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HomeMy WebLinkAbout20220810_Modification_07-01-date-editROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Mr. Jeffrey C. Furness PCS Phosphate Company, Inc. 1530 NC Hwy 306 South Aurora, North Carolina 27806 RE: Mining Permit No. 07-01 Aurora Phosphate Mine Beaufort County Tar -Pamlico River Basin Dear Mr. Furness: NORTH CAROLINA Environmental Quality August 10, 2022 Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted acreage to 17,744-acres and the affected area at this site to 16,797-acres as indicated on the Application for Mining Permit No. 07-01 Modification Mine Location Map County Highway Map, drawing DWG 1, last modified August 10, 2021. The modification includes the incorporation of 1,232-acres located south of North Carolina Highway 33 (tracts R-17 and R-18) and using an at grade crossing of North Carolina Highway 33. The modification includes the installation, maintenance, and safety measure of all associated erosion, sediment control measures, and road crossing safety measures. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the modification application. Modifications were made as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The mine name and permit number shall remain the same as before the modification. I would like to draw your attention to the following conditions where minor additions or changes were made: Operating Condition No. 4T. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 17,744 acres and the amount of land you are approved to disturb is 16,797 acres. Please review the modified permit and contact me, at (919) 707-9228 should you have any questions concerning this matter. Sincerely, Chief of Warn Operations, DEMLR TV/bh Enclosures cc: Mr. Samir Dumpor, PE Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures �FQ North Carollna 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 ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION 4M ;u10 For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 05B, and other applicable laws, rules, and regulations Permission is hereby granted to: PCS Phosphate Company, Inc. Aurora Phosphate Mine Beaufort County - Perm it No. 07-01 for the operation of a Phosphate 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 Environmental Quality, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the 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. I. Definitions. N.C.G.S. §74-49. 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. II. Modifications. N.C.G.S. §74-52. April 1, 1985: This permit has been modified to change the projected mining and reclamation schedule as well as incorporate changes to the reclamation plan to allow backfilling of the mine areas with a blend of gypsum and clay tailings. April 8. 1988: This permit has been modified to add approximately 550 acres of adjacent land to make the Texasgulf, Inc. and NCPC permit areas contiguous. The modification also includes a change in the mine advance direction and a change in the pre -strip method (i.e., use of a bucket wheel excavator in lieu of a hydraulic dredge). February 8, 1990: This permit has been modified to include and allow mining activities on an adjacent 160 acres of land with several stipulations. November 29, 1990: This permit has been modified to remove the last sentence of Operating Condition No. 7. B.4. which requires Texasgulf, Inc. to develop and submit a plan by 1992 to blend all new clays and gypsum directly at the plant for permanent waste disposal/reclamation. This modification has been approved provided that no new gypsum stacks are constructed. June 13, 1991: This permit has been modified to include and allow mining activities on an adjacent 250 acres of land with several stipulations. Page 3 September 6, 1991: This permit has been modified to include the construction of anew sulfur rail unloading system adjacent to the current sulfur tracks at the plant site with several stipulations. October 31, 1991: This permit has been modified to allow the second trial capping of approximately 35 acres (10%) of the R-2 blend area with a 4:1 sand to clay cap ratio. October 31, 1991: This permit has been modified to allow the reactivation of Gypsum Pile 3/4 with several stipulations. February 28, 1992: This permit has been modified to include the 700-acre mine advance south of the current permit area with several stipulations. June 2, 1992: This permit has been modified to allow capping of the R-2 blend area with a clay cap, 18 to 24 inches thick, provided that this capping process does not result in impoundment of water against the dikes. June 4, 1992: This permit has been modified to allow borrow pit activities in the 700-acre modification area (upstream of SR 1937) prior to implementing the hydrology modeling and monitoring requirements as required by the February 28, 1992, modification with several stipulations. July 6, 1992: This permit has been modified, with stipulations, to allow the development of the mine utility corridor around the 700-acre modification area. This will be accomplished by leaving four gaps in the perimeter canal system to permit water to continue to flow through the existing lead ditches into the headwaters of Whitehurst Creek. July 27, 1992: This permit has been modified to allow the placement of a 30-inch culvert in each of the uncut lead ditches and for the subsequent placement of coarse granular washer reject material over said culverts to allow equipment access to the mine utility corridor area along the perimeter of the 700-acre mine expansion. July 28, 1992: This permit has been modified to extend the previous reclamation deadlines specified in this mining permit to those provided in the July 22, 1992, letter from Texasgulf, Inc. to the Department. January 4, 1993: This permit has been modified to include the approval of the "Mitigation Plan for Replacement of 5,000 Feet of Channelized Whitehurst Creek" dated May 14, 1992, and the "Whitehurst Drainage Channel Restoration Plan" dated December 7, 1992. March 17, 1994: This permit has been modified to allow the addition and mining of the 360-acre mine block south of the existing mine area as indicated in Mr. William Schimming's January 25, 1994, letter and supporting documentation. June 20, 1994: This permit has been modified to allow capping of the 900-acre R-3 blend area with a clay cap as indicated in Mr. William Schimming's May 26, 1994, letter to the Department. January 5, 1995: This permit has been modified to allow the addition and mining of the 290-acre mine block east of the existing mine area as indicated in Mr. William Schimming's November 18, 1994 letter and supporting documentation. September 15, 1995: This permit has been modified to allow blasting operations to facilitate the removal of five deep well casings located around the perimeter of the mine site. April 4, 1996: This permit has been modified to allow: 1) the addition and mining of the 770-acre mine block south of the existing mine area, Page 4 2) the relocation and restoration of Bailey Creek, and 3) a change in the name of the company and mine name on the permit as indicated by Mr. B. A. Peacock's December 8, 1995, letter and supporting documentation. June 10, 1996: This permit has been modified to allow adjustments to the approved plan for the relocation of Bailey Creek as indicated by the "Sketch Plan - Temporary Water Diversion for Bailey Creek Relocation" dated May 22, 1996, and associated letter dated May 23, 1996, with the following stipulation: appropriate approvals must be obtained from the Division of Water