, State, and Federal regula- tions. SPECIES SELECTION Use the Key to Permanent Seeding Mixtures (Table 6.11b) to select the most appropriate seeding mixture based on the general site and maintenance factors. A listing of species, including scientific names and characteristics, is given uj Appendix 8.02. ' SEEDBED PREPARATION Install necessary mechanical erosion and sedimentation control practices before seeding, and complete grading according to the approved plan. Lime and fertilizer needs should be determined by soil tests. Soil testing is per- formed freeof charge by the North Carolina Departmentof Agriculture soil test- ing laboratory. Directions, sample cartons, and information sheets are available ' through county Agricultural Extension offices or from NCDA. Because the NCDA soil testing lab requires 1-6 weeks for sample turn -around, sampling must be planned well in advance of final grading. Testing is also done by com- mercial laboratories. When soil tests are not available, follow rates suggested on the individual specification sheet for the seeding mix chosen (Tables 6.1Ic through 6.11v). ' Application rates usually fall into the following ranges: Ground agricultural limestone: Light -textured, sandy soils: 1-1 1/2 tons/acre ' Heavy -textured, clayey soils: 2-3 tons/acre • Fertilizer: Grasses: 8W-12001b/= of 10-10-10 (or the equivalent) ' Grass -legume mixtures: 800-1200 lb/acre of 5-10-10 (or the equivalent) Apply lime and fertilizer evenly and incorporate into the top 4-6 inches of soil by'disking or other suitable means. Operate machinery on the contour. When ' using a hydroseeder, apply lime and fertilizer to a rough, loose surface. Roughen surfaces according to Practice 6.03, Surface Roughening. ■ Complete seedbed preparation by breaking up large clods and raking into a smooth, uniform surface (slopes less than 3:1). Fill in or level depressions that can collect water. Broadcast seed into a freshly loosened seedbed that has not been sealed by rainfall. a 2 SEEDING Seeding dates given in the seeding mixture specifications (Tables 6.11 c through 6.11v) are designated as "best" or "possible". Seedings properly carried out within the "best" dates have a high probability of success. It is also possible to have satisfactory establishment when seeding outside these dates. However, as you deviate from them, the probability of failure increases rapidly. Seeding on the last date shown under "possible" may reduce chances of successby 30-50%. Always take this into account in scheduling land -disturbing activities. Use certified seed for permanent seeding whenever possible. Certified seed is inspected by the North Carolina Crop Improvement Association. It meets published North Carolina Standards and should bear an official "Certified Seed" label (Figure 6.11b). Fleure 6.11b Label displayed on all North Carolina certified seed. 4 "OC in d 1ppboM�lmr eh fiom lot W �d lrhrth "u OroduurMglOMd and fn�AGKOpMd M eccorWna "+ln py • Itn �Y Or see0cw on d 000n 7roduw o, vendor wtme nenM aridiv certifwatm writtw epmu * or 'i 1nry LOW ■ 7wNfy mpors.b4 to, dH nlpnutio. MnowO w A ProWr uM of fH febM. GROWN IN NORTH CAROLINA Net Wt, Lbs........ Pure aeed.... Inert Matter... Other Crop... Weed Seed... Germination.. (1b} Hard Seed-... rest Date.......... Nox, Weedrtb...... Lot No- Cert No Kine ... I Variety .. Vendor. Labeling of non -certified seed is also required by law. Labels contain important information on seed purity, germination, and presence of weed seeds. Seed must meet State standards for content of noxious weeds. Do not accept seed contain- ing "prohibited" noxious weed seed. Inoculate legume seed with the Rhizobium bacteria appropriate to the species of legume (Chapter 3, Vegetative Considerations). . Apply seed uniformly with a cyclone seeder, drop -type spreader, drill, cul- tipacker seeder, or hydroseeder on a firm, friable seedbed. 6.11.6 Practice Standards and Specifications ■ Figure 6.110 Suggested pattern for broadcasting seed and fertilizer (source: NCAES Bulletin A"O). �w 0 When using a drill or culdpacker seeder, plant small grains no more than 1 inch deep, grasses and legumes no more than 1/2 inch. Equipment should be cali- brated in the field for the desired seeding rate. When using broadcast -seeding methods, subdivide the area into workable sec- tions and determine the amount of seed needed for each section. Apply one-half the seed while moving back and forth across the area, making a uniform pat- tern; then apply the second half in the same ways but moving at right angles to the first pass (Figure 6.1 lc). Seeding Pattern Cover broadcast seed by raking or chain dragging; then firm the surface with a roller or cultipacker to provide good seed contact. Mulch all plantings immediately after seeding (Practice 6.14, Mulching). HYDROSEEWNG Surface roughening is particularly important when hydroseeding, as a rough- ened slope will provide some natural coverage for lime, fertilizer, and seed. The surface should not be compacted or smooth. Fine seedbed preparation is not necessary for hydroseeding operations; large clods, stones, and irregularities provide cavities in which seeds can lodge. Rate of wood fiber (cellulose) application should be at least 2M lb/acre. Apply legume inocubmis at four times the recommended rate when adding in- oculant to a hydroseeder slurry. If a machinery breakdown of 1/2 to 2 hours occurs, add 50% more seed to the tank, based on the proportion of the slurry remaining. This should compensate for damage to seed. Beyond 2 hours, a full rate of new seed may be necessary. Lime is not normally applied with a hydraulic seeder because it is abrasive. It can be blown onto steep slopes in dry form. M 6.11.7 I SPRIGGING Hybrid Bermudagrass cannot be grown from seed and mustbe, planted vegeta- tively. Vegetative methods of establishing common and hybrid Bermudagrass, centipedegrass, and Bahiagrass include sodding,plugging and sprigging (Chap- ter 3. Vegetative Considerations). Sprigs are fragments of horizontal stems which include at least one node (joint). They are normally sold by the bushel and can either be broadcast or planted in furrows using a tractor -drawn tobac- co or vegetable transplanter. Furrows should be 4-6 inches deep and 2 ft apart. Place sprigs about 2 ft apart in the row with one end at or above ground level (Figure 6.1 ld). Figure 6.1id Proper placement of grass sprigs. Each sprig should have at least one node (modified from NCAES Bulletin AG-69), Soil Surface t 2 ca Correct Incorrect Broadcast sprigs at the specified rate (Tables 6.11r and 6.1Is). Press into the top 1/2-2 inches of soil with a cultipacker or with a disk set nearly straight so that the sprigs are not brought back to the surface. IRRIGATION Moisture is essential for seed germination and seedling establishment. Sup- plemental irrigation can be very helpful in assuring adequate stands in dry seasons or to speed development of full cover. It is a requirement for fine turf establishment and should be used elsewhere when feasible. However, irrigation is rarely critical for low -maintenance vegetation planted at the appropriate time of the year. Water application rates must be carefully controlled to prevent runoff. Inade- quate or excessive amounts of water can be more harmful than no supplemen- tal water. Maintenance Generally, a stand of vegetation cannot be determined to be fully -established until soil cover has been maintained for one full year from planting. Inspect seeded areas for failure and make necessary repairs and reseedings within the same season, if possible. Reseeding -•-If a stand has inadequate cover, re-evaluate choice of plant mate- rials and quantities of lime and fertilizer. Re-establish the stand after seedbed preparation or over -seed the stand. Consider seeding temporary, annual species if the time of year is not appropriate for permanent seeding (Practice 6.10, Tem- porary Seeding). 6.11.8 Practice Standards and SpecWcations If vegetation fails to grow, soil be must tested to determine if acidity or nutrient imbalance is responsible. Fertilization the typical disturbed site, full establishment usually requires refertilization in the second growing season. Fine turf requires annual main- tenance fertilization (Table 6.12b). Use soil tests if possible or follow the guidelines given for the specific seeding mixture (Tables 6.1 Ic through 6.11 v). References Site Preparation 6.03, Surface Roughening 6.04, Topsoiling Surface Stabilization 6.10, Temporary Seeding 6.12, Sodding i 6.14, Mulching Appendix 8.02, Vegetation Tables Chapter 3. Vegetative Considerations USDA Soil Conservation Service National Soils Handbook 6.11.9 1 CONSTRUCTION SPECIFICATIONS I. RELOCATED DRAINAGE ' 1. Prior to beginning work on the site the following work must be completed. ' A. Block all existing field ditches that will flow south across the new relocated canal so that no storm water will leave the construction site ' through these ditches. 