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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
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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
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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
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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