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HomeMy WebLinkAbout19-08_1December 1, 2017 General Shale Brick, Inc. Warren Paschal 3C0 Brick Plant Road Sanford NC 27550, RE- Mining Permit No. 19-08 Brickhaven Mine # 2 Tract B Chatham County Dear General Shale Brick, Inc : ROY COOPER Golcrnw MICHAEL S. REGAN TRACY DAVIS IX v. , if 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 oecame taw on October 4, 2017 as SL 2017-209. all existing mining permits and any newly issued mining permits are to be issued for the Me of site or for the duration of the lease se to rm The - life of site" means the period from the initial receipt of a permit for the operation urtil the mining operation terminates and the required reclamation is completed. Considering the above. this letter hereby modifies your existing mining permit to remove aft 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 existi it 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 fLiN 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 addMon to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of S400 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 tNs deadline. Beginning in 2018. the $400 annual operating fee must be submitted by July I 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 $50frnon th ta te fee a nd cuu Id result in the denial of future permit actions and or revocation i of you r rTi i n i n g per rT, it: Lastly. pursuant to GS §74-54, the cap on reclam atim bonds has been raised from $500 000 to S1 million. Any adjustments needed in existing bonds wilt be initiated by this office or addressed during your next requested permit action unless you contact tiis office with a written request to have your bond reevaluated, The issuance of a mining permit andlor any modification to it does not supersede local zoning regulations. The responsibihty of compttance 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 VVehner, Assistant State Mining Specialist or me at {919} 707-9220, Sincerely, William "Toby" Vinson. Jr., PE, GPM Interim Director, DEMLR Energy. Mineral and Land Resources ENVIRONMENTAL. QUALITY October 31, 2016 Mr. Warren Paschal General Shale Brick, Inc. 300 Brick Plant Road Moncure, NC 27559 RE: Permit No. 19-08 Brickhaven No. 2 Mine Tract "B" Chatham County Cape Pear River Basin Dear Mr. Paschal: PAT MCCRORY Gommor DONALD R. VAN DER VAART Secrdary TRACY DAVIS Director Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to decrease the affected acreage at this site to 94 acres as indicated on the Mine Layout Map last revised April 21, 2016. This modification includes revisions to the erosion and sediment control plan. A copy of the renewed and modified permit is enclosed. The new expiration date is October 31, 2026. 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. 413, 4C, 4D, 5, 9A, 913, and 9C and Reclamation 2H and 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 348 acres and the amount of land you are allowed to disturb is 94 acres. State of North Carolina I Environmental Qualily I Enerff, Mineral and Land Resources 1612 Mail Service Center' 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T Mr. Paschal 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, J et . Boyer, PE Sate Mining Specialist JSBIjw Nj Enclosures CC" Mr. John Holley, PE Mr William C,prrinnPr.-noi Mine and Oi iarnr Ri irPaii vN/n PnrEnci irpc DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES r2 C M eA i T rr- rxwII i 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: General Shale Brick, Inc. Brickhaven No. 2 Mine Tract "B" Chatham County - Permit No. 19-08 for the operation of a Clay 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. MINING PERMIT EXPIRATION DATE: October 31, 2026 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 +hin r -rmi+ --A,;— mn3- ^ r.-.n 4^ ;^r +kr nr +—+i— ^f +k� ni irr^i lnAinn onirirr-.nman+ nnA fnr L1110 rJG11111L, 1JI V V IJIvI l0 must Uc I l 1QuG ILJI LI IG f.11 vlcl.11vl I v1 Ulu Jul 1 vUl lull 1y G11 V 11 VI 1111G1 JL ai 1u Ivl 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 October 5, 1995: This permit has been modified to increase the affected acreage from 17 acres to 83.5 acres, approve the pit expansion and the upgrading of the associated sediment and erosion control measures as per the Mine Site Map dated August 27, 1995, and allow modification to the spray irrigation system as approved by the Division of Water Quality. August 2, 1996: This permit has been modified to change the corporate name from Cherokee Sanford Group, Inc. to Cherokee Sanford Group, LLC. September 24, 1998: This permit has been modified to allow the temporary use (two year approval) of Photafloc polymer for enhanced sediment control experimentation purposes, with stipulations as outlined in the approval letter. Page 3 November 4, 1999: This permit has been modified to increase the affected acreage at the site to 337 acres as indicated on the mine map dated September 9, 1999. This modification also inclulu des the revised .-.rosion d sLedirnont r•nnfrni nlon da-ate l Canfnmhcr 2'] 1000 nnri nIIn All des LI IG I ev IJGU Gk VJIVI I and 7cUn r ICJI r� VVr �U yr �..+iur i r.au«.0 the use of Calgon Catr-Floc DL for flocculation of fine particles in the basins onsite. April 6, 2005: This permit has been modified to change the corporate name from Cherokee Sanford Group, LLC to General Shale Brick, Inc. October_10, 2007: This permit has been modified to increase the permitted acreage to 648.6E acres and the affected acreage at this site to 590.89 acres as indicated on the Mine Details Map last revised April 23, 2007. The modification includes the addition of severai tracts to the east and south of the existing permit boundaries. In addition, the modification includes expansion of the mine excavation area into said tracts and installation and includes the maintenance of all associated erosion and sediment control measures. October 20, 2014: This permit has been modified to reduce the permitted acreage to 348 acres and the affected acreage at this site to 320.73 acres as indicated on the Tract "B" Overall Site Topography Map dated September 3, 2014 by splitting this mining permit into two separate mining permits, Brickhaven No.2 Mine Tract "A" (mining permit No. 19-25) and Brickhaven No, 2 Mine Tract "B" (Mining Permit No. 19-08). October 31, 2016: This permit has been modified to decrease the affected acreage at this site to 94 acres as indicated on the Mine Layout Map last revised April 21, 2016. This modification includes revisions to the erosion and sediment control plan. Fxniration Date This permit shall be effective from the date of its issuance until October 31, 2016 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 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 Page 4 Stormwater Program to secure any necessary stormwater permits or other approval documents. r IAI��+r„Ain+ar nrnnaerinrr and menr rirathio+orinn ckll i%o rn+orl in nr+nnrrinnno v. V Vry..1LV-,VVGL%..1 iy DwrrW Pimrl,, ?111;411 4JG L..LJIru ULiLG_U rll GI L..liV1uQlIliG with Permit No. WQ 0007589 issued and enforced by the Division of Water Quality. 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 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. 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 discharaina onto adjacent surface areas or into any lake, wetland or natural watercourseinproximity to the affected land. B. All drainage from the affected area around the mine excavations shall be diverted internal to said excavation or into the sediment. C. Mining activities, including the installation and maintenance of sediment and erosion control measures, shall be conducted as indicated on the Mine Details AAnn tact rawicarl Anril 71 ?n1A nnri tha cimnlwmantal infnrma+inn mr-aivarl September 15, 2015, April 25, 2016 and September 30, 2016. D. No mining related activities shall occur within the Progress Energy right-of-way. 5. All affected area boundaries (94 acres) shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. n Tom_ r_ r re_ o. 1 ne angle for graded slopes and Trills shall be no greater than the angle that 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 Page 5 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. ram_ rt__'e' i_n� h_n t-�. .,�.. .,I a.. ; ....I L.. ,.,t:..... i.. L, i.....;,.,. ;1., ,.L �... / . I IIC c]I1Ci;iCU Ic111U 511C111 UC tg. IGIUCU so as o prevent- - collection of pools of ate II a' 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. 3. 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 Layout Map last revised April 21, 2016 C. A minimum 40-foot undisturbed buffer (with adjacent excavation side slopes maintained at a minimum of three (3) horizontal to one (1) vertical) shall be maintained around all the Progress Energy powerline right-of-way. 10. A physical barrier consisting of a fence or earthen berm, etc., shall be maintained around the perimeter of any highwall. 11. 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 hnth the nivicinn of WA-_tp NAAnanPment anti the nivifiinn of FnPrnv Mineral and Land Resources, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Q i4Ai-;nr, ro-P ice no Aenfincri htif r� C 7d_dQ NA)i r%f The RAininn Av+ of 1 Q71 rlanimmforl v. ivnIIII iy Iciuoc. u. uc III1.� vy v.v. r � — \ � 1 vo ,y ZJW.­,..... - 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 Page 6 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, +k^ fn11n%Allnn infnr,rm i+inn —­+ kn nr—;A-4 +n ­4 nnn-1-4 hii +Mr, of L111= 1v11v VV1111J. 1111v1111R11v11 111UJ1 VG r.J1vVIUVU Lv Q11U C1fJV1vVGU uy 1116 LJIV1D1v11 v1 Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse iter115 tU be u1spuseu; 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 b.e established. 12. 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. 13. 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. 14. 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. 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 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 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to regrade and revegetate any disturbed areas other than the mine excavations, which shall be restored to lake 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 S 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. All the final perimeter side slopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. D. Any settling ponds or sediment basins shall be backfilled and stabilized. E. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. F. Compacted surfaces shall be disced, subsoiied or otherwise prepared before revegetation. G. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. H. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Condition Nos. 11A through 11 D. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reve etation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Vegetation Plan on the Reclamation Plan Map last revised April 21, 2016 and approved by T. Patrick Shillington, PE, of Engineering & Environmental Science Company on September 15, 2015. Whenever possible, disturbed areas should be vegetated with native warm season nroccoc clink no ctniifnh rrr-mcc Inrlinn nracc hliiacfam and nomm-m nrocc y1GJJ\..rJ J1.A VIi CAJ JYY ILVII 4�14.IVV, 1114 �4�� ��4�VV, 1l�4VV�V��� 411b1 4JMIIIIIIU I�IUV V. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Page 9 This permit, issued to Cherokee Brick Company on August 30, 1985, transferred to Cherokee Sanford Group on November 4, 1988, simultaneously renewed and modified October 5, 1995, modified August 2, 1996, September 24, 1998, November 4, 1999, and April 6, 2005, renewed September 15, 2005, and modified October 10, 2007 and October 20, 2014, is hereby simultaneously renewed and modified this 31th day of October, 2016 pursuant to G.S. 74-52. �\\".r cy E. Davis, Director Division�f Energy, Mineral and Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Soil Berm Cross -Section f 'Nn ll�kArq .ef h-1 will mrrcex el hr 4d+:—uieu C'. orllnn: �n Hcrm 5pc I hrpuanx I. Can ma.y hem hy iIamiie nl rf-ciftrden, 2. Prinr to Klxmmut of k1kakil J. [A' kxrnli r iMIL unWe, Lld .M rm I Iy ruah waI gmulw lit eppli:.lnl 0. 3. 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