Quality and the U.S. Army Corps of Engineers prior to implementation of the modifications. April 10, 1997: This permit has been modified to allow blasting to facilitate the current and future removal of well casings located around the perimeter of the mine site contingent upon the permittee following the "Procedures for Explosives on PCS Phosphate Property" attached to Mr. Jeff Furness' letter dated April 3, 1997. In addition, the permittee shall contact the Washington Regional Division of Energy, Mineral and Land Resources office at least 48 hours prior to any future blasting of well casings at the site. November 25, 1997: This permit has been modified to allow activation of 450 acres already under permit and to add/mine 650 acres to the west of the existing mining operation. This will result in a 1,100-acre mine block. In addition, a new mining refuse disposal area in Mine Block 24, including clarification of the items to be disposed in said area, is approved as indicated in Mr. Stephen Phillips' letter dated October 6, 1997. The above modifications are approved provided that: a) the Erosion and Sedimentation Control Plan dated September 24, 1997, the l 100 Acre Mine Plan Map and Final Reclamation Plan - Southern Permit Area, both dated September 29, 1997, and the contents of the modification application dated October 8, 1997 are strictly adhered to for the mine expansion and b) the new mining refuse disposal area is restricted to the items listed in Attachment 1 of Mr. Phillips' October 15, 1997 letter and to the boundaries indicated on the Mining Refuse Area map dated September 11, 1997. September 24, 1998: This permit has been modified to allow changes in the final reclamation of the headwaters of Whitehurst Creek, changes in the mine refuse disposal area, and approval to remove overburden by hydraulic dredging with the following stipulations: a) the final reclamation of the headwaters of Whitehurst Creek shall be conducted in accordance with all current and future conditions of the Division of Water Quality's 401 Wetland Certification (#2748), b) the previous approval to move the mine refuse disposal area shall be rescinded, the existing disposal area shall be used by extending its western boundary approximately 250 feet as shown on the Mining Refuse Area map dated May 29, 1998, and the materials to be disposed shall remain the same as previously approved, and c) the temporary reinstitution of dredging for the removal of the top approximately 35 feet of overburden ahead of the draglines shall be conducted in two separate blocks, each approximately 120 acres, as indicated on the "1100 Acre Mine Plan Map - Dredge Schematic" dated May 20, 1998. This activity shall be restricted to the northwest corner of the recently permitted 1,100-acre area on the west side of the current mining operation. All water from the dredge blocks shall ultimately be discharged through an NPDES-permitted outfall. December 22, 1998: This permit has been modified to include the addition of 487 acres not previously covered by a mining permit and the transfer of 2,083 acres from Mining Permit No. 07-05. This acreage includes ancillary areas (mine support facilities) that were not included in Alternative E approved by the U.S. Army Corps of Engineers and DENR's Division of Water Quality. The modification also allows the expansion of the current mining operation as indicated by the modification application dated August 31, 1998, the Erosion and Sedimentation Control Plan dated August 13, 1998, and the Site Plan and Final Reclamation Plan, both dated Junes 22,1998. This modification is contingent upon full compliance with the following permits and any approved modifications to said permits: 1) US Army Corps of Engineers' 404 Permit (# 198800449), 2) DENR Division of Water Quality's 401 Wetland Certification (#3092), 3) DENR Division of Water Resources' Capacity Use Permits (#3 and #CU0200007), and Page 5 4) DENR Division of Water Quality's NPDES Permit (#NCO003255). February 11, 1999: This permit has been modified to rescind Operating Condition No. I I.D.4. as the standard permit requirement that disposal of mining refuse in the approved disposal area be at least 4 feet above the seasonally high-water table is not applicable to this site. July 30, 1999: This permit has been modified to include the addition of 8.5 acres of land along the southeast corner of the permit boundary and the movement of the DPW canal in this area as indicated in the modification request dated May 19, 1999, and its attached map and cross -sections. In addition, Operating Condition No. 16 of this mining permit has been modified per the separate modification request dated June 24, 1999, pertaining to the cadmium and heavy metal study that is currently underway. Lastly, this permit has been modified to allow disposal of mining refuse items found in Gyp Stack #2 as outlined in the modification request dated July 12, 1999, and the supplemental information dated July 14, 1999. September 15, 1999: This permit has been modified to add 112 acres to Phase I on the NCPC Tract within the current mining permit boundary. This additional affected area is within the EIS Alternative E boundary, as permitted by the US Army Corps of Engineers and the Department's Division of Water Quality. January 21, 2000: This permit has been modified to: 1) allow the placement of a limited amount of dredge spoil into the R-6 gypsum/clay blend reclamation area under two scenarios: a) when repair work is required to either the dredge land booster pump or land discharge pipeline, a Y-valve in the dredge spoil pipeline ahead of the booster pump would be used to divert dredge spoil into R-6 when repairs are needed, and b) when it is time to cap the R-6 area with the dredge sweepings (the silty material in the final dredge cut). The R-6 reclamation area will be capped at grade, at approximately +15 msl; 2) relocate the area used to clarify water from the mine area from the current clarification lake to the southern half of the R-3 blend reclamation area to allow the turbidity to be reduced, and then discharge it out an NPDES permitted outfall. A minimum five-foot freeboard will be maintained at all times between the water level and the top of the R-3 dike; 3) relocate the area used to clarify water from the mine area from the current clarification lake to a small portion of the center of the R-2 blend reclamation area to allow the turbidity to be reduced, and then discharge it out an NPDES permitted outfall. A minimum five-foot freeboard will be maintained at all times between the water level and the top of the R-2 dike; and 4) clear approximately two acres of land near the mine entrance to create an access road and re- route a power line. This activity, including the installation and maintenance of associated erosion and sedimentation control measures, will be conducted as indicated on the Power Line Relocation at Trailer City map dated October 28, 1999. March 28, 2000: This permit has been modified to extend the deadline for submission of the earthworm portion of the cadmium study from April 1, 2000, to May 1, 2000. The extension is to allow the permittee time to work with its consultants to finalize this report. April 20, 2000: This permit has been modified to include the 0.8-acre area located in the "Ancillary Area" on the NCPC Tract as indicated in the March 27, 2000, modification request and associated mine maps. January 25, 2001: This permit has been modified to: 1) include improved drainage and sedimentation control measures at the 12.25 acre "Trailer City" as indicated