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HomeMy WebLinkAbout07-01_21_RedactedMEMO /-4�� DATE: TO: SUBJECT:Tc�' �f �rv-� rim C,.- r, From: r 51ATp c, ! =ofnvironment, North Carolina De artme Health and Natural Resources � �14q� �pn printed on RecycledpaperP1� l� VP� -- • d �,+ STATZ o •� GlNM1�+ State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor March 10, 1993 Jonathan & Howes, Secretary Mr. W.A. Schimming, Manager Environmental Affairs Texasgulf, , Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Addendum to mining.Permit No. 7-01 Lee Creek Mine Beaufort County Dear Mr. Schimming: This office has reviewed your letter of February 5, 1993 to Mr. Tracy Davis concerning your questions, concerns and recommended changes to the recently issued renewed and modified mining permit for this site. This letter is to address your concerns in the order that they were outlined in your letter: a 1) The disturbance limit in the cover letter attached to the permit is a standard procedure this office follows to advise the regional office staff and permittee of the amount of land that can be disturbed at any one time. In the case of your particular operation, this limit is not appropriate and, therefore, is hereby eliminated. The primary information in the cover letter is that your company has 9,520 acres under Mining Permit No. 7-01. 2)' The July 14, 1988 reference in this mining permit is hereby eliminated to avoid confusion. 3) All references made to previous permit modifications outlined on pages 3 and 4 of the mining permit are for historical documentation only. Whether or not these activities have been completed, they are not part of the operating or Reclamation Conditions of the mining permit. 4) The term "visibly marked" was used to require your company to mark the boundaries of any wetland areas within the mining permit boundary in such a way that both your company personnel and our regional office staff P.O Box 27687, Raleigh, [North Carolina 27611-7687 Telephone 919-733-4984 Fax 1 919-733-0513 An Equal Opportunity Affirmative Action Employer ■ S4 r Mr. Schimming March 10, 1993 Page 2 could easily determine the location of such a boundary. This office did not want to restrict your company as to the specific method to provide such marking. Some suggestions are stakes with red or white painted tips, flagging and painted marks on trees. 5) This office concurs with your proposed changes to the wording for Operating Condition No. 4.D.1. The entire Operating Condition No.' 4.D.1. shall read as follows: "that the predisturbance flow levels of Whitehurst Creek be maintained by pumping groundwater into the uppermost portion of the creek at a rate to attempt to match the pre -mined, undisturbed hydrology of the creek. This requirement should maintain the aquatic life in the creek and maintain the natural salinity levels at the mouth of Whitehurst Creek at South Creek. In order to assure flow into the mitigation channel during low runoff flow, a water source shall be constructed adjacent to the sediment pond and shall discharge directly into the sediment pond near the upstream end. The water source shall be controlled by a float switch located within the sediment pond and set to maintain the water level so that any runoff flow into the sediment pond will create an immediate discharge into the mitigation channel." 6) This office hereby agrees that Operating Condition No. 4.D.4. should be modified as a large portion of the condition has already been completed and no longer applies. Therefore, Operating Condition No. 4.D.4. shall read as follows: "that the construction of the mine utility corridor around the 700 acre expansion area shall be in accordance with the above approved plans and corresponding permits. Furthermore, adequate erosion and sedimentation control measures shall be installed and maintained downstream of any land disturbing activity related to the construction of the mine utility corridor, most specifically in those areas where water may flow directly into the headwaters of Whitehurst Creek." µ Mr. �Schimming March 10, 1993 Page 3 7) This office hereby changes the wording of Operating Condition No. 6.B. to the following as per your request: "Up to the first fifty (50) feet of overburden shall be removed by a bucket wheel excavator system and conveyed to previously mined areas for reclamation. The remaining overburden shall be removed by draglines and cast into previously mined areas in windrows." 8 ) This office concurs with the proposed change to Operating Condition No. 6.C. The new condition shall read as follows: "Oversized phosphate pebbles and gangue materials (rejects) in the ore matrix shall either be stockpiled in the vicinity of the mill area or returned to a previously mined area. This material may be utilized for internal road construction and maintenance. It may also be made available to the general public as well as state and local governments." 9) This office concurs that the current wording of Operating Condition No. 6.E. may prohibit the approved clay capping of the R-2 blend area as well as the possibility of pumping clay only into the ponds while the blend process is inoperable. Therefore, in light of the above, Operating Condition No. 6.E. shall read as follows: "The clay material from the ore matrix shall be pumped to the previously mined areas 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. Records documenting the amount of time of clay vs. clay/gypsum blend discharges into mined areas shall be maintained at the mine office and be available for review by Department personnel upon request." 10) This office has contacted Mr. Roger Thorpe with the Division of Environmental Management regarding your proposed change to Operating Condition No. 6.F. to allow solids from cleaning the cooling ponds or associated ditches to be pumped to the gypsum stockpile area. As Mr. Thorpe foresees no problem with this activity, operating Condition No. 6.F. shall be rewritten as follows: Mr. Schimming March 10, 1993 Page 4 "The gypsum byproduct used in the clay/gypsum blend shall be stockpiled next to the processing plant in no more than a three stockpile rotation. Solids from cleaning the cooling ponds or associated ditches may be pumped to either the Number 1 or Number 2 gypsum stack." 11) This office concurs with your addition to Operating Condition No. 8 and said condition shall now read as follows: "A physical barrier shall be maintained at all times around the perimeter of any highwall to prevent inadvertent public access. Examples of such barriers could include vegetated earthen berms, canals or gates." 12) The two year time frame stated in the recently issued permit for final reclamation is taken from G.S. 74-56 of the Mining Act (Act). However, as stated by the Act, such time frame for final reclamation can be "...longer if authorized by the Department, ..." In light of the fact that this office has approved your site specific reclamation schedule, this office hereby modifies Minimum Standard No. 6 to read as follows: "Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining except for the, surfsces of glay and gypsum wastes,_ for which gecl=ation g all follow the schedule specified by this permit." 13) This office concurs that Reclamation Condition No. 2.A. shall read as follows: "Reclamation of mined land and settling ponds shall be accomplished in two phases: 1) physical restoration and 2) revegetation. Physical restoration shall be accomplished by 1) backfilling with bucket wheel excavator (overburden) material and dragline cast material, 2) backfilling with sand tailings from the Mr .u�Schimming March 10, 1993 Page 5 flotation section of the mill, 3) backfilling with clay/gypsum blend, and 4) may include capping the top surface with a clay cap to enhance the establishment of vegetation." 14) This office concurs that Reclamation Condition No. 2.C. shall read as follows: "Rehabilitation of the clay settling ponds at or associated with Texasgulf, Inc.'s mining operation shall include the desiccation of water from the surface of the ponds by the installation of drainage ditch systems. Such drainage systems, in addition to establishing vegetation including tree plantings, should aid in the consolidation of the clays in the ponds. Reclaimed clay ponds 1 thru 4B may be utilized as wildlife habitats, forestry areas, or agricultural areas. Clay ponds 5A and 5B may be utilized as wetland habitats, as well as other wildlife habitat. In any event, the final contours of the surface of the clay ponds shall be in accordance with the Final Reclamation Estimated Contours - Charles Tract map dated October 21, 1992." 15) This office hereby changes Reclamation Condition No. 2.E. to address your concerns: "All settling ponds and sediment control basins used for sedimentation control shall be backfilled, graded and stabilized or cleaned out and made into acceptable lake areas after such ponds and basins are no longer needed for sedimentation control." 16) This office acknowledges your proposed change to Reclamation Condition No. 2.F. and hereby changes the condition to read as follows: "The processing, stockpile, and other disturbed areas neighboring the mine excavations shall be graded to slopes no steeper than a 4 horizontal to 1 vertical." 17) This office concurs with your request to eliminate the first sentence of Reclamation Condition No. 2.H. of the permit. Therefore, the condition shall now read as follows: "On -site disposal of waste shall be in accordance with Operating Condition No. 11.A. and B. of this permit." ,. .... .. t .... ". .: .. ...... �., Mr. Schimming March 10, 1993 Page G In order for your company and this office to abide by these revisions to the previously issued renewal, and modified mining permit for this site, please consider this letter an approved addendum to Mining Permit No. 7-01. All corresponding previous conditions of the permit shall be replaced by the above referenced revised conditions. Thank you for your input and cooperation in this matter. I hope we have sufficiently addressed all of your questions, concerns and requests appropriately. If you should have any questions on the above, please contact Mr. Tracy Davis at (919) 733-4574. Sincerely, �i� W . Charles H. Gardner, P.G., P.E. CHG/TED/td cc; Mr. Tracy Davis Mr. Floyd Williams State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor January 4, 1993 Charles H. Gardner, P.G., P.E.. William W. Cobg6 Jr., Secretary Director- and State Geologist Mr. W.A. Schimming Manager, Environmental Services Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Permit No. 7-01 Lee Creek Mine Beaufort County Dear Mr. Schimming: Your application for renewal and modification of Permit No. 7-01 for the Lee Creek Mine in Beaufort County has been approved. The modification includes the approval of the "Mitigation Plan for Replacement of 5,000 Feet of Channelized Whitehurst Creek" dated May 14, 1992 and the "Whitehurst Drainage Channel Restoration Plan" dated December 7, 1992. A copy of the renewed and modified permit is enclosed. The conditions in the permit renewal and modification were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. The new expiration date is January 4,, 2003. As a reminder, the total permitted acreage at this site is 9,520 acres while your company is allowed to disturb approximately 7,700 acres at any one time. Please review the renewed and modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. TED/td Enclosure cc: Mr. Floyd Geological Survey Section (919) 733-2423 Sin rl cyis, E.I.T. Stated Specialist Land Quality Section Williams, P.G. Land Quality Section (919) 733-4574 Geodetic Survey Section (919) 733-3836 P.O. Box 27697 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer r DEPARTMENT OF ENV2RONMENT � HEALTH � AND NATURAL RE SOURC E S D =V= S 2 ON OF LAND RESOURCE S T-AME) QUA1L.2TY SECTION P E R M = 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 Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf, Inc. Lee Creek Mine Beaufort County - Permit No. 7-01 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. MINING PERMIT EXPIRATION DATE: !January 4,,__2003 Page 2 of 16 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However; completed performance of the approved Reclamation Plan is a_ .separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of -his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the 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. mina ti`ons 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. Page 3 of 16 modifications April 1. 1985:, This permit has been modified to change the projected mining and reclamation schedule as well as incorporate changes to the reclamation plan to allow backfilling of the mine areas with a blend of gypsum and clay tailings. April S. . This permit has been modified to add approximately550 acres bf adjacent"land to make the Texasgulf, Inc. and NCPC permit areas contiguous. The modification also includes a change in the mine advance direction and a change in the pre -strip method (i.e., use of a bucket wheel excavator in lieu of a hydraulic dredge). July 14. 1988: This permit has been modified to allow the relocation of NC 306 provided all other applicable permits are obtained from other state and federal agencies. Febg_uary 8. 1990: This permit has been modified to include and allow mining activities on an adjacent 160 acres of land with several stipulations. November 29. 1990: This permit has been modified to remove the last sentence of Operating Condition No. 7.H.4. which requires Texasgulf, Inc. to develop and submit a plan by 1992 to blend all new clays and gypsum directly at the plant.for permanent waste disposal/reclamation. This modification has been approved provided that no new gypsum stacks are constructed. June 13, 1991: This permit has been modified to include and allow mining activities on.an adjacent 250 acres of land with several stipulations. September 6. 1991: This permit has been modified to include the construction of a new sulfur rail unloading system adjacent to the current sulfur tracks at the plant site with several stipulations. October 31,_ 1291: This permit has been modified to allow the second trial capping of approximately 35 acres (10%) of the R-2 blend area with a 4:1 sand to clay cap ratio. October 31, 1291: This permit has been modified to allow the reactivation of Gypsum Pile 3/4 with several stipulations. February 28_, 1992. This permit has been modified to include -the 700 acre mine advance south of the current permit area with several stipulations. June 2: This permit has been modified to allow capping of the R-2 blend area with a clay cap, 18 to 24 inches thick, provided that this capping process does not result in impoundment of water against the dikes. Page 4 of 16 June 4 1992: This permit has been modified to allow borrow pit activities in the 700 acre modification area (upstream of SR 1937) prior to implementing the hydrology modeling and monitoring requirements as required by the February 28, 1992 modification with several stipulations. Ju y 6, 1992: This permit has been modified, with stipulations, to allow the development of the mine utility corridor around the 700 acre modification area. This will be accomplished by leaving four gaps in the perimeter canal system to permit water to continue to flow through the existing lead ditches into the headwaters of Whitehurst Creek. July 22, 1222: This permit has been modified to allow the placement of a 30 inch culvert in each of the uncut lead ditches and for the subsequent placement of coarse granular washer reject material over said culverts to allow equipment access to the mine utility corridor area along the perimeter of the 700 acre mine expansion. Ju y 28, 1992: This permit has been modified to extend the previous reclamation deadlines specified in this mining permit to those provided in the July 22, 1992 letter from Texasgulf, Inc. to the Department. Rxpiration date This permit shall be effective from the date of its issuance until January 4, 2003. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74--46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: I. Slastewater_and Pit Dewatering A. Any wastewater processing or mine dewatering shall be. ' in accordance with the requirements and rules promulgated by the N.C. Environmental Management Commission. Page 5 of 16 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Water Quality Section, Division of Environmental Management, to secure any necessary stormwater permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission.. B. All mine access roads shall be appropriately stabilized to reduce dust and prevent erosion and offsite sedimentation. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones e A. Any mining activity affecting wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the Environmental Management Commission, the Coastal Resources Commission and the U.S. Army Corps of Engineers. Any areas under the jurisdiction of these agencies shall be visibly marked at the site and the appropriate approval documents obtained roKto any land disturbing activities in said areas. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural watercourse. C. The width of the buffer adjacent to any watercourses at the site, most specifically Porter Creek, Durham Creek, Whitehurst Creek and South Creek, shall be determined by and subject to any federal and state regulations concerning navigable waters and wetland areas. D. Sufficient buffer (minimum 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. r Page 6 of 16 E. Overburden removal for ore extraction shall not occur within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other public property until a formal modification request has been submitted to and approved by the Department. The request shall clearly describe how a physical hazard to the above features will be prevented. F. The buffer zones shown on the Mine/Plantsite Location map (Attachment 8) dated October 19, 1992 shall be maintained to prevent caving of any adjoining property and to allow grading of the side slopes to the required angle. These buffer zones, with the exception of the installation of required sediment control measures and earthen berms, shall remain undisturbed. 4. grogionand sedUment Control A. 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 and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. B." The construction and maintenance of the new sulfur rail unloading system adjacent to the pre-existing sulfur tracks at the plant site shall be in accordance with the Erosion Control Plan AFE N-605 Sulfur Unloading Facility prepared by Texasgulf, Inc. dated August 27, 1991. C. The reactivation of Gypsum Pile 3/4 shall be in accordance with the report by Ardaman & Associates, Inc. entitled "Support Document - Permit Application to Reactivate Gypsum Pile 3/4 - Texasgulf Phosphate Operations, Aurora, North Carolina" dated August 26, 1991 with the following stipulations: 1) that all necessary permits be obtained from the Division of Environmental Management in order to conduct this activity. 2) that all clay material to be utilized for the underlines be obtained only from: (a) an area south of the existing mine activity, as close to the mine activity as possible, (b) an area agreed to by the Corps of Engineers as a nonjurisdictional wetland area and (c) an area within the approved mining permit area covered by this permit. Page 7 of 16 - D.- The 700 acre mine expansion accordance with the permit dated October 11, 1991 and dated December 23, 1991 as stipulations: shall be conducted in modification application the supplemental information well as the following 1) that the predisturbance flow levels of Whitehurst Creek be maintained by pumping groundwater into the uppermost portion of the creek at a rate to attempt to match the pre -mined, undisturbed hydrology of the creek. This requirement should maintain the aquatic life in the creek and maintain the natural salinity levels at the mouth of Whitehurst Creek at South Creek. The rate of pumping shall be determined by modeling the natural hydrology of the system before land disturbance is initiated. 2) that all land disturbing activities within the 700 acre expansion area shall be in accordance with the Mitigation Plan for Replacement of 5,000 Feet of Channelized Whitehurst Creek dated May 14, 1992 and the 401 Water Quality Certification (Number 2748) issued by the Division of Environmental Management on June 30, 1992. 3) that any mining related activities in the 700 acre expansion area shall be in accordance with all applicable state and federal water quality rules and permit requirements (i.e., Division of Environmental Management, Division of Coastal Management, U.S. Army Corps of Engineers, etc.). 4) that the construction of the mine utility corridor around the 700 acre expansion area shall be in accordance with the above approved plans and corresponding permits. In addition, a 30 inch culvert shall be placed in each of the uncut lead ditches and coarse granular washer reject material shall be subsequently placed over said culverts to allow equipment access to the mine utility corridor area (the above culverts shall allow water to continue to flow to Whitehurst Creek). Furthermore, adequate erosion and sedimentation control measures shall be installed and maintained downstream of any land disturbing activity related to the construction of the mine utility corridor, most specifically in those areas where water may flow directly into the headwaters of Whitehurst Creek. Page 8 of 16 5. 5) that restoration of the headwaters of Whitehurst Creek shall be in accordance with the Whitehurst Drainage Channel Restoration Plan dated December 7, 1992 and any supplemental information approved by the Department detailing said restoration. E. The capping of the R-2 blend area with a clay cap, 18 to 24 inches thick, shall be in accordance with Texasgulf, Inc.'s letter to the Department dated May 14, 1992 and the memorandum to Texasgulf, Inc. from Dr. Stephen Broome and Mr. Don Millman dated May 7, 1992 and May 11, 1992, respectively. Said capping process shall be conducted in such a manner so as.not to result in the impoundment of water against the dikes. F. The borrow activities in the 700:a�re expansion area (upstream of SR 1937) to obtain clays for use in reconstructing liners for gypsum piles 3 and 4 shall be conducted in accordance with the Proposed Borrow Pit Area Map dated April 30, 1992 with the following stipulation: that appropriate erosion and sedimentation control measures, such as a horseshoe gravel filter at the upstream end of the culvert under SR 1937 or other acceptable alternative, shall be utilized and maintained to prevent offsite sedimentation into the headwaters of Whitehurst Creek. G.,, All mining permit boundaries, major features of the active mining operation and final reclamation elevations/contours shall be in accordance with the Mine/Plantsite Location map (Attachment 8) dated October 19, 1992, the Final Reclamation Contours - Mine and Plantsite map (Attachment 10) dated October 21, 1992 and the Final Reclamation Estimated Contours - Charles Tract map (Attachment 11) dated October 21, 1992. H. An erosion and sediment control plan(s) shall be submitted to the Department for approval priori to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted to the Department for the renewal and modification of this mining permit. Groundwater Protection A. Observation wells shall be installed and monitored as . deemed necessary by the Department. B. The observation wells shall be secured against unauthorized entry with a lockable cap. The necessary permits to construct these wells shall be obtained from the N.C. Division of Environmental Management, Groundwater Section. Page 9 of 16 --C. Water from the observation wells shall be analyzed, and corresponding results reported, as required by the Groundwater Section. 6. Gradgd Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause offsite damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. The first forty (40) feet of overburden shall be removed by a bucket wheel excavator system and conveyed to previously mined areas for reclamation. The remaining overburden shall be removed by draglines and cast into previously mined areas in windrows. C. Oversized phosphate pebbles and gangue materials (rejects) in the ore matrix shall be stockpiled in the vicinity of the mill area. This material shall be utilized for internal road con$truction and maintenance. It may also be made available to the general public as well as state and local governments. D. The quartz sand (sand tailings) from the ore matrix shall be pumped to previously mined areas for backfill either alone or in a blend with gypsum and clay. It' shall also be utilized for dike and roadway construction. E. The clay material from the ore matrix shall be pumped. to the previously mined areas, after being blended with gypsum, for reclamation. F. The gypsum byproduct used in the clay/gypsum blend shall be stockpiled next to the processing plant in no more than a three stockpile rotation. G. Any dikes/embankments at the mine site shall be constructed, stabilized and maintained in accordance with the Dam Safety Law of .1967 and corresponding regulations promulgated by the N.C. Environmental Management Commission.. such requirements and regulations shall be enforced by the Land Quality Section. Page 10 of 16 7 . Surf ace D-ra inage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. High Wall Barrier A physical barrier consisting of vegetated earthen berms or fencing shall be maintained at all times around the perimeter of any highwall to prevent inadvertent public access. 9. Visual_ Scgeenina Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms or additional tree plantings, shall be employed as deemed appropriate by the Department. 10. PIgn 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 renewal and modification application for this mining permit. Approval to implement such changes must be obtained from the Department prior to on -site implementation -of the revisions. 11. Refuse Disposal A. No on -site disposal of refuse or other solid waste that are generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first -been obtained from both the Division of Solid Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall'be consistent with the approved reclamation plan. B. 'Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of - in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Solid Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. Page 11 of 16 12.•-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. 13. Bonding The security which was posted pursuant to N.C.G.S.•74-54 in the form of a $25,000.00 Blanket Bond meets the current requirements of NCAC 15A:5B.0003. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of.significant archaeological resources._ _ W i Page 12 of 16 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74_53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall.be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land, 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall'be left in a configuration, which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall.be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years .after completion or termination of mining. Page 13 of 16 RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation for the 1993-2003 permit period shall be: 1) backfill the mine excavations to original elevation or higher except in those areas where approved wetlands mitigation projects are required (the final elevations may be below original surface elevations), 2) stabilize all waste disposal areas and settling ponds, and 3) regrade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. Reclamation of mined land and settling ponds shall be accomplished in two phases: 1) physical restoration and 2) revegetation. Physical restoration shall be accomplished by 1) backfilling with bucket wheel excavator (overburden) material and draglin4 cast material, 2) backfilling with sand tailings from the flotation section of the mill, 3) backfilling with clay/gypsum blend, and 4) capping the top surface with a clay cap to enhance the establishment of vegetation. B. Upon completion of the backfilling activity noted in 2.A. above, the surface shall be graded to the desired final contours as indicated on the Final Reclamation Contours - Mine and Plantsite map dated October 21, 1992. C. Rehabilitation of the clay settling ponds at or associated with Texasgulf, Inc.'s mining operation shall include the desiccation of water from the surface of the ponds by the installation of drainage ditch systems. Such drainage systems, in addition to establishing vegetation including tree plantings, should aid in the consolidation of the clays in the ponds. These reclaimed clay ponds shall be utilized as wildlife habitats (i.e., fresh water wetlands) or, through extensive research, may be determined suitable as agricultural or forestry areas. In any event, the final contours of the surface of the clay ponds shall be in accordance with the Final Reclamation Estimated ..Contours - Charles Tract map dated October 21, 1992. Page 14 of 16 D. Every six (6) months Texasgulf, Inc. shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the following areas: 1) Charles Tract clay waste areas 2) Clay -gypsum blend areas 3) Gypsum stockpile areas 4) Sand tailings areas 5) Other areas Each report shall include a specific plan and schedule for future reclamation and reclamation research. E. All settling ponds and sediment control basins used for sedimentation control shall be backfilled, graded, and stabilized or cleaned out and made -into acceptable lake areas. F. The processing, stockpile, and other disturbed areas neighboring the mine excavations shall be leveled and smoothed. G. Compacted surfaces shall be disced, subsoiled`or otherwise prepared before revegetation. H. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with operating Condition 11 A and B. I. The affected land shall be graded to prevent the collection of noxious or foul water. 3. ey_&getatj_on Plan: Disturbed areas at the site shall be permanently revegetated according to the following Revegetation Plan approved in the renewal application by Mr. L. Gaylon Ambrose, Agricultural Extension Service, on June 9, 1992: Seeding recommendations: 1. Dike slope 3:1 or 4:1 - Spring/Summer Seeding Tyrae Rate (Pounds/Acre] Hulled bermudagrass 50 ,Common sudangrass 50 - Japanese millet 50 - Page 15 of 16 2. Dike slope 3:1 or 4:1 - Fall Seeding - Type Rate (Pounds/Acre Kentucky 31 Tall fescue 50 Crimson clover 25 3. Reclaimed Area, Flat or Gently Rolling - Fall Seeding Type Rate (Pounds/Acre) Alfalfa and other 20 soil improving.legumes Fertilizer shall be applied to any area as recommended -by soil test results. Interspersed with legumes areas, various types of adapted tree species shall be planted for wildlife habitat. Species such as green ash, bald cypress, sweetgum, sycamore, and red maple are commonly planted. Currently, there is an active research program to determine additional ground cover species that are adapted to the reclaimed areas, such as various legumes. Also, a variety of agricultural crops shall be planted to determine their suitability for future land use -at the site. 4. Reclamation Plan: 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 shall be as described in the following table taken from the "Mine Permit 7-1 Renewal - Reclamation Schedule" dated July 21, 1992: r • Page 16 of 16" A) R-Areas Final Reclamation R-Area Acres Reclaim _Date (Year) R-1 476 1994 R-2 425 1997 R-3 945 2003 R-4 (N) 420 2002 R-4 (S) 260 2004 R-5* 520 2005 *R-5 includes Whitehurst Creek channelized drainage which will be re-established and reclaimed four(4)' years after mining through the area. Estimated date for final reclamation of channelized drainage is December 1997. B) Charles Tract Pond Acres Reclaim Date (Year) 1 700 1993 2 156 1994 3 186 1995 4A 255 1994 4B '233 1995 5A 212 5B 323 *Pond Nos. 5A and 5B are potential areas for wetland mitigation. This permit, issued July 20, 1972, renewed July 20, 1982, and modified April 1, 1985, April 8, 1988, July 14, 1988, February 8, 1990, November 29, 1990, June 13, 1991, September 6, 1991, October 31, 1991, February 28, 1992, June 2, 1992, June 4, 1992, July 6, 1992, July 27, 1992 and July 28, 1992, is hereby contemporaneously renewed and modified this 4th day of January, 1993 pursuant to G.S. 74-52. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources sr o State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Charles H. Gardner, PG., P.E. William W. Cobey, Jr., Secretary July 28, 1992 Director and State Geologist Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Reclamation Target Dates Lee Creek Mine Permit No. 7-01 Beaufort County Dear Mr. Schimming: Thank you for your prompt response to my July 13,.1992 letter regarding target dates for reclamation of the disturbed areas under Mining Permit No. 7-01. Please be advised that this letter hereby extends the reclamation deadlines in your mining permit to those provided in your letter to me dated July 22, 1992. The extended deadlines will be incorporated into the Land Quality Section's review of your renewal request and, if a renewal permit is issued, the deadlines will be specified in the mining permit as permit conditions. In regards to your request for an extension of the expiration date of your mining permit, your request is hereby granted as your company has made a timely request for renewal of your permit prior to its expiration. You will be required to continue to operate under the existing permit conditions and approvals until such time as your renewal request has been granted or denied. If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. TED/td cc: Mr. Tracy Davis Mr. Floyd Williams Land Quality Section Geodetic Survey Section Geological Survey Section (919) 733-2423 (919) 733-4574 (9l9) 733-3836 P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733.3833 An Equal Opportunity Affirmative Action Employer Texasgulf Inc. an elf aquitaine company P.O. Box 48 Aurora, !North Carolina 27806 July 22, 1992 Mr. Charles Gardner, Director Division of Land Resources North Carolina Dept. of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: W.A. Schimming Manager Environmental Affairs (919) 322-8239 RECEIVED JUL 2 8 '92 In response to your July 13, 1992 letter to me, attached please find our reclamation schedule target dates for reclaiming the land area that is included in our Mine Permit 7-1 renewal request. As you are aware, Mine Permit 7-1 expires on July 31. Since that date is quickly approaching, we request an extension of the expiration date until such time that you have completed the review of our mining permit renewal request. If you have any questions on either of these items, please call Jeff Furness or myself as soon as possible. Sincerel , W. A. Schimming WAS:JCF/re Attachment PC: Tracy Davis - DLR, Raleigh (w/attch) Floyd Williams - DLR, WRO (w/attch) T. J. Regan (w/attch) H. M. Breza (w/attch) I. K. Gilmore (w/attch) P. J. Moffett (w/attch) D. J. Millman (w/attch) W. R. Walker (w/attch) J. C. Furness (w/attch) 12-04-001-38 (w/attch) 00-12-000 (w/o attch) Pr**dw RICj"CMd P�PM I. II. Mine Permit 7-1 Renewal - Reclamatign Scbedyle Mining Schedule (Based on Planned Production Rates) A) Mine Block #22 (Active Mine Area) Mining Completed by August 1993 B) Mine Block 123 (700 Acre Area) Mining Completed by March 1995 Reclamation Schedule A) R-Areas Final Reclamation R-Area Acres Reclaim Date (Year) R-1 476 1994 R-2 425 1997 R-3 945 2003 R-4 (N) 426 2002 R-4 (S) 260 2004 *R-5 520 2005 *R-5 includes Whitehurst Creek channelized drainage which will be re-established and -reclaimed 4 years after mining through the area. Estimated date for final reclamation of channelized drainage by December 1997. B) Charles Tract Pond Acres Reclaim Date (Year) 1 700 1993 2 156 1994 3 186 1995 4A 255 1994 4B 233 1995 5A 212 5B 323 * - Ponds No. 5A and No. 5B are potential areas for wetland mitigation IKG/7-21-92 Texasg u If inc. an a" equltaine company P.O. Box 48 Aurora, North Carolina 27806 July 22, 1992 Mr. Charles Gardner, Director Division of Land Resources North Carolina Dept. of EHNR P. O. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Gardner: W.A. Schlmming Manager Environmental Affairs (919) 322-8239 In response to your July 13, 1992 letter to me, attached please find our reclamation schedule target dates for reclaiming the land area that is included in our Mine Permit 7-1 renewal request. As you are aware, Mine Permit 7-1 expires on July 31. Since that date is quickly approaching, we request an extension of the expiration date until such time that you have completed the review of our mining permit renewal request. If you have any questions on either of these items, please call Jeff Furness or myself as soon as possible. Sincerel r, _ W. A. Schimming WAS:JCF/re Attachment pc: Tracy Davis - DLR, Raleigh (w/atteh) Floyd Williams - DLR, WRO (w/attch) T. J. Regan (w/attch) H. M. Breza (w/attch) I. K. Gilmore (w/attch) P. J. Moffett (w/attch) D. J. Millman (w/attch) W. R. Walker (w/attch) J. C. Furness (w/attch) 12-04-001-38 (w/attch) 00-12-000 (w/o attch) R E C E VUL 2 81992 ({ } ® Pr~an RpC,.CYE Plpr. ti` I. II. Mining Schedule (Based on Planned Production Rates) A) Mine Block 122 (Active Mine Area) Mining Completed by August 1993 B) Mine Block 023 (700 Acre Area) Mining Completed by March 1995 Reclamation Schedule A) R-Areas Final Reclamation R R-1 Acres 476 Reclain Dat2 (Year) 1994 R-2 425 1997 R-3 945 2003 R-4 (N) 420 2002 R-4 (S) 260 2004 *R-5 520 2005 *R-5 includes Whitehurst Creek channelized drainage which will be re-established and reclaimed 4 years after mining through the area. Estimated date for final reclamation of channelized drainage by December 1997. B) Charles Tract Land es 1 700 1993 2 156 1994 3 186 1995 4A 255 1994 4B 233 1995 5A 212 5B 323 * - Ponds No. 5A and No. 5B are potential areas for wetland mitigation IKG/7-21-92 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Charles H. Gardner, P.G., P.E.- William W. Cobey, Jr., Secretary July 13, 1992 Director and State Geologist 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 of your transmittal of the descriptions of reclamation activities conducted at the Lee Creek Mine for the first half of 1992 and the reclamation plans for the second half of 1992, as required by your mining permit. Please be advised that this office will need your company's -reclamatiom;.schedule tied down for all waste areas as part of the mining permit renewal request. This will involve providing target dates for completion of each mine area/segment including final reclamation dates for each waste area. Please extend to Mr. Regan and all appropriate employees my compliments on the work your company is doing and its direction toward final reclamation of the Charles Tract and blend waste areas. With continued consistent determination in ditching, drying, weed control, and planting in conjunction with timely target dates, I believe the result will be final waste area reclamation your company can be very proud of. This office looks forward to the submittal of the above schedule and target dates in the very near future. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams Sincerely, Charles H. Gardner, P.G., P.E. - i* Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2423 (919) 733-4574 (919) 733-3836 P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF LAND RESOURCES TO: MEMORANDUM CHARLES H. GARDNER DIRECTOR AND STATE EO GIST DATE: Z` SUBJECT: w� t -w���' RECEIVED Texasgulfin.- , 6 '92 an all aquitaine company P.O. Box 48 Aurora, North Carolina 27806 June 29, 1992 Mr. Charles Gardner Director, Division of Land Resources North Carolina Department of EHNR P. O. Box 27687 Raleigh, NC 27611-7687 Dear Mr. Gardner: W.A. Schl kWAND RES, Manager Environmental Affairs (919) 322-8239 As required by our Mining Permit No. 7-1, enclosed are the descriptions of reclamation activities for the first half of 1992, and the reclamation plans for the second half of 1992. Attached to the descriptions are support maps No. AOG-049-173, AOG-049-173A, AOG-049-174, and AOG-049-174A. If you have any questions, do not hesitate to call Jeff Furness or myself. Sincerely, 2 W. A. Schimming WAS:JCF/re Enclosures pc: Floyd Williams - DLR, Washington (w/encl.) H. M. Breza (w/o encl.) D. R. Millman " W. R. Walker It P. J. Moffett " I. K. Gilmore " J. C. Furness " 12-04-002-02 (w/encl.) 00-12-000 (w/o encl) A: 7-1rc1m.rpt Ah on IO exasgulfi memo Date June 18, 1992 To W. A. Schimming Location Environmental Affairs From D. J. Millman location Blend/Reclamation Subject DLR Reclamation Report (January - June, 1992) As required by Mining Permit No. 7-1, enclosed are descriptions of reclamation activities for the first half of 1992 and planned reclamation for the second half of 1992. Please review and forward to DLR by July 1,1992. D. J. 'illman DJM:wrw Enclosure Charles Tract Reclamation Work Accomplished for the First Half of 1992 (January -June) For details see attached map AOG-049-173 Phase I - Weed Control and Land_Preparation No activity in this area. Phase II - Preparation for Tree Planting No activity in this area. Phase III - Tree Planting The largest yearly acreage to date was accomplished when 245 acres were planted with a variety of hardwood tree species and Atlantic White Cedar. With the completion of this block, approximately 82 percent of the No. 1 Pond has been planted with trees. The following is a break -down of the trees and acreage planted: Species Acres Green Ash 79 Cypress 46 Sycamore 72 Tupalo 7 Atlantic White Cedar 17 Assorted Oak 24 Total 245 LEGEND i_. Tree Planting Area (245 acres) . - Ponded Area Charles Tract Reclamation Planned Reclamation for the Second Half of 1992 (July -December) For details see attached map AOG-049-173A Phase I- Weed Control The eastern most section of Pond Number 1 will be prepared for weed control. High flotation tractors with wide tires will be used to walk down the vegetation. When new tender vegetation grows back, a herbicide will be used to kill it. Phase II - Disk Plow and Bedding for Tree Planting Once the vegetation has been killed from the herbicide application, the upper one foot will be turned under by using a special disk plow. This will aid in drying the surface and also mix organic material in the upper one foot. When the plowed area has had ample time to dry, a levee plow will be used to establish mounds for tree planting. Phase III - Tree Planting No activity in this area. Surface Drainage Surface drainage ditches will be established in the eastern most section of the Number 1 Pond. This will complete the planned drainage of this pond. Approximately 83,000 feet of ditches will be established in Ponds Number 2, 3, 4A, and 4B. Approximately 16,000 feet of existing ditches in Ponds Number 3 and 4A will be cleaned out. LEGEND Glean -out existing ditches (16,100 ft.) New surface drainage ditches (83,000 ft.) Prepare for tree planting: 4D DEVELOPMENT - CHARLES TRACT tECLAMATION FOR THE SECOND HALF Reclamation - Mined Area Reclamation Development for the First Half of 1992 (January -June) For details see attached map AOG-049-174 R-1 Area Surface Drainage New surface drainage ditches were constructed across the western portion of the area. This was accomplished by using a high flotation tractor with a rotary ditcher attachment. All of the existing surface ditches and major drainage ditches were cleaned out and deepened to enhance drainage. Development for Tree Planting A portion of the area on the east end was disk plowed for the first time. The standing vegetation was turned under by using a special disk plow. This will assist in the drying process as well as add organic matter to the upper one foot of material. Agricultural Row Croo Area Alfalfa, planted on approximately 60 acres in the center portion of the area is growing extremely well. This will develop a nitrogen base in the soil. Agricultural Test Area Under the direction of Mr. Henry Riddick, Beaufort County Extension Director, several test plots have been planted with the following species; Species Acres corn 3.0 wheat 0.7 oats 0.7 barley o.7 triticale 0.7 canola 1.0 soybeans 14.0 total 20.8 Tree Planting Test Area Dr. Steve Broome with NCSU is continuing to run tests on different tree and plant species. This is a continuing research project. R-2 Area An experiment was conducted on a small portion ❑f R-2 designed to test the feasibility of evenly distributing a sand/clay blend cap over this reclaim area. The test results indicated severe sand/clay separation at the discharge point, therefore this approach to blend reclaim pond capping was abandoned. However, based on improved tree growth observed on the planted clay disposal ponds as well as a wider species adaptability, a plan was developed using by-passed mill clays as a blend area capping material. This plan calls for a minimum of 18 inches of settled mill clays to be stage filled over the blend surface via a network of perimeter gravity flow ditches. This plan was presented to the Division of Land Resources for approval, and was approved on June 2, 1992. NCSU Test Plot Area NCSU, under the direction of Dr. Broome has established several test plots on the south side of the area. Several grasses, legumes, and small grain plots have been planted and are doing very well. This is a continuing research project. Porter Creek Development Three areas on mined over land along Porter Creek were planted with a variety of hardwood trees. The species were cypress, green ash, and sycamore. A total of 18 acres were planted. Blend Discharge The blend discharge was directed into R-•3 the entire period form January through June. PAMLICO E] 0000 Ow G-2 ~l POND LE43END Existing Surface Drainage Ditches Improve Existing Drainage Ditches .,..� New Surface Drainage Ditches First Stage Development for Future Tree Planting .Agricultural Row Crop and Test Area 0 Tree Planted Area Active Blend Area ® NCSU Agricultural Test Area RECLAMATION - PLANTSITE RECLAMATION DEVELOPMENT FOR THE FIRST HALF OF 1992 (JANUARY-JUNE) ATE ORf'S1rl\ II�I�IIIIIIII111111�1IIIIIIII PI IIIIIIIII I�I�III11111��1111111111�111�D II�II 1 DRAWING NO, S.G.R. 06-17-92 AGG-049-174 Proposed Reclamation Development for the Second Half of 1992 (July --December). See attached map AOG-049-174A. R-1 Area Surface Drainage Surface drainage ditches will continue to be developed throughout the southwestern portion of the area. This will complete the initial drainage of R-1. First Stage_ Development Several areas will be disk plowed, allowed to dry, and disk harrowed to establish a good textured soil. Once this has been accomplished, alfalfa will be planted as a winter cover crop and to establish a nitrogen base in the soil. Agricultural Test Area Rotating row crop plantings will continue in this area. In the fall, small grain such as wheat, oats, barley, and canola will be planted behind the harvest of the corn and soybeans. Tree Plantina No activity in this area. R-2 Area Clav Capping Project A perimeter ditch will be constructed around 2/3 of the area with decant slots every 500 feet. By-pass mill clays will be discharged into the perimeter ditch and directed to different areas of R-2 through the slots. Prior to any discharge of clays, a network of surface drainage ditches will be established. These ditches will enhance surface water run-off, and after the filling is complete, will cause a depression that will later become a permanent drainage ditch. Blend Discharge Blend discharge will be directed into R-3. ��NER PAMLICO E J zK"YQ'i- 1 s ' BLOCK Ll 1 PLANT SITE DPI Nt X, LEGEND =-- Existing Surface Drainage Ditches New Surface Drainage Ditches First Stage Development for Tree Planting with Cover Crop of Alfalfa Agricultural Row Crop Area Active Blend Area Clay Capping of R-2 RECLAMATION - PLANTSITE PROPOSED RECLAMATION DEVELOPMENT FOR THE THE SECOND HALF OF 1992 (JULY-DECEMBER) IDRAWN S.G.R. I DATE 06-17-92 1 DRAWING NO. AOG-049-174A 4 114-1 F /Yl&t&/ 4 OiA, IDIV. LAND RES. 1��, Ao- A-W ji i 14 Ao"I d�,4 d s.� �,G-� A Ael .cam B,�-f���'d� tilt ,44 - ,ram JA.a,.A& *t—A.,&;, josa— /X� i �^- °u � ..s �.�"�.' � � /lam . dlw� aw o.� c�/,�,£4�.-' ,tom n«1.?. Q Hc io ,6� o,�ad.G. vim- ;..�.,.- rz/u�i,. �G.�. S�/✓t �0� V�- State of North Carolina Department of Environment, Health, and Natural Resources Division of band Resources James G. Martin, Governor January 4, 1993 Charles H. Gardner, P.G., P.E. William W. Cobey, Jr., Secretary Director and State Geologist Mr. W.A. Schimming Manager, Environmental Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina RE: Permit No. 7-01 Lee Creek Mine Beaufort County Dear Mr. Schimming: Services 27806 Your application for renewal and modification of Permit No. 7-01 for the Lee Creek Mine in Beaufort County has been approved. The modification includes the approval of the "Mitigation Plan for Replacement of 5,000 Feet of Channelized Whitehurst Creek" dated May 14, 1992 and the "Whitehurst Drainage Channel Restoration Plan" dated December 7, 1992. A copy of the renewed and modified permit is enclosed. The conditions in the permit renewal and modification were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. The new expiration date is January 4 0 As a reminder, the total permitted acreage at this site is 9,520 acres while your company is allowed to disturb approximately 7,700 acres at any one time. Please review the renewed and modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. TED/td Enclosure cc: Mr. Floyd Geological Survey Section (919) 733-2423 Sincerely, Tracy E. Davis, E.T.T. State Mining Specialist Land Quality Section Williams, P.G. Land Quality Section (919) 733-4574 Geodetic Survey Section {919) 733-3836 RO. flux 27687 • Paleigh, N.G. 27611 7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer DElARTMENT OF ENV=RC]NMENT' HEALTH AND NATURAL RESOURCES I]=V=S=C>N OF LAND RESOURCES LAN D QUAL = TY S E CT = ON P E R M = 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 Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Texasgulf, , Inc. Lee Creek Mine Beaufort County - Permit No. 7-01 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. MINING PERMIT EXPIRATION DATE: January 4, 2003 Page 2 of 16 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment, Health and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the 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. pefinitions 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. Page 3 of 16 Modifications April1, 1985: This permit has been modified to change the projected mining and reclamation schedule as well as incorporate changes to the reclamation plan to allow backfilling of the mine areas with a blend of gypsum and clay tailings. AAril_8, 1988: This permit has been modified to add approximately 550 acres of adjacent land to make the Texasgulf, Inc. and NCPC permit areas contiguous. The modification also includes a change in the mine advance direction and a change in the pre -strip method (i.e., use of a bucket wheel excavator in lieu of a hydraulic dredge). July 14, 1988: This permit has been modified to allow the relocation of NC 306 provided all other applicable permits are obtained from other state and federal agencies. February 8, 1990: This permit has been modified to include and allow mining activities on an adjacent 160 acres of land with several stipulations. November 29 1990: This permit has been modified to remove the last sentence of Operating condition No. 7.B.4. which requires Texasgulf, Inc. to develop and submit a plan by 1992 to blend all new clays and gypsum directly at the plant for permanent waste disposal/reclamation. This modification has been approved provided that no new gypsum stacks are constructed. June 13, 1991;,This permit has been modified to include and allow mining activities on an adjacent 250 acres of land with several stipulations. September 6 1991 _p , This permit has been modified to include the construction of a new sulfur rail unloading system adjacent to the current sulfur tracks at the plant site with several stipulations. October 31, 1991: This permit has been modified to allow the second trial capping of approximately 35 acres (10%) of the R-2 blend area with a 4:1 sand to clay cap ratio. October_31, 1991; This permit has been modified to allow the reactivation of Gypsum Pile 3/4 with several stipulations. February 28, 1992: This permit has 700 acre mine advance south of the several stipulations. June 2, 1992: This permit has been the R-2 blend area with a clay cap, provided that this capping process of water against the dikes. been modified to include the current permit area with modified to allow capping of 18 to 24 inches thick, does not result in impoundment Page 4 of 16 June 4. 1992: This permit activities in the 700 acre 1937) prior to implementing requirements as required by with several stipulations. has been modified to allow borrow pit modification area (upstream of SR the hydrology modeling and monitoring the February 28, 1992 modification July 6, 1.992: This permit has been modified, with stipulations, to allow the development of the mine utility corridor around the 700 acre modification area. This will be accomplished by leaving four gaps in the perimeter canal system to permit water to continue to flow through the existing lead ditches into the headwaters of Whitehurst Creek. July 27a_1992: This permit has been modified to allow the placement of a 30 inch culvert in each of the uncut lead ditches and for the subsequent placement of coarse granular washer reject material over said culverts to allow equipment access to the mine utility corridor area along the perimeter of the 700 acre mine expansion. July 28, 1992: This permit has been modified to extend the previous reclamation deadlines specified in this mining permit to those provided in the July 22, 1992 letter from Texasgulf, Inc. to the Department. Expiration Date This permit shall be effective from the date of its issuance until January 4.2003._ Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-461 et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewaterand wate A. Any wastewater processing or mine dewatering shall be in accordance with the requirements and rules promulgated by the N.C. Environmental Management Commission. Page 5 of 16 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Water Quality Section, Division of Environmental Management, to secure any necessary stormwater permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission. B. All mine access to reduce dust sedimentation. or other means to prevent dust 3. Buffer Zones roads shall be appropriately stabilized and prevent erosion and offsite During mining operations, water trucks that may be necessary shall be utilized from leaving the permitted area. A. Any mining activity affecting wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the Environmental Management Commission, the Coastal Resources Commission and the U.S. Army Corps of Engineers. Any areas under the jurisdiction of these agencies shall be visibly marked at the site and the appropriate approval documents obtained prior to any land disturbing activities in said areas. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural watercourse. C. The width of the buffer adjacent to any watercourses at the site, most specifically Porter Creek, Durham Creek, Whitehurst Creek and South Creek, shall be determined by and subject to any federal and state regulations concerning navigable waters and wetland areas. D. Sufficient buffer (minimum 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. Page 6 of 16 E. Overburden removal for ore extraction shall not occur within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other public property until a formal modification request has been submitted to and approved by the Department. The request shall clearly describe how a physical hazard to the above features will be prevented. F. The buffer zones shown on the Mine/Plantsite Location map (Attachment S) dated October 19, 1992 shall be maintained to prevent caving of any adjoining property and to allow grading of the side slopes to the required angle. These buffer zones, with the exception of the installation of required sediment control measures and earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. 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 and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. B. The construction and maintenance of the new sulfur rail unloading system adjacent to the pre-existing sulfur tracks at the plant site shall be in accordance with the Erosion Control Plan AFE N-605 Sulfur Unloading Facility prepared by Texasgulf, Inc. dated August 27, 1991. C. The reactivation of Gypsum Pile 3/4 shall be in accordance with the report by Ardaman & Associates, Inc. entitled "Support Document - Permit Application to Reactivate Gypsum Pile 3/4 - Texasgulf Phosphate Operations, Aurora, North Carolina" dated August 26, 1991 with the following stipulations: 1) that all necessary permits be obtained from the Division of Environmental Management in order to conduct this activity. 2) that all clay material to be utilized for the underliner be obtained only from: (a) an area south of the existing mine activity, as close to the mine activity as possible, (b) an area agreed to by the Corps of Engineers as a nonjurisdictional wetland area and (c) an area within the approved mining permit area covered by this permit. Page 7 of 16 D. The 700 acre mine expansion shall be conducted in accordance with the permit modification application dated October 11, 1991 and the supplemental information dated December 23, 1991 as well as the following stipulations: 1) that the undisturbed hy gy Whitehurst gy, of Wh''te hurst Creek be maintained by pumping groundwater into the uppermost portion of the creek at a rate to attempt to match the pre -mined, undisturbed -hydrology of the creek. This requirement should maintain the aquatic life in the creek and maintain the natural salinity levels at the mouth of Whitehurst Creek at South Creek. The rate of pumping shall be determined by modeling the natural hydrology of the system before land disturbance is initiated. 2) that all land disturbing activities within the 700 acre expansion area shall be in accordance with the Mitigation Plan for Replacement of 5,000 Feet of Channeliaed Whitehurst Creek dated May 14, 1992 and the 401 Water Quality Certification (Number 2748) issued by the Division of Environmental Management on June 30, 1992. 3) that any mining related activities in the 700 acre expansion area shall be in accordance with all applicable state and federal water quality rules and permit requirements (i.e., Division of Environmental Management, Division of Coastal Management, U.S. Army Corps of Engineers, etc.). 4) that the construction of the mine utility corridor around the 700 acre expansion area shall be in accordance with the above approved plans and corresponding permits. In addition, a 30 inch culvert shall be placed in each of the uncut 'lead ditches and coarse granular washer reject material shall be subsequently placed over said culverts to allow equipment access to the mine utility corridor area (the above culverts shall allow water to continue to flow to Whitehurst Creek). Furthermore, adequate erosion and sedimentation control measures shall be installed and maintained downstream of any land disturbing activity related to the construction of the mine utility corridor, most specifically in those areas where water may flow directly into the headwaters of Whitehurst Creek. P,a e 8 of 1 5) that recto ation of the headwaters of Whitehurst AL Creek sha 1 be in accordance with the Whitehurst Drainage Channel Restoration Plan dated December 7, 1992 E. The capping of the R-2 blend area with a clay cap, 18 to 24 inches thick, shall be in accordance with Texasgulf, inc.'s letter to the Department dated May 14, 1992 and the memorandum to Texasgulf, Inc. from Dr. Stephen Broome and Mr. Don Millman dated May 7, 1992 and May 11, 1992, respectively. Said capping process shall be conducted in such a manner so as not to result in the impoundment of water against the dikes. F. The borrow activities in the 700 acre expansion area (upstream of SR 1937) to obtain clays for use in reconstructing liners for gypsum piles 3 and 4 shall be conducted in accordance with the Proposed Borrow Pit Area Map dated April 30, 1992 with the following stipulation: that appropriate erosion and sedimentation control measures, such as a horseshoe gravel filter at the upstream end of the culvert under SR 1937 or other acceptable alternative, shall be utilized and maintained to prevent offsite sedimentation into the headwaters of Whitehurst Creek. G. All mining permit boundaries, major features of the active mining operation and final reclamation elevations/contours shall be in accordance with the Mine/Plantsite Location map (Attachment 8) dated October 19, 1992, the Final Reclamation Contours - Mine and Plantsite map (Attachment 10) dated October 21, 1992 and the Final Reclamation Estimated Contours - Charles Tract map (Attachment 11) dated October 21, 1992. H. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted to the Department for the renewal and modification of this mining permit. 5. Glroundwater Protection A. Observation wells shall be installed and monitored as deemed necessary by the Department. B. The observation wells shall be secured against unauthorized entry with a lockable cap. The necessary permits to construct these wells shall be obtained from the N.C. Division of Environmental Management, Groundwater Section. Page 9 of 16 -21 C. Water from the observation wells shall be analyzed, and corresponding results reported, as required by the Groundwater Section. Graded S o es and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause offsite damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. The first forty (40) feet of overburden shall be removed by a bucket wheel excavator system and conveyed to previously mined areas for reclamation. The remaining overburden shall be removed by draglines and cast into previously mined areas in windrows. C. Oversized phosphate pebbles and gangue materials (rejects) in the ore matrix shall be stockpiled in the vicinity of the mill area. This material shall be utilized for internal road construction and maintenance. It may also be made available to the general public as well as state and local governments. D. The quartz sand (sand tailings) from the ore matrix shall be pumped to previously mined areas for backfill either alone or in a blend with gypsum and clay. It shall also be utilized for dike and roadway construction. E. The clay material from the ore matrix shall be pumped to the previously mined areas, after being blended with gypsum, for reclamation. F. The gypsum byproduct used in the clay/gypsum blend shall be stockpiled next to the processing plant in no more than a three stockpile rotation. G. Any dikes/embankments at the mine site shall be constructed, stabilized and maintained in accordance with the Dam Safety Law of 1967 and corresponding regulations promulgated by the N.C. Environmental Management Commission. Such requirements and regulations shall be enforced by the Land Quality Section. Page 10 of 16 7. Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. High Wall Barrier A physical barrier consisting of vegetated earthen berms or fencing shall be maintained at all times around the perimeter of any highwall to prevent inadvertent public access. 9. Visual Screening Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms or additional tree plantings, shall be employed as deemed appropriate by the Department. 10. PlanModi:IUcation 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 renewal and modification application for this mining permit. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 11. Refuse Disposal A. No on -site disposal of refuse or other solid waste that are generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Solid Waste Management and the Land Quality Section, Department of Environment, Health and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Solid Waste Management. No petroleum products, acids, solvents a storage containers or any other material that maybe onsidered hazardous shall be disposed of within permitted area. Page 11 of 16 12. 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. 4S 13. Bonding l f The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $25, 000.00 Blanket Bonds-s#it--to- cover the operation --as----- ndica-ted -on -the•--approved-=appli cati.nri.- �` { This security must remain in force for this permit to be valid. The total affected land shall not exceed the bondedS acreage. 14. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 of 16 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Mininum standards As Provided By G.S. 74^53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. Page 13 of 16 RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation for the 1993-2403 permit period shall be: 1) backfill the mine excavations to original elevation or higher except in those areas where approved wetlands mitigation projects are required (the final elevations may be below original surface elevations), 2) stabilize all waste disposal areas and settling ponds, and 3) regrade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. Reclamation of mined land and settling ponds shall be accomplished in two phases: 1) physical restoration and 2) revegetation. Physical restoration shall be accomplished by 1) backfilling with bucket wheel excavator (overburden) material and dragline cast material, 2) backfilling with sand tailings from the flotation section of the mill, 3) backfilling with clay/gypsum blend, and 4) capping the top surface with a clay cap to enhance the establishment of vegetation. B. Upon completion of the backfilling activity noted in 2.A. above, the surface shall be graded to the desired final contours as indicated on the Final Reclamation Contours - Mine and Plantsite map dated October 21, 1992. C. Rehabilitation of the clay settling ponds at or associated with Texasgulf, Inc.'s mining operation shall include the desiccation of water from the surface of the ponds by the installation of drainage ditch systems. Such drainage systems, in addition to establishing vegetation including tree plantings, should aid in the consolidation of the clays in the ponds. These reclaimed clay ponds shall be utilized as wildlife habitats (i.e., fresh water wetlands) or, through extensive research, may be determined suitable as agricultural or forestry areas. In any event, the final contours of the surface of the clay ponds shall be in accordance with the Final Reclamation Estimated Contours - Charles Tract map dated October 21, 1992. Page 14 of 16 3. D. Every six (6) months Texasgulf, Inc. shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the following areas: 1) Charles Tract clay waste areas 2) Clay -gypsum blend areas 3) Gypsum stockpile areas 4) Sand tailings areas 5) other areas Each report shall include a specific plan and schedule for future reclamation and reclamation research. E. All settling ponds and sediment control basins used for sedimentation control shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. F. The processing, stockpile, and other disturbed areas neighboring the mine excavations shall be leveled and smoothed. G. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. H. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition 11 A and B. I. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetat,ignPlan: Disturbed areas at the site shall be permanently revegetated according to the following Revegetation Plan approved in the renewal application by Mr. L. Gaylon Ambrose, Agricultural Extension Service, on June 9, 1992: Seeding recommendations: 1. Dike slope 3:1 or 4:1 - Spring/Summer Seeding Type Hulled bermudagrass Common sudangrass Japanese millet Rate (Pounds/Acre) 50 50 50 Page 15 of 16 2. Dike slope 3:1 or 4:1 - Fall Seeding Type Rate Pounds Acre Kentucky 31 Tall fescue 50 Crimson clover 25 3. Reclaimed Area, Flat or Gently Rolling - Fall Seeding Type Rate Pound Acre Alfalfa and other 20 soil improving legumes Fertilizer shall be applied to any area as recommended by soil test results. Interspersed with legumes areas, various types of adapted tree species shall be planted for wildlife habitat. Species such as green ash, bald cypress, sweetgum, sycamore, and red maple are commonly planted. Currently, there is an active research program to determine additional ground cover species that are adapted to the reclaimed areas, such as various legumes. Also, a variety of agricultural crops shall be planted to determine their suitability for future land use at the site. 4. Reclamation Plan: 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 shall be as described in the following table taken from the "Mine Permit 7-1 Renewal - Reclamation Schedule" dated July 21, 1992: Page 16 of 16 A) R-Areas Final Reclamation R-Area Acres Reclaim Date,,,,(Year) R-1 476 1994 R-2 425 1997 R--3 945 2003 R-4 (N) 420 2002 R-4 (S) 260 2004 R-5* 520 2005 *R-5 includes Whitehurst Creek channelized drainage which will be .re-established and reclaimed four (4) years after mining through the area. Estimated date for final reclamation of channelized drainage is December 1997. B) Charles Tract Pon c es Acres Reclaim Data (year) 1 700 1993 2 156 1994 3 186 1995 4A 255 1994 4B 233 1995 5A 212 5B 323 *Pond Nos. 5A and 5B are potential areas for wetland mitigation. This permit, issued July 20, 1972, renewed July 20, 1982, and modified April 1, 1985, April 8, 1988, July 14, 1988, February 8, 1990, November 29, 1990, June 13, 1991, September 6, 1991, October 31, 1991, February 28, 1992, June 2, 1992, June 4, 1992, July 6, 1992, July 27, 1992 and July 28, 1992, is hereby contemporaneously renewed and modified this 4th day of January, 1993 pursuant to G.S. 74-52. By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment, Health and Natural Resources IMPORTANT To Date — Time WHILE MJUEOUT zz- of ram_ i p� Phoneme AREA CODE NUMBER EXTEN ION LHONED PLEASE CALLED TO SEE YOU WILL CALL AGAIN TS TO SEE YOU URGENT RETURNED YOUR Cr ALL SigL4 N.C. Dept. of Environment. Heal , and N ural ReSOUrc s 41a P—iedw Recycled Paper L" STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES FAX TRANSMITTAL COVER SHEET DATE f � q'2 FROM: <fW,q TA11Zt-., DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION P.O. BOX 27657 RALEIGH, NORTH CAROLINA 27611 (919) 7334574 FAX NUMBER: 733-2576 To: pugb wl U-11 kas ivA" 1 COMMEP WE ARE PAGES INCLUDING COVER 0 . . ........... . ... . . . . ........ . ...... — - -------- . .. ..... a r -.+c env -r7rdl � -,?nV A0V . �p�dm�'* �,.'.,�,� �m oat � G m � � (?.w..y�/M�, ..-..nr�'�f"i-m37 „7:"u7 '7-"P fi"' �7�� ate'-�r�1�v-ter ��s z -��* �� �� � ram- �r e7r� -�r -*Y Inv PI —I ■�-' a �� ;� ;; t �: C�w�w Y.�l�n+d�lw6ulVi«y- ver:-�° ,w+r1L d i. s State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Mardn, Govemor Charles K Cardr:or William W. (.oLwy, Jr.. 5f�-ret.,ry February 28, 1992 Director Mr. W. A. Schimming, Manager Et�r r�r,men'.: a 1_ >er_ •�ir_es P.O. for: 48 MCC.1Li �t� r1 'Kequest to Acid and Allow Mining on 700 Acres Mining Permit No. 7-01 BE'aut ) t ("ounty Dear Mr. Schimming: The review has been completed on your request for of the above referenced mining permit to include the 700 acre mine advance south of the current permitted area. Your request is hereby approved provided that the detailed plans and specifications provided with the permit modification application dated October 11, 1991 and the supplemental information dated December 23, 1991 are strictly followed, as well as the following stipulations: 1.) that the 700 acre modification is reduced by an acreage sufficient to provide a 100 foot wide undisturbed buffer along both sides of Whitehurst Creek downstream of SR 1937. The 100 foot wide buffer may be relaxed at locations required for installation of the sedimentation control structures submitted as part of the permit modification request. 2.) that the undisturbed hydrology of Whitehurst Creek be maintained by pumping groundwater into the uppermost portion of the creek at a rate to attempt to match the pre -mined, undisturbed hydrology of the creek. This requirement should P.O. Box 27687 a, Raleigh. NC 27611-7687 • Telephone M9y 73 3-383 3 An Equal oppomraty AfRm atfve Ac&m fmploM Mr. W. A. Schimming February 28, 1992 Page 2 maintain the aquatic life in the creek and maintain the natural salinity levels at the mouth of Whitehurst Creek at `youth Creek. They rate of pumping shall be determined by modeling the natural hydrology of the system before land disturbance is ,initiated. A local rain gauge and local (relatively undisturbed) stream monitoring may be needed. The Division of Environmental Management, Water Quality je-tion (DEM/WQS) , steal_! be contacte d to develop .a conceptual scheme for this activity. However, the computer modeling and operation will be `i'exasgulf, Inc.'s :pra;isibi l i.t�. rior1i _�>~ i.ncj/.n eortIng system sh I ,i sc� 7 } +� �J_i t1y✓t i) .1{ fi.)"_E i1p11t _-ipq wl! -Jl cI n ,:t�C�F?, m, if_ �ti:�ueznir�g temedial act -ions that will be taken if necessary - The above referenced information shall meet with the DEM/WQS's written approval prior to any land disturbing activity in the 700 acre modification area. 3.) that no mining activities shall occur in the streambed of Whitehurst Creek until either a 401 Water Quality Certification has been obtained or the Environmental Management Commission has granted a variance -and the Environmental Protection Agency has concurred with said variance. 