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Energy, Min era I & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Jeff Lamm B V Hedrick Gravel & Sand Company P O Box 425 Swannanoa, NC 28778 RE: Mining Permit No. 11-01 Grove Mine Buncombe County Dear Jeff Lamm: ROY COOPER Governor MICHAEL S. REGAN Serrerary TRACY DAVIS Director This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wehner, Assistant State Mining Specialist, or me at (919) 707-9220 Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR State of N ,1 III : I, 'hi IL I Lm icurun r nt a; Qual ilv biuv qv %1i ru:ra[ and Land Rvsoi wcc9 512 N Sull�bGI } S'recr 1�,12 VZIiI St,rricc Cc rer I Raleigh. Korth CEu AIra 27hQu I6i2 Wehner, Jud From: Harris, Brenda M Sent: Wednesday, August 10, 2016 5:32 PM To: Boyer, Janet; Wehner, Judy Subject: FW: MP 11-1 Grove Sand & Stone Renewal Attachments: MP11-1_GroveSand&Stone_Buncombe_NCWRCComments.pdf From: Leslie, Andrea 1 Sent: Wednesday, August 10, 2016 10:01 AM To: Wehner, Judy <judy.wehner@ncdenr.gov> Cc: Harris, Brenda M <brenda.harris@ncdenr.gov>; Price, Zan (George) <Zan.Price @ncdenr.gov>; Riddle, Shawna <shawna.riddle@ncdenr.gov> Subject: MP 11-1 Grove Sand & Stone Renewal Hi Judy, Attached are NCWRC's comments on BV Hedrick's Grove Sand & Stone permit renewal. Thank you for the extension of the review deadline. Andrea Andrea Leslie Mountain Habitat Conservation Coordinator NC Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 828-558-6011; 828-400-4223 (cell) www.ncwildlife.orx Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission. f mail CtIrroSPcmdcnic to and Iroin this sandvr is 4tiblect tO I1)V N.C. 1'u[Ili C l�L'Curds Lam• and may be dischTsc,d to Ihtrd parties. J F 1 North Carolina Wildlife Resources Commission (I Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary NCDENR, Division of Energy, Mineral, and Land Resources, Land Quality Section FROM: Andrea Leslie, Mountain Region Coordinator`` Habitat Conservation Program DATE: August 10, 2016 SUBJECT: Mining Permit Renewal for BV Hedrick Grove Sand & Stone, Buncombe County MP 11-1 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the application to renew the permit for the 1026-acre Grove Sand & Stone Mine in Buncombe County. 1 visited the site on August 9, 2016. Our comments on this permit action are offered for your consideration under provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5) and the North Carolina General Statutes (G.S. H 3-131 et. seq.). The mine is adjacent to the North Fork Swannanoa River. It is just upstream of the confluence with the Swannanoa River, which supports the Eastern Hellbender (Cryptobranchus alleganiensis, US Federal Species of Concern, NC Special Concern). This species is especially sensitive to sediment pollution. Some of the settling basins are serving as excellent wildlife habitat for birds and other wildlife; we appreciate BV Hedrick's conservation of these habitats. Processing facilities and a main haul road are very close to the North Fork Swannanoa River. Sediment runoff is treated with a set of settling ponds, a berm that runs along the river, and riprap check dams along the road. It is essential that these sediment control practices are maintained regularly in order to minimize sediment loss from the site to the river. There is an in -stream dam of large riprap, which backs the river up into a pond. This pond is used as an emergency water source. As this dam is a barrier to fish and other aquatic organisms, Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 MP I 1-i Grove Sand & Stone Page 2 August 10, 2016 N Fork Swannanoa R, Buncombe County we recommend its removal. Technical and financial resources to aid in dam removal may be available, and we recommend coordinating with NC Division of Water Resources. Thank you for the opportunity to review and comment on this permit action. Please contact me at (828) 558-6011 if you have any questions about these comments. ec: Zan Price, NC Division of Water Resources Shawna Riddle, NC Division of Land Resources F 900Z o T Avw nA �0 (nm �m m o p� D m A CD C0 C0 r—oCD'oF-0 Ilz Q~ `~ Cno m IN z v IN �w m m O 'm A � 0) rn CO iV co 00 0N CO CO I OO W CO co �MM I N ca o r--� � N Frl 0--4 CA zo I--1 � tc 0 N DC co -� � N cov m o O p z to � c a o Z L7 -D C) � D m m D m �-i �z (n-9 Sao of "j r co Cri C Ch Cl.c3 `fJ > C17 Crl x co CD no o-� a a m �.