2. Excavate the canal complete except the west end. Tie Into the existing canal. All spoil from the excavation shall be spread to the side slopes Indicated and stabilized with seed as described in the vegetative plan. t3. Grade and seed the Inside slopes of the canal as de- scribed in the vegetative plan. ' 4. The tie.in of the new canal at the east end shall be Just upstream of the existing rock check dam. ' S. The field ditches that flow from the south to the north shall have rock check dams installed at the discharge to the new canal. t 10 II. MINE OUTFALL CANAL 1. Prior to beginning work on the site all existing field ditches that will flow south or west across the new outfall canal must be blocked so that no stormwater will leave the construction site through these ditches. 2. Construct the "toe silt ditch" in advance of the out - fall canal construction along the perimeter of the construction site. This ditch shall be dug with a vee ' bucket backhoe two (2) feet deep. All existing ditch- es crossing the new "toe silt ditch" shall be blocked during construction so that no water will flow out of the ditch invert. The spoil shall be placed on the �mine side of the excavation. 3. As completion of the "toe silt ditch" progresses, the mine outfall canal excavation can begin. All equipment operation and spoil disposal shall be on the mine side of the toe silt ditch as shown on the cross section and either side of the new outfall canal. 4. Spoil between the "toe silt ditch" and the new outfall ' canal shall be graded and vegetative cover established. S. Upon completion of grading the outfall canal slopes, the canal shall be connected with the existing mine outfall canal system. Oil J 0 a M{NE cv- So r*c d.5i ROBERT M. CHILES, P.E. _JL_ & Engineers L Consultants SHEET NO. Z 109 '51* NEW BERN, NC 28560 - (919) 637.4702 CALCULATED BY emc_ DATE... Id CIL CHECKED BY - DATE . .... ... ........ . ......... ... ... ... ...... PLC.vl - _T_._1 '0d ik . .......... RAN_ O.T Vr = A"- T. . ........ ....... .. ...... .... .......... .... ........... ............. .......... ..... .... . M. T__ 14 0_ . ... ...... . ...... . ...... . ...... ........... 07 1 j AA �AR . I ......... . 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Engineers & Consultants NEW BERN, NC 28560 (919) 637.4702 joq-AG-E--e�-s uowig-4- VLAAJ SHEET NO.fvp'gf'*x'1 Sb4 is- OF iA CALCULATED BY - DATE CHECKED BY DATE SCALE ... ........ ......... ....... .... ...... ........... .. ......... ............. ........... Co . w ........... ..... ... ...... .. .......... ............. ..... ..... ........... . ... ........ ......... . ......... .... ... .... --Z ri-A rz G Q a v q-A ..... ...... .. ......... ... ............ .......... .... ........ . . .......... .. ...... ...... .... ...... . .... ..... . .... ..... . ....... . .. .............. . ........ ......... ......... .... ...... ....... .... ........... . ....... ... 320 ........ ....... .. ..... 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I .. ...... ..... ... . ...... ..... . ..... .......... ............. ... .... ...... .. ...... ...... .... .. ............... ..... ............. ........... ........... ........... ... . ...... . . . ...... ............. ....... .... ............ ........ ... ............ ...... - - - - - - - ..... ...... ........... .. . . . .. . . . . . . ........... ............ ........... ............. . . . . . . . . . . . ............. . . . . . . . . . . . . . . . .• . . . . . . ... . . . . . . . . . . . . . . . . . . . . ............. ............ . . . . . . . . . . . . . . . . . . . ........ - I I f . . . . . . . . . . 1 Symbols for Erosion and"SE SITE PREPARATION �6.02 Land Grading 6.03 Surface Roughening g g 6.04 Topsoiling ' 6.05 Tree Preservation & Protection 6.06 ' Temp. Gravel Const. Entr/Exit SURFACE STABILIZATION 6.10 TS Temp. Seeding 6.11 ' Ps Perm. Seeding O' Sodding GC 6.13 Trees, Shrubs; Vines & GC ' O 6.14 M Mulching ' RR 6.15 Riprap ' 6.16 1 os Veg. Dune Stabilization sediment Control Practices RUNOFF CONTROL MEASURES T D 6.20 Temp; Diversions D _.. 6.21 Perm. Diversions .� P D 6.22 Diversion Dike (Perimeter) --- W B 6.23 Right -of -Way Diversions RUNOFF CONVEYANCE MEASURES 6.30 G� Grass -lined Channels RR 6.31 Riprap-lined Channels P Paved Channels 4TSD46.32 Temp. Slope Drains 6.33 Paved Flume (Chutes) OUTLET PROTECTION s.40 Level Spreader . 6.41 Outlet Stab. Structure 12 Practice Symbols (cont'd.) INLET PROTECTION L,,,-,.6.50 -11=11141,k Temp. Exc. Drop Inlet Prot. 6.51 Temp. Fabric Drop Inlet Prot. •1wi1: 6.52 • . „ Temp. Block & Gravel Inlet Prot. 6.53 Sod Drop Inlet Prot. SEDIMENT TRAPS & BARRIERS 6.60 bEgMEj Temp. Sod. Trap O 6.61 Sediment Basin - A mr- 7 Sediment Fence 6.63 Rock Dam STREAM PROTECTION Y 6.70 - Tem . •S r p i eam Crossing P 6.71 Perm. Stream Crossing 6.72 w. Veg. Streambank Stabilization ,,0S 6.73 ... Struc. Streambank Stab. OTHER RELATED PRACTICES CRS - 6.80 Constr. Road o d Stabilization SD _� 6.81 Subsurface Drain 6.82 Grade Stab. Structure r ' 6.83 Check Dam Q 6.84 oc Dust Control Sand Fence (Wind Fence) FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land -disturbing activity on one or more contiguous acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Natural Resources and Community Development. (Please type or print and, if question is not applicable, place NIA in the blank.) Part A. 1. Project Name . Phase I --Mine Permit 7-1 :Continuation for Texasgulf , Inc. 2: Location of land -disturbing activity: County Beaufort City or Township Richlands , and Highway/ Street N.C. 306 3. Approximate date land -disturbing activity will be commenced-. April, 1991 4. Purpose of development (residential, commercial, industrial, etc.) :_ Industiial_ Mining 5. Approximate acreage of land to be disturbed or uncovered : .15 (Exterior to Mine) 6. Has•an erosion and sedimentation control plan been filed ?Yes X No 7. Person to contact should sediment control issues arise during land -disturbing activity. Name Jeff Furness Telephone (919) 322-8249 8. Landowner (s) of Record ( Use blank page to list additional owners.): Texasgulf. Inc. Name (s) P. 0. Box 48 ' Current Mailing Address Current Street Address Aurora, N. C. 27806 ' City State Zip City State Zips. 9. Recorded in Deed Book No. Various Page No. Part B. ,.1. Person (s) or.firms (s) who are financially responsible for this land -disturbing activity (Use the blank page to list additional persons or firms): Texasgulf Inc. Name of -Person (s)or Firm (s) t-- P. 0. Box 48 Mailing Address' Street Address Aurora, N. C. 27806 ' City State ^_ Zip City. State Zip Telephone - Telephone 13 (a) if the Financially Responsible Party is a Corporation give name and street address of the Registered Agent. _ C. T_. Corporation System -- Name . ' • , _ 225 Hillsboro Street Mailing Address ' . Raleigh,�N,:C. 27603 City State Zip (919) 821-7139 Telephone Street Address City State Zip Telephone (b) if the Financially Responsible Party is a Partnership give the name and street address of each General Partner ( Use blank page to list additional partners.): Name Mailing Address City State Zip Telephone Street Address City State Zip Telephone The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. ( This form must be signed by the financially responsible person it an individual or. his attorney -in - fact or it not an individual by an officer, director, partner, or registered agent with authority to execute instru- ments for the finanacially responsible person ). I agree to provide corrected information should there be any change in the information provided herein. T. J. Regan, Jr. Type or print name Signatu State of North Carolina, hereby certify that appeared personally before me.this day and being cuted by him. I u r- L Vice President, Phosphate -Operations Title or Authority 1 Date a Notary Publid of the County of Witness my hand and notarial seal, this -2-f- day of _4, i9 9Z Seal Notary My commission expires 2? I State of North Carolina Department of Natural Resources and Community Development LAND QUALITY SECTION EROSION AND SEDIMENTATION CONTROL PLAN CHECKLIST The following Items should be incorporated with respect to specific site conditions, in an erosion end Sedimentation control plan: LOCATiDN imromiaN Project location Roads, Streets North arrow -� Scale ^! Adjoining lakes, Streams or other major drainage ways GENLRAL JTE FEATURES North arrow .