4.) that any mining related activities in the subject expansion area shall be in accordance with all applicable state and federal water quality rules and permit requirements (i.e., Division of Environmental Management, Division of Coastal Management, U.S. Army Corps of Engineers, etc.). 5.) that an additional application for modification of Mining Permit No. 7-01 will be required if Texasgulf, Inc. intends to mine through the streambed of Whitehurst Creek downstream of SR 1937. a Mr. W_ A. Schimming February 28, 1992 Page 3 Please attach this modification approval Letter to your existing mining permit document (Mining 'POrmi.t No_ 7-01) for future reference. if you should have any questions can the above, please advise. '11.G/ TEf)j t�-j Mr. Tracy Davis - LpS Mr. Floyd Williams - LQS Mr. Dennis Stewart - WRC Mr. Steve `redder - DEM Mr. John Dorney - DEM Mr. John Parker - CA -MA Mr. Bilk Flournoy - P&A Very truly yours, Charles _- Gardner_, P.G.. P.E. State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor October 31 1991 Charies H. Gardner William W. Cobey, Jr., Secretary, Director Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Reactivation of Gypsum Pile 3/4 Dear Mr. Schimming: This office has reviewed your letter c= August 28, 1991 to Mr. Jim Mulligan, Regional Supervisor, Washington Division of Environmental Management, and the report f,r Ardaman & Associates, Inc. entitled "Support Document - Permit Aplication to Reactivate Gypsum Pile 3/4 - Texasgulf Phosphate Operations, Aurora, North Carolina" dated August 26, 1991. The reacz:ivation of Gypsum Pile 3/4 is hereby approved provided that the above referenced report is strictly followed as well as the following stipulations: (1) that all necessary permits be obtained from the Division of Environmental Management :n order to conduct this activity. (2) that all clay material to be utilized for the underliner be obtained on from: (a, an area south of the existing mine activity, as close t� the mine activity as possible, (b) an area agreed tc by the Corps of Engineers as a nonjurisdictional wetland area and (c) an area within the approved mining permit area of Mining Permit No. 7-01. Please attach this approval letter =o your existing mining permit document (Mining Permit No. 7-01) f:�r future reference. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Floyd Williams P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephont (919) 733-3833 An Equal Opportunity Affirmative Action Ernnoyer A • y ' � State of North Carolina Department of Environment, Health, and Natural resources Division of Land Resources James G. Martin, Governor William W. Cobey, Jr., Secretary September 6, 1991 Mr. Jeffrey C. Furness, Environmental Scientist Environmental Services Texasgulf, Inc. P . 0. Box 48 Aurora, NC 27806 RE: Modification of Mining Permit No. 7-01 Lee Creek Mine Beaufort County Dear Mr. Furness: Charles H. Gardner Director The review has been completed on your request for modification of the above referenced mining permit to include the construction of a new sulfur rail unloading system adjacent to your current sulfur tracks at your plant site. Your request is hereby approved provided that the Erosion Control Plan AFE N-605 Sulfur Unloading Facility prepared by Texasgulf, Inc. dated August 27, 1991 is strictly followed as well as the following stipulation: that operation of said facility shall be in accordance with all applicable rules and permit requirements promulgated by the Environmental Management Commission. Please attach this modification approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/se cc: Mr. Tracy Davis Mr. Floyd Williams P.O. Box 27687 • Raleigh, N.C. 27611-7667 • Telephone (919) 733-3833 An Equal Opportunity Afiirmattve Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemar October 31 1991 Willam W. Cobey, Jr., Secretary , Mr. W. A. Scnimming, Manager Environmental Services Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Second Trial, Capping of R-2 Blend Area Dear Mr. Schimming: Charles H. Gardner Director This o-ffice has reviewed your letter of August 30, 1991 concerning your company's intentions to conduct a second trial capping of the R-2 blend area with a 4:1 sand to clay cap ratio. As you intend to limit the area upon which the 4:1 sand to clay cap will be placed to approximately 35 acres or about 10% of the total area of R-2, this office hereby approves the second trial capping of R-2. I look forward to reviewing the results of these trial capping activities. Hopefully, this method of capping future blend areas will provide your company better and quicker access to conduct timely reclamation of these areas. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Floyd Williams P.O. Box 27687 • Raleigh. N.C. 27611-7687 + Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G• Martin, Governor Charles H. Gardner William W. Cobey, Jr., Secretary Director June 13., 1991 Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P. 0. Box 48 Aurora, NC 27806 RE: Modification of Mining Permit No. 7-01 Lee Creek Mine Beaufort County Dear Mr. Schimming: The review has been completed on your request for modification of the above referenced mining permit to include the 250 acre mine advance within the current permitted area, the relocation of the perimeter outfall canal west of its current location, and the relocation of 2,200 feet of a farmland drainage canal due to the proposed westward movement of the mining operation. Your request is hereby approved provided that the Sedimentation and Erosion Control Plan prepared by Robert M. Chiles, P.E. dated April 18, 1991 is strictly followed as well as the following stipulations: (1) that 50 pounds per acre of Pensacola Bahiagrass be added to the Vegetative Plan on page 9 of the above mentioned Plan. (2) that minimum 2 horizontal to 1 vertical sideslopes be provided for the Mine 0utfall Canal Toe Silt Ditch. Please attach this modification approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/se cc: Mr. Tracy Davis Mr. Floyd Williams P.O. Box 27687 * Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Af rn-tadve Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources jarnes G. Martin, Governor Wiliam 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 prior 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 0 Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer Mr. W. A. Schimming 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 cc: Mr. Tracy Davis Mr. Floyd Williams Page 6 of 11 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 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 mine excavation stockpile gypsum 8. Annual Reclamation Report 1982-1991 a portion of the backfilled area will continue to be used to (G-3,4,5; G-1; G-2; G-6). 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. Surma 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. } �u 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 February 8, 1990 Director Mr. W. A. Shimming Manager, Environmental Affairs Texasgulf, Inc. P. 0. Box 48 Aurora, North Carolina 27806 RE: Modification Request to Add 160 Acres Mining Permit No, 7-01 Beaufort County Dear Mr. Shimming: The review of your modification request dated January 2, 1990 has been completed. Your request, as proposed, is hereby approved ti,.ith the following stipulations: (1) Surficial water monitoring wells shall be installed in the wetlands adjacent to the proposed excavation. Said wells shall be provided in locations approved by the Washington Regional Office, Groundwater and Water Quality Sections. (2) If said wells detect a drop relative' to control wells, the operator shall "bleed -off" water from the perimeter ditch to restore the water balance in the wetlands. (3) The operator shall provide the Land Quality Section with the results of the study currently being conducted in the area and shall request future modifications to this permit as a result of any pertinent conclusions made in said study relative to maintaining the water table in wetlands adjacent to the permitted mine area. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer Mr. W. A. Shimming February 8, 1990 Page 2 Please attach this letter to your existing mining permit for future reference. Should you have any questions on the above, please advise Mr. Tracy Davis, Acting State Mining Specialist at (919) 733-4574. Very truly yours, Stephen G. Conrad SGC/TED/se cc: Mr. Charles Gardner Mr. Tracy Davis Mr. Floyd Williams 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 July 14, 1988 Director Mr. W. A. Schimning Manager, Environmental Affairs Texasgulf Inc. P. 0. Box 48 Aurora, North Carolina 27806 RE: Permit V--1 Lee Creek Mine Beaufort County Dear Mr. Sch zg : Your recent request to have Mining Permit No. 7-1 for Lee Creek Mine in Beaufort County amended has been approved. A copy of the amended permit is enclosed. 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. The expiration date, mine name and permit number shall rein the same as before the amendment. Mr. Gardner and I have reviewed the first interim reclamation report and we find the format and contents of that report to be acceptable. Your efforts in this area are welcomed. Please review the amended permit and advise this office at (919) 733-4574 should you have any question concerning this matter. Your continued cooperation is appreciated. Sincerely, �omas E. Carroll, P.G. Mining Specialist Land Quality Section TEC/se Enclosure cc: Mr. Floyd Williams, P.G. P.O. Box 27687, Raleigh, North Carolina 27611-76U Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources Jaynes G. Martin, Governor Charles H. Gardner, P.G., PE.. William W. Cobey, Jr., Secretary July 27, 1992 Director and State Geologist Mr. J. C. Furness, Environmental Scientist Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Mine Utility Corridor Revision - 700-acre Expansion Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Furness: This letter is in response to your letter to me dated July 17, 1992 and to confirm, in writing, the approval I granted to you during our July 17, 1992 telephone conversation regarding the above matter. Your request has been approved to place a 30-inch culvert in each of the uncut lead ditches and for the subsequent placement of coarse granular washer reject material over said culverts to allow equipment access to the mine utility corridor area along the perimeter of the 700-acre mine expansion. The fact that the lead ditches are heavily vegetated, existing rock check dams are located at the end of each lead ditch (before they combine to form the headwaters of Whitehurst Creek), and you will place and maintain silt fence at the toe of the reject material at each culvert location, this office feels that this procedure will fulfill your requirements to allow water to continue to flow to Whitehurst Creek without causing sedimentation. For your information, the Land Quality Section has received and is currently reviewing your renewal and modification request for this site. However, to date, this office has not received a formal letter and major modification fee to address the changes made in the 700-acre expansion plan as a result of the recently issued 401 Water Quality Certification. Please forward these documents as soon as possible to Mr. Tracy Davis so they can be incorporated in your renewal and modification package. Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2423 (919) 7334574 (919) 733-3836 P.O. Box 27687 - Raleigh, N.C. 27611-7687 - Telephone (919) 733.3833 An Equal Opportunity Affirmative Action Employer Mr. Furness July 24, 1992 Page 2 This office appreciates your company's continued cooperation in keeping us abreast of any changes in the permit approvals granted to your company for this mine site. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams w nA7? State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Charles H. Gardner, P.G., RE, William W. Cobey, Jr., Secretary July 6, 1992 Director and State Geologist Mr. W.A. Schimming, Manager Environmental Affairs Texasgul f , Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Modification Request - Development Plan for the Mine Utility Corridor around the 700-acre Modification Area Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: This office has completed its review of your request to modify the above referenced mining permit to allow the development of the mine utility corridor around the 700-acre modification area. This is proposed to be accomplished by leaving four (4) gaps in the perimeter canal system to permit water to continue to flow through the existing lead ditches into the headwaters of Whitehurst Creek. As the Division of Environmental Management has recently issued a 401 Water Quality Certification for the 700-acre modification area, your request is hereby approved, as indicated in your letter to me dated May 12, 1992 and corresponding Pre Mining Development To Meet Mining Schedule plan dated May 7, 1992, including approval to construct the entire utility corridor without the proposed gaps, provided that the following stipulations are met: 1.) all conditions and requirements specified in the 401 Water Quality Certification (No. 2748) issued June 30, 1992 by the Division of Environmental Management shall be followed. 2.) adequate erosion and sedimentation control measures shall be installed and maintained downstream of any land disturbing activity related to the construction of the mine utility corridor, most specifically in those areas where water may flow directly into the headwaters of Whitehurst Creek. GeolobAcal Survey Section Land Quality Section Gecxietic Survey Section (919) 733-2423 (919) 733-4574 (919) 733.3836 P.O. Box 27687 • Raleigh, I.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer Mr. Schimming July 6, 1992 Page 2 3.) no mining activities shall be conducted in the 700-acre modification area (with the exception of the recent clay borrow pit approval) until Texasgulf, Inc. has satisfied all of the requirements outlined in my February 28, 1992 approval letter. address any changes made to the mine/reclamation plan..greviously approved by Tay February 8 199 letter. Please attach this approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor June 4, 1992 Charles H. Gardner, P.G., P.E.. William W. Cobey, Jr., Secretary Director and State Geologist Mr. W.A. Schimming, Manager Environmental Affairs Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Modification Request for Clay Borrow Area Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: This office has completed its review of your request to modify the above referenced mining permit to allow borrow pit activities in the 700-acre modification area (upstream of SR 1937) prior to implementing the hydrology modeling and monitoring requirements as required by my February 28, 1992 letter. The purpose of this activity is to obtain clays for use in reconstructing liners for gypsum piles 3 and 4 at your facility. Your request is hereby approved provided that all borrow activities are restricted to the Proposed Borrow Pit Area as delineated on the map dated April 30, 1992 with the following stipulations:, 1.) Appropriate erosion and sedimentation control measures, such as a horseshoe gravel filter at the upstream end of the culvert under SR 1937 or other acceptable alternative, shall be utilized and maintained to prevent offsite sedimentation into the headwaters of Whitehurst Creek, 2.) No other mining activities shall occur in the 700-acre modification area until all of the conditions of my February 28, 1992 letter have been met. Please attach this approval letter to document (Mining Permit No. 7-01) for future any questions on the above, please advise. CHG/TED/td cc: Mr. Floyd Williams Geological Survey Section (919) 733.2423 Very truly Charles H. Land Quality 5cction (919) 733-4574 your existing mining permit reference. If you should have yours, Gardner, P.G., P.E. Geodetic Survey Section (919) 733-3836 P.O. Box 27687 • Raleigh, N.C. 27611.7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor June 2, 1992 Charles H. Gardner, P.G., P.E. William W. Cobey, Jr., Secretary Director and State Geologist Mr. W.A. Schimming, Manager Environmental Affairs Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Modification Request - Capping of R-2 Reclamation Area Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: This office has completed its review of your request to modify the above referenced mining permit to allow capping of the R-2 blend area with a clay cap, 18 to 24 inches thick. This request has been made to enhance tree growth and provide additional data/ between surfaces of clay/gypsum blend and clay capping for future consideration in mine reclamation areas. Your request is hereby approved, as indicated in your letter to me dated May 14, 1992 and the memorandums to you from Dr. Stephen Broome and Mr. Don Millman dated May 7, 1992 and May 11, 1992, respectively, provided that this capping process does not result in impoundment of water against the dikes. Please attach this approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams Geological Survey Section Land Quality Section (919) 733-2423 (919) 733-4574 Geodetic Survey Section (919) 733-3936 P.O. [fox 27687 • Raleigh, N.C. 27611-7687 * Telephone (919) 733-3833 An Equal Opportunity Affirmativc Action EmployUr I1 1 I :r WIDI►Y s . a 1 - �1-1KWu' ui ►Iowal)RNaifi)� 4MLN 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 lams, rules and regulations Permission is hereby granted to: Texasgulf Inc. 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 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, ccnipleted 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 indicates otherwise, terms shall the Mining Act, N.C.G.S. 74-49. Expiration Date this permit, unless the context clearly have the same meaning as supplied by 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 CBEMICAL COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR PERMIT MODIFICATION REQUEST 1984-1991" and accampanyi.ng 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 anent request dated September 10, 1987. 2. Protection of Air Quality A. Any burning because of 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 QuaUi _ A. Any wastewater processing or mine dewateri.ng 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 fram 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 a NPDES permitted discharge. 8. During the prestrip 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 NPDES discharge. 