����o o �� b ; o CDCDc� II ocL CD >v o o 0- a o �n O ZD CD .r CD -0 � CD �. o O w p7 o N N aq CD r A O 5 �s CD uQ a >v n O '+ < .: o CD M CD CD CD a=1 � a �• U4 n CDC �uq > C) o CD C ia. CD CD sv o C. 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P4 ^W W 17� I� O W N x rl C CQcCQ N M co C r_ T W J W a U < a N p Z w U U O 1� s 11 /0 O p C] C, � ( O �V _0 Erosion Control for { Plant Area o � Qo K3� Sion Con 1 for ` � e Are, -J A -- 1 — c1:3 ecycle o❑ ❑ - �n7-- o , C ncret Line ❑ � / ('I -- o* .s.f . a .l A � Erosion Control for Pit Area Erosion Control for Pit Area 0 H F H H F ZO O L� J U O pLLI Q = Q O Z w V o w d o w af Q m U m' koco c\2r- �r- co O W oz a C z CID c\2 L) 00 00 COCO Q CO CO W M� x CO CO00 COC\2 co N� CO� C w a0 O WN w O N n0 n I Z W Z� II U>- wJ VO w �� J 3 O 00 o� o a a a w < m' � mQ o w r <z zC'1 wig �3Q c) a o a j c� w ~ a o J 3 w z z cn LL] F- a- O_ � � U w W> w o� CD z z 0 z it LM Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY Mr. Jason Conner B V Hedrick Gravel & Sand Company PO Box 425 Swannanoa, North Carolina 28778 RE: Permit No. 11 -0 1 Grove Mine Buncombe County French Broad River Basin Dear Mr. Conner: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS August 10, 2016 Director Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is August 10, 2026, The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 3C, 413, 4C and 12E and Reclamation Condition Nos. 2E and 3. As a reminder, your permitted acreage at this site is 1050 acres and the amount of land you are approved to disturb is 352 acres. A minor adjustment has been made to the affected acreage because of better mapping. Please review the renewed permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. incerely, J net S. Boyer, PE tate Mining Specialist .Land Quality Section JSB/jw Enclosures CC' Ms. Shawna Riddle Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center' 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: B V Hedrick Gravel & Sand Company Grove Mine Buncombe County - Permit No. 11-01 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION, DATE: August 10, 2026 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 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 July 14, 2006: This permit has been modified to increase the permitted acreage to 1050 acres due to better mapping and the affected acreage at this site to 349 acres. This modification includes the addition of 266.7 affected acres within the permit boundary, as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. October 22 2009: This permit has been modified to include the addition of a two acre berm with a 25 foot undisturbed buffer along the property line/permit boundary and the addition of a haul road around the new pit expansion area as indicated on the Site Map last revised September 14, 2009. This modification reflects no change in the affected acreage at this site, Page 3 Expiration Date This permit shall be effective from the date of its issuance until August 10, 2026, 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: Wastewater and Quarry ❑ewatering 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 storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, 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. 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. Page 4 C. All buffer zones shown on the Site Map last revised July 2016 shall be maintained to protect adjoining property. These buffer zones, with the exception of the installation of required sediment control measures and approved earthen berms, shall remain undisturbed. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Site Map last revised July 2016 and the supplemental information received July 11, 2016. C. No pit expansions or land disturbing activities shall be conducted in the 577 acre "Area Not Permitted" as indicated on the Site Map last revised July 2016, until a modification to add said area to the current permit boundaries and expand into said area has been submitted to and approved by the Department. The modification shall include a complete erosion and sedimentation control plan for said area. D. An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised 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. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. Page 5 B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 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 The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. 