in the modification request dated December 14, 2000, and its corresponding drawings; and 2) allow the addition of agricultural limestone in the blend circuit (up to a maximum of 150 tons per day) on an as -needed basis as indicated in the modification request dated January 19, 2001. Page 6 April 9, 2001: This permit has been modified to allow disturbance of a 21.31-acre vegetated area for the construction of a Defluorinated Phosphate (DFP) plant, along with its associated erosion and sedimentation control measures, as indicated on the Grading and Drainage Plan dated March 28, 2001, and by the Erosion and Sedimentation Control booklet dated March 29, 2001. August 27, 2001: This permit has been modified to: 1) allow the disposal of scrap metal containing small quantities of Naturally Occurring Radioactive Material (NORM) in the No. 2 Gypsum Stack in accordance with the Division of Radiation Protection's report dated June 7, 2001, and the G-2 Proposed Disposal Area Map dated March 21, 2001 (including its corresponding Attachment 4: Future Material Burial Site Closeup); 2) allow the 20-acre expansion of the currently approved mine refuse disposal area as indicated on the Mining Refuse Area Map dated June 1, 2001; and 3) include "grain/fertilizer rail hopper car heels consisting of grains and fertilizer -related residue" to the list of items approved as mining refuse to be disposed in the approved Mining Refuse Area. December 8, 2001: This permit has been modified to increase the daily limit on supplementary neutralization capacity to 300 tons per day of either pulverized limestone or lime in the blend circuit on an as -needed basis as indicated in the modification request dated November 29, 2001 and received on December 3, 2001. January 24, 2002: This permit has been modified to allow the disturbance of a 6.93 acre vegetated and reject -covered area for the construction of the proposed PAP Third Train Expansion, along with its associated erosion and sedimentation control measures, as indicated in the "Erosion and Sedimentation Control Plan for PAP 3rd Train Expansion" dated January 12, 2002. May 23, 2002: This permit has been modified to incorporate capping of reclaimed mine areas as follows to protect the environment from the risk of cadmium uptake: PCS shall cap all mined areas that are reclaimed with the gypsum -clay blend process, from R-4 forward. The goal of the cap shall be a minimum 3-foot thick cap of overburden material (similar to background soils for the region that have average cadmium content <0. I ppm) over 100% of the blend areas. Minimal acceptable performance standards in achieving this cap shall be as follows: 70% of the total surface area with a minimum of 3-foot cap; 25% of the total surface area with a minimum of 2-foot cap; and 5% of the total surface area unspecified. Various blend area capping methods shall be evaluated on the R-4 and R-6 blend areas over the next five years. This evaluation shall determine the most environmentally effective and economical techniques of covering blend areas with overburden. PCS shall reserve the right to request a variance from this program if it proves to be impracticable. Requested variances shall be accompanied by suggested alternative methods of capping of blend areas. This overburden -capping program will require a lengthening of time necessary to complete reclamation of these blend areas. PCS shall strive to minimize this time requirement. August 1, 2003: This permit has been renewed for another 10 years and conditioned to require capping of gypsum -clay blend areas R-2 forward in the same manner as outlined in the May 23, 2002, modification. August 14, 2003: This permit has been modified to increase the permitted acreage to 12,915.4 acres and the affected acreage to 11,502.2 acres as indicated on the Revised Mine Map, Sheets 1 through 3, dated December 6, 2002, and the Erosion and Sediment Control Plan received on June 5, 2003. This modification includes the addition of 0.4 acres of buffer land along the southeastern permit boundary to straighten out the permit boundary and the relocation of portions of NC Highway 206 and the Norfolk Southern Railroad to accommodate future mining plans. Page 7 August 4, 2004: This permit has been modified to allow a different designated area and a larger portion of the No. 2 Gypsum Stack for the burial of small quantities of Naturally Occurring Radioactive Material (NORM) at the PCS phosphate Aurora mine site as indicated on the Gypstack No. 2 Proposal NORM Burial Maps dated July 14, 2004, with stipulations. April 8, 2005: This permit has been departmentally modified to revise Reclamation Condition No. 3 that requires the capping of reclaimed mine areas to protect the environment from the risk of cadmium uptake. The modification includes clarification of capping procedures for R-4 forward and establishes time frames to further evaluate the blend strategies, report the findings to the Department, and complete capping or approved evaluated strategy for R-2 and R-3. May 24, 2005: A reduction in the affected acreage has been granted on the 113 acres around the headwaters of Whitehurst Creek reducing the affected acreage at this site to 11,403.02 acres. May 23, 2005: This permit has been modified to increase the affected acreage at the site to 11,516.2 acres as indicated on the PAP Plant 2005 Expansion Map Sheet 1 of 2 and 2 of 2dated April 22, 2005 and sealed by Mr. Robert M. Chiles, PE. The modification includes the expansion of the existing Purified Acid Plant and associated Railroad Spur Extensions along with necessary erosion and sediment control measures which results in approximately 14 additional acres to be affected. October 20, 2006: This permit has been modified to allow the construction of a Silicon Tetraflouride (STF) Plant in an area already affected and includes the installation and maintenance of the associated sediment and erosion control measures as indicated on the Sedimentation and Erosion Control Plan for Proposed STF Plant, Sheets 1 and 2 of 2, dated September 12, 2006. The permitted and affected acreage at this site remains unchanged. August 1, 2007: A reduction in the permitted and affected acreage has been granted as a result of release of 702 acres at the Charles Tract Clay Ponds (Clay pond areas No. 3, No. 4A and No. 5A were released) which results in the amount of land allowed to be disturbed at this site to 10,701.20 acres and the permitted acres at the site is reduced to 12,140.40 acres. July 18, 2008: This permit has been modified to allow the disposal of mining refuse generated on -site in the 250-acre area within the mine excavation area as indicated on the Proposed Mine Refuse Area Location Maps dated October 11, 2007, and the supplemental information received on May 29, 2008, and June 6, 2008. The permitted and affected acreage at this site remains unchanged. October 22, 2008: This permit has been modified to increase the affected acreage at this site to 10,906.2 acres as indicated on the Erosion and Sediment Control Plan for the Northern Area dated August 22, 2008. The modification includes the expansion into the northern area for construction of the utility corridor and to allow production to continue. The permitted acreage at this site remains unchanged. June 25, 2009: This permit has been modified to increase the affected acreage at this site to 10,913.92 acres as indicated on the Erosion and Sediment Control Plan for the Northern Area dated August 22, 2008, and received February 25, 2009. The modification includes an additional 7.72 acres to be affected (four