� Scale Property Imes W legend Existing contours Proposed contours' limit and acreage of disturbed area Planned existing buildings location and elevations Planned and existing roads location and elevations tot and/or building numbers '! Land ate of Surrounding areas -� Rock outcrops Seeps or springs Netland limits Easement$ Streams, lakes, ponds, drainage ways, dams Borrow and/or waste areas (Note - when the person financially —`" for the evarall.project is not the person financially responsible for off -Site borrow areas not regulated by.the provlsions of the Mining Act of 1971 end off -site was to area other than land fills regulated by the Department of Hunan Resources such areas Should be considered separate land disturbing activities subject to the Sadlgntation Pollution Control Act o1 1973. Off -site borrow areas are subject to the requiromcnts of the Mlalng Act of 1911). Stockpiled topsoil or subsoll location �^ street profiles SITE DAAIKU1 1EAT11RES Editing and planned drbiMps patterns (include of(-slta areas that drain through project) slim of Areas (Acreage) Size and location of culverts and Sorer$ — Solls lnfmreatian (type. Special characteristics) Desigqn calculations and construction details for culverts and Mrs tempt —Design Design Calculations, oroSS Sections Bad method of stabilization or existing and planned channels (include temporary linings) -� Design calculations and construction details of enargy dissipators below culverts ands 9amr Outlets .(for rip -rap aprons, include Stone Still diamaters) and apron dimenslons) $oil information below'eulvert and storm sewer outlets DeSlpn calculations and construction details to control groundwater, M. seeps, high crater table, etc. Iginn"o—OL_MEASURES Legend _ location of temporary and permanent measures Construction drawlrgs and details for temporary and permanent measures Design calculations for sediment basins and other measures Maintenance "Invents during construction Person responsible for salntenance during con$tMCtlon Maintenance requiremants and responsible person($) of pereane measures VEGETATIVE STABILIZATION Areas and acreage to be vegetatively stabilized Planned vegetation with details of plants, seed, mulch, fart lliser Specifications for permanent and temporary vegetation Method of soil preparation NOTE: Should include "ISions for ground corer on exposed dopes within 30 working days following completion of any phase of 9redinpp, permanent gqround cover for all disturbed areas with 70 worYing days or ]Zo calendar days (r6l4havar i$ shorter) follwirg completion of construction or development. OTHER INFORMATION Narrative (as needed) Capleted Financial ResponlibiIIty/pwnership Form ( to be Sig Ey porron financially rosponslbla for project) Bid Specifications rage rdlnp'erosjail, control — Cotraction Sequeeea rolatad to sedteentatlon and erosion co (Incloa inSiAIlation or critical measures prior to Initia 'of the land-disturblag activity and removal of measures a! areas they Serve have been permanently stabilized. 14 . .. .� .. .. . . .....�..:% . ' .... ...... :. ... ..'.. ... . �iai� sa YN:....Hogg . .HM......., ... . . . ....... ':� ... .... ..... .. . ka4m, lr]:�n:�:� " . . ...... . .. .. HH . .......... . :.... ..........:: ... ... .. ­: ' i�� . :%.N...... . ....:�... . . . . .. ........... . . ... .,.... iaw: . .. 1. . ..... . ................. ..... . . ...... . .. W I .- . . ... . .0 � ...... .. .. 4-: - . ... ....... .. ... �� ... .. .... ., . . . ...::. ...:,. 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Box 48 Aurora, North Carolina 27806 December 21, 1990 Mr. Charles Gardner Director, Division of Land Resources North Carolina Department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: W.A. 5chimming Manager Environmental Affairs (919) 322-4111 X 31 '90 JkAFLAN1D ftjg As required by our Mining Permit No. 7-1, enclosed are descriptions of reclamation activities for the last half of 1990, and the reclamation plans for the first half of 1991. Attached to the descriptions are support maps No. AOG-049-167, AOG-049-167A, AOG-049-168, and AOG-049-168A. If you have any questions, do not hesitate to call Jeff Furness or myself. Sincerely, �:iw W. A. Schx WAS:JCF/re Enclosures pc: Mr. Floyd Williams - H. M. Breza (w/encl) D. J. Millman " W. R. Walker " P. J. Moffett I. K. Gilmore " J. C. Furness " 12-04-007 „ 00-12-000 (w/o encl) DLR, Washington (w/encl) 6 I.' I CHARLES TRACT RECLAMATION Work Accomplished for the Second Half of 1990 (July -December) Phase I - Weed Control and Land Preparation (see attached map AOG-049-167) In July, a 201 acre area in the center section of pond no. 1 was plowed, using a special disk plow and high flotation tractor. In this application, the standing vegetation (phragmites & willow) was turned under, exposing the root system and allowing the upper foot of the soil drying capabilities. Young phragmite shoots sprang up from the exposed root system and once they had reached a growth of 3 to 4 feet, the herbicide rodeo was applied by aerial spraying. Phase II - Preparation for Tree Planting (see attached map AGO-049-167) When it had been determined that the phragmites had been killed from the aerial spraying, a 121 acre area in the center section was prepared for 1991 tree planting. This was accomplished by using a levee plow to establish rows of mounds. An 80 acre area in the western half which had been sprayed in 1989 was also prepared for 1991 tree planting using the same application. These two areas bring the total acres prepared for 1991 tree planting to 201. Phase III -- Tree Planting (no activity) Surface Drainage New surface drainage ditches, 165 feet on centers were established in the 201 acre section near the center of the pond. Major drainage established by the rental high flotation backhoe has done such a good job removing the surface water that no work was required in major drainage. Planned Reclamation for First Half of 1991 (January --June) Phase I - Weed Control (no activity) Phase II - Disk Plowing and Land Preparation (see attached map AOG-049-167A) A 135 acre area in the center of the pond will be plowed, using a special disk plow and high flotation tractor. The standing vegetation (phragmites & willows) will be turned I f t under, exposing the root system and allowing the upper foot of the soil drying capabilities. Aerial spraying of this area will take place in late summer. Phase III - Tree Planting (see attached map AOG-049-167A) in mid winter, a 121 acre area in the center and an 80 acre area near the western end will be planted with various species of hardwood seedlings. A more detailed report of quantities and species will be in the June, 1991 Reclamation Report. Surface Drainage (see attached map AOG-049-167A) Surface drainage ditches will be installed in the 135 acre area where needed to establish a network 165 feet on centers. If time and weather permits, other areas including ponds no. 3 and no. 4 will be developed. LEGEND Q — PHASE I -- Disk Plow 6 Apply Rodeo — PHASE II — Disk Plowed and Bed for 1991 Tree Planting (201 Acres) Establish New Surface Drainage Ponded Area t, pa'am ... ....... . . ••� "ona Pond 4_S i........ ........ , . . Pond # 4-A Pond # 5—B fond 5—A....... .... ........�• Gr eey- CLAY POND DEVELOPMENT - CHARLES TRACT ACCOMPLISHED FOR SECOND HALF OF 1990 (JULY — DECEMBER) tlHI1iM1 GATE iMiAMIl16 NEl. S.R.R. 12-13-90 A©G-049-iV LEGEND - PHASE I -- Apply weed control (no activity) . - PHASE II -- Disk plow - PHASE III - Tree Planting (201 Acres) EstabI' ! - Ponded . . . . . . . . . . . . . . . . . . . . ..... Pond # 2 ... Pond # 3 Pond # 4-8 .......... a i....>,.. ............... 1 Pond # 4-A Pond # 5-B # and # 5................ CHARLES TRACTI FOR FIRST HALF OF 1991 (JANUARY - JUNE) IDRAWN S.G_R. IDATE 12-13-90IORAWInm B0G-049-167A I RECLAMATION - MIXED AREA Reclamation Development for the Second half of 1990 (July December) R-1 Area Surface Drainage (see attached map AOG-049-168) Major emphasis on R-1 for the second half of 1990 was to improve the existing surface drainage system and to install some new surface ditches in strategic areas. These improvements allowed drainage of several areas, in turn allowing access of equipment. Agricultural Test Areas In the spring of 1990, a 3 acre plot of corn and a 3 acre plot of soybeans were planted as a test by Mr. Henry Riddick,Beaufort County Extension Director, and Mr. Paul Lilly, Extension Soil Science Specialist, Tidewater District. The results of this test were favorable. The average yield of the corn was 117 bushels per acre and the yield of the soybeans was 37 bushels per acre. This is above average for a first year crop. Dr. Steve Broome, NCSU Research, is continuing studies on different species of cover crops and trees to determine the best species for the land. Dr. Broome's report will be included in a future Bi-annual Reclamation Report. Development for Agricultural Use (see attached map AOG-049- 168) A 15 acre area in the southeast corner and a 35 acre area in the center is being developed for row crop farming. Using a high flotation tractor, a disk plow turned the upper one foot of soil exposing the wetter material and speeding up the drying process. Within a few weeks, leveling harrows were used to break up the large chunks created by the first plowing. In early November, winter wheat was planted as a winter cover. Development for Tree Planting (see attached map AOG-049-168) Approximately 80 acres of R-1 have been prepared