Loading...
HomeMy WebLinkAbout79-07_2Department of Environmental p 1 Wehner, Judy From: Leonard, Shannon Sent: Tuesday, July 17, 2018 11:46 AM To: Miller, David; Wenner, Judy Cc: Gantt, Matt; Vinson, Toby Subject: RE: Eden Quarry Mining Permit #79-07 David, The dark bold "property line" appears to be to the center of Cascade Creek and/or possibly beyond Cascade Creek. The actual footprint of Cascade Creek is not clearly visible and you have to just use the Topo contours. I can see the 25' Undisturbed buffer now, which was not labeled along Cascade Creek, but the legend is labeled "Proposed Disturbed Area." However, the buffer is being measured from the center of the stream rather than from top of banks. Judy, based on the recent Google Maps aerial, they are welll away from Cascade Creek. Shannon Leonard Regional Engineering Associate NC Dept. of Environmental Quality Division of Energy, Mineral, and Land Resources 336 776-9657 office shannon.leonard@ncdenr.gov 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 <"Nothing Compares--, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Miller, David Sent: Tuesday, July 17, 2018 11:14 AM To: Leonard, Shannon <shannon.leonard@ncdenr.gov>; Wehner, Judy <judy.wehner@ncdenr.gov> Cc: Gantt, Matt <matt.gantt@ncdenr.gov>; Vinson, Toby <toby.vinson@ncdenr.gov> Subject: RE: Eden Quarry Mining Permit #79-07 Shannon, -Looking at the "Eden Quarry Mine Overview, Sheet 1 of 1," dated 22April 2014, the drawing is showing a 25" buffer. The map's labeling is not great. From: Leonard, Shannon Sent: Tuesday, July 17, 2018 9:36 AM To: Wehner, Judy <iudy.wehner@ncdenr.gov> Cc: uarAL, Mdtt <rnd!t.ganttCwncdenr.gov>A- Miller, David <david.rnilier@ncdenr.Kov>, ln_%uri, Tony <toby.vinson@ncdenr.gov> Subject: Eden Quarry Mining Permit #t79-07 Judy, I was looking over the most current mine map (Received 4/28/14) of this quarry this morning. It appears that we do not have a buffer along Cascade Creek. Best I can tell, it appears the property line goes to the center of the stream criaririei. Cascaue CreeK is riot really denried very wen do the riiine rriap and it appears the proposed distdrbed area goes to the center of the stream channel. This mine map needs to be corrected. Cascade Creek needs to be properly shown on the plans, we need a buffer along Cascade Creels, and the proposed disturbed area needs to be moved from the center of the stream channel to buffer along the stream. Let me know if you have any questions. Thanks. Shannon Leonard Regional Engineering Associate NC Dept. of Environmental Quality Division of Energy, Mineral, and Land Resources 336 776-9657 office shannon.leonard(aDncdenr.gov 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 ri, D'. �`�Nothing Compares._-%. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Energy, Mineral & Land Resources ENVIRONMENTAL OUALITV December 1, 2017 Ararat Rock Products Company Ararat Rock Products Company P O Box 988 Mount Airy, NC 27030-0988 RE: Mining Permit No. 79-07 Eden Quarry Rockingham County Dear Ararat Rock Products Company: ROY COOPER governor MICHAEL S. REGAN secr'elar'y TRACY DAVIS Uirorlor This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any @d;, siren+s needed in existing bonds w;li be initi@t , 4 by this office ., .,.I.I....-Se,4 ... ; ,- ..+ � ....+...4 .. —;+ .,..�;.... PU�uaUIICI Ra IIeGU GLJ in cxlaulllU. UVIIUJ YYIII L,rG II IIt, ked UY UIIJ 1,JIIIL,.0 or PUUIGJJGU UUI II Iy yo Ul IIe AL leg UU a LQU VU III I I L 0%, L I V I I 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 State Mining Specialist, or me at (919) 707-9220. Sincerely. IAr:ll:�.v IIT�1-..f1,/:____ nr !,n■A vvllllam Ioby vinson, Jr.,�rrF, �,rrvl Interim Director, DEMLR State of Ncfrth (arulina I FnviroRmcnral Quality I Energy, Mirleral and Land Resources ;ill N. Salisbury Street I IbI2'tail Service Center I Raleigh, orsh Carolina 27b94 1612 UI9 707 9200 A0135 MCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 29, 2014 Mr. James H. Crossingham IV Ararat Rock Products Company PO Box 988 Mount Airy, North Carolina 27030 RE: Mining Permit No. 79-07 Eden Quarry Rockingham County Roanoke River Basin Dear Mr. Crossingham: John E. Skvarla, III Secretary Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase affected acreage at this site to 282.98 acres as indicated on the Mine Overview Map dated April 22, 2014. The modification includes the overall expansion of the pit area and the construction of plant within the west quarry pit. A copy of the renewed and modified permit is enclosed. The new expiration date is May 29, 2023. 