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HomeMy WebLinkAbout41-05_1_RedactedIkM nfif EaergY Mlne l andLeMRes rcer Aev,aQNwcATAL QUALITY June 20,2016 Mr. John J. Tiberi Martin Marietta Materials Inc. 2710 Wycliff Road Raleigh, North Carolina 27607 RE: Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Mr. Tiberi PAT MCCRORY ceremo. DONALD R. VAN DER VAART krrsn y TRACY DAVIS Wrsror Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the affected acreage at this site to 286.1 acres acres as indicated on the Mine Map received May 20, 2016. The modification includes the 2.3 acre expansion of the existing berm along the northwestern permit boundary and includes the installation and maintenance of all associated erosion and sediment control measures. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition No. 313, 3C, 4C and 10B. The issuance of a mining permit and/or any modification to it does not supersede local zoning, regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 395.3 acres and the amount of land you are approved to disturb is 286.1 acres. SM of North Cnm IEYYho®ArUi Quality I Emeq, Miml ao61m6 RumvRa 16121.fi0S Rmv 1512 N. SAIb StI Raky6. NC V699 919707M T Mr. Tiberi Page Two Please review the modified permit and contact Judy Wehner, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. ?Sincerely,, `�j�''"•''p��` netS. Boyer, PEMining Specialist Quality Section JSB/jw Enclosures cc: Mr. Matt Gantt, PE Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Materials Inc. Pomona Quarry Guilford County - Permit No. 41-05 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 26, 2024 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications September 20, 1993: This permit has been modified to allow the stripping of an additional 16 acres west of Long Branch and the construction of a new berm along the west side of the site as indicated on the Mine Map last revised June 29, 1993. November 4. 1996: This permit has been modified to increase the pit area by 29.4 acres and construct the associated erosion and sedimentation control measures as indicated on the mine map last revised September 13, 1996 and the 11 x 14 inch mine map and detail sheets dated August 29, 1996. December 19, 1997: This permit has been modified to expand the overburden disposal berms located on the west and south sides of the property and add the associated erosion and sediment control measures as indicated on the mine map last revised June 30, 1997. Page 3 December 23, 1999: This permit has been modified to provide designed sediment control measures for the overburden stripping areas and to allow relocation of Long Branch around the future pit area on the southwest side of the plant (incorporating 4150 feet of new channel) as indicated on the Mine Map last revised December 21, 1999 and the "Insert from 619 Mine Map 12-21-99" received by the Land Quality Section on December 22. 1999. September 14, 2001: This permit has been modified to allow the construction of a gravel roadway through the new 50 foot buffer to allow access for clean stone stockpiling for the future off -site concrete plant as indicated on the Mine Map last revised August 30, 2001. In addition, a partial release has been granted of the undisturbed 7.8 acre area at the site. February 3, 2004: This permit has been modified to increase the affected acreage to 353.9 acres as indicated on the Mine Map last revised December 4, 2003 for the construction of a temporary road located along the west side of the permitted area. The temporary access shall be used for overburden removal only and the buffer will be re-established once overburden removal has been completed. March 13, 2008: This permit has been modified to increase the affected acreage at this site to 356.74 acre acres as indicated on the Mine Map last revised December 13, 2007. The modification includes the constriction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant that is located outside of the permitted area. July 23. 2008: This permit has been modified to increase the affected area to 359.0 acres as indicated on the Mine Map last revised July 15, 2008 The modification includes the addition of a berm along the northwest corner of the site, installation and maintenance of all associated sediment and erosion control measures and the elimination of an old settling pond. In addition, the modification includes the relocation of Road "A" approximately 150 feet north of its current approved location. July 29, 2010: This permit has been modified to include the addition of Berms A, B and C along the northwest and northeast sides of the site, the installation and maintenance of all associated sediment and erosion control measures, and the addition of buffer along the relocated Long Branch. In addition the modification includes the addition of a Recycled Concrete Area within the pit for processing through the existing plant and allows the temporary stockpiling of clean soil material from the Department of Transportation's Hornaday Road Extension Project that will ultimately be placed in approved overburden berms. Lastly, the modification includes an adjustment to the permitted and affected acreage because of better mapping from 2010 aerial photography. This permit has been modified to change the permitted acreage to 415.94 acres and the affected area at this site to 287.57 acres as indicated on the Mine Map last revised June 16, 2010. July_ 15, 2013: This permit has been modified to change the corporate name from Martin Marietta Aggregates to Martin Marietta Materials Inc. Page 4 February 28, 2014: This permit has been modified to decrease the permitted acreage to 395.3 acres and the affected acreage at this site to 283.8 acres as indicated on the Mine Plan dated January 14, 2014. This modification includes the removal proposed Road B located in the northwest section of the permit boundary, the reduction of the perimeter buffer between the permit boundary and the adjoining asphalt plant to increase the stockpile area and accurately represent existing field conditions and revisions to the acreage calculations to better reflect site conditions and available data. June 20, 2016: This permit has been modified to increase the affected acreage at this site to 286.1 acres as indicated on the Mine Map received May 20, 2016. The modification includes the 2.3 acre expansion of the existing berm along the northwestern permit boundary and includes the installation and maintenance of all associated erosion and sediment control measures. Expiration Date This permit shall be effective from the date of its issuance until February 26, 2024. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, at. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewaterina A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water 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 and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. Page 5 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Maps received May 20, 2016 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Mining activities, including the installation and maintenance of all associated sediment and erosion control measures, shall be conducted as indicated on the Mine Plan dated January 4, 2014 and the supplemental information received by the Land Quality Section on January 16, 2014. C. All mining activities associated with the 2.3 acre northwestern berm expansion, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map received by the Land Quality Section on May 20, 2016 and the supplemental information received April 18, 2016 and May 20, 2016. C. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 6 Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after September 20, 1993 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after September 20, 1993. 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. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Page 7 E .0 1.9 1.7 1.9 1.s 1.4 tJ �.1 Blast Vibration Frequency, Hz Figure 7 Alternative blasting level cntena (Source modified from figure B-f. Bureau of Mines R f 8507) B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (D/DS)2 De = D 0112 V = 160(Ds)-1.B W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). D, = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/VV033)n.2 To convert U (psi) to P (dBL): P = 20 x log (U/2.9x10 9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). Page 9 The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting_ If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G Flvrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Fyyrock Reporting Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Page 10 Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 9. Hiah Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope along any pit expansion conducted after September 20, 1993. 10, Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Map received May 2016. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. Page 11 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy. Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N C Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy. Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse,- 4 verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5 verification that a permanent vegetative groundcover will be established E. Used. clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: Page 12 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. 13. 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. 14, Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. 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 13 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 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 5. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule. the planned reclamation shall be to allow the quarry excavation to fill with water. provide a permanent barricade (fence) along the top of any high wall. and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 14 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15-April 1 Korean Lespedeza 10 Fescue 40 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain -temporary) 120 Soil Amendments Lime: 2000 Ibs/acre or follow recommendations from a soil test. Page 15 Fertilizer: 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued July 20, 1972, renewed May 18, 1982, modified and renewed September 20, 1993, modified November 4, 1996, December 19, 1997, December 23, 1999 and September 14, 2001, renewed and modified February 3, 2004, modified March 13, 2008, July 23, 2008, July 29, 2010 and July 15, 2013 and renewed and modified February 28, 2014, is hereby modified this 20th day of June, 2016 pursuant to G.S. 74-52, S_ acy E. Davis, Director Division nergy, Mineral, and Land Resources y Authority of the Secretary Of the Department of Environmental Ouality N Energy, Minergl6 Lond Resources December 1, 2017 John J Tiberi. Martin Marietta Materials, Inc. PO Box 30013 Raliegh, NC 27622-0013 RE: Mining Permit No. 41-05 Pomona Quarry Guilford County Dear John J Tiberi.: ROY COOPER cats ar MICHAEL S. REGAN secrerary TRACY DAVIS Olrafw This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to Your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect, Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wenner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby"Vinson, Jr., PE, CPM Interim Director, DEMLR Slm[Of Nrmlr Ca, nGra I brvlrwm,I QueMly I U, lty Mlnmal aW Land Ri wau cte 92 N. Sahl Srttt I Ie12I fervI[e Center I Raltlgh. Korth Caroll 271102 019 707 111 Wenner, Judy From: Jay Nivens <Jay.Nivens@martinmarietta.com> Sent: Thursday, June 16, 2016 2:18 PM To: Wehner, Judy Subject: Re: Pomona Quarry Western edge. My compass must have been off that day! Thanks, Jay On Jun 16, 2016, at 1:38 PM, Wehner, Judy <iudy.wehnert@ncdenr.Rov> wrote: The bens you are adding appears tip be in the northwest berm expansion according to the north arrow but your description says it's near the eastern property limits. Which is correct? The north arrow or description? Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judy WehnerOncdenr.aovEmail 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 <image001.png> Email correspondence to and /Mm this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. I . u Wenner, Judy From: Gantt, Matt Sent: Wednesday, May 25, 201612:50 PM To: Wenner, Judy; Boyer, Janet Cc: Kirchner, Chuck Subject: Pomona Quarry Permit Modification (41-05) Judy and Janet, I have reviewed the revised mine map submitted for the Pomona Quarry (41-05) modifications. I have also corresponded with Jay Nivens regarding the modifications. I'm fine with what he has submitted and have no further comments. Thanks, Matt Matthew E. Gantt, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 336-776-9800 office 336-776-9654 mobile/direct Mattgantt@ncdenr.gov 450 West Hanes Mill Road Suite 300 Winston-Salem, INC 27105 Email correspondence to and from this address is subject to the r� North Carolna Puhhc Records Law and may be disclosed to third parties. '[1y _ 1 �D � MINING CHECKLIST FOR ROUTING Applicant's Name: V rl "I ProjectPlame: P( qII; w / Applic./Permit No: di�"(X County: J DateReceived: 1 ri Revieuwr: River Basin Name: ❑ New ❑ Renewal [X Modificutum (inside permit 6mdmies) ❑ Modification(outside permit 6 udaries) ❑ Transfer ❑Release ❑ Partial Release Q Additional InfomWion ❑ Fee Needed: i ❑ Fee Received: i N V`oI ' _ Regional Offia(x aaplmeapia;rad de"I.Q$Rgiad OJFse PIidt Apptimia Review 6d6e ft~a and an" 6d tk DWQmd DWR'Mi AWp Pa Fa n rodx e6ro" awik&mpia a de Rgimd Engineer) Date: Routed T ri 1 H Rec'd ❑ Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Rowed Reed ❑ US Fish v Wildlife Service Date: Routed Reed (Only new app&akat and modifimum regtuas that dal led to Ow pemnt) ..Please route first ) {apes of the application and any location naps to: ❑ Division of Parks all Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Reed ❑ Division of Marine Fa6eries Date: Routed Reed ❑ Division of Soil b Water Conservation (phk LEA) Date: Routed Reed (Oidynewappliu admdifirmiamrgassst6dd6tdwt6") ❑ Division of Archives & History Date: Routed Reed (Only new applica s) ❑ Ot6er: Date: Routed Reed •* $usQense Date for Ciomtitenps: '� (m later than 25 days from receipt) ❑ Pleaserote t6e folbaing: 1 0 0 Martin Marietta To: NCDEQ - Energy Mining Land Resources 512 N Salisbury Street - 5th Floor Raleigh, NC 27604-1170 Transmittal Letter Martin Marietta 8701 Red Oak Blvd. Suite 540 Charlotte, NC 28217 (P) 704-409-1475 (F)704-527-9283 ,Attention: Judy Wehner Pomona Quarry Mine Permit Re: Modification We are sending you Drawings Prints Letter Change Order Plans Reproducible Copies Description 2 Additional Information Requested per letter dated May 3, 2016 For Approval For Your Use As Requested Approved as Submitted LIResubmit copies for approval Approved as Noted Returned for Corrections Comments: Please let me know if you have any questions or need any further infoniRLECOvED iC'CC MD.v t u 0n.16 LAND QUALITY SECTION Copy to: ` 5i store 0 0 Ak Martin Marietta May 19, 2016 RECEIVED Ms. Judy Weiner MAY Y P 7 16 Assistant State Mining Specialist NCDEQ-Energy, Mineral and Land Resources LAND QUALITY SECTION 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Martin Marietta Materials, Inc. Pomona Quarry, Permit No. 41-05 Permit Modification Dear Ms. Weiner: This is a letter responding to the addition information request provided by your office dated May 3, 2016. The attached information was provided to Mr. Matt Gantt at the Winston Salem Regional Office on May 9, 2016 (via email) to help clarify the 2 items listed in your letter. The response from Mr. Gantt (via email on May 17, 2016) indicates the Winston Salem Regional Office has determined the additional information provide has sufficiently addressed the 2 items listed in the May 3, 2016 letter. Please see the attached hard copies of this information: • Copy of the email sent to Mr. Gantt on May 9, 2016 and subsequent response from Mr. Gantt on May 17, 2016. • Copy of the Mine Plan Submitted to your office on March 18, 2016 (No changes have been made) • Copy of the Gcogle Earth photo showing the configuration of the setting pond circa. 1999. • Copy of the Google Earth photo showing the configuration of the setting pond circa. 2015. • Copy of the enlarged section of the Mine Plan submitted on March 18, 2016 showing the mea of the modification. • Copy of additional information requested letter from your office dated May 3, 2016. The included information should sufficiently address items listed in the letter received from your office dated May 3, 2016. If you have any questions regarding this information please fcel free to contact me at (704) 409-1475 or atjay.nivens@martinmarietta.com cerely, % ay Nivta6s Sr. Environmental Engineer Martin Marietta Materials, Inc. 8701 Red Oak Blvd. Suite 540 Charlotte, NC 28217 pomona mine permit renewal response letter 5-19-16.docx 0 0 • • • PAT MCCRORY cam. DONALD R. VAN DER VAART Energy. Mineral and Land Resources TRACY DAVIS ENY111010150TAI QUALITY May 3, 2016 w,.QAr Certified Mail Return Receipt Requested 7013 2630 0001 8990 4301 Mr. Jay Nivens Martin Marietta Materials Inc. 4701 Red Oak Boulevard, Suite 540 Charlotte, North Carolina 28217 RE: Pomona Quarry Mining Permit No. 41-05 Guilford County Cape Dear River Basin Dear Mr. Nivens: We have reviewed the modification request your company submitted for the referenced mine site. In order for this office to complete As review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Provide more information regarding the newly shown "existing dam from old settling pond". Provide a cross section of the dam, including heights, widths and slopes, and locate any discharge areas on the dam. Provide details of said discharge points. 2. Provide more information on the diversion berm including supporting calculations and construction details. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 sr.haw12 W19. ramwmaa PRIMRn9ro. RenQ.hLm276Rmurcm 1613 SLiI$cnm Q,w 1n N. SY T STIReugM1,TCl]699 919 Nn 9100 T Certified Mail Mr. Nivens Page Two As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sij�i ceple rely, Ju itG h A. Wehner Assistant State Mining Specialist 4cc. Mr. Matt Gantt, PE 9 0 0 Jay Nivens From: Wehner, Judy <judy.wehner@ncdenr.gov> Sent: Thursday, May 19, 201610:25 AM To: lay Nivens Cc: Boyer, Janet Gantt Matt Subject: RE: Martin Marietta Pomona Quarry Mine Plan Modification No. 41-05 All submittals must be hard copies to this office. From: lay Nivens [mailto:Jay.Nivens@martinmarietta.com] Sent: Tuesday, May 17, 2016 8:46 AM To: Wehner, Judy <judy.wehner@ncdenr.gov> Subject: FW: Martin Marietta Pomona Quarry Mine Plan Modification No. 41-05 Hey Judy, Let me know if you need me to officially submit a letter outlining what was sent to the region for approval Thanks, Jay From: Gantt, Matt [mailto:matt.eantt@ncdenr.eovl Sent: Tuesday, May 17, 2016 8:26 AM TO: Jay Nivens Cc: Wehner, Judy; Boyer, Janet Subject: FW: Martin Marietta Pomona Quarry Mine Plan Modification No. 41-05 Hi Jay, Thanks for the clarifications on the map. I'm fine with what you have proposed. I'II forward on to Judy and Janet. Also, thanks again for helping us out with the multi -media training[ The staff is up and running now and pretty much on their own. Matt From: Jay Nivens Imailto:Jay. Nivens@martinmarietta.coml Sent: Monday, May 09, 2016 9:59 AM To: Gantt, Matt <matt.cantt(Wncdenr.s!ov> Subject: Martin Marietta Pomona Quarry Mine Plan Modification No. 41-05 Good Morning Matt, I hope you had a great weekend. I wanted to touch base with you regarding a recent mine plan modification we submitted for our Pomona Quarry to expand an existing berm. I have received comments from the Central Office but I wanted to address this with you and your guys prior to resubmitting. Hopefully this will save all of us some time. I have attached the letter requesting additional information on the erosion control portions of this modification dated 5-3-16. 1 have also attached a map providing some additional comments for this are that will hopefully explain our intentions. 0 r #1) Provide more information regarding the newly shown "existing dam from old settling pond"..... I have attempted to hatch the existing berm which is part of the old settling pond. Maybe I should have not called this a "dam". The contours in this area are a little hard to interpolate due to the tree cover in this area. In this area of the pond, the diversion berm is approximately 10' -15' wide along the top and is 3' high from the grade of the filled in pond. This section is currently functioning as a diversion berm for the existing berm construction that has taken place on the approved plan. The discharge from this area is through the existing riser shown on the northeast section of the pond which discharges into our freshwater pond used to supply our plant. This riser is functioning as a discharge control device for the pond and erosion control for the approved berm area. The proposed modification will not increase the amount of water the existing pond is currently receiving. #2) Provide more information on the diversion berm including supporting calculations and construction details. I have proposed to install a temporary diversion ditch Std. #6.20 (see detail on plan) to extend the existing berm northward to provide a more substantial runoff control measure assuring the water from the proposed berm section will remain in the old pond area and not runoff towards the existing drainage feature. The runoff in this area is currently migrating into the old settling pond and internally to our freshwater pond. I will be glad to meet you or your staff on -site to walk this area if it will be easier to understand how this area is functioning. Please let me know your thoughts on this approach and if you have any revisions you or your staff would like for us to make to the plan. Thanks, Jay Nivens Sr. Environmental Engineer Martin Marietta 8701 Red Oak Blvd. Suite 540 Charlotte, INC 28217 o. (704) 409-1475 m. (980) 613-9009 www.martinmarietta.com . w I A V o Martin Marietta MoteL�"_' is O t ,o Qo PIN 78244+.485$i 2i Hoffer e � Construct diversion been to duec It Shop Area watct from berm construction I Bulk Od & internally into old settling pond ud Storage Equipment Storage Area 1 Existing dam from i �(��J/L, old settling Pon d Existinging from \v/ Newman � old sealing pond ?4307953 I Employee Budding Willis _ Old Shop 30707739 r r� Old Settling„a Eristmg Bern Pond _ — Hvllt Fuel / Stomge I /y —_�_ a 1 _ Fresh Water Pond -� 'sturbed a / Buffe: 2long Stream zm 410 r it ' I • ttli g aell (circa. 19J) d i` ' 14 1r3 r T � b�y�034vsJ- rk r, u ..,_ �, . �, �. r r� �: � L _ !b+ rk a {�6 - <. • • PAT MCCRORY Kra DONALD R. VAN DER VAART S. JAY ZIMMERMAN Water Resources tN V IROKOLMI AL wALI I, May 13, 2016 iZROLiILTiLiI tillimv i TO: Ms. Judy Wehner Land Quality Section FROM: Michael Bauer® Ground Water Management Branch Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Martin Marietta Materials, Inc. Pomona Quarry Guilford County Please find attached a copy of the mining permit modification request for the above referenced project. The Pomona Quarry, located in Guilford County, does not appear to have an unduly adverse effect on ground water supplies and has previously registered their withdrawals, with the Division of Water Resources, as facility ID #0219-0017. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. The registration form may be obtained from the following link: http:/Iwww.ncwater.org/Pemits_and_Rcgistration/Water Withdrawal_and_Transfer_Registration. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him atjohn.bam@nedenr.gov. Stme.•t F•mF l.unllm Lnurmmnul Qmhy l%,Il N.uninv. PJI slolxnia Coma INIeiyM1. NrM t'mdiw l'nv9-loll 91470791XM1 r, NC Energy. Hili April 21, 2016 and LandResorrrces aavoOMMeRTA aaAl0y MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris i O'> A Mining Program Secretary Land Quality Section PAT MCCRORY GaK�r DONALD R. VAN DER VAART 'e Mue TRACY DAVIS Prtw Ar �1D 01y &)N OFIWOF..R RFEIklM SUBJECT: Mining Permit Modification for MMM Pomona Quarry Guilford County ® Mine Dewatering Proposed _ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by May 13, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 707-9220 if you have any questions. /bmh Attachments oc: Mr. Matt Gantt Stlled North Canni I Enmwmenial Oualily I EneiMineral and LeM Reaouces 1812 Meil5arvke Cmle� I 612KSehnxWi I Rale h.14C27699 919 707 9200 T E� North Carolina Wildlife Resources Commission rj Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Hams, Mining Program Secretary Land Quality Section FROM: Shari L. Bryant, Western Piedmont Coordinator Habitat Conservation Division DATE: 3 May 2016 RECEIVED MAY 092016 LAND QUALITY MINING PROGRAM G Mw SUBJECT: Mining Permit Modification for Martin Marietta Materials, Inc., Pomona Quarry — Permit No. 41-05, Guilford County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-46 through 74-68 15 NCAC 5). The applicant is requesting a modification of their permit to mine granite. The modification involves 2.3 acres within the previously approved permitted boundary and includes expansion of an existing berm. The applicant indicates all water discharges (stormwater runoff and groundwater seepage) will be tested for pH, turbidity, total suspended solids and settleable solids to ensure water quality standards are met. Existing streams within the permit boundary will have a 50-foot undisturbed buffer. The reclamation plan includes allowing the excavation to fill with water and grading and re -vegetating according to the seeding schedule provided. Long Branch and an unnamed tributary to Long Branch in the Cape Fear River basin flow through the site. We have no objection to the proposed modification. We offer the following general recommendations to minimize impacts to aquatic and terrestrial wildlife resources. Maintain a minimum 100-foot undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, aquatic habitat both within and downstream of the project area. In addition, these buffers will provide an adequate travel corridor for wildlife species. Whereas, a grassed buffer, Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Faa: (919) 707-0028 Page 2 • • 3 May 2016 Pomona Quarry Permit No. 41-05 particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. We request that sediment and erosion control structures he located outside of these buffers. 2. Water discharges from the site should be proportional to the size of the receiving stream, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 3. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. An exact seeding mixture would need to take into account soil types, moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to Jason Allen, District Wildlife Biologist at (336) 524-9801 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this permit application. If we can be of further assistance, please contact our office at (336) 449-7625 or shari.brvan Rmcwildlife.ore. cc: Jay Nivens, Martin Marietta Materials, Inc. • Complete hems 1, 2, and 3. Also complete Itam 4If ResMcted Delivery Is destrad. • Pdnt your name and acidness on Me reverse so Mat we can return the card to You. • Attach this card to Me back of the mailplece, or on the fmnt If space permks. 1 1. Altwieymaressed to b delivery addrem dafaaRM1un k9n li OYN M YES, solar delivery atlNesv aelow: JiMM1 MR JAY NEIVENS I " MARTIN MARIETTA MATEM4jS QQ} a 9wvbTm t 4701 RED OAK BLVD STIE 540 tMl sear* ❑ Pmity M- esiepis CHARLOTTE NC 2821��NDOUALi 71}RtII ,�]Rwnpawpror Mwa.t3. WING PROGI Ni p knead Nell pC on UeFay P. Ankle Humber 7013 2630 0001 6990 4801 (IrleMfnmaemce mba9 '3 PS Form 3811, July 20134q—DS (a ❑ 4ARL(MF t1NrTED STATES WT23JUMCE Flrst-Class Mail Pasiapa 8 Faes Pap 4AY , t Petmlt No. G-10 • Sender. Please print your name, address, and ZIP+40 in this box• NORTH CAROLINA DEPARTMENT OF ENVIRONMENT 6 NATURAL RESOURCES DIVISION OF ENERGY MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER t RALEIGH NC 27699-1612 • N CC Energy, M/neral andLandResowces ENVIRONMENTAL QUALITY Certified Mail Return Receipt Requested 7013 2630 0001 8990 4301 Mr. Jay Nivens Martin Marietta Materials Inc. 4701 Red Oak Boulevard, Suite 540 Charlotte, North Carolina 28217 RE: Pomona Quarry Mining Permit No. 41-05 Guilford County Cape Dear River Basin Dear Mr. Nivens: • PAT MCCRORY c WnIor DONALD R. VAN DER VAART .SecmnY TRACY DAVIS May 3, 2016 DWIVIV We have reviewed the modification request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: Provide more information regarding the newly shown "existing dam from old settling pond". Provide a cross section of the dam, including heights, widths and slopes, and locate any discharge areas on the dam. Provide details of said discharge points. 2. Provide more information on the diversion berm including supporting calculations and construction details. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 SM OrN G 1IavRm antdQ 171 Iz me,. MiflN mELmd Rmmma 1612M 1 Swvim QnM 1512 X StluCwy St I RYugb,M 276W 919 707 9200 T Certified Mail Mr. Nivens Page Two As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please cdntact me at (919) 707-9220 if you have any questions. Si cerely, Ju ith A. Wehner Assistant State Mining Specialist 4cc: Mr. Matt Gantt, PE Wehner, Judy From: Wehner, Judy Sent: Tuesday, May 03, 201611:59 AM To: Gantt, Matt Cc: Boyer, Janet; Leonard, Shannon; Kirchner, Chuck Subject: RE: Pomona Quarry (41-05) Tried calling. The berm addition is on the other side of the creek from the mining pit so it can't drain into it. It appears to drain into the settling basin area. The map also shows a new "existing dam from old setting pond". Do you know anything about that. It is not on any other map Do you want me to ask for a blow up of the area with topography lines? From: Gantt, Matt Sent: Friday, April 29, 201610:53 AM To: Wehner, Judy <judy.wehner@ncdenr.gov> Cc: Boyer, Janet <janet.boyer@ncdenr.gov>; Leonard, Shannon <shannon.leonard@ncdenr.gov>; Kirchner, Chuck <ch uc k. ki rch ner@ncden r.gov> Subject: Pomona Quarry (41-05) Judy and Janet, I have reviewed the mine modification request for the Pomona Quarry in Guilford County (41-05) and have no further comments. It appears that all runoff generated from the berm expansion will drain to the existing mining pit. Thanks, Matt Matthew E. Gantt, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 336-776-980C office 336-776-9654 mobile/direct Matt oanttrd ncden r. oov 450 West Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records La W and may be disclosed to third parties. Wehner, Judy From: Harris, Brenda M Sent: Tuesday, May 03, 201610:11 AM To: Boyer, Janet; Werner, Judy Subject: FW: 41-05 Pomona Quarry, Guilford Co. Attachments: 41-05 Pomona Quarry_NCWRC.pdf From: Bryant, Shari L. Sent: Tuesday, May 03, 2016 10:09 AM Subject: 41-05 Pomona Quarry, Guilford Co. Brenda, Please find attached our comments on the subject mining permit modification. Shari L. Bryant Western Piedmont Coordinator NC Wildlife Resources Commission P.O. Box 129 Sedalia, NC 27342-0129 office: 336-449-7625 fax: 336-449-7625 sha ri. bryantCcancwildl ife. ora www.ncwildlife.ora Email corresporrdervs to and from One sender is subject to sle N.C. Public Records Law and may be disclosed to (bird parties <�.l North Carolina Wildlife Resources Commission < l' Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Shari L. Bryant, Western Piedmont Coordinator Habitat Conservation Division DATE: 3 May 2016 SUBJECT: Mining Permit Modification for Martin Marietta Materials, Inc., Pomona Quarry — Permit No. 41-05, Guilford County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, t982) (G.S. 7446 through 74-68 15 NCAC 5). The applicant is requesting a modification of their permit to mine granite. The modification involves 2.3 acres within the previously approved permitted boundary and includes expansion of an existing berm. The applicant indicates all water discharges (stormwater runoff and groundwater seepage) will be tested for pH, turbidity, total suspended solids and settleable solids to ensure water quality standards are met. Existing streams within the permit boundary will have a 50-foot undisturbed buffer. The reclamation plan includes allowing the excavation to fill with water and grading and re -vegetating according to the seeding schedule provided. Long Branch and an unnamed tributary to Long Branch in the Cape Fear River basin Flow through the site. We have no objection to the proposed modification. We offer the following general recommendations to minimize impacts to aquatic and terrestrial wildlife resources. 1. Maimain a minimum 100-foot undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, aquatic habitat both within and downstream of the project area. In addition, these buffers will provide an adequate travel corridor for wildlife species. Whereas, a grassed buffer, Mailing Address: Habitat Conservation a 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 9) Page 2 3 May 2016 Pomona Quarry Permit No. 41-05 particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. We request that sediment and erosion control structures be located outside of these buffers. 2. Water discharges from the site should be proportional to the size of the receiving stream, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 3. Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. An exact seeding mixture would need to take into account soil types, moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to Jason Allen, District Wildlife Biologist at (336) 524-9801 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this permit application. If we can be of further assistance, please contact our office at (336) 449-7625 or shari.bryant ci,ncwildlife.org. cc: Jay Nivens, Martin Marietta Materials, Inc. Wehner, Judy From: Gantt, Matt Sent: Friday, April 29, 2016 10:53 AM To: Weimer, Judy Cc: Boyer, Janet; Leonard, Shannon; Kirchner, Chuck Subject: Pomona Quarry (41-05) Judy and Janet, I have reviewed the mine modification request for the Pomona Quarry in Guilford County (41-05) and have no further comments. It appears that all runoff generated from the berm expansion will drain to the existing mining pit. Thanks, Matt Matthew E. Gantt, P.E. Regional Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 336-776-9800 office 336-776-9654 mobileidirect Matt.gantt@ncdenr.gov 450 West Hanes Mill Road Suite 300 Winston-Salem, NC 27105 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. MINING CHECKLIST FOR ROUTING Applicara's Name: iVN ProjectName: Pq- I,%tCt/�l AWtcV Perndt No: y 1-05— CNN"... Date Received: 1 Review. jV River Basin Name: l:q-f lean ❑ Neur ❑ Renewd 6 Modifualion(inside Permit boundaries) ❑ modification (outside Permit bwndmies) ❑ Trasufer ❑Ije4ase ❑ Partial RAbase ❑ Additional Inf~iov ❑ Fee Needed: $ WFm Received: $ Please route entire cep liraeim peekage to: (7mdrRe"ewm mpydmd Nh Dlq' dDWR Oijimag Ap$licmim Revive Fwm'm rk mine a;mdkmk mpiini theRegional Engineer) , Date: Routed_ Ra d e ]' Division of Water Resources Date: Routed Rec d 1❑ NC Wildlife Resources Commission Date: Routed �— Rec d ❑ US Fish b Wildlife Service Date: Routed Rec'd (Odyarm a0hoosons. d modification request, thm addlaid m the") Please route first 3 pages of the application and any location maps to: ❑ Division of Parks b Recreation Doe.. Routed Ree d ❑ NC Geological Survey Section Date:. Routed Rec'd ❑ Division of Marine Fisheries Date:Roated Rey d ❑ Division of Soil U Water Conservation (plus LEA) Date: Routed Res'd (Ody sre oppliutiom d modsfvatimu rquem shot add Ind a the permit) ❑ Division of Archives it History Date: Routed Rerd _ (tidymeamel aces) ❑ Other: Date: Routed Reed as Suspense Date for Comments: 1 )U i � ,. (m later than as days from receipt) ❑ Pease rote the following: n Martin Marietta To: NCDEQ - Energy Mining Land Resources 512 N Salisbury Street - 5th Floor Raleigh, NC 27604-1170 Revised Mine Plan Transmittal Letter Martin Marietta 8701 Red Oak Blvd. Suite 540 Charlotte, NC 28217 (P) 704-409-1475 (F) 704-527-9283 Attention: Judy Wehner Pomona Quarry Mine Permit Re: Modification For Approval Approved as Submitted U Resubmit copies for approval For Your Use Approved as Noted As Requested _ Returned for Corrections unents: se let me know if you have any questions or need any further information. to: 4/14/16 LA NC Rneryy,Mlneml April 21, 2016 andLandReroumes MMYIeOMMMMMW T MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Hams IReON-"+ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for MMM Pomona Quarry Guilford County ® Mine Dewalering Proposed • PAT MCCRORY DONALD R. VAN DER VAART S. TRACY DAVIS pnmr ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by May 13, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. lbmh Attachments cc: Mr. Matt Gantt 8rob NoMCMdeu I EW=menWQuM1 iEneW.MnM "UndR ui 1913 Men 9MHes Cenbr 1512N.B Wry A.I R 40,WV M 9197W92M T PAT MCCRORY 1C. DONALD R. VAN DER VAART Energy Mlnnal m„vy April 21, 2016 and Landl)? roes TRACY DAVIS aaYlaae"W&L OWIRY art4 11 11a\1aD Ili TO: Ms. Shari Bryant Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris R5V-A Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for MMM Pomona Quarry Guilford County Please find attached for your review a copy of the mining permit renewal / modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 13, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Matt Gantt Slate dNOdb Camlm I EmNcmmendl audty I Enagy, Mlnenl and Land Rewurtaa 1512 Mail SONIM Ganda 1512 N. Uhtbury St I RabIgR X278Ba 919707 92M T Martin Marietta PO. BOX 30013 RALEIGH. NORTH CAROLINA Z1622-0013 VEND•O. DATE: CHECK NO. 168632 03123/16 1 1674921 DATE INYOICEICREDIT GROSS AMT. ADJ. OESC DISCOUNT NETAMOUNT 0322/16 158632"309032216 1,000.00 pomonamineplen 1,000.00 1HE A. Acrtw cHECK is N PANINR roRfIEIY BBacNceB Aeove TOTAL: 1,000.00 19000.00 Martin waifi.Fargo Book H w ` -166 CHECK NO. 01874921 Mcrietta PO. BOX 30013 RALEIGH, NORTH CAROLINA 27632-6013 DATE CHECK AMOUNT 03/23/16 $lWW*1.000.00 ONE THOUSAND AND 00/100*********&****"*4 ... A ... ..