for 1991 tree planting. This area has been disk plowed,disk harrowed, and finally, a levee plow used to create mounds of rows where the trees will be planted. Page 2 R-2 Area Slope Seeding of R-2 Dike Approximately half of the dike slope that is to be seeded is complete. By using a dragline, blend was placed on the slope and allowed to dry. A second application was placed in a similar manner to insure ample material. Once the material had dried, a tractor with disk harrow was used to level and cut in the material. Kentucky #31 Fescue was planted on the slope with Common Bermuda added near the toe. The remaining half of the dike slope has had two applications of blend placed on the slope, but was completed e too late in the season for planting. Blend Discharge The majority of the blend has been discharged into block # 15, however some was placed into R-2 and R-3. Proposed Reclamation Development for the First Half of 1991 (January -guns) R-1 Area Hardwood Tree Planting Approximately 80 acres have been prepared for tree planting on R-1, and another 15 acres along Porter Creek (see attached map AOG-049-168A for locations). In February -March, contract planters will hand plant several species of hardwood tree seedlings in these areas, The Second Half Report in late June will go into detail as to exact species, quantity, and acres. Surface Drainage (see attached map AOG-049-168A) The main emphasis will be to develop drainage ditches in the center of the northern half of R-1. This is the last remaining area where ditches have not been established. These ditches will be installed using high flotation equipment. Development of Agricultural Use Area (see attached map AOG- 049-168A) This area will be expanded to approximately 100 acres. There will be three locations, one at the south east corner, one in the center, and one near the north end in the center of R-1. This plan will give a cross section of different fill areas and elevations. Crop plantings will be based on the recommendations of Mr. Riddick and Mr. Lilly. Page 3 Agricultural Test Area Dr. Steve Broome with NCSU will continue to run tests on different tree and plant species. R-2 Area Slope Seeding of R-2 Dike (see attached map AOG-049-168A) In early spring, the remaining portion of the dike will be leveled and disk harrowed, fertilizer applied, and a mixture of grass seeded. e Blend Discharge For the most part, blend will be directed into block # 15 (NPDES Recycle Lake), however some will be discharged into R- 3. Test of Sand/Clay Cap on R-2 The concept of capping the R-2 Blend Pond with a 4:1 sand/clay blend will be evaluated. A proposal will be submitted to DLR for a short field test which will last 3-5 days at which time an application of the capping mixture would be deposited over a section of R-2. Depending upon favorable results of the field test, a subsequent proposal will be submitted to DLR to complete a 4:1 sand/clay cap of R-2 in the second half of 1991. t BLOCK �'� LEGEND 16 BLOCK BLOCK Existing Surface Drainage Ditches 18 17 New Surface Drainage Ditches iArea Prepared for 1991 Tree Planting BLOCK BLOCK O Area Prepared for Agricultural Use 19 20 Slope Seeding of R-2 Dike Active Blend Discharge RECLAMATION - PLANTSITE RECLAMATION DEVELOPMENT FOR THE SECOND HALF OF 1990 (JULY-DECEMBER) Of4M! Ulm nwiar 0. S.G.R. 12—i8--90 AOG-049-168 r PAMLICO El 0000 Existing Surface Drainage Ditches New Surface Drainage Ditches 40 Hardwood Tree Planting Areas 0 Develop Agricultural Use Area Slope Seeding of A-2 Dike Active Blend Area RECLAMATION - PLANTSITE PROPOSED RECLAMATION FOR THE FIRST HALF OF 1991 (JANUARY-JUNE) mum DROM No. S.G.R. 12-18--90 AOG-049-i68A IAA �.; 3x i i'f iJ p �: I: '€ I a RECEIVED 0 Texasgulf inc. eft aquitalne group P.O. Box 48 Aurora, North Carolina 27806 June 27, 1991 Mr. Charles Gardner Director, Division of Land Resources North Carolina department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: W.A. Schimming Manager Environmental Affairs (919) 322-4111 JUL 1 -9t DiV. LAND REa As required by our Mining Permit No. 7-1, enclosed are descriptions of reclamation activities for the first half of 19911 and the reclamation plans for the last half of 1991. Attached to the descriptions are support maps No. AOG-049-1691 AOG-049-169A, AOG-049-170, and AOG-049-170A. If you have any questions, do not hesitate to call Jeff Furness or myself. Slncerel Gy W. A. Schimming WAS:JCF/lag Enclosures pc: Mr. Floyd Williams - DLR, H. M. Breza (w/encl) D. J. Millman It W. R. Walker " P. J. Moffett to I. K. Gilmore " J. C. Furness " 12-04-002-02 " 00-12-000 (w/o encl) Washington (w/encl) CHARLES TRACT RECLAMATION Work Accomplished for the First Half of 1991 (January -June) Phase I - Weed control and Land Preparation (no activity) Phase II - Preparation for Tree Planting (no activity) Phase III - Tree Planting (see attached map AOG-049-169) In February, 1991 a contract tree planter planted hardwood trees on two areas of the Number 1 Clay Pond. The area near the center consisted of 120.7 acres and the area near the west end consisting of 82.6 acres for a total of 203.3 surface acres. Tree species and their acreages are as follows: Species Willow Oak Sycamore Water Tupelo Red Maple Green Ash Cypress Juniper Acres 5.5 6.8 11.0 5.7 115.3 55.4 3.6 203.3 Total The seedlings were bare root and each was hand planted on mounds (or rows) that had been constructed in the fall of 1990. A slow release nitrogen fertilizer tablet was placed by each seedling. The planting was monitored by Texasgulf personnel as well as a consultant. We are pleased with the results of this planting. Surf —ace Drainage Due to the adequate surface drainage of the Number 1 Pond, there was no activity in this area during this period. Drainage improvement will continue during the second half development period. LEGEND - PHASE I - Apply weed control (no activity) -- PHASE II - Disk plow (no activity) �-- PHASE III - Tree Planting (203 Acres) Establish New Surface Drainage - Ponded Area qPond # 2 Pond # 3 . * Pond # 4-S ...................•............. {..........•% .. 1 ' Pond 4-A Pond 5-S ,Pond # 5-A.. .: CLAY POND DEVELOPMENT - CHARLES TRACT WORK ACCOMPLISHED FOR FIRST HALF OF 1991 (JANUARY - JUNE) S.G.R. 1 6-14-91 169 Planned Reclamation for Second Half of 1991 (July -December) Phase I - Weed control (see attached map AOG-049-169A) High flotation equipment will be used to walk down the existing vegetation, allowing young phragmites growth to come back. Once the growth has reached three feet in height, an airplane will be used to apply the rodeo. This should take place by mid August. Phase II - Disk Plowing and Land Preparation (see attached map AOG-049-169) Three areas totaling 92 acres will be developed for 1992 tree planting. This will be accomplished by using a high flotation tractor and disk plow. The dead vegetation from the 1990 rodeo application will be plowed under. Once the area has dried, tandem harrows will be used to level the surface. In September and October, a bedding plow will be used to establish rows of mounds for the 1992 tree planting. Phase III - Tree Planting (no activity) Surface Drainage - (see attached map AOG-049-169A) Once the vegetation on the area where rodeo is to be applied has been walked down, new surface drainage ditches will be established. It is planned to develop the area with ditches on 165 foot centers. LEGEND Q - PHASE I - Apply weed control - PHASE II -- Disk plow and Bed for 1992 tree planting (92 acres) - PHASE III - Tree Planting (no activity) ---Establish New Surface Drainage - Ponded Area Bey- �o�tn :......... Pond # 2 Panel # 3 Pond # 4-B �................ ...... Pond # 4-A Pond # 5-B Fond # 5-6:........ ... .. ........i• CLAY POND DEVELOPMENT - CHARLES TRACT PLANNED RECLAMATION FOR SECOND HALF OF 1991 (JULY - DECEMBER) mum [111TE nRt+tm W. S.G.R. 6-14-91 AGS-049-169A RECLAMATION - MINED AREA Reclamation Development for the First Half of 1991 (January -June) A-1 Area Surface Drainage (see attached map AOG-049-170) Due to a major breakdown on one of the specialized high flotation tractors, the ability to establish surface ditches was curtailed until early June. This caused a reduction in the number of ditches established and hampered the development of the area. However, ditches were established in the northern portion. Agricultural Use Area Development of the planned 100 acre farm area is progressing according to plans. Approximately 65 percent of the area has been plowed and is accessible to standard farm machinery. Seven acres of winter wheat that were planted in the fall of 1990 have developed well and await harvest. Four acres of corn were planted behind the soybean crop, however, the birds destroyed approximately 50 percent. At the recommendations of Mr. Henry Riddick, Beaufort County Agricultural Extension Director, the crop was cut under. Crop plantings on this area will continue at the recommendations of Mr. Riddick. Agricultural Test Area Dr. Steve Broome with NCSU is continuing to run tests on different tree and plant species. This is a continuing research project. Tree Planting (see attached map AOG-049-170) In early February, 1991 a contract tree planter began planting tree seedlings on R-1. These seedlings were hand planted on rows of mounds, with a nitrogen fertilizer tablet by each. In all, 71 acres were planted. The following is a list of tree species and the acreage: Species Acres Green Ash 53.9 Red Maple 5.5 Live Oak 0.4 Sweetgum 2.4 Sycamore 8.8 71.0 Total C P�vEA PAMLICO r -1 IitChaa .a (122 ae.) as Active Bland Area RECLAMATION - PLANTSITE RECLAMATION DEVELOPMENT FOR THE FIRST HALF OF 1991 (JANUARY--JUNE) 7 wn draw u. S.G,R, 6-14-9i AOS-049-170 Two areas totaling 21.3 acres on mined over land (dredge spoil) along Porter Creek were planted with tree seedlings. Of this total, 19.7 acres were planted with Sweetgum and 1..5 acres with Cypress. Two areas of Bucket Wheel spoil totaling 29.4 acres were planted with tree seedlings. Of this total, 25 acres were planted with pine and Sweetgum and 4.4 acres with Green Ash. in all, 121.7 acres of mined over land were planted with tree seedlings. R-2 Area Slope Seeding of R-2^Dike (see attached map AOG-049-170) A dragline was used to place blend on the portion of the dike slope to be seeded. Once the blend had dried, a tractor and disk harrow were used to mix and level the material. This area was seeded in early May, 1991 with a summer cover crop of sudan grass and millet. The lower one third of the slope and the flat area along the dike was seeded with hulled bermuda. Blend Discharge The majority of the blend was deposited in the NPDES Recycle Lake. When on bypass, the blend was discharged in the north portion of R-3. SandlClay Capping Test An attempt was made to blend sand and clay in a 4:1 ratio to test this mixture as a cap for the blend reclamation areas. Approximately 2 acres of R-2 were covered with this sand/clay cap and results are being evaluated. Proposed Reclamation Development for the second Half of 1991 (July - December) Area Surface Drainage (see attached map AOG-049-170A) Interior surface drainage ditches will continue to be developed throughout the western half. Hopefully, this will complete the initial surface drainage plan, however, improvements of the existing drainage system will be an ongoing activity. N." 1 •" ! y 1 PAMLICO E__] 0000 /l LEGEND Existing Surface Drainage Ditches New Surface Drainage Ditches First Stage Development tar Future Tree Planting Area Prepared for 1902 Tree Planting O Area Prepared for Agricultural use Active Blend Area RECLAMATION — PLANTSITE PROPOSED RECLAMATION DEVELOPMENT FOR THE SECOND HALF OF 1991 (JULY—DECEMBER) o�n No. S.G.R. 6-14--91 A09-049-17OA First Stage Developmentfor Future Tree Plantin As the area dries, high flotation tractors will be used to plow under the vegetation, exposing the roots and allowing the upper one foot to dry. Plowing will continue until the soil is of a good workable texture. Plans call for this area to be seeded in the fall with Alfalfa for the purpose of a nitrogen builder in the soil. Agri.cultural_Use Area (see attached map AOG-049-170A) High flotation tractors will be used to plow under the existing vegetation, exposing the root system, and allowing the upper one foot of material to dry. Disking of this area will continue until the soil texture is ready for planting. Alfalfa will be planted on all areas except where soybeans and wheat are planted. The alfalfa will be plowed under in 1992, adding organics to the soil. Preparation for 1992 Tree Planting (see attached map AOG-049- 17 0A) Two areas on mined over land (dredge spoil) along Porter Creek totaling approximately 30 acres have been seeded with a summer cover crop of sudan grass and millet. Final grading and contouring of these areas will continue into the fall at which time rows of mounds will be developed by using a bedding plow. Blend --Discharge (see attached map AOG-049-170A) Discharge will continue in the NPDES Recycle Lake until the base is completed in early fall. Completion of the northeast embankment of R-3 will occur in August, 1991, at which time an Approval to Impound request will be filed. Upon certification, hopefully in September 1991, blend will be discharged into R-3 above grade. INSPEGTEp BY: F DATE: 1 _l Phone No ` "�a Whit® copy to #I& Y'allow copy to operator Pink cagey to Mining Specialist area F _ 4 , Q • e , �9 a� i E 4 t m ..... . .e.: :. . .... ...> a .. .. .....: �� ....: .. .:....... ..... .. .. . . x: ' x'x ...:;..:: .. .: ;......... .. .. ..:.:. .. .. .. ..: .... ':' c x c.....: ..:. ... .:. .. ...... :aa.�: �:s: .. .. .. x ....:....... .. . �.:.: ... ... . :...... ...... .:. .. .:..:.. ...: .... ... .: ....... .. ^ .. .:..:... :......:. .. .. ��::.... .. a .. .. .. ....... :d�:: e. . x. ..... . . .... e .:: :. j ,,.. ..-. >: :... 3.. ^ .......: t. . ...: ::.... .. ... ..: .. .... .: .... . . <.':: .. Y:y cxq. E. ......... ...... .. :. :...z. ;... .... .. . .. ... .: ...... "'� :.x.. .. ^ ... .... s..�' ...::., . :..t . ...:::... r: =':z... ... .... ::...: .. a .. .. .. ... .. ... , .. .... :'.: '..:..'..:: .:. .. ... .. ..... s:::.. .. Z'..: .. .... Y. .::... .. . . r. ^ North Carolina Department of Environment, Heaifh, and Natural Resources, Division of land Resources, Land Quality Section a - MINE INSPECTION REPORT 1,$ ,I , �TY SECIIUN (PERMITTED MINE) 1. MINE NAME W 2. MINING PERMIT* 3. OPERATOR 4. COUNTYs,-, 5.ADDRESS 12,19 4 6. Person (s) con acted at site 7. Was mine operating at time of inspection Yes F1 No 8. Pictures es No 9. Date last inspected: f7L/L/__qD 10. Any mining since last inspection ? [r des ❑ No 11. Is the mine in compliance with the Operating Conditions of the Permit ? Yes MAO It no, explain: n ,� .t - 12. Is the mine in compliance with the Reclamation Conciftiorib of the Permit ? [✓Yes o If no, explain: 13. Did any of the above deficiencies result In offsite damage ? Ci?ves No If yes, describe the type and severity of the damage: 14. Corrective measures needed and / or takenfoN - ;,V �e 15. Other recommendations and comments: 16. Is the Annual Reclamation Report + / - map accurate ? es ❑ No (Explain) Not Reviewed 17. Follow-up Inspection needed ? [2'�es [7 No Proposed date 11 18. No. of additional pages of Inspection Report_. 19. Copy of Report sent to operator-16J 2 /IL. :, ` (date) INSPECTED BY :�. „ .... _DATE: I � l 141�71..._. Phone No: White copy to file Yellow raspy to operator Pink copy to Mining Specialist wag North Carolina Department of Environment, Health, and Natural Resous, L 1 V ED Division of Land Resources, Land Quality Section MINE INSPECTION REPORT JUN 22 1990 (PERMITTED MINE) LAND 011A(ITY SfeTjL,€d 1. MINE NAME q 2. MINING PERMIT # _ /7-- f 3. OPERATOR 4. COUNTY 5. ADDRESS ralqc 6. Person (s) coAtactecFai sife 7. Was mine operating at time off lnsp cti n , FLes o ur es No C 9. Date last inspected: /1 10. Any mining since last inspection ? es �] No 11. Is the mine in compliance with the Operating Conditions of the Permit ? [es ❑ No If no, explain: K f 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? es ❑ Na If no, explain: I 13. Did any of the above deficiencies result in offsite damage ? Ulles ❑ No If yes, describe the type and severity of the damage: 14. Corrective measures needed and / or taken: I 15. Other recommendations and comments: t) r 16. fs the Annua eclamat n Re n + / - map accurate es ❑ No ( ain) ❑ No evievved 17. Follow-up inspection needed ? [VYes ❑ No Proposed date :C/ 2 ) 18. No. of additional pages of Inspection Report t � 19. Copy of Report sent to operator 6 1�. (date) INSPECTED BY: / DATE:`/ r��_/ Phone f : ) White copy to file Yellow copy to operator Pink copy to Mining Specialist wag ..�...,, w .�� .w .. .�„� �. North Carolina Department of Environment, Health, and Natural Resourtes; Division of Land Resources, Land Quality Section MINE INSPECTION REPORT Lk4n MIAI"iTY SEA IG' (PERMITTED MINE) 1. MINE NAME� 2. MINING PERMIT # L 3. OPERATOR 4. COUNTY � 5.ADDRESS r 1 6. Person (s) contacted at site "ur sS -- r0 r w r»i -T � 7. Was mine operating at time f ' ction ? Yes ❑ No 8. Pictures ? t[�yes No 9. Date last inspected: ! , _/� 1 g. Any mining since last inspection ? [Yes ] No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ❑V 'es ❑ No If no, explain: Ci t y�.� 6teA&C , 'Al-4! JO�AO 12. Is the mine in compliance with the Fteclamfitfon Condit ons of the Per it ? es ❑ No imj-- " It no, explain: 13. Did any of the above deficiencies result in offsite damage ? Yes No If yes, describe the type and severit of the damage: � � i S a r w � ❑ ❑ k-- _Z& A..t.