HomeMy WebLinkAbout20100719_ADI_ResponseFreeman Environmental Consulting, LLC
31 Cross Street, Suite 229, Spruce Pine, NC 28777
828-765-1515, Office 828-765-3571
e-mail: freemanenviromen@bellsouth.net
July 15, 2010
Judith Wehner, i RECEIVED
Assistant State Mining Specialist I
DENR — Land Quality Section JUL' 19 2010
Division of Land Resources
1612 Mail Service Center t(F�
Raleigh, NC 27699-1612
Subject: Steel Gray Mine; Mine Permit application information request,
Mitchell County, French Broad River Basin
Table Rock Quarries, Inc
Dear Mrs. Wehner,
Please find attached the information you requested concerning the above mine in your letter
dated June 14, 2010. The attached information is in the numerical order of your request letter.
The proposed mine was originally to be permitted under company names of Appalachian Stone,
Table Rock Quarries and Blue Ridge Quarries, Inc. but Blue Ridge Quarries, Inc. the Mining
Company who will operate the mine has decided to use only their name on the permit.
Should you have questions or need further information, Nikki Street or I can be contacted at 828-
765-1515 during normal business hours or at 828-765-3571 (cell) anytime.
Sincerely
omas om) Freeman CPESC
Freeman Environmental Consulting, LLC
CC: TA, BG, LCE & FEC files
1v� 1MO/
Response to info request letter Steel Gray Mine
1). See attached sheet MP-2 and MP-3 for cross sections of current slope and
Expected post mining slope. It should be noted that the site is currently a mine that was
operated without a permit.
2.) See attached copies of return receipts for the adjacent landowner notification.
3.) Find attached signed and notarized notification affidavit.
4.) Find attached the signed Landowner agreement signed by the JD, Coy and Billie
June Hollifield Mrs. Jo Etta Hollifield is deceased but her name remains on the deed.
5.) Access to the site from Altapass road is shown on the attached maps.
6.) Comments from the US Dept of Interior, Fish and Wildlife center on mining in
the floodplains, but no mining is planned for the floodplain areas, only control structures.
The site is currently an illegal mine site that is being reclaimed and thus the permitting
process should restrict mining in these areas rather than promote it. The requested buffer
is not feasible and is only the permitted use of what is ongoing and existing.
Comments from the NC Wildlife Resources Commission from page 2&3 are
responded to as follows:
1. Any clearing of trees will involve the piling if the slash and other woody
materials for wildlife habitat as is feasible to comply with permit requirements.
2. No stream re -locations are planned.
3. Buffers provided are standard an will be increased as is feasible.
4. No stream crossings other than an existing bridge are planned.
5. All soil and erosion controls are based on 25 year storm criteria.
6. See comment in number 8.
7. All required notifications have been made.
8. At the time of reclamation the mine operator will contact the NC Wildlife
Resources Commission representative for a discussion of plantings.
7.) The area to be reclaimed was part of an area that was considered and illegal mine
and had a reclamation plan filled and approved in 2009. The narrative from the
reclamation plan and cover letters are attached. The area to be reclaimed in the permit
was Area 2
8.) See attached picture and drawing of the existing bridge over the North Toe River.
Also attached are:
9.) Pages 1,2 &5 of the permit application with the Applicant name changes.
10.) New maps and details with new owner name
See attached sheet MP-2 and W-3 in # 10 for cross sections of current slope.
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1. Article -Addressed -to
Mitchell Lumber Company
55 Altapass Road
Spruce Pine, NC 28777
A. Signature
❑ Agent
❑ Addressee
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(rmnsfer from service label)
Ps Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540
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1. Article Addressed to:
*Ev lyn Hall
�285-Humpback Mountain Road
Spruce Pine, NC 287rt7
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1. Article Addressed to:
Mark Greene
851 Washburn Road 3. Se7Delivery?
Spruce Pine, NC 28777 ❑ Express Mail
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4. Re(Exea Fee) ❑ Yes
2. Article Number 7p07 2560 00�0 8880 4715
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PS Form 38f 1, February 2004 Domestic Return Receipt 102595-02-M-1540
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1. Article Addressed to:
Mike and Ruth Queen
2533 Akapass Road
Spruce Pine, 28777
2. Article Number
(transfer Imm service labep _
PS Form 3811, February 2004
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7007 2560 0000 8880 4678
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1. Article Addressed to:
Baron & Mary Mack
P.O. Box 128
Fort Mill, SC 29716
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1. Article Addressed to:
Matthew Laws
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2. Article Number 7007 2560 0000 8880 4623
(transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-101-1540
APPLICATION FOR A MMNG PERMIT
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AFFIDAVIT OF NOTIFICATION
I, Thomas Freeman , an applicant, or an agent, or employee of an applicant, for anew Mining Permit, or a
modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of
Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners
of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including,
where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of
record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the
pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said
owners of record at their addresses shown below, such notice being given on a form provided by the Department:
(Adjoining Landowner Name)
Mike and Ruth Oueen
Matthew Laws
Baron & Mary Mack
Mitchell Lumber Company
Evelyn Hall
Mark Greene
(Address)
2533 Altapass Road, Spruce Pine, 28777
465 Laws Branch Road, Green Mountain, NC 28740
P.O. Box 128, Fort Mill, SC 29716
55 Altapass Road, Spruce Pine, NC 28777
285 Humpback Mountain Road, Spruce Pine, NC 28777
851 Washburn Road, Spruce Pine, NC 28777
(Attach additional list if necessary)
I do also attest that the following individual is the chief administrative officer of the county or municipality in which
any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by
certified or registered mail, return receipt requested, to said office at the following address:
(Chief Administrative Officer Name)
[i.e.: City Manager, County Manager, Mayor, etc.]
(Address)
Charles Vines, Mitchell County Manner Crimson Laurel Way, Bakersvitle, NC 28705
The above attestation was made by me while under oath to provide proof satisfactory to the Department that a
reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land
that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the
applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are
within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in
which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 513.0004(d).
I understand that ' is the ponsibility of the applicant to retain the receipts of mailing showing that the above
notices were ca ed toailed and to provide them to the Department upon request.
Signature of Applicant or Agent Date
If person executing Affidavit is an agent or employee of an applicant, provide the following information:
Name of applicant: Merle D. Andrews
Title of persont, executing Affidavit Thomas Freeman t�Y1
I, � \ r 1 9 \\P \4, . 0C0nf . a Notary Public of the County of
State o AT, Cazofina o hereby certify that 1 nU1 T I 5
appe befo e e this y and under oath acknowledged that
ttthe
�above Affidavit was made by him/her.
Wi myloand and n al seal. this �day of l A 20]t?rr.1�
No my Commission expires:
-17 -
i-OF
APPLICATION FOR A N"ING PERMIT
G. LAND ENTRY AGREEMENT
We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands
or operation during regular business hours for the purpose of making necessary field inspections or investigations as
may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56.
We further grant to the Department or its appointed representatives the right to make whatever entries on the
land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry
out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.
74-59.
LANDOWNER:
Signature:
Signature:
a7
Signature: �Jlli t l II. to
Print Name: JD & Jo Etta Hollifield
Print Name: Co & Billie June Hollifield
(Title, if applica le)
Company _Landowners of Record
(If applicable)
Address: 174 Bidfield Ridge Road
Spruce Pine, NC 28777
Telephone: (828 )-765-9513
Date Signed: '7— c� / Q
APPLICANT:
Signature:*
Print Name: Merle D Andrews
Title: President
Company: Blue Ridge Ouarries, Inc.
Mine Name: Steel Gray Mine
Telephone: (828 )-756-4651
Date Signed: 4&Z — /v
*Signature must be the same as the individual who signed Page 1 of this application.
One orieinal and five (5) 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 forma 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.
18-
L
Freeman Environmental Consulting, LLC
31 Cross Street, Suite 229, Spruce Pine, NC 28777
828-765-1515, Office 828-765-3571
e-mail: freemanenviromen@bellsouth.net
August 19, 2009
Ms Janet Boyer P.E.
Regional Engineer
NCDENR - Land Quality Section
2090 US Highway 70
Swannanoa, NC. 28778
Subject: Hollifield Mine reclamation Plan
Altapass Road, Grassy Creek Township
Spruce Pine, Mitchell County
Dear Ma Boyer,
Please find attached a simple Mine Reclamation plan for the above listed mine property in
accordance with Notice of Violation from your officQ (m dated July 14, 2009,
The attached plan is simple and addresses the core of your letter in that it in effect closes the
mines and reclaims the property. All but a few pieces of equipment have been removed and the
reclamation should be completed by late fall, with the grasses sown and controls in place.
If you should have questions eoamning this reclamation plan I can he reached at 828-765-1515.
Sincerely,
Thomas (Tom) Freeman
Freeman Environmental Consulting, LLC
CC: CH, JDH & FEC files
O
Hollifield Mine reclamation Plan
Narrative
The enclosed plan is in response to a notice of violation for mining without a
permit issued to Coy D. Hollifield, J.D. Hollifield, Billie .tune Hollifield, and Eda Jo
Hollifield written and dated July 14, 2009. This letter was written in reference to a
mining operation on Altapass Road near Spruce Pine, NC. The mining operation is
on a piece of land used primarily for agricultural reasons and lays adjacent to the
North Toe River and is across the river from the intersection of Altapass Road and
Halltown Road. The site has been mined in several different areas over the years
but this plan will address 2 that have been recently active and one that has been
closed and reclaimed by the property owners and nature.