100 0.2 Blast Vibration Frequency, Hz ,=igury i A;terraarive bl,<astingr lev4�pf crrt"rya (S.orince nzr3csefar� ,+ from f7g(Jre 8- F SI-erea.0 of .M0r7'--s F?T850?; Page 6 1.9 C C Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DIDS)2 Ds = D W 112 V = 160(Ds)-1.6 W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Ds = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Air blast With Monitori Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/W0.33)-1.2 Page 7 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping_ The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval, amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval, Failure to report will constitute a permit violation. G. Fyyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. Page 8 H. Flyrock Reporting: Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department, Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10-foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. Page 9 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 12. Refuse Disposal A, No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the 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 G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral, and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1, on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral, and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2, a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 10 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: 1. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. 2. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. 3. No used, clean concrete material shall be permanently disposed of onsite. 4. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 11 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 allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 12 A, All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12.A. through E. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Jason Conner of Hedrick Industries dated June 28, 2010, 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. Page 13 This permit, issued December 29, 1980, renewed April 26, 1982 and December 14, 1995, renewed and modified July 14, 2006 and modified October 22, 2009, is hereby renewed this 10nd day of August, 2016 pursuant to G.S. 74-52. Ia ergy, Mineral, and Land Resources Tracy E. Davis, Director Division y Authority of the Secretary Of the Department of Environmental Quality • 0 Wehner, Judy From: Riddle, Shawna Sent: Wednesday, August 10, 2016 10:07 AM To: Wehner, Judy Subject: Comments for Grove Stone Judy - I have no additional comments for the submittal. Information submitted is sufficient. I did an inspection yesterday —the quarry is in compliance with their mine and stormwater permits. Thanks for the additional days to comment - Thanks - Shawna Shawna Riddle Environmental Senior Specialist Land Quality Section N. C. Dept of Environmental Quality 828 296-4500 Phone 828 299-7043 Fax Shawna. Riddle(a)_ncdenr.00v 2090 US Hwy 70 Swannanoa, NC 28778 "Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. o .� V� ;lI_6 9 0 • • Wehner, Judy From: Leslie, Andrea J Sent: Wednesday, August 10, 2016 10:01 AM To. Wehner, Judy Cc: Harris, Brenda M; Price, Zan (George); Riddle, Shawna Subject: MP 11-1 Grove Sand & Stone Renewal Attachments: MP11-1_GroveSand&Stone_Buncombe_NCWRCComments.pdf Hi Judy, Attached are NCWRC's comments on BV Hedrick's Grove Sand & Stone permit renewal. Thank you for the extension of the review deadline. Andrea Andrea Leslie Mountain Habitat Conservation Coordinator NC Wildlife Resources Commission 20830 Great Smoky Mountain Expressway Waynesville, NC 28786 828-558-6011; 828-400-4223 (cell) www.ncwildhfe.org Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission. Email corrrespondente to and from this sender is subject to the N.C. Ptibht Retards Law and may be disclosed to third parties. i • 9 ',�> North Carolina Wildlife Resources Commission's Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary NCDENR, Division of Energy, Mineral, and Land Resources, Land Quality Section FROM: Andrea Leslie, Mountain Region Coordinator,�'�"`` Habitat Conservation Program DATE: August 10, 2016 SUBJECT: Mining Permit Renewal for BV Hedrick Grove Sand & Stone, Buncombe County MP 11-1 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the application to renew the permit for the I026-acre Grove Sand & Stone Mine in Buncombe County. I visited the site on August 9, 2016. Our comments on this permit action are offered for your consideration under provisions of Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5) and the North Carolina General Statutes (G.S. 113-131 et. seq.). The mine is adjacent to the North Fork Swannanoa River. It is just upstream of the confluence with the Swannanoa River, which supports the Eastern Hellbender (0yptobranchus alleganiensis, US Federal Species of Concern, NC Special Concern). This species is especially sensitive to sediment pollution. Some of the settling basins are serving as excellent wildlife habitat for birds and other wildlife; we appreciate BV Hedrick's conservation of these habitats. Processing facilities and a main haul road are very close to the North Fork Swannanoa River. Sediment runoff is treated with a set of settling ponds, a berm that runs along the river, and riprap check dams along the road. It is essential that these sediment control practices are maintained regularly in order to minimize sediment loss from the site to the river. There is an in -stream dam of large riprap, which backs the river up into a pond. This pond is used as an emergency water source. As this dam is a barrier to fish and other aquatic organisms, Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 MP l l-1 Grove Sand & Stone Page 2 August 10, 2016 N Fork Swannanoa R, Buncombe County we recommend its removal. Technical and financial resources to aid in dam removal may be available, and we recommend coordinating with NC Division of Water Resources. Thank you for the opportunity to review and comment on this permit action. Please contact me at (828) 558-6011 if you have any questions about these comments. ec: Zan Price, NC Division of Water Resources Shawna Riddle, NC Division of Land Resources Wehner, Judy From: Price, Zan (George) Sent: Tuesday, August 09, 2016 4:23 PM To: Wehner, Judy Subject: RE: Grove Mine Attachments: 11-01 DWR REVIEW_Grovestone08092016.pdf Attached. Zan Price, P.E. Assistant Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4662 office 828 231 9634 mobile zan. priceCaincdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 I - C.- - '-Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Davidson, Landon Sent: Tuesday, July 12, 2016 10:50 AM To: Price, Zan (George) <Zan.Price@ncdenr.gov> Subject: FW: Grove Mine Zan - For review. Thanks. G. Landon Davidson, P.G. Regional Supervisor — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4680 office 828 230 4057 mobile Landon. Davidson( a�ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 IINothing Compares . • Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Tuesday, July 12, 2016 9:51 AM To: Davidson, Landon <landon.davidson ncdenr. ov> Cc: Riddle, Shawna <shawna.riddle ncdenr. ov> Subject: Grove Mine Here's the review sheet for the renewal of Grove Mine in Buncombe County, Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judy.WehnerCcDncdenr.govEmail 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 I 7"Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. • 0 Print this form to PDF Retu* of this form to DEMLR CO by email. cc DEMLR RO. 0 SPU. Send a copy to the permittee. MINING PERMIT APPLICATION REVIEW FORM far the DIVISION OF WATER RESOURCES Aj0aI Project Name Grove Mine DEMLR Permit # 11-01 Jason Conner (jconner@hedrickind.com) PERMIT ACTION TYPE: YES County: Buncombe Applicant's Email: NO Date Commencing Have land disturbing activities started? Date? 7 Latitud 35.6127 Longitude:-82.3634 Please return comments to (at DEMLR CO): Judy Wehner Comments due by. August 4, 2016 SECTION BELOW TO BE FILLED OUT BY DWR: 1980 Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Permit renewal: no new impacts proposed. No concerns if thev are in compliance with their NCG020150 permit with DEMLR; Told Jason Conner to contact Army Corps prior to dredging ponds to determine if wetlands are present; Told Jason Conner to contact DWR and Army Corps prior to placement of any fill (e.g. culverts, stone, dirt) below the ordinary high water mark of any jurisdictional streams or wetlands to determine 401/404 permit requirements. Potential restoration voiect on North Fork where current water withdrawal and lowdam is located. Watershed/Stream Name & Classification: French Broad/North Fork Swannanoa River; Class C DWR Compliance Status of Mine: DEMLR Stormwaterpermit Does this mine (or previous owner) have DWR back fees to pay? NA If yes, amount: Is this mine an active permit in