=-_ 1.4. Corrective measures oeedgd and / or taken: v v �1 lv.s-e. "s4z.lW s �- 0pi W f � vLs 15.Other r commendations and ca meats: +" 16. Is the Annual Reclamation Report + / - map accurate ?erlyes ❑ No (Explain) ❑ Not Reviewed 17. Follow-up inspection needed ? E'Yes ❑ No Proposed 18, No. of additional pages of Inspection Report ' 19. Copy of Report sent to operator 1.2-2 190. INSPECTED BY: �� {date Phone No: �1 � DATE: I � � l White copy to file Yellow copy to operator fink copy to Mining Specialist 8189 i � , 3 i � , North Carolina General Statutes and the Mining Regulations require that "The mine operator shall, by February I of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." Name of Mine Lee Creek County Beaufort Mining Permit Number 7-1 Name of Company/Owner Texasgul.f, Ine. - Phosphate Operations __-- Official Mailing Address P. 0. sox 48, Aurora, N. C. Zip Code 27806 Telephone ( } Check if change of address or telephone 1. (a} If mine is now inactive, when did mining stop? Date N/A (b) Is this stoppage permanent? Yes No. 2. List by category the total amount of new land affected by mining activities in the 1989 calender year and locate each area on your updated mine map. (A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION: 140 acres. (8) WASTE PILES: acres. (:E) PLANT AREA: 0 acres. y_ (C) STOCKPILES: �acres. Check here If no new acreage affected in 1989. 3. Estimate by category the amount of new acreage to be affected by mining activities in the 1990 calender year and locate the outline of each area on your updated mine map. (A) TAILINGS PONDS: 0 acres. (D) MINE EXCAVATION: 270 acres. (S) WASTE PILES: 0 acres. (E`) PLANT AREA: o acres. (C) STOCKPILES: 0 acres. Check here if no new acreage is to be affected in 1990. 4. List by category the total amount of disturbed and unreclaimed land present at this site a t the end of the 1989 calender year. (A) TAILINGS PONDS: 0 acres. (D MINE EXCAVATION: 1650 acres. (8) WASTE PILES: o acres. {Cl PLANT AREA: 865 acres. ('C) STOCKPILES: 0 acres. C N' N D ON REVERSE :SIDE) NOTE: WASTEPILES should include overburden storage/disposal areas and berms. r 5. List by category the amount of land that has been completely reclaimed in 1989 and i's not subject to continued use in future mining related' actives. Briefly describe the reclamation work conducted and indicate if you,wish to have any of these areas released from your current bonding requirements. Accurately locate the outline of all such areas on your updated mine map. (A) TAILING PONDS: 0 acres. Explain: ReleaseRequested: es No (5) WASTE PILES: 0 acres. Explain: Release Requested: es o (C) STOCKPILES: 0 acres. Explain: Release 'equeste . Yes o (c) MINE EXCAVATION{: 0 acres. Explain: Release Requested: Yes No (E) PLANT AREA 0 acres. Explain: Release Requested: Yes Check here if no reclamation completed.in 1989. SEE ATTACREi7 ANNUAL RECLL"T.10N' �Ptt T STATISTICS Person responsible for reclamation (please print): SM, Signature of company officer or owner: ---� Title: V ce ,,; id int, Qduction Bate: 1/30/90 *Complete and return by February I two copies of this form along with :two copies of an updated mine map for each petted mining operation to: Land Quality Section D-EHNR F.O. Box 27687 Raleigh, K.C. 27611.7.687 FAILURE TO'FILE THIS FORM BY THE BATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF CIVIL PENALTIES AND COULD EVEN RESULT IN THE REVOCATION OF YOUR MINING PERMIT. SHOULD YOU HAVE ANY QUESTIONS, PLEASE ADVISE AT (919) 733-4574. OTexasgulf inc. ell aquttalne group P.O. Box 48 Aurora, North Carolina 27806 January 30, 1990 Mr. Charles Gardner Chief, Land Quality Section North Carolina Department of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: VED FEB � � 1990 LA No of/411` W.A- Schimming S �! ION Manager Environmental Affairs (919) 322-4111 Enclosed are the 1989 Annual Reclamation Reports of Mining Permits No. 7-1, 7-5, and 7-13 which cover Texasgulf Inc.'s Lee Creek Phosphate Mine. Two copies of each report are enclosed, along with two copies of a statistical addendum for each permit. Also you will find two copies of an overview map showing the areas each permit covers, and two copies of the updated mine map. Please advise Jeff Furness or myself should you have questions concerning this information. Sincerely, W. A. Schimmin WAS:JCF/re Enclosures MINE PERMIT 7-1 ANNUAL RECLAMATION REPORT STATISTICS Permitted Areas Mine excavation Plantsite Charles Tract (clay storage area) Affected Acres Mine excavation Plantsite 865 acres (processing plants, office buildings,ete.) 115 acres (gypsum storage) Charles Tract Reclaimed Areas Mine Plantsite Charles Tract (dikes only) Waste Pile Storage 5198 acres 980 acres 2342 acres 8520 acres 3805 acres 980 acres 2280 acres 7065 acres 880 acres 2 0 acres 165 acres 1045 acres - Blend storage R-2 425 acres 3 - Gypsum pile #1 40 acres - Gypsum pile #2 75 acres - Gypsum pile #3, #4,& #5 250 acres - Gypsum pile #6 125 acres - BWE Spoil 35 acres - Dredge fill, sand tailings fill/dikes 440 acres - Charles Tract 2115 acres 3505 acres Mine Excavation Not Reclaimed - Land affected and not backfilled but to be backfilled in R-3 675 acres - Land affected and not backfilled 835 acres - Land affected in 1989 140 acres 1650 acres Note: No acres have been released by the department. 1 Includes 1989 estimate of 3610 acres, 140 acres (1989 new acreage affected), and 45 acres (one time correction for transition to AutoCAD digitizing of acres). 2 Land which backfilling is complete and final reclamation is completed or in progress 3 Located on plantsite S, MINE 1 LLAY TAMWIS Pa�m MiNt PEW-V 7-5 �1 �n'17MTVAR .......... — — — — — ............ ......................... ........... ...... I ............ ........... ....... . ................. ............... ..................... ................ ...... ......... ........ .............. ...... .. .I.— ............ ............. —, ............... ................. .......... .......... ............... ....................... .............................. ............. .......... — .............. -'.'JMINE PERMIT 7-1 ..... ....................... ............... ................ ............ ..................... .............. - - - - - - - .......................... ...... .............................. ...... - - - - - - - - . . . . . . . . . . . . . . . . . . . ............... . . . . . . . . . . . . . . . .......... I ............... ........... ................. ........... .................. .......... ............ : ....... - . ...- �-51- - �LMWE FRMIT 7- ................ ........... ....... ...................... .................. — ...... .............. fC-AY TAILOM PIGS .....................— — — — — -- W PERMIT 7-1 ................... ............... .......... ....... .................. ....... ............. ....... ............... ..................... ................ R� 1942 ............. ....... ............... . . . . . . . . . . . . . , , * * .......... ............... ............. ............... ................ ................ .... 11 ........... - ......................... ......................... . ............. ............. , .............. - I. ............... - >: AURDRA MINE PERMIT NO. 7-1, 7-5, ............ ... .. ...... . . . ........ ................. . . ........ ... . . ... ....... . . . . . .............. .. ..... ... .. ........... .. ... . ..... . . .......................... . ............ ....... ........................................... . .......... ......... ...... .................................... ................................. . .. . . . . .. ... . ..... . ..... ............... ... ... ......... . ....... .. , rl t. jj NEI State of North Carolina Department of Environment, Health, and Natural Resources Division of land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad William W. Cobey, Jr., Secretary November 29, 1989 Director Mr. W. A. Schimming, Manager Environmental Affairs Texasgulf, Incorporated P. 0. Box 4$ Aurora, NC 278066' Dear Mr. Schimming: This is in response to your letter of November 16, 1989 requesting that the R J blend containment dikes be declassified as dams and exempted from the North Ca l.olina Dam Safety Law of 1967. t1 Th s office is in a,-p-ee!