HomeMy WebLinkAbout20220818_Partial_Release_96-43ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Johnny Ray Barbee
Mar Mac Aggregates, LLC
226 Old Grantham Rd.
Goldsboro, NC 27530
RE: Mar Mac Sand and Gravel Pit
Mining Permit No. 96-43
Wayne County
Neuse River Basin
Dear Mr. Barbee:
NORTH CAROLINA
Environmental Quality
August 18, 2022
An inspection was made of the above mine on August 4, 2022, in accordance with N.C.G.S. §74-56 of the Mining
Act of 1971.
The 1.0 acre area at the site requested to be released, as indicated on the mine map received July 13, 2022, has been
found to be satisfactorily reclaimed. Therefore, your company is released from further reclamation responsibility
for this area with respect to the Mining Act of 1971.
In addition, the reclamation bond has been calculated for this site using the information submitted in the partial
release request and on the mine maps received on July 13, 2022 (see enclosed worksheet). The bond amount for
this site is $178,600.00. Your company currently has a $143,600.00 Irrevocable Standby Letter of Credit, a $35,000
surety bond, and a $2,500 surety bond (totaling $181,000.00) on file for this site. As such, you may wish to reduce
these securities to the new required amount of $178,600.00.
A copy of the permit is enclosed. I would like to draw your particular attention to the following conditions where
minor additions or changes were made: IIIA.E, MAY, 111.5, III.9, VI.
As a reminder, your permitted acreage at this site is 209.0 acres and the amount of land you are approved to disturb
is 198.72 acres.
Please contact me at (919) 707-9220 if you have any questions.
SincVelY,
David Miller, PE
State Mining Engineer
DM/ap
Enclosures
cc: Mr. Samir Dumpor, PE
D_E\ Q�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh. North Carolina 27699-1612
rr+r w---; `/ 919.707.9200
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL, AND LAND
RESOURCES
LAND QUALITY SECTION
MWM-91► IVA
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 5 B, and other
applicable laws, rules, and regulations
Permission is hereby granted to:
Mar Mac Aggregates LLC
Mar Mac Sand and Gravel Pit
Wayne County - Permit No. 96-43
for the operation of a
Sand Mine
Which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
Page 2
In accordance with the application for this mining permit, which is hereby approved by the Department of
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. Issuance and Modifications. N.C.G.S.
June 16, 2004: This permit has been modified to increase the permitted acreage and affected acreage to
105.5 acres as indicated on the mine map last revised April 21, 2004, expands the pit area to include sections
3, 4, and 5, increases the mining depth to a maximum depth of 20 feet from the natural ground surface and
increases the 25 foot undisturbed buffer between any excavation and permit boundary to 50 foot
unexcavated. In addition, the corporate name has been changed from Tim Whitfield DBA Mar Mac Sand
and Gravel Company to Mar Mac Sand and Gravel, LLC.
January 5, 2005: This permit has been transferred in its entirety from Mar Mac Sand and Gravel, LLC to
Mar Mac Aggregates, LLC.
March 2.2009: This permit has been modified to allow the offsite generated contaminant free concrete to
be brought onsite, stockpiled, and recycled on approximately 5 acres as indicated on the mine map received
by the Land Quality Section on May 21, 2008.
January 31, 2012: This permit has been modified to increase the permitted acreage to 148.79 acres and the
affected acreage to 144.29 acres, as indicated on the mine map received by the Land Quality Section on
December 7, 2011. As part of this modification, the entirety of mining permit no. 96-50 (10 acres) has been
transferred from Hanson Aggregates Southeast, LLC and incorporated into mining permit no. 96-43. The
modification also includes expansion of the recycle area, approval to mine to a depth of 40 feet and approval
of dredging and/or dragline as a mining method.
Page 3
August 22, 2012: This permit has been modified to allow the stockpiling of uncontaminated topsoil from
approved Erosion and Sedimentation Control Plan #Wayne-2012-028 within stockpile areas currently
designated on the mine map received by the Land Quality Section on December 7, 2011.
July 21, 2014: This permit has been modified to increase the permitted acreage to 190.29 acres and the
affected acreage at this site to 179.6 acres as indicated on the Modification Map dated February 3, 2014.
The modification includes expansion of the mine excavation area along the northwestern permit boundary.
December 1, 2017: This permit has been legislatively modified to issue the permit for the life of the site or
the duration of the lease term.
March 5, 2018: This permit has been modified to increase the permitted acreage to 210 acres and the
affected acreage at this site to 196.12 acres as indicated on the mine map last revised March 30, 2017. The
modification includes the addition of an adjoining tract located southwest of the current boundary and
allows mining to progress in said area.
March 29, 2022: This permit has been modified to increase the affected acreage by 3.6 acres. The
modification includes mining through a ditch and buffer as indicated on the Mine last revised February 14,
2022, and the supplemental information received on August 16, 2021, February 16, 2022, and March 23,
2022. The permitted acreage at this site is 210.0 acres and the area approved to disturb is 199.72 acres.
August 18, 2022: This permit has been modified to partially release 1.0 acre from the permitted area as
indicated on the mine map received July 13, 2022. The released area was previously intended as buffer and
never disturbed. The permitted area at this site is 209.0 acres and the area approved to disturb is 198.72
acres.
