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HomeMy WebLinkAbout68-06_1_RedactedKra Energy. Minerg(8 Land Resources ENVIRONMENTAL QUALITY Mr. Jim Sprinkle Hanson Aggregates Southeast Inc. 2300 Gateway Centre Morrisville INC 27560 RE: Mining Permit No. 68-06 North Orange Quarry Orange County Dear Mr. Jim Sprinkle: December 7, 2017 ROY COOPER commor MICHAEL S. REGAN rerreary TRACY DAVIS OVeclar 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 Iowan 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 initialed 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 Wehner, Assistant Stale Mining Specialist, or me at (919) 707-9220. Sincerely, 7� S William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Stheal North aiolina I Eraironmerealgualxy I earyy. Mineral and Lund ReAtUnI 512 N. Salisbury Street 1 1612 Mail Service Center I Raleigh North Carohoa 27,609.I612 9197079200 A a 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 June 3, 2008 Mr.- Jim Sprinkle Hanson Awregates Southeast Inc. 2300 Gateway Centre Morrisvilie, North Carolina 27560 RE: Permit No. 68-06 North Orange Quarry Orange County Neuse River Basin Dear Mr. Sprinkle: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted acreage to 194.0 acres and the affected acreage at this site to 100,22. acres as indicated on the Permit Renewal Maps received by the land Quality Section on February 26, 2008 because of better mapping. A copy of the renewed and modified permit is enclosed. The new expiration date is June 3, 2018. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and aqz. rani tireri to incwire rmmnlinnra With Tha Uninn Art of 1 Q71 I wni drf like to Hraw uni it particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4B, 5A, 5C and 10B and Reclamation Condition No. 3. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 194.0 acres and the amount of land you are allowed to disturb is 100.22 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 OnnnAnniiv 4 Armativa Ariinn Fmnlnvar _ 5n?/ Rarvrlarll fin% Pnct Cnngumar Paner Mr. Jim Sprinkle June 3, 2008 Page Two Please review the renewed and modified permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, F Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures M. Mr. John Holley, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, 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: Hanson Aggregates Southeast Inc. North Orange Quarry Orange County - Permit No. 68-06 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: June 3, 2018 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 April 21, 1995: This permit has been modified to change the corporate name from Nell L Teer Company to Benchmark Carolina Aggregates Inc. March 21 1999: This permit has been modified to change the corporate name from Benchmark Carolina Aggregates Inc. to Hanson Aggregates Carolina Inc. March 19, 2002: This permit has been modified to change the corporate name from Hanson Aggregates Carolina Inc. to Hanson Aggregates Southeast Inc. Page 3 August 27, 2004: This permit has been modified to increase the permitted acreage at this site to 186.6 acres and the affected acreage at this site to 80.0 acres as indicated on the Mine Maps EC-1 and D-1 dated April 2004. The modification includes the addition of the Orange r..niinty pnrtinn of the (�arnpntar Trant to the permitted area, a new pond fines and strippings disposal area, associated road construction and associated sediment and erosion control measures. June 3, 2008: This permit has been modified to increase the permitted acreage to 194.0 acres and the affected acreage at this site to 100.22 acres as indicated on the Permit Renewal Maps received by the Land Quality Section on February 26, 2008 because of better mapping. Expiration Date This permit shall be effective from the date of its issuance until June 3, 2018. 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 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. The permanent access (plant entrance) road shall be paved from its junction with NC 57 to the office/scale house. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. Page 4 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 (minimum 50 foot undisturbed) hall be maintained between any a�F +.,F„d 1nnel and any arlinininn �n�aterwav or wetland to nrpvpnt cpdimpntnfinn of i icy ou 1c 11. " i.. u� �l J" J ] r 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 Permit Renewal Maps received by the Land Quality Section on February 26, 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. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Permit Renewal Maps received by the Land Quality Section on February 26, 2008 and supplemental information received by the Land Quality Section on February 26, 2008 and May 5, 2008. 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 A. The observation wells denoted on the Permit Renewal Maps received by the Land Quality Section on February 26, 2008 shall be monitored at least 30 days prior to initiating any excavations of consolidated material (rock) in the initial pit area to allow for the determination of pre-existing (static) groundwater levels. Page 5 B. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells (boreholes) shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock, whichever is deeper. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality. C. The observation wells shall be monitored once per week at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The weekly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be provided to the Department on or about the end of each quarter. Static water level monitoring frequency may be increased or decreased 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 L... +..� .d h r,.rr.+n+;� ^ n.-.tr.-.r ^r ^+kr nri�nllr+e er.-.e�i.-.n rr n+rnl moodIro ball UC. retained Uy VUVULQLIVG %..VVGi VI VLIIGI UUGLi UULI=+ C.IV01%J11 '-. 11Uvl 11 i�.ualai ., 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 restrail n sucll elosioll. B. Overburden cut slopes along the perimeter of any pit expansion conducted after March 26, 1998 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 March 26, 1998. 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 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: MMO 13 Q Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground rnotion shall not exceed Figure f (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. 100 SM:;z 'libf�UCn :n[a1CC Ly, H!, �; I L'fiJ � ii?fTl,p'7Vi? ,j1Uj:ii ir' If3'i of I ;/j; F„^ , 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/D,)' D,, = D Page 7 V = 160(Dg)-16 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 Icwer-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 (DAW0.33)-t.2 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). Page 8 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 shalt 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. 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: A thorough investigation as to the cause(s) of the incident shall be conducted. Page 9 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 he taken fn nrayanf fii irther inrident-, The report shall meet with r - ,- 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 after March 26, 1998. 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 Permit Renewal Maps received by the Land Quality Section on February 26, 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. As a minimum, white pines having a minimum height of four feet shall be planted on a six foot by six foot staggered spacing. Page 10 11 12 Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part or the mining, recla1114LIL„1, „rnQi,)n/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. 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. 2. 3. 4. 5. 6. on -site generated conveyor belts wire cables land clearing debris v-belts steel reinforced air hoses 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; r....�;�., +ham+ a minim,im of 4 feet of cover will be provided over the 1) ve illt..q LIVII LI IGiL a 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 �•-__n.. al-e Reclamation Dian is a on the continuing validity of that Mining Permit. Additionally, t� iG V\ pII IQ uv, 1 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. ?. 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 c+�+i„n anti 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 " the "r exCa ation to fill +.kith water, provide a permanent barricade shall be to avow the poor y �,.� u�u.,..,, (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 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. Reve etation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan approved by Mr. James Izzell, Geologist with Carolina Geological Services Inc. dated February 22, 2008. 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 February 5, 1988, modified April 21, 1995, renewed March 26, 1998 and modified March 21, 1999, March 19, 2002 and August 27, 2004, is hereby modified and renewed this 3Id day of June, 2008 pursuant to G.S. 74-52, L By: _ ;�� 'k — ,fames D. Simms, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources April 7, 2010 Ms. Judy Weiner NCDENR Land Quality Section 512 North Salisbury Street Archdale Building, Room 519 Rnleigh,NC 17604 ■O■ MEN °'Hanson HEIDELSERGCEMENTGMup 2310 Parklake Drive Suite 550 Atlanta, GA 30345 (770)491-2777 fax —(770) 491-2788 w nanson.com Rif $R—/IDS APR 13 7mn f [.PNN�fiWtl._7.Y;'_EC,f i9N RE: Delegation of Authority OF Signature Requirements All Hanson Aggregates Southeast, LLC Owned NC Mine Permitted Facilities Dear Ms. Wehner: Please be advised that Hanson Aggregates Southeast, LLC has undergone some management changes. As Vice President/Generul Manager for the Hanson Aggregates Southeast area, I hereby delegate the authority or any signature requirements for the NC Mine Permitted facilities to David Morgan, Operations Manager of the NC area. The authority applies to the following NC sites: NC Mine Permit Mine Name New Company Name Company Official 51-38 Huckleberry Sand Mine Hanson Aggregates Southeast, LLC David Morgan 43-21 Cape Fear Sand & Gravel Mine Hanson Aggregates Southeast,. LLC David Morgan 92-03 Crabtree Quarry Hanson Aggregates Southeast, LLC David Morgan 32-01 Durham Sales Yard Hanson Aggregates Southeast, LLC David Morgan 43-03 Elliott Sand & Gravel Mine Hanson AggreLates Southeast, LLC David Morgan 98-13 Elm City Quarry Hanson Aggregates Southeast, LLC David Morgan 43-08 1 Gardner Quarry Hanson Aggregates Southeast, LLC David Morgan 96-50 1 Goldsboro Sand Mine Hanson Aggregates Southeast, LLC David Morgan 92-13 Holly Springs ua Hanson Aggregates Southeast, LLC David Morgan 29-13 Lexington Quarry Hanson Aggregates Southeast, LLC David Morgan 98-02 Neverson Quarry Hanson Aggregates Southeast, LLC David Morgan 51-05 Princeton Quarry Hanson Aggregates Southeast, LLC David Morgan 92-02 Raleigh, North Quarry Hanson Aggregates Southeast, LLC David Morgan 33-13 Rocky Mount Quarry Hanson Aggregates Southeast, LLC David Morgan 32-07 Rou emont—N. Durham Co. Quarry Hanson Aggregates Southeast, LLC David Morgan 68-06 Rau emont—N. Orange Co. Quarry Hanson Aggregates Southeast, LLC David Morgan 43-01 Seater Sand & Gravel Mine Hanson A ire ates Southeast, LLC David Morgan 26-01 Vander Sand &Gravel Mine Hanson Aeare ales Southeast, LLC David Morgan We would appreciate it if you would please amend your records to reflect this change. Should you have any questions or need additional information, please contact me at (336) 398-1262. Sincerely,.-•-� kris Ward Vice President/General Manager Cc: David Morgan, NC Operations Manager Jack Garvey, Environmental Manager NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary October 26, 2009 CERTIFIED MAIL RTRI�^,lrTRTEVV r[El.Er- EOVESED 7008 1300 0000 1123 8336 Mr. James Sprinkle Hanson Aggregates Southeast, Inc. 2300 Gateway Centre Boulevard Morrisville, North Carolina 27560 RE: Mining Permit Nos. 26-01, 29-13, 32-01, 32-07, 33-13, 43-01, 43-03. 43-08, 43-21, 51- 05, 51-38, 68-06, 92-02, 92-03, 92-13, 96-50, 98-02, 98-13 Cumberland, Davidson, Durham, Wayne, and Wilson Counties Cape Fear, Neuse, Tar -Pamlico, Dear Mr. Sprinkle: Edgecombe, Harnett, Johnston, Orange, Wake, and Yadkin -Pee Dee River Basins Your request to have the corporate name changed on the above referenced mining permits from Hanson Aggregates Southeast, Inc. to Hanson Aggregates Southeast, LLC is hereby approved. As we have received the required surety in an amount sufficient to cover LIIGJG operpUVIIJ, I alll e1141UJ![ll�. new YY l.oVel JIiGG LJ IUI each Ut.lUaLOU I11111111 Ig peril IIJ. I IIC permit numbers, expiration dates and mine names 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. I have also enclosed the old reclamation bond for your disposal. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Intemet:httpahvww.dlr.enr.state.nc.uslpagesl andqualitysection.html An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paoer Certified Mail Mr. Sprinkle 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) 733-4574. Sincerely, , � 14 Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/ar Enclosures: Cover sheets Seaboard Surety Company Bond No. 384401 cc: Mr. Steve Cook Mr. Matt Gantt, PE Mr. John Holley, PE Mr. Pat McClain, 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 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: Hanson Aggregates Southeast, LLC North Orange Quarry Orange County - Permit No. 68-46 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: .tune 3, 2018 Rodgers, Ashle From: Holley, John Sent: Tuesday, October 13, 2009 11:57 AM To: Rodgers, Ashley Cc: Davis, Tracy Subject: Hanson Agg. SE, LLC Corp. Name Changes (Transfers), 32-01, 32-07, 33-13, 51-05, 51-38, 68-06, 92-02, 92-03, 92-13, 98-02, 98-13 (Suspense Date 10119109) I have reviewed the subject transfer proposals, and find that the entry agreements and other paperwork appear to be in order. In that appropriate fees have been paid and I know of no other reason to deny their request, I recommend that we accept there proposal and approve the applications. If there are any questions, please advise. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. Please note my email address has changed to John. Hol IevCdncdem.gov MINING CHECKLI5T FOR ROU-nNG Applicant's Name: Project Name: OL11 prx3i-fcJS .JU- ot, a9- 13, 3�—[�I, 3�Z-0-A, 3o St-, %-QC. 43 - ° }) AppiicJPermit No : 33-l3 County: Date Ref eivecf: q D y 43-03 q3-0q, `13,'}' Reviewer: River Basin Name: P cod-or) to 1-b �.a, .. _ _r - 0 New r Renewal C3 Modification (inside permit boundaries) 17 Modification (outside permit boundaries) Transfer ❑ Release 0 Partial Release Di Additional information u fee NeeaaW: $ AFee Received: $ a= o Please rocrt� entire ar�viication parka_ � �n��-So.La.n, y W ash+ i ngi�,-, 120,1,0-i 21, iornal Office (2 compietc copies: attach the "l.QS Rztgional Office Mining Application Review Checklist" to one, copy and attach tath the DWQ and DAQ "Mining Application review form" to the other copy; send 50-,,h.c0tape RegionalEngineer) Date: Routed Reed Division of Water Resourwe Date: Routed Reed :3 NC Wildlife Resources Commission Date: Routed Reed U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and rnociifzcation requests that add land to the permit) �" �• 1.- IMF -&•j : .ri • iF-TM 00T,1 4 rou &i.• _• N G-1Wol.,r,;,-af Sr�r..vv ��Jon r) RnLrt, ,- RC.G'd �v vvvw�u+rw. v ..J (only new applica c'mr, and modifcation requests that add land to the permit) Division of Archives & History Date: Routed Reed (Only new applications) Other. Date: Routed Reed "5uopenee Date for Comments: 1 b I I JC1 I Jpq (no later than 25 days from receipt) D Please note the following: Nt'_wom t, &a-Ola - cat�aR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT c.OPI� AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine (Rougemono N. Orange County Quarry County Durham River Basin Neuse River Latitude (dd.mm.ss) 36,2231 Longitude 78.9601 2. Name of Applicant* Hanson Aggregates Southeast, LLC 3. Permanent Address for receipt of official mail** 2300 Gateway Centre Blvd., Morrisville, NC 27560 Telephone (919) 380-2610 4. Mine Office Address 1423 Bacon Road, Rougemont, NC 27572 Telephone (919)479-5000 5. Mine Manager Thomas Smith 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 ( JYs.. �JJ,/u,- Datea; r Print Name James Sprinkle Title General Manager * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation band (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 completc_Attach-additional sheets as needed.C� SEP 2 42099 2 Udw fiJhUTY SECJ 1113N ti 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 Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries oil 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 nurmiant to G-S_ 74-59_ I------------ -- - --- - -- - LANDOWNER: Signature: Print Name: _ James Sprinkle Address: 2300 Gateway Centre Blvd. Morrisville, NC_27560-962G Telephone: (919) 380-2610 APPLICANT: 00 Signature:* �•�- Print Name: __James Sprinkle Title: General Manager Company: Hanson Aggregates Southeast, LLC Mine Name: (Rougemont) N. Orange County Quarry *Signature must be the same as the individual who signed Page I of this application. Six 6 copies of the completed application, six 6 copies of all location maps, mine maps and reclamation maps, and the appropriate processing fee (see next Page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality 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. I Lehigh Hanson Lehigh Hanson Inc. Hr.io.L.e.creMElFUl..,,, 8505 Freeport Parkway Irving, TX 75063 .. i, - YwMer,Name'(')^". V,w Veikor Numtiei " '{ t.;k_j[;Iiidi OaEi ::� "Cliirk NumEer,.- NCDENR-IAND QUALITY 1607576 09021/2009 I 20648805 Ihvolee.Dati"' ,Involee�Numbdr, ;�;.i Ramarks,"_ ;».Gioss'AmouM? $$ Dludunt- Net"AmodM} 09/1112009 MININGPERMLT2009 i 1A00.00 i I I I 180000 I i JcP 2,1 7011� IJfI 'ages of TOTALS-�§180000�$000;—� §7800'00` Lehigh Hanson 'DATE CHECK NO. ioaumec[menrGao Bank or America, NA oallac, ix 75201 filI fq 09212009 2DS48805 Lehigh Hanson Inc. ffreapo" n'e u... Indng,TX 75063 , t1 - AMOUNT el PAY ONE THOUSAND EIGHT HUNDRED AND ' $00""19800.00 Void after 180 days .Ip" I �— TOTHE. ._NCDENR-LAND QUALITY /• N. .ye•/ ORDER OF 1 _ f� MINING CHECKLI5T FOR ROUTING Applicant's Name: Am V;> Qn ., a Project Name: //n, /VP /lei a, /1 o� ApplicJPermit No: h14-1 L, County. nnnmrs i Date Received: ISIoo Reviewer. l IIALf1... i River Basin Name: , Ae Al . ❑ New 10,Renewal 0 Modification (inside permit boundaries) ❑ Modification (outside pe i it boundaries) ❑ Transfer 0 Release ❑ Partial Release /5 Additional Information O Fee Needed: $ ❑ Fee Received: $ PledJaase/n� route entire application packaae to, g Regional Office (2 complete copies: attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach Lath the DWQ and PAO "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Date: Routed 2dI lfij Reed 0 Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd 0 U5 Fish & Wildlife Service Date: Routed Rec'd _ (Only new applications and modification requests that add land to the permit) Please route first?, pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Reed _ ❑ NC Geological Survey Section Date. Routed Rec'd _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed _ (Only new applications) ❑ Other. Date: Routed Reed 9*5u5penoo Date for Corrirnent5: �3?1,x (no later than 25 days 1 from receipt) 3 D ❑ Please note the following: �1 BDB ONE °'Hanson HEIDELBERGGEMENTGroup LE Hanson Aggregates Mideast Md 2, 2008 y Southeast Area N North Carolina Territory Office 2300 Gateway Centre Boulevadl Morrisville, NC 27560-9626 Tel 919 380 2610 Fax 919 380 2616 wwwhanson corn Ms. Judith Werner NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 Subject: North Orange Quarry (Rougemont), Permit # 68-06, Renewal Dear Ms. Wenner; I am writing in response to your letter of March 26 in which you requested additional information for the review of the above referenced permit renewal application. It appears that the primary concern in your review of this application is the discrepancy in permitted and disturbed acreage between the current permit and the renewal. The current permitted and disturbed acreage was based on mapping and measurements from the original design of the site in the late 1980's. The measurement of the permitted and affected acreage at that time was completed using comparatively antiquated techniques. With this renewal request, we have updated the Mine Map using computer -generated mapping. We have not changed any of the existing or proposed areas to be affected, but have simply transferred the existing information onto the new maps. The Permitted Acreage of 194.0, and the Affected Acreage of 100.22 acres is an accurately calculated measurement using our best available technology. At your request, new Land Entry Agreements have been signed and are enclosed. We trust that this information will allow you to complete your review of this renewal request. If you have any further questions, please contact us. 72- RobertSnyder Environmental Manager Encl: Land Entry Agreement, cc: Thomas Smith, L/H Rougemont David Morgan, L/H Morrisville Jack Garvey, L/H Pleasant Garden APPLICATION FOR A It•IININ•PERMIT • G. LAND ENTRY AGREEMENT We hereby @rarer 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 masonabiv required in the administration of the Mining Act of 197i pursuant to G.S. 74-56. We further gram[ to the Department or its appointed renresentatves the right to make whatever entries on the land as rosy he reaonably necessary and to take whateveractions as rnav 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 m G.S. 74-59. LANDOWNER: APPLICANT: Signature: V.J Signature:P /lw. II r'� Print Name:[/ /,/G..✓ _ _ r••S Print Name: Vi (Title, if appliea le) ' Company Title: - N% (if applicable) Address: 7r(% /J L+na•w.. /f� Company: %%/w.i/�. 4 L[�a!+r.T d�rhJKGt.[ %4c �'�j•.�-1 , /�•—i/---� 767 Mine Name: Ro�Y#R.r�a,JTj _y0.rr�. VT Telephone: (94) '7 7.;z — 21 496 Telephone: ( 9/9) 3W -0(o70 Date Signed:% —aBfl vl� Date Signed: 4�22�08 'Signature must be the same as the individual who signed Page 1 of this application. One orhairal and five I51 conies of the comuleted aonhcation. six (61 rubes of all Incatian mans. mine mans and reclamation mac and the appropriate rocessiag foe (see nest page for fee schednte) in the form of check ar money order payable to the Notch Carorna Department of Environment and Natural Resources must he sent to tite Land (ualih• 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 dL-cetcd to the Mining Program stall at (919) 733-4574. Its • • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT owy l. 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 tarty out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 7459. LANDOWNER: Signature: Print Name: (Title, if applicable) APPLICANT: Signature: �� '" i Print Name: Company a �� o. (If applicaAe-"-V- Address: ZZoo tru �Jl: r r — :.l5 • . 12fai ASVl6Lc— .0 JVC Z1576(n Telephone: l9/9) 3B'O, —z4/O Date Signed: ¢/Z'Z1dR Mine Name: A&ser# ORANGE L6riLI,PR.V «ouCj6WAN7— QUAx2�5 Telephone: ( 9iq ) 38'O — 210 (O Date Signed: 4122/08 *Signature must be the same as the individual who signed Page 1 of this application. or money r sent to the form. rrtment of Environment and Natural Resources must be the address listed on the front cover of this application Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. Is - 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 26, 2008 Certified Mail Return Receipt Requested 7002 3150 0003 7044 5564 Mr. Rob Snyder Hanson Aggregates Southeast Inc. 2300 Gateway Centre Morrisville, North Carolina 27560 RE: North Orange Quarry (Rougemont Quarry) Mining Permit No. 68-06 Orange County Neuse River Basin Dear Mr. Snyder: Michael F. Easley, Governor William G. Ross Jr,, Secretary We have reviewed the renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Currently your company has 185.6 acres permitted. The renewal application states that 194.0 acres is permitted. Please explain the discrepancy. 2. Currently there is 80.0 acres permitted to be affected. The affected acreage for the renewal is 100.22 acres. It appears that your company has added future process, stockpile settling pond, surplus storage and waste areas. A modification request must be submitted to include these changes, including the necessary sediment and erosion control measures. If it is not your intention to add these areas, the must be removed from the plans and an explanation must be provided for the affected acreage discrepancy. 3. Land Entry Agreements must be submitted for Hanson owned land and the leased land that includes signatures of the lessors. 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% Post Consumer Paper r] Certified Mail Mr. Snyder Page Two 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: 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 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 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) 733-4574 if you have any questions. Sincerely, [� �ne 4�Judith AWehr Assistant State Mining Specialist Land Quality Section CC: Notice form cc: Mr. Jahn Holley, PE North Carolina Wildlife Resources Commission q MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section FROM: Shari L. Bryant, Piedmom Region Coordinator J. Habitat Conservation Program DATE: 18 March 2008 SUBJECT: Mining Permit Renewal for Hanson Aggregates, North Orange Quarry (Rougemont Quarry) — Permit No. 68-06, Orange County, North Carolina Biologists with the North Carolina Wildlife Resources Commission (NC WRC) have reviewed the subject permit application request. Our comments arc 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 of their permit to mine crushed stone and metavolcanics. The total permitted area is 194 acres. The operation occasionally discharges stormwater and/or groundwater. A minimum 50-foot undisturbed buffer will be maintained between mining activities and natural water courses or wetlands on the site. Final reclamation includes allowing the mining area to fill with water. Ponds will be reclaimed by removing sift and m-vegetating. Buffalo Creek and unnamed tributaries to Buffalo Creek flow within the site boundaries. These streams are tributaries to North Fork Little River in the Meuse River Basin. There are records for the federal species of concern and state endangered Atlantic pigtoe (Fusconaia mason!) and yellow lampmussel (Lampsilis cariosa); the federal species of concern and state significantly rare pinewoods shiner (Lythruras matutinus) and Roanoke bass (dmblopl(tes cavifrons); the state threatened Eastern lampmussel (Lampsilis radiata), Carolina fatmucket (Lampsilis radiata conspicua) and creeper (Strophitus undulams); and the state special concern notched rainbow (Villosa constricia) in North Fork Little River. We offer the following recommendations to reduce impacts to aquatic and terrestrial wildlife resources. To reduce stream impacts, while retaining some measure of wildlife habitat, we recommend a 100-foot undisturbed, native, forested buffer along perennial streams, and a 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 Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center , Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 b-d 929L'961r'9EE OueFig rje45 ees:B0 B0 B[ Jew Page 2 18 March 2008 North Orange Quarry Permit No. 68-06 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 NPDF.S permit requirements. In particular, turbidity of the discharge should be maintained at or below the permit requirement. High water discharge rates ail 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. 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 so! I 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 review and comment on this permit renewal. If we can be of further assistance, please contact our office at (336) 449-7625. cc: Jim Sprinkle, Hanson Aggregates ec: Rob Nichols, WRC Corey Oakley, WRC S-d S29L'84b'9EE auepia ljey5 vas:B0 80 of Jew 0 Iim, [T• • IWE Michael F. Easley, Governor NCDENR Department of Environment and Division of Water Resources March 12, 2008 MEMORANDUM 10. FROM: SUBJI?CT: Brenda M. Harris Land Quality Section Natural Resources William G. Ross Jr., Secretary John Morris, Director RECEIVED John Barr /fW MAR 12 2008 Ground Water Management Section �b41.iTY rl--;n.-- of ��7n 4nr Qnnn.e '— VIY1J1V11 Vl VV"L.1 L\\ODUL4l3 MUMPROGRW Comments on the Mining Permit Modification Request for: Hanson Aggregates North Orange Quarry Orange County Please find attached a copy of the mining permit modification request for the above referenced project. The North Orange Quarry located in Orange County does not appear to have an unduly adverse effect on ground water supplies. The Division of Water Resources would like to see a continuation of regular water level checks and notification if there are any negative effects on water levels so that it may further investigate. Also, pumping rates were omitted from the modification request. If the mine starts to withdraw 100,000 gpd of water they will need to register their withdrawals. 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. 143-215.221-1. 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. 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 27699-161 1. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One D1, ,.,�,• 010 711 �OaA 1 CAV• 010 711 ']rFQ 1 1nF.,rn.,�• ,Fr r r �Yt%rf-6C-i �l;n•.s 1 11onC JI.T��7V'�V V� 411R/". .71J'�JJ'VV VV 41111G11iGl. YY VY VY.114,Y4QSGI.VIg 1\VLI.[i /[.[L V1111U An Equal Opportunity 1 Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Naturally r� NCDENR North Carolina Department of Environment and Natura Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. February 28, 2008 Director and State Geologist Y MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group n; ..x rnr..a . n ulvlslon VI VVater Resources FROM: Brenda M. Harri ;::i�� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Hanson Aggregates North Orange Quarry Orange County Resources Michael F. Easley, Governor William G. Ross Jr., Secretary 0 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 March 21, 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` Flo Attachments i cc: Mr. John Halley MAR 3 2008 DMSION 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 MINING CHECKLIST FOR ROUTING !�,., Applicant's Name: n » Project Name: Applic./Permit No.: LV.L_ ounty: i)nnn rlJ Date Received: Revewernl W' River basin Name•. ❑ New renewal ❑ Modification (inside permit boundaries) ❑Modification (outside permitboundariee) []Transfer ❑Release ❑ Partial Release ❑ Additional Information 0 Fee Needed: $ ❑ Fee Received: $ Plra r. roirtr. rn jrr. ap li a ion narkage to: �X ill, i)r ! Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach bath the DWQ and DAQ "Mining Application Review Form" to the other copy. send both copies to theiReg6rial engineer) Date: Routed .2j r : : Rec d ❑ Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reed 0 U5 Fish & Wildlife 5ervice Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pagles of the application and any location map5 to- 0 Division of Parke & Recreation Date: Routed Reed _ 0 NC Geological Survey 5ection Date: Routed Rec'd _ (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed _ (Only new applications) GM07=7C1 Date: Routed Redd "Su5pen5e Date for Comments: FK B -ec (no later than 25 day5 from receipt) 0 Please note the following: ;y Hanson Agates O 'Hanson 8505 Freeport Parkway Irving, TX 75063 i Vandorshanie"" en2arvNumpir G7ekD5U''�""a9 L�zk NumEer.-' I NCDENR-LAND QUALITY 1607576 03/05/2008 20444184 Fee �3z-07 68—o6 Page 1 of l .. TOTALS CEIVED iR 112muOB •aa u�+,�`-14 ;pj f.1 ens, d M "✓.1 s.i "`'-'tS DATE i 'CHECK NO`'.�+re ��� ^+"'"%i+-h_ wool" JPMdgan Chasegank NA! y"�'q, ,may bjs .':' �"}''." 03I0512008 20444184 zf X0 sr�ze. xvtsxoa oc39' ra va f. NEIGEEJEERGCEMENT4 up Hanson Aggregates 8505 Freeport Parkway Irving, TX 75063 0 zv= AMOUNT „PAY TWO THOUSAND AND 00/100";"' S""'23000.00 Void after 180 days TO E .✓ QUALITY A/I�.'�1-fin NCDENR-LAND ORDER OF y u .. ,. .. 1n) �C. a.+µioll ` „-'^'=' ' (� Au1R kued 51042Nma WHINIA1 2 /^Lltr/`YI ICT FUN NLJ I I111U IvlIIV IIVV Vri GIJI�LIJ 1 rVl� IIVV I IIVV Applicant's Name: 4brob1o+lA,.",4ze Project Name: APIZA?I r2 i rur II 1 0 Applic./Permit No.:69bb County. Date Deceived: Reviewer. ( .II). `. River baoin Name: 6441.41 0 New GYRenewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑ Partial Release ❑ Additional Information NLZFee Needed: $ ItInn"d ❑ Fee Received: $ Please route entire application package `to: �7 Ira/�nN, Regional Office (2 complete copies: attach the%LQS.P.egional Office Mining/Application Review Checklist" to one copy and attach bnth6a DWO and PAO "Mining Application Review Form" to the other copy; send both copies to tKv;Ra io I'En'gi"r l� Date: Routed a .c�nPee'd Z Division of Water Resources Date: Routed Reed Wildlife Resources Commission Date: Routed Reed 02.NC ❑ U5 Fish & Wildlife 5ervice W Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 paagp_.s of the application and any location Inapt; D Division of Parks & Recreation Date: Routed Rec'd _ ❑ NC Geological Survey Section Date: Routed Rec'el _ (Only new applications and modification requesu that add land to the permit) ❑ Division of Archives & History ✓ Date_: P.ou_ ted_ Rec'd _ (Only new applications) ❑Other. Date: Routed Rec'd M. I ) nl uwq "`5u5pense Date for Gommento.,11 al I n � (no laterli an 25 days from receipt) I 3 3�.aa 1 (00� ❑ Please mate the following: A � 1 'q ` • • NC®ENR. North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. February 28, 2008 Director and State Geologist rY nnF�nORAND{ inn TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Hanson Aggregates North Orange Quarry Orange County Michael F. Easley, Govemor William G. Ross Jr., Secretary I A 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 March 21, 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 cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NC®ENR 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 February 28, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator WilrilifP RPsniirr.Ps Cinmmissinn FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for Hanson Aggregates North Orange Quarry Orange 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 March 21, 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. Hr%ierc�rnr ant, comments hour agency cnn nrnviric rnnnrriinn nfferric on tarilr�lifn nnr4 11Vvv4v V1, 4117 VV111111V11�y rVu1 uy V11 Vr VC 11 N1 VVIVlr 1yy 41 Vllly V11VVlJ V11 vv11V111 G 11\ 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. Il MNI Attachments cc: Mr. John Holley 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 North Carolina James D. Simons, P.G., P.E. Director and State Geologist MEMORANDUM L� a NC®ENR Department of Environment and Natural Resources Division of Land Resources Land Quality Section February 28, 2008 RE: Mining Permit Renewal for Hanson Aggregates North Orange Quarry Orange County Dear Mr. Smith: Michael F. Easley, Governor William G. Ross Jr., Secretary We are in receipt of your mining permit renewal North Orange Quarry, Orange County We regret that we cannot complete processing the above materials until we have received the necessary fee as set forth in the fee schedule adopted by the 2007 General Assembly in G.S. 74-54.1.(a). We will continue processing the paperwork but cannot complete the application process until this office has received the appropriate fee. Please remit by check or money order $1,000.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Judy Wehner Assistant Mining Specialist Land Quality Section NC Department of Environment & Natural Resources 1.612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at (919) 733-4574. Thank you for your cooperation. Sincerely, Brenda M. Harris Land Quality Section I11►Til:l 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • 1*1111-i NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ME 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised: Decembu[ 10, 2007 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) I. Name of Mine North Orange Guam (pemdt k 68-06) County Orange River Basin Buse Latitude (decimal degrees to four places) 78.9601 Longitude (decimal degrees to four places) 36,2231 2. Name of Applicant* Hanson Aggregates Southeast. Inc 3. permanent address for receipt of official mail** 2300 Gateway Centre Telephone ( ) 919-380-2746 Alternate No. ( ) 4. Mine Office Address PO Box 70. Rougemom. NC 27570 Telephone 5. Mine 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. , - / ***SignjNaQ!, nary 4464h Print /!jV,4 TitlehnArtsiltl. II�e 7 * 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 nrovides that the Department Shall grant nr deny an application for a permit within 60 days of receipt of a complete application or, if a publ c 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 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: X 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.: 68-06 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 194 n Tf thic is an annliratinn fnr a Mf171t1 td-AT1nN to a mininn nnrmit ;wCe-ato tho minin" nPrmit LJ �. .... ... .... ut.j...v..a . .... i.a...__ — . . ., .v u ..0 .b }.v. ....., ...a+ ...v .........b Yv. ..,.. number and the total (overall) acreage coverea Sy the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? iI r� f 1 .1 , ., , . . ., ,•M ,., Y es L_J No U. tr yes, indicate the acreage to fie covered by this modification ktms 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 ❑ . 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 coverea 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: crushed stone 1 metavolcanics 3. Mining method: Hydraulic Dredge X Front-end Loader & Truck X Shovel & Truck Dragline & Truck ❑ Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 380 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)_ natural ground level b. Expected average depth of mine (feet) 380 -2- APPLICATION FOR A MINING PERMIT • 5. Has any area(s) at this site been mined in the past? Yes X No ❑ If yes, when and by whom was this activity conducted? by applicant, permit #68-06 6. Number of years for which the permit is requested (10 years maximum): 10 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 o 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: 1612 Mail Service Center OR Raleigh, North Carolina 27699-1612 (919) 733-2423 www.geology. enr. state. nc. us/ Physical Address: 512 North Salisbury Street, 5`h 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.orp-/it/gisContact/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. gg 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 MINI 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 +—+o qA;- �:nn 4 non +—+o 4 —+ — ..A; 1 nnn Ara+ CA— + t ...a.. -+ t... LIUi LO U1 JMLIILLlr, u1V4V L1LiVL0, "1"], RLV wll11111 J,Vmv MUL 01 L.111, 111111131ff, 1Jb11111L uvu1x1a1y, ILIUM uc 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. 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) -4- APPLICATION FOR A MINING 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 jllllll[Ll LV Lll4 lViiV 1'�lll� Yt 1lF Ve GLVVVtJ�GLV ice., CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds ,EX, Stockpiles { , ZZ Wastepiles Z1.67 Processing Area/Haul Roads •GS 5. C Mine Excavation t4Z.,z Other (Explain) 0 Total Disturbed Acreage 100l ZZ 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 FOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINA PERNIIT C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the ael/!G Illille 110"YSJ,. 11LLUV1l "L UIL1VL1LL1 Jl1V VLJ "0 [i Lie%iliG iV 11VVYVU. This mine is already developed and operating under existing permits. Please note that this mine is adjacent to the "North Durham Quarry, permit #32-07", and these sites are operated as a single mine. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include ,specifrc plans for sediment and erosion control far mine excavation(,), waste piles, access/mine roadv and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine 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. All required Sediment & Erosion Control structures are built according to previously approved plans. A copy of the Sediment and Erosion Control plan is attached to the overall site plan. All design details and calculations are also included or previously submitted for reference. During the life of the mine, any cleared land not being utilized in the mining operation will be seeded to prevent erosion. Within the affected area of the mine; a series of diversion ditches are maintained to channel all runnoff water to settling ponds, sediment basins, or into the mining area. Prior to any earthwork activities in any given area, the erosion control structures designed for that area will be established and tied into any previously built erosion control devices. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No ❑. If yes, briefly describe all such processes including any chemicals to be used. The current mining operation utilizes a crushing plant and recycle ponds located on the "North Durham Quarry" mine, permit #32-07, however, future development may include processing of material on this site. Crushed stone will be washed with fresh water. This water will be recycled through a series of settling ponds. No chemicals will be used, and this water will not be discharged. 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 x 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). Stormwater and/or groundwater will occasionally be discharged as necessary through permitted discharge points. -6- APPLICATION FOR A MMM PERMIT Will any part of the proposed mine excavation(s) extend below the water table? Yes X No ❑. If yes, do you intend to dewater the excavation(s)? Yes X No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in . ,11 ..,� .. a....• r.,,., .. ,.rr . r;�n,., r rl.., .,, .,� 1 ►L. 0 r; , ,.,:rt,;" c"' Nor uay. Lwurc urr cxiorrn6 rvaero vrr rrw rrriirc riraE��a� trout sic, •rnnur S00 feet of the pro,posed excavation area. Provide data to support any conclusions or statements made, including any momtoring 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. This mine has been in operation for nearly 20 years, and there has been no known impact on neighboring wells. 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. General NPDES permit #NCG020235 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X 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. NC n1F..NR Air nivoity Permit 061U b. How will dust from stockpiles, haul roads, etc., be controlled? Wet suppression system on crushing and screening plant. Haul roads and other areas receive periodic spray -down with water as necessary. -7- APPLICATION FOR A MINAPERMIT 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 ;+1.;— +11c 1..,1x .-...t, .+�..o..o«\ mb,:«.n+Lion 0,r+f— +-- A---- 7;.,...,«, ,., *I a .:a � ., ,..A;+:.,... AT..+e `v'v l Lill ll Lll{.. VUIL%, wl laLJL/V T%,l J) LJr a VVlllVlllQLl Vl1 Vi Lll{.. LWIl, UVrIL.l1u11lYU. tAF%lil Ll1L� SILL; conUltIons• L 4VLL� 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 au duffer locations and widths on the mine map(s). As shown on mine map. 200+ feet buffer between mining and adjoining properties, 400+ feet buffer between mining and NC Hwy. 57. 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 may be needed. How wide an undisturbed buffer will be maintained between any land disturbin,& activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locationv and widths on the mine map(s). A minimum 50 foot undisturbed buffer will be maintained between any wetland or watercourse. A small area of wetland was previously permitted by the US Army Corps of Engineers for mining. b. 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 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. Buffers and slopes as shown on the mine plan and as required in existing Mining Permit are sufficient to prevent landslides and slope instability. -8- APPLICATION FOR A MINA PERMIT • b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slopegradient, installation of any benches and/or slope drains (with supporting design information) ifsneeded, and the method of final stabilization. Shown in Mine Plans c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections Jor all cut slopes must be provided on the mine map(s). Unconsolidated material shall be graded to 2:1 slopes or flatter 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. Bench width: 15 feet Bench height: 35 feet Bench face slope: 0.25:1 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwellingg house, public road, public, commercial or industrial building from any mine excavation. Locate all swch structures on the mine map if they are within 300 feet of any proposed excavation. No mining will be conducted within 300 feet of any neighboring house, public road, or building. All blasting is monitored according to current permit requirements (Operating Condition 8). S. 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 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). As described in Operating Condition #9 of existing Mining Permit. Oversized rock and/or vegetated berms as well as a minimum 10 foot horizontal safety bench will prevent inadvertent public access. APPLICATION FOR A MA PERMIT 9. Are acid producing minerals or soils present? Yes ❑ No X. 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 map(a) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for free plantings. Existing vegetation within the undisturbed buffer is sufficient to visually screen the site from _public view. In addition, vegetated berms as shown on the site plans will constructed as necessary. 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? No 11. Will explosives be used? Yes X No M. 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 offvite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. ANFO or similar type of explosive material. Each blast is monitored for air blast and ground vibration as described in Operating Condition # S in existing Mining Permit. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes X No D. If yes, describe these materials, how they will he stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). Various fuels, lubricants, and solvents are stored and utilized onsite. Secondary containment is provided for all such containers, regulated by the NPDES permit. -10- • Is APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 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 be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Reclamation of rained or disturbed land is ongoing as part of the active mine plan. As areas are disturbed, revegetation will follow the approved revegetation plan. The mining area will be allowed to fill with water. Ponds will be reclaimed by first removing silt, then establishing vegetation as necessary. Refer to the "Reclamation Plan" for additional details. v = L. is an excavated or impounded body or water to be lea as a part oI the reclamation! Yes A No U. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(a) 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 X. If yes, specify species. 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 15 foot wide safety bench will be left for each 35 feet of bench height in all rock excavation. A permanent fence will be erected around the pit to prevent unauthorized entry. Warning signs will be posted at regular intervals. APPLICATION FOR A MWA PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site nine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. As overburden and mine waste is placed in the designated waste area, it is spread and compacted by earth -moving equipment. Slopes will be graded to 2:1 or flatter and revegetated. Final reclamation of the waste areas will include top and slope dressing and revegetation as necessary. Refer to "Reclamation Plan" for further details. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. 1. Plant and Stockpiles will be removed. 2. Plant Area, Stockpile Area, and any roads not utilized in end -use development will be scarified and revegetated. b. Will any on -site roadways be left as part of the reclamation? Yes X No . I{yes, identify such roadways on the reclamation map and provide details on permanent road and ditch me stabilization. 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 prior 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 be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in .said areas. All such waste is removed from site periodically. -12- . • i APPLICATION FOR A MINING PERMIT T 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 ofForest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; gg 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): 1 ton/acre or follow recommendations from a soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 1000 lbs./acre 8-8-8 or 10-10-10, or follow recommendations from a soil test SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: Korean Lespedeza February 15-April 1 10 slb /acre Fescue 40 " Redtop 1 lb. / acre Winter Rye (grain) 15 lbs / acre Common Bennuda April 1 - July 31 50 lbs / acre Lespedeza (unscarified) August I - October 25 30 lbs. / acre German Milhet 40 lbs. / acre Rye (grain -temporary) October 25-February 15 120 lbs. / acre MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: All seeded areas shall be mulched using small grain straw at a rate of 2000 lhs. / acre and anchored appropriately. OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (5)) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, iuo'ian Grass, muestem, and gamma grass. Revegetation Signature _ Print Name by: Date 1-22-os Title Geologist Agency Carolina Geological Services Inc 13- 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 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 is 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 nr Ipec and it not rdpcianatprd ae an intprctatp Fliahway. To verify receipt, DENR requests that the Notice be sent by certified or registered mail, return receipt requested. The only exception to the above method of giving notice is if another means of notice is approved in advance by .i_ _ ram• r.• _ rT � r _ [ne Director, Division or 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 BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- August 31, 2004 MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. John Holley ti- �� .-ti�,oa NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources James D. Simons, P.G., P.E. Director and State Geologist Mr. Robert H. Snyder Hanson Aggregates Southeast, Inc. 2300 Gateway Centre Blvd. Morrisville, North Carolina 27560 RE: Permit No. 68-06 North Orange Quarry Orange County Neuse River Basin Dear Mr. Snyder: Land Quality Section August 27, 2004 Michael F. Easley, Governor William G. Ross Jr., Secretary Your request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted acreage at this site to 185.6 acres and the affected acreage at this site to 80.0 acres as indicated on the Mine Maps EC-1 and D-1 dated April 2004. The modification includes the addition of the Orange County portion of the Carpenter Tract to the permitted area, a new pond fines and strippings disposal area, associated road construction and associated sediment and erosion 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 Nos. 3C, 4C, 8A-J, and 10B and Reclamation Condition No. 3. The is-,iianr.e of a mininn hermit and/or anv 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 185.6 acres and the amount of land you are approved to disturb is 80.00 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574-1 FAX: 919-733-2876 5 12- woi a vaiijuur r IS 1r ee t, R'uieiyh, hl—i i tr aa—Ma, 27604 An Equal Opportunity 1 Affirmative Action Employer -- 50% Recycled l 10% Post Consumer Paper Mr. Snyder 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, 11 Floyd R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIjw Enclosures cc: Mr. John Holley, PE Ms. Shannon Deaton - WRC, wlenclosures Mr. Bradley Bennett - DWQ, wlenclosure Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosure File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION u 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: Hanson Aggregates Southeast, Inc. North Orange Quarry Orange County - Permit No. 68-06 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: March 26, 2008 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 A-pril21, 1995: This permit has been modified to change the corporate name from Nello L. Teer Company to Benchmark Carolina Aggregates, Inc. May 21, 1999. This permit has been modified to change the corporate name from Benchmark Carolina Aggregates, Inc. to Hanson Aggregates Carolina, Inc. March 19, 2002: This permit has been modified to change the corporate name from Hanson Aggregates Carolina, Inc. to Hanson Aggregates Southeast, Inc. Page 3 August 27, 2004: This permit has been modified to increase the permitted acreage at this site to 185.6 acres and the affected acreage at this site to 80.0 acres as indicated on the Mine Maps EC-1 and D-1 dated April 2004. The modification includes the addition of the Orange County portion of the Carpenter Tract to the permitted area, a new pond fines and strippings disposal area, associated road construction and associated sediment and erosion control measures. Expiration Date This permit shall be effective from the date of its issuance until March 26, 2008. 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 Dewaterinq 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. The permanent access (plant entrance) road shall be paved from its junction with NC 57 to the office/scale house. During processing operation, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. Page 4 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 (Minimum 50 foot undisturbed) 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, Sheets 1 through 6 of 6 last revised July 8, 1987 and the Mine Maps EC-1 and D-1 dated April 2004 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, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All erosion and sedimentation control measures shall be installed and maintained as indicated on the Mine Maps, Sheets 1 through 6 of 6, last revised July 8, 1987 to prevent off -site sedimentation. C. All mining activities associated with the pond fines and stripping disposal area, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Maps EC-1 and D-1 dated April 2004 and supplemental information received by the land Quality Section on November 24, 2003, May 11, 2004 and July 6, 2004. D. 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. Page 5 5. Groundwater Protection A. The six observation wells denoted as (0-1) thru (0-6) on- Figure 1 of Appendix B submitted with the original application, along with the wells located on Doug Harris and Bruce DeWald tracts, shall be monitored at least 30 days prior to initiating any excavations of consolidated material (rock) in the initial pit area to allow for the determination of pre-existing (static) groundwater levels. B. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells (boreholes) shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock, whichever is deeper. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality, Groundwater Section. C. The observation wells shall be monitored once per week at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The weekly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be provided to the Department on or about the end of each month. Static water level monitoring frequency may be increased or decreased following the initial twelve (12) month period 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 March 26, 1998 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 March 26, 1998. 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. 0 8. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site reaularly 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 ho nhconrod by the mine nnpratnr to nrpvpnt havprrl to nersnnc and nriiarent nrnnprty __ ____..__ _j ..._ ......_ _�_. _._.._ r._. _... ..___._ ._ _.._ 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. 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: Page 7 W = (D/D�)2 Ds = D W rr2 V = 160(0s)-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. C. 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, 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 = 62 (D/W0.33)4.2 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (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 owned or [eased 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 blasi site that produced the excessive reading shall cease untii 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 justity 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. FI rock 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 reasnnahlP Pffnrt to incornnrata the 0l0iPc' rare nmm=rnrJnfinns intn the •r 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. 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 constructed after March 26, 1998. 10. Visual Screeninq 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, Sheets 1 through 6 of 6 last revised July 8, 1987 and Mine Maps EC-1 and D-1 dated April 2004. 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. As a minimum, white pines having a minimum height of four feet shall be planted on a 6 foot by 6 foot staggered spacing. , 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 minina 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. 74749 (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. Bondi ;A 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: 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 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 nrnrPccinn stnrknilP, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before i �vcgvtu tiv ii. 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 prepared by Mr. James Izzell, Jr., Geologist dated January 28, 1998 or the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 Species Korean Lespedeza Fescue Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet October 25- February 15 Rye (grain- temporary) Soil Amendments Rate. Lbs/Acre 10 40 1 15 50 30 40 120 Lime- 2000 Ibs/acre or follow recommendations from a soil test. Page 14 Fertilizer- 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulrh- All seeded areas shall be.mulched using_ small grain straw at a rate of 2000 lbslacre 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 February 5, 1988, modified April 21, 1995, renewed March 26, 1998 and modified May 21, 1999and March 19, 2002, is hereby modified this 27`h day of August, 2004 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 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by Hanson Aggregates Southeast, Inc. to conduct mining activities off NC 57 in Orange County. The mining permit (no. 68-06) was modified on August 27, 2004. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and INC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about fling a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Daniel A. Oakley, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601_ Mail Service Center, Raleigh, INC 27699-1601. X, James D. Simons Y Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on S)3 / Brenda Harris Mining Program Secretary