`=nt that the R-1 di!,es could be declassified, subject to receiving documentation and drawings concerning the surface water drainage facilities as discussed and qualified in Mr. Tice's letter of October 24, 1989. However, we are concerned that placement of sand tailings removed from the top of the R-1 dikes be consistent with the best reasonable reclamation of R-1 to meet the intent and requirements of the North Carolina Mining Act of 1971 and your mining permit. Therefore, before any action is taken to have the R-1 dikes declassified, it is requested that you file a more detailed reclamation plan for the R-1 blend area. The current reclamation plan for R-1 calls for "a variety of trees and grasses". Recognizing the need for research and field testing to determine appropriate reclamation methods and plant species, we have not required a more specific or detailed reclamation plan to date. However, if Texasgulf wishes to place tailings sand on top of the gypsum -clay blend in R-1 it must be done in a manner that will not preclude developing the best feasible reclamation of R-1. We are concerned that the relatively sterile tailings will not provide a good medium for plant growth and that a perched zone of saturation could develop at the blend -tailings interface during wet seasons that may also not be conducive to plant growth. There may also be other ramifications of redistributing, the tailings that need to be addressed. As you know, this office encourages Texasgulf to reclaim the gypsum -clay areas, along with the Charles Tr -act clay ponds, as soon as possible and to the highest productive use that is feasible. We commend the research and field testing you are conducting, and believe it should be accelerated. We hope that more specific reclamation plans and schedules for these waste areas can be developed soon. P.O. Box 27697, Raleigh, North Carolina 27611.7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer Mr. W. A. Schimming November 29, 1989 Page 2 In summary, if Texasgulf would like to have the R-1 dikes declassified with respect to the Dam Safety Law, please submit detailed drainage plans for our review. On approval, you may proceed with construction of the drainage facilities and submit "as built" drawings which will serve as our basis for issuing a release from the Dam Safety Law. If, however, you desire to redistribute the tailings sand from the top of the dikes, you must submit a reclamation plan for our review and approval under the provisions of the Mining Act. Please call if you have any questions. Very truly yours, "Stephen G. Conrad SGC/CHG/se cc; Mr. Charles H. Gardner, P.G., P.E. Mr. James D. Simons, P.G., P.E. Mr. Ca rol I, P.C. Mr. Floyd R. Williams, F.G. CZR91NCORPORATED 3112 ST. JOHNS BLUFF ROAD, SOUTH Environmental Consulting JACKSONVILLE, FLORIDA 32216 (904) 642-8507 February 2, 1988 �.y f?EGEI VE✓✓✓/ Mr. Tom Carroll F,E" 03 1988 Mining Specialist "Pfl) f)YA1 Land Quality Section n'SECTIQN North Carolina Department of Natural Resources and Community Development P.O. Box 27687 Raleigh, NC 27611-7687 RE: 20,000 Acre Parcel for Texasgulf Chemical Company Dear Mr. Carroll: Please find enclosed two (2) copies of a blue line aerial indicating the approximate location of U.S. Army Corps of Engineers (ACOE) jurisdictional wetlands on the above referenced project. These aerials are being forwarded to you as per the request of Jim Hudgens, CZR, Incorporated. Should you require additional information or assistance, please call me at (904) 642-8507. /jl Enclosure cc: CP 745 William Schimming Jim Hudgens Sincerely, CZR, INCORPORATED �lInee Ha t 0 CZ� co*_� PRELIMINARY WETLAND DETERMINATION AS PER CZR, INC� BASED IN PART, UPON AERIAL PHOTO -INTERPRETATION, NOT VERIFIED BY REGULATORY AGENCIES, FOR PLANNING PURPOSES INA / LEGEND 0 0 500, T'' MIC A TEXA%O%GULF CHE ALS P#NY APPROXIMATE LIMITS OF U.S. ARMY CORPCZRRINCORPORATED 3112 ST. JOHNS BLUFF ROAD, SOUTH JACKSONVILLE, FLORIDA 32216 ii Environm*ntal Consultants 904/642-8507 JURISDICTIONAL WETLANDS JANUARY 1988 CP -745 DEPARTMENT OF NATURAL RESOURCSES S COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUALITY SECTION TELEPHONE LOG 1. Project: r�i�43 2. Conversation with: tlG 3. Content of conversation: nn Sheet Date 7i Z7r County Call received Call placed (t4- Filled by:+ DEPARTMENT OF NATURAL RESOURCSES & COMAiUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUALITY SECTION TELEPHONE LOG i. Project: 2. Conversation with: 3. Content of conversation: Sheet Date County / Call received L/ Call placed °�- r Filled by: z2li DEPARTMENT OF NATURAL RESOURCSES 6 COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUALITY SECTION TELEPHONE LOG 1. Project: -1-OX4L-� 2. Conversation with: 3. Content of conversation: 0 3�-,-R ( 100 �� !� i7'Y� Lam-• C'.�� , 0 U Sheet Date County Call received Call placed 7�/3- �15z A�Wvg � �� Filled by: 2 21L�e State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary January 6, 1988 Director Mr. Charles W. Hollis Chief, Regulatory Branch Department of the Army Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402-1890 RE: Texasgulf Chemical Company Dear Mr. Hollis: Earlier this year Texasgulf Chemical Company (TCC) submitted a request to this Department to make certain amendments to Mining Permit 7-1 as outlined in the attached letter from Mr. W. A. Schimming. A recent inspection of the 550 acre tract of land by personnel in our Washington Field Office found the area to be basically flat with the existing land use consisting of agriculture and forestry. The southeast corner of the tract adjacent to the intersection of SR 1942 and NC 306 was thought to contain a small area that may be classified as jurisdictional wetlands. Please review the attached materials and provide any comments you or your staff may have by January 22, 1988. Should the mining permit be amended as requested, it would be conditioned upon compliance with Corps regulations. Should you have any questions please advise at (919) 733-4574. Sincerely, JL & Thomas E. Carroll, P.G. Mining Specialist LAND QUALITY SECTION TEC/cj t Attachments cc: Mr. Floyd Williams, P.G. P.O Box 27687, Rakish, Nonh Carolina 27611-7687 Tek Nww 919-733-3833 An EguA OppDrtrnity AHirnu w Action Ernpbyer REMUS #Texasgulf Chemicals Co. A Division of Texasgulf Inc. 4 P,O. Box 48 Aurora, Norlh Carolina 27806 �NL PhoepAete Operetkm* (919) 322-4111 September 10, 1987 Mr. Stephen G. Conrad Director Division of -Land Resources Department of Natural Resources & Community Development P. 0. Box 27687 Raleigh, N.C. 27611 SUBJECT: Texasgulf Chemicals Company; Amendment to Mine Permit 7-1 Dear Mr. Conrad: It was a pleasure to meet you and members of your staff in Raleigh on August 18 and again at Lee Creek on August 20. As stated in Mr. Pete Moffett's presentation on those dates, an amendment to Texasgulf Chemicals Company's mine plan is necessary to properly incorporate the NCPC property into our mining program. Mr. Moffett's letter of August 25 to me, a copy of which is attached, presents full details on this proposed amendment. Approval by the Division of Lana Resources is requested to amend Mine Permit 7-1 to incorporate the following: 1. Permit an additional 550.acres ± to make the Texasgulf and NCPC permit areas continguous as shown in Attachment 1 to Mr. Moffett's letter. 2. A change in mine advance direction (also shown on Attachment 1) and a change in prestrip method (HYPE in lieu of dredge). The implementation of the first BWE is projected for mid-1988. Please advise if you need additional information to assist you in evaluating this request -for amendment. Thank you for your assistance in this matter. Since rey W Anchi nvirManager, Etal Affairs WAS/re Attachments cc: T. J. Regan, Jr, S.C. Mollison/D.J. Millman J. M. Hird 12-04-001-13 P. J. Moffett 00-12-000 o 9 Ulf memo "9y tioG A&&2 6 T95,1987 <,ff �98� dr ENV1RO"*E1'i1}�, AFFAJRSt�p~T Schimming Location Environmental Control eC10 4, From P. J. Moffe'ft Location Long Range Mine Planning Subiect Amendment to Mine Permit 7-1 Through the merger with North Carolina Phosphate Corporation (NCPC) in 1985, Texasgulf. Inc. acquired a large phosphate ore reserve area to the east which is contiguous to our existing operation. NCPC had already acquired Mine Permit 7-5 which encompassed a good portion of this area; the permit Was transferred to Texasgulf in 1986. However, there exists a gap between the two permitted areas (7-1 and 7-5).° A review.of our pre -merger mining plan versus options made available via the merger has disclosed that a change -in our existing mining plan (direction) is necessary. In addition, our plans now include implementation of the NCPC BWE system as the prestrip method; the dredges are planned to be phased out over the next few years. Therefore, two amendments to Mine Permit 7-1 are requested. 1) Permit an additional 550 acres,± to make the two permit areas contiguous. This area is shown as shaded on Attachment 1. Although the mine plan depicted on this map indicates that less than half of the area will be affected by mining, SR 1942 and SR 1946 serve as good permit boundaries. 2) Document that Texasgulf Inc.'s mining plan direction'has changed as shown by annual mine .advance projections on Attachment I and that a change in prestrip methods (BWE in lieu of dredge) is planned. Implementation of the first BWE system is projected for mid-1988. In addition, Hwy. 306 will be intersected by the new mining plan. For this reason, an initial (Phase 1) relocation of a portion of Hwy. 306 is shown on Attachment 2. The engineering of and field surveying required for this relocation is already in progress. Permit requirements are being coordinated with the N.C. Department of Transportation by Texasgulf's Engineering Department. P. J. Moffett PJM:sc Attachments cc: Mr. J. M. Hird Mr. D. J. Millman Mr. S. C. Mollison. f { V �� �� � � �' P4ML ICo RIVER Ad PLANT SITE i 1 i z306 RE-ROUTE Y 1990 HWY 306 RELOCATION AURORA PHASE 1 33 - Aftac"t 2 DIVI.SICN OF LAND PESOURCES LAND QUUJTY SECTION December 3, 1986 TO: Stephen B. Benton Consi.sbmW Coordinator Division of Coastal Management FROM: A* Smithwidc N5 Assistant. regional Engineer Land Quality Section Washington regional Office SUBJECT: US A=y Corps of Engineers Public Notice No. 87-0012 Tex sgulf Chemical Co. - Porter Credo Beaufort County 1. Since more than one contiguous acre will be affected by the activities associated with this project, an erosion/sedimentation oontrol plan must be filed for approval with the N.C. Dept. of Natural Pesouroes and Corrr munity Development, Division of Land resources, Land Quality Section, P.O. Box 1507, Washington, X 27889. 