BIMS? NCG020150 YES NO 401 Wetland Cert. required? v 401 Wetland Cert. existing? rT Permit # Does DWR RO have enough Information to determine if a 401 certification Is required? Is an O & M Plan needed? Are wetlands disturbed at this site? YES NO V,, Rev September 2010 0 • Print this form to PDF Retum &this form to DEMLR CO by email cc DEMLR RO, 00PU. Send a copy to the permittee. Does DWR RO suspect or knowof nearby V-Wetlands apparent on r wetlands to the site? fringe of the some of the ponds JD Is a wetland delineation required prior to Consultant DWR Issuing the permit? Onsite? Offsite? Stream Determination Needed? Stream Determination Completed? NA Does DWR RO need a statement that no wetlandsistreams are disturbed for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? Recycle system permit existing? Permit # New Recycle System permit required?" Enough information to determine? Non -discharge permit existing? Permit r Unknown, Will wastewaters discharge to HQW waters IV ,7Q10 Permittee with a 7Q10=0? Flow -.NA must determine. Has Violation O&M Requirements HQW17Q10 Concerns Does DWR require DEMLR to hold the Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit because DWR requires more Information)? Other. Please describe the reason to hold the permit: RO contact: Hold Until: Mine must wait to dewater until an O&M plan is approved? Reviewed by: DWR RO Surface Water: Z. Price Regional Office: ARO Date: 08/09/2016 RO Aquifer Protection Section: Regional Office: Date: Rev September 2010 0 0 PAT MC'C'RORY Water Resources ENVIRONMENTAL QUALITY July 25, 2016 MEMORANDUM TO: Ms. Judy Wehner Land Quality Section FROM: Michael Bauer 0 Ground Water Management Branch Division of Water Resources DONAL.D R. VAN DER VAART S. JAY ZIMMERMAN 0 RECEIVED JUL 252016 LA�JPI QUALITY MINING ROGRAP,; SUBJECT: Comments on the Mining Permit Application Request for: B.V. Hedrick Gravel and Sand Co. Grove Stone and Sand Pit Buncombe County Please find attached a copy of the mining permit renewal request for the above referenced project. The Grove Stone and Sand Pit, located in Buncombe County, does not appear to have an unduly adverse effect on ground water supplies and has previously registered their withdrawals, with the Division of Water Resources, as facility ID #0420-001. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.2214. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. The registration form may be obtained from the following link: http://,A-\\�w.iic�Nater.org/Perniits_and_Registration/Water Withdrawal_and_Transf'er_Registration. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (919) 707-9021 or email him at john.barr@ncdenr.gov. State ofNnrth Carolina Environmental Quality I water Resources 1611 Mail service Center Raleigh, North Carolina 27699-1611 9197079000 0 0 • PAT MCCRORY Energy, Min era I and Land Resources ENVIRONMENTAL QUALITY i iovemnr DONALD R. VAN DER VAART Sec reurry July 13, 2016 TRACY DAVIS 1)rrector MEMORANDUM TO - FROM! SUBJECT Mr. Nat Wilson Hydrogeology Group Division of Water Resources Brenda M Harris Mining Program Secretary Land Quality Section Mining Permit Renewal Request for BV Hedrick Grove Sand & Stone Buncombe County JUL LOT" (X viii Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by August 4, 2016 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. Stanley Aiken State or North Carolina ' EnVITOwncnlal Quality I Enemy, Mineral and land Resources 16 12 Mail Service Center 1 512 N Salisbury St. i Raleigh. NC 27699 9l9 707 9200 T 0 0 • •1 MINING CHECKLIST FOR ROUTING J i Applicant's Name: t � ProjectName: Applic./ Permit No:01 County: (��1iy� . �'� �_ Date Received: ) ! 1p Reviewer: �� �.- River Basin Name: ji 2jwJ] I�y�.� r � ❑ New eRenewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Pelease ElPartial Release ElAdditional Information El Fee . Fee Needed: Fee Received: s �� )U Pleas, ut�{ ,� I`- e,�entire application package to l �-" Regional Office (x complete copies; attach the' T.QS Regional Office Mining Application Review Checklist" to one copy and attach both the DWQand DWR"fining Application Review Farm" to the other copy; and both copies to the Regional Engineer) Vate: Routed 'a Division of Water Resources Date: Routed NC Wildlife Resources Commission Date: Routed ❑ US Fish & Wildlife Service Date: Routed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any Iocation maps to: ❑ Division of Parks a Recreation Date: Routed ❑ NC Geological Survey Section