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 as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made; Operating Condition Nos, 3C, 413, 4C, 10B and 12E and Reclamation 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 296,06 acres and the amount of land you are allowed to disturb is 282.98 acres. Division of Energy, Mineral, and Land Resources Energy Section • Geological Survey Section • Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-9200 J FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: htt :11 ortal.ncdenr,or lwebllrl An i Equal Opportunity 1 Afr hfk,p A�finn � � l d� 1 n t `� rnmnlnvar _ 5f16/ RorYd_a o/ Post J P__, nncitrnar Paper Mr. Crossingham Page Two Please review the renewed and modified permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, �r'ieett �. Boyer, PE tate Mining Specialist 1\�nrl ni miity Oartinn JSBIjw Fnclnsu,res cc: Mr. Matt Gantt, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 4 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Ararat Rock Products Company Eden Quarry Rockingham County - Permit No. 79-07 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_ May 29, 2024 Page 2- l' In accordance with the application for this mining g 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 December 7 1993: This permit has been modified to include an adjoining 20.3 acres of undisturbed buffer land and to extend the active pit areas as indicated on the revised mine maps, Sheets 1 through 4 of 4, dated April 9, 1993 and the Overburden Disposal Areas Map dated July 23, 1993. In addition, 12.67 acres of undisturbed land, as indicated on the East Mine aerial photograph dated June 5, 1992 (index dated April 9, 1993) has been released. February 22, 2001: A 141 acre partial release has been granted for the areas indicated on the mine maps dated August 30, 1999, reducing the approved permitted acreage to 296.06 acres and the approved affected acreage to 79.55 acres. Page 3 January 24, 2002: This permit has been modified to increase the affected acreage to 118.54 acres as indicated on the Erosion and Sediment Control Plan last revised December 17, 2001. The modification includes the expansion of the existing pit and the construction of berms, access roads, and associated erosion and sediment control measures. July 16, 2004: This permit has been modified by the Department to revise Operating Condition Nos. 4C, and 4E, and Reclamation Condition No.. 3. August 30, 2006: This permit has been transferred in its entirety from Virginia Solite Corporation to CEMEX Construction Materials, L.P. In addition, the name of the mine has been changed from the East Mine to the Eden Quarry, April 20, 2009: This permit has been transferred in its entirety from CEMEX Construction Materials, L.P. to CEMEX Construction Materials Atlantic, LLC. Anrii 1 7f11 1 • This narrnit hnc hePn I Inrlatari to rPfPrece nthe mine man rer-eived by the Land _ t .. I..vi �., ............ - 1- Quality Section on February 24, 2011, submitted by, the permittee for the purpose of clarifying the boundaries and acreage of the existing and approved disturbed areas shown on the previously submitted renewal map last revised March 16, 2004. Calculations of affected '4, L, ,..... 4, .,. ,.1 n....., ..J'r,.. +n+kc i mAn+oA mor, Al+hnlinh Ohara is nn rhmnnP acreage ofIsite Have been revised 0-CC Jl�Ail g Lv aIc UVUULVV r 3WVL r}iuIvM+ 14� u—v .�.. in the permitted acreage, the affected acreage has been updated to account for all approved disturbances within the mine permit boundary. As a result, the permitted acreage remains 296.06 acres while the affected acreage has been corrected to 173.69 acres. Any prior permit conditions referencing the 2004 renewal inine reap have been revised to reflect the clarifications as shown on the mine map received by the Land Quality Section on February 24, 2011. December 23, 2013: This permit has been transferred in its entirety from CEMEX Construction Materials Atlantic LLC to Ararat Rock Products Company. May 29, 2014: This permit has been modified to increase affected acreage at this site to 282.98 acres as indicated on the Mine Overview Map dated April 22, 2014. The modification includes the overall expansion of the pit area and the construction of plant within the west quarry pit. Expiration Date This permit shall be effective from the date of its issuance until May 29, 2024. Conditions This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: Page 4 OPERATING CONDITIONS: E Wastewater and Quarry Dewatering A. Any wastewater processing or mine dewatering shall permitting requirements and rules promulgated by th e 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 Stormwater Program to secure any necessary storm water permits or other approval documents. 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. FnvironmPntil Management ('.nmmiccinn and enfnrnerl by the nivicinn of Air Quality. B. During quarry operation, water trucks or other means that may be necessary hall Fin- utiii`nM %W prevent UUJL from lk�CA V Ing tI 11.1 per I I IILted al ea. 3. Buffer Zones A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. B. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. C. All buffer zones shown on the Mine Overview Map dated April 22, 2014 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. Page 5 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Overview Map dated April 22, 2014 and the supplemental information received by the Land Quality Section on March 17, 2014, April 28, 2014 and May 27, 2014. 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 crncinn �rnntrnl plan nr mina manc -_,i ihmitted with the annroved application for a r mining permit and any approved revisions to it. Such areas include, but are not limited to, expansion outside of the approved pit area, creek crossings, or expansion of overburden or waste disposal areas. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, .the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after December 7, 1993 shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10)-foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after December 7, 1993. Page 6_ . 7 Surface Drainage The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. Blasting The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of nrr IInA n-IM;i n ok- II nM nvnc�nri MI I I— I fk-I—, 'A ni +k- immr�riin4� Ian C— . f VI IJ. Ivul lv IIIVOW1I 011UII IivL I Il U1G I 1LJGIVVY) QL LI IG 11 II11 IGUIQLG IVL..GILIVII VI any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 10.0 :.0 1.5 1,Q 0.9 0.7 Q. ICJ 0.5 0,s 13 0 �u yu 'sV 100 alasE Ifibration Frequency, Het Figure ; kiemative blasting pvef crr,e,na (Source rc�r;;rfr4�� r;clre-�.rrea� of :tr11r�:, ri'1„�iii 4 Page 7 Z C 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 = (DID,)' Ds = D `A/112 V = 160(DS)-1-6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). IDS = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With 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.Q H7 nr Inwer-flat racznnnse 1..1 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/W0.33)-1.2 Page 8- To convert U (psi) to P (dBL): P = 20 x log (U12.9xl.0-9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping_ The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure, and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reportinq: 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. Elyrock 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. Page 9 H. Fyyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. 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 at the mining permit boundary 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 December 7, 1993, 10, Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods; such as constructing earthen berms; shall be employed as deemed appropriate by the Department. Page 10 , B. Vegetated earthen berms shall be located and constructed as shown on the Mine Overview Map dated April 22, 2014. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: Page 11 1. the approximate boundaries and size of the refuse disposal area, 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met- 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 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 farther, 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 processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Soil Amendments Species Rate, Lbs./Acre Korean Lespedeza 10 Fescue 40 Redtop 1 Winter rye (grain) 15 Common Bermuda 50 Lespedeza (unscarified) 30 German millet 40 Rye (grain- temporary) 120 Lime- 2000 lbs./acre or follow recommendations from a soil test. Fertilizer- 1000 lbs./acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs./acre and anchored appropriately. Page.14_ , Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan.. - Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination -of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued to Virginia Solite Corporation September 22, 1972, renewed September 27, 1982, modified and renewed December 7, 1993, modified February 22, 2001 and January 24, 2002, renewed May 24, 2004, modified July 16, 2004, transferred to CEMEX Construction Materials, L.P. August 30, 2006, transferred to CEMEX Construction Materials Atlantic, LLC April 20, 2009, updated April 15, 2011 and transferred to Ararat Rock Products, is hereby simultaneously renewed and modified this 29th day of May, 2014 pursuant to GS 74-52. By: f�, �V�facy E. Davis, Director Division o{ Energy, Mineral and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources " "•• `�-'"-' "'" __ x••-�• :h11srNeniaCaurly VIRGINIA Rvrkir*hppl Onunly NORTH CAROLINA S J. a !, it I - kc L 1p � # ix 11 �ri xrGt lV �i.X .. l••.':i .n .�r n�iw�li Aux hocx�v �ui�� n�e I�rat r«y ex�x�� nn hx H::�(*' xnini x� x.lc i:ra 'i. J0F' HAFT la�lty •. Il": LNC �'I :l K:'] E3• LIiC Eden Quarry zoo -- �.r .� xq� �i �,.•. Mine p�erview Gdf z2 12014 e ...._.'b x... x.. =' DENR Permit No 79-09 - c—Et ;r mrlsNcam P15 6