of the previous exclusionary areas and a portion of the fifth exclusionary area within the northern permitted area) as allowed in the Alternate L Boundary approved in the Division of Water Quality's 401 Certification. This additional affected acreage (7.72 acres) is within the permitted boundary and will allow for a contiguous mining operation. The permitted acreage at this site remains unchanged. July 15, 2009: This permit has been modified to increase the permitted acreage to 12,298.7 acres and the affected acreage at this site to 11,104.92 acres as indicated on the Mine Layout Map dated March 12, 2009. Please note that a re-evaluation of the permitted acreage resulted in the permitted acreage being 12, 298.7 acres. The modification includes expansion of the permit boundary and mine excavation area to the Page 8 northeast along the Pamlico River on the NCPC Tract known as the Knob Area. The modification includes the installation and maintenance of all associated erosion and sediment control measures and the Utility Corridor. December 9, 2009: This permit has been modified to increase the permitted acreage to 14,036.0 acres and the affected acreage at this site to 11,868.22 acres as indicated on the Modified Alternative L Boundary Mine Layout Map dated October 23, 2009. The modification includes expansion of the permit boundary to the east and mine excavation area to the northeast within the NCPC portion of the Modified Alternative L (2009 Clearing Limits and 2010-2011 Clearing Limits). The modification includes the installation and maintenance of all associated erosion and sediment control measures for the northeast portion of the tract (2009 Clearing Limits and 2010-2011 Clearing Limits). October 28, 2010: This permit has been modified to relocate the contractor field offices to a reclaimed area within the current mining permit boundaries and located north of No. 5 gypsum stack and west of the Mill Department as indicated on the Erosion and Sediment Control Plan for PCS Contractor Field Office Site, including its attachments, dated September 15, 2010. December 3, 2010: This permit has been modified to increase the affected acreage at this site to 12,321 acres as indicated on the Erosion & Sediment Control Plan for 2012-2013 Impact Block, Figure 5A, dated August 31, 2010. The modification includes the approval of mine development impacts within the 2012- 2013 block of Modified Alternative L and includes the installation and maintenance of all associated erosion and sediment control measures. January 26, 2011: This permit has been modified to allow the utilization of gypsum reclaimed from the gypsum stacks and clinker from the Deflourinated Phosphate (DFP) animal feed plant in the mix of haul road construction materials for roads on the mine operating bench level. Both the gypsum and DFP clinker utilized in said roads may become part of the dragline spoils as the mine progresses. June 28, 2011: This permit has been modified to allow for the construction of the reject coarse ore recovery operation and relocation of the reject pile to this area as indicated on the Erosion and Sediment Control Plan - Proposed Conditions for Rejects Coarse -Ore Recovery Site Relocation Map dated March 29, 2011. As your company intends to use the existing reject pile location for expansion of the mill, and the area covered by the relocated reject pile has never been removed from the affected acreage calculation, there is no increase in the permitted or affected acreage as a result of this approval. May 24, 2013: This permit has been modified to increase the affected acreage at this site to 12,804.1 acres as indicated on the Erosion & Sediment Control Plan for 2014-2015 Impact Block, Figure 5A, dated January 241) 2013. The modification includes the approval of mine development impacts within the 2014-2015 block of Modified Alternative L and includes the installation and maintenance of all associated erosion and sediment control measures. March 16, 2015: This permit has been modified to increase the affected acreage at this site to 13,078.72 acres as indicated on the Erosion and Sediment Control Plan dated January 30, 2015. The modification includes development of mining activities into the 2016-2017 impact blocks within the Modified Alternative L Boundary located on the NCPC Tract and includes the installation and maintenance of all associated erosion and sediment control measures. December 15, 2015: This permit has been modified to increase the permitted acreage to 15,646.0 acres and the affected acreage at this site to 13,283.26 acres as indicated in the modification request dated June 15, 2015 and the supplemental information received thereafter. The modification includes the incorporation of 1,610 aces known as the northern portion of the Bonnerton Tract into the permit boundary and allows an additional 204.54 acres to be affected within said tract (2015-2017 Block of the Modified Alternate L) for Page 9 mine excavation expansion. The modification also includes the installation and maintenance of all associated erosion and sediment control measures. January 19, 2016: This permit has been modified to change Reclamation Condition 5B (2) to reflect the revised Reclamation Plan submitted with the Bonnerton Tract Modification dated December 15, 2015 that reflects Final Revegetation Year of Pond 5B of the Charles Tract as 2016. July 11, 2016: This permit has been modified to increase the affected acreage at this site to 14,504.24 acres as indicated on the Erosion and Sediment Control Plan Maps dated March 25, 2016. The modification includes the development of 2017-2018 and 2018 -2019 Impact Blocks with the stipulation that the 32.8- acre Mine Office Area not be developed until a modification for development of said area is submitted to and approved by the Division of Energy, Mineral and Land Resources. August 16, 2016: This permit has been modified to increase the affected acreage at this site to 14,537.04 acres as indicated on the Erosion and Sediment Control Plan Map received on July 20, 2016. The modification includes the development of the 32.8-acre Mine Office Area on the Bonnerton Tract and includes the installation and maintenance of all associated erosion and sediment control measures. January 20, 2017: This permit has been modified to modify the erosion and sediment control plan to incorporate additional measures and detail for the construction phase of the mine utility corridor for the North Bonnerton Tract as indicated on the mine plans dated December 20, 2016. December 1, 2017: This permit has been issued for the life of site or the duration of the lease term. December 11, 2017: This permit has been modified to update the reclamation schedule/time frame/acreage for each reclamation area outlined in the previous mining permit to account for historical and projected mining and reclamation operations as analyzed and presented in the Area Specific Reclamation Plan dated October 2017. It should be noted that no changes to the current mining and reclamation methods are proposed at this time. In addition, this modification includes approval to use excess soda ash in the blend circuit in place of lime, if so desired by the permittee. August 15, 2018: This permit has been modified to allow testing of vertical and horizontal borehole extraction methods in order to explore the application of current technology and gain knowledge of applied costs and reclamation feasibility. The permitted and affected acreage remains unchanged. June 19, 2019: This permit has been modified to increase the affected area at this