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 Dewatering.
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.
Page 4
3. Buffer Zones.
A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected
land and any adjoining waterway or wetland to prevent sedimentation of that waterway or
wetland from erosion of the affected land and to preserve the integrity of the natural
watercourse or wetland.
B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be
in accordance with the requirements and regulations promulgated and enforced by the N.
C. Environmental Management Commission.
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. All drainage from the affected areas around the mine excavations shall be diverted internal
to said excavations.
C. No discharge of ground water and/or pit water shall occur at the site.
D. Mining depth shall be limited to 40 feet below the surrounding natural ground surface.
E. Mining activities, including the installation and maintenance of the approved sediment
basins and associated diversion channels, shall occur as indicated on the Mine last revised
February 14, 2022, and the supplemental information received on August 16, 2021,
February 16, 2022, March 23, 2022, and July 13, 2022.
F. No mining activity shall occur in the 1.0 acre area released from the mining permit as
indicated on the mine map received July 13, 2022.
5. Permanently Marked Boundaries.
All affected area boundaries (198.72 acres) shall be permanently marked at the site on 100-foot
intervals unless the line of sight allows for larger spacing intervals.
6. Graded Slopes and Fills.
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 sedimentation, shall be planted, or otherwise provided with ground cover, devices, or structures
sufficient to restrain such erosion.
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. Visual Screening.
Existing vegetation or vegetated earthen berms shall be maintained between the mine and public
thoroughfares whenever practical to screen the operation from the public.
Page 5
9. Buffer Between Mining Permit Boundaries and/or Right -of -warms.
Sufficient buffer, as indicated on the mine maps last revised July 13, 2022, shall be maintained
between any excavation and any mining permit boundary to protect adjacent property.
10. 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.
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 the refuse will be disposed at least 4 feet above the seasonally
high-water table; and,
V. verification that a permanent vegetative groundcover will be established.
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.
Page 6
V. Prior ARproval 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. ,§74-54.
The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $143,600.00 Irrevocable
Standby Letter of Credit, a $35,000 surety bond, and a $2,500 surety bond (totaling $181,000.00 of which
$178,600.00 is required for this site), is sufficient to cover the operation as indicated in the approved
application. This security must remain in force for this permit to be valid. The total affected land shall not
exceed the bonded acreage.
VII. Archaeological Resources. N.C.G.S. §70-3.
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. -A aproved Reclamation Plan. N.C.G.S. §74-53.
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.
Page 7
2.
3.
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.
Reclamation Conditions.
A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall
be to restore the mine excavation to a lake area and to grade and revegetate the adjacent
disturbed areas.
B. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
i. The lake area shall be excavated to maintain a minimum water depth of four feet
measured from the low water table elevation.
ii. 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.
iii. Any areas used for waste piles, screening, stockpiling, or other processing shall be
leveled and smoothed.
iv. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Condition Nos. III.10.A
through 111.10.D.
V. The affected land shall be graded to prevent the collection of noxious or foul water.
Revegetation Plan.
After site preparation, all disturbed land areas shall be revegetated as per the following:
Permanent Seeding Specifications
Dates Species
February 15- April 1
April 1- July 31
August 1- October 25
October 25- February 15
Soil Amendments
Kobe Lespedeza
Bahiagrass
Redtop
Winter rye (grain)
Common Bermuda
Lespedeza (unscarified)
German millet
Rye (grain- temporary)
Rate. Lbs. / Acre
Lime 2000 lbs./acre or follow recommendations from a soil test.
10
50
1
15
50
30
40
120
Fertilizer 1000 lbs./acre 8-8-8 or 10-10-10 or follow recommendations from a soil test.
Mulch All seeded areas shall be mulched using small grain straw at a rate of 2000
lbs./acre and anchored appropriately.
Page 8
Whenever possible, disturbed areas should be vegetated with native warm season grasses such as
switch grass, Indian grass, bluestem, and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife
Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan.
Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event,
reclamation shall be initiated as soon as feasible after completion or termination of mining of any
mine segment under permit. Final reclamation, including revegetation, shall be completed within
two years of completion or termination of mining.
IX. Issuance and Modification Summary. N.C.G.S. V4-51 and V4-52.
This permit, issued to Mar Mac Sand and Gravel LLC August 23, 2000, modified June 16, 2004, transferred
to Mar Mac Aggregates LLC January 5, 2005, modified March 2, 2009, renewed and modified January 31,
2012, and modified August 22, 2012, July 21, 2014, December 1, 2017, March 5, 2018, and March 29,
2022, is hereby modified this 18th day of August 2022 pursuant to N.C.G.S. §74-52.
By: zts.�✓� !� �o
Brian Wrenn, Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality