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HomeMy WebLinkAbout74-89 Transfer 2020902ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director Mr. Charles H. Manning III B.E. Singleton & Sons, Inc. 920 West 31d Street Washington, NC 27889 RE: Mining Permit No. 74-89 Davenport Sand Mine No. 1 Pitt County Tar -Pamlico River Basin Dear Mr. Manning: NORTH CAROLINA Environmental Quality September 3, 2020 Your request to have the above referenced mining permit, issued to JP Davenport & Sons, Inc., transferred in its entirety to your company has been approved. The blanket surety on file is sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. I would like to draw your particular attention to the following conditions where minor additions or changes were made: 11,13 As a reminder, your permitted acreage at this site is 38.27 acres and the amount of land you are approved to disturb is 37.87 acres. Again, if you should have any questions on this matter please contact Adam Parr, Assistant State Mining Engineer, at (919) 707-9220. Sincerely, David Miller, PE State Mining Engineer DM/ap Enclosures cc: Mr. Samir Dumpor, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEQ:> North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 ,. �aW r919.707.9200 ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director CERTIFIED MAIL RETURN RECEIPT REQUESTED 7019-1120-0000-5072-3956 Mr. Lawrence Davenport JP Davenport & Sons, Inc. 5961 US Highway 264E Greenville, NC 27834 Re: Mining Permit No. 74-89 Davenport Sand Mine No. Pitt County Tar -Pamlico River Basin Dear Mr. Davenport: NORTH CAROLINA Environmental Quality September 3, 2020 Your request to have Mining Permit No. 74-89 transferred in its entirety from your company to B.E. Singleton & Sons, Inc. has been approved. As we have received B.E. Singleton & Sons, Inc. required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your $32,000.00 Irrevocable Standby Letter of Credit (No. S1395463) to you for your disposal. Thank you for your cooperation in this matter. Sincerely, David Miller, PE State Mining Engineer DM/ap Enclosures cc: Mr. Samir Dumpor, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources _ 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 919.707.9200 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 GS 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: B.E. Singleton & Sons, Inc. Davenport Sand Mine No. 1 Pitt County - Permit No. 74-89 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 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, GS 74-49. Modifications December 1.2017: This permit has been issued for the life of site or the duration of the lease term. September 3, 2020: This permit has been modified to reflect the change in date for the Annual Reclamation Report and Annual Fee due September 1 of each year. The surety has been updated to a blanket bond in the form of an Assignment of Saving Account. This permit has been transferred in its entirety from JP Davenport & Sons, Inc. to B.E. Singleton & Sons, Inc. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred, and modified mining permits. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, GS 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. 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 stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. 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. B. 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. C. Buffers shall be maintained as indicated on the Mine Map last revised February 4, 2011. 4. 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. No dewatering activities shall occur at this site. Page 4 D. Mining activities shall occur as indicated on the Mine Map last revised February 4, 2011 and the supplemental information received by the Land Quality Section on August 18, 2009, April 5, 2010, May 4, 2010, and February 7, 2011. 5. All permit boundaries (38.27 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. 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 ground cover, devices, or structures sufficient to restrain such erosion. 7. 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. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffers shall be maintained as indicated on the Mine Map last revised February 4, 2011. 10. 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 GS 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 GS 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts Page 5 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 rip or 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. 11. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. 12. 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 or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on - site implementation of the revisions. 13. The security, which was posted pursuant to GS 74-54 in the form of a $183,200.00 Assignment of Savings Account (of which $31,600.00 is required for this site), 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. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to GS 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 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 GS 74-53 1. The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious, or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for waste piles, screening, stockpiling, or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 10A through 10D. E. 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 Revegetation Plan approved by Mr. Marc K. Edwards on August 14, 2009. 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 JP Davenport & Sons, Inc., February 22, 2011, modified on December 1, 2017, is hereby modified and transferred in its entirety to B.E. Singleton & Sons, Inc. this the 3rd day of September 2020 pursuant to GS 74-51. Brian Wrenn, Director Division of Energy, Mineral and Land Resources By Authority of the Secretary Of the Department of Environmental Quality