site to 14,699.75 acres as indicated on the South Bonnerton Erosion and Sediment Control Plan dated April 18, 2019. The modification includes the addition of 162.71 acres of affected land located within the existing permit boundary through mine development impacts in the northern portion of the 2020-2021 Impact Block and includes the installation and maintenance of all associated erosion and sediment control measures. January 7, 2020: This permit has been modified to increase the permitted acreage to 16,512 acres and the affected area at this site to 15,565.75 acres as indicated on the Site Map and Corridor December 2, 2019. The modification includes the incorporation of 866 acres located in the southern portion of the Bonnerton Tract and includes the installation and maintenance of all associated erosion and sediment control measures. August 10, 2022: This permit has been modified to increase the permitted acreage to 17,744 acres and the affected area to 16,797 acres, as indicated on the Application for Mining Permit No. 07-01 Modification Mine Location Map County Highway Map, drawing DWG 1, last modified August 10, 2021. This addition takes in Tracts R-17 and R 1-18. The modification also presents PCS Phosphate Company's plan on how it will address the crossing of North Carolina Highway 33/306. The application included easement agreements with North Carolina Department of Transportation, Duke Energy, and Norfolk Southern Page 10 Railway. This modification was developed based on the Company's submittals received on: April 30, 2021, August 4, 2021, August 10, 2021, March 14, 2022, June 6, 2022, July 6, 2022, and July 28, 2022. 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 N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new, transferred, and modified mining permits. III. Operating Conditions. N.C.G.S. 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: 1. Wastewater and Quarry Dewaterin& A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any 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 Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. Air Quality and Dust Control. 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. 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. Any areas under the jurisdiction of these agencies shall be identified and the appropriate approval documents obtained prior to any land disturbing activities in said areas. 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. The width of the buffer adjacent to any watercourses at the site shall be determined by and subject to any federal and state regulations concerning waters and wetland areas. D. Overburden removal for ore extraction shall not occur within 300 feet of any neighboring dwelling house, church, school, hospital, commercial or industrial building, public road or other public property until a formal modification request has been submitted to and approved by the Department. The request shall clearly describe how a physical hazard to the above features will be prevented. E. A minimum 50-foot undisturbed buffer (except for the installation of erosion and sediment control measures and the depressurization canal) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. Page 11 4. Erosion and Sediment Control. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment 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. 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. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated by: i. The 700-acre mine expansion shall be conducted in accordance with the permit modification application dated October 11, 1991, and the supplemental information dated December 23, 1991 as well as the following stipulation: That changes in the final reclamation of the headwaters of Whitehurst Creek shall be conducted in accordance with all current and future conditions of the Division of Water Quality's 401 Wetland Certification (#2748). ii. All mining permit boundaries, major features of the active mining operation and final reclamation elevations/contours shall be located in accordance with the Modified Alternative L Boundary Mine Layout Map dated January 21, 2013, and the NCPC Modified Alternative L Boundary Reclamation Contours and Drainage Plan dated January 12, 2013. iii. Mining activities associated with the expansion into the Northern Area of the Mine Permit, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion and Sediment Control Plan for the Northern Area dated August 22, 2008, and received February 25, 2009 and the supplemental information received on September 2, 2008, October 8, 2008, February 25, 2009, June 18, 2009 and June 19, 2009. Mining activities shall be carried out in accordance with the Division of Water Quality 401 Certification No. 3771 issued on January 15, 2009. iv. Mining activities associated with the 191-acre expansion of the permit boundary and mine excavation area to the northeast along the Pamlico River on the NCPC Tract known as the Knob Area, including the installation and maintenance of all associated erosion and sediment control measures and the Utility Corridor, shall be conducted as indicated on the Mine Layout Map dated March 12, 2009, and supplemental information received on March 16, 2009, June 8, 2009, and July 10, 2009. The critical areas around the discharge swale, culverts, etc. associated with outfall 009 must be adequately stabilized to prevent erosion in these areas. Mining activities shall be carried out in accordance with the Division of Water Quality 401 Certification No. 3771 issued on January 15, 2009. Page 12 V. Mining activities associated with the expansion excavation area to the northern portion (2009 Clearing Limits and 2010-2011 Clearing Limits) of the Modified Alternative L, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Modified Alternative L Boundary Mine Layout Map dated October 23, 2009, the Erosion and Sediment Control Plan for the 2009-2011 Impact Blocks dated September 4, 2009 and supplemental information received on September 14, 2009, October 7, 2009, and October 29, 2009. vi. In the event that silt fence is used in lieu of silt ditches, adequate access shall be provided for maintenance of all silt fences along the permit boundary and toe of berms. vii. No mining related activities shall take place beyond the 2014-2015 Impact Block as indicated on the Erosion & Sediment Control Plan for 2014-2015 Impact Block, Figure 5A, dated January 24, 2013, until a modification has been submitted to and approved by the Division of Energy, Mineral, and Land Resources. viii. Mining activities associated with the mine development impacts within the 2012- 2013 block of Modified Alternative L, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion & Sediment Control Plan for 2012-2013 Impact Block, Figure 5A, dated August 31, 2010, and the supplemental information received on October 1, 2010. ix. The construction of the reject coarse ore recovery operation and relocation of the reject pile to this area shall be conducted as indicated on the Erosion and Sediment Control Plan - Proposed Conditions for Rejects Coarse -Ore Recovery Site Relocation Map dated March 29, 2011 and the supplemental information received on May 19, 2011. X. Mining activities associated with the mine development impacts within the 2014- 2015 block of Modified Alternative L, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion & Sediment Control Plan for 2014-2015 Impact Block, Figure 5A, January 24, 2013 and the supplemental information received on March 15, 2013, April 16, 2013 and May 2, 2013. xi. Mining activities