2. Sedi n-ent control devices, structures, or measures must be utilized throughout project duration. 3. An adequate buffer zone (mechanical and/or natural) must be inplemented to prevent sedimentation into adjacent wetlands, creeks, or other properties. MEMO. .a �r�,0u911�� �N �V-v " �}Qro 9ocq Tq, �ee�'dD �� 0 DATE: l 0 SUBJECT: e S."�w " North Carolina Department of Natural Resources &Community Development us RFrEIVED►- 4/61Z DEPARTMENT OF THE ARMY NOV 7 W6 Wilmington District, Corps of Engineers Post Office Box 1890 R-ANL' QUALll y JtCT1QN Wilmington, North Carolina 28402-1890 SAWC087-N-007-0012 November 6, 1986 PUBLIC NOTICE TEXASGULF CHEMICALS COMPANY, Post Office Box 48, Aurora, North Caror#na 27806, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WOODED WETLANDS OFF PORTER CREEK TO EFFECT CONSTRUCTION OF AN EARTHEN DIKE AT THE PLANT SITE NEAR AURORA, Beaufort County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit.by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of an approximately 158-foot wide (bottom width) earthen dike along the perimeter of the proposed mining block. The proposed dike will cross an approximately 150-foot wide wetland drain off Porter Creek, resulting in a total loss of 2.48 acres of wooded wetlands (mined and filled). These wetlands are vegetated primarily by ironwood, lizard's tail, red maple, ash, elm, sedges, and sweetgum. The proposed alignment represents a reduction by half of the wetland area which would be impacted by the "maximum recovery alignment." The applicant does not favor a "wetland exclusion alignment", as such work would result in mining of all high ground adjacent to the wetland drain, thereby significantly altering the drainage patterns in the area and possibly the characteristics of the bordered wetlands. To mitigate wetland losses, the applicant proposes to leave a 12.92 acre area of wooded high ground, in its natural state, between the mining block and Porter Creek -to provide a buffer to minimize impacts to Porter rIt> Creek. The purpose of the proposed work is to provide facilities for expansion of mining area. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation.of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are, therefore, determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the office of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after December 16, 1986. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 10, 1986, Attention: Mr. William Mills. . Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Ken Jolly, until 4:15 p.m., December 8, 1986, or telephone (919) 343-4632. Paul W. Woodbury Colonel, Corps of Engineers District Engineer apaatllco R vl er 1985 Plant Site 1982 1983 / �O / 1988 1988 � 1987 � �a 1991 1990 1989 ego �v*•� 1991 i i0Qe. "o, 1 OAn 2 - 8 2 PMOSPOIATs O•RMATions • ua e••Ru¢ MINK • AU000A • MOATH OAROLIMA • 10 Year Permit A r e a SCAU r 000 Texasgulf SR Mine advance D�ti►wM Twsqulf M.. ATTACHMENT 1 Y W Block 13 1 - 5.53 acres J� (Wetlands) Maximum Recovery Alignment ATTACHMENT 2 IIt = 50O' X W W V O a 5.95 Acres • Block 13 , 1` Icres 5.46 Acres t ` 11.41 Acres Total Wetland Exclusion Alignment ATTACHMENT 3 1 ,' = S001 Block 13 A cres ' (Wetlands) Proposed Alignment ATTACHMENT 4 PORTER CREEK MINING PERMIT . ' ^ ^=^ ros-' ~ + on ( ` Line- -)Dike \` \ 4j |�4 PORTER CREEK MINING PERMIT Permit Line op 15' Silt Curtain +15 MSL* Clay Fill i v y DIKE CONSTRUCTION CROSS—SECTION 3 3't 2 0' Varies 35 Canal 50 Road 20 15± �15+J �,�•��'ro •�� '�� "iy !�l11 �� Iwfi�'�`1�;♦fsj•a... *;����•�•+••�1���fr r• 1 .• I .. p 0• M r. • • ♦ TYPICAL MINING CORRIDOR. Crest of 20. 10 'MSL SFr 1% D r Yfpz DEPARTMENT OF THE ARMY NOV. 7 W6 Wilmington District, Corps of Engineers Post Office Box 1890 L4NL' QUALM t Wilmington, North Carolina 28402-1890 5EC1JON SAWCO87-N-007-0012 November 6, 1986 PUBLIC NOTICE TEXASGULF CHEMICALS COMPANY, Post Office Box 48, Aurora, North Carona 27806, has applied for a Department of the Army permit TO PLACE FILL MATERIAL IN WOODED WETLANDS OFF PORTER CREEK TO EFFECT CONSTRUCTION OF AN EARTHEN DIKE AT THE PLANT SITE NEAR AURORA, Beaufort County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show the proposed construction of an approximately 158-foot wide (bottom width) earthen dike along the perimeter of the proposed mining block. The proposed dike will cross an approximately 150-foot wide wetland drain off ,Porter Creek, resulting in a total loss of 2.48 acres of wooded wetlands (mined and filled). These wetlands are vegetated primarily by ironwood, lizard's tail, red maple, ash, elm, sedges, and sweetgum. The proposed alignment represents a reduction by half of the wetland area which would be impacted by the "maximum recovery alignment." The applicant does not favor a "wetland exclusion alignment", as such work would result in mining of all high ground adjacent to the wetland drain, thereby significantly altering the drainage patterns in the area and possibly the characteristics of the bordered wetlands. To mitigate wetland losses, the applicant proposes to leave a 12.92 acre area of wooded high ground, in its natural state, between the mining block and Porter Creek -to provide a buffer to minimize impacts to Porter r�Creek. The purpose of the proposed work is to provide facilities for expansion of mining area. Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management for their review and concurrence. This proposal shall be reviewed for the applicability of other, actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Environmental Management. b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management. J: c. The issuance of a permit under the North Carolina Coastal Area Management Act (LAMA) by the North Carolina Division of Coastal Management or their.delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army permit will be denied if any required State or local authorization and/or certification is denied. No Department -of the Army permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. ' This,application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which 4% i it will be allowed to occur, are, therefore, determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be.denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the -decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serve as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the office of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after December 16, 1986. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before December 10, 1986, Attention: Mr. William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Ken Jolly, until 4:15 p.m., December 8, 1986, or telephone (919) 343-4632. Paul W. Woodbury Colonel, Corps of Engineers District Engineer aft co R v! er �r AJ► Jti ter► M w ,rvr rr.�..ti�► � a_ �+ 1984 1985 Plant i982 1983 / Site O� 1988 1986 198T 1 �0a xx 1990 19891 00� 1991 �•� ••n�; : ;; 1991 10, i0\1 .4t� "n 2 I� 1 •• 8 2 • PNOiIMATG OIGRATIONG • LGG CRGGG RING • AURORA • NORYN CAIIOUNA • 10 Year ear Permit Area r 000� Texasgulf Mine Advance . . SR Texas9ul! i,�.. ATTACHMENT 1 k W W V w O 4 , Block 13 y tl 5.53 Acres (Wetlands) .,or Maximum Recovery Alignment ATTACHMENT 2 1If=Soo' E X W U W O a 5.95 A cres Block 13 , cres , 5.46 Acres i 11.41 Acres Total Wetland Exclusion Alignment ATTACHMENT 3 I 1,= �500/ k W W cc U Q O Q. ATTACHMENT 4 i .�2.48 Block 13 Acres ` (Wetlands) Proposed Alignment PORTER CREEK MINING PERMIT �'��. / / I I . ` � Ej I,� �•O.f �"`.�".,; Jam: ..�; •., - � '� � � J ... • . ' , l -S- CU / � ,_�,.'....___-:-=�l�a""--- •_�-lY- .��::-�--- --,ram • � GYM"_ , �,:•:a�.-�7a���/ �—�.r.i+.i+� ry J Permi —� Cr s -Secs an�'' Line " •• i. \ Dike00 '•''� - � P. PORTER CREEK MINING PERMIT Permit Line 15' Silt Curtain Clay Fill r • . ! # • 40 r y 1 `� �'Key • r. .� �, _.... DIKE CONSTRUCTION CROSS—SECTION 33 2 0' Vales 3 51 Canal 50' 200 Road +15 MSLt Crest of M 1 n ©•, ---�► AJAI I d �iiwXSO � �O�•�♦+�,!� a ♦�! *+ 4 r •-J� ��• �++tea •i~i ♦� ���0 v• r 1 • • ti ss a.� ; ♦ ra M i i 4 K♦�yY `Y♦ `M �f�♦1* �. fit f +11 ♦ ♦♦ ♦i� .i♦ ♦� ♦ ♦ ter♦ • { 0 + 40 +�{. �♦•irk ` !� . * I bra , 1 yf� !♦01�*tw*i1r1•!!!1t.:y�0if�•w•V ♦ w 0 4w M i.= .♦.t. 7 58 ± ,1 J. � '`'..TYPICAL MINING CORRIDOR. 2 Q' io MSL