«.............«.................. PAY TO NCDENR LAND OUAUTY SECTION 1612 MAIL SERVICE CTR RALEIGH NC 27699-1612 1111100 `m �111b1 r1 U Wehner, Judy From: Wehner, Judy Sent: Tuesday, April 19, 2016 9:27 AM To: Homewood, Sue Cc: Gantt, Matt; Leonard, Shannon Subject: 41-05 DWR REVIEW SHEET 2013 Attachments: 41-05 DWR REVIEW SHEET 2013.doc Here's the review sheet for the modification of the Pomona Quarry in Guilford County. Print this lone b PDF Rmum PDF of this form ro DEMLR CO by email. x DEMLR RO. DWR SPU. Send a copy b me permi#ee. MININGOERMIT APPLICATIONOEVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Pomona Quarry DEMLR Permit # 41-05 Jay.Nivens@martinmadetta.com PERMIT ACTION TYPE: Modification YES County: Guilfoed Applicant's Email: NO Date Commencina F-r Fr Have land disturbing activities started? Date? r ( F f Latitude: 36.0533 Longitude:-79.9385 Please return comments to (at DEMLR CO): Judy Wenner Comments due bv: 5113116 SECTION BELOW TO BE FILLED OUT BY DWR >1972 Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in RIMS? YES NO 401 Wetland Cart. required? f f 401 Wetland Cert. existing? r Permit # f Does DWR RO have enough information to determine if a 401 certification is required? f f YES NO Are wetlands disturbed atthis site? f r Does DWR RO suspect or know of nearby f f wetlands to the site? Is a wetland delineation required prior to fJD _ DWR issuing the permit? (Consultant_ f_ Rau Ranbmhor min Print this lmm to PDF Return PDF of this form to DEMLR CO by email cc DEMLR RQ DWR SPU. Send a copy to the penalties. . F f _ Stream Determination Needed? r r Stream Determination Completed? r r Does DWR RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? r r Buffer Determination Completed? r Recycle system permit existing?" (Permit # r New Recycle System permit required?' Enough information to determine? — Non -discharge permit existing?* IPermit#" - rf Does this applicant need to contact the regional of Central DWR Office to ( f determine if a State Stormwater Permit is needed? ((Unknown. Will wastewaters discharge to HOW waters r f7Q10 Permittee with a 7Q10=0?" ( Flow: — must determine. I Has Violation I O&M Requirements I HQW17Q10 Concerns Does DWR require DEMLR to hold the I Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit r because DWR requires more information)? I Other. �..- Please describe the reason to , hold the permit: — RO contact: •, —^ •- -- I Hold Until: Mine must wait to dewater until an O&M plan is r approved? — "To obtain 7Q10 flaws, permittees must contact the DWR Stormwater Permitting Unit. If DWR does not have a now estimate for a specific stream, pemriftees will be asked to obtain one. Permittees should contact J. Curtis Weaver at the USGS: 919-5714043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 now for b'tlally influenced water bodies. "' if there is not enough inPormanon to Give a complete answer write in the space provided what von will need to answer this question completely, If You require DEMLR to hold the permit until furthernotice indicate that in the ouestion below. nav finMwmlwr 9Mn Print this form 0 PDF Reviewed bv: Retom PDF of this firm to DEM CO by smad. a DEMLR RO, DWR SPU. • • Send a copy to the pmmidee. DWR RO Surface Water:_ Regional Office: _ Date: RO Aquifer Protection Section: _ Regional Office: _ Date: Rau Rantamhar J01 n XMartin Marietta April 12, 2016 Ms. Judy Wehner Assistant State Mining Specialist NCDEQ-Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Martin Marietta Materials, Inc. Pomona Quarry, Permit No. 41-05 Permit Modification Dear Ms. Wehner: This is a letter requesting the modification of our Mining Permit for our Pomona Quarry located at 825 Marietta Road in Greensboro, NC. The proposed modifications to the currently approved plan are: • 2.3 acres of expansion of the existing berm located along the eastern property limits. This area will drain internally into our old settling pond for erosion control treatment. 1 have included the Mine Permit Application, Mine Permit Modification Fee, Updated Mine Map, USGS Exhibit Map and Roadway Map. Please feel free to contact me at (704) 409-1475 or at jay.nivens@martinmarietta.com should you have any questions or need any additional information. (� l APR 18 2016 Jay Nivens Sr. Environmental Engineer Martin Marietta Materials, Inc. 8701 Red Oak Blvd. Suite 540 Charlotte, NC 28217 pomona mine permit renewal coverletter 3-12-16.docx APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Pomona Quarry County Guilford River Basin Cape Fear Latitude (decimal degrees to four places) 36.7167 Longitude (decimal degrees to four places)-81.3052 2. Name of Applicanl* Martin Marietta Materials, Inc. 3. Permanent address for receipt of official mail** 2710 Wvcliff Road Raleigh, North Carolina 27607 Telephone (919) 783-4668 Alternate No. 4. Mine Office Address 825 Marietta Road Greensboro, NC 27410 Telephone 336-299-221 1 5. Mine Manager David Thorne We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date �3. �tio . Print Name John J. Tib ri Title Presid4 Mid-Atlitic/Division * This will be the name that the mining permit will be issued to and the time that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete ap lication or, if a public hearing is held, within 30 days following the hearing and the filing of any ple supmental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. •-1 APPLICATION FOR A MI NG PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage at the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: 41-05 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: _Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ® No M. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 2.3 Acres Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No Z. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Granite 3. Mining method: H Hydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 650 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground b. Expected average depth of mine (feet) 650 0 0 • APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Currently being; mined by Martin Marietta Materials 6. Number of years for which the permit is requested (10 years maximum): B. MAPS Clearly mark and label the location of your mining operation on six 6 copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailina Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919)733-2423 www.geoloL)y.enr.state.nc.us/ Physical Address: 512 North Salisbury Street, 5th Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.orl;/it/gisContact/del'ault.html 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Nameofmme 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) • 1 • APPLICATION FOR A MINING A table/chart must be provided on the mine mat that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other maior aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Po See Map Processing Area/Stoc ile Area See Map wastepiles See Map Haul Roads See Map Mine Excavation See Map ;;her(Buffer Areas) See Map Total Disturbed Acreage See Map NOTE: IN ADDITION TO THE ABO THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PRO DED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. APPLICATION FOR A MINING C. PROTECTION OF NATURAL Describe in detail the sequen of events for the development and operation of the mine and reference the sequence to the mine map s). Attach additional sheets as needed. Overburden material and sap i ock present above the hard rock will be removed. The rock is drilled and blasted to produce a product hat can be transported to the plant for processing. From there, the raw material is crushed and scr ed to produce desired products. A construction sequence of land disturbing activities is provi on the Mine Map, specifically as it relates to sediment and erosion control. Maintenance and sta ilization efforts will be conducted as noted and as required in the mining act. 2. Describe specific erosion can of measures to be installed prior to land disturbing activities and during mining to prevent offsite se entation (include specific plans for sediment and erosion control for mine excavation(s), waste pil , access/mine roads and process areas), and give a detailed sequence of installation and schedule for aintenance of the measures. Locate and label all sediment and erosion control measures on the min maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Sediment and erosion contrcl measures will be installed in accordance with the Mine Map and construction details. These asures will be installed prior to disturbing the area they are designed to protect. The construction seqi ence indicates the steps that will be taken to maintain all of the sediment and erosion control measures. Temporary diversions are provided to direct all surface runoff through the sediment basins. Design lculations are provided on the Mine Map to support the dimensions and construction of the proposed sediment basins. The majority of runoff from the property will be maintained internally, either m the pit or the existing sediment basins. Any proposed changes that are not included on the Mine ap will be submitted to the Division of Land Resources for approval. 3. a. Will the operation involve w hing the material mined, recycling process water, or other waste water handling? Yes ® NoEl. I yes, briefly describe all such processes including any chemicals to be used. Process wash water from mat 'al washing is treated through a closed -loop system within the settling cells. The system operates as a Aosed circuit with no discharge of process water off -site. The system is further described in the General NPDES permit issued to the mining industry and specifically, NPDES Permit #NCG020060 for this f cility. b. Will the operation involve dis har ing fresh or waste water from the mine or plant as a point discharge to the waters of the State? Ye No ❑. If yes, briefly describe the nature of the discharge and locate all proposed disci targe points (along with their method of stabilization) on your mine map(s). Water discharged as a result c seepage. This water will gn collected in the pit will be ui water pond on the property. the approved outfall location, into Long Branch. Discharge Solids, and Settleable Solid requirements to ensure that w mine dewatering is comprised of storm water runoff and groundwater ity flow to the pit sump for clarification prior to discharge. Water d to replenish the closed -loop system or replenish the existing fresh ny accumulated water that is not needed, will be discharged through lecifically Outfall 001 shown on the Mine Map. Outfall 001 discharges ,ater from the outfall will be tested for pH, Turbidity, Total Suspended in accordance with the requirements of General NPDES Permit er quality standards are met. 0 0 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day:-0.90 MGD . Locate all existing wells on the mine map(s) that lie within 500 eet of the proposed excavation area. Provide data to support any conclusions or statements ade, including any monitoring well data, well construction data and current water withdrawal ratis. Indicate whether the proposed mine locale is served by a public water system or private wells. The close proximity of the r k to the surface of the ground and the low level of permeability of the rock in the quarry area indicate that the quarry development will have no detrimental impact on any wells in the area. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The process is described in tie General NPDES permit issued to the mining industry and specifically, NPDES Permit No. NCG020060 for this facility. This permit authorizes the discharge of storm water, process water, and mine dewatering to the surface waters of North Carolina. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ® No ❑. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. The NC Division of Air Quality has issued air Permit No.04279 for this facility. b. How will dust from stockpiles, haul roads, etc., be controlled? Fugitive dust from the proc sing plant, stockpiles, etc. will be controlled through the use of a wet suppression system within a operating plant. A large water truck will be used to control the dust on the haul roads, pit area and within the stockpile area. A large portion of the annual production will consist of washed stone, which generates little dust. �. a. A buffer will be required between any mining activity and any mining permit boundary or right- of-way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). The existing, previously approved, butTer of 50' unexcavated buffer along the mining permit boundary will be provided and maintained at this site. Along with the permit boundary buffers, overburden berms are/will be provided to visually shield the operation from the adjoining neighbors. The Mine Mai clearly depicts all buffers and proposed berms that will be located at the site. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet APPLICATION FOR A MINING PERMIT may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). Existing streams within the permit boundary will have a 50' undisturbed buffer. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or Batter for clayey material and minimum 3 horizontal to I vertical slopes or Batter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. To assure slope stability adjacent to adjoining properties during mining, slope and excavation configurations will take into account structural geology, rock mechanics, and mining engineering considerations. Final exPPP¢mmm�vation grades for all unconsolidated overburden material will be on a 3:1 minimum slope aroufq the outer quarry perimeter from natural ground to the top of bedrock. Funher. a minimum ten-IQ�bbnt I10') wide safety bench will be provided at the base of any cut slope and the top of bedrock in this same area. b. Provide a cross-section on the mine mop(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation o any benches and/or slope drains (with supporting design information) if needed and the met od of final stabilization. See construction details on the attached mine map. c. In excavations) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Crass -sections for all cut slopes must be provided on the mine map(s). Final excavation slopes of unconsolidated materials along the outer quarry perimeter will be graded on a 2:1 minimum slope from natural ground and will extend to a minimum of six feet (6') below the anticipated water level. Internal slopes will be graded on a 1.5:1, or flatter where such areas are anticipated to be above the final water elevation. A minimum ten -foot (10') wide safety bench will be provided at the base of any cut slope around the quarry perimeter where such areas are anticipated to be above the final water elevation. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depths of the excavation. A typical pit cross-section is provided on the Mine Map. The first bench is largely controlled by the existing topography. Lower benches will be consistent of the typical 40' vertical heights and 10' horizontal bench widths between each level. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwellin house, public road, public, commercial or industrial building from any mine excavation. Locate all sect structures on the mine map if they are within 300 feet of any proposed excavation. All structures within the vicinity of the existing mine excavation are indicated on the Mine Map. With the exception of any proposed on -site support facilities, the closet neighboring occupied structure is located greater than three hundred (300') from the future pit excavation. Blasting activities will be designed and monitored to ensure that vibration and air blast standards are not exceeded. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berm, appropriate fencing and adequate boulder 0 0 APPLICATION FOR A MINING PERMIT barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must he indicated on the mine map(s). The highwall area of the quarry mill be "barricaded" by the use of earthen berms, fencing, oversized boulders, or a combination of these items to prevent inadvertent public entry. A ten -foot (10') wide horizontal safety bench will also be provided between the top of the bedrock and the toe of any excavated cut slopes around the outer quarry perimeter. 9. Are acid Producing minerals or soils present? Yes ❑ No ®. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross - sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing trees, terrain, public view. Trees and and soil stability. b. Could the operatioi forest or recreation None known to be 11. Will explosives be used? If yes, specify the types ( Ward to persons or nerg Depending on the mine required on the blasting occupied structure(s) to distance to the oronosed ANFO (ammonium nitrate and Blasting will be conducted um monitored at all times by seisms act by the State. Shot patterns v fractures, and lithology) maxis nei¢hborina t rooerty. Blast de structures. Records of each 1 holes, pattern, delay interva pounds per delay interval, a seismograph records will be 12. Will fuel tanks, solvents, or If yes, describe these mates Indicate the locationfs) ofa, berms will effectively screen the majority of our operation from r will be planted as needed to promote future long -tern screening a significantly adverse effect on the purposes of a publicly owned park, If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? and describe what precaution(s) will be used to prevent physical ty from flying rocks or excessive air blasts or ground vibrations. aearby structures, more detailed technical information may be :h as a third -party blasting study). Locate the nearest offsite excavations) on the mine map and indicate its approximate I oil) and water -based emulsions are the primary -blasting agents used. the direction of experienced and qualified personnel. Blasts will be iph to ensure that vibration and airblast levels are within the guidelines >e designed in consideration of the geological environment, (i.e., faults, material breakage, and prevent any physical hazards to persons or is will also be based upon the distance to the nearest dwelling from the es pper blast interval (pounds detonated per eight (S) millisecond delay), etable blast vibration levels well within all regulatory limits at subject ill be maintained, and will include pertinent data such as the number of nth and size of holes, type and total pounds of explosives, maximum of stemming and burden for each hole, and blast location. Blast and i a NCDENR approved blasting guidelines format. chemical reagents be stored on -site? Yes ZI No LI. ow they will be stored and method of containment in case of spill ge facilities on the mine map(s). Fuel oil, waste oil and iWoline will be stored in aboveground tanks located within adequately sized containment structure(s). Spill Prevention, Control and Countermeasures Plan (SPCC Plan) has been prepared for the facility, w ch details the procedures to be followed in the event of a spill. 0 • APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds 1 and/or sediment control basins and the method of restoration or establishment of any permanelels amage channels to a condition minimizing erosion, siltation and other pollution. This information in be illustrated on a reclamation map and must correspond directly with the information provided onmine map(s). In addition, design information, including typical cross -sections, of any permachannels to be constructed as part of the reclamation plan and the location(s) of a! permanent cmust be indicated on the reclamation map. Reclamation of disturbed areas Will be an ongoing part of the operating plan. Disturbed areas will be graded and revegetated in accoronce with the seeding schedule as provided. At such time as the decision is de to terminate operations at this site, all remaining disturbed areas will be graded, seeded and stabilizeIdy The excavation will be allowed to fill with water providing a large lake for water storage, supply, recron, or other use to be determined by the landowner. 2. Is an excavated or impounded of water to be left as a pan of the reclamation? Yes ® No ❑. !f yes, illustrate the location the bodpp(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed boay(s) ofwater. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stoked with fish? Yes ❑ No Z. If yes, specify species. The pit and supply lake will renifin impermanent water impoundment use. The average depth of water in the pit will be determined by ih ultimate depth of the pr at the time operations are terminated, but in no case will be less than a six foot ') minimum depth. The stocking feasibility with fish will be left to the discretion of the landowner and ihe future plans once mining has stopped. 3. Describe provisions for safety I persons and to adjoining property in all completed excavations in rock including what kind of permane t barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed d-to-end, etc. Construction details and locations of all permanent barricades must be shown on th reclamation map. A minimum ten -foot (10') wid safety bench will remain along the top bench around the entire pit. A perimeter fence will be placed rourid all excavations upon completion of the mining operation unless alternate plans for the property v pre -approved through the Division of Land Resources. i. Indicate the method(s) of ri lamation of overburden, refuse, spoil banks or other such on -site mine waste area, including speci cidions for benching and sloping. Final cross -sections and locations for such areas must be provida on the reclamation map. Overburden will be utilized to I vile/construct internal roads and as fill material for perimeter screening berms. All fill slopes will be at ilized/seeded once complete. Overburden, refuse. spoil banks Dr other mine waste areas existing at final reclamation will be graded and compacted to slopes of 2 lorf atter and will be vegetated in accordance with the seeding schedule. All areas will be graded to provide I DSitive drainage and stabilized to prevent erosion. 5. a. Describe reclamation of pm*ssing facilities, stockpile areas, and on -site roadways. APPLICATION FOR A MINING All processing facilities wiloecessary dismantled. Salvageable equipment will be hauled off site for use at other Martin Marietta opens. Equipment that cannot be reused will be disposcdlrecycled in accordance with all local, S and Federal regulations. Stockpiles will be removed, and the affected area graded to conform to sunding topography. These areas will then be scarified and revegetated. Haul roads and roadways nfor future development will also be scarified and revegetated It. Will any on -site roadways bd peft as part of the reclamation? Yes ® No ❑. If yes, idenh'fy such roadwajl $ on the reclamation map and provide details on permanent road and ditch line sta ilization. The main haul road and ser*e roads will remain for vehicular access to the lake formed by the pit. These roads shall be stabilizkd while the quarry is active. Other roads to remain will be determined by the future use of the site er operations have ceased. Describe the method of or other such waste t rot scrap metal, junk machinery, cables, to in The Mining Act of 1971.) No off -site venerated washhall be disposed of on the mine site without prior written approval from the NC Department Environment and Natural Resources, Land Quality Section and either the Division of Wast Management (DWM) or local governing body. If a disposal permit has been issued by DAM f the site, a copy of said permit must be attached to this application. All temporary andpermanen efuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with list of items to be disposed in said areas. No otT--site generated wsat will be allowed on -site. Waste products generated through typical quarrying activities (i.e. scr metal, cables, drill steel, etc.) may be disposed on -site in a designated area but will typically be re the by a local scmp metal dealer. All other waste products such as batteries, used oil, junked uipmem, etc. will be recycled and/or disposed of off -site by private collection firms. 7. Describe your plan for reveg tion or other surface treatment of the affected areas. This plan must include recommendations for ear -round seedin , including the time of seeding and the amount and type of seed, fertilizer, [me i mu ch per acre. The recommendations must include general seeding instructions for both permanc and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: Authorized representatives of local Soil and Water Conservation District; Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carol' Slate University; North Carolina licensed I dscape architects; Private consulting fo re IS referred by the Division of Forest Resources, Department of Environment and Natesouroes; N.C. Erosion and Sedation Control Planning and Design Manual; N.C. Surface Mining A Guide for Permitting, Operation and Reclamation; Others as may be approvijl by the Department. LIME - RATE OF APPLIC. rf lON (tons/acre): According to soil tests, or 3,000 lb./acre FERTILIZER - ANALYSISVD RATE OF APPLICATION (pounds/acre): According to soil tests, or apply 10-10-10 at a rate of 00 lbs./acre. SEED - TYPE(S) AND RA'M(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING mi • APPLICATION FOR A MINING I SCHEDULE (pounds/acre) Manual. Seed Types: Include Legumes) Will follow schedule from NC Surface Mining Seeding Dates: Seeding Rates: MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Apply 4,000 -- 5.000 lbs./acre ain straw or an equivalent cover of another suitable mulching material. Anchor mulch by tacking wit 'asphalt, roving, or netting. OTHER VEGETATIVE C ;VERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (poids/acre, trees/acre, spacing of trees/shrubs, etc): Virginia or Loblolly pines wi I be planted as needed to improve area screening. Revegetation and/or Signature NC Surf Print Name Title Agency plan approved by: Date APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation woAksheet is to be used to establish an of $500 to $5, 000 per affected acre) for each permitted mine site ba apartment to be affected during the life of the mining permit. Plea AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: ^_ Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) ON07F & Permanent Sedimentation & Erosion Control Measures: Divthe TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: S TOTAL COST = SUBTOTAL COST+ INFLATION COST = S Total Reclamation Bond Cost: $ (round down to the nearest $100.00) APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative offer of each county and municipality in which any part of the permitted area is located a indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPUTED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF AIMINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bI). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" APPLICATION FOR A MINING G. LAND ENTRY We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56, We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: Signature Print Name G6hn J. Tiberf (Title, if applicable) Company: Marlin Marietta Materials c. Address: 2710 Wvcliff Road ii Telephone: APPLICANT: Signature:" Print Name: Jo 1. Tiberi Title: President Mid -Atlantic Division Company: Martin Marietta Materials Inc. Mine Name: Pomona Ouarry Telephone:(919) 781-4550 Date Signed: O 3. // . /6 Date Signed: _ 03 /p . /� "Signature must be the same as the individual who signed Page 1 of this application. cnecK or money ora must be sent 6 the application form. at the address listed on the front cover of this Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -ON - "OOo NO r' _ NO if , /! i if ill pppp 0000. OOO _ t• EMI} - -.,`_�ii g#till 00 NI �!!,l hlhl E • w•ad S w RRNKef sT I a s � 1� Y v Bumt ROPIAF R4 $ � Ts_ W R N3 �i AEI �.-. IF fRIFNDSWOOD e Qaq Rd a apflt RE Pomona Quarry I - WeldweF PIEDMONT Wend _ Itme. 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Z N I 3 ♦♦ za}}nH OS 0- \\ T r N ■ c)oo O Z�- i d cn z • Ln N M O <�/ �O �� / �� • Ir00U C C c co Ln Ln u ■ C O O) p L _ O M _ R w v� _ > LQU z w 8€ �� z w gg < Z E 0 3 of e of f g Boy o, a Ept i 2. -x tr b ■ '9 p, - ' I� y ■ y 4" Z LL Z a Z /- a z o otkr4 v a a s o �' v 0 p -p I ri I I i xa}}ng SOS � ■ t � i i O O a N; M CV Cc r p z 3 a d N u d < O 1� � th In - N . LO m d U �ao�oC5 v co LLl ON N In Lo co .r rh m a' U 'a a c `t a° c rE rn E v ° N d < y d W } v = o L �u)3 o m t Imo- a F O ;3 • E U co W a� k ! / M m00 • = z_ rl _ • M' MCDENR North Carolina bepartment of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. skvada, III, Secretary I'February 28,2014 Mr, John J. Tiben Martin Marietta Materials Inc. 2710 Wycliff Road Raleigh, North Carolina 27607 ' RE: Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Mr. Tiberi: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to decrease the permitted acreage to 395.3 acres and the o affected acreage at this site to 283.Itlacres as indicated on the Mine Plan dated January 14, 2014. This modification includes the'removaI proposed Road B located in the northwest section of the permit boundary, the reduction of the perimeter buffer between the permit boundary and the adjoining asphalt plant to increase the stockpile area and accurately represent existing field conditions aritll revisions to the acreage calculations to better reflect site conditions and available data. Aleopy of the renewed and modified permit is enclosed. The new expiration date is February�29, 2024. The conditions in the renewedl'and modified permit were based primarily upon the initial application. Modifications were ma as indicated by the renewal and modification requests and as required to insure compliance llvyith The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3B, 4B, 106 and 12E and Reclamation Condition No. 3. G.S. 74-65 states that the iss I I nce of a mining permit does not supersede or otherwise affect or prevent the enforcement of a;ey zoning regulation or ordinance duly adopted by an incorporated city or county or byany agency or department of the State of North Carolina. As a inn minder, your permitted I'Icreage at this site is 395.3 acres and the amount of land you are allowed to disturb is 283jt acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-9220 / FAX: 919.733.2876 512 North Salisbury Steel, Raleigh, NoAll'Cardina 27604 • Internet ht del node r orohveb/IrAantl-cual'Iv An Equal Opportunity 1 Atermative AlcBon Employer— 50% Recycled 110% Post Consumer Paper . IN Mr. Tiberi Page Two Please review the renewed and modified permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, 4 J22 .. V� S -'Aaa,, et S. Boyer, PE to Mining Specialist Land Quality Section JSB/jw Enclosures cc: Mr. Matt Gantt, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERIIIY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations I� lion is hereby granted to: I Marietta Materials Inc. Pomona Quarry county - Permit No. 41-05 for the operation of a l�U shed Stone Quarry which shall provide that the lil'sefulness, productivity and scenic values of I'I all lands and waters affected) by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications September 20 1993: This permit has been modified to allow the stripping of an additional 16 acres west of Long Branch and the construction of a new berm along the west side of the site as indicated on the Mine Map last revised June 29, 1993. November 4, 1996: This permit has been modified to increase the pit area by 29.4 acres and construct the associated erosion and sedimentation control measures as indicated on the mine map last revised September 13, 1996 and the 11 x 14 inch mine map and detail sheets dated August 29, 1996. December 19, 1997: This permit has been modified to expand the overburden disposal berms located on the west and south sides of the property and add the associated erosion and sediment control measures as indicated on the mine map last revised June 30, 1997. Page 3 December 23, 1999: This permit has been modified to provide designed sediment control measures for the overburden stripping areas and to allow relocation of Long Branch around the future pit area on the southweat�sida of the plant (incorporating 4150 feet of new channel) as indicated on the Mine Map last revised December 21, 1999 and the "Insert from 619 Mine Map 12-21-99" received by the Lan8,Quality Section on December 22, 1999. September 14, 2001: This permit as been modified to allow the construction of a gravel roadway through the new 50 foot ti Utter to allow access for clean stone stockpiling for the future off -site concrete plant. as indicated on the Mine Map last revised August 30, 2001. In addition, a partial release has been granted of the undisturbed 7.8 acre area at the site. February 3. 2004, This permit has bleen modified to increase the affected acreage to 353.9 acres as indicated on the Mine Me st revised December 4, 2003 for the construction of a temporary road located along the west side of the permitted area. The temporary access shall be used for overburden removal only,and the buffer will be re-established once overburden removal has been completed. March 13, 2008: This permit has bi n modified to increase the affected acreage at this site to 356.74 acre acres as indicated on th1. Mine Map last revised December 13, 2007. The modification includes the construction of a new District Office at the site and the construction and maintenance of two access roans through the permitted area to the asphalt plant that is located outside of the permitted area. July 23, 2008: This permit has be I III I l modified to increase the affected area to 359.0 acres as indicated on the Mine Map last revised July 15, 2008. The modification includes the addition of a berm along the northwest cI e"r of the site, installation and maintenance of all associated sediment and erosion control measN.Ias and the elimination of an old settling pond. In addition, the modification includes th"e relocation of Road "A" approximately 150 feet north of its current approved location. lil! July 29, 2010: This permit has been' modified to include the addition of Berms A, B and C along the northwest and northeastlsides of the site, the installation and maintenance of all associated sediment and erosion control measures, and the addition of buffer along the relocated Long Branch. In additionithe modification includes the addition of a Recycled Concrete Area within the pit for processing through the existing plant and allows the temporary stockpiling of clean soil material from�,the Department of Transportation's Hornaday Road Extension Project that will ultimatelyllbe placed in approved overburden berms. Lastly, the modification includes an adjustmerifto the permitted and affected acreage because of better mapping from 2010 aerial photography, This permit has been modified to change the permitted acreage to 415.94 acresland the affected area at this site to 287.57 acres as indicated on the Mine Map last revised June 16, 2010. July 15, 2013: This permit has b I IllModified to change the corporate name from Martin Marietta Aggregates to Martin Marietta Materials Inc. Page 4 February 28, 2014: This permit has been modified to decrease the permitted acreage to 395.3 acres and the affected acreage at this site to 283.8 acres as indicated on the Mine Plan dated January 14, 2014. This modification includes the removal proposed Road B located in the northwest section of the permit boundary, the reduction of the perimeter buffer between the permit boundary and the adjoining asphalt plant to increase the stockpile area and accurately represent existing field conditions and revisions to the acreage calculations to better reflect site conditions and available data. Expiration Date This permit shall be effective from the date of its issuance until February 28, 2024, 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: Wastewater and Quarry Dewaterin A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water 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 and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. Page 5 H 5. A B. All buffer zones shown) on the Mine Plan dated January 4, 2014 shall be maintained to protects adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. A. Adequate mechanicallbarriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initiallstages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercoursle in proximity to the affected land. B. Mining activities, incuding the installation and maintenance of all associated sediment and erosion control measures, shall be conducted as indicated on the Mine Plan dated January 4, 2014 and the supplemental information received by the land Quality Section on January 16, 2014. C. An erosion and sedil el nt control plan(s) shall be submitted to the Department for approval prior to any, land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion `outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. Groundwater Protection Groundwater monitoring we Its shall be installed and monitored as deemed appropriate by the Department. Graded Slopes and Fills I I 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, ce.) l structure, or deviln any event, exposed slopes or any excavated channels, the erosion of which ,may cause off -site damage because of siltation, shall be Planted or otherwise; provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after September 20, 1999shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foIII ot wide horizontal safety bench shall be provided at the top of the rock and at thei toe of any overburden slope constructed after September 20, 1993. I j Page 6 r 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. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure t (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, 0.15 In/ 3 O.S I 45 K o.e m.a fv o:r Hlma[+FlCraRon frmqua-ncY. Hx ', FiSut'e I Attemarive blasting ieval cntena iipuvCe motSifiet! from lrguie B-t. 8arcau or Minns Ri@30i7 ' B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: Page 7 C. B W = (D/D,)` D, = D Win 160(D,)-r.s I W = Maximum charge weight of explosives per delay period of 6.0 milliseconds or more (pound'. D = Distance from the blast site to the nearest inhabited building not owned or leased by the mi ne operator (feet). D, = Scaled distanceiifador. V = Peak Particle Vei city (inches per second). CI The peak particle velodity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast overpressure (resulting from surface blasting shall not exceed 129 decibels linear (dBL) ashmeasured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwellingllhouse, church, school, or public, commercial or institutional building, u `less an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limitlof Max Level, Measuring System, in H1zL 1. in dB IL Hz or lower -flat resplolnse 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak In the event of seismog "' h malfunction or other condition which prevents monitoring, blasting shallibe conducted in accordance with the following formulas: I I U = 62 (D/W0.33)-12 To convert U (psi) to P (dBL): P = 20 x log (U/2.9xl Y") I Confined Air blast/Overpressure (dBL) for quarry situation: I Page 8 A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keepin The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting_ If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: W I411j Page 9 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 dayslof the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of As Department before blasting may resume at the mine site. i I. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by theselblasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: II`rIj' The operator shall, wh I^li requested by the Department, give 24-hour advance notice to the Land Qual)ty.Section Regional Office prior to any blast during a period for which notice Ilrequested. i High Wall Barrier A physical barrier consisting of+1arge boulders placed end -to -end or fencing shall be maintained at all times along thel'pedmeter of any highwall to prevent inadvertent public access. In addition, a minimuml1,l0 foot wide horizontal safety bench shall be provided at the junction between the toplof rock and the toe of any overburden cut slope along any pit expansions conducted after September 20, 1991 Visual Screening A. Existing vegetation shall b�lmaintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constricting earthen berms, shall be employed as deemed appropriate by the Deparim"{ent. B. Vegetated earthen berms 'hall be located and constructed as shown on the Mine Plan dated January l41 2014. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. Page 10 11. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment 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 Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and i Page 11 5. verification th Itla permanent vegetative groundcover will be established. fi E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air pe rmit and are allowed to operate crushing operations for the purposes of recycling `1rand reuse provided that the following conditions are met: 1. Appropriate q Iallity control measures shall be taken when the used concrete arriveelonsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, cleanlconcrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated fromIthe concrete and properly recycled or disposed off -site. 13. Annual Reclamation Report An Annual Reclamation Reporlt�shall be submitted on a form supplied by the Department by February 1 ofle„ach year until reclamation is completed and approved. 14. Bonding The security which was postedipursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceedlthe bonded acreage. 15. 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 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 The final slopes in all excavations in soil, sand, gravel and other Unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: r 3. IPI Page 13 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stabilityTI11 B. Any settling ponds ana sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. Ii, D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. i E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall Ilie in accordance with Operating Conditions Nos. 12A. through F. III F. The affected land shall be graded to prevent the collection of noxious or foul water. I III Revegetation Plan: Disturbed areas shall be permanently revegetated according to the following: .Dates Sp'Ries Rate, Lbs/Acre February 15-April 1 Kollelan Lespedeza 10 Fescue 40 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye;(grain- temporary) 120 Soil Amendments Lime- 2000 Ibs/acre or fall low recommendations from a soil test Fertilizer- 1000 Ibs/acre 8-8-81 b' 10-10-10, or follow recommendations from a soil test. III Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchore;tl appropriately. Page 14 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued July 20, 1972, renewed May 1.8, 1982, modified and renewed September 20, 1993, modified November 4, 1996, December 19, 1997, December 23, 1999 and September 14, 2001, renewed and modified February 31 2004 and modified March 13, 2008, July 23, 2008, July 29, 2010 and July 15, 2013, is hereby simultaneously renewed and modified this 28th day of February, 2014 pursuant to G.S. 74-52. By: r cy E. Davis, Director Division of Energy, Mineral and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources r1 LA n u From: Sink, Sco Sent: Monday, To: Wehner,. Subject: 41-05 Po Looks like there is no new work on plans. Al shown, no comments for ESC. Scott Sink NC DENR Winston-Salem Regional Office Division of Land Resources, Land quality 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from disclosed to third parties. 10, 2014 4:03 PM runoff flows to pit now. All berms show to be stabilized. As may be subject to the North Carolina Public Records Law and may be g J Z y� Y r g W a N m 4 jN MI T o O V u �i Zi Z u 9.. O p T N JI J u �n II Ji°11°11°n �1 <II —Fnll'n �11111�)�II1111 1 II 11•• Ilnll JI-II II II Il�i� II II��II II - .11Ill�,i��I�it II II II� �II'�I�11 ul 11 II —II II II II II II II II11 Iln Illlllfp IE-U n 'I� II u 11 n kll�n 11 I II� —III 1111II 111� ■cc V) Q w a. 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I�` �• W I�.. o � Y e:; c) i L.- I I W Z r r p Z m C) m � � a p � a � Z U a � w ~ 3 LL O r � w m Q) Z_ � � p O X C- Q m w �b U U 'O Oro CL Pfu cc LL O LO ►m. � O IL U L i ii' U c0 Q � m � N rn 00 = z d y j I c = .-L ■ F � \ � �. l m ■ N O T (n O Z o� U � � � Z Q a 00 o o z o z o � a o ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM RPCU V ED TO: Brenda M. Harris, Mining Program Secretary FM 05 2e!4 Land Quality Section FROM: Shari L. Bryant, Piedmont Region Coordinator-4A"-AQ� bANDOUAIITY Habitat Conservation Program AdU muhkv(y," DATE: 3 February 2014 SUBJECT: Mining Permit Renewal and Modification for Martin Marietta Materials, Inc, Pomona Quarry - Permit No. 41-05, Guilford County, North Carolina Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit application. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982)(G. S. 74-76 through 74-68 15 NCAC 5). The applicant is requesting a renewal and modification of their permit to mine granite. The total permitted area is 415.9 acres. The modification includes the removal of proposed road "B", a reduction of the perimeter buffer between the operation and asphalt plant for additional stockpile area and to accurately represent the existing buffer, revising the acreage calculations, and removing old information in the plan. The applicant indicates all water discharges (stormwater runoff and groundwater seepage) will be tested for pH, turbidity, total suspended solids and settleable solids to ensure water quality standards am met. A 50-foot undisturbed buffer will be maintained along all streams on the site. The reclamation plan includes leaving the pit and supply lake as a permanent water impoundment, and grading and to - vegetating according to the seeding schedule provided. Long Branch and an unnamed tributary to Long Branch in the Cape Fear River Basin Bow through the site. Should the permit be renewed, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources. Maintain a minimum 100-foot undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, aquatic habitat both within and downstream of the project area. In addition, these buffers will provide an adequate travel condor for wildlife species. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 3 February 2014 Pomona Quarry Permit No. 41-05 functions as discussed for forested buffers. We request that sediment and erosion control structures be located outside of these buffers. 2. Water discharges from the site should be proportional to the size -of the receiving stream, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species_ 3, Consider using seed mixtures that are beneficial to wildlife (e.g., native warm season grasses) in the reclamation plan. An exact seeding mixture would need to take into account soil types, u moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to Jason Allen, District Wildlife Biologist at (336) 524-9801 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this permit application. If we can provide further assistance, please contact our office at (336) 449-7625 or shari.bryant d nc« ildlife.org. ec: Jay Nivens, Martin Marietta Materials • Wehner, Judy From: Gantt, Matt Sent: Monday, February 03, 2014 8:43 AM To: Wehner, Judy; Sink, Scott Subject: FW. DAQ and DWR Comments for 41-05, Pomona Quarry Attachments: D00O20314-02032014081633.pdf Sorry, Wrong attachment. Here is the correct one. Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 +++Rir R}+Rrrr}R E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. }RR#iN}i}RR#i} From: Gantt, Matt Sent: Monday, February 03, 2014 8:42 AM To: Wehner, Judy Cc: SinkScott Subject:: DAQ and DWR Comments for 41-05, Pomona Quarry JJLL,, Matthew E. Gantt, P.E. / NC DENR Winston-Salem Regional Office n / Division of Energy, Mineral, and Land Resources \" 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 IbIb - FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the O North Carolina Public Records Law and may be disclosed to third parties. iriit}rMitiiri# �a� MINING PERMIT APPLICATION REVIEW FORM For the DIVISION OF AIR QUALITY Project/Number: Martin Marietta Materials, Inc. -_Pomona Quarry County: Guilford Please return comments back to: Mr. Matt Gantt Received by DAQ-WSRO on: January 31, 2014 Comments were forwarded to DLQ-WSRO on: January 31, 2014 Will the operation, as proposed, violate standards of air quality? No Comments: This facility is operating under Air Quality Permit No. 04279R17. YES Air permit required Air permit existing X (Permit # 04279R17) NO K� Other Comments: Martin Marietta Materials, Inc. -Pomona Quarry (NC DAQ Facilitv ID No. 4100128) holds an Air Quality Permit No. 04279R17 issued on 3/13/2013 expires on 2/28/2018). The permit includes allowance for non-metallic mineral processing including. _crushing, conveying, and screening operation. The facility was last inspected by DA -WSRO staff on 05/08/2013 and was found to be operating in compliance with their permit all applicable air.guality regulations,. Reviewed by: Date: January 31, 2014 Print Name: Jalal Adouli Central Office Reviewer: Rev Dec 2006 PTIN this loan to POP I velum PDFOfthis form to DEMLR Go by smell. ccOLR RO, DWR SPU. Send a so➢y to the peimltlee. MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Pomona Quarry DEMLR Permit # 41-05 County: Guilfoed Applicant's Email: JAy.Nivens@martinmarietta.com PERMIT ACTION TYPE: YES NO Date Commencing Have land disturbing activities started? Date? 0 ❑ >1972 Latitude: 36.0533 Longitude:-79.9385 j Please return comments to (at DEMLR CO): Judy Wahner SECTION BELOW TO BE FILLED OUT BY DWR Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments:_ Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES Does DWR RO suspect or know of nearby I ❑ 1177 wetlands to the site? NO +mbPOF Remm PDForthisWmbDEMLR byemd.cc IIEMGRR,DWRSPu. Seth B OOpy to the permittee. «edn:' RO Surface Water:_ Regional Office: _ Date: /J Aquifer Protection Section: _ Regional Office: _ Dale: NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 31.2014 MEMORANDUM TO: Judy Wehner Land Quality Section f FROM: Paul Williams Ground Water M• nagement Section Division of Water Resources SUB.IECT: Comments on the Mining Permit Renewal/Modification Request for: Martin Marietta Materials, Inc. Pomona Quarry Guilford County The Pomona Quarry, located in Guilford County, does not appear to have an unduly adverse effect on ground water supplies and has previously registered its groundwater withdrawals with the Division of Water Resources as facility ID #0219-0017. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143- 215.221-I. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. 1 f you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-161 1. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone:919-707-900D FAX:919.733-3588 Internet: www.ncwater.org An Equal Opportunity 1 Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director January 21, 2014 MEMORANDUM Pat McCrory, Governor John E. Skvarla, III, Secretary f 1 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal/Modification for Martin Marietta Materials Pomona Quarry Guilford County ® Mine Dewatering Proposed 0 No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by February 10, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments JAN 22 2014 cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-707-9 2�F : 919M7333 28766 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http:/Ioortal,ncdenr.orgfweb/lr/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper z 8 0 Wehner, Judy From: Homewood, Sue Sent: Thursday, January 30, 2014 1:22 PM To: Taylor -Smith, Aana Cc: Gantt, Matt; Sink, Scott; Wehner, Judy Subject: RE: 41-05 DWR REVIEW SHEET 2013 Attachments: 41-05 DWR REVIEW SHEET 2013.doc I filled out only the 401/wetlands questions and am sending to Aana Taylor Smith to deal with the stormwater questions. Aana, the file is going to )alai but I put a note on it to send to you afterwards. Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Resources —Water Quality Programs 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4964 FA%:(336) 771.4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Thursday, January 16, 2014 3:30 PM To: Homewood, Sue Cc: Gantt, Matt; Sink, Scott Subject: 41-05 DWR REVIEW SHEET 2013 Here's the review sheet for the renewal and modification of the Pomona Quarry Print this form to POP 9mam POP of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to die perrniltea. MININIAPERMIT APPLICATIOPREVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Pomona Quarry DEMLR Permit # 41-05 County: Guilfoed Applicant's Email: J ay. N ivens@ma rti nmarietta.com PERMIT ACTION TYPE: YES NO Date Commencing r r- , Have land disturbing activities started? Date? r r >1972 Latitude: 36.0633 Longitude:-79.9385 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 2110114 SECTION BELOW TO BE FILLED OUT BY DWR Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 4 1 WedandrC rt:4jdired? 401 Wetland Cert. existing? r Permit #_ r_ rDo'eskDWR ROyhabe enough.information:to dt ¢Beteimine,IflasAdllcertification is required?! "�_; .7.,.- ^.. -• - YES NO X4.'4.i""x1' "� �S^.kp"S i dsturbed at this all r i33zSss ,Are.wetlands „ .�' a Does DWR RO suspect or know of nearby r r wetlands to the site? — '' p-. r, i._. Yro {6N rfr' sis a'wetland delineation regwred pnor to r JD -r r„rr ` w t r CoPn^si'iltant ` ' r -• DWR Issuing the.permrt?wish` r k€�� On"s tto?h'�i1s., ' ' .ht...M1 Rev .OPntPmMr pmi e Pont this loon to PDF Return PDF of this form to DEMLR CO by email cc DEMLR RO, DWR SPU. Send a copy to the penniltee. ' - t ," [rOffsite? e Stream Determination Needed? r r Stream Determirratlot)Completed? �N r -L' f Does DWR RO need a statement that no wetlandststreams are disturbed r r for this project from applicant? ... :. -, )Buffet Determination Needed?' �.%.. .. .r Buffer Determination Completed? r IV- . 7ecyle systerhy'permlt existirtg? x+ermiP#'A e New Recycle System permit required?' r r Enough information to determine? Nori-dischargejpermd exist_ing? i Permit # �I , .' •t�` Does this applicant need to contact the regional of Central DWR Office to r r determine if a State Stormwater Permit is needed? r•Unknown. Will wastewaters discharge to HQW waters r r,7Q10 Permittee with a 7Q10=0? " Flown must — determine. �� � •` 4 .: '� ` "'� ( w -' r O`&N1�Requlremerits r '• _ ' r,. ' k , r HQW/7Q70 Concerns" r ', � � , �r' � f� ..•# 'Dges,DWR,require DEMLR,to the '$t, r Payback fees orrenew r._ I hold permit (e.g: so+DWR can review it4fufther'or DWR perrnit � .M } because DWR`requves more informahod)7 L',.-JOther Please descn6e the reason '. :.. _ hold the permit •` y Mine must wait to dewaler until an O&M plan is r r approved? — **To obtain 7Q10 flows, permiltees must contact the DWR Stormwater Permitting Unit. IfDWR does not have a flow estimate fora specific stream, phoniness will be asked In obtain one. Patroness should contact J. Curtis Weaver at the USGS: 919-571-4043, for more information on obtaining a 7Q 10 flow. USGS will not determine a 7Q10 flow for tidally Influenced water bodies. "' If there is not enough information to oive a complete answer. write in the space Dmvided what you will need to answer this Question completely if you require DEMLR to hold the cornet unfit furthernotice indicate that in the question below. Rm Fantamhar 9ni n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWVR SPU. Send a copy to the permittee. Reviewed by: 0 4) DWR RO Surface Water: Regional Office: Date: RO Aquifer Protection Section: Regional Office: Date: Rav SPntpmhpr Min MINING CHECKLIST FOR ROUTING . anUuods Nano: ,y I I y I/ 7 � PN�[d NaM `1 (Jy�A /1 v Y � r yjlta•1Frrnla No.: - Co ar. UAJ lq�l D& Reahrd: d 1 ill l l/ RWI[nm ALv✓ �Rtm Bafln Nan[: 1 I, pf F Qd A ❑ Na1 � �RLand ^ AW%�IW�IA1 (hadt�ltl� bWOda'14f) ❑ m4witan (maNe)u mu bamdmta) ❑ Re6w M- ❑ Pa"R&W ❑ AA&oW Sr feneatian ❑ ra Nailed: $ ❑ Fa RWdWk $ AOpdm Plfm Mae alum a kdim pg&Aff (e: I�p.oLAYL 'fay MW RnItM - lh Wt- �Rofflad, a"7tlryrop° anuh tl¢ ClrAip tom tan ad aaadr bmh ale DWQ AQ!M AB".&m RMA Fm t0 ale AM l4pr, SW beat CO�f[1 t# Lk RoloMI Dj�wr Dde: Rand /-al-i Ra'd l - /G 2# I •ElDMAM of Wda RCfM= Dda: Rand I Ra'd . I VNe WddVfi RW= caeaxUM Dde: RaW Rend Y✓ m ❑ NS FlSh A Wildlife Eervla Dde: Rated Rerd 93 -ford) Herr unl..rr,.e nail adlflraaon rt9urRs tbd dA )ad b tkytnm) J P6W M* (Ra 3 tW of & 9Vk4ti0 and M) butlan MW tm ❑ Dtwtar of Pab a Rarr4ftm D&-. RaWI Rend ❑ NC Gmlvu( Sanry satin Dare: Rmdd Reid ❑ Dmft 7 Madre Fbherfa Date: RMtd RWd ❑ Dmdm of boll i Wafn c R AbM / (yk LEA) Dde: RMrd R Wd (oily a. 9 ®d nad�lrelm ryantr aril add Ind to an yaMU ❑ DtVWM of AMkW h H" (oily arr lApoafa ❑ otlar: Datr: Raid Rsd Dda: Raid RrCd • •stuyeese Date for CoMeNtS a I l) IQ (rm bra Um ss daye fmw maga> r1 lJ Wenner, Judy From: Wehner, Judy Sent: Thursday, January 16, 2014 3:30 PM To: Homewood, Sue Cc: Gantt, Matt, Sink, Scott Subject: 41-05 DWR REVIEW SHEET 2013 Attachments: 41-05 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal and modification of the Pomona quarry. Print this form to POF Retum POF of this form to OEWR CO by email. cc CEMLR RO, OWR SPU, serM a copy to the permiltee. MININIPPERMIT APPLICATIOPREVIEW FORM forthe DIVISION OF WATER RESOURCES Project Name: Pomona Quarry DEMLR Permit # 41-05 County: Guilfoed Applicant's Email: Jay.Nivens@martinmarietta.com PERMIT ACTION TYPE: YES NO Date Commencing r( rf - - Have land disturbing activities started? Date? r f r ( >1972 Latitude: 36.0533 Longitude:-79.9385 Please return comments to (at DEMLR CO): Judy Wehner SECTION BELOW TO BE FILLED OUT BY DWR Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: _ Is this mine an active permit in BIMS? YES NO 601"Wetland Cert. required? r r_ 401 Wetland Cert. existing? r r Permit f r_ Does';DWWRO' Have enough' information`to .determine1fa40t:certificationlsre uired? YES NO jtt .... '. 1 `3.. • Arree,Mettllaands disturbed this r ( 1.j f�' :,;:> ,� ! •'}�( Y .tl at site? . t Does DWR RO suspect or know of nearby I—( 7 t wetlands to the site? -- -- Is a wetland delineation required pnor to < I v, (Consultant, � f r DWR'Isswng thelperrnn? 't tr4 „ rfOnSlle?.+ Rw Rx+lvn IMn print this form to PDF Return PDF of this torn, to DEMLR CO by email. no DEMLR RO, DWR SPU. Send a copy to the pennutme- p A. .OffSltB� a.. f Stream Determination Needed? r( r streainfDetertnination Completed? r (—' fi r r , mwl_,ry r, r y ;, „•;,.� Does DWR RO need a statement that no wetlandststreams are disturbed rr r( for this project from applicant? Buffesbeterminatiorr Needed?.'''.. ��,-_.` - �. -• ,L� Buffer Determination Completed? Recyclesystemipennitexisting •"�' tpermit# .�.:f New Recycle System permit required?' r ( r Enough information to determine? ,Non -discharge permit existipgT -.(:.. f-rFermit+# f , 00 t , < .. - •_ ,'a, Does this applicant need to contact the regional of Central DWR Office to determine if a State Stormwater Permit is — needed? (Unknown. Will wastewaters discharge to HQW waters (-r r(7010 Permittee with a 7QIO=O? " Flow. must — determine. r(O&M Requirements 3 HQW1.7010iConcems •r Ddesi'DWR requireDEMLR. to hold the - .I r ( Pa back fees �or renew Pay-back (e g so,UWR carreview it further or. DWR.permit.: because DWR requires more information(?ir r (Other• • Please. describe the reason J. - hold the permit:. •^ ROrcontact •- Mine must wait to dewater until an O&M plan is approved? — permit. 'To obtain 7Q70 flows, pemrinees must contact the DWR Stormwater Permiding Unit. HOWR does not have a flow estimate fora specific stream, pemriaees will be asked to obtain one. Permiftees should contact J. Curtis Weaver at the USGSr 919-5714043, for more information on obtaining a 7QI0 flow. USGS will not determine a 7010 flow for tidally influenced water bodies. '^ If there is not wou h information to give a complete answer writein the space Provided what you will need to answer this issishon completely, If you nesume DEMLR to hold the permit until Jurtherrolke. indicate that in the ianestion below. Rw smtumro, omn Print this form to PDF Relum PDF of We form fo DEMLR CC by email. a DEMLR R0, DWR SPU. Send a ropy to the permiltee. Reviewed by: DWR RO Surface Water:_ Regional Office: _ Date: RO Aquifer Protection Section: _ Regional Office: _ Date: _ Rnv .ce,ee„mo, min • A7j�L NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Director January 21, 2014 u. uO.s►I u TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Se retary Land Quality Section Pat McCrory, Governor John E. Skvarla, III, Secretary SUBJECT: Mining Permit Renewal/Modification for Martin Marietta Materials Pomona Quarry Guilford County Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 10, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND -MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:llportal.ncdenr.org/web/Ir/land-quality An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper 0 ��A 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary January 21, 2014 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal/Modification for Martin Marietta Materials Pomona Quarry Guilford County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by February 10, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-92201 FAX: 919.733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http:!lportal,ncdenr.org/weblir/land-quality An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Martin Marietta Materials ® p vEWbRNO. DATEi'. j :CHECK NO.; PO. BOIL 30013 NALEIGH,NOATH CA 11NA 2]aY2-Wll 158632 D1/08/74 1451791 DATE -INVOICE/CSEDIT GROSS AMT. �, ADJ. DEW '. NETAMOUNTA�,^^, .-DISCOUNT 01/07/14 15BW24430OD10714 1,000.00 Pomona Mine Plan Mod! 1,000.00 THE ATTACHEO CHECNISIN PAYMENT FOR nENSDEseweEn TOTAL: 1,000.00 1,D00.00 ABOVE Martin Marietta Materials ° PO. BO%30a13 RALEIGH,NORTN CA OLINA 276220013 VAOR NO. DATE: CHECK NO.- 158632 01/03/14 145165D DATE INVOICE/CREOIT, GROSS ANT:: ADJ.OESC : OISCOl1NT, ,NETAMOUNT--�%* OIIOV14 158632443 010214 1.000.00 Pomona Mina plan rene 1.000.00 THE PRRCNEa CHECK In IN PAYMENT MR ITEMS INCICA Eo TOTAL: 1,000.00 1IOGO.00 AXI Martin Marietta Materials January 14, 2014 Ms. Judy Weimer Assistant State Mining Specialist NCDENR-Mining and Energy 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Martin Marietta Materials, Inc. Pomona Quarry, Permit No. 41-05 10-Year Mine Permit Renewal. and Modification Dear Ms. Webster: This is a letter requesting the 10-year renewal and modification of our Mining Permit for our Pomona Quarry located at 825 Marietta Road in Greensboro, NC. The proposed modifications to the currently approved plan are: • Removal of old information previously shown on the plan. I have included the Mine Permit Application, Mine Permit Review Fee, Updated Mine Map, Updated Reclamation Map, USGS Exhibit Map and Roadway Map. Please feel free to contact me at (704) 409-1475 or atjay.nivens@martinmarietta.com should you have any questions or need any additional information. ay Nivers Sr. Environmental Engineer Martin Marietta Materials, Inc. 8701 Red Oak Blvd. Suite 540 Charlotte, NC 28217 pomona mine permit renewal coverletter 1-9-14.doex Transmittal Letter January 9, 2014 Martin Marietta Materials 8710 Red Oak Blvd Suite 540 Martin Marietta Materials A. Charlotte, NC 28217 �yA• Ph: 704-409-1475 Fax: 704-527-9283 O: Attention: Judy Wehner y NCDENR— Mining & Energy 512 N Salisbury Street Re: Pomona Quarry Mine Permit Renewal Sth Floor & Modification Raleigh, INC 27601-1170 We are sending, you Shop Drawings Prints Copy of Letter Change order Plans Other: Total Quantity Reproducible Samples Copies n 1" Description 6 Mine Permit Renewal Covedetter 6 Mine Plan, Reclamation Map & Erosion Control Drainage Area Map 6 Mine Permit Application (One Original) 1 Check for review for $2,000.00 6 USGS Quad Map Exhibit & Roadway Map These are transmitted as checked below j ✓ For Approval Approved as Submitted Resubmit copies for approval For Your Use Approved as Noted Submit [#] copies for distribution As Requested Returned for Corrections Return [#] corrected prints Comments:RECEIVED Judy, Please let me know if you need any further information. JAN 16 2014 LW3 OUALITY SECTION copy to: - Sign re APPLICATION FOR A WING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) l . Name of Mine Pomona Quarry County Guilford River Basin Cape Fear Latitude (decimal degrees to four places) 36.7167 Longitude (decimal degrees to four places)-81.3052 2. Name of Applicant* Martin Marietta Materials, Inc. 3. Permanent address for receipt of official mail** 2710 Wycliff Road Raleigh, North Carolina 27607 Telephone (919) 783-4668 Alternate No. 4. Mine Office Address 825 Marietta Road Greensboro, NC 27410 Telephone 336-299-2211 5. Mine Manager David Thorne We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date Print Name Jo . Tiberi Title President, Mid -Atlantic Division * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securityl that corresponds to this site. ** The Land Quality Section must be notified of any changes in'the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A WING PERMIT NOTE: All of the following questions must be thoroughly answered regarding ,your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. CENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ® If this is an application for RENEWAL of a mining permit, indicate the mining; permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 41-05 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 415.9 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining, Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No Z. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the'previously approved permitted boundary? Yes ❑ No Z. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the minin � operation? Yes El No ❑ (If no, a "minor modification" fee of $100.00 is require, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Granite 3. Mining method: eHydraulic Dredge ® Front-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 650 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc_) Natural Ground b. Expected average depth of mine (feet) 650 APPLICATION FOR A NNING PERMIT 0 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Currently being mined by Martin Marietta Materials 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing_ Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`" Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.ueoloay.enr.state.ne.us/ County highway maps may be obtained from the N.C. Department of "Transportation: North Carolina Department of Transportation - Geographic Information Systems (GIS) Mailing -Address: NCDOT GCS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.orp,/it/p,isContact/default.html 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m_ Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. APPLICATION FOR A VNING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining; the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: l . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing; map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) APPLICATION FOR A iOiINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds See Map Processing Area/Stockpile Area See Map Wastepiles See Map Haul Roads See Map Mine Excavation See Map Other (Buffer Areas) See Map Total Disturbed Acreage See Map NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. APPLICATION FOR A 11NING PERMIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. Overburden material and sap rock present above the hard rock wilI be removed. The rock is drilled and blasted to produce a product that can be transported to the plant for processing. From there, the raw material is crushed and screened to produce desired products. A construction sequence of land disturbing activities is provided on the Mine Map, specifically as it relates to sediment and erosion control. Maintenance and stabilization efforts will be conducted as noted and as required in the mining act. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locale and label all sediment and erosion control measures on the mine map(v) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Sediment and erosion control measures will be installed in accordance with the Mine Map and construction details. These measures will be installed prior to disturbing the area they are designed to protect. The construction sequence indicates the steps that will be taken to maintain all of the sediment and erosion control measures. Temporary diversions are provided to direct all surface runoff through the sediment basins. Design calculations are provided on the Mine Map to support the dimensions and construction of the proposed sediment basins. The majority of runoff from the property will be maintained internally, either from the pit, or the existing sediment basins. Any proposed changes that are not included on the Mine Map will be submitted to the Division of Land Resources for approval. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes ® NoEl. If yes, briefly describe all such processes including any chemicals to be used. Process wash water from material washing is treated through a closed -loop system within the settling cells. The system operates as a closed circuit with no discharge of process water off -site. The system is further described in the General NPDES permit issued to the mining industry and specifically, NPDES Permit #NCG020060 for this facility. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Water discharged as a result of mine dewatering is comprised of storm water runoff and groundwater seepage. This water will gravity flow to the pit sump for clarification prior to discharge. Water collected in the pit will be used to replenish the closed -loop system or replenish the existing fresh water pond on the property. Any accumulated water that is not needed, will be discharged through the approved outfall location, specifically Outfall 001 shown on the Mine Map. Outfall 001 discharges into Long Branch. Discharge water from the outfall will be tested for pH, Turbidity, Total Suspended Solids, and Settleable Solids; in accordance with the requirements of General NPDES Permit requirements to ensure that water quality standards are met. APPLICATION FOR A WING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes Z No ❑. If yes, do you intend to dewater the excavation(s)? Yes ® No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: 0.90 MGD . Locate all existing wells on the mine maps) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The close proximity of the rock to the surface of the ground and the low level of permeability of the rock in the quarry area indicate that the quarry development will have no detrimental impact on any wells in the area. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The process is described in the General NPDES permit issued to the mining industry and specifically, NPDES Permit No. NCG020060 for this facility. This permit authorizes the discharge of storm water, process water, and mine dewatering to the surface waters of North Carolina. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ® No ❑. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. The NC Division of Air Quality has issued air Permit No.04279 for this facility. b. How will dust from stockpiles, haul roads, etc., be controlled? Fugitive dust from the processing plant, stockpiles, etc. will be controlled through the use of a wet suppression system within the operating plant. A large water truck will be used to control the dust on the haul roads, pit area and within the stockpile area. A large portion of the annual production will consist of washed stone, which generates little dust. 5. a. A buffer will be required between any mining activity and any mining permit boundary or right- of-way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending; upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the ,nine map(v). The existing, previously approved, buffer of 50'. unexcavated buffer along the mining permit boundary will be provided and maintained at this site. Along with the permit boundary buffers, overburden berms are/will be provided to visually shield the operation from the adjoining neighbors. The Mine Map clearly depicts all buffers and proposed berms that will be located at the site. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than APPLICATION FOR A IINING PERMIT 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbin4 activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). Existing streams within the permit boundary will have a 50' undisturbed buffer. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. To assure slope stability adjacent to adjoining properties during mining, slope and excavation configurations will take into account structural geology, rock mechanics, and mining engineering considerations. Final excavation grades for all unconsolidated overburden material will be on a 3: l minimum slope around the outer quarry perimeter from natural ground to the top of bedrock. Further, a minimum ten -foot (10') wide safety bench will be provided at the base of any cut slope and the top of bedrock in this same area. b. Provide a cross-section an the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. See construction details on the attached mine map. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections fr,r all cut slopes must be provided on the mine map(s), Final excavation slopes of unconsolidated materials along the outer quarry perimeter will be graded on a 2:1 minimum slope from natural ground and will extend to a minimum of six feet (6') below the anticipated water level. Internal slopes will be graded on a 1.5:1, or flatter where such areas are anticipated to be above the final water elevation. A minimum ten -foot (10') wide safety bench will be provided at the base of any cut slope around the quarry perimeter where such areas are anticipated to be above the final water elevation. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross - sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. A typical pit cross-section is provided on the Mine Map. The first bench is largely controlled by the existing topography. Lower benches will be consistent of the typical 40' vertical heights and 10' horizontal bench widths between each level. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all .such structures on the mine map if they are within 300 feet of any proposed excavation. All structures within the vicinity of the existing mine excavation are indicated on the Mine Map. With the exception of any proposed on -site support facilities, the closet neighboring occupied structure is located greater than three hundred (300') from the future pit excavation. Blasting activities will be designed and monitored to ensure that vibration and air blast standards are not exceeded. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate APPLICATION FOR A VNING PERMIT boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). The highwall area of the quarry will be "barricaded" by the use of earthen beans, fencing, oversized boulders, or a combination of these items to prevent inadvertent public entry. A ten -foot (10') wide horizontal safety bench will also be provided between the top of the bedrock and the toe of any excavated cut slopes around the outer quarry perimeter. 9. Are acid producing minerals or soils present? Yes ❑ No [E.If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine maps) and provide cross -sections through all proposed berms or proposed spacing, sizes and species f)r tree plantings. Existing trees, terrain, and visual berms will effectively screen the majority of our operation from public view. Trees and vegetation will be planted as needed to promote future long-term screening and soil stability. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? None known to be present. 11. Will explosives be used? Yes ® No ❑. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavalion(s) on the mine map and indicate its approximate distance to the proposed excavation. ANFO (ammonium nitrate and fuel oil) and water -based emulsions are the primary -blasting agents used. Blasting will be conducted under the direction of experienced and qualified personnel. Blasts will be monitored at all times by seismograph to ensure that vibration and air blast levels are within the guidelines set by the State. Shot patterns will be designed in consideration of the geological environment, (i.e., faults, fractures, and lithology) maximize material breakage, and prevent any physical hazards to persons or neighboring property. Blast designs will also be based upon the distance to the nearest dwelling from the blast site and the weight of explosives per blast interval (pounds detonated per eight (8) millisecond delay), which will consistently yield predictable blast vibration levels well within all regulatory limits at subject structures. Records of each blast will be maintained, and will include pertinent data such as the number of holes, pattern, delay intervals, depth and size of holes, type and total pounds of explosives, maximum pounds per delay interval, amount of stemming and burden for each hole, and blast location. Blast and seismograph records will be kept in a NCDENR approved blasting guidelines format. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ® No ❑. If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). Fuel oil, waste oil and gasoline will be stored in aboveground tanks located within adequately sized containment structure(s). A Spill Prevention, Control and Countermeasures Plan (SPCC Plan) has been prepared for the facility, which details the procedures to be followed in the event of a spill. APPLICATION FOR A VNING PERMIT 0 D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to he constructed as part of the reclamation plan and the location(v) of all permanent channels must he indicated on the reclamation map. Reclamation of disturbed areas will be an ongoing part of the operating plan_ Disturbed areas will be graded and revegetated in accordance with the seeding schedule as provided. At such time as the decision is made to terminate operations at this site, all remaining disturbed areas will be graded, seeded and stabilized. The excavation will be allowed to fill with water providing a large lake for water storage, supply, recreation, or other use to be determined by the landowner. 2. Is an excavated or impounded body of water to be left as apart of the reclamation? Yes 0 No ❑. If yes, illustrate the location of the body(~) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(5) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ❑ No Z. If yes, specify species. The pit and suppply lake will remain as permanent water impoundment use. The average depth of water in the pit will be determined by the ultimate depth of the pit at the time operations are terminated, but in no case will be less than a six foot (6') minimum depth. The stocking feasibility with fish will be left to the discretion of the landowner and the future plans once mining has stopped. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. A minimum ten -foot (10') wide safety bench will remain along the top bench around the entire pit. A perimeter fence will be placed around all excavations upon completion of the mining operation unless alternate plans for the property are pre -approved through the Division of Land Resources. 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Overburden will be utilized to grade/construct internal roads and as fill material for perimeter screening berms. All fill slopes will be stabilized/seeded once complete. Overburden, refuse, spoil banks, or other mine waste areas existing at final reclamation will be graded and compacted to slopes of 2:1 or flatter and will be vegetated in accordance with the seeding schedule. All areas will be graded to provide positive drainage and stabilized to prevent erosion. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. APPLICATION FOR AVN1NG PERMIT 0 All processing facilities will be dismantled. Salvageable equipment wit) be hauled off -site for use at other Martin Marietta operations. Equipment that cannot be reused will be disposed/recycled in accordance with all local, State, and Federal regulations. Stockpiles will be removed, and the affected area graded to conform to surrounding topography. These areas will then be scarified and revegetated. Haul roads and roadways not necessary for future development will also be scarified and revegetated b. Will any on -site roadways be left as part of the reclamation? Yes ® No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The main haul road and service roads will remain for vehicular access to the lake formed by the pit. These roads shall be stabilized while the quarry is active. Other roads to remain will be determined by the future use of the site after operations have ceased. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site generated waste shall be disposed of on the mine site without nEiff written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must he clearly delineated on the mine map(s) and reclamation map, along with a list of items to he disposed in .said areas. No off -site generated waste will be allowed on -site. Waste products generated through typical quarrying activities (i.e. scrap metal, cables, drill steel, etc.) may be disposed on -site in a designated area but will typically be removed by a local scrap metal dealer. All other waste products such as batteries, used oil, junked equipment, etc. will be recycled and/or disposed of off -site by private collection firms. 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): According to soil tests, or 3,000 lb./acre FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): According to soil tests, or apply 10-10-10 at a rate of 500 lbs.facre. APPLICATION FORA INING PERMIT is SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Will follow schedule from NC Surface Mining Manual. Seed Types: Seeding Dates: Seeding Rates: MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Apply 4,000 — 5,000 tbs./acre grain straw or an equivalent cover of another suitable mulching material. Anchor mulch by tacking with asphalt, roving, or netting;. OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing; of trees/shmbs, etc): Virginia or Loblolly pines will be planted as needed to improve area screening. Revegetation and/or reforestation plan approved by: Signature NC Surface Mining Manual _ Date Print Name Title Agency APPLICATION FOR A MINING PERMIT • E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to he used to establish an appropriate bond (based upon a range of S500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. — $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) Tem & Permanent Sedimentation & Erosion Control Measures: Divi a the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 — $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) APPLICATION FOR A WING PERMIT 0 F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BV NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" ® 0 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that (Applicant Name) has applied on ( Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): ❑ a new surface mining permit, ❑ a modification of an existing surface mining permit to add land to the permitted area; or ❑ a modification of an existing; surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine in on (Mineral, Ore) (Number) acres located (Miles) of off/near road (Direction) (Nearest Town) (NumberlName) County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bI), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining; these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filings of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding specifics of the nronosed minine activity, please contact the applicant at the following telephone number: . For information on the mining permit application review process, please contact the Mining Program staff at (919) 733-4574. Please note that the Department will consider any relevant written (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 0 (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) (Address of Applicant) APPLICATION FOR ANINING PERMIT 0 AFFIDAVIT OF NOTIFICATION I, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) ['i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining; these tracts, that are within 1,000 feet of the mining; permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bI) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit M a Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission APPLICATION FOR A IINING PERMIT 0 G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:* Print Name 4 hn J. T ri Print Name: 16 J. Tiberi (Title, if applicable) Company: Martin Marietta Materials, Inc. Title: President Mid -Atlantic Division Address: 2710 Wvcliff Road Company: Martin Marietta Materials Inc. Raleigh, NC 27607 Mine Name:. Pomona Ouarry Telephone: 919 781-4550 Telephone:(919) 781-4550 7 0 Date Signed: Date Signed: _�rZI'-?/, /Z 'Signature must be the same as the individual who signed Page 1 of this application. Trans aria rectamanon mans, anu the appropriate orocessme ice (see next page Tor tee scneuule) in me form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. APPLICATION FOR A MI G PERMIT 'MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres $3,750.00 $750.00 $750.00 $100.00 26+acres $5,000.00 $1,000.00 $1,000.00 $100.00 * A nonrefundable 5100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area. outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. ALI other changes are considered major permit modirications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or Wth. There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. -20- APPLICATION FOR A MIWG PERMIT Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice:828.296.4500 • FAX:828.299,7043 Fayetteville Regional Office • Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Syslel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice: 910.433.3300 • FAX: 910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice: 704.663.1699 • FAX:704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice: 919.791.4200 • FAX: 919.571.4718 Washington Regional Office • Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne • Address: 943 Washington Square Mall, Washington, NC 27889 • Voice:252.946.6481 • FAX: 252.975.3716 _21- APPLICATION FOR A MI G PERMIT LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice:910.796.7215 • FAX:910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice:336.771.5000 • FAX:336,771.4631 -22- APPLICATION FOR A MI*G PERMIT 0 SCHEDULE. OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S-Piles W.Piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(1,) FS, M I, 1500(FI) 2500(PD) L1, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(1'D) PE, AU, 1000(L) 2500 3000 3500 2000(L) 11, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING. AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. 23 211) Q 27l Burnt Pap?ar,Rd. ex • >Y r V! wl 423rye' a FRIENDSNiOOD •' ; r yr a 'r E. _ ' O 2124 i o�� 1 •� Oa"Y Rd, 6t Rd. Chimney. r� Pomona {quarry to3a Y" �•-r-• i enPiEDMOfJ7 y. } 1'Jendoverra CENTRE ORTH FAST PIEDMONT P K Place /ogr1& � i �1 OC�e . + t0. ,: _- - - ay_Rsi �` zr � s, ' t nemirk: l . . 13 P. v0U ' 4 th i �Q,[� ..I�21._s�"�'Q•�j� ; O;. ,J,_ ' i GRANITE RIDGE APART4ENRTA5,C/} IsQLACRE-S1 ,t iA G� EPIEDMOMTTPIEDMONT' • .� ,t�- /'j�'�' G y �, 1 • _t?i"; ,. ` , .rCENTRE i / 7"r;�iQor o �` Ir 7j�"J �O Q - \ { 1� f� ✓illardDai ' r ;o P RIVER PARKWAY . f/ 'f� C `yR__... �� "' PLANTATION VILLAGE HIGHLANDS` .� x• , CROWNE}LA1fE REMIER I \ f APARTMENTS i .ENTER TAR_ RANT TRACE ► y A —». -, - - - ` - t /f 7 ; �- $EECHC 4- 7 rr-ED--. `PIMONT FE `ii LAUREL.BW1 ` Hill ` F CENTRE SOUTH E ., v r APARTMEN,,TS:k-WE ,i AKEIA COVE ? AT TAMES JUN .EP RIVER ' S6tear.� 1SITE� + 'o l l��r/ - #� )AMESFORD aRTMENT5 _p- - . y 1MEA.�, ..\'♦ t'.y + �r.... i_ :LAKESIDE AT" � Hll 0 KM COSTopo 1, ':A I(k \J�{��`✓'\ij �� 5�:,�� /� Pity .'tf"_M1�k �-�:.,M1� t ��'.�=v`JC`1,— � ,✓,j��l'Ys� �1 �,` � .r_. ��ri_ �� it I�� I\u ' �,�� {I �i. tot.?:'I ram. tj '�r;j Jon 14, 2014 — 9:51am H:\Greensboro Quarries\Pomona (44309)\Drowings\Mine Map\Pomona Mine Map 1-6-14.dwg bmpb[-9—[ dDw awW DuowOd\dDW awW\SbMMDap\(6oV'bb) Duowod\sauJDno oJogsuaaJg\:H wD�q:6 — bLpZ 'bL uDp CIEA feuz suotsuaunp teug °polvdpilur are uuid stgl uo umogs suuaq agl3o lualxo aqj •aiq prAr sow000q leiaalew su limq aq of aae suuag (E •uotlelAan le.mleu of lzanaa of pomolT, pur umouzun oq hugs Bare aogjo oql ap►slno siapinogs puoi puoXoq sadols put, suuaq `alnpagoS RuipooS .gad st, 2utp33s jal3V (Z •ainpagaS RutpooS ui su paas.IOAO `lsixa lou saop Janos luotoS3ns 31 •uotlUla$an gl!M paztitquls oq of (•ola `sunup `suuaq `sjapinogs peoi •a•l) lanai 1alem anoge seam pan$dun II`d (I :SHION II I�I It�l I ICI k �I I IF�IF_�I�I ICI I IgI I��I� ��I� �t2 I I II III— --ill I IFII I ICI I�I�I L7�I I�I�I 4'� I�1�1 trd � xz 9Z9L917VZ8L NId / yo n yD } } a 8 II.H }un H 9 68 9gIZZ8L Id --_ yMv___ MO DJD N \ 4 S 6L�L8b�Z8L Nld 90Z6L4@V4 D NO tom,, — t I- SIDIJa}DN D}}auDW ui}JoW yOJny� }sipoy}ayy anoJ� �(Jo�DiH / ;i -- Nd oul ' oossy sJoH� a6Dln ADMIJDdMJ�JDd A a NCVENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section Tracy F. Davis, PE, CPI Pat McCrory, Governor Director John E. Skvarla, Ill, Secretary July 15, 2013 Mr_ Brian North, PE Martin Marietta Materials, Inc. 413 S. Chimney Rock Road Greensboro, North Carolina 27409 RE: Mining Permit Nos. 01-02, 01-08, 04-08, 07-57, 13-23, 13-25, 14-07, 18-01, 18-09, 19-20, 23-02, 25-12, 26-51, 29-03, 34-09, 35-08, 36-12, 36-25, 41-04, 41-05, 41-06, 41-07, 41-18, 41-23, 42-08, 42-15, 49-01, 51-18, 51-46, 52-07, 53-01, 55-02, 60-01, 60-02, 60-04, 60-09, 62-41, 63-09, 65-01, 67-01, 67-39,68-02, 71-09, 73-01, 74-02, 76-02, 77-21, 79-06, 80-01, 80-02, 90-02, 92-01, 92-11, 92-12, 98-30 and 99-05 Alamance, Anson, Beaufort, Cabarrus, Caldwell, Catawba, Chatham, Cleveland, Craven, Cumberland, Davidson, Forsyth, Franklin, Gaston, Guilford, Halifax, Iredell, Johnston; Jones, Lee, Lincoln, Mecklenburg, Montgomery, Moore, New Hanover, Onslow, Orange, Pender, Person, Pitt, Randolph, Richmond, Rockingham, Rowan, Union, Wake, Wilson, and Yadkin Counties Cape Fear, Yadkin, Tar -Pamlico, Catawba, Broad, Neuse, Roanoke, and White Oak River Basins Dear Mr. North: Your request to have the corporate name changed on the above referenced mining permits from Martin Marietta Aggregates to Martin Marietta Materials, Inc. is hereby approved, As we have received the required surety in an amount sufficient to cover these operations, I am enclosing new cover sheets for each updated mining permit. The permit number, expiration date and mine name shall remain the same as before this corporate name change_ Please attach this approval letter to your existing mining permits for future reference. Please review the cover sheets carefully and notify this office of any objections, questions or corrections that may need to be addressed. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-707-9220 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: hit :1l ortal.ncdenr.or /webllrlland ualit An Equal opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. North Page Two Thank you for your, cooperation in this matter. If you should have any questions, please contact Ashley Rodgers, Assistant State Mining Specialist, at (919) 707-9220. Sincerely, Janet S. Boyer, PEI-� State Mining Specialist ti L.'and Quality Section JSBIar Enclosures cc: Mr. Matt Gantt, PE Mr. Brad Cole, PE Mr. Pat McClain, PE Mr. Zahid Khan Ms. Laura Herbert, PE Mr. John Holley, PE Mr. Dan Sams, PE Ms. Shannon Deaton -WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Materials, Inc, Pomona Quarry Guilford County - Permit No. 41-05 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION_ DATE: February 3, 2014 f ';A �gj;. NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PF Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary July 29. 2010 Ms. Stephanie Graham Environmental Engineer Martin Marietta Aggregates 413 South Chimney Rock Road Greensboro, North Carolina 27409 RE: Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Ms. Graham: Your recent request to have the above referenced mining permit modified has been approved, This permit has been modified to include the addition of Berms A, B and C along the northwest and northeast sides of the site, the installation and maintenance of all associated sediment and erosion control measures, and the addition of buffer along the relocated Long Branch. In addition the modification includes the addition of a Recycled Concrete Area within the pit for processing through the existing plant and allows the temporary stockpiling of clean soil material from the Department of Transportation's Hornaday Road Extension Project that will be ultimately be placed in approved overburden berms. Lastly, the modification includes an adjustment to the permitted and affected acreage because of better mapping from 2010 aerial photography. The modification changes the permitted acreage to 415.94 acres and the affected area at this site to 287.57 acres as indicated on the Mine Map last revised June 16, 2010. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. i would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3D, 3E, 4G, 4H, 10B, 12E and 12F and Reclamation Condition No. 2E. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 415,94 acres and the amount of land you are approved to disturb is 287.57 acres. 1612 iAail Service Center, Raleigh, North Carolina 27699 , i2 - Telephone 919.733-45741 FA 19-733-2876 512 North Salisbury Street, ,Raleigh, North Carolina, 27604 - Internet:http:l�www.dlr.enr.state.nc.uslpaces,landqualitysection.html An EGuai )pponunily 1 Affirmative ,Action Employer - 50% Recycled 110% Rost Consumer Pa_e. Ms. Graham Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist. at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Francis M_ Nevils, Jr., PE Section Chief FMN/jw Enclosures cc: Mr. Nlatt Gantt, PE Ms. Shannon Deaton - WRC, w/permit Mr. Bradley Bennett - DWQ, w/permit Mr. VVilliam Gerringer-Mine and Quarry Bureau. w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of -a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to. - Martin Marietta Aggregates Pomona Quarry Guilford County - Permit No. 41'-05 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 3, 2014 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment 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. nP.fini4innc 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. Modifications September 20, 1993: This permit has been modified to allow the stripping of an additional 16 acres west of Long Branch and the construction of a new berm along the west side of the site as indicated on the Mine Map last revised June 29, 1993. November 4. 1996: This permit has been modified to increase the pit area by 29.4 acres and construct the associated erosion and sedimentation control measures as indicated on the mine map last revised September 13, 1996 and the 11 x 14 inch mine map and detail sheets dated August 29, 1996. December 19. 1997: This permit has been modified to expand the overburden disposal berms located on the west and south sides of the property and add the associated erosion and sediment control measures as indicated on the mine map last revised June 30, 1997. Pace 3 December 23, 1999: This permit has been modified to provide designed sediment control measures for the overburden stripping areas AND TO ALLOW RELOCATION OF long Branch around the future pit area on the southwest side of the plant (incorporating 4150 feet of new channel) as indicated on the Mine Map last revised December 21, 1999 and the "Insert from 619 Mine Map 12-21-99" received by the Land Quality Section on December 22, 1999. September 14, 2001: This permit has been modified to allow the construction of a gravel roadway through the new 50 foot buffer to allow access for clean stone stockpiling for the future off -site concrete plant as indicated on the Mine Map last revised August 30, 2001. In addition, a partial release has been granted of the undisturbed 7.8 acre area at the site. February 3, 2004: This permit has been modified to increase the affected acreage to 353.9 acres as indicated on the Mine Map last revised December 4, 2003 for the construction of a temporary road located along the west side of the permitted area. The temporary access shall be used for overburden removal only and the buffer will be re-established once overburden removal has been completed. March 13, 2008: This permit has been modified to increase the affected acreage at this site to 356.74 acre acres as indicated on the Mine Map last revised December 13. 2007. The modification includes the construction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant that is located outside of the permitted area. July 23, 2008: This permit has been modified to increase the affected area to 359.0 acres as indicated on the Mine Map iast revised July 15. 2008. The modification includes the addition of a berm along the northwest corner of the site, installation and maintenance of all associated sediment and erosion control measures and the elimination of an old settling pond. In addition, the modification includes the relocation of Road "A" approximately 150 feet north of its current approved location. JOV 29, 2010: This permit has been modified to include the addition of Berms A, B and C along the northwest and northeast sides of the site, the installation and maintenance of all associated sediment and erosion control measures, and the addition of buffer along the relocated Long Branch. In addition the modification includes the addition of a Recycled Concrete Areq within the pit for processing through the existing plant and allows the temporary stockpiling of clean soil material from the Department of Transportation's Hornaday Road Extension Project that will ultimately be placed in approved overburden berms.. Lastly, the modification includes an adjustment to the permitted and affected acreage because of better mapping from 2010 aerial photography. This permit has been modified -to change the permitted acreage to 415.94 acres and the affected area at this site to 287.57 acres as indicated on the Mine Map last revised June 16. 2010. Exoiration Date This permit shall be effective from the date of its issuance until February 3, 2014 Page 4 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: Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water 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 Water Quality, to secure any necessary storm water 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 and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S_, or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission, B. Prior to directing the flow of Long Branch into the relocated channel, the permittee shall contact the Division of Water Quality for final approval of the "as - built" channel and its required features, C. The 4150 foot channel relocation of Long Branch shall be conducted in accordance with all applicable permit requirements approved by the Division of Water Quality. Page 5 D. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected 'and and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. E. All buffer zones shown on the Mine Map last revised June 16, 2010 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Appropriately designed diversion ditches shall be installed and maintained on both sides of the creek where temporary creek crossings are made to direct sediment laden runoff to the approved sediment control measures- C. Temporary slope drains shall be utilized to convey runoff from the top of the berms in a nonerosive manner. In addition, appropriately designed energy dissipatcrs shall be constructed at the outlet of the slope drains. D. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised December 4, 2003 and the supplemental information dated August 21, 2003, September 12, 2003 and December 5, 2003. E. Mining activities associated with the construction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant shall be conducted as indicated on the Mine Map last revised January 25, 2008 and the supplemental information received by the Land Quality Section on December 5, 2007, December 18, 2007 and January 28, 2008. F. Mining activities associated with the berm addition along the northwest corner of the site, the elimination of the old settling pond and relocation of Road "A including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Mine Map last revised July 15, 2008 and the supplemental information received by the Land Quality Section on ,tune 18, 2008, Page 3 G. Mining activities associated with the addition of Berms A, B and C along the northwest and northeast sides of the site and the addition of a Recycled Concrete Area within the pit, including the installation and maintenance of all associated sediment and erosion control measures, shall be conducted as indicated on the Mine Map last revised June 16, 2010 and the supplemental information received by the Land Quality Section on May 18, 2010 and June 18, 2010. H. Only clean soil material from the Department of Transportation's Hornaday Road Extension Project shall be temporary stockpiled as indicated on the 8 '/2 X 11 inch map inset received via e-mail on June 28, 2010. Said clean soil material shall ultimately be placed in approved overburden berms. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Qverburden cut slopes along the perimeter of any pit expansion conducted after September 20, 1993 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after September 20, 1993. 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. Page 7 8. Blasting The operator shall monitor each blast with a seismograph located at distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring. In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. .m.a,,., n ...,...� r, H4 or Wio�21. B, Ground Vibration Without Monitoring' In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (Dirl2 Ds = D Wvz V = 160(Ds)-' s Page 3 W = .Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitoring:. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lowerflatresponse 129 peak D, Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/Wo.33)-rz P, = 20 x log (UJ2.9x10"9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). Page 9 D = Distance from the blast site to the nearest inhabited building not owned or leased -by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels,, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals, depth and size of holes: type and total pounds of explosives: maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorizatior to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. FIvrock Prevention. - The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. Page 10 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. Notice_ The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. Hi& Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope along any pit expansions conducted after September 20, 1993. 10, Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last revised June 16, 2010. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. Page 1 I 11. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A, No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment 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 Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit. the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): .1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal; 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. Page 12 E. Concrete debris may be brought onto the site for recycling and stockpiled within the pit area as indicated on the Mine Map last revised June 16, 2010. Said concrete shall be processed through the existing plant. F. Clean soil material may be brought onto the site from the Department of Transportation's Hornaday Road Extension Project and shall be temporary stockpiled as indicated on the 8 % X 11 inch map inset received via e-mail on June 28, 2010. Said clean soil material shall ultimately be placed in approved overburden berms. 13. 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. 14. Bonding The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. 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 1 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 . The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are. or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall. and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 14 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A. through F. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan noted on the Reclamation Map last revised August 13, 2003, Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 15 This permit, issued July 20, 1972, renewed May 18, 1982, modified and renewed September 20, 1993, modified November 4, 1996, December 19, 1997, December 23, 1999 and September 14, 2001, renewed and modified February 3, 2004 and modified March 13, 2008 and July 23, 2008, is hereby modified this "th day of July, 2010 pursuant to G.S. 74-52, $y: / r James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Rodgers, Ashley ' From: Brian North <brian.north@martinmarietta.com> Sent: Tuesday, June 25, 2013 10'.46 AM To: Rodgers, Ashley Subject: RE: Additional LEAS needed for Martin Marietta name change Ashley, Thanks for the work on this request. We will provide the revised LEA's back to you ASAP. Also, congratulations on passing the PE 11 I know you put in a lot of hard work. Take care. Brian K. North, PE Division Environmental Manager Martin Marietta Materials, Inc. (336) 389-6616 (Office) (980) 721.1212 (Mobile) From: Rodgers, Ashley fmailto7ashlev rodoerstancdenr aovh Sent: Friday, June 21, 2013 2:19 PM To: Jay Nivens Cc: Brian North Subject: Additional LEAS needed for Martin Marietta name change Jay, As discussed, I will let this email serve as my request for additional information for the Martin Marietta Materials, Inc name change. After a file review, the following permits need new Land Entry Agreements to provide the correct applicant name (Martin Marietta Materials, Inc.): 04-08 Pee Dee Quarry 23-02 Kings Mountain Quarry 36-25 Gaston Quarry 60-04 Matthews Quarry 90-02 Bakers Quarry In addition, we are requesting new Land Entry Agreements for the following permits to provide the correct Quarry name: 18-01 Hickory Quarry 68-02 American Stone Quarry Please provide completed, original Land Entry Agreements for each of the mine permits listed above. As always, let me know if you have any questions. Thanks, Ashley Rodgers, PE Assistant State Mining Specialist NCDENR Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 (919) 707-9220 (919) 715-8801 - fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. MINING CHECKLIST FOR ROUTING AyyhaodxNamr.It)ci+Ts 17anHIC, I'{„y4!rsa:�-PropNamc: b,, b, •i, d:, f J Ayyho.IPmMtMd.: r .-k :•l{} comft)� y;abt,a„s DatrRadork i?'/14 jl3 RcN[rm. 1-1. WW RIO Name: ``✓a ii ❑ New ❑ Ree A ❑ modrjlea (wWcymMu6a4dries) ❑ Mai1(IratlaM(adrfdeyemdt6maAaNv) ;F Trm* - -r-�� ❑ Rdeam Parod Rk" ❑ AaW0191 1 011MA M ❑ Fee Nadcd: s O1 FCC RA-dr : $ 51900. 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U.ii, �.:cJ;. <_�,;t.<n it 1'"1 � Martin Marietta Materials I R�CEIVE'� Greensboro District 413 S Chimney Rock Road Greensboro, NC 27409 JUN 0 4 2M Telephone: (336) 668-3253 Fax: (336) 668-1092 Div of Land Resow May 31, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7010 1670 0000 5792 1231 Mr. Tracy Davis, PE, CPM Director, Division of Energy, Mineral, and Land Resources ' North Carolina DENR 1601 Mail Service Center Raleigh, NC 27699-1601 Re: Request to Change the Name on Existing Mining Permits Dear Mr, Davis: Thanks for taking the time to meet with Yvonne and me on Monday, May 6, 2013 to discuss the legal ownership name and reclamation blanket bond for all of the North Carolina mining permits that have been issued to Martin Marietta. As we discussed, the company name that has been listed on our mining permit applications in the space for "Name of Applicant" for many years has been Martin Marietta Materials, Inc., though the mining permits have been issued under the name of Martin Marietta Aggregates which is an operating division of Martin Marietta Materials, Inc., but not a separate legal entity or subsidiary. In review of the permits issued for Martin Marietta's quarries, we have determined that all of the previous mining permit renewal applications and the most recent mining permit modification submittals have been requested using the corporate legal name of Martin Marietta Materials, Inc., along with all of the associated Land Entry Agreements that are currently on file with your Department. Therefore, it is our understanding that the documents currently on file with your office are corcc[ and it is not necessary to submit additional documentation. The attached Surety Rider reflects a connection to the name of the Principal of the existing Reclamation Blanket Bond from "Morin Marietta Aggregates, a Division of Martin Marietta Materials, Inc., a Subsidiary of Martin Marietta Corporation" to "Marlin Marietta Materials, Inc." It is our desire that a0 existing and future mining permits that are issued by your Department to Martin Marietta be listed with the legal corporate name of Martin Marietta Materials, Inc. Attached is a list of the permits which are affected by this request. A check for $5600 is attached to cover the $100 processing fee for each permitted quarry. If you have any questions or need additional information, please feel free to contact me at (336) 389-6616 or e-mail me at brian.northGdmarlinmarietta.com. Sincerely, r� RTIN MARIETTA MATERIALS, INC. �aj/`� v ✓il/ �� 0 Brian K. orth, PF Division Environmental Manager LIST OF PERMITS FOR MARTIN MARIETTA MATERIALS, 1NC. 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Please let me know if you have any questions. Thanks, Ashley From: Stephanie Graham [mailto:Stephanie.Graham@martinmarietta.com] Sent: Monday, June 28, 2010 1:55 PM To: Rodgers, Ashley Cc: Joe Opel Subject: Pomona Quarry Hi Ashley, Thanks for your help this morning, and attached is a map showing the location of the storage of the temporary dirt stockpile to be utilized by DOT. The dirt is clean material and is coming from the Homaday Rd extension DOT right-of-way. The material will be placed in a previously approved stockpile area at our site. The quarry will construct a small berm out of stone around the area to immediately confine any mnoff. After the requested modification approval, we will move the material to the proposed berm and construct the visual screening berm. Thanks Again, Stephanie u Rodgers, Ashle From: Stephanie Graham [Stephanie.Graham@martinmarietta.mmI Sent: Monday, June 28, 2010 1,55 PM To: Rodgers, Ashley Cc: Joe Opel Subject: Pomona Quarry Attachments: PomonaDirtStockpile.pdf Hi Ashley, Thanks for your help this morning, and attached is a map showing the location of the storage of the temporary dirt stockpile to be utilized by DOT. The dirt is clean material and is coming from the Homaday Rd extension DOT right-of-way. The material will be placed in a previously approved stockpile area at our site. The quarry will construct a small berm out of stone around the area to immediately confine any runoff. After the requested modification approval, we will move the material to the proposed berm and construct the visual screening berm. Thanks Again, Stephanie Pet, SA4&A ru", WrV (WAS * Mov< /f,(� CIL 5infJL rnpofvio 0I3 -Prvyvw taq juLvvh DOT Qvtjrf &J IS Ck4D6t1 rvvz}(60g0) a tat11 bt jglwta 'ln an alfeac - oPPrlved 110 v`1 RViO- (tJhuti w t Kau.. 0.lrto ri eont-;I 4 r e d r\LcLoawJ ease, ok io gut a fp ow" do *Y's 319fC C kcfivd13- r. • • 1*1 Wilson Trucking Ct Wehner, Judy From: Sink, Scott Sent: Thursday, June 24, 2010 8:26 AM To: Wehner, Judy Subject: add'I info 41-05 Judy, This is for 2Items asked for in report. Items have been addressed, with no other problems found. Scott Sink NC DENR Winston-Salem Regional Office Division of Land Resources, Land quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. A)Tkll] 'S Nan[: Anlle./Peat No.: • • MINING CHECKLIST FOR ROUTING Project Nett: Cmgl. 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Martin Marie Materials Greensbom Dishlct 413 S Chimney Rock Road Greensboro, NC 27409 Telephone: (336) 668-3253 Fax: (336)668-1092 Jane 17, 2010 Attn: Ms. Judy Weiner, Assistant State Mining Specialist Land Quality Section Department of Envimnment and Nature) Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Pomona Quarry Modification Request Mining Permit No. 41-05 Guilford County Dear Ms. Weiner: LRF,QE !UN 18 9nln [MID'^ Please find enclosed two copies, per your request, of the requested information for the above modification. The following information has been provided to address comments from your letter dated June 14, 2010: • Provide construction details for the berm construction, including overburden placement, benching, stage seeding, slopes and temporary and permanent seeding schedules. Any outside slopes of screening berms with no active grading on them for 21 days should have temporary ground cover. A phased berm detailed has been added in the map and the previous one removed. A note has been added to the detail to ensure the understanding of the 21 day temporary cover. The seeding schedule has been revised to more clearly show the temporary seeding and the berth detail refers back to the seeding schedule. • Show the Hnrnaday Rood Extension on the mine map. Although construction on this road has begun, it is far from being completed; therefore it cannot be accurately shown on the mine map. I have enclosed a copy of the Vicinity Map and a section of the overall map from the NCDOT plans so you can see the general location of this road as it Pertains; to out permit boundary. After the completion of the road, it will be added to the mine map using the most recent aerial. Please feel free to contact me at (336) 389-6623 or at stephanie.graham@martinmariena.com should you have any questions or need any additional information. Sin rely [C1Juc.- A Stephanie Graham Environmental Engineer Martin Marietta Materials, Inc. S'aa I�hPat F9 Fnr Tnriax of Chaat.c POTSta. 10+00.0( PCSta. I2+gfr END CONSTRUCTION STA10+00.00 ROCK 1 z 20+16,22 11 li tl 1 tl ' 1 I ' PCStc. 25+42.13�� Taa -Yl- POT STA.10+00.00 = MMDR PDT STA.14+85°45 JF5 1 o ; U PCSta. I1 +95.13 :-CHIMNEY; CENTER 8LVD. J 1 I 1 I ' 1 1 1 tt --------------- F7�PTSta. 35+41.82 PCSta. 34+27,41 l 1 1 )PTSta77,32+93A 1 END CONSTRUCTIOP 7 FUTURE URBAA U-2524 A =------------- STA° 36+75.0: 'ayetteville Street Suite 1303 .IGH, N. C. 27601 0 a 4 O _wT 0 f f I T Y 1' =4T HORMNTAL RAN AND PROFILE) 1' =4' VERTICAL ffROH Z TYPE CONTRACT CONTRACTOR AS BULT AUTH. DATE BENCH MARKS ROADWAY — SEWER — WATER __ SDFWAe( n u • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back 0 the mailplece, or on the hand It apace permits. 1. Mick ACOreaed b: MS STEPHANIE GRAHAM MARTIN MARIETTA AGGREGATES 413 SOUTH CHIMNEY ROCK ROAD GREENSBORO NC 27409 A. Rx vecl W %ease Rini C � 1 I B. Da/ p' ^q4i V D. Sia-- � IW/ D. kdYnW"sUiaeienLevnikm t9 V Yes II YES:delHWy ndar�s a9aw ❑Ne JUN 17 2010 I .: ew <cr.710N 3..r— GenifiDd" Fspcss Mal FEE yJ❑`AIRStum necelpt br Merchandise red Mae PS Farm 3811, July 1999 Domestic Return Receipt lw!hR- pko9sx UNITED STATES PDSTAL SERVICE G+.I;kWY.L2SG14L1CC61I `EZ ZA - Y'iC'C'n.4iil'OWT-MIACEb'AP ' your name, North Carolina Depahment of Environment & Natural Resources Land Quality Section 1612 Mail Service Center Raleigh INC 27699=1612 1740-7401 A Ally • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Lard Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary June 14, 2010 Certified Mail Return Receipt Requested 7008 1830 0001 8839 2721 Mr. Stephanie Graham Martin Marietta Aggregates 413 South Chimney Rock Road Greensboro, North Carolina 27409 RE: Pomona Quarry Permit No. 41-05 Guilford County Cape Fear River Basin Dear Ms. Graham: We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide construction details for the berm construction, including overburden placement, benching, stage seeding, slopes and temporary and permanent seeding schedules. Any outside slopes of screening berms with no active grading on them for 21 days should have temporary ground cover, 2. Show the Hornaday Road Extension an the mine map. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2676 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet: hltp:11,w w.dlr.enr.state.nc.us/pages/landqualitysection,html An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper Certified Mail Ms. Graham Page Two Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the Information currently in the Department's files at the end of the 180•day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 7334574 if you have any questions. incerely,n Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc. Mr. Matt Gantt, PE Wenner, Judy From: Kirchner, Chuck Sent: Monday, June 07, 2010 10:33 AM To: Gantt, Matt; Nevils, Mell; Rodgers, Ashley; Wenner, Judy Subject: Comments: Pomona Quarry 41-05 in Guilford County The following are comments for the Pomona Quarry Mine, permit number 41-05, located in Guilford County 1. Show location of future Hornaday Road on plans. 2. Ensure berm slopes are maintained at 21 during construction. This should be clearly shown on plan detail. In addition, provide note that any slope left undisturbed with no active grading on it for over 21 calendar days must be seeded and mulched. All other aspects of plan appear accurate and adequate. Thank you, Chuck Kirchner INC DENR Winston-Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, NC 27107 voice: (336) 771-5000 FAX: (336) 772-4631 chuck.ki rchnerOncde nr.gov • =,1'Zf� 0 MAY 2 q �r ,.. if, ,,i i AI D ��, r rT1nN1 ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Shari L. Bryant, Piedmont Region Coordinator Habitat Conservation Program DATE: 26 May 2010 SUBJECT: Mining Permit Modification for Martin Marietta Materials Inc., Pomona Quarry - Permit No. 41-05, Guilford County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit request. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G_S. 74-76 through 74.68 15 NCAC 5). Martin Marietta Materials, Inc. is requesting a modification of their permit for mining granite. The modification involves 6.5 acres within the previously approved permitted boundary. The total permitted area is 426.6 acres. The proposed modification includes extension of a previously permitted berm, construction of two new berms, and the addition of a recycled concrete area in the pit. Long Branch and an unnamed tributary to Long Branch Row through the site. These streams are tributaries to East Fork Deep River and High Point City Lake in the Cape Fear River Basin. Although we do not object to the proposed permit modification, we offer the following recommendations to minimize impacts to aquatic and terrestrial wildlife resources. Maintain a minimum 100-fool undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands for the present operation and any future expansions. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, and aquatic habitat both within and downstream of the project area. In addition, these buffers will provide an adequate travel corridor for wildlife species. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. We request that sediment and erosion control structures be located outside of these buffers. Water discharges from the project site should be proportional to the size of the receiving stream, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement High water discharge rates Mailing Address: Division of Inland Fisheries. • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 t. • Id I It Ld Ir It I Page 2 26 May 2010 Pomona Quarry Permit No. 41-05 and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species 3. We encourage the applicant to consider using seed mixtures that are beneficial to wildlife in their reclamation plan, such as native, warm season grasses. An exact seeding mixture would need to take into account soil types, moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to George Strader, District Wildlife Biologist at (919) 471-1743 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this mining permit application. If we can be of further assistance, please contact our office at (336) 449-7625. cc: Stephanie Graham, Martin Marietta Materials, Inc. cc: Mark Bowers, USFWS ® 0 �� .. 1, �•.I� •. � .. Ti! LA. 1 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue Thomas A. Reeder Dee Freeman Governor Director Secretary June 02, 2010 MEMORANDUM RECEIVED TO: Judy Wehner Land Quality Section 'JUN 0 2 2010 FROM: Paul Williams P LAND QUALITY Ground Water Management Section MINING PROGRAM Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: Martin Marietta Materials, Inc. Pomona Quarry Guilford County Please find attached a copy of the mining permit modification request for the above referenced project. The Pomona Quarry located in Guilford County does not appear to have an unduly adverse effect on ground water supplies since the mine has registered it's withdrawal rates prior (facility ID 0219-0017). This mine should also continue to report its withdrawal rates on an annual basis. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22111. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April _I for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699.1611 Phone: 919-733-40641 FAX: 919-733-3558 Internet: www.ncwater.org An Foual Onnnrlunity 1 Affirtaativp Adion FnWnvpr— K% Rpcvrlpd } 1n%n Pncl Cnnmmpr Panpr Otic NorthCarolina Naturaffil �� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 18, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Sec tary Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County ® Mine Dewatering Proposed No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on June 11, 2010 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 13M I I MM ONAN 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 0 • ,/�,� /yMnINING CHECKLIST FOR ROUTING 1,j/�\ Ayyhtanl'S Nam[: u V' 111lei p1ur I�� ' Pnj1d mm: 1 6� O-) LSko-✓i Ayfhs./Peel(Na.:4l 07 Caap: _lYUAF6 j D&R[atr&L- 5111� I I ( (il{ RthM[I: \ y� n 1, I� .,I„ Rlrn sxdn Nan(: I ❑ No ❑ R[ntRRI Mwkffoaffan tlwddtytmdt IOrndalltS) ❑ Mm"(mwhy[rcdttmnndRtw) ❑ 7tam�tf ❑ RtkaX ❑ Pared Rtlatt ❑ Addtdarod I*mana ❑ Fa NUkk $ Fa RtalWk $ n al Pkw rmdt mum amkmum E4ve ttg0JI:0(n d, m Chcdksvtto ON [ W awk wh f)I[ DW Ina D a'Mf2 „ WR RMmI FWm' m the Aa L,, Mlgro.WYW,t lart RO — � �'Yl• fOn; RwI bOj �1't0�1Li b i1K RfglMa) Elan) �L` J2..`I/\�\ Data. ROW 5 �� S)/CRred Ito �/DIvwm 4WRtn Rmw Datt: RRW �I'�, Ra'd \7,S�t NC WI�IIt Raaula3 CommtisfOn Dgk. RMt d �t/ Red ❑ US Fb6 & wddllft Strvia D& Rmfttd RWd (only aw aphaum awl w sh*i num rep c that add kni to nwltrmd) n Pkaa rah Orst 3 Papa o/ tht Rppllatfan Red my lotanon maps to: I ❑ DWSlon 4Parks & ReM9tlan Ddit: Read RW4 ❑ NC Ctok6k4d stray Sattan Daft: Rated Reed ❑ DtvWm 7MRAnt F$hnits Daft: Rand Ra'd ❑ Dtrldm 7d Sad & W&r Cff a 9 m ((,is LEA) Data Rand Rwd (only new Rlphultmu and mml dfen ngiwb that add Wad to Iht panto ❑ DlWlan of Artktra & Htdarp Data. Raftd Rte'd_ foal aw aff4w nd Cl ofktr: Daft: Rand Red • wSRsyense Date for Comments: (a 1 i I n (w W a than zs dap/ram aayrt) ❑ Pkw wtt dm Jollawnj: Ow Aa NCDENR North Carolina Department of Environment and Natural Division of Land Resources Land Quality Section James D. Simons, P.G.. P.E. Director and State Geologist May 18, 2010 MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris e5zt u Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County Resources Beverly Eaves Dee Freerr Please find attached for your review a copy of the mining permit modification request for the referenced project. due, Governor Secretary as Please review this information and advise as to the probability of this operation having unduly I adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by dune 11, 2010 so that we may complete our review of this request within our statutory time limits. 1 As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy VVehner (919) 73 4574 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 QiDZA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist May 18, 2010 MEMORANDUM TO: Mr. Nat Wilson Habitat Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Sec tary Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County Z Mine Dewatering Proposed Beverly Eaves Dee Freen No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the a referenced project. rdue, Governor , Secretary Please review this information and advise as to the probability of this operation having unduly adverse effect on June 11, 2010 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. I If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. I Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Ra4eigh, North Carolina. 27604 .._..:_ .._.:_«_ s._ ila A A Aft - —�— -- i6 MA N VENDOR DATE: CHECK NO. 158632 0$/05/10 11112933 22 0013 P.O. BOX 30013 RALEIGH, NORTH CAROLINA 27622 DATE INVOICE/CREDIT GROSS AMT. ADJ. DESC DISCOUNT NET AMOUNT 05103/10 168632443MOS0310 750.00 pwnona ceEmiE moaalca 750.00 T.E ATTACHED CHECK LS IN PAYMENT TOTAL: 750.00 0.00 1750.D0 FCR JTEMS C£SCRINC AGOVE Tl.. MartinMarietta Materials. A V� Y.O.BD%]D01]PPIFKJI, YO1(TX CPROnXP ]la)1L01) Wacholia Sank. WA. SEAM CHECK NO. 011 W.naim S,Nm. ND 531 ;: DATE CHECK Al 0505/10 SEVEN HUNDRED FIFTY AND 00/100' a s a.. a... a a a a a a a"•. a PAY To NCDENR LAND QUALITY SECTION 1612 MAIL SERVICE CTR RALEIGH INC 27699-1612 AUlT0nrZ D SIGNATURE Martin Marie Materials 0 Greensboro District 413 5 Chimney Rock Road Greensboro, NC 27409 Telephone(M6) 668-3253 Fax: (336) 668.1092 May 17, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1140 0001° 9293 0135 Arm: Ms. Judy Wehneq Assistant State Mining Specialist Land Quality Section Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Pomona Quarry Modification Request Mining Permit No. 41-05 Guilford County Dear Ms. Wehner: REt✓EiVED MY 18 2010 Please find enclosed six copies of the associated mine maps and completed permit application Martin Marietta's Pomona Quarry. With this modification, we are requesting the fallov modifications: • Add Berm A. This berm will be an extension of the previously permitted berm and will extended into the footprint of our old settling pond. We stopped using this pond when redirected all process water to the current location in the old pit. Since this area already comb process material, we will divert any flow during construction directly into the footprint of 10.5 acre old settling pond area. Carolina Cast Stone Company recently logged the trees al our adjoining property boundary, thus exposing a portion of our operations. This berm will t provide visual screening along the neighboring property on Tarrant Road. Add Berms B and C. The NC Department of Transportation has begun construction of i Homaday Road extension. The new road encroaches on our property and thus has resulted the removal of our visual buffer in the northeast comer of the site. This road will result in I removal of a portion of the existing far northeast berm (south of Wilson Trucking) and n adjacent to the toe of the Entrance Pond data. In an attempt to provide visual screening of 1 entire plant from the traffic on the new road, these two berms must be constructed. We in obtained a permit from the Corps of Engineers to place fill in the small portion of wetlands t will be impacted. The Division of Water Quality will/does not require a 401 permit for t project since we will only be impacting .06 acres of wetlands, and will be conducting this wr under GC 3705. • The buffer per our 404 and 401 permits along the previously relocated portion of Long has been added to the map. • Addition of a Recycled Concrete Area in the pit. This material will be processed through existing plant. • The map has been updated using the recently flown 2010 aerial photography for our site. Using this information, our affected acreage and total permit acreage has been recalculated. Berms, new roads, pit limits, water features, old erosion and sedimentation control measures, etc: have all been updated or removed from the map. These changes are reflected on the mine map. Please feel free to contact me at (336) 389-6623 or at sephanie.graham@martinmarieba.wm you have any questions or need any additional information. Since rely, /y Stephanie Graham Environmental. Engineer Martin Marietta Materials, Inc. Enclosures APPLICATION FOR A MOING PERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Pomona Quarry County Guilford River Basin Cape Fear Latitude (decimal degrees to four places) 36' 55' 30" Longitude (decimal degrees to four places) 79' 55' 30" 2. Name of Applicant* Martin Marietta Materials, Inc. 3. Permanent address I'or receipt ol'official mail** P.O. Box 30013, Raleigh, North Carolina 2 Telephone (919) 781-4550 Alternate No. 4. Mine Office Address 825 Marietta Road, Greensboro North Carolina 27410 Telephone 5. Mine Manager Joe Opel We hereby certify that all details contained in this Permit Appkcation are true and correct to the best of our knowledge. We fully understand that any willful misrepres'entation of facts will be caus for permit revocation. ***Signature ( ��i i Date v�Lr/o Print Name Daniel Shephard Title Executive Vice President * This will be the name that the mining permit will be issued to and the name that must be indicated on t reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephonle number. *** Siimalure of company officer required. G.S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days ofreceipt of a. complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A91NING PERMIT • NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: I ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: I Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 41-05 Total permitted acreage: 426.6 Does the modification involve acreage within the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 6_5 Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No Z. If yes, indicate the additional acreage to be covered by this modification: (NOTI1: you must complete all of Section I-. of this application form entitled Notification of Adjoining Landowners). I Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100,00 is required, despite the "undisturbed" acreage to be added). if yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of mining permit, indicate the mining perm lit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED A13OVE ,; . 2. Name of all materials mined: Granite 3. Mining method: ❑Hydraulic Dredge ® hront-end Loader & Truck ❑ Shovel & Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 650 1 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground i1 b. Expected average depth of mine (feet) 600. -2- p� 1 0 RECEIVED MAY I a IN APPLICATION FOR A 41NING PERMIT 5. Has any arca(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Currently being mined by Martin Marietta Materials 6. Number of years for which the permit is requested (10 years maximum): 10 Years 11. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map. 'these maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5`h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.gCology:,enr.state.nc.us/ County highway maps may be obtained from the N.C. Department offransportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailine Address: PhysicalAddress: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum- a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining; permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining; permit boundary, must be provided on the mine map. -3- APPLICATION FOR A IYIfP1ING PERMIT • G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. I We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to lake whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. 1 LANDOWNER: PLICANT: Signature: Signature:*,_( Print Name Daniel Shephard (Title, il'applicable) Company: Martin Marietta Materials, Inc. (II'applicable) Address: P.O. Box 30013 Raleigh, NC 27622 Telephone: (919) 781-4550 Date Signed: Print Name: Daniel Sheahan Title: Exec.. Vice Pres Company: Martin Marietta Mine Name: Reidsville Ouar Telephone: (919) 7814550 i Date Signed: _ *Signature must be the same as the individual who signed Page I of (his application, or mor sent to form. irtment of Environment and Natural Resources the address listed on the front cover of this apt Inquiries regarding the status of the review of this application should be directed to the Mining Program (919) 733.4574. be at ® • U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID, 201040172 County: Guilford USGS Quad: Greensboro GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Brian Nortb Address: Martin Marietta Materials, Inc. 413 South Chimney, Rock Road Greensboro, NC 27409 Telephone No.: 336-389-6616 Size and location of property (water body, road name/number, town, eta): Properiv located at 825 Marietta Road, Greensboro, Guilford County, NC 27409. . Description of projects area and activity: Seeking to build a privacy screen of fill material an the northern Dortinn of the Pomona Ouarry in order to comply with aesthetic view mining requirements after the pending construction of a nearby road eliminates a wooded area presently serving as a visual barrier. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional Cenral Permit Number. Nationwide Permit Number: NWP18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submined plans. Any violation of the attached conditions or deviation from your submitted plans may subject the pennittce to a stop work order, a restoration order and/or appropriate legal action. I This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to b � modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the N W Ps. We will issue a public notice when the NW Ps are reissued. Furthermore, if you commence or are under contract to commence this activitylbefone the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation ofthe NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of die Army verification does not relieve the permit¢ ofthe responsibility to obtain any other required Federal, State or local approvals/permits. I If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of program, please contact Corps Regulatory Official f"S Date: March 31, 2010 Expiration Date of Verification: March 18, 2012 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue men so, please complete the Customer Satisfaction Survey located at our websile at h ticHreaulatorv.usacesurvev corn/ to complete the i urve3 online. Page I of 2 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appenl Process ( Reference33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not m exceed five years from the dale of thus notification. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued.fanuary 29, 2010. Action ID 2010-00172 Basis of Jurisdictional Determination: There is a iurisdictional wetland in the protect area evaluated. The wetland abuts an Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jursdictional determination. If you no not in agreement with that approvedjurisdiclion; determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the fallowing address: District [Engineer, Wilmington Regulaloiy Division Amn:Steve Kicbcfski, Project Manager, Raleigh Regulatory Field Office 3331 Heritage Tradc Drive, Suite 105 Raleigh, North Carolina 27587 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR pan 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by not applicable. **It is not necessary to submit an RFA form to the Iryshin Office if you do not object to the determination in this correspondence.•' Corps Regulatory Official: 1}1E �((/�L1/k1 Date /9,�i. 1) /2010 Expiration Date 03/31/2015 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED ORAVAILABLE. Copy Furnished: Sue Homewood North Carolina Department of Natural Resources Division of Water Quality 585 Wauglnown Street Winston-Salem, NC 27107 Page 2 of 2 H O Z c m S n a0 -U co-i -U O Zll r zrr zz m m r m m m 6 _x m K 0 A 00 v H 0 .Z1 X -� { Z11 CD m Om O{ r O D� O � m M A Z p C �11 D Z m m D r0*1 F Oc { C CD CD � O (n D Z r C m o (n n i C)g z m z m D c m o c A �• f j Z F N N M ZOU . 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A m N QMO' F 6 2 O O �i. .R.r m 0• �:/, np r Z* O�SaO F o m m" a omn m roY o m 0 0 d �' n o o yH ymmFN _ v pZ Z T'Murl yAO v o m n o m y^ m 'D G m _ r- ram- tmii O 1 p m� om. m v y m '� n C O m M a .m-r `km y o io UO^ an d a d c m n = mm y -'c>n V) A Wy 6 N O Q "3 Lt a O 6 Vi ^ O c 2 p F N�Xry m m o a r; 9 f° 3 a �° v d 5'o c �, a 3 __ om ^' Tm p�"Cl Om0 and N O _ 1C to vmZ�m �`N° mZ e o r E r d m 1 3 m n < c my T <p2 zv m c m o m m B C. o ap�0j p p p T m 6 O N 9 y 6 y .n N >� T (11 UI O O North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section AUNE INSPECTION REPORT (PERMI=D MINE) 1. MINE NAME Pn✓�.r Qa'I't R Y 2. MINING PERMIT # 3.0PERATOR MjAr,r, Mnbt 4 4. COUNTY C711i7o 5.ADDRESS Are-,: filrue;Odle Q r.ah RO.Aox 19'5i,5' Ga�e'�f3.", yr :?7ylci 6. PERMIT EXPIRATION DATE l3/.7J1'! 7. RIvER BASIN lr'4.+1- c 8. Person(s) contacted at site Sr1tial�v„ ('a 1,,,M 9. Was mine operating at time of inspection? O-Yes ❑ No 10. Pictures? O'Yes ❑ No 11. Date last inspected: 7 l 8' 1 Uri 12. Any mirino since last inspection? -Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes 17 No If no, explain: r.', r +- , & (.1 a , r,.,., 4 d : 0 ✓, ,R') t.r S'c ,:vs ro P `/n V 7-1 n- ?N:r✓ .1 4G•r slr,rnr w,ae Gcl r)v., 14. Is the mine in compliance with the Reclamation Conditions of the-Permit?-O'Yes-O-No If no, explain: -- RF(':006 i I I I AUG 21 2009 1 I I I Akin nj IL1 ITV DC^TV„I 15. Did any of the above deficiencies result in offsite damage? ❑ Yes O'No If yes, describe the type and severity of the damage: _ 16. Corrective measures needed and/or taken: Rf r,r iJr Sa,r. n1e,- Se :. - N.w< i? ,,,t Jut 12J. �n /-/..1. ,JH:0V ,i SNdi117.' Ji tb ._..,, 11`a H.. ,,yr Ga vrj I vaalr. 17. Other recommendations and aomments:UC�a Irrr r,we, /Jr r, :., r Cr1,. a„1,-n J _,e L n7,- -�17illy lir T..0'Y. /27 /i.M� F`.r+.1n T.'n'+. /% wd /%rr -e r 1? 1) L /?t >r ,. VII W 'r,,;-, AT 1w:M rP1) URI7V LlrP At V1fr✓tr v . ^ice �e2J. 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes O'N'o (Explain) 0 Not Reviewed RE we, o &1.11 1.,. hr,r. » 2. ,.,,a S<, d.7,n.ro A- 77JIS U,-- r,-. 19. Follow-up inspection needed? O'Yes ❑ No Proposed date /C/ /11._r, 20. No. of additional pages of Inspection Report�21. Copy of Report sent to operator 8'l i 9/ L;4 . (date) INSPECTED BY: I-rvnl el't4.rvt .:o 6rvreIgv,7, a1rv.DATE Telephone No: (.316 ) 771-.s 000 r ' White copy to file Yellow copy ro operator pink copy w Mmng Specialist 10197 ..........--r�.v�...,y,,.�„„r, .T,......., ...-..-..�r..:.u�...rwJ[:.ti•C:....c,a.cw..r..,...a.-..,... _.�... ... ..... ..._ North Carolina Department of Environment and Natural Resources, ti Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTRD MINE) 1. MINE NAME P� y,-.a I /.?.,.r ] t y 2. MINING PERMIT # 5- 3.OPERATOR I)'itr4 MA.Trta, 17..rs,'e.,>. t 4. COUNTY %-✓rr.;-.e.f 5. ADDRESS 4'.,,. Sr e r im+n. Gt.o.r.,.H PO d.,, l b 3"6 t rote. V12. VC .2711V/ 6. PERMIT EXPIRATION DATE f1 ;:, r .:; .7 ,.rJ 7. RIVER BASIN (")^r I -I oe. S. PeJson(s) contacted at site 9. Was mine operating at time of inspection? O-Yes ❑ No 10. Picttues? ❑ Yes O No I I. Date last inspected: i / // / 0.3 12. Any mining since last inspection? l70Yes ❑ No C�opn/dition�ts of the Permit? ❑ Yes 13 No - 13. Is the mine in compliance with the Operating Conditions If no, explain. / lr�/l].]Y .N /. l.Jry r) "q,✓N `/./ p 6AI t/0l9 TN 1?7rf !l. ✓.It ooN 13tit, ,J iJ,t.W," k.s.. I))M! %a 9b✓ / ii ¢ ';/,' /r.' /2 l) l Av. ( r✓ N. f ,', J /�Iar Ih. 2f1:1✓ Cl /n' uil).-C.•. 17,- RA'Jrnt Re It It P'rP6 I V1, .,✓ %-(. .., /,•Jr , �f e.Jam PI N,vG //2M. 14. Is the mine in compliance with the Reclamation Conditions of the Permit? O'Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes M'No If yes, describe the type and severity of the damage: I U I 16. Corrective measures needed and/or taken: St. i 13. I =iv�FrrmoN 17. Other /recommendations and comments: 1.4M.N i). ✓otr_ v/17 J 'I oer 0,'-, rC /]."r. J.' t 4'm PI9.;J.yJ 1�' .) -..wrt ok, s. 1..7-I1c Rr S A:k %/%/Jri tir a✓r JT: 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes 2 No (Explain) ❑ Not Reviewed CIA 2F.,> ion^ l).ar J •V v :7/r rzr S,.. /1; n r.z,x ,.1t./ J7r .vr. Mr,vr J. fi : ]n Rr S /lre r ]' /<...r R'. 1`/.. u 1 •' Inn. 19. Follow-up inspection needed? ❑ Yes O"No Proposed date- 20. No. of additionalpagesof Inspection ReportL . 21. Copy of Report sent to operator 7/ 1 OUR . INSPECTED BY: l�/rk'l,'rDATE 7/ H . 7 Telephone No: (33 b) 77/- SO White copy to file Yellow copy 0 operator Pink copy to Mining Specialist 10197 Complete ttems 7, 2, and 3. Ako complete Ram 4 R gestiictey. DalNer Is desired. • PMtyoucmamea0�eddmssonthe mam+ so that we wn return i card to you. • Attach this care to the back of the meilplx or on the tmrrt If space perrntta 1. Article Addmved W: C. Date w Defi r u Me O Mo N ✓ MS STEPHANIE GRAHAM,�A�`t>>��/ MARTIN MARIETTA AGGREGATES: PO BOX 18565 T:e Mall ❑ GREENSeORO NC 27419 Nflod mwl Rea5lmed 'K&Wc Raxpt br Machargbe a. Pmmmd WNW(Erna reel 13 a 2. Mklel u bar 7006 1300 OB00 1122.,7767! (>Menrrmmaw.xa xheu �.. Ps Farm 3811. FeDmary 20044/�?)C Dcmasac Retum Receipt -7_//—/qQ tsawsom1W UNITED STFjElk V. r vjrA D; • Sender: Please print your name, address, and ZIP+47d this box DENR-DIVISION OF LAND RESOURCES JUL 22 2005 A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE 8evedy Eaves Perdue, Governor Director and State Geologist July 15, 2009 Dee Freeman, Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1122 7767 Ms. Stephanie Graham Martin Marietta Aggregates PO Box 18565 Greensboro, North Carolina 27419 Re: Pomona Quarry Permit No. 41-05 Guilford County Cape Fear River Basin - Dear Mr. Graham: An inspection was made of the above mine on July 8, 2009 in accordance with G.S. 74- 56 of the Mining Act of 1971. The 5.62 acre area at the site requested to be released, as indicated on the Mine Map received by the Land Quality Section on June 10, 2009 has been found to be undisturbed or satisfactorily reclaimed. Therefore, your company is released from further reclamation responsibility for this area with respect to the Mining Act of 1971. As a reminder, your company's permitted acreage is now 420.98 acres and the amount of land your company is allowed to disturb at this site is 356.59 acres. Thank you for your cooperation in this matter. Very truly yours, �T o R P G, CPESC State Mining Specialist Land.Quality Section FRW/jw cc: Mr. Matt Gantt, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45747 FAX: 919-733-2676 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Intemethttp:/Aw .dlrenr.state.nnuslpagesllandqualitysecdon.himl An Equal Opportunity Arfrrnative Adion Firrin r-50% Recycled 110% Post Consumer Papery -ln - -i -u O n -9 m cn v co -0 '9 .Tl (n COz OZ �o D :O X r O f*1 m c m r O r Cam -<M M m m O j r 3 m -u -u Z l7 r30�D D�X O O mA m -1mfar OA FAO m Da O n 0 M -< vD o �0N D O m m N m OA mm < N m rr Z -1 co I z z LI � w io m £ y 1 77� - --- - - � 1 1 ' � r 1 d0 1 j robz as rm Co Cr1 1 „( A 0 m Ln 0 m0 O 0 N N n C X N N Q O H N Im N <C 4 > d c Np � C O N N P V A N A ri A �o P O lO N w O G 4 A O � m Ou A W O• m y k" ti ♦ ♦ �� -------------- LAJ t7 J \ c ` `ro840 O \ y OSO>TOO>=Z>p�w O Om�Tr arm tiO, CZM Am r m-i OST ti•-�O A�>in y p mmm> m >mmylw�OZ � a?pC=>>Cp-v� ry 33ni r T m Z Z T O ((�1pr F N Z< A- On TA Np � T nm C aym M- m Z .