associated with the development of mining activities into the 2016-2017 impact blocks within the Modified Alternative L Boundary located on the NCPC Tract, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion and Sediment Control Plan dated January 30, 2015 and supplemental information received on January 8, 2015 and February 9, 2015. xii. Mining activities associated with the 204.54-acre mine expansion into the northern Bonnerton Tract (2016-2017 Block of the Modified Alternate L), including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion and Sediment Control Plan, Figure 5-1 and 5-2, last revised November 16, 2015 and the supplemental information received on June 15, 2015, October 9, 2015 and November 19, 2015. Mining activities shall be carried out in accordance with the Division of Water Quality 401 Certification No. 3771 issued on January 15, 2009. Page 13 xiii. Mining activities associated with the development of 2017-2018 and 2018 -2019 Impact Blocks, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion and Sediment Control Plan Maps dated March 25, 2016 and the supplemental information received on May 5, 2016 and June 10, 2016 with the stipulation that the 32.8 acre Mine Office Area not be developed until a modification for development of said area is submitted to and approved by the Division of Energy, Mineral and Land Resources. xiv. Mining activities associated with the development of the 32.8-acre Mine Office Area on the Bonnerton Tract, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the Erosion and Sediment Control Plan Map and supplemental information received on July 20, 2016. xv. Mining activities associated with the construction phase of the mine utility corridor for the North Bonnerton Tract shall be conducted as indicated on the mine plans dated December 20, 2016, and the supplemental information received on December 21, 2016. xvi. Mining activities associated with the testing of vertical and horizontal borehole extraction methods shall be conducted as indicated in the areas and methods outlined in the information received April 9, 2018, and July 6, 2018. xvii. Mining activities associated with the addition of 162.71 acres of affected land located within the existing permit boundary through mine development impacts in the northern portion of the 2020-2021 Impact Block, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the South Bonnerton Erosion and Sediment Control Plan dated April 18, 2019, and the supplemental information received May 21, 2019. xviii. Mining activities associated with the 866-acre expansion into the southern portion of the Bonnerton Tract, including the installation and maintenance of all associated erosion and sediment control measures shall be conducted as indicated on the Site Map and Corridor dated December 2, 2019 and the supplemental information received on October 11, 2019 and December 8, 2019. xix. Mining activities associated with the 1,232-acre expansion into Tract R-17 and R- 18, including the installation and maintenance of all associated erosion, sediment control, and safety measures shall be conducted as indicated on the submitted maps received on: April 30, 2021, August 4, 2021, August 10, 2021, March 14, 2022, June 6, 2022, July 6, 2022, and July 28, 2022. 5. Groundwater Protection. A. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. B. The observation wells shall be secured against unauthorized entry with a lockable cap. Any necessary permits or approvals to construct these wells shall be obtained from the N.C. Division of Water Quality, Aquifer Protection Section. C. Water from the observation wells shall be analyzed, and corresponding results reported, as required by the applicable agencies within the Department. D. If nearby potable wells are impacted by the mine dewatering activities, the permittee shall mitigate such impacts through bearing the costs for replacement or modifications to the wells or pumps to maintain the potable water supply to local residences. Page 14 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. Up to the first fifty (54) feet of overburden shall be removed and conveyed to previously mined areas for reclamation. The remaining overburden shall be removed by draglines and cast into previously mined areas in windrows or conveyed to previously mined areas. C. Oversized phosphate pebbles and gangue materials (rejects) in the ore matrix shall be stockpiled in the vicinity of the mill area for further phosphate recovery processes or returned to a previously mined area. This material may be utilized for internal road construction and maintenance. It may also be made available to the general public as well as state and local governments. D. The quartz sand (sand tailings) from the ore matrix shall be pumped to previously mined areas for backfill either alone or in a blend with gypsum and clay. It shall also be utilized for dike and roadway construction. E. The clay material from the ore matrix shall be pumped to the previously mined areas for backfill, either alone or in a blend with gypsum. Clay only discharges shall not exceed 25% of the total of any waste discharges into previously mined areas. Records documenting the amount of clay vs. clay/gypsum blend discharges into mined areas shall be maintained at the mine office and be available for review by Department personnel upon request. F. The gypsum byproduct used in the clay/gypsum blend shall be stockpiled next to the processing plant in no more than a three -stockpile rotation. Solids from cleaning the cooling ponds or associated ditches may be pumped to any of the active gypsum stacks. G. Any dikes/embankments at the mine site shall be constructed, stabilized and maintained in accordance with the Dam Safety Law of 1967 and corresponding regulations promulgated by the N.C. Environmental Management Commission. The Division of Energy, Mineral and Land Resources shall enforce such requirements and regulations. H. Gypsum reclaimed from the gypsum stacks and clinker from the Deflourinated Phosphate (DFP) animal feed plant may be utilized in the mix of haul road construction materials for roads on the mine operating bench level. Both the gypsum and DFP clinker utilized in said roads may become part of the dragline spoils as the mine progresses. 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 Blasting to facilitate the current and future removal of well casings located around the perimeter of the mine site shall be conducted in accordance with the "Procedures for Explosives on PCS Phosphate Property" attached to Mr. Jeff Furness' letter dated April 3, 1997. In addition, the permittee shall contact the Washington Regional Division of Energy, Mineral and Land Resources Office at least 48 hours prior to any future blasting of well casings at the site. Page 15 9. Hijahwall Barrier A physical barrier shall be maintained at all times around the perimeter of any highwall to prevent inadvertent public access. Examples of such barriers could include vegetated earthen berms, canals or gates. 10. Visual Screening. 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. 11. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 12. Refuse Disposal. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.