Date: Routed ❑ Division of Marine Fisheries Date: Routed ❑ Division of Soil & Water Conservation (plus LEA) Date: Routed (Only new applications and modifications requests that add land io the permit) ❑ Division of Archives a History Date: Routed (Only new applicants) ❑ Other: Date: Routed Rec'd Rec'd Ree'd Ree'd Rec'd Rec'd Rec'd Rec'd Rec'd Rec'd 'l Suspense Date for Comments: 11r,U-A (no later than 25 days from receipt) ❑ Please note the following: t rev i .:U Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY July 13, 2016 MEMORANDUM TO: Ms. Andrea Leslie Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for BV Hedrick Grove Sand & Stone Buncombe County iPAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director Please find attached for your review a copy of the mining permit renewal request for the above Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2). Please respond by August 4, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection. it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these types is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Stanley Aiken State o1' North Carolina I Environmental Quality I Energy, Minerai and Land Resources 1612 Mail Service Center 1512 N_ Salisbury St. I Raleigh, NC 2,699 919 707 9200 T • PAT MCCRORY 7a Governor i' DONALD R. VAN DER VAART secretary Energy, Mineral and Land Resources I IZ A C' Y DAVIS ENVIRONMENTAL QUALITY July 13, 2016 Director MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal Request for BV Hedrick Grove Sand & Stone Buncombe County _1 Mine Dewatering Proposed No Mine Dewatering Proposed Please find attached for your review a copy of the Mining permit renewal request for the above referenced project_ Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine, or marine fisheries (G.S. 74-51 (2)). Please respond by August 4, 2016 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. Ibmh Attachments Cc: Mr. Stanley Aiken State of North Carolina ! Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. i Raleigh, NC 27699 919 707 9200 T 0 • VENDOR NAME: N C D E N R • • No. 100038075 INVOICE DATE INVOICE NUMBER GROSS AMOUNT DISCOUNT NET AMOUNT 6/28/16 0616-PERMIT RENEWAL 1,000.00 .00 1,000.00 1 . EC 'IS'.1YC�1 WVI[1THpI1�'A-=u�ANb^RED�S'klkl Q `• N ,, `'. "�1- V�iL�kF'� . _- rQ .: E::�' d[��:`HOL'ti'' T' _ - 1000380iu BV HEDRICK GRAVEL & SAND COMPANY P.O. BOX 1040 SALISBURY, NC 28145-1040 DATE AMOUNT 7/01/16 $**1,000.00 PAY ONE THOUSAND ****************************************** 00/100 DOLLAR TO THE ORDER N CDENR OF LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 MWACHOVIA NOT NEGOTIABLE AFTER 60 DAYS 4a -^ 0�1� AUTHORIZED SIGNATURE UORUER CONTAINS JAIr,ROPRINT@d 0 0 Wehner, Judy From: Wehner, Judy Sent: Tuesday, July 12, 2016 9:51 AM To: Davidson, Landon Cc: Riddle, Shawna Subject: Grove Mine Attachments: 11-01 DWR REVIEW SHEET 2013.doc Here's the review sheet for the renewal of Grove Mine in Buncombe County. Judy Wehner Assistant State Mining Specialist Land Quality Section 919-707-9227 office Judy.Wehner@ncdenr.govEmail 1612 Mail Service Center Raleigh, Norty Carolina 27699-1512 512 N. Salisbury Street Raleigh, North Carolina 27604 Kc'. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third paities. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 0 1* Print this form to POF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PECIT APPLICATION RE*EW FORM for the DIVISION OF WATER RESOURCES 1 U Bh FILLED OUT BY DEMLR: Project Name Grove Mine DEMLR Permit # 11-01 County: Buncombe Applicant's Email: Jason Conner (jconner@hedrickind.com) PERMIT ACTION TYPE: YES NO Date Commencing Have land disturbing activities started? Date? { { 1980 Latitud 35.6127 Longitude:-82.3634 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: August 4, 2016 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? r t 401 Wetland Cert. existing? i t Permit # { Does DWR RO have enough information to { determine if a 401 certification is required? Is an O & M Plan needed? YES NO Are wetlands disturbed at this site? r c Does DWR RO suspect or know of nearby wetlands to the site? t (JD Is a wetland delineation required prior to DWR issuing the permit? (Consultant r r Onsite? Pp%o Rantamhar 9nin 0 • Print this form to PDF Return PDF of this form to DEMLR CO by email, cc DEMLR RO, DWR SPU Send a copy to the permittee. AM AM (Offsite? Stream Determination Needed? { Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Needed? :f