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. Management _orps of 5. Compliance With Office of Coastaland U.S. ArmyC 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 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 (mini.mum 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. D. 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. 7. Waste Dis22sal A. Overburden: 1. The upper unconsolidated 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 ❑f dredges for removal of overburden shall be terminated by 1990. 2. The remaining overburden 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 for internal road construction and maintenance, and may be made available to State and local governmental bodies. 2. 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. 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 (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--6). 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 fine 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 A 1 APPROVED FMAMATION 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 1982-1992 permit period shall be: 1) backfill the mine excavations to original elevation or higher except as required for approved wetlands mitigation projects, the final elevations may be below original surface elevations; 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 SWE 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 and some will be diked up to elevations in accordance with any dam safety permit issued by the Department. 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, comnit 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 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. 3. Revegetation Plan A. The revegetation plan is concerned with vegetating four basic soil types: 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 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 -- Fall Seeding Rate (Pounds/Acre) TyEe 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 - Sprang/Summer Seeding Rate (Pounds/Acre) 2 200 Kentucky 31 Tall Fescue 25 Hulled Bermudagrass 30 Korean Lespedeza 15 Scarified Sericea Lespedeza 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. 3. Dike slope 2:1 or 3:1 Spring/Summer Seeding Rate (Pounds/Acre) TXpe 15 Hulled Bermudagrass 15 Kobe or Korean Lespedeza 15 German millet . r Page 10 of 11 4. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (Pound/Acre) T 40 Kentrucky 31 Tall Fescue 4 Ladino clover 20 Winter rye 5. Reclaimed Area -Flat or gently rolling - Spring Seeding Rate (Pounds/Acre) Type 40 4 20 Kentucky 31 Tall Fescue Ladino clover Can= sudangrass Areas seeded according to recommendation no. 4 or no. 5 shall also be mulched where feasible with grain straw or other suitable material 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 seedi.ngs 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 corms in naturally because of the adjacent pine forests. 6. Reclaimed Area - Flat or gently rolling Rate (Pounds/Acre Type 15 Biennial Sweetclover or equivalent legume 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. Page 11 of 11 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. 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, April. 8, 1988 and on July 14, 1988 pursuant to G.S. 74-52. t Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development. w E � • � State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources Jaynes G. Martin, Governor Charles H. Gardner, F.G., P.E.. William W. Cobey, Jr., Secretary July 27, 1992 Director and State Geologist Mr. J. C. Furness, Environmental Scientist Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Mine Utility Corridor Revision - 700-acre Expansion Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Furness: This letter is in response to your letter to me dated July 17, 1992 and to confirm, in writing, the approval I granted to you during our July 17, 1992 telephone conversation regarding the above matter. Your request has been approved to place a 30-inch culvert in each of the uncut lead ditches and for the subsequent placement of coarse granular washer reject material over said culverts to allow equipment access to the mine utility corridor area along the perimeter of the 700-acre mine expansion. The fact that the lead ditches are heavily vegetated, existing rock check dams are located at the end of each lead ditch (before they combine to form the headwaters of Whitehurst Creek), and you will place and maintain silt fence at the toe of the reject material at each culvert location, this office feels that this procedure will fulfill your requirements to allow water to continue to flow to Whitehurst Creek without causing sedimentation. For your information, the Land Quality Section has received and is currently reviewing your renewal and modification request for this site. However, to date, this office has not received a formal letter and major modification fee to address the changes made in the 700-acre expansion plan as a result of the recently issued 401 Water Quality Certification, Please forward these documents as soon as possible to Mr. Tracy Davis so they can be incorporated in your renewal and modification package. Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2.423 (919) 7334574 (919) 733-3836 P.O. Box 27687 • Raleigli, NC. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer Mr. Furness July 24, 1992 Page 2 This office appreciates your company's continued cooperation in keeping us abreast of any changes in the permit approvals granted to your company for this mine site. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc. Mr. Tracy Davis Mr. Floyd Williams State of North Carolina Department of Environment, Health, and Natural Resources Division of Ind Resources James G. Martin, Governor Charles H. Gardner, P.G., RE - William W. Cobey, Jr., Secretary July 28, 1992 Director and State Geologist Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Reclamation Target bates Lee Creek Mine Permit No. 7-01 Beaufort county Dear Mr. Schimming: Thank you for your prompt response to my July 13, 1992 letter regarding target dates for reclamation of the disturbed areas under Mining Permit No. 7-01. Please be advised that this letter hereby extends the reclamation deadlines in your mining permit to those provided in your letter to me dated July 22, 1992. The extended deadlines will be incorporated into the Land Quality Section's review of your renewal request and, if a renewal permit is issued, the deadlines will be specified in the mining permit as permit conditions. In regards to your request for an extension of the expiration date of your mining permit, your request is hereby granted as your company has made a timely request for renewal of your permit prior to its expiration. You will be required to continue to operate under the existing permit conditions and approvals until such time as your renewal request has been granted or denied. If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. TED/td cc: Mr. Tracy Davis Mr. Floyd Williams Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2423 (919) 733-4574 (919) 733-3836 P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer �S^,r State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Charles H. Gardner, P.G., P E.. William W. Cobey, Jr., Secretary July 1.3, 1992 Director and State Geologist 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 of your transmittal of the descriptions of reclamation activities conducted at the Lee Creek Mine for the first half of 1992 and the reclamation plans for the second half of 1992, as required by your mining permit. Please be advised that this office will need your company's ­--- reclamation -schedule tied down for all waste areas as part of the mining permit renewal request. This will involve providing target dates for completion of each mine area/segment including final reclamation dates for each waste area. Please extend to Mr. Regan and all appropriate employees my compliments on the work your company is doing and its direction toward final reclamation of the Charles Tract and blend waste areas. With continued consistent determination in ditching, drying, weed control, and planting in conjunction with timely target dates, I believe the result will be final waste area reclamation your company can be very proud of. This office looks forward to the submittal of the above schedule and target dates in the very near future. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams Geological Survey Section Land Quality Section Geodetic Survey Section (919) 733-2423 (919) 7334574 (919) 733 3836 RO. Box 27687 • lbleigh, N.C. 27611-7687 • Telephone (919) 733-3&33 An Equal Opportunity Affirmative Action Emptover State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Charles H. Gardner, P.G., P.E.. William W. Cobey, Jr., Secretary July 6, 1992 Director and State Geologist Mr. W.A. Schimming, Manager Environmental Affairs Texasgulf, Inc. P.O. Box 48 Aurora, North Carolina 27806 RE: Modification Request - Development Plan for the Mine Utility Corridor around the 700-acre Modification Area Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: This office has completed its review of your request to modify the above referenced mining permit to allow the development of the mine utility corridor around the 700-acre modification area. This is proposed to be accomplished by leaving four (4) gaps in the perimeter canal system to permit water to continue to flow through the existing lead ditches into the headwaters of Whitehurst Creek. As the Division of Environmental Management has recently issued a 401 Water Quality Certification for the 700-acre modification area, your request is hereby approved, as indicated in your letter to me dated May 12, 1992 and corresponding Pre Mining Development To Meet Mining Schedule plan dated May 7, 1992, including approval to construct the entire utility corridor without the proposed gaps, provided that the following stipulations are met: 1.) all conditions and requirements specified in the 401 Water Quality Certification (No. 2748) issued June 30, 1992 by the Division of Environmental Management shall be followed. 2.) adequate erosion and sedimentation control measures shall be installed and maintained downstream of any land disturbing activity related to the construction of the mine utility corridor, most specifically in those areas where water may flow directly into the headwaters of Whitehurst Creek. Geolo6'ieal Survey Section Land Quality Section (919) 733-2423 (919) 733-4574 Geodetic Survey Section (919) 733.3836 P.O. Box 27687 • Raleigh, N.C. 27b11-7687 • Zelephone (919) 733-3833 An Equal Opportunity Affirmative Acrim Eniplo}nr Mr. 5chimming July 5, 1992 Page 2 3.) no mining activities shall be conducted in the 700-acre modification area (with the exception of the recent clay borrow pit approval) until Texasgulf, Inc. has satisfied all of the requirements outlined in my February 28, 1992 approval letter. Most_ specif_ically_- a modification requestand corresponding processing fee must be submitted to and approved by -this -office to address any changes made to the mine Zreclamation plan previously approved by my February 28, 1992 letter. Please attach this approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams s State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor June 4, 1992 Charles H. Gardner, P.G., P.E. William W. Cobey, Jr., Secretary Director and State Geologist Mr. W.A. Schimming, Manager Environmental Affairs Texasgulf, Inc. F.O. Box 48 Aurora, North Carolina 27806 RE: Modification Request for Clay Borrow Area Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. schimming: This office has completed its review of your request to modify the above referenced mining permit to allow borrow pit activities in the 700-acre modification area (upstream of SR 1937) prior to implementing the hydrology modeling and monitoring requirements as required by my February 28, 1992 letter. The purpose of this activity is to obtain clays for use in reconstructing liners for gypsum piles 3 and 4 at your facility. Your request is hereby approved provided that all borrow activities are restricted to the Proposed Borrow Pit Area as delineated on the map dated April 30, 1992 with the following stipulations:. 1.) Appropriate erosion and sedimentation control measures, such as a horseshoe gravel filter at the upstream end of the culvert under SR 1937 or other acceptable alternative, shall be utilized and maintained to prevent offsite sedimentation into the headwaters of Whitehurst Creek. 2.) No other mining activities shall occur in the 700-acre modification area until all of the conditions of my February 28, 1992 letter have been met. Please attach this approval letter to your existing mining permit document (Mining Permit No. 7-01.) for future reference. If you should have any questions on the above, please advise. CHG/TED/td cc: Mr, Floyd Williams Geological Survey Section (919) 733.2423 Very truly yours, Charles H. Gardner, P.G., P.E. Land Quality Section Geodetic Survey Section (919) 733-4574 (919) 733-3836 P.O. Box 27687 • Raleigh, N.C. 27611-7687 • Telephone (919) 733.3833 An Equal Opportunity Affirmative Action Employer ft,a State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor June 2, 1992 Charles H. Gardner, F.C., RE., William W. Cobey, Jr., Secretary Director and State Geologist Mr. W.A. Schimming, Manager Environmental Affairs Texasgulf, Inc. P.O. BOX 48 Aurora, North Carolina 27806 RE: Modification Request - Capping of R-2 Reclamation Area Lee Creek Mine Mining Permit No. 7-01 Beaufort County Dear Mr. Schimming: This office has completed its review of your request to modify the above referenced mining permit to allow capping of the R-2 blend area with a clay cap, 18 to 24 inches thick. This request has been made to enhance tree growth and provide additional data/ between surfaces of clay/gypsum blend and clay capping for future consideration in mine reclamation areas. Your request is hereby approved, as indicated in your letter to me dated May 14, 1992 and the memorandums to you from Dr. Stephen Broome and Mr. Don Millman dated May 7, 1992 and May 11, 1992, respectively, provided that this capping process does not result in impoundment of water against the dikes. Please attach this approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Mr. Tracy Davis Mr. Floyd Williams Geological Survey Section land Quality Section (919) 733-2423 (919) 733-4574 Geodetic SurVCV Season (919) 733-3836 P.U. Box 27687 • Raleigh, NC. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin. Gave;nor Charles [!.Gar dn!r Wiliam W. Couey, Jr.. Ser.is,Tary February 28, 1992Director Mr. W. A. Schimming, Manager P5u Y 1l iiI i tJI] r:`'t i �L i.0 Add and .'' i.low M_J nii,i 4 Of] /00 AC-r S Minir,g Permit No. 7-01 Dear Mr. Sch.>_mming: The review has been completed on your request for 7f r'ne above referenced mining permit to include the 700 acne mine advance south of the current permitted area. Your request is hereby approved provided that the detailed plans and specifications provided with the permit modification application dated October 11, 1991 and the supplemental information dated December 23, 1991 are strictly followed, as well as the following stipulations: 1.) that the 700 acre modification is reduced by an acreage sufficient to provide a 100 foot wide undisturbed buffer along both sides of WhitehursL Creek downstream of SR 1937. The 100 foot wide buffer may be relaxed at locations required for installation of the sedimentation control structures submitted as part of the permit modification request. 2.) that the undisturbed hydrology of Whitehurst Creek be maintained by pumping groundwater into the uppermost portion of the creek at a rate to attempt to match the pre -mined, undisturbed hydrology of the creek. This requirement should P.O. Box 27687 •, ka1dgh. N.C. Z7611-7687 e. Tdephom 4919) 733-3833 An Equal Oppoewnhy AMmumtve Action Empbycr Mr. W. A_ Schimming February 28, 1992 Page 2 maintain the aquatic life in the creek and maintain the natural salinity levels at the mouth of Whitehurst Creek at South Creek- 1'he rate of pumping shall be determined by modeling the natural hydrology of the system before Land disturbance is initiated. A local, rain gauge and local (relatively undisturbed) stream monitoring may be needed. The Division of Environmental Management, Water Quality f7I'".tiii�`(;.:`] 1 shal_: L�i7 C=On 3C10E'. to develop a conceptual scheme for this activity. However, the computer modeling and operation will be T—xasgul f , Inc _ ' �- _C)nS?bi Iity. A F1011?7I.i?�, r�1t7I"�'—jg c- ;)Cr_ w_ :1 F"�'..�`. i __ w'h!i_1 :J .. :-il a,"1 ,. "t_',:i•-�1�. u: c erni;?g remedial d-cZ� ;ls that will be taken ir necessar:y. The above referenced information shall meet with the DEM/'WQS's written approval prior to any land disturbing a -IL 1'_y .in the 700 acre modification area. 3.) that no mining activities shall occur in the streambed of Whitehurst Creek until either a 401 Water Quality Certification has been obtained or the Environmental Management Commission has granted a variance and the Environmental Protection Agency has concurred with said variance. 4.) that any mining related activities in the subject expansion area shall be in accordance with all applicable state and federal water quality rules and permit requirements (i.e., Division of Environmental Management, Division of Coastal Management, U.S. Army Corps of Engineers, etc.)- 5.) that an additional application for modification of Mining permit No. 7--01 will be required if Texasgulf, Inc. intends to mine through the streambed of Whitehurst Creek downstream of SR 1937. L Mr. W. A. Schimminq February 28, 1992 Page 3 Please attach this modification approval letter to your eyistinq minin(.,, lel­mit document ',"i it No. 7-ol) - 4. P " % , n inq r--m' tor J_ U ture ref Lf you shoul(I Lhave an-Y questions on the above, please advise. very truly yours, r i!"" a Char: _-T"dner, V) G P E. I- _. L-.-. � Mr - Tracy Dav_;Is - E4-QS Mr. FJJvd WilL�61ris - LQS Mr. De,-'nis Stewart - WRC Mr . 7tev-1-1. TedSler Mr. John Dorney - DEM Mr. John Parker - CAMA Mr. Bill Flourrioy - P&A Mr. W. A. Schimminq February 28, 1992 Page 3 Please attach this modification approval letter to your eyistinq minin(.,, lel­mit document ',"i it No. 7-ol) - 4. P " % , n inq r--m' tor J_ U ture ref Lf you shoul(I Lhave an-Y questions on the above, please advise. very truly yours, r i!"" a Char: _-T"dner, V) G P E. I- _. L-.