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 N.C.G.S. §74-49 (14) of the N.C. Mining Act of 1971): i. on -site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. drill steel. vii. Inert mining construction/demolition debris (asphalt, bricks, concrete, gravel, ceramics, furnace refractory materials, neutralized acid bricks, metal culverts [originally tar coated]); viii. Spent mining/processing materials (filter cloths and belts, neutralized activated carbon, scrubber packing, sulfur and sulfur coated metals; ix. Used mining/processing equipment (metal pipes and parts, some with rubber linings; rubber hoses and belts); Page 16 X. Excess packing/materials (wooden pallets, spools and crates); and xi. Transport vehicle trash (sweepings, waste grains and dirt) and grain/fertilizer rail hopper car heels consisting of grains and fertilizer -related residue. 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: i. the approximate boundaries and size of the refuse disposal area. ii. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that a permanent vegetative groundcover will be established. E. The Naturally Occurring Radioactive Material (NORM) burial area is to be relocated as indicated on the Gypstack No. 2 Proposal NORM Burial Maps dated July 14, 2004 to allow for the burial of small quantities of NORM at the PCS phosphate Aurora mine site with the stipulation that all guidelines and procedures recommended by the Division of Radiation Protection in its June 7, 2001 letter with attachments to PCS Phosphate regarding disposal of NORM -contaminated material onsite in the No. 2 Gypsum Stack be followed. F. Mining refuse generated on -site shall be disposed of in the 250-acre area within the mine excavation area as indicated on the Proposed Mine Refuse Area Location Maps dated October 11, 2007, and the supplemental information on May 29, 2008 and June 6, 2008. G. Gypsum reclaimed from the gypsum stacks and clinker from the Deflourinated Phosphate (DFP) animal feed plant may be utilized in the mix of haul road construction materials for roads on the mine operating bench level. Both the gypsum and DFP clinker utilized in said roads may become part of the dragline spoils as the mine progresses. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. , 74-55. 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. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. 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. VI. Bonding. N.C.G.S. V4-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $*.00 *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. Page 17 VII. Archaeological Resources. N.C.G.S. §70-3. 1. Minimum Requirements 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 N.C.G.S. §70-3, "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. VIII. Approved Reclamation Plan. N.C.G.S. 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. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. 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. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. 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. D. 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. E. 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. F. 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. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation Schedule, the planned reclamation for the 2017-2038 permit period shall be: i. backfill the mine excavations to original elevation or higher except in those areas where approved wetlands mitigation projects or ponds are required or desired (the final elevations may be below original surface elevations), ii. stabilize all waste disposal areas and settling ponds, and Page 18 iii. regrade and revegetate any areas in unconsolidated material. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. Reclamation of most of the mined land and settling ponds (with the exception of the "knob" area described below in 2C) shall be accomplished in two phases: a. revegetation and b. physical restoration shall be accomplished by: I. backfilling with dredge spoil (overburden) material and dragline cast material, I1. backfilling with sand tailings from the flotation section of the mill, III. backfilling with clay/gypsum blend, and IV. capping the blend surface with an overburden cap to enhance the establishment of vegetation. ii. Upon completion of the backfilling activity noted in 2.A. above, the surface shall approximate the desired final contours as indicated on the Site Reclamation Map dated January 12, 2013. iii. The northwestern area to the east of the plant site (known as the "knob") shall be reclaimed as a pond, as described in the supplemental information received on July 10, 2009. iv. Rehabilitation of the clay settling ponds at or associated with this permitted mining operation shall include the desiccation of water from the surface of the ponds by the installation of drainage ditch systems. Such drainage systems, in addition to establishing vegetation including tree plantings, should aid in the consolidation of the clays in the ponds. Reclaimed clay ponds 3 and 4A may be utilized as wildlife habitats or forestry areas. Clay ponds 5A and 5B may be utilized as wetland habitats, as well as other wildlife habitats. In any event, the final contours of the surface of the clay ponds shall be in accordance with the Site and Final Reclamation Map — Charles Tract dated August 16, 2002. V. Every six (6) months, the perm ittee shall submit to the Department detailed reports of reclamation activities and reclamation research for each of the following areas: a. Charles Tract clay waste areas. b. Clay -gypsum blend areas. C. Gypsum stockpile areas. d. Sand Tailings areas; and e. Other areas Each report shall include a specific plan and schedule for future reclamation and reclamation research. vi. All settling ponds and sediment control basins used for sedimentation control shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas after such ponds and basins are no longer needed for sedimentation control. Page 19 vii. The processing, stockpile, and other disturbed areas neighboring the mine excavations shall be graded to slopes no steeper than a 4 horizontal to 1 vertical, unless approved by the Division of Energy, Mineral, and Land Resources. viii. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. ix. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 11 A through G of this permit. X. The affected land shall be graded to prevent the collection of noxious or foul water. C. Overburden Capping of R-2 Forward: The following requirements shall apply to the capping of reclaimed mine areas to protect the environment from the risk of cadmium uptake: The Permittee shall cap all mined areas that are reclaimed with the gypsum -clay blend process, from R-4 forward. The goal of the cap shall be a minimum 3-foot thick cap of overburden material (similar to background soils for the region) over 100% of the blend areas. Minimal acceptable performance standards in achieving this cap shall be as follows: 70% of the total surface area with a minimum of 3-foot cap; 25% of the total surface area with a minimum of 2-foot cap; and 5% of the total surface area unspecified. Various blend area strategies may be evaluated on the R-2 and R-3 blend areas until September 30, 2008, to prevent unacceptable levels of cadmium uptake in a manner which adequately protects the environment. The evaluation shall include an assessment of the necessity and financial practicability of potential uptake prevention strategies, including the accepted capping strategy. The selection of an uptake prevention strategy, if appropriate and necessary, shall be supported by competent material and substantial evidence developed during the evaluation. If appropriate and necessary, Permittee shall commence treatment of R-2 and R-3 utilizing existing acceptable capping strategy or other DENR approved method by