Site Conditions
The site has been mined over the past 40 + years in different locations with some
of those being reclaimed by nature and some being reclaimed as early as two
years ago by the owner. The mines are at the edge of a flat level area along the
North Toe River and at the point where the land becomes steep and roils into the
hillside. The mines have been excavated into and up the slope and the spoils
have been placed at the edge of the mining area and used to maintain an old road
that travels through the property.
Mine site number one is the largest of the mines and is deep enough to allow all
of the area that is disturbed to drain to the inside of the mine. There is no ground
water inside the mine only surface water that is drained into this mine. Two years
ago considerable improvements were made to the area above the mine by
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grading, sloping, and seeding as you can see by the attached photos. There was a
processing area near the mine but it only contains rock and therefore has no
erosion. The mine site area has a mixture of stone and soils around the outside
and those areas are vegetated at the top of the mine but the lower areas remain
to be seeded. There are no signs of severe erosion at this area and no runoff is
reaching the North Toe River
Mine site number two is smaller than the #1 None site and has been recently
mined. The mining at this area was performed without planning or direction and
the area has potential to erode if left in the current condition. This mine site has
positive drainage to the level area near the river and at present is not producing
runoff that enters the river. The site has been developed up the slope more than
100 feet and will require minimum grading to concentrated flows and prevent
future erosion. There are no signs of severe erosion at this area but erosion
controls will be necessary to prevent future problems.
Dine site number three is located at the gated entrance to the property and
grading and nature has completely grown over and there is no sediment loss or
erosion currently at this area. It is only included because parts of the highwall
area is visible.
Adjacent Propel
Property use in the area surrounding the mining site is primarily agriculture and
forestlands. There is a residential dwelling near the entrance gate and another
across the river and Altapass Road. There are commercial and industrial
properties within a quarter mile radius of the site.
\41�
Soils
A soils resource report from the US Department of Agriculture is attached
showing the soils in the area of the mine sites. Although the soils have been
disturbed in the area this shows the soils that will be available by grading.
Reclamation Plans
This plan will address three mining areas, the two that have recently been active
and the third which has been completely reclaimed and closed. Photos attached
will show each of the mining operations in their current state. This plan will
discuss best management practices needed to secure these areas. Mining has
been stopped at all areas of the site and the equipment is in the process of being
moved pre the requirements of your letter and Notice -of Violation of July 14,
2009 from your office.
All three mine sites wifi be provided with barrier fences at the top of the highwali
area. These fences will be shown on the attached drawings and will be made of
high tinsel strength heavy gage wire and be secured with wooden posts on the
corners and metal posts in-between (see attached drawing). All highwall areas
will be secured in this manner to keep someone from inadvertently entering the
mine in these areas. Signs will also be posted.
Mine Area No.1: This area will be corrected and brought back into compliance by
sloping the road to the second level (which will no longer be needed) to drain into
En
the pit area. This remaining area out to the road will be sloped to the inside of
the mine for the runoff to enter the mine and therefore allow sediment to settle
into the bottom of the mining pit area. The surrounding area which is a mixture
of smaller rock, gravel, and some soil will be seeded and be left for nature to take
the area. The spoil/processing area wilt be bordered on the lower (river) side by
special silt fence to control any sediment loss until the spoil can be removed,
graded and the area seeded.
Kline Area No. Z: This area wilt be graded to allow the slopes not to gather runoff
and rut, but be diverted away from the disturbed areas into more stable areas.
This mine will also be seeded after it is sloped and proper controls are placed in
the spoil area adjacent the road ton the river side of the spoil pile).
None Area No. 3 is stabilized and has a good seeded and naturat growth but will
be supplied with a highwall fence.
llv J \W-J
Reclamation Sequence
1. Place Construction entrance at gated entrance to mining areas to prevent
tracking soils offsite.
2. Remove any equipment and mining materials not previously removed.
3. Remove stone and soils from spoil areas on the low side and place special
sediment fence to control sediment and erosion.
4. Slope alt areas at mine area 1 to drain internatty and seed peer the attached
vegetation plan.
S. Slope all areas at mine area 2 to drain to stable areas and seed per the
attached vegetation plan.
G. Seed and stabilize all remaining areas.
7. Monitor site after each runoff producing rainfall event and no less than
once per month till a vegetative growth is established.
S. Check at the beginning of each growing season for vegetation coverage and
reseed or top -dress as needed to establish a vigorous vegetative growth.
Freeman Environmental Consulting, LLC
31 Cross Street, Suite 229, Spruce Pine, NC 28777
828-765-1515, Office 828-765-3571
e-mail: freemanenviromen@bellsouth.net
October 2, 2009
Shawna Riddle
NCDENR - Land Quality Section
2090 US Highway 70
Swannanoa, NC 28778
Subject: Hollifield Mine reclamation Plan
Altapass Road, Grassy Creek Township
Spruce Pine, Mitchell County
Dear Ms Riddle,
In response to your correspondence on September 14, 2009 requesting additional information
concerning the reclamation of the above mine site, each question is answered below as follows:
1. Reclaimed area at site #1 needs more vegetation. The disturbed areas on the entire site
will be seeded and all areas previously reclaimed and seeded will be top dressed to assure a good
vegetative cover is established.
2. Additional information is needed for site #2 for final slope grades, permanent
stabilization and removal of loose rocks. The final slope on site #2 will be as flat as possible
without disturbing more area. A track hoe or similar equipment will be used to roughly grade
and slope the site which will remove the road and address any loose or unstable rock before the
site is seeded. Large rock on the slope will be moved to the bottom to become part of the slope
or removed from the site.
If you should have additional questions concerning this reclamation plan I can be reached at 828-
765-1515.
Sincerely,
Thomas (Tom) Freeman
Freeman Environmental Consulting, LLC
CC: CH, JDH & FEC files
APPLICATION FOR A G PERMIT �
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
LAND QUALITY SECTION
APPLICATION FOR A MINING PERMIT
(PLEASE PRINT OR TYPE)
1. Name of Mine: Steel Gray Mine County: Mitchell
River Basin French Broad
Latitude (decimal degrees to four places): 035-54-09.28,
Longitude (decimal degrees to four places): 082-01-58.10,
2. Name of Applicant* Blue Ridge Quarries, Inc.
3. Permanent address for receipt of official mail** 8487 US Highway 221 North
Marion, NC 28752
Telephone: (828)-7564651 Alternate No. ( )
4. Mine Office Address 8487 US Highway 221 North
Marion, NC 28752 Telephone: (828)-7564651
5. Mine Manager Brad Gager
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
Print Nan
Title President
This will be the name that the mining permit will be issued to and the name that must be indicated on the
reclamation bond (securiW that corresponds to this site.
* * The Land Quality Section must be notified of any changes in the permanent address or telephone number.
* * * Signature of company officer required.
G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a
complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any
supplemental information required by the Department. All questions must be addressed and all required maps
provided before this application can be considered complete. Attach additional sheets as needed.
APPLICATION FOR A G PERMIT
NOTE: All of the following questions must be thoroughly answered regarding your mining operation for
the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map.
A. GENERAL CHARACTERISTICS OF THE MINE
1. Answer all of the following that apply:
X 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): 14.72
Of this acreage, how much is owned and how much is leased? Acres owned: 0
Acres leased: 14.72 Property owner if leased: JD, Jo Etta, Coy and Billie June Hollifield_
❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and
the total (overall) acreage covered y the existing permit: Mining Permit No.:
Total permitted acreage (this is the acreage that the "renewal" fee will be based upon):
❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit
number and the total (overall) acreage covered by the existing permit.
Mining Permit No.: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage
that the "major modification" fee will be based upon):
Does the modification involve acreage outside the previously approved permitted boundary?
Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this
modification: . (NOTE: you must complete all of Section F. of this application form
entitled Notification of Adjoining Landowners).
Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed,
ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification"
fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the
acreage to be affected within the acreage to be added to the permit (the total acreage to be added to
the permit is the acreage that the "major modification" fee will be based upon):
❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and
the total (overall) acreage covered by the existing permit.
Mining Permit No.: Total permitted acreage:
SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE
PAID FOR THE REQUESTED PERMIT ACTIONS) AND CORRESPONDING ACREAGE NOTED
ABOVE
2. Name of all materials mined: Granite
3. Mining method:
0 Hydraulic Dredge Front-end Loader & Truck X Shovel & Truck
Dragline & Truck Self -loading Scraper
Other (explain):
4. a. Expected maximum depth of mine (feet) 70'
Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.)
Top of high wall
b. Expected average depth of mine (feet)
40'
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APPLICATION FOR A N*4NG PERMIT \Ift�
A table/chart must be provided on the mine mapp that clearly lists the approximate acreage of tailings/sediment
ponds, stockpiles, wastepiles, processing are roads, mine excavation and any other major aspect of the
mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart
similar to the following will be acceptable:
CATEGORY
AFFECTED ACREAGE
Tailings/Sediment Ponds
0.33
Stockpiles
0.0
Wastepiles
0.89
Processing Area/Haul Roads
0.54
Mine Excavation
3.48
Other (Explain)
0.0
Total Disturbed Acreage
5.24
NOTE:
IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC
INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN
THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS
THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE
WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS.
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