-. � Mr - Tracy Dav_;Is - E4-QS Mr. FJJvd WilL�61ris - LQS Mr. De,-'nis Stewart - WRC Mr . 7tev-1-1. TedSler Mr. John Dorney - DEM Mr. John Parker - CAMA Mr. Bill Flourrioy - P&A o State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Marfin, Governor October 31 , 1991 Chades H, Gardner William W. Cobey, Jr., Secretary Director Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P.Q. Box 48 Aurora, North Carolina 27806 RE: Reactivation of Gypsum Pile 3/4 Dear Mr. Schimming: This office has reviewed your letter c_f August 28, 1991 to Mr. Jim Mulligan, Regional Supervisor, Washington Division of Environmental Management, and the report '-y Ardaman & Associates, Inc. entitled "Support Document - Permit Aplication to Reactivate Gypsum Pile 3/4 - Texasgulf Phosphate Operations, Aurora, North Carolina" dated August 26, 1991. The reactivation of Gypsum Pile 3/4 is hereby approved provided that the above referenced report is strictly followed as well as the following stipulations: (1) that all necessary permits be obtained from the Division of Environmental Management _n order to conduct this activity. (2) that all clay material to be utilized for the underliner be obtained only from: (a} an area south of the existing mine activity, as close L_o the mine activity as possible, (b) an area agreed tc by the Corps of Engineers as a nonjurisdictional wetland area and (c) an area within the approved mining permit area of Mining Permit No. 7-01. Please attach this approval letter -o your existing mining permit document (Mining Permit No. 7-01) f=r future reference. If you should have any questions on the above, please advise. Very truly yours, f Charles H. Gardner, P.G., P.E. CHG/TED/td CC,. Mr. Floyd Williams P.O. Box 27687 • Raleigh, N.C. 27611-7687 + Telephon- (919) 733-3833 An Equal Opportunity Affirmative Action Em_ cyer I State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor October 31 1991 Wiliam W. Cobey, Jr., Secretary Mr. W. A. Scnimming, Manager Environmental Services Texasgulf, Inc. P.O. Box 48 Aurora, Nortn Carolina 27806 RE: Second Trial Capping of R-2 Blend Area Dear Mr. Schimming: Charles H. Gardner Director This office has reviewed your letter of August 30, 1991 concerning ,--our company's intentions to conduct a second trial capping of the R-2 blend area with a 4:1 sand to clay cap ratio. As you intend to limit the area upon which the 4:1 sand to clay cap will be placed to approximately 35 acres or about 100 of the total area of R-2, this office hereby approves the second trial capping of R-2. I look forward to reviewing the results of these trial capping activities. Hopefully, this method of capping future blend areas will provide your company better and quicker access to conduct timely reclamation of these areas. Very truly yours, Charles H. Gardner, P.G., P.E. CHG/TED/td cc: Floyd Williams P_O. Box 27687 • Raleigh, N,C. Z7611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer t S . µ a 9 .State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor Wlllam W, Cobey, Jr., Secretary September 6, 1991 Mr. Jeffrey C. Furness, Environmental Scientist Environmental Services Texasgulf, Inc. P. 0. Box 48 Aurora, NC 27806 RE: Modification of Mining Permit No. 7--01 Lee Creek Mine Beaufort County Dear Mr. Furness: Charles H. Gardner Director The review has been completed on your request for modification of the above referenced mining permit to include the construction of a new sulfur rail unloading system adjacent to your current sulfur tracks at your plant site. Your request is hereby approved provided that the Erosion Control Plan AFE N-605 Sulfur Unloading Facility prepared by Texasgulf, Inc. dated August 27, 1991 is strictly followed as well as the following stipulation: that operation of said facility shall be in accordance with all applicable rules and permit requirements promulgated by the Environmental Management Commission. Please attach this modification approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/se cc: Mr. Tracy Davis Mr. Floyd Williams P.O. Box 27687 • Raleigh, N,C. 2761,1-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer 0 State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Governor William W. Cohey, Jr., Secretary June 13., 1991 Mr. W. A. Schimming, Manager Environmental Services Texasgulf, Inc. P. 0. Box 48 Aurora, NC 27806 RE: Modification of Mining Permit No. 7-01 Lee Creek Mine Beaufort County Dear Mr. Schimming: Charles H. Gardner Director The review has been completed on your request for modification of the above referenced mining permit to include the 250 acre mine advance within the current permitted area, the relocation of the perimeter outfall canal west of its current location, and the relocation of 2,200 feet of a farmland drainage canal due to the proposed westward movement of the mining operation. Your request is hereby approved provided that the Sedimentation and Erosion Control Plan prepared by Robert M. Chiles, P.E. dated April 18, 1991 is strictly followed as well as the following stipulations: (1) that 50 pounds per acre of Pensacola Bahiagrass be added to the Vegetative Plan on page 9 of the above mentioned Plan. (2) that minimum 2 horizontal to 1 vertical sideslopes be provided for the Mine Outfall Canal Toe Silt Ditch. Please attach this modification approval letter to your existing mining permit document (Mining Permit No. 7-01) for future reference. If you should have any questions on the above, please advise. Sincerely, Charles H. Gardner, P.G., P.E. CHG/TED/se cc: Mr. Tracy Davis Mr. Floyd Williams P.O. Box 27687 • Raleigh, N.C. 27611-7687 •'telephone (919) 733-3833 An Equal Opportunity AFiirmadve Action Employer State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources James G. Martin, Govemor William 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.4r 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 prior 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 • Raleigh, N.C. 27611-7687 • Telephone (919) 733-3833 An Equal Opportunity Affirmative Action Employer Mr. W. A. Schimming 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 cc: Mr. Tracy Davis Mr. Floyd Williams 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 (RI-R3) shall be maintained at the mine office and be available for review by Department personnel upon request. 4. Gypsum: During mine excavation stockpile gypsum 8. Annual Reclamation Report 1982-1991 a portion of the backfilled area will continue to be used to (G-3,4,5; G-1; G-2; G-6). 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. Surma 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. State of North Carolina Department of Environment, Health, and Natural Resources Division of Land Resources 512 Norte Salisbury Street Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad V/illiarn W. Cobey, Jr., Secretary February 8, 1990 Director Mr. W. A. Shimming Manager, Environmental Affairs Texasgulf, Inc. P. 0. Box 48 Aurora, forth Carolina 27806 RE: Modification Request to Add 160 Acres Mining Permit No. 7-01 Beaufort County Dear Mr. Shimming: The review of your modification request dated January 2, 1990 has been completed. Your request, as proposed, is hereby approved ti.;ith the following stipulations: (1) Surficial water monitoring wells shall be installed in the wetlands adjacent to the proposed excavation. Said wells shall be provided in locations approved by the Washington Regional Office, Groundwater and Water Quality Sections. (2) If said wells detect a drop relative'to control wells, the operator shall "bleed -off" water from the perimeter ditch to restore the water balance in the wetlands. (3) The operator shall provide the Land Quality Section with the results of the study currently being conducted in the area and shall request future modifications to this permit as a result of any pertinent conclusions made in said study relative to maintaining the water table in wetlands adjacent to the permitted mine area. P.O. Box 27687, Raleigh, North Carolina 276f i-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer i Mr. W. A. Shimming February 8, 1990 Page 2 Please attach this letter to your existing mining permit for future reference. Should you have any questions on the above, please advise Mr. Tracy Davis, Acting State Mining Specialist at (919) 733-4574. Very truly yours, Stephen G. Conrad SGC/TFD/se cc: Mr. Charles Gardner Mr. Tracy Davis Mr. Floyd Williams State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, .North Carolina 27611 Jaynes G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary July 14, 19BB Director Mr. W. A. Schinmiing Manager, Environmental Affairs Texasgulf Inc. P. O, Box 48 Aurora, North Carolina 27806 RE: Permit #7-1 Lee Creek Mine Beaufort County Dear Mr. Schim-ning: Your recent request to have Mining Permit No. 7-1 for Lee Creek Mine in Beaufort County amended has been approved. A copy of the amended permit is enclosed. 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. The expiration date, mine name and permit number shall remain the same as before the amendment. Mr. Gardner and I have reviewed the first interim reclamation report and we find the format and contents of that report to be acceptable. Your efforts in this area are welcomed. Please review the amended permit and advise this office at (919) 733-4574 should you have any question concerning this matter. Your continued cooperation is appreciated. sincerely, Li I sE. Carroll, P.G. Mining Specialist Land Quality Section TEC/se Enclosure cc: Mr. Floyd Williams, P.G. P.O. Box 27687, Raleigh, North Carolina 2741E-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer • d ..l "ul� • IL 1� ._ �_ • . �l �.µ�41 f� M_ 91I�1 �' y_ ►M� DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E RM 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 Inc. Lee Creek Mine Beaufort County - Permit No. 7-1 for the operation of a Phosphate Kline 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 dining 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 indicates otherwise, terms shal the Mining Act, N.C.G.S. 74-49. Expiration Date l this permit, unless the context clearly have the same meaning as supplied by 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 CHEMICAIS COMPANY BEAUFORT COUNTY PHOSPHATE YMJE 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 "TEXASGJ'LF CHEMICAL COMPANY BEAUFORT COUNTY PHOSPHATE MINE TEN YEAR PE?YJT 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 Quq ty A. Any burning because of 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. Axiny 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 a NPDES permitted discharge. 8. During the prestrip 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 NPDES discharge. 4. Protection of Groundwater A. All laws, rules and regulations concerning contar�ation 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. Arnr_ Corps of Engineers Any disturbance or restoration of wetlands and/or waterways shall be in accordance to the rules and regulations of Coastal Resources Conenission 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 r 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 (minimum 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. D. Overburden removal for ore extraction shall not crane within 300 feet of any neighboring dwelling house, church, school, hospital, connercial 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. Overburden: 1. The upper unconsolidated sediments over the ore are removed by dredges and pumped to maned areas for reclamation. Beginning in mid--1988, this material shall be removed by a bucket wheel excavator (BW.E) prestrip system. Use of dredges for removal of overburden shall be terminated by 1990. 2. The remaining overburden 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 for internal road construction and maintenance, and may be made available to State and local governmental bodies. 2. 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 frcan 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 (RI-R3). Records documenting the amount of clay vs clay/gypsum blend discharges into mined areas (RI-R3) shall be maintained at the mine office and be avails -able 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). 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 erasion/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 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. 5. Pern-Littee 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--1.992 permit period shall be: 1) backfill the mine excavations to original elevation or higher except as required for approved wetlands mitigation projects, the final elevations may be below original surface elevations; 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 acccuplished 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 and some will be diked up to elevations in accordance with any dam safety permit issued by the Department. 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 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. 3. Revegetation Plan A. The revegetation plan is concerned with vegetating four basic soil types: 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 ready for vegetating, the overall plan for each soil type is similar. Lime and fertilizers shall be applied as recoitmended by the soil test results. Seeding recommendations are as follows: 1. Dike slope 2:1 or 3:1 - Fall 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 - Spring/Summer Seeding Rate (Pounds/Acre) 200 25 30 15 20 &1' Kentucky 31 Tall Fescue Hulled Bermudagrass Korean Lespedeza Scarified Sericea Lespedeza Common Sudan Grass Areas seeded according to recorcmendation no. 1 or no. 2 shall be mulched with 3000 pounds/acre grain straw anchored by discing or tacking with asphalt. 3. Dike slope 2:1 or 3:1 Spring/Summer Seeding Rate (Pounds/Acre) ype 15 Hulled Bermudagrass 15 Kobe or Korean Lespedeza 15 German millet Page 10 of 11 4. Reclaimed Area -Flat or gently rolling - Fall Seeding Rate (Pound/Acre) . Type 40 Kentrucky 31 Tall Fescue 4 Ladino clover 20 Winter rye 5. Reclaimed Area -Flat or gently rolling - Spring ,Seeding Rate (Pounds/Acre) '1 40 Kentucky 31 Tall Fescue 4 Ladino clover 20 Common sudangrass Areas seeded according to recommendation no. 4 or no. 5 shall also be mulched where feasible with grain straw or other suitable material 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. 6. Reclaimed Area - Flat or gently rolling Rate (Pounds/Acre Type 15 Biennial Sweetclover or equivalent legume 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. Page 11 of 11 Estimated Estimated I, 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 bottanLIand hardwood and freshwater marsh area. 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, April 8, 1988 and on July 14, 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 Cam =ity Development. Texasgulfinc. an elf aquitalne company P.O. Box 48 Aurora. North Carolina 27806 December 7, 1992 Mr. Tracy Davis Mining Specialist Division of Land Resources North Carolina Department of EHNR P. 0. Box 27637 Raleigh, North Carolina 27611-7687 Dear Mr. Davis: W.A. Schimming Manager Environmental Affairs (919) 322-8239 During our meeting on November 5, 1992, you said that in order to complete the review of our request to modify Mine Permit 7-1 to include the old Whitehurst Creek channel, you needed a specific plan for reclaiming the channel. Enclosed is a 2-page narrative describing the restoration of the Whitehurst channel along with milestone dates, and two figures (reference map and cross section) that visually depict the plan. We would appreciate your early review and approval of this plan along with the modification request. If you have any further questions, please call Jeff Furness or myself. Sincer. 1{y, J, ' J � V� � �Yy ✓y._ W. A. Schimmi WAS:JCF/re Enclosures pc: Floyd Williams - DLR, H. M. Breza (w/encl) I. K. Gilmore (w/encl) P. J. Moffett (w/encl) D. J. Millman (w/encl) W. R. Walker (w/encl) J. C. Furness (w/encl) 12-04-001-36 (w/encl) 00-12-000 (w/o encl) WaRO (w/encl) Texasgulf Inc. Whitehurst Drainage Channel Restoration Plan The following information is provided as an estimated schedule of events that establish the restoration of the Whitehurst drainage channel after mining. Outline of RestorationSeguenc I. Mining intercepts the fork of Whitehurst drainage channel. Date: December 1993 (this initiates the four year time for completing drainage channel restoration). II. Prestripping Operation places overburden backfill in area of drainage channel after area is mined through. Date: January 1994 to October 1994. III. Restoration of main drainage channel construction is completed in overburden backfill area. Date: June 1994 to May 1995. IV. Mining is completed in 700 Acre Mine Block. Date: February 1995. V. Sand tailing backfill in prongs of drainage channel. Date: April 1997 to July 1997. VI. Restoration of prongs and tie-in to main drainage channel. Date: July 1997 to October 1997. Restoration Procedure The restoration of the Whitehurst drainage channel will begin by backfilling the area of the main channel with overburden from the prestrip operation to near original grade (see area indicted on attached map as BWE backfill). The backfill will consist of sands, silts, and clays removed from the initial 35 feet of the overburden in advance of the dragline mining operation. After backfilling is completed, the area will be graded and the location of the main channel will be excavated to approximately the existing location and elevation. The channel will be constructed to 3:1 side slopes and will be established with a ten -foot wide bottom. Best management practices outlined in the Erosion and Sediment Control Planning and Design Manual will be used to prevent off -site run-off. Vegetation will be established along the drainage channel in a similar manner as was done in the existing mitigation canal. This phase will begin in June 1994 and be completed in May 1995. After mining has been completed in the 700 Acre Block in February 1995, the restoration of the two prongs of the drainage channel with sand tailing will begin. Sand tailings will be used for backfill of the two prongs. The sand tails will be hydraulically pumped into the area west of the fork (see area designated on attached map as Sand Tails Backfill). The placement of the sand tailings will be completed in July 1997. After sand tailings backfill is complete, the channel excavation will be constructed in the approximate original location and elevation of the existing channel. The channel side slopes will be 3:1 and will be vegetated similarly to the main channel and existing mitigation canal. Prong channel restoration and tie-in to the main channel will be complete by October 1997. Blend placement in the R-5 Area adjacent to the drainage channel restoration area will begin in April 1997 and be complete in November of 1998. The area will be brought to approximate existing grade and then revegetated. The attached cross-section indicates the location of the channel and backfill material at depth. A survey of the existing main drainage channel and associated prongs was completed prior to any mining activity and has been cross -sectioned every 100 feet. The drainage channel survey data is on file for future reference as a guideline. WHITEHURST DRAINAGE CHANNEL RESTORATION -- -- - ' - ---- - - LEGEND BWE SPOIL AREA J'` ' •'/ ' - SAND TAILS AREA A / ',•,��,/ •; ;J -- ( BOTH PRONGS ) ,•, _-- J J/`�'� r/'�' ��`�'/ �� ® SAND TAILS CORRIDOR ! J '•`' •�i J/ • •f' r� •'/t �' ® BLEND R., 5 Texasgulf Inc. cs M" sY: CXC -a 11 RiLt f rAfJ00 �� ti-M, DRAINAGE CH11t`fIiffi. i BLEND BLEND BUCKET WHEEL 9POD, - 4V - - 48' DRAGLINE OVERBURDEN SCALE: H 1" = 1000' V 1" = 100' Texasgulf Inc. mml,,CROSS SECTION SECTION ALONG 518.000 Texasgulf Inc. an elf aquitaine company P.O. Box 48 W.A. Schimming Aurora, North Carolina 27806 Manager Environmental Affairs (919) 322-8239 a November 5, 1992 ND pp ggTY C N Mr, Tracy Davis Mining specialist Division of Land Resources North Carlina Department of EHNR P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Davis: Enclosed is a package of information and drawings that supplement Texasgulf's initial Mine Permit 7-1 renewal request dated June 9, 1992. This package is provided in response to your letter of August 18, 1992, in which you requested additional information for your review of the renewal application. Each point in your letter has been responded to either in narrative form, with tabular data, or with a drawing. We appreciate the Division's efforts involving this renewal application, and please let me or Jeff Furness know if you have additional questions. Sincerely, 4 W. A. Schimming WAS:JCF/re Enclosure pc: Floyd Williams - DLR, WaRO (w/encl) T. J. Regan, Jr. (w/o encl) H. M. Breza (w/o encl) I. K. Gilmore/P. J. Moffett (w/encl) J. C. Furness (w/o encl) 12-04-001-38 (w/encl) 00-12-000 (w/o encl) Pam Rpi;WWPAw Nov 0 5092 LAND QUALITY SECIMN Texasgulf Inc. Aurora Phosphate Mine 10 Year Mining Permit Renewal 1993 - 2002 Mine Permit 7-1 Mine Planning Department November 5, 1992 Ten Year Mine Advance Mining at the Aurora Phosphate Mine during the next ten years, 1993-2002, will continue the use of bucket wheel excavators for overburden stripping in conjunction with draglines for additional overburden removal and ore extraction. Current mining operations include the use of two bucket wheel excavators utilizing 12, one cubic yard buckets each, for removal of the initial 35 to 40 feet of overburden. The 72 cubic yard, 68 cubic yard and 50 cubic yard draglines are used for overburden removal and ore extraction. Two smaller five cubic yard draglines are used to remove and clean rock from the ore slurry sump. The mine production estimate for ore matrix in 1992 is 13,141,000 tons. From this the following tonnages for sand tailings, rejects, and clay can be calculated. Product Percent Tons Sand tailings 31.48 Rejects 3.75 Clay 19.05 4,1371000 493,000 2,503,000 Disposal of by-products from phosphoric acid production (gypsum) and milling of the ore (clays) is accomplished by "blending" these two by-products into a suitable mixture for reclamation. The thickened clays are flocculated, mixed with phosphogypsum, and pumped to reclamation areas as a slurry for backfilling and capping mined -over areas. Utilization of a gypsum/clay blend in the reclamation process has occurred since 1986. The placement of the blend will continue in future designated reclaim areas R-3 through R-9 during the span of the ten year mine advance. The sand tailings will be utilized in the construction of reclaim area embankments as well as utility corridors during the next ten years of mining. The reject material will be used primarily as road aggregate. Future considerations for capturing the coarse phosphate fraction of the rejects and tailings to enhance overall recovery may be undertaken in the milling process during the yea ten year period. The attached Mine Data Table indicates the estimated volumes and tonnages of the product/by-product material streams over the ten year mine advance. The attached Reclamation Data Table indicates disposition of gypsum/clay blend, gypsum to the pile and sand tailings over the ten year period. 1 Texasgulf Inc. Ten Year Mine Permit Renewal Meeting November 5, 1992 Mine Permit 7-1 1993-2002 Answers to request for additional information in August 18, 1992 letter to Mr. W. A. Schimming, Manager, Environmental Affairs, Texasgulf Inc. from Tracy Davis, Mining Specialist, Land Quality Section, North Carolina Department of Environment, Health and Natural Resources. Answer to Question No. 1 Texasgulf has revised the table on Ten Year Renewal Report Statistics to change the category of Reclaimed Areas to Reclaimed Not Released (see Attachment 1). Answer to Question No. 2 Reports responding to all the issues in question were provided to Division of Environmental Management. A listing of these reports appears on Attachment 2. Answer to Question No. 3 The Texasgulf Groundwater Monitoring Network is divided into four major areas of concern. The first area of groundwater monitoring and most extensive is provided for under the conditions of Capacity use Permit No. 3. Withdrawals for adequate depressurization of the Castle Hayne Aquifer to ensure safe, dry mining conditions are recorded at each well covered under the permit. Samples for water quality as well as water levels are collected routinely to record any changes in the Castle Hayne Aquifer System in respect to depressurization pumping. A network of monitor wells at the mine and plantsite are checked weekly and monthly. The monitoring plan also includes over 70 wells throughout Beaufort County to measure more regional trends. The second area of groundwater monitoring concerns the Surficiai Aquifer System. A Capacity Use Permit Number 38-A2 provides for the withdrawals from the unconfined surficial aquifer. Withdrawal rates, water quality and water level recording are collected the same way as for Capacity Use Permit No. 3. PA The third area of groundwater monitoring concerns the NPDES Permit NC 0003255. Provisions for monitoring groundwater quality near surge ponds, retention areas and the Recycle Lake are covered under this permit. The fourth area of groundwater monitoring concerns the plantsite area. Special monitoring and remedial action groundwater clean-up plans are active for the areas of the acid cooling pond and tank farm. An attached list of reports and plans concerning these areas of groundwater monitoring have been provided on Attachment 2 for the Cooling Ponds and Attachment 3 for the Tank Farm Area. One of the attached maps of well location sites cover all active monitor and withdrawal wells at the mine/plantsite as well as one indicating the regional groundwater monitoring network associated with Capacity Use Permit No. 3 (see Attachment 4 and Attachment 5). Answer to Question No. 4 Texasgulf intends to relocate a section of Highway 306 to the east in order to accommodate the mine advance to the northeast. Answer to Question No. 5 The original Revegetation Plan in the Permit Renewal Package was reviewed and approved by Mr. Gaylon Ambrose of the Agricultural Extension Service on June 9, 1992. Based on past experience, the seeding rates listed on the Revegetation Plan are more than adequate for establishing a vegetative cover. The dike areas are sand and do not erode, and the reclaimed areas are flat and also do not erode. Therefore, seeding is only done during optimum times of the year. Fescue is not used on the reclaimed areas because it causes too much competition for the tree seedlings that are planted. N Answer to Ouestion No. 6 Yearly projections for production over the Ten Year Permit life are provided on the attached mine data table (Attachment 6). Values are expressed as tons and cubic yards for the various material streams through the year 2002. in addition, a reclamation data table is also attached that summarizes the disposition and timing of the materials used in the reclamation process (Attachment 7). Also, an additional map indicating the mine advance by year is provided as Attachment 8. Answer to Ouestion No. 7 A listing of mining -related permits is provided on Attachment 9. Answer to Ouestion No. 8 More detailed reclamation maps of the existing mine site and Charles Tract are included as Attachment 10 and Attachment 11 showing estimated final contours. A cross section is also depicted on Attachment 10 showing the area from Reclaim Area No. 1 in the north, through Reclaim Area No. 5 in the south. Each specific reclaim area is depicted on the maps with the proposed areas of revegetation shown. A mixture of various hardwood species will be planted in the areas designated for tree planting on the maps. The low lying areas designated as natural areas will consist of vegetation that has emerged through natural succession which will be a mixture of herbaceous aquatic plants. Time specific information regarding revegetation is provided semi-annually to the Division of Land Resources. 4 A schedule for the mining and reclamation progress is listed below. - _ Reclamation Type (years) Gypsum/Clay Blend with Mining Process BWE Spoil Blend Clay Cap Clearing and development 1.0 1.0 1.0 Prestripping 1.0 1.0 1.0 Ore extraction 1.0 1.0 1.0 Prestrip backfill 1.0 1.0 1.0 Blend dike construction N/A 1.0 1.0 Blend storage N A 2.0 2.0 Sub Total 4.0 7.0 7.0 Reclamation Process BWE Spoil_ Blend Clay Cap Blend desiccation N/A 1.0 1.0 Primary ditching N/A N/A 0.5 Capping sequence N/A N/A 1.5 Cap desiccation N/A N/A 1.0 Final ditching N/A 0.5 0.5 Vegetation cover 1.0 1.0 1.0 Tree planting 1.0 1.0 1.0 Sub Total 2.0 3.5 6.5 GRAND TOTAL 6.0 10.5 13.5 Response Addressing theNCPC Tract Although Mine Permit 7-1 does not include any acreage on the NCPC Tract, the current planned mine advance over the next ten years takes in much of the NCPC area. An Environmental impact Statement which includes the NCPC Area is approaching completion. After the EIS process is finalized, the existing Mine Permit 7-5 which covers much of the NCPC Tract can be merged with Permit 7-1. 5 Texasgulf Inc. Aurora Phosphate Mine 10 Year Mine Permit Renewal 1993-2002 Mine Permit 7-1 LIST OF ATTACHMENTS 4 P� INOV 0 5 1992 Attachment Number Description 1 Ten Year Renewal Report statistics 2 List of Reports Concerning Groundwater Conditions Near Acid Cooling Ponds 3 List of Reports Concerning Groundwater Conditions Near Tank Farm Area 4 Map of Existing Monitor/Withdrawal Wells (Mine/Plantsite) 5 Map of Monitoring Network (Regional) 6 Mine Data Table - 10 Year Projections 7 Reclamation Data Table - 10 Year Projections 8 Mine/Plantsite Location Map Indicating 10 Year Advance 9 Listing of Mining Related Permits 10 Reclamation Map of Mine/Plantsite indicating Estimated Final Contours 11 Reclamation Map of Charles Tract Indicating Estimated Final Contours Attachment 1 MINE PERMIT 7-1 TEN YEAR RENEWAL REPORT STATISTICS Permitted Areas Active Mine Area 5,498 acres Plantsite 980 acres Charles Tract 2,342 acres 700 Acre Modification 700 acres 9,520 acres Affected Acres Mine excavation 4,375 acres Plantsite: 865 acres (processing plants, office buildings, etc.) 980 acres 115 acres (gypsum storage) Charles Tract 2,280 acres 7,635 acres Reclaimed Not Released Blend Area R-1 476 acres Mine Area 463 acres Plantsite 0 acres Charles Tract 494 acres NPDES Recycle Lake 232 acres 1,665 acres Waste Pile Storage Gypsum Pile Number 1 40 acres3 Gypsum Pile Number 2 75 acres3 Gypsum Pile Numbers 3, 4 and 5 250 acres Gypsum Pile Number 6 125 acres 490 acres Mine Excavation Undergoing Reclamation Blend Area R-2 425 acres Blend Area R-3 945 acres Dredge Fill and Sand Tailings Areas 147 acres Bucket Wheel Excavator Backfilled Areas 278 acres Charles Tract 2,115_acres 3,910 acres Mine Excavation Not Reclaimed Land Affected and not Backfilled 1,080 acres Active Mine Bench Area 180 acres 1,260 acres I Includes Mine Acreage through 6-01-92 2 Land which backfilling is complete and final reclamation is completed or in progress. No acreage has been released by the North Carolina Division of Land Resources. 3 Located on plantsite. Attachment 2 Texasgulf Cooling Pond Reports on File With DRX 1.) Groundwater Monitoring Plan, Cooling Ponds No. 1 and No. 2. Texasgulf Chemicals Company, Lee Creek Facility, by Ardaman & Associates, Inc. 1/12/88. 2.) Remedial Action Plan For Cooling Ponds No. 1 and No. 2, Texasgulf Inc. Phosphate Operations. 3/30/89. 3.) Design Report, Remedial Action System, Cooling Ponds No. 1 and No. 2. Texasgulf Phosphate Operations, by Ardaman & Associates, Inc. 9/27/90 Design Report, Attachment I - Drawings, by Ardaman & Associates, Inc. 9/27/90 Attachment 3 Texasgulf Tank Farm Reports on File With DEN 1.) Preliminary Contamination Assessment in Tank Farm Area in Response to Tank 008 Leakage. Texasgulf Inc., by Ardaman & Associates. 9/7/88. 2.) Remedial Action Plan, Tank Farm Area. Texasgulf Inc. Phosphate Operations, Ardaman & Associates. 10/10/88. 3.) Supplemental Remedial Action Plan, Tank Farm Area. Texasgulf Inc. Phosphate Operations, by Ardaman & Associates. 10/31/89. 4.) Design Report, Remedial Action System, Tank Farm Area. Texasgulf Inc. Phosphate Operations, by Ardaman & Associates. 7/31/90. Design Report, Remedial Action System, Tank Farm Area, Attachment I - Drawings, by Ardaman & Associates. 7/31/90. Attachment 6 09-02-92 I.K.G. 4 MINE DATA TABLE TEN YEAR MIME PERMIT RENEWAL MINE PERMIT 7-1 YEAR -------------------------- 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 I--------- ACRES MINED f I--------- 260 1 I--------- 272 j I--------- 311 [ 1--------- 293 ( [--------- 279 [ I--------- 274 I I--------- 252 1 [--------- 272 [ [--------- 283 ( 1---------1 283 1 330 1 PRESTRIP OVERBURDEN YDS.3 [ I 13,800 [ I 15,900 I f 18,000 [ 18,000 [ 17,600 [ 22,000 1 24,000 [ 23,900 [ 22,100 [ 17,200 I 27,500 1 STRIP OVERBURDEN YDS.3 [ I 27,900 [ I 29,100 [ I I 32,700 ( I 33,000 [ I 33,800 [ i 33,700 [ I 31,700 1 I 35,100 I I 36,500 [ I 36,300 1 I 42,600 1 ORE MATRIX RECOVERED YDS.31 I 11,400 [ I 11,700 1 I 14,000 [ I 13,600 [ I 13,600 [ I 13,900 1 I 13,800 [ ! 13,800 1 I 14,100 [ I 14,100 1 I 16,800 [ ORE MATRIX RECOVERED TONS 1 13,100 [ I 13,400 [ I 16,1DO 1 I 15,900 1 I 16,000 I I 16,000 1 i 15,900 [ I 16,200 [ f 16,600 I I 16,600 i I 19,900 [ REJECTS TONS [ 493 1 440 [ 626 I 771 1 722 1 726 [ 815 I 918 [ 1,021 I 855 1 1,263 [ C CLAYS TONS [ I 2,500 1 I 2,700 1 I 3,200 1 ! 2,9GO 1 I 2,800 1 I 3,000 1 I 2,800 [ I 2,900 [ I 3,100 1 I 3,200 [ I 4,000 1 SAND TAILINGS TONS ] I 4,000 [ I 3,400 I I 3,600 [ i 3,800 [ 3,900 f 4,100 [ 4,100 [ 3,900 ( 3,800 1 3,900 [ 4,600 1 REJECTS YDS.3 I f 410 } 368 [ 522 1 I 642 1 f 601 1 I 605 [ I 679 [ f 765 1 I 850 1 I 713 [ I 1,053 [ CLAYS YDS.3 1 I I 11,300 I I f 12,200 [ I I 14,500 [ I 13,100 1 f 12,700 [ I 13,600 [ I 12,700 [ I 13,100 [ I 14,000 1 I 14,500 [ I 18,100 [ SAND TAILINGS YDS.3 1 I 3,200 1 1 3,400 I I I 3,600 I I 3,800 [ I 3,900 I I 4,100 [ I 4,100 [ I 3,900 [ i 3,800 j I 3,900 [ I 4,600 1 TOTAL GYPSUM TONS TO PILE [ I 5,210 I I 5,280 [ I 5,280 [ I 5,280 I I 5,280 I I 5,588 [ [ 5,588 I f 5,588 [ I 5,588 [ I 5,588 [ I 5,588 [ TOTAL GYPSUM TONS RECLAIM [ f 8,200 [ I I 8,200 I I I 8,600 [ I 8,600 [ I 8,600 I I 8,600 [ I 8,600 I I 8,600 [ I 8,600 I I 8,600 I I 8,600 1 BLEND TONS 1 I 10,900 1 I 10,900 1 I I 11,800 I I 11,500 ] I 11,400 I I 11,600 [ I 11,400 I I 11,500 [ I 11,600 [ f 11,800 1 1 12,600 I BLEND YDS.3 1 f 20,500 [ I 20,000 [ ( I 22,400 [ I 22,300 [ I 21,600 1 I 21,900 I I 21,600 [ I 21,500 1 I 22,000 [ f 22,400 1 I 24,800 I GYPSUM/CLAY RATIO [ 3.28 I 3.04 [ I 2.69 [ I 2.97 [ I 3,07 I I 2.87 [ I 3.07 [ I 2.97 [ } 2,77 [ I 2.69 1 I 2.15 1 NOTE: ALL TONS AND CUBIC YARD ESTIMATES ARE IN THOUSANDS. ;A Attachment 7 =` L 10-20-92 WRW T.-I0 Reclamation Data Table Ll� € `., In, � '"� Ten Year Mine Permit Renewal Mine Permit 7-1 _ Gypsum/Clay Blend,* Gypsum to„Pile Sand Tailings R-Area Cu.Yds. Total Pile Cu.Yds. Total R-Area Cu.Yds. Total Year G-5 4,615 Fill Canals 800 1992 R-3 20,500 20,500 G-6 660 5,275 NPDES Lake 2,400 3,200 1993 R-3 4,600 Apr. R-4N 15,400 20,000 G-3/4 51350 5,350 R-4 Corridor 31400 3,400 1994 R-4N 22,400 22,400 G-3/4 5,350 5,350 R-4 Corridor 3,600 3,600 1995 R-4N 900 R-5 Corridor 1,267 Jan. R-4S 21,400 22,300 G-6 5,350 5,350 R-4S Dike 2,533 3,800 1996 R-4S 21,600 21,600 G-6 5,350 5,350 R-4S Dike 3,900 3,900 1997 R-4S 4,390 G-6 1,885 R-4S Dike 610 Apr. R-5 17,510 21,900 G-3/4 3,770 51655 R-5 Creek Bed 2,491 1998 R-5 17,766 R-6 Dike 999 4,100 Nov. R-6 3,834 211600 G-3/4 5,665 5,665 R-6 Dike 4,100 4,100 1999 R-6 21,600 21,600 G-3/4 2,360 R-6 Dike 2,489 G-6 3,305 5,665 R-7 Dike 1,411 31900 2000 R-6 2,132 R-7 Dike 2,533 Mar. R-7 19,468 21,600 G-6 5,665 51665 R-8 Dike 1,267 3,800 2001 R-7 9,144 G-6 2,360 R-8 Dike 31676 Jun. R-8 13,256 22,400 G-3/4 3,305 5,665 R-9 Dike 224 31900 2002 R-8 91144 R-9 Dike 3,811 Jun. R-9 13,256 22,400 G-3/4 5,665 5,665 R-10 Dike 789 4,600 * Includes clays discharged separately under permit into gypsum/clay reclamation area. Note: All cubic yards estimated in thousands. Attachment 9 Permits applicable to Texasgulf mining activities. Date Expiration Name Agency Permit issued Date Operation of a Phosphate Mine DLR Mine Permit 7-1 07/30/82 07/30/92 Operation of a Phosphate Mine DLR Mine Permit 7-5 06/26/86 01/23/95 (NCPC tract) Operation of a Sand Pit DLR Mine Permit 7-13 06/26/86 04/12/93 Discharge Wastewater DEN NPDES *OD03255 05/14/90 07/31/93 Withdrawal and use of water DEN Water Use Permit 05/08/92 12/31/01 No. 3 Withdrawal and use of water DEN Water Use Permit 05/03/90 01/01/96 No. 38-A2 Authorization to Construct; DLR Blend Disposal. 10/03/84 N/A Approval to Impound Dike R-1 06/03/87 Authorization to Construct; DLR Blend Disposal. 05/01/87 N/A Approval to Impound Dike R-2 04/10/89 Authorization to Construct DLR Blend Disposal 01/20/89 N/A Approval. to Impound Dike R-3 02/11/92 Mine Area Septic System BCNDi°i 59 04/26/91 N/A 401 Water Quality Certification DEN 2748 06/30/92 N/A i* Beaufort County MeaLth Department