September 30, 2008. Treatment of R-2 and R-3 shall be completed by December 31, 2011. Permittee shall strive to minimize this time requirement. Further, during the evaluation process, the Permittee shall annually report measures undertaken as a part of the evaluation. Permittee may elect at any time during or after the evaluation period to comply with this condition by capping in accordance with the above capping strategy. Such election by Permittee during the evaluation process shall not preclude the implementation, following the evaluation process and approval by DENR, of any less burdensome alternative that is indicated by the evaluation. If during this evaluation period for R-2 and R-3 another procedure is found that adequately addresses the hazard of cadmium, the Permittee may elect to amend the permit to allow that procedure to be used for R-4 and forward blend areas. While the Permittee is studying this issue and prior to implementing the uptake prevention strategy, all unrestricted public access to the blend reclamation areas shall be denied. In Page 20 addition, deed restrictions preventing the residential or agricultural use of the property shall be placed on areas encompassed by R-1 and the permitted Charles Tract clay ponds and recorded in the Office of the Registrar of Deeds of Beaufort County: however, Permittee or a subsequent owner may ask that these restrictions be waived or released by the Secretary of the Department of Environmental Quality as provided for in N.C.G.S Section 130A-3108(f). 3. Revegetation Plan. Disturbed areas at the site shall be permanently revegetated according to the following Revegetation Plan in conjunction with the Area Specific Reclamation Plan dated October 2017: A. Seeding recommendations. These are typical mixes, additional species may be added where specific conditions warrant.: i. Dike slopes — Spring/Summer Seeding: Type Rate (Pounds/Acre) Hulled Bermudagrass 25 Common Sudangrass 50 Japanese Millet 50 ii. Dike slopes — Fall Seeding Type Rate (Pounds/Acre) Kentucky 31 Tall Fescue 50 Crimson Clover 25 iii. Reclaimed Area, Flat or Gently Rolling — Spring Seeding Type Rate (Pounds/Acre) Legumes* 20 Japanese Millet 50 Bermudagrass 25 iv. Reclaimed Area, Flat or gently Rolling — Fall Seeding Type Rate (Pounds/Acre) Legumes* 20 Winter Wheat 90 *Legumes that could be seeded on the reclaimed areas include sweetclover, crimson clover, ladino clover, alfalfa, Kobe lespedeza or hairy vetch. B. Soil Amendments Lime and fertilizer shall be applied to any area as recommended by soil test results. C. After seeding, various types of tree seedlings are planted for wildlife habitat. Species such as green ash, bald cypress, sycamore, red maple, cottonwood, sweetgum, swamp chestnut oak, sawtooth oak, eastern red cedar, longleaf pine, and loblolly pine are planted at a density of approximately 300 trees per acre. The ground cover species initially planted are allowed to be taken over by herbaceous and shrub species colonizing the site on their own. D. 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. Page 21 4. Reclamation Plan: A. 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. B. Specific reclamation areas and schedules shall be addressed as described in the following table as outlined in the approved Area Specific Reclamation Plan dated October 2017: i. R-Areas Final Reclamation Final Revegetation R-Area Acres Date (Year) R-2 278 2018 R-3 875 2018 R-4 239 2022 R-5 East 385 2018 R5 West 666 2021 R-6 491 2021 R-7 876 2026 R-8 647 2035 R-9 686 2025 R-10 617 2031 R-11 692 2026 R-12 815 2026 R-13 832 2028 R-14 291 2030 R-15 1157 2025 R-16 380 2034 Bonnerton Hardwoods 44 2026 ii. Charles Tract: Final Revegetation Pond Acres Date (Year) 5B* 325 2016 * Pond No. 5B is an area designated for wetland development and plans are being developed to reclaim this area. C. Reclamation activities within the 1,145-foot mining corridor of the Bonnerton Tract shall be carried out in accordance with the conditions of Modified 401 Water Quality Certification issued on January 15, 2009, by the Division of Water Quality (now Division of Water Resources) under 2008-0868 version 2 and the conditions of the 404 Permit issued by the United States Army Corps of Engineers under Action ID 200110096. D. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 22 IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52. This permit, issued July 20, 1972, renewed July 20, 1982, modified April 1, 1985, April 8, 1988, February 8, 1990, November 29, 1990, June 13, 1991, September 6, 1991, October 31, 1991, February 28, 1992, June 2, 1992, June 4, 1992, July 6, 1992, July 27, 1992, July 28, 1992 and January 4, 1993, renewed January 4, 1993, modified March 17, 1994, June 20, 1994, January 5, 1995, September 15, 1995, April 4, 1996, June 10, 1996, April 10, 1997, November 25, 1997, September 24, 1998, December 22, 1998, February 11, 1999, July 30, 1999, September 15, 1999, January 21, 2000, March 28, 2000, April 20, 2000, January 25, 2001, April 9, 2001, August 27, 2001, December 80, 2001, January 24, 2002 and May 23, 2002, renewed August 1, 2003, modified August 4, 2004, August 14, 2004, April 8, 2005, October 20, 2006, July 18, 2008, October 22, 2008, June 25, 2009, July 25, 2009, December 9, 2009, October 28, 2010, December 3, 2010, January 26, 2011 and June 28, 2011, renewed and modified May 24, 2013, and modified March 16, 2015, December 15, 2015, January 19, 2016, July 11, 2016, August 16, 2016, January 20, 2017, December 1, 2017, December 11, 2017 August 28, 2018 June 19, 2019, Janup6 30, 2020, and is hereby modified this 10th day of August, 2022 pursuant to N.C.G.S. §'4-52. , r.NRozi�iM�� Brian Wrenn, Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION You have previously expressed an interest and/or are listed as an adjoining landowner in the mining application for mining activities off NC HWY 33/306 and Rowe Road in Beaufort County. The mining permit (no. 07-01) was modified on August 10, 2022. Right of Persons Aggrieved to File a Contested Case for the Issuance of a New Mining Permit: Pursuant to NCGS 150B, Article 3, a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 60 days after the Division provides notice of its decision on a permit application. Right of Persons Aggrieved to File a Contested Case for the Issuance of a Modification to a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B, Article 3, a party or person aggrieved may file a contested case by filing a petition under NCGS 15OB-23 in the Office of Administrative Hearings within 30 days after the Division provides notice of its decision on a permit application, as provided in NCGS 150B-23(f). General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150B-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS 150E-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102, on the process agent for the Department of Environmental Quality: William F. Lane, General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant, the party must also serve the permittee in accordance with NCGS 150B-23(a). Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at https://www.oah.nc.gov/hearings-divisionihearing-process/filing-contested-case. Please contact the Office of Administrative Hearings at (984) 236-1850 or oah. ostm ter oah.nc. ov with all questions regarding the filing fee and/or the details of the filing process. gm Director 4V Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality This notice was mailed on Brenda Hams Mining Program Administrative Assistant % E Q 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