�o-AZ�mu�3 Z-Zf>� Z m mmT mm0 1 .Zi>Z H ZZp�N�j< mAo a 0ONmlm ZZ"N•o <=n 9>Ov z mOmmi�m vZi :.yy aamol m o m m m o Z 3 r mZ Z Om>'ymm2y 18� v Tommkob— > �2 v > -+ti,ptm-pv �pNrZZrF>rR0 tnm Z r010 m� � �Mmj1/ITTm no r TOT Z OnoOFv Oz y r m n W, rm !O z O c 8v >-Zi Z. 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O N, O - = m.«'oo �O� Ao SN°.3mo m� p SS^ f o FLA ,a no 3 � U7 n fl a S mm '� n=n A p N i FN��O 3O _ti O ^�•• n„O m T a= J C C O > _ I mN : OyT/NOO ell-o f w z J- n 7i 3 m 3 m ' O3 N O I 00c ' 0-0 3 iN som m o as o I Z mwm 3 s F N O m Q O = ow J o N T m •" m UO O m n m? 3 W a m cm C m m 5 O m � O rt N m O I m n o / N O o �.o CD 'zo Arc A H� u uF a n o X 7 oFIO O -5' > V v n I� .Z Z f � SSn O >Z �°O C �O YV N2 g N P 3^ W N p o O p m m 0 ya Fp ^ o i�c 3 X H s a O O P O -n C O fl A O. > r N v m O n O n m 0 0000� o o 0 D m �^ z i Walther, Judy From: Kirchner, Chuck Sent: Thursday, July 09, 2009 3:46 PM To: Wehner, Judy Subject: RE: Comments: Pomona Quarry 41-05 Guilford County Ir 7/8/2009 Y'f IIp Syr Chuck Kirchner A �+J 1„ NC DENR Winston-Salem Regional Office 1p\ bat (a u�l/ Division of Land Resources, Land QualitySection lV ypV V 585 Waughtown Street Winston-Salem, INC 27107 Voice: (336) 771-5000 FAX: (336)771-4631 dvl,fJrp�' chuck. kirchnerfelncdenr.gov From: Wehner, Judy IP ��jPA Sent: Thursday, July 09, 2009 3:42 PM Jr To: Kirchner, Chuckr��1 Subject: RE: Comments: Pomona Quarry 41-05 Guilford County ,,,(j/) When did you inspect the release area? (� ,ppn�''11 — -- �.,Ml tF� —Jf From: Kirchner, Chuck \f' ' Sent: Thursday, July 09, 2009 3:32 PM \ To: Gantt, Matt; Rodgers, Ashley; Wenner, Judy; Williams, Floyd Subject: Comments: Pomona Quarry 41-05 Guilford County ' The following are comments for Martin Marietta Aggregates Pomona Quarry, permit number 41-05 in Guilford County. Pomona Quarry has submitted a partial release request. The area they have requested to be released is now an office area and the area around the building has been sodded. This area should be ok to release from the permit. I met on site with Stephanie Graham. Upon inspection of the site they were in violation of a few operating conditions on the permit. 4A, 6A & 10A. They need to refresh a couple of their diversion berms and ensure the slopes on the stockpiles area minimum 21H:1V. In addition, part of the mine is visible from the urban loop. I have requested that these items be addressed. They are also now actively mining in a "future mining" section on the map. I have requested they submit an updated accurate Mine Map. Thank You, Chuck Kirchner INC DENR Winston-Salem Regional Office Division of Land Resources, Land Quality Section 585 Waughtown Street Winston-Salem, INC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 chuck, kirchner@ncdenr.aov MMING CHECKL15T FOR OUTING Applicant's Name: M M A Project Name: Prnrro�ral�, it ApplicJPerrnit�Nno.: 4,,iicGounty: I.,i., DOS Date Received: G//u/�79 Reviewer. l �I I A IA � River Basin Name: Qu n't �, t l I" r C New ❑ Renewal 0 Modification (inside permit boundaries) b ❑Modification (outside permit boundaries) ❑Transfer O'Release ❑ Partial Release :1 Additional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please route entire a loation ACkw tc: — Regional Office (2 complete copies; attach the "LQS Regional Office Mining Application Review Checklist" to one copy and attach bntb the OWQ and DAQ "Mining Application Review Form" to the other copy, send both copies to the Regional engineer) Date: Routed in l I DI i Reed C Division of Water Resources Date: Routed i Reed ❑ NC Wildlife Resources Commission Date: Routed Reed ❑ US Fish & Wildlife 5ervice Date: Routed Reed (Only new applications and modification requests that add lard to the permit) Please r-o= first 3 pages of the application and any location map to: ❑ Division of Parks & Recreation Date: Routed Reed _ D NG Geological 5urvey 5ection Date: Routed Reed _ (Only new applications and modification requests that add land to the permit) C Division of Archives & History Date: Routed Reed _ (Only new applications) 0Other.. _ Date: Routed Reed _ }`5uopen5e Date for Gommenty: 11) io 1 r>9 (no laterthan 25 days from receipt) ' D Please note the following: Em Martin MariettAaterials Greensboro District P.O. Box 18565 , ,. Greensboro, NC 27419 'telephone: (336) 668-3253 Fax: (336) 668-1092 June 9, 2009 Attn: Ms. Judy Wehner, Assistant State Mining Specialist Land Quality Section pr Department of Environment and Natural Resources '�I�d;� 1612 Mail Service Center Raleigh, NC 27699-1612 MP .cuiIIAps ,l r Y ECiIp Re: Partial Release Request - Pomona Quarry N Mining Permit No. 41-05 Guilford County Dear Ms. Wehner: We would like to request the release of the area encompassing our District/Division Office and Road "A" located at Martin Marietta's Pomona Quarry. Road "A" is now the entrance and exit for Crews Transport, and is included in the lease boundary for this company. The previous entrance has been gated. Two copies of the mine map are enclosed with this request, and reflect the area requested for partial release. The total acreage to be removed is calculated to be 5.62 acres, with 2.41 acres being removed from Processing Area/Haul Roads and 3.21 acres being removed from Other (undisturbed)_ The Affected Acreage has been adjusted on the mine map to reflect the requested release. Please feel free to contact me at (336) 215-5497 or at stephanie.graham@martinmarietta.com should you have any questions or need any additional information. Sincerely. Stephanie Graham Environmental Engineer Martin Marietta Materials, Inc. Enclosures Aja NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Qua[ity Section James D. Simons, PG, PE Director and State Geologist July 23, 2008 Ms. Stephanie Graham Environmental Engineer Martin Marietta Aggregates P.Q. Box 18565 Greensboro, North Carolina 27419 RE: Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Ms. Graham: Michael F. Easley, Governor William G. Ross Jr., Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the affected area to 359.0 acres as indicated on the Mine Map last revised July 15, 2008, The modification includes the addition of a berm along the northwest corner of the site, installation and maintenance of all associated sediment and erosion control measures and the elimination of an old settling pond. In addition, the modification includes the relocation of Road "A" approximately 150 feet north of its current approved location. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as requited to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3E, 4F and 10B. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is-426.6 acres and the amount of land you are approved to disturb is 359.0 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper Ms. Graham July 23, 2008 Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincer ly, oyd . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures CC' Mr. Matt Gantt, PE Ms. Shannon Deaton - WRC, wlpermit Mr. Bradley Bennett - DWQ, wlpermit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Aggregates Pomona Quarry Guilford County - Permit No. 41-05 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 3, 2014 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49, Modifications September 24, 1993. This permit has been modified to allow the stripping of an additional 16 acres west of Long Branch and the construction of a new berm along the west side of the site as indicated on the Mine Map last revised June 29, 1993. November 4, 1996: This permit has been modified to increase the pit area by 29.4 acres and construct the associated erosion and sedimentation control measures as indicated on the mine map last revised September 13, 1996 and the 11 x 14 inch mine map and detail sheets dated August 29, 1996. December 19, 1997: This permit has been,modified to expand the overburden disposal berms located on the west and south sides of the property and add the associated erosion and sediment control measures as indicated on the mine map last revised June 30, 1997. Page 3 December 23, 1999: This permit has been modified to provide designed sediment control measures for the overburden stripping areas AND TO ALLOW RELOCATION OF long Branch around the future pit area on the southwest side of the plant (incorporating 4150 feet of new channel) as indicated on the Mine Map last revised December 21, 1999 and the "Insert from 619 Mine Map 12-21-99" received by the Land Quality. Section on December 22, 1999. September_14, 2001: This permit has been modified to allow the construction of a gravel roadway through the new 50 foot buffer to allow access for clean stone stockpiling for the future off -site concrete plant as indicated on the Mine Map last revised August 30, 2001. In addition, a partial release has been granted of the undisturbed 7.8 acre area at the site. February 3 2004: This permit has been modified to increase the affected acreage to 353.9 acres as indicated on the Mine Map last revised December 4, 2003 for the construction of a temporary road located along the west side of the permitted area. The temporary access shall be used for overburden removal only and the buffer will be re-established once overburden removal has been completed. March 13 2008: This permit has been modified to increase the affected acreage at this site to 356.74 acre acres as indicated on the Mine Map last revised December 13, 2007. The modification includes the construction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant that is located outside of the permitted area. July 23, 2008: This permit has been modified to increase the affected area to 359.0 acres as indicated on the Mine Map last revised July 15, 2008. The modification includes the addition of a berm along the northwest corner of the site, installation and maintenance of all associated sediment and erosion control measures and the elimination of an old settling pond, In addition, the modification includes the relocation of Road "A" approximately 150 feet north of its current approved location. Expiration Date This permit shall be effective from the date of its issuance until February 3, 2014, Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 5 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land- B. Appropriately designed diversion ditches shall be installed and maintained on both sides of the creek where temporary creek crossings are made to direct sediment laden runoff to the approved sediment control measures. C. Temporary slope drains shall be utilized to convey runoff from the top of the berms in a nonerosive manner. In addition, appropriately designed energy dissipators shall be constructed at the outlet of the slope drains. D. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised December 4, 2003 and the supplemental information dated August 21, 2003, September 12, 2003 and December 5, 2003, E. Mining activities associated with the construction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant shall be conducted as indicated on the Mine Map last revised January 25, 2008 and the supplemental information received by the Land Quality Section on December 5, 2007, December 18, 2007 and January 28, 2008. F. Mining activities associated with the berm addition along the northwest corner of the site, the elimination of the old settling pond and relocation of Road "A", including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Mine Map last revised July 15, 2008 and the supplemental information received by the Land Quality Section on June 18, 2008. G. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 6 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after September 20, 1993 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after September 20, 1993. 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. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Page 7 a.5 J� , :'>/� L� 3:anl vlbim,on v. _ ,ua a e. Hz.. ;Sol;r'ce rnr. ci;ie•: lrcr.. 'irurn :3.:. ..d_ ,. ..m._. B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DIDS)Z DS = D wia V = 160(D,)"1'6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). DS = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. - C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or Page 8 institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -Flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W033)-1 z P =20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels), A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval, amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. Page 9 F, Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. FI rock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be -provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. Page 10 Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9.. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope along any pit expansions conducted after September 20, 1993. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last revised July 15, 2008. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as'deemed appropriate by the Department to improve visual and noise buffering. 11. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 11 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1, on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5, steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal- 1 . the approximate boundaries and size of the refuse disposal area; 2, a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 13_ 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. 14. Bonding The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000,00 blanket bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Arch aeological_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 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 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 proposers subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. 'Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the fop of any high wall, and grade 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: Page 13 3 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability, B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas- C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan noted on the Reclamation Map last revised August 13, 2003, Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall 'consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 14 This permit, issued July 20, 1972, renewed May 18, 1982, modified and renewed September 20, 1993, modified November 4, 1996, December 19, 1997, December 23, 1999 and September 14, 2001, renewed and modified February 3, 2004 and modified March 13, 2008, is hereby modified this 23rd day of July, 2008 pursuant to G.S. 74-52. By: ` James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources 421 40 ( 421 GAU.SMORE pAIRY / RD. CHIM RNDEY ROCK g0 y QUARRY U 5ITE dJ SAPP P.D. WENDOyER RD. 40 68 VICINITY MAP 920 900 880 860 30'-0" TRAVEL SURFACE 4•-011 15'-0" 156-0' 44-V GRASSED I GRASSED SHOULDER SHOULDER GRADE POINT EXISTING -112" / Ft 71/4" / Ft -1/40 / Ft -1/ /2 Ft 2.1 Z,.1 EXISTING --GRADE GRADE 811 ABC (CRU5HED STONE PAVING) :: CRUSHED STONE ROADWAY 2.00% 1 1 IPROPOSED ROADWAY, 2.00% I i I I I 1 9. O I i 6s0 a EXI TING QRADE i I 1 I 3+uu 3t�u ROAD "A" 4tUU 4-t DU JtUU ryD s V M IMUM STONEBED J STONESME:N T#S OR #57 WASHED STONE ND,f: t. NCDOT radius smnn ispreferred ac Podtobe 50ft. rxp0 fi.W x6in. thick (min). 2. Turning rc isufficient ro acrn which wbye vent tr 3. most bemaintainedPeriodic toincondition wary bet necessary frothing or direct flow of Mud onto streets. construction cfece will emuyberwcrsamy 9. Thissistime theoentronttce and instnlled"t aN onth entranceandillbepveasparInts ft the ite. At this time the only entrance dM exit shown on the site plan will be paved as part of The initial project. CONSTRUCTION ENTRANCE ROAD "A" Basin M Basin N Martin Marietta Aggregates RALEIGH, N.C. INTERIOR ROADWAY PROFILES POMONA QUARRY GUILFORD COUNTY, N.C. QUARRY: POMONA DWN BY: B. NORTH DATE: 6/13/08 JOB. NO. CK. BY: B. NORTH SCALE: 1 rr = 49 1 Of I H OJ 3W m Z �Q O P} r O p N z V I? 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Date Review Completed: 3 J40( 1608 Will the operation, as proposed, violate standards of water quality? A Watershed/Stream Name & Classification: YES NO NPDES permit required )6 0 NPDES permit existing X (Permit #f��' ) Nondischarge permit required Nondischarge permit existing _ (Permit #_) II Wetlands disturbed 401 Wetland Cert. required M 0 Approved by: Date:--, d- 9199 MINING PERMIT APPLICATION REVIEW FORM for DIVISION OFAIR QUALITY p Jile Project: ! 8 rvo% o a o QAU04 County: : - .,Due Date for Comments ack to Land Qualitv Section: AirQualitv Section Review: Assionedto: v7 a`c� a�c«1• Date Review Comoleted: Will the operation, as proposed, violate standards of air oualiivv �V YES IN Air permit required Air permit existing `✓ (Permit;"_) _ �447`9 �rt� Comments: il+,s QuA: is o • A'g v n4'x `u, ac. Cjv," 1 aAo 0 '�:^ :rod e liN lmq `` i'!x 0 rlyy 3�1a�aoo7 ^s h 1 w y -.ro wad N bcPo� ra ' \ \✓ ccV )J1kI nCti Approved b . a MINING CHECKLIST FOR ROUTING Applicant's Name: Y✓I M A- Project Name: PU YnonCi (� a AppliodPermit No.: W -011 County: n1 P.c%QPn1JN. AAt Date Received: % I Ch � Reviewer.'.YIA)IL. River l3asinName: OAJ&Au Pr ONew ❑Renewal%OModification (insidepermit boundaHas) ❑ Modfication (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release `O Additional Information 0 Fee Needed: $ ❑ Fee Received: $ Pleas/ye� roirte entire application package to: i( 11161r OnAh�IPi Regional Office (2 complete copies, attach the"LQ5 Regional Office Mining Application Review Checklist" to one copy and attach hatb the DWQ and DAQ "Mining Application Review Form" to the other copy, send both copies to the Regional Engineer) Date: Routed 711uW) Reed ❑ Division of Water Resources Date: Routed 1 Rec'd O NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only newapPlicationg and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps ta• ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological Survey 5ection Date: Routed Redd _ (Only new applications and modfication requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd _ (Only newapplications) ❑Other. Date: Routed Reed "5uepense Date for Comments: h J Or (nolaterthan 25 days from receipt) VI 13 Please note the following: Pomona Cales � s Subject: Pomona Cales From: Stephanie Graham <Stephanie.Graliani@niartinmarietta.com> Date: TUC, 15 Jul 2008 12:01:44 -0400 To: Judy Wenner <Judy.Wehner a ncmaiLnet> Hey Judy, Thanks for your help. I've recalculated and I honestly don't know what I was adding the first go around. 3elow are the correct numbers. The area of the new berm is 3.82 ac, and the area of RD Basin P and diversion ditches are .19 ac. That's a total of 4.01 acres. The total acreage removed was 1.75 (from Basin H at 1.12 acres and the old settling pond at .63 ac.). So, I think I've got it right now. Thanks for sending me the invite too. I don't know why I haven't received it since Angela put me on the list. Anyway, thanks and I'll drop off two corrected maps either tomorrow or Thursday after my meeting. CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 42.56 Stockpiles 29.43 Wastepiles 48.94 Processing Area/Haul Roads 58.99 2�j Mine Excavation J " ' 179.08 Other (undisturbed) 67.60 Total Site Acreage 426.60 Stephanie Graham Environmental Engineer, Greensboro District Martin Marietta Aggregates (336) 215-5497 (Mobile) (336) 668-3253 (Office) 1 of] 7/15/2008 12:44 1'M n a ® North Carolina Wildlife Resources Commission v „ a T a Jul TO: Brenda M. Hams, Mining Program Secretary Land Quality Section FROM: Shari L. Bryant, Piedmont Region Coordinator Habitat Conservation Program DATE: 10 July 2008 SUBJECT: Mining Permit Modification for Marlin Marietta Materials Inc., Pomona Quarry - Permit No. 41-05, Guilford County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit request. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-76 through 74-68 15 NCAC 5). Martin Marietta Materials, Inc. is requesting a modification of their permit for mining granite. The modification involves 3.8 acres within the previously approved permitted boundary. The total permitted area is 426.6 acres. Long Branch and an unnamed tributary to Long Branch flow through the site. These streams are tributaries to East Fork Deep River and High Point City Lake in the Cape Fear River Basin. We offer the following recommendations to reduce impacts to aquatic and terrestrial wildlife resources. Maintain a minimum 100-foot undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands for the present operation and any future expansions. Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, aquatic habitat both within and downstream of the project area. In addition, these buffers will provide an adequate travel corridor for wildlife species. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. We request that sediment and erosion control measures be located outside of these buffers. Water discharges from the project site should be proportional to the size of the receiving stream, and all discharges should comply with NPDES permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 9 Fax: (919) 707-0028 ..: c I It1 ti•'. It r 41• Page 2 0 0 10 July 2009 Pomona Quarry Permit No. 41-05 resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species 3. We encourage the applicant to consider using seed mixtures that are beneficial to wildlife in their reclamation plan, such as native, warm season grasses. An exact seeding mixture would need to take into account soil types, moisture, pH, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to George Strader, District Wildlife Biologist at (919) 471-1743 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this mining permit application. If you need additional information, please contact our office at (336) 449-7625. cc: Stephanie Graham, Martin Marietta Materials, Inc. ec: Mark Bowers, USI~ WS r ... .... ... ,1 .. a .l'.f �L,:c•. .. 91 North Carolina Wildlife Resources Commission 9 MEMORANDUM TO: Brenda M. Hams, Mining Program Secretary Land Quality Section FROM: Shari 1, Bryant, Piedmont Region Coordinator Habitat Conservation Program DATE: 10 July 2008 SUBJECT: Mining Permit Modification for Martin Marietta Materials Inc., Pomona Quarry -Permit No. 41-05, Guilford County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject permit request Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.S. 74-76 through 74-69 15 NCAC 5). Martin Mariana Materials, Inc. is requesting a modification of their permit for mining granite. The modification involves 3.8 acres within the previously approved permitted boundary. The tmal permitted area is 426.6 acres. Long Branch and an unnamed tributary to Long Branch flow through the site. These streams are tributaries to East Fork Deep River and High Point City Lake in the Cape Fear River Basin. We offer the following recommendations to reduce impacts to aquatic and terrestrial wildlife resources. Maintain a minimum 100-foot undisturbed native, forested buffer along perennial streams, and a minimum 50-foot buffer along intermittent streams and wetlands for the present operation and any future expansions, Maintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and terrestrial wildlife resources, water quality, aquatic habitat both within and downstream of the project area In addition, these buffers will provide an adequate travel corridor for wildlife species. Whereat, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide the necessary and highly valuable functions as discussed for forested buffers. We request that sediment and erosion control measures be located outside of these buffers. Water discharges from the project site should be proportional to the size of the receiving stream, and all discharges should comply with NPDF,S permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates and turbidity can negatively impact aquatic and fisheries resources within and downstream of the project area. Excessive silt and sediment loads can have numerous detrimental effects on aquatic Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-172I Telephone. (919) 707-0220 • Fate (919) 707-0028 b'd 529L'646 -9EE WOR-16 1Je14S e61=01 80 01 rnr, Page 2 10 July 2008 Pomona Quarry Permit No. 41-05 resources including destruction of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species We encourage the applicant to consider using seed mixtures that are beneficial to wildlife in their reclamation plan, such as native, warm season grasses. An exact seeding mixture would need to take into account soil types, moisture, pl-1, and degree of slope of areas to be stabilized. Additionally, for relatively shallow sediment basin reclamation, we recommend these areas be reclaimed as wetlands where practicable. We refer the applicant to George Strader, District Wildlife Biologist at (919) 471-1743 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to comment on this mining permit application. If you need additional information, please contact our office at (336) 449-7625. cc: Stephanie Graham, Martin Marietta Materials, Inc. cc: Mark Bowers, USFWS 5'd 529G'Gi i,'9C6 queRiH 1je4s ej,1 -01 UO 01 Inr C North Carolina Michael F. Easley, Governor MEMORANDUM NCDENR Department of Environment and Division of Water Resources tune 30, 2008 TO: Ms. Judy Wehner Land Quality Section FROM: John Barr %01 Ground Water Management Section Division of Water Resources Natural Resources SUBJECT: Comments on the Mining Permit Modification Request for: Martin Marietta Materials, Inc. Pomona Quarry Guilford County William G. Ross Jr,, Secretary RECEIVES, Director JUN 3 0 20GO LAND QUALITY MWING PROGRAM Please find attached a copy of the mining permit modification request for the above referenced project. Based on the information contained in the permit modification request, I foresee no immediate or obvious adverse effects on potable groundwater supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of'ground water or surface water to register withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I of each year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org NorthCarolina An Equal Opportunity I Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturally AT ilLA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 18, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris6S��:� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County 1X Mine Dewatering Proposed RECEIVED JINN 3 0 2008 LAND QUALITY MINING PROGRAM ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on July 14, 2008 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments jum 18 2008 cc: Mr. Matt Gantt DIVISION OF WATER RESOURCES 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Pomona Quarry Permit 41-05 6-18-08 Revision Comments 0 0 Subject: Pomona Quarry Permit 41-05 6-18-08 Revision Comments From: chuck kirchner <chuck.kirchner@ncmail.net> Date: Fri, 27 Jun 2008 10:29:21 -0400 To: Floyd Williams <Floyd.Williams a ncmail.tiet>, Judy Wehner <Judy.Wehner a ncmail.net> CC: iiialt.gantt cr nctliail.net The following are comments for Pomona Quarry, Permit 41-05, revised plan submitted 6-18-08. This mine is located in Guilford County. 1. Relocation of Road 'A' is acceptable from this office. 2. Diversion berms encompass new future berm area above Sediment Basin P. We recommend placing a temporary culvert Crossing in this diversion berm for all areas that equipment will need to cross the berm in order to keep the diversion functioning properly. Previous plans show the area for these diversion berms to be very flat. Ensure diversion berms provide positive drainage to Basin P through all phases of construction. Chuck Kirchner NC DENR Winston-Salem Regional. Office Division of Land Resources, Land Qualify Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 l of 1 6/27/2008 11:03 AM • • MINING CHECKLIST FOR ROUTING Applicant's Name: ed)l7 Project Name. YUYrYYc)I uG�Mi„- Applic./Permit No.: RI -0S County. 1gr,tyw.rn eQ Date Received: I /Y/G'�i O Reviewer. River 5a5in Name.: (1 n�ebz� 1 v ❑ New ❑ Renewal Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑ Partial Release 0 Additional Information 0 Fee Needed: $ ©Fee Received: $ 9)D°J Please route rntire application Pig IIIIII ,� Wi dSlvn-Sw�Cti Regional Office (2 complete copies; attach the "L05.P.agional Office Mining Application Review Checklist` to one copy and attach bnth the'DWO ana PAQ "Mining Application Review Farm" to the other copy, send bath copies to the Regional Engineer) Date: Routed CnI &A Rec'd" .1R�D vision of Water Resources Date: Routed / i Reed V NC Wildlife Resources Commission Date: Routed Reed ❑ US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 paoce of the application and any location mao5 to: ❑ Division of Parks & Recreation Date: Routed Reed 0 NC Geological Survey Sect on Date. Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date-. d RouteReed "Suepmr7cDate for Comment5:711v/08 (no later than 25days from receipt) I J 0 Please note the following: b 4"Q- NICDENR _ North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, RG., P.E. Director and State Geologist June 18, 2008 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris 66;�D� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County ® Mine Dewatering Proposed Michael F. Easley, Governor William G. Ross Jr., Secretary ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on July 14, 2008 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 7iA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist June 18, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources Commission PROM: Brenda M. Harris Mining Program Secretary Land Quality Section - SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 14, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact -the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ul eHlin Yviaffa Yafeeialm A w VENDOR NO. • 158632 P.O. 80% 30013 RALEIGH, NORTH CAROLINA 27622-0 13 DATE: CHECK NO. MOMS 949080 DATE INVOICE/CREDIT GROSS AMT. AW. DESC DISCOUNT NET AMOUNT 06/02108 15863244309060208 750.00 mint permit mad lee 750.00 THE ATTACHED CHECK IStH PAYMENT Fort REMS @SCPI9Ep ww 1D1AL: 750.00 0.00 750.00 �4811k:C-i 'IIC� �WImom oem C it I � NCDENR LAND QUALITY SECTION 1612 MAIL SERVICE CTR NO. 00949080 ky CHECK'AMOUNT ,' 8 ***750.00 Martin Marietta Aterials Greensboro District P.O. Box 18565. , Greensboro, NC 27419 Telephone: (336) 668-3253 Fax', (336) 668.1092 IH11T:fIrAWXil:1 Attn: Ms. Judy Wehner, Assistant State Mining Specialist Land Quality Section Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Pomona Quarry Modification Request Mining Permit No. 41-05 Guilford County Dear Ms. Wehner: LRECEIVED 1000 SECTION Please find enclosed a modification request for our Pomona Quarry in Guilford County. We were previously issued a modification for this quarry on March 13, 2008. Five mine maps and road profiles have been included for your review. I have also included two 8 1/2" x 1I" drawings to show the area of requested modification. We are requesting the addition of a berm along the northwest comer of the site with Rock Dam Basin P added to control erosion during the construction. An old settling pond will be removed for this addition. We also are requesting that the previously approved "Road A" be moved approximately 150' north of it's current approved location. The new road profile will show that no additional erosion control measures are required for the move. Please note that we turned the water into the relocated stream channel earlier this year, upon the approval of John Thomas with the US Army Corps of Engineers. This change is shown on the map. Rock Dam Basin H has been removed from the channel, as well as, the map. The stream now flows through this area. Please feel free to contact me at (336) 215-5497 or at stephanie.graham@martinmarieda.com should you have any questions or need any additional information. Sin erely, Stephanie Graham Environmental Engineer Martin Marietta Materials, Inc. Enclosures o • APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TVI'E) 1. Name of Mine Pomona Quarry County Guilford River Basin Cane Fear Latitude (decimal degrees to four places) 36' 55' 30" Longitude (decimal degrees to four places) 79' 55` 30" 2. Name of Applicant* Martin Marietta Materials, Inc. 3. Permanent address for receipt of oflicial mail** PO Box 18565, Greensboro North Carolina 27419 Telephone (336) 668-3253 Alternate No. (336) 215-5497 4. Mine Office Address 825 Marietta Road Greensboro North Carolina 27410 Telephone (336) 299-2211 5. Mine Manager Joe Opel We hereby certify that all details contained in this Permit Application are true and correct to the hest of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature C Date Print Name Daniel Shephard Title Executive Vice President * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security] that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. "** Signature of company officer required. G.S. 74-51 provides that the Department shall grant ordeny an application fora permit within 60 days ofreceipt ofa complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any. supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MININGYERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ® If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 41-05 Total permitted acreage: 426.6 Does the modification involve acreage within the previously approved permitted boundary? Yes ® No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 3.8 Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No N. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, =round cover removed) by the mining operation`? Yes ❑ No ❑ (If no, a "minor modification" ee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of mining permit, indicate the mining permit number and the total (overall) acreage covered by t e existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Granite 3. Mining method: eHydraulic Dredge Dragline & Truck Other (explain): ®Front-end Loader & Truck ❑ Shovel & 'Truck Self -loading Scraper 4. a. Expected maximum depth of mine (feet) 650 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural Ground b. Expected average depth of mine (feet) 600 APPLICATION FOR A MININAERMIT IE 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? Currently—beingCurrently-being mined by Martin Marietta Materials 6. Number of years for which the permit is requested (10 years maximum): 10 Years B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5-minute quadrangle and a county highway map_ These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailina Address: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919) 733-2423 www.gcology.ennstate.ne.us/ Physical Address: 512 North Salisbury Street, 5"' Floor Raleigh, North Carolina 27604 County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (G1S) Mailing Address: NCDOT G1S Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 www.ncdot.orWit/aisContact/default.html 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants processing plants may be described as to location and distance from mine if sufficiently far remove ). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings_ m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. mnaoi mauon3 w= ppmvwe Ion Cw 1plan. Carle s Black MN ENTRANCE v WJ PC #2 - 18H w/ Rock Do PROPOSED DIVISION/ DISTRICT OFFICE / ROD "A Basin N i �i ,/t Y !( - 1 j h �.f i PWA . i...�� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist March 13, 2008 Ms. Stephanie Graham Environmental Engineer Martin Marietta Materials, Inc. P.O. Box 7446 Charlotte,. North Carolina 28241-7446 RE: Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Ms, Graham: Michael F. Easley, Governor William G, Ross Jr., Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the affected acreage at this site to 356.74 acres as indicated on the Mine Map last revised January 25, 2008. The modification includes the construction of a new District Office at the site and construction and maintenance of two access roads through the permitted area to the asphalt plant that is located outside of the permitted area. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3E, 4E and 10B. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 426.6 acres and the amount of land you are approved to disturb is 356.74 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX, 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110%4 Post Consumer Paper Ms. Graham Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, A�4— loy . Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWfjw Enclosures cc: Mr. Matt Gantt, PE Ms. Shannon Deaton - WRC, w/permit Mr. Bradley Bennett - DWQ, w/permit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Martin Marietta Aggregates Pomona Quarry Guilford County - Permit No. 41-05 for the operation of a Crushed Stone Quarry .which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: February 3, 2014, Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications September 20, 1993: This permit has been modified to allow the stripping of an additional 16 acres west of Long Branch and the construction of a new berm along the west side of the site as indicated on the Mine Map last revised June 29, 1993. November 4, 1996: This permit has been modified to increase the pit area by 29.4 acres and construct the associated erosion and sedimentation control measures as indicated on the mine map last revised September 13, 1996 and the 11 x 14 inch mine map and detail sheets dated August 29, 1996. December 19, 1997: This permit has been modified to expand the overburden disposal berms located on the west and south sides of the property and add the associated erosion and sediment control measures as indicated on the mine map last revised June 30, 1997, Page 3 December 23, 1999: This permit has been modified to provide designed sediment control measures for the overburden stripping areas AND TO ALLOW RELOCATION OF long Branch around the future pit area on the southwest side of the plant (incorporating 4150 feet of new, channel) as indicated on the Mine Map last revised December 21, 1999 and the "Insert from . 619 Mine Map 12-21-99" received by the Land Quality Section on December 22, 1999. September.14, 2001: This permit has been modified to allow the construction of a gravel roadway through the new 50 foot buffer to allow access for clean stone stockpiling for the future off -site concrete plant as indicated on the Mine Map last revised August 30, 2001. In addition, a partial release has been granted of the undisturbed 7.8 acre area at the site. February 3, 2004: This permit has been modified to increase the affected acreage to 353.9 acres as indicated on the Mine Map last revised December 4, 2003 for the construction of a temporary road located along the west side of the permitted area. The temporary access shall be used for overburden removal only and the buffer will be re-established once overburden removal has been completed. March 13 2008: This permit has been modified to increase the affected acreage at this site to 356.74 acre acres as indicated on the Mine Map last revised December 13, 2007. The modification includes the construction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant that is located outside .of the permitted area. Expiration Date This permit shall be effective from the date of its issuance until February 3, 2014. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any storm water 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 Water Quality, to secure any necessary storm water permits or other approval documents. Page 4 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 and enforced by the Division of Air Quality. B. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Prior to directing the flow of Long Branch into the relocated channel, the permittee shall contact the Division of Water Quality for final approval of the "as - built" channel and its required features. C. The 4150 foot channel relocation of Long Branch shall be conducted in accordance with all applicable permit requirements approved by the Division of Water Quality. D. Sufficient buffer (minimum 50 foot undisturbed except for the approved channel relocation of Long Branch) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. E. All buffer zones shown on the Mine Map last revised January 25, 2008 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits,' or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. Appropriately designed diversion ditches shall be installed and maintained on both sides of the creek where temporary creek crossings are made to direct sediment laden runoff to the approved sediment control measures. Page 5 C. Temporary slope drains shall be utilized to convey runoff from the top of the berms in a nonerosive manner. In addition, appropriately designed energy dissipators shall be constructed at the outlet of the slope drains. D. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised December 4, 2003 and the supplemental information dated August 21, 2003, September 12, 2003 and December 5, 2003. E. Mining activities associated with the construction of a new District Office at the site and the construction and maintenance of two access roads through the permitted area to the asphalt plant shall be conducted as indicated on the Mine Map last revised January 25, 2008 and the supplemental information received by the Land Quality Section on December 5, 2007, December 18, 2007 and January 28, 2008. F. An erosion and sediment control plan(s) shall be submitted.to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after September 20, 1993 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after September 20, 1993. ME 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. & Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: FAM Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 0.0 91ao[ Yibra,ian Fmquertr/. Mx Fyi (:In j .i:: Ga4ietiYr J{d.^.: M. �'4nv9i :: •:'t�r:.'u B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: Page 7 W = (D/Ds)' D. = D W1n V = 160(Ds)-1 s W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With Monitorina: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measurina Svstem. in Hz in dBL 0.1 Hz or lower -Flat response 134 peak 2.0 Hz or lower -Flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: - r To convert U (psi) to P (dBL): U = 82 (DjW0.33)-1.2 P = 20 x log (U/2.9x10-9) Confined Air blasUOverpressure (dBL) for quarry situation: Page 8 A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owed or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Flvrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: Page 9 A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. J, Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope along any pit expansions conducted after September 20, 1993. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last revised January 25, 2008. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. Page 10 11. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment 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 Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal. 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. Page 11 13. 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. 14. Bonding The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. 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 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 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wail, and grade 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: Page 13 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan noted on the Reclamation Map last revised August 13, 2003. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professionai wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 14 This permit, issued July 20, 1972, renewed May 18, 1982, modified and renewed September 20, 1993, modified November 4, 1996, December 19, 1997, December 23, 1999 and September 14, 2001, and renewed and modified February 3, 2004, is hereby modified this 13th day of March, 2008 pursuant to G.S. 74-52. 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"�y;-�!-- ❑ New ❑ Renewal .sl Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ED Release ❑ Partial Relcase V Additional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please route entire application parkage to: Regional Office (2 complete copies: attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach hath the DWQ and DAQ "Mining Application Review Form'to the other copy; send both copies to the Regional Engineer) Date Routed Reed ❑ Division of Water Resources Date: Routed r— Reed _ ❑ NC Wildlife Resources Commission Date: Routed Reed _ ❑ US Fish & Wildlife Service Date. Routed Reed _ (Only new applications and modification requests that add land to the permit) Please route first 3 des of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological Survey Section Date. Routed Reed _ (Only new applications and modification requests that add land to the pertnit) ❑ Division of Archives & History Date: Routed Reed _ (Only new applications) ❑ Other. Date: Routed Reed `*5uepen5e Date for Comments: ` ? (no later than 25 days from receipt) ❑ Please note the following: Wi 'A6 we) BEAM Vine Entry Screen Permit No.: slue lease date��'� Re9isecll date 'e i nde d acrea a BSIn 7y 3on pe I 3ond amount xpiration date Status Aine acreage screen (releases) 'ermitted acreage in new acres reclaimed mine excavation category) �7 Martin MariettaIlaterials • Greensboro Distnc P.O. Box le565 Greensboro, NC 2 19 Telephone: (336) 8.3253 Fax (336) 668-10 2 January 25, 20 RECS Attn: Ms. Judy, ehner, Assistant State Mining Specialist Land Quality S 'on JAN Department of nvironment and Natural Resources 1612 Mail Servi a Center Raleigh, NC 27 99-1612 �. — ... Re: Pomonz Quarry Modification Request Mining lermit No. 41-05 Guilfor County Dear Ms. Wehnlr Please find en losed two copies of the associated mine maps for the Pomona Quarry modification reluest. In response to your letter dated January 14, 2008, the following information has n provided: • Across ion and road profile have been provided for the entrance roads. • A constr iction sequence has been provided for the installation of the 60' culvert and a rock don it has been added at the inlet of this culvert. • Details f r the proposed roadway and construction entrances have been provided. • The aff ed acreage information has been revised to include .47 acres for sediment basins, .t 5 acres for roadways, 2.41 acres for the building disturbance. Please feel free in contact me at (336) 215-5497 or at stephanie.graham@martinmarietta.com should you have y questions or need any additional information. Sincerely, Stephanie Gral Environmental Martin Mariett Enclosures Inc. Comments - MMA Pomona Quarry 1-05 Guilford County i i Subject: Comments MMA Pomona Quarry 41-05 Guilford County From: chuck kirchne <chuck.kirchner@ncmail.net> Date: Mon, 11 Feb 2 08 11:01:38 -0500 To: Judy Wehner <Ju y. Wehner@ncmail. net>, Floyd Williams <Floyd.Will iams@ncmail.net> CC: matt.Qantt(a%ncm il.net Z'he following are omments for MMA Pomona Quarry, Permit number 41-05, located in Guilford County Initial submittal was made on 12/11/2007. A modification to this submittal as received on 12/18/2007. No comments were sent for initial submittal. Comment based on 12/18/2007 submittal were submitted on 1/2/2008. P. revised plan was submitted on 1/31/2008. The following comments are based on the 1/31/2008 subm ttal. 1. Previous itemsjhave been addressed. 2. Ensure no road construction takes place outside of the limits of disturbance without prior appr val. Cnuck Kirchner N� DENR Winston-Sa Division of Land R 535 Waughtown Stre W..nston-Salem, NC Voice: (336) 771-5 FAX: (336) 771-463 m Regional Office ources, Land Quality Section 107 0 I �11 1 1 2/11/2008 12:14 PM 4 • ®fin • NCDENR No Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons. P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary January 14, 2008 7099 3220 0009 77 3 7180 Ms. Stephanie Gra m Martin Marietta Agg egates PO Box 8565 Greensboro, North arolina 27419 RE: Pomona Qua Mining Permi No. 41-05 Guilford Court Cape Fear Ri er Basin 4:f.qebt CMIT.r. We have revi d the modification request application your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Provide cross section and profile of the proposed roads. Include a construction sequen for installation of the culvert. It is suggested a rock donut inlet protecti n be installed. Provide details on the proposed roadway surface and constru ion entrances. 2. Please vlerify the proposed affected acreage is 356.25 acres, even though the roadwa have changed since the original submittal. Please be advi d that our review cannot be completed until all of the items listed above have been fully ddressed. In addition, please note the Land Quality Section may request additional info ation, not included in this letter, as the mining application review progresses. In order to com ete the processing of your application, please forward two (2) copies of the requested infonnati in to my attention at the following address: 1612 Mail Service Ce ter, Raleigh, North Carolina 27699-1612 •919-733A574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Ipporunity l Affladive Action Employer50%Recycled 110% Post Consumer Papw 4 0 • Certified Mail Ms. Graham Page Two As required t from the date of yoL unable to meet this in writing, to the Dir an extension of tim( to grant or deny the files at the end of th Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 15A NCAC 513.0013, you are hereby advised that you have 180 days receipt of this letter to submit all of the requested information. If you are eadline and wish to request additional time, you must submit information, �tor clearly indicating why the deadline can not be met and request that be granted. If an extension of time is not granted, a decision will be made pining permit based upon the information currently in the Department's 180-day period. Though the p eceding statement cites the maximum time limit for your response, we encourage you to pr vide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. cc: Mr. Matt Ganttl PE Sincerely, �, f Judith A. Wehner Assistant State Mining Specialist Land Quality Section Comments •MMA Pomona Guilford County • • Subject: Commenti MMA Pomona Quarry 41-05 Guilford County From: chuck kirchn<chuck.kirchner@ncmaiLneV Date: Wed, 02 Jan 8 11:24:45-0500 To: Judy Wehner Qy.Wehner@ncmail.net>, Floyd Williamm s <Floyd.Willias@ncmail.net> CC: matt eantt0mcLnet The following are omments for MMA Pomona Quarry, Permit number 41-05, located in Guilford County Initial submittal was made on 12/11/2007. A modification to this submittal as received on 12/18/2007. No comments were sent for initial submittal. Followi g comments are based on 12/18/2007 submittal and comments would encompass 12 ll/2007 submittal. 1. Recommend rockldonut inlet protection at culvert inlet above basin 0. 2. FYI - No plans received to date for road construction in central area. Central area of th Pomona Quarry is outside of the limits of disturbance for this mining permit All other erosion rcntrol measures appear adequate for proposed construction. Proposed construction will have a minimal impact on mining operation. Chuck Kirchner Chuck Kirchner NO DENR Winston -Sal m Regional Office Division of Land Re ources, Land Quality Section 585 Waughtown Stree Winston-Salem, NC 2 107 Voice: (336) 771-50 0 FAX: (336) 771-4631 4 I I of 1 1 12/2008 2:11 PM I 40 North ( na Wildlife Resources Fred A. Harris, Interim Executive D'vectc MEMORANDUM j TO: B da M. Harris, Mining Program Secretary DEC Q V�57 La Quality Section FROM: S i L. Bryant, Piedmont Region Coordinators He itat Conservation Program DATE: 19 ember 2007 SUBJECT: Mi ing Permit Modification for Martin Marietta Materials Inc., Pomona Quarry - Permit No. 41-05, Guilford County, North Carolina Biologists 'th the North Carolina Wildlife Resources Commission have reviewed the subject permit request. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982) (G.. 74-76 through 74-68 15 NCAC 5). Martin Ma Materials, Inc. is requesting a modification of their permit for mining granite. The modification c ists of disturbance of 3.05 acres for construction of a district office at the site and interal access helve the office and one of their customers. The proposed modification does not involve acreage outside of previously approved permitted boundary. The total permitted area is 426.6 acres. Long Branch and an unnamed tributary to Long Branch Bow through the site. These streams are tributaries to East F k Deep River and the High Point City Lake in the Cape Fear River Basin. Although w have no objections to the proposed modification, we offer the following recommendations to er reduce impacts to aquatic and terrestrial wildlife resources. I. To adequate protect streams, slormwater management structures should be designed to mimic the hydrogra h consistent with an impervious coverage of less than 10 and these should be located outsi a of riparian buffers and wetland areas. Maintain a ninimum 100-foot undisturbed, native, forested buffer along perennial streams, and a 50-foot buff along intermittent streams and wetlands for the present operation and any future expansions. daintaining undisturbed, forested buffers along these areas will reduce impacts to aquatic and t rnestrial wildlife resources, water quality, aquatic habitat loth within and downstream f the project area. In addition, these buffers will provide an adequate travel corridor for wildlife s cries. Whereas, a grassed buffer, particularly fescue, is a vegetated buffer but will not provide t a necessary and highly valuable functions as discussed for forested buffers. We request that iment and control measures be located outside of these buffers. I Fisheries • 1721 Mail Service Center a Rai (919) 707-0220 a Fax: (919) 707-0028 0 Page 2 I 0 • 19 December 2007 Pomona Quarry Permit No. 41-05 Water disc arges from the project site should be proportional to the size of the receiving stream so that the iydrology of the stream is not altered, and all discharges should comply with NPDES permit reqt irements. In particular, turbidity of the discharge should be maintained at or below the permit equirement. High water discharge rates and turbidity can negatively impact aquatic and fisheri resources within and downstream of the project area. Excessive silt and sediment loads can ve numerous detrimental effects on aquatic resources including destruction of spawning bitat, suffocation of eggs, and clogging of gills of aquatic species. 4. We encour ge the applicant to consider using seed mixtures that are beneficial to wildlife in their reclamatio plan, such as native, warm season grasses. An exact seeding mixture would need to take into a ount soil types, moisture, pH, and degree of slope of areas to be stabilized. In addition, f relatively shallow sediment basin reclamation, we recommend these areas be reclaimed wetlands where practicable. We refer the applicant to George Strader, District Wildlife Bi 3logist at (919) 471-1743 for additional information and ideas on reclamation for wildlife. Thank you for the opportunity to review and comment on this permit request. If we can be of further assistance, T lease contact our office at (336) 449-7625. cc: Daniel Soephard, Martin Marietta Materials, Inc. cc: Mark Boivers, USFWS Corey O kley, WRC MINING CHECKLI5T FOR ROUTWG Applicant's me: Project Name. i- o ApplioAPerm No.: `; Gounty: DateRweeived: Reviewer. River Basin Name•. Aram t�v^� ❑ New ❑ newal odification (inside permit oundares) ❑ Modification outside permit boundaries) ❑ Transfer 0 Release ❑ Partial Reba dditional Information 0 Fee Needed: $ ❑ Fee Received. $ Regional office (2 complete copies: attach the'LQ5 Regional Apo 'on Review Checklist' to one ropy and attach hath DWQ and DAQ atio Review Form" to the other copy: send both copies to the Regional Engineer) Date: Routed Reed f W 7MIdllfe r Resources Date. Routed Reed e Re uroes Commission Date: Routed Reed Wild ifs 5ervice Date: Routed Reed new a ications and modification requests that add land to the parmit) ❑ DMsion of Parlis & Recreation Date: Routed Rec'el _ ❑ NC Geological urvay Sect on Date. Routed Reed _ (only new a liaxtions and modification requests that add land to the permit) ❑ Division of Arch es & History Date: Routed Reed _ ❑ Other. I Date. Routed Reed "Suspense D to for Comments: l I r ✓ (no later than 25 days from receipt) ❑ Please note the following: i Martin Marietta Qaterials 0 Greensboro Distnct P.O. Box 10565 Greensboro, NC 27419 Telephone! (336) 66&3253 Fax: (336)666-1092 December 17, 2007 Ms. Judy Wehner, Assistant Mining Specialist ! land Quality Section North Carolina DENR 1612 Mail Service Center Raleigh, North Carolina 27699 Re: Mining Permit Modification Request Pomona Quarry, Mining Permit # 41-05, Guilford County Dear Ms. Welmer, Please find enclosed four (4) copies of the revised mining map. We have revised the location of the proposed new access and have added an additional access toward Boulder Court. These drawings will replace the previously submitted drawings that were sent to you December 4, 2007. Please contact me at (336) 215-5497 or via email should you have any questions or if I can be of any assistance. Sin ly, Stephanie Graham Environmental Engineer, Greensboro District Martin Marietta Materials, Inc. slephanie.graham@mw11nmariettacom nJ� Carlos Black G ',o PLAN VIEW STANDARD TEE; PROPOSED DISTRICT OFFICE LOCATION I - PROPOSED NEW ACCESS C � _ FfIC'4: I NCDENR North Carolina Department of Environment and Natural Division of Water Resources Michael F. Easley, Governor December I4, 2007 TO: Brenda M. Harris Land Quality Section FROM: John Barr Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: Martin Marietta Materials, Inc. Pomona Quarry Guilford County Resources William G. Ross Jr., Secretary John Morris, Director RECEIVED DEC 14 2007 INIM"IN •r• Please find attached a copy of the mining permit modification request for the above referenced project. Based on the information contained in the permit modification request, I foresee no immediate or obvious adverse effects on potable groundwater supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water withdrawals and surface water transfers every five years after initial registration. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-733-40641 FAX: 919-733-3558 I Internet: www.ncwater.org NofthCarolina An Equal opportunity / Affirmative Action Employer - 50 % Recycled 1 10 % Post Consumer Paper Naft(rallY u NCDENR North Carolina Department of Environment and Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist T, _ u • : T O ►AI Land Quality Section December 6, 2007 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Sec Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County ® Mine Dewatering Proposed Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary DEC 1 2007 DMSION OF WATER RESOURCES RECEIVEC DEC 14 200' LAND QUALITY ❑ No Mine Dewateririy"@ft8 BA1 Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on December 28, 2007 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr, Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • MINING CHECKLIST FOR ROUTING Applk:arre Name: ApplieJPermit No.: �County. Reviewer. Project Name. Date Received: River Basin Name: ❑New ❑Renewal �'Modifloation (inside permit boundaries) ❑ Modh9cation (outside permit boundaries) ❑ Transfer C Release ❑ Partial Release C Additional Information C Fee Needed: $ Fee Received: Regional Office (2 complete copies: attach the'L(i$ tonal Office Mining Application Review Chacklist'to one copy and attach hath the DWG(, 'Mining Application Review Form" to the other copy, send both espies to the Rr„gio" Date: Routed Reed Ivlslon of Water Resources Date: Routed reed NC Wlldlffe Resources Commission Date: Routed Reed ❑ US Fish & Wildlife Service Date: Routed Reed (Ony new applications and modification requests that add land to the permit) r) Please route first 3 des of the application and any location maps to: ❑ Division of Parks & Recrcation Date: Routed Reed _ ❑ NC Geological Survey Section Date: Routed Reed _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date. Routed Rec'd _ (Only new applicatons) ❑Other. Date: Routed Reed "5uepense Date for Comments: IQId y , (no later than 25 days5 from receipt) e �b� � -IPlease note the following: 1W r NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 6, 2007 William G. Ross Jr., Secretary TO FM TA EeftTTAT, vow, TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Sec Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County ® Mine Dewatering Proposed El No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on December 28, 2007 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ALA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 6, 2007 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris_ Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for MMA Pomona Quarry Guilford County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by December 28, 2007 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the perso noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. fbmh Attachments cc: Mr. Matt Gantt 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 a 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 Martin Marietta Materials_ w A Ah —-—---------���Vw` VENDOR NO.DATE: CHECK NO. v� 158632 1120107 893695 P.O. BOX 30013 RALEIGH. NORTH CAROLINA 27622-0013 DATE INVOICE/CREDIT GROSS AMT. ADU. DESC DISCOUNT NET AMOUNT 11/38/07 15863244309112807 750.00 mining permit fee Como 750.00 HE ATTACHED CHECK IS IN PAYMENT TOTAL: 750.00 0.00 750.00 'OR ITEMS DESCRIBED ABOVE Martin Marietta Materials ^^ P.O. BD%J001J IIAIEIOX, NORTH CAPOIINA 376II0013 PAY TO THE ORDER OF: w.ImiaBenE, N.A. 56.156 CHECK NO. 00893695 wmnm BONI INC 131 SEVEN HUNDRED FIFTY AND 001100•"•.' "' * * * * * * • NCDENR LAND QUALITY SECTION 1612 MAIL SERVICE CTR RALEIGH NC 27699-1612 DATE CHECK AMOUNT 11130/07 $'•••'•'750.00 0 Martin Marietta Aggregates Charlotte District P.O. Box 7446 Charlotte, NC 28241.7446 Telephone 704-525-7740 Fax 704-527-9283 December 4, 2007 Ms. Judy Wehner, Asst. Mining Specialist Land Quality Section North Carolina DENR 1612 Mail Service Center Raleigh, NC 27699 &I 0 5 NO Re: Mining Permit Modification Request Pomona Quarry, Mining Permit #41-05, Guilford County Dear Ms. Wehner: Please find enclosed four (4) copies of the mining permit modification request and associated mine maps for Martin Marietta's Pomona Quarry. We are proposing a Martin Marietta District Office at the site, and internal access between the office and one of our internal customers. The total disturbance will be 3.05 acres, and I have enclosed a check for $750.00 for the modification request. Please contact me at (336) 215-5497 or via e-mail should you have any questions or if I can be of any assistance. Sincerely, Stephanie Graham Environmental Engineer Martin Marietta Materials, Inc. ste hanie. raham r martinmarietta. com 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine: Pomona Ouarry County: Guilford River Basin: Cape Fear Latitude (dd.mm.ss): 36' 55' 30" Longitude (dd.mm.ss): 79' 55' 30" 2. Name of Applicant*: Martin Marietta Materials, Inc. 3. Permanent address for receipt of official mail** PO Box 18565 Greensboro, NC 27419 Telephone (336)668-3253 4. Mine Office Address 825 Marietta Road Greensboro, NC 27410 Telephone_(336) 299-2211 5. Mine Manager _ Joe Opel We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. _ \ ***Signature'. / Date Print Name Daniel Shephard Title Executive Vice President * This will he the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. * * The Land Quality Section must be notified of any changes in the permanent address or telephone number. * ** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. • • APPLICATION FOR A MINING PERMIT ❑ NOTE: All of the following questions must be thoroughly answered with regards to your mining operatwn7oor the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW rm"t, indicate the total acreage at the site to be covered by the permit (this is the acreage that the' new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased:_ Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and t e existing permit: Mining Permit No.: Total permitted the total (overall) acreage c?7V!r! acreage (this is the acreage that the renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a muting permit, indicate the mining permit number and the total (overall) acreage the existing permit: Mining Permit No.: 41-05 Total permitted acreage: 426.E Ac. Does the modification involve acreage within the previously approved pepm'tied boundary? Yes X No. If yes, indicate the acreage to be covered s modification (this is the acreage that the "major modification" fee will be based upon): . 5 Ac. Does the modification involve acreage outs the previously approved p 'tied boundary? Yes No. If yes, indicate the additional acreage to be covered by this modification:_ (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the muting permit number and the total (overall) acreage coverUTFtle existing permit: Mining Permit No.: Total permitted acreage: ❑ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO DE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck Dragline & Truck Self -loading Scraper _ Other (explain) APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Miming Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as maybe reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: r /� Signature: Print Name: Martin Marietta Materials, Inc. Address: P.O. Box 18565 Greensboro, NC 27419 Print Name: Daniel Sheohard Tide: Executive Vice President Company: Martin Marietta Materials, Inc. Telephone: _(336) 668-3253 Mine Name: Pomona Quarry *Signature must be the same as the individual who signed Page 1 of this application. Lu me a ro Hare rocessm Tee tsee next page Tor Tee scneame) in the Torm a cneca or money oruer to - the orth arolina Department of Environment and Natural Resources must be sent to the Land Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 7334574. -3- RockDatn Basin L PRO S r DISTRICT E LOCATI ?�owo 11 421 QUARRY 4 SITE SAPP RO. wEN>oovERRD. VICINITY MAP SEEDING SCHEDULE FOR ALL GRASSED AREAS SEEDBED PREPARATION NOTES: 1) Surface water measures are to be installed according to plan. 2) Areas to be seeded shall be ripped and spread with topsoil (if necessary), 3" deep. Total seedbed prepared shall be 4"-6" deep. 3) Loose rocks, roots, and other obstructions shall be removed from the surface so as not to interfere with the establishment and maintenance of vegetation. Surface for final seedbed preparation, at final grades shown, shall be reasonably smooth and uniform. 4) If no soil test is taken, provide ferti lizer and lime according to seeding schedule. In addition provide 15 Ib./1000 sq. ft of super phosphate. 5) If soil testis taken, provide fertilizer and lime according to the soil test report. Soil testing is recommended. 6) Lime and fertilizer shall be applied uniformly and mixed with the soil during seedbed preparation. 7) WATER all seeded areas and keep moist until new grass is established. PLANTING DATE SEED MIX RATES: LB./ACRE April 1 - August 15 Serico Lespedeza (scarified) 30 Pensacola Bahiagrass 50 Common Bermudagrass 10 Germit Millit 10 Prior to May 1 or after August 15 Rye (Grain) 40 - Fertilize seedbeds with 3 tons/acre lime and 500 Ibs/acre 10-10-10. Mulch with 2 tons/acre clean straw or hay. Tack with rapid setting emulsified asphalt at 10 gal./1000 sq.ft., or other tacking agent approved by Owner. Top Elevation of storinwater #5 Washed Stairs, 4' Sediment Siprme Area f 10' Min. s' I 10, M I'-1 Key iBmtmn Layer at Rip -Roo Carry R,Rap up Sidra of Spillway 10' M. 1 3 Min. I' Mineeb Froard ``-cessI R"N #5 Washed Store 5' ApprpX. SECTION THROUGH BERM AND FILTER GRAVEL RIP -RAP FILTER BASIN a.7 I' FREEBOARD I' Fl.00D STORA6EG`ONE I�-5' MLNI�_- I I }1 FABRIC 4'STORAGEZONE J (TOTAL BASIN CAPACITY) CROSS SECTION DESIGN SETTLED TOP EMERGENCY BY-PASS OVERFILL 6"FM 6" BELOW SETTED TOP r 5`MAX. 21" M11N, SETTLEMENT OF DAM 13 I� 4' MIN. I I I NATURAL GROUND F _3' MIN. -- - STONE SECTION ROCK DAM SEDIMENT BASIN BasinN Dimension Lx W x D I 70'x35'x4' 2 70'x 35'x4' 3 70'x35'x4'' 4 70'x35'x4' 5 65'x 35'x 4' 6 50 :, 25 x 4' 7 44'x22 x3' 8 30' x 15' x 3' 9 30'x15'x3' 10 44' x 22' x 3' I I 44' x 22' x 3' 12 30'x15'x3' BaSlnn Dimension LxWxD 13 30x15x3' 14 44'x 22 x3' 15 60x30'x3' 16 60 x30'x3' 17 60x30'x3' 18 100 x50'x3' 19 80'x40'x3' 20 80 x 40' x 3' 21 80'x40'x 3' 22 60'x30'x3' "B" 70'x36'x4' NOTE: * Traps sizes for 2 cleanouls per year ' The above erosion control measures were taken from the approved erosion control plan_ Basing Drainage Area Disturbed Area Volume Length Width Depth Q25 Weirl.ength Settling Efficiency **C 16,30 Ae 1630 Ac 29,340 100 75 4 46,95 30 **D 6.56 Ac 6.56 Ac 11808 130 60 4 18,90 25 7773 SF E 2.70 Ac 2 70 Ac 4860 45 30 4 7.78 10 F 0.58 Ac 0.58 Ac 1044 20 15 4 1,67 6 G 1.28 Ac 1.28 Ac 2304 30 20 4 3,68 8 **H 41 32 Ac 41 32 AT 74376 980 50 4 119.0 10 48957 SF 1 5,07 Ac 5 07 Ac 9126 70 35 4 14.60 18 **J 8.59 Ac 8,59 AT 15,462 80 50 4 24.74 20 K 4 79Ac 4.79Ac 8622 60 40 4 1379 16 I ** = Basins are Designed as Rock Dams- See Mine Map G.E. Wyer Jr.� NOTES. -CALCULATIONS IN BASED ON RATIONAL EQUATION, Q25=CIA, C=0.6, I= T"/HR / -SETTLING EFFICIENCIES FOR BASINS IN ARE BASED ON QIO WHERE C=0.60 AND I=6.9"MR LifIIR -BERM FOOTPI2IN IS W ILL BE MODIFIED IN THE FIELD TO ALLOW ROOM F M FOR BASINS I TO BE CONSTRUCTED OUTSIDE, DEFINED BUFFERS � BERA4 F.L. Heath � PROPOSED ROADWAY WI'H 50 PAVED ENTRANCE r _ I Basin l8; 1 60' Longaro:in & Su tilymp ATTHETIMETHATANACTIVEFACE BECOMES A DEAD LL WA, INFORMATION W311RSUWLIEDMSUWORTOF T& DETERMINATION OF FnJAL SLOFE FOR UNCONSOLIDATED MA]ERTAL (MAXIMUM SLUeE N°T TO EXCEED 3:1) r0' SAFETY BETCII to BENCH HE VAMS WITHROCKEIEVATSON AWROX[MAT_HEIAOTRANGE: D' he wmTH VARTESAPPROXiMARY V20F FACE ACEABOVE ABOF BENW WmTH wrDTH neoPostio I I MAXIMUM L DEFTH-3Do' _1 TYPICAL CRO55-5ECTION - PIT I asin I sin I • II' s3asin I is I CONSTRUCTION SEQUENCE FOR CHANNEL 1. OBTAIN MINING PERMIT APPROVAL FOR CHANNEL CONSTRUCTION. 2. OBTAIN CORPS OF ENGINEERS 404 PERMIT AND WATER QUALITY 401 CERTIFICATION. 3. INSTALL SEDIMENT BASIN "H" BELOW PROPOSED CHANNEL LOCATION. 4. BEGIN OVERBURDEN REMOVAL ALONG CHANNEL LENGTH. 5. FOLLOW PROPOSED CHANNEL CROSS-SECTION DETAIL. 6. REMOVE ACCUMULATED SEDIMENT WITHIN BASIN "H" DURING CONSTRUCTION OF THE CHANNEL. 7. STABILIZE ALL EXPOSED AREAS WITH APPROVED SEEDING SPECIFICATIONS AND REQUIREMENTS WITHIN THE 404 AND 401 PERMITS. 8. CONTACT THE CORP AND WATER QUALITY PRIOR 9. TO ACTUALLY RELOCATING THE CHANNEL FLOW. REMOVE BASIN "H" PRIOR TO RELOCATING THE (\ CHANNEL FLOW. RACE MATERIAL FROM EXCAVATION ON I DOWNHILL SIDE OF FLOW. USE ADDITIONAL -.I 2'MIN FILL TO ACHIEVE SPECIFIED HEIGHT AND WE �. z SEED AND MULCH DIVERSION CHANNEL AND DIKE IMMEDIATELY AFTER CONSTRUCTION. CHOOSE FAr APPROPRIATE SEEDING MIXTURE FROM THE SEEDING SCHFDU0.E. TEMPORARY DI/ERSION DITCH Raffelty -" Brown S.R.1554 1 � 1 - � Rock Jam Carlos 1 Basin L Black I 1 PROPOSED \ • 1 DISTFICT OFFICE LC CATION Di 4 m HaHdow � Imq Sfakes 1 F' Inkf i vlasnc Co P., vwe ruo 51ebilise OuZ ar tfi'a I PLAN VIEW STANDARD TEE -SECTION Tri-City erminal Z - - - Basin M I Basin N\ aoaa I A - 9pJr 1 F] O //Pis I 1 SETTLING O POND +01nw Q �d1 Carolina Cast Stone Inc. J C \ NOTE: Settling ponds are part of the mining process and are not used for erotion control SETTLING POND II +ena FUTURE PI i �41.32 Acres Ivv - i 1 / i ERlstmg Accesy I r T 1 w/ cutvart Rock Check Dam II + l Basin 10 1 ITY DISiPATOR 1 j 1 I Lx1S B RIP -RAP / + 11 l y SS B RIP -RAP / ,.ItIP-RAP CHANNEL. ne R k Darn, asi :1 Sides s 10' Base Quarry y Park - \ -- Associates INSTA i ~ SASWx2'\\\\ -C RAP AT OR�i -'� Basin �. `~ Bast J7 R ,ck C Basin , Hairston ��----�� Heirs SILT FENCE-x-*--x- r / ROCK DAM/SEDIMENT BASIN411, ' / IPLANT AREA PROPERTY LINE ( 0-YE I rR IT LI T TEMPORARY DIVERSION Basin BUFFER 1 \` Claude Lewis 1 s PERMIT BOUNDARY - - &Erma Lewis SETTLING CELLS / BODY OF WATER 1 ` FLOODPLAIN - - CREEK � UT BERM Proposed access through • 50' Buffer (25' wide) +•r i I 11SHOP WASH -WATER\ POND / Abeue_ roumk Storage nks ft ,Date ANT AREA �7 Jut 21 /I STRIPPED vvVvv 6.56 Acres C +•a Bashi 20 J/ Basin l� 0 a� Basin F ], Will Basin K STRIPPED M]d +!AM J BO ,C`S yt�3'Lx3'W1 3'D r t� u - /HIGHWALL BOULDER BARRICADE Carolina Tractor & Equipment Co. • R. Anderson Estate +ma J.D. Carroll Wilson Trucking Co. Or Ethel & Barry Frye (PROPOSED 8' HIGH LANDSCAPING BERM WILL FOLLOW THE SAME CROSS-SECTION AS BELOW WITH A BOTTOM WIDTH OF H/- 50') 50'-0" 25'-0" 50'-0" 2Y= TO PIT ?ly bS I_.I Il- Hk 125'-0" TYPICAL BERM CROSS SECTION REFER TO PLANTING SCHEDULE FOR SEEDING INSTRUCTIONS. 50'-0" W-0" 50'-0" 20'-0" 50'-0" 15'-0" 50'-0" 2"�Az� 2 =rdf ,gyp}. a" .1 PHASE 2 PHASE 1 250'-0" TYPICAL BERM CROSS SECTION CULVERT Q25 PIPE DIA. SLOPE MAX. VEL. OUTLET #1 (cfs) (in) ( o) (fps) PROTECTION DRIVEWAY - MCDOT CLASS "B" RIP -RAP PIPE <5 18 <1.0 % <3.60 6' L X 4' W X 9" d (60' LONG) WITH 4" #57 STONE LINER • MIN CEO 1. %�. 1�I I II IPaul Edward\ 1 II I I) 1 H. Sluder & / 1 rover Tedder ��'II E.L. Love Dan Nicholas ;r ♦r r i 1/t 1 1 H.B. Carboll w 0.1 1 � � 1 r � (Heirs) Clara D. McClellan d I RS HIGHLY APPROXIEWIE G.D. McClellan (Heirs) DEC 0 E 2007 CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 43.65 Stockpiles 29.43 Wastepi les 45.12 Processing Area/Haul Roads 58.97 Mine Excavation 179.08 Other(undisturbed) 70.35 Total Site Acreage 426.60 CONSTRUCTION SEQUENCE r t ••] 7 1. OBTAIN MINING PER T. + / 2. CLEAR ONLY AS NECESSAkY TO INSTALL THE PROPOSED SEDIMENT BASINS v...- �� r + _�, ��✓ 40 OR ROCK DAM SEDIMENT B INS FOR THE PROJECTED WORK. 3. CALL 336771-4600, WIN,' ALEM REGI () ONAL OFFICE, LAND QUALITY SECTION, FOR ON -SITE INSPECTION. BEGIN CL RING ONCE ALL SEDIMENT CONTROL DEVICES ARE IN PLACE.. 4. THE FUTURE PIT AREA WILL BE CLEA D IN SMALL PARCELS, APPROXIMATELY 5 ACRES + `' E.A. Spencee Subdivision EACH. BEFORE CLEARING OF THESE ARPillS BEGINS, PROVIDE DIVERSION DITCHLINES 4 TO DIVERT SURFACE DRAINAGE TO THE EXISTING PIT. IN AREAS WHERE THE RUNOFF WILL C v-YEAR ���/// �O NOT NATURALLY DRAIN INTO THE PIT DIVERTALL RUNOFF TO THE RESPECTIVE /\ J PI',\LIMIT SC�04 ON -SITE i DISPOSAL DIRT ROADS I � � � I AREEA 1 p ` PAVED ROADS 1 / TREE LINE Roc Dam / 10-YEAR PIT LIMIT J B� B r BERM 1 I _. I FUTURE PIT LIMIT I_ _ _ _ _ _ _ _ J INDEX CONTOUR e _ INTERMEDIATE A. E. Yow CONTOUR J Mabel P. Shields b Hi G Chrh SEDIMENT BASIN. I 5. MAINTAIN THE 5EDIEMNT BASINS, AS NEEDED A%N CLEAN -OUT WHEN SEDIMENT VOLUME IS 1/2 FULL. 6. THE BERMS ARE TO BE SEEDED ACCORDING TO THE SEEDI,NIG SCHEDULE UPON THEIR COMPLETION. AFTER THE BERMS HAVE BEEN SATISFACTO LY SEEDED, THE TEMPORARY SEDIMENT BASINS MAY BE REMOVED. COMPILED PHOTOGNALIMETRX:ALLY 9Y I A� BELL MAPPING COMPANY 1 Martin Marietta Aggregates DATE OF PHOTOGRAPHY RALEIGH, N.C. v 03-29-98 MINE MAP Ic ory rove u c SCALE: 1" - 200' FILE NAME: 619minemapl1-17-07dwg POMONA QUARRY T Oi IN r Y S N.C. G r T r T T OrJ rl COUNTY, i�1t�F RD v 1 1�1 7 1-254X1 1999 ARR UPDATE DATE REVISION 8 724/01 ] 8 ACRE LEASE EXPANSION 1 3-29-98 ( mWFo HlBhot Araph FI-a PC dWu o Cad, Appeo Nnxn 9 8/D0/01 PER STATE TUMMIES& INSPECTION THE DATE 2 2-11-W AD M, QUARRY: PDMONA R' 10 9113/03 MININGPERMITRENEWAL 3 7d2-9B Bmi" DO". rr Pil Dm IopmsU DW N Br. DBRIGHT DATE 1/2919 DWG. NO JOB. NO. IOFI D 9IIZ03 CONSTRUCTION ACCESS ONTO BOULDER ROAD 4 8-31-99 PER STATE COMMENTS /�r� /�/� /�/� �/� p/�/� 0 100 200 400 600 800 12 IV4103 RFVISIONS PER STATE. COMMENTS 5 11-8-`Y) PER STATE COMMENTS CK. BY. M. SCOUT SCALE. 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Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary October 30, 2007 Mr. Dean Wiegand Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: . High Airblast Incident of October 17, 2007 Pomona Quarry Mining Permit No. 41-05 Guilford County Dear Mr. Wiegand: This letter is in response to your investigation report dated' October 25, 2007. The investigation report contained information regarding the high air blast recording associated with the blast conducted at the quarry on October 17, 2007. An overpressure measurement of 135 dBl was measured by your company's seismograph at approximately 850 feet from the blast. This office has completed its review of your investigation report. It appears that the excessive airblast reading for this shot was related to venting of one or more holes. I concur with the remediation measures outlined in the investigation report. Primarily, the remediation measures are as follows- 1) The contract blaster shall review the drill log and compensate for the data it provides. 2) Additional stemming shall be held as necessary on holes with broken material per Dyno Standard Operating Procedure. 3) A later delay detonator shall be used on top of the hole in order to insure bottom hole initiation. In order to reduce excessive airblast readings in the future, the above remedial measures proposed by your company should be considered part of the blasting procedures used at this facility. If future airblast readings continue to exceed the maximum levels specified in your mining permit for this site, modifications to the blasting conditions currently outlined in Mining Permit No. 41-05 may be made by the Department. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled ti 10% Post Consumer Paper Mr. Wiegand Page Two I appreciate your company's prompt investigation and reporting of this matter to the Department. If you should have any further questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or myself at (919) 733-4574. Very truly yours, 1 t Zloyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw cc: Mr. Matt Gantt, PE LAND QUALITY SECTION BLASTING ANALYSIS WORKSHEET (' ".denotes fields where input data is needed) Permit No.*: 41-05 Permittee mma Mine Name`: pomona quarry Blast Report No.*: 215 Date of Blast': 10/17/07 Time of Blast*: 11:37 Peak Particle Velocity Check: D = Distance to closest offsite occupied structure (ft): D* = 850.00 W = Maximum pounds of explosives per delay (pounds): W* = 632.00 SD = Scaled Distance: SD = DIW^0.5 SD = 33.81 V = Peak Particle Velocity (inches per second): V = 160 (SD)^-1.6 V = 0.57 ('max. limit in mining permit is: V = 1.0 ips) Based on known distances from the blast to the seismograph and any additional location, the expected vibration level can be estimated at the second location as follows: V = Particle velocity measured by the seismograph (ips): V* = 0.31 DS = Distance from blast to seismograph (ft): DS* = 0.31 d = Distance from blast to second location (ft): d* = 850.00 PPV = Theoretical peak particle velocity at the closest offsite occupied structure (ips): PPV = V(DSId)^1.5 PPV= 0.0000 Airblast (Overpressure) Check: P = Unconfined Airblast/Overpressure (psi): P = 82 (DIW^0.33)^-1,2 P = 0.321807 To convert (psi) to (dBL): (P12.9 x 10^-9)log x 20 P = 160.90 AB = Confined Airblast/Overpressure (dBL): AB = P (dBL) - 35 dBL (for quarry situation) AB= 125.90 (*max, limit in mining permit is: AB = dBL) Explosives Column Check: (this is a very approximate method based upon numerous assumptions; specific densities may vary greatly depending upon the type and manufacturer of the explosive products used in the shot; must consider each explosive used; refer to Dupont Handbook for actual SPD, otherwise use the following:) Assumptions (per Ireco): If "straight" emulsion is used, use SPD (specific density) = 1.20 If a "blend{slurry" is used, use SPD (specific density) = 1.25 If "straight" anfo is used, use SPD (specific density) = 0,85 Ratio between explosives: Total pounds of Explos. #1' = 10240.00 Total pounds of Explos. #2* = 5020.00 Ratio between explosives = 2.04 Average pounds of explosives used per hole (pounds)' = 459.00 Breakdown of average pounds of explosives per hole due to ratio: Explosive #1 = 233.98 Explosive #2 = 225.02 SPD = Specific densities for each explosive: SPD for Explos. #1' = 0.80 SPD for Explos. #2' = 1.32 HD = Hole Diameter Used in Shot (inches): HD" = 5.75 LD = Loading Density (pounds per foot of column): LD = SPD(.34)(HD)"2 LD for Explos. #1 = 8.99 LD for Explos. #2 = 14.84 Explosive column height for each explosive (feet): Explos. #1 = 26.02 Explos. #2 = 15.16 Total explos. column height = 41.18 Stemming height used in shot (feet)" = 8.00 Total height of explosive column(s) and stemming in the hole =49:18 ;I Total depth of hole denoted on the blasting report for the shot in question` =__-5300 u i Analysis Completed By: W Date: Martin Marietta Aggregates PO 83x30013 Ra"h, North Caiolna 27M2 13 Ebphore: MR781.9 October 25, 2007 Ms. Judy Wehner Assistant State Mining Specialist Land Quality Section Division of Land Resources NCDENR 1612 Mail Service Center Raleigh, NC 276994612 RE: Air over -pressure —October 17, 2007 Pomona Quarry Permit No. 41-05 Guilford County Dear Ms. Wehner: As required by our subject Permit, this is to document the occurrence of an air over -pressure at our Pomona Quarry on Shot Number 215, Wednesday October 17, 2007 at 11:37 am. The incident was reported via telephone to your office at approximately 4:15 pm on October 17, 2007. Incident Summary Two shots were loaded and fired on October 17, 2007, Shot Number 214 was shot at 11:33 am and resulted in an air over -pressure of 114 dB at —775 feet. Shot Number 215, shot at 11:37 am, resulted in an air over -pressure of 135 dB at --850 feet. No complaints were received. Blast Design The shot in question was 29 holes, 5 3/4" in diameter, 3 rows deep. It was timed non - electrically, one hole per delay. Blast pattern was 14 feet x 16 feet, 53 foot deep, 4 feet of sub - drill and 8-10 feet of stemming. Bulk loading was utilized. 0 0 0 • Blast Loading Shot was very routine. Most of the shot was dry, except 4 of the 29 holes had to be loaded with 100% repump blend. As per procedure, the loading hose was removed from those holes to allow loading the top primer to insure it did not float. A drill log was available. Blast Description Shot Number 215 was fired at 11:37 am. A seismograph was deployed at the closest non - company owned structure on Hickory Grove Church Road. The shot was double Capped with the same delay. Shot duration was 434 ms. Analysis of the shot video does show some excessive vertical movement on a few holes but face movement looks reasonable. As previously noted, no abnormalities were noted upon loading. Cause of Qyer-pressure A drill log was available indicating the amount of broke up material on the shot and was noted as 3 — l 1 feet. Four holes were loaded with emulsion blend resulting in ---175 pounds more being loaded into each of those four holes. No additional stemming was held. The combination of additional product weight in the holes and broken material on the top_allowed one or more choles'to vent - Actions to Prevent Recurrence • The importance of reviewing, and compensating for, the drill log data has been established with the contract blaster_ • Additional stemming will be held as necessary on holes with broken up material per Dyno Standard Operating Procedure. • A later delay detonator will be used on top of the hole in order to insure bottom hole initiation. We believe the cause has been clearly identified and actions to prevent recurrence have been taken. We look forward to your response and any additional recommendations. Please call if any further details are necessary. Sincerely, �,A l0 Dean A. Wiegand Manager - Explosives Engineering 0 M. Steve Bruce Jimmy Davis Joe Opel Attachments: • Shot Report Numbers 214 and 215 • Seismogram from Shot Number 215 • Drill log for Shot Number 215 lei}q,r2w7 34:45 %JRCHG6ING + +01+e12002 n:oe vaolwueead® HJ.5AS P01 (FAX) ® P.eovuoz OUNT KO, yyn svclw MARTIN MARIETTA AGGREGATES BLAST REPORT J. OIMNNY/Ai pa�° n° STATEAle Cc /? TIME0F8LAST //.:j� p. TWO nt motors, Ellwood: �,4_i � Pa11CNnSE 01mEA NUMBER 1. moehoI CeneNon: Clear_ Penly Cmar.j� weraa —Rein. wind FromySpeell Do. P.2L�_ e. WOR11Pn Ot Slal'. D—Le a./ /9e25" /10SE• f[T-- S. oEKuOn/OlaNnn lmfn alai 10;roarml �ery eallwap:�'Ca' Seyf"L rs •vE'l e. Type W Baser: Preyglm¢ ✓ ar IMavYvl �f� y_ MMR# OF HODS& A 9 No. OI IncNned Ndee; (D NO. of (e Ina Hobe: a e. HOU OEM: - 3 _. mcE Sm _r 1 aTEMMeM: HOC,H(5: = TYPO a Slamming: b 7 '1 8. BIIRIEle lly $PALING: NO. of Hmne'. j DePm uI Sub nou e! l'/ M deY bGObg: na pt _ (Iavem en a INN VevO:r4l 4/" yes _ 11. Type of oyllYAen:ebgAc A Nu.a Series/Cecuee NonelecAle (% Olner IA SlPaing Maaelne MooOC eLai.u$e0VOn1/I SeONBtno Im n Kpuenllel, v08 Mad lolly edlwle0 O���eeeerem fires nel0 eBW nalbn Oc[un 09 yvx ae, pemr000m md: Menwwa.ma\y Typerroul Nvmeer s'8ezde}� e C 2e 6jr ME lepu MS Zm ve I kepi I now, aaa��aaT�n� �!� mW �,�_ ©,-,— m, =WTI mrAllm ®�4�MEN _ ME mbmk 15. EupfoW Neletlels 6 SeMca Used: PourWJNNN e4nWKrw00 By, NNngTrKYmuM Slim n1 -- ee. aHm sEmc:E: some ✓ ne_ OtwnTETallo$EFi yea..._ no O. TOTKPO4N(Ya IN SIAST: J TONSINSHOT: D r? /jS POWDER FACTORITninoes.).2. O`_ IS. ExPlOSRE PENRORIMNCE/SEWICE EHEUErvi_aKeOsaBIF._ opOA___eONveNlB WA((/BALK-BBPAe GONDRION: t¢tuew 1S. SUSTI N PUNT .Wu n.)r ORL c rp CSTMCr eKLON 1[MMrK51 rMeb I YEARS ous(n(o+rorkw.n..emsRwe.a. Aeeoar 1'd 8102 B22 SEE Asawn0 tlNONOd 0112:bo LO 61 4vO 1,011812007 17:08 Yolonda Reedy® SeSMOGW Na. holes par eolap. /' .'MWC. E%PLOSWEaBs. Scalea.dlnlu ce = Distenca lo'neeiesl nonouwryled9. fi-ine M. S9. Rool el Max: lbs. per delay (line 24) - Bast Diagram (Must so Complete) - _ 14 � O 3 (� 0 a 0 0 0 D 0 0 7 9 ry 15 740 O 1.t 1.2 �V ati .2't 14 6fdke u P i �rnve L,.p 1r Martin Marietta Materials Pomona Quarry Waldrop Res. 5949 Hickory Gr. Ch. Rd. Clear 75 Degrees Cliff Atkins Amplitudes and Frequencies Acoustic: 135 dB, 1.14 Mb, 0.0165 psi, 0. 1140 Radial: 0.2950 in/se0 @ 24.314z Vertical- 0.1950 in/sec @ 26.9Hz Transverse: 0.3100 in/sec na 28.411z File \S. u 36.47M7101700.0m summer.OW n.,la: I01171007 Puree: 11:3T Serial Number: 3647 sdmic Iris :o 030 wane Accunic Triwr: M as sample Bair. IOU Retell nurmieo 10S, oenda Acl'nr mO.SOScconde sevw Clio 25 aaaery: 6.5 Graph Information Purarion: 0.000 s To: 4.500 s Acoustic Scale: 135 dB Seismic Sure: 0.31 in/sec (0.078 in/seeldiv) Time Line Intervals al: 0.50 s Particle Velocity Versus Frequency - USBM 10.00 Radial - MseT 10.00 vertical - Wave I Cal 1.00 Ca10.50 Ca10.50 rai 0.500 (RI 85079 1980) a3 Transverse -in/w 0.10 ` 0.10 Oka 0.10 0.01 0.01 0.01 1 10 too 1 10 too ! Frequency (Hz) Fmgeency (Hz) ME s` 10 100 Fmquenry(Hz) E-d 0102 622 9EE Aamunb uwowod e64a11 to LI 200 IMANI^ 'NO YEAR IOTIM. MARTIN MARIETTA AGGREGATESCD BLASTREPO.RT''/� j�'Cn) j a� 94309 07 2!L{ OLIARRy/MINE—LO H4n 7reeV1 S_(]Q�STATFFl1l�DDATE O � TIMEOFBLASIF T�3J, Typo of Material Slatted! M f j'e PURCHASE Clsli NUMBER Weather Condition: Clear r Parlly Clear Overcast Bain _Wind From ^upsed _ Temp Dug F' awe r ' Location of Bhury - - t- e 15 S� ✓��J _ -OJ IJLM. Cir_U_j�4 .�,Y DirgOtlon/Distance from Blast to Nearest Non -Quarry Bulldirri . Lr r S. Type of Blast: Production' /_ Other (descirli /O e, Jh T. NUMBER OP FJ HOLES S No, of Inclined Holes: No. of Leveling Holes: &. M11d.E DEPTH; I/ / HOLE Sli 5 STEMMING HEIGHTS: _a�_ Type of Btamming:_�8 ,Sfn /��, p P. BUBTKN: p r SPACING: No. of Pawa:Depth of Sub Drilling:_�r- y r 10. Back Leading: no ✓ yea (deumn on m i Mafa used:m / We 11. Type of Initiation: electric_k No. of Series/Circuits 3 Nonelectric Other 12, Slatting Machine Model: A: Y- % i-rzQLeq s Smut en tial Servings: Q. It sequential, was blast fully activated before first hole de r awn o L/ Ce es' a no 14. Detonators Used', Manufactured act: 2_ Type L Total Number. 6.5_ �iv7 ®om M® ®o� 15. Explosive Materials & Services Used: mos' Pounds/Units Manufactured By: Name/Trademark Size 5T bs� „ 3, Ca Oo ev C"ti5 s, w Wit' ETWIi We no 1Z TOTAis, SHOTL FOUNDS NBLAST:' no DE1aJATTONS IN SHOT: 3 FyGER? GEfN10E: yes �o_y� 7 PON9EHFACiOFi(rowshss.)�� Is. E)FLBBNE PERFORMANCE/SERVICE EXCELLENT_AOCEMABLE ✓NOn_COMMENTS BPEANAGE: EXCELLENT ACCEPTAELE.-�RIOA COMMENTS WALL/BA( 19. BLASTER 2D. PLANT MA 9 id0Y21[ET.) CmTO Pkirim, DWreIOn IENROSh£St"ETLIN5 vcnn5 eLA51'^vFIeh10,M{W/WI1 HURAWAL"i zt. Seiamogreph Locauon: . - 1y %C ov VOUO _?. Durance to BIe6C 7 95 Direction coward WastN•!d` ' uric dam: IxPJ=� °L; Air (DbL)-/(�'Tepa/Disnnc/Ev�/ei�nt Na. OQ 23. Saiemograph Mcdel/$erial No. z �2M;5 *3GY0 Operator G/rF� za. No, holes per delay: f, Mnxo OSNELas. PER Dear. 12-0 Min delayfimehenreenanytwo l,otoe:g'rYi. 25. Scaled distance = Distance to nearest non -quarry food (Line 51= / /S a - Sg. Been of Max. LDS, par delay pine 24) D 26, Blear Diagram (Must Be Complete) �� Air Over -pressure at Pomona 0 0 Subject: Air Over -pressure at Pomona From: "Dean Wiegand" <Dean.Wiegand@martinmarietta.com> Date: Thu, 25 Oct 2007 14:06:22 -0400 To: <judy.wehner a ncmail.net> Good afternoon. Here is an electronic copy of our investigation. Hard copy with attachments on the way! «Airblast letter to State 10-25-07.doc>> Thanks, Dean Wiegand Martin Marietta Materials Phone (919) 783-4672 Fax (919) 51 0-4727 Content -Description: Airblast letter to State 10-25-07.doc Airblast letter to State 10-25-07.doc Content -Type: applicationlmsword Content -Encoding: base64 of 1 10/25/2007 3:32 I'M Martin Marietta Aggregates P O. Box 30013 Raleigh, North Carolina 27622-0013 Telephone: 919,781.4550 October 25, 2007 Ms. Judy Wehner Assistant State Mining Specialist Land Quality Section Division of I -and Resources NCDENR 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Air over -pressure — October 17, 2007 Pomona Quarry Permit No. 41-05 Guilford County Dear Ms, Wehner: As required by our subject Permit, this is to document the occurrence of an air over -pressure at our Pomona Quarry on Shot Number 215, Wednesday October 17, 2007 at 11:37 am. The incident was reported via telephone to your office at approximately 4:15 pm on October 17, 2007. Incident Summary Two shots were loaded and fired on October 17, 2007, Shot Number 214 was shot at l 1:33 am and resulted in an air over -pressure of 114 dB at —775 feet. Shot Number 215, shot at 11:37 am, resulted in an air over -pressure of 135 d13 at --850 feet. No complaints were received. Bust Design The shot in question was 29 holes, 5 3/4" in diameter, 3 rows deep. It was timed non - electrically, one hole per delay. Blast pattern was 14 feet x 16 feet; 53 foot deep. 4 feet of sub - drill and 8-10 feet of stemming. Bulk loading was utilized. Blast Loading Shot was very routine. Most of the shot was dry, except 4 of the 29 holes had to be loaded with 100% repump blend. As per procedure, the loading hose was removed from those holes to allow loading the top primer to insure it did not float. A drill log was available. Blast Description Shot Number 215 was fired at 11:37 am. A seismograph was deployed at the closest non - company owned structure on Hickory Grove Church Road. The shot was double capped with the same delay. Shot duration was 434 ms. Analysis of the shot video does show some excessive vertical movement on a few holes but face movement looks reasonable. As previously noted, no abnormalities were noted upon loading. Cause of Over -pressure A drill log was available indicating the amount of broke up material on the shot and was noted as 3 — 11 feet. Four holes were loaded with emulsion blend resulting in —175 pounds more being loaded into each of those four holes. No additional stemming was held. The combination of additional product weight in the holes and broken material on the top allowed one or more holes to vent. Actions to Prevent Recurrence • The importance of reviewing, and compensating for, the drill log data has been established with the contract blaster. • Additional stemming will be held as necessary on holes with broken up material per Dyno Standard Operating Procedure. • A later delay detonator will be used on top of the hole in order to insure bottom hole initiation. We believe the cause has been clearly identified and actions to prevent recurrence have been taken. We look forward to your response and any additional recommendations. Please call if any further details are necessary. Sincerely, Dean A. Wiegand Manager - Explosives Engineering rl �, cc: Steve Bruce Jimmy Davis Joe Opel Attachments: • Shot Report Numbers 214 and 215 • Seismogram from Shot Number 215 • Drill log for Shot Number 215 A� . r NC®ENR. North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr„ Secretary May 24, 2005 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002 3150 0003 7053 2337 NOTICE OF VIOLATION OF MINING PERMIT Mr. Dean Wiegand Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Mining Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Mr. Wiegand: This is to inform you of violations of Mining Permit No. 41-05 issued to Martin Marietta Aggregates to operate the Pomona Quarry in Guilford County. On May 20, 2005, the Land Quality Section's Raleigh Central Office was notified by you of a fly rock incident that occurred at the above referenced mine on May 19, 2005 which resulted in rock being thrown outside your permitted area. In addition, a seismograph was not in use at the time of this blast. Therefore, this incident constitutes a violation of Operating Conditions Nos. 8. and 8G of Mining Permit No. 41-05, which requires monitoring of every blast and governs the control of fly rock at this mine. As you recall, a fly rock incident occurred at this site January 27, 2005 which resulted in the issuance of a Notice of Violation on January 28, 2005 for violations of Operating Condition Nos. 8C and 8G. The following actions must be taken to correct these violations: A. Immediately cease further use of explosives at the Pomona Quarry. Geological Survey - Land Quality • Geodetic Survey Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.usldlr,htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper CERTIFIED MAIL Mr. Wiegand Page 2 B. Submit in duplicate to the Department, within 10 da s following our receipt of this Notice, a complete blast investigation report. Said report shall contain, but not be limited to, the following: a) blast reports/records, b) a scaled map showing the exact location of the May 19, 2005 blast and the distances to and locations of the fly rock and offsite damage (if any), c) actions to be taken by your corporation to repair any damages, d) probable cause(s) of the fly rock, e) description of the blasting procedures employed at the time of the incident, and f) what changes will be made in procedures to ensure that fly rock will not exit the permitted and guarded area in the future. Procedures must also be proposed to ensure that all future blasts are monitored with a seismograph, as required by the mining permit. C. Please submit blasting records and seismograph recordings to this office for all future shots at the mine site until further notice. Your investigative report will be reviewed as soon as possible upon receipt. In accordance with operating permit condition 8H. (2), blasting may not resume until the future preventive measures have been approved. Failure to take the corrective actions specified above may result in the assessment of a civil penalty against your corporation. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G.S. 74-64). Other enforcement actions may include seeking an injunction or revoking your mining permit. The responsibility for understanding and complying with the conditions of your mining permit rests with you. Please do not hesitate to contact Mr. Floyd Williams, State Mining Specialist, at (919) 733-4574 or me at (919) 733-3833 regarding any questions you might have about this matter. VerX truly yours, /? James D. Simons, PG, PE JDS/jw cc: Mr. Floyd Williams, PG Mr. Matt Gantt, PE . NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary March 17, 2006 Mr. Brian North, PE /a Martin Marietta Aggregates Post Office Box 7446 Charlotte, North Carolina 28241 RE: Pomona Quarry Lower (Wash Water) Pond Guilford County State ID: GUILF-143 Dear Mr. North: This is to acknowledge receipt of the application dated March 12, 2006 for the repair of the subject darn: The application was received in the Land Quality Central Office on March 13, 2006, and a preliminary review has been done. To continue our review of the project, the following additional items, information, or revisions are requested: 1. Please have the responsible engineer sign and date the engineering seals affixed to -the application submittal_ 2. Please provide a discussion regarding any existing problems or deficiencies with the dam and how the proposed repairs and modifications will address those issues. 3. Provide analysis and commentary regarding the long -tern stability of the proposed alterations to the downstream slope of the dam.. . 4.. Please include.temporary vegetative stabilization specifications in casework is performed during a time of year that precludes adequate establishment of proposed permanent vegetation. 5. Regarding the proposed blanket drain: (a) Please comment if seepage is present on the downstream slope.. If so, provide commentary as to what volume of flow is expected for the proposed blanket drain system. -Are additional outlets needed? (b) Provide commentary as to whether the proposed 6-inch Schedule 40 PVC pipe can withstand the load it is subjected f to (approximate 25 feet of stone at the cross-section at boring B-3). (c) Is additional bedding needed to reduce the potential for puncturing of the proposed geotextile wrap? G. Please provide the geotechnical boring logs for the boring locations shown on Sheet I of 6 as well as any other readily available geotechnical analysis for the subject dam. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Mr. Brian North, PE March 17, 2006 Page 2 of 2 For the application to retain its position in the order of reviews, we must receive the additional items within 30 days of the date of this letter. Until additional material is received, this letter will serve as our response to the submission, and on receipt of additional material, the review will resume. Please contact Mr. Matthew Gantt, PE, Regional Engineer at telephone number (336) 771-5000, or a member of the Dam Safety Program staff in the Land Quality Central Office at telephone number (919) 733-4574 should you have questions concerning this matter. Sincerely, ' 14 W r William H. Denton, IV, EIT Assistant State Darn Safety Engineer cc: Dr. B. Dan Marks, III, PE, Schnabel Mr. Steve Tedder, Water Quality Regional Supervisor Mr. Matthew Gantt, PE, Land Quality Regional Engineer _ Mr. Floyd VVilliams.PG, Land Quality Mtmng r�ogranj A� NC®ENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist May 26, 2005 Mr. Dean Wiegand Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Flyrock Incident of May 19, 2005 Pomona Quarry Mining Permit No.41-05 Guilford County Dear Mr. Wiegand: Michael F. Easley, Governor William G. Ross Jr., Secretary This letter is in response to your flyrock investigation report dated May 23, 2005. The report indicated that the fiyrock at the above referenced mining operation was likely caused by the detonation of a misfired hole that had inadequate cover. After reviewing your report, your company is hereby approved to resume blasting activities at the above referenced site. Please be aware that this approval is contingent upon your company incorporating the recommendations outlined in your report and other recommendations into your blasting procedures at this mine site. These recommendations are as follows: 1) The guidance of the Explosives Department shall be solicited on any detected misfired hole(s) to insure adequate precautions will be taken in misfire shot design. 2) Additional cover shall be provided by use of screenings or other material to control the detonation when any misfired hole is detected. 3) A seismograph shall be used to monitor all shots, regardless of the size of the shot. 4) All blasting records and seismograph readings shall be submitted to this office for all future shots at this mine site until further notice from this office. Land Quality Section 919-733-45741 FAX: 919-733-2876 - Geological Survey Section 919-733-24231 FAX: 919-733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of Land Resourres 919-733-35331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nr:.usldlr.htrn An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled l 10% Post Consumer Paper Mr. Wiegand Page 2 Again, please note that the above recommendations will be considered part of the blasting conditions of Mining Permit No. 41-05. Please attach this letter and a copy of the above -mentioned letter and report to your mining permit for future reference. If you do not agree that your report constitutes a request by your company to modify your company's mining permit, you have the right to request a hearing pursuant to G.S.74- 57 to discuss this matter further. This office appreciates your company's cooperation in this matter. Furthermore,we are confident that your company will take all the necessary steps needed at this facility to prevent similar incidents from occurring in the future. V truly yours, Q ?Ja;me5s�D. Simons, PG, PE JDS/jw cc: Mr. Floyd R. Williams, PG Mr. Matt Gantt, PE A60� NC®ENiR North Carolina Department of Environment and Natural. Resources Division of Lard Resources James D, Simons, P,G., P.E. Director and State Geologist Land Quality Section February 3, 2005 Mr. Dean A. Wiegand Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Flyrock Incident of January 27, 2005 Pomona Quarry Mining Permit No. 41-05 Guilford County Dear Mr. Wiegand: Michael F. Easley, Governor William G. Ross Jr., Secretary This letter is in response to your letter and the accompanying flyrock investigation report prepared and dated February 2, 2005. The report indicated that the flyrock at the above referenced mining operation was likely caused by little or no relief from a deep trench, transitioning geology from decomposed granite to a competent hard granite and a higher than normal pounds of explosive per delay. After reviewing your report, your company is hereby approved to resume blasting activities at the above referenced site. Please be aware that this approval is contingent upon your company incorporating the recommendations outlined in your letter report into your blasting procedures at this mine site. These recommendations are as follows: 1) Solicit the help of the Explosives Department on the next few shots to insure all precautions are taken in shot design. 2) Increase the powder factor through the use of cartridge product, and/or ANFO, shortening bench heights and potentially utilizing a smaller diameter bole. 3) Provide additional relief of shots by mucking out in front of the shot and reducing the number of rows of holes. Your company shall be required to follow the above recommendations during the blasting operations for the Creek Relocation Project. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/ FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% post Consumer Paper Mr. Wiegand Page 2 This office appreciates your company's cooperation in this matter. Furthermore.we are confident that your company will take all the necessary steps needed at this facility to prevent similar incidents from occurring in the future. Ve truly yours es D. Simons, PG, PE JDSlw cc: Mr. Floyd R. Williams, PG Mr. Matt Gantt, PE �A NCDENR North Carolina Department of Environment and Natural. Resources Division of Land Resources James D. Simons, PG, PE Director and State Geologist CERTIFIED MAIL RETURN RECEIPT REQUESTED 7002-3150-0003-7053-8846 Michael F. Easley, Governor William G. Ross Jr., Secretary January 28, 2005 7002 3150 0003 7053 8846 NOTICE OF VIOLATIONS OF MINING PERMIT Mr. Dean Wiegand Martin Marietta Aggregates PO Box 30013 Raleigh, North Carolina 27622-0013 RE: Mining Permit No. 41-05 Pomona Quarry Guilford County Cape Fear River Basin Dear Mr, Wiegand: This is to inform you of violations of Mining Permit No. 41-05 issued to Martin Marietta Aggregates to operate the Pomona Quarry in Guilford County. On January 27, 2005, the Land Quality Section's Raleigh Central Office was notified by you of a fly rock incident that occurred at the above referenced mine on January 27, 2005 which resulted in rock being thrown outside your permitted area. In addition, you reported a high airblast reading of 138 dBL. Therefore, this incident constitutes violation of Operating Conditions Nos. 8C and 8G of Mining Permit No. 41- 05 which limits airblast levels and.governs the control of fly rock at this mine. Geological Survey • Land Quality - Geodetic Surrey Division of Land Resources - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 512 North Salisbury Street, Raleigh, North Carolina 27604 919-733-38331 FAX: 919-715-8801 1 Internet: www.dlr.enr. state.nc.usldlr.htm An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consurner Paper CERTIFIED MAIL Mr. Wiegand Page 2 The following actions must be taken to correct these violations A. Immediately cease further use of explosives at the Pomona Quarry. B. Submit in duplicate to the Department, within 10 days following your receipt of this Notice, a complete blast investigation report Said report shall contain, but not be limited to, the following: a) blast reports/records, b) a scaled map showing the exact location of the January 27, 2005 blast and the distances to and locations of the fly rock and offsite damage (if any), c) actions to be taken by your corporation to repair any damages, d) probable cause(s) of the fly rock, e) description of the blasting procedures employed at the time of the incident, and f) what changes will be made in procedures to ensure that fly rock will not exit the permitted and guarded area in the future. You will be notified if the above investigative report meets with the approval of the Department. Should the report not meet with Department approval, you will be notified of the deficiencies. _ Failure to take the corrective actions specified above may result in the assessment of a civil penalty against your corporation. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation (N.C.G-S. 74-64). Other enforcement actions may include seeking an injunction or revoking your mining permit. The responsibility for understanding and complying with the conditions of your mining permit rests with you. Please do not hesitate to contact Mr. Floyd Williams, State Mining Specialist, at (919) 733-4574 or me at (919) 733-3833 regarding any questions you might have about this matter. V ry truly yours, � /� ames D. Simons, PG, PE JDS/jw CC' Mr. Floyd Williams, PG Mr. Matt Gantt, PE Mr. Brian North, PE — Martin Marietta Aggregates MINING ROUTING SLIP JUDY W ® � II �a �fl5 II //{�]G/�fiLf � �/LY_I7_dHCJ C��� � Q_,./_L�L�I� Q_✓� � rho �t � G? Via_ —r --- ��I,w�aO j_IO_Q� Q,P�d /_2��1� � u? �,�oa� I _� /fig �/�... �� III _ J III I II I wJ .. J' i ' I r Blastin ®•The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or eased by the operator. A seismographic record including peak, particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as Blasting under Sections B. and D. of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitorinq: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the fallowing formulas: W = (D/Ds)2 Dg = D W+rz. V = 160(Ds)-1'8 Page 7 W = Maximum Jorge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). D, = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. r , ,. C,J,,, -,Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -Flat response 134 peak 2.0 Hz or lower -Flat response 133 peak 6.0 Hz or lower -Flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (11-13)n.2 P = 20 x log (U72.gx10-s) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). _ 0 Page 8 D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blastloverpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flvrock Prevention:' The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit- H. Flvrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 0 i Page 9 0 10. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. _ J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope along any pit expansions conducted after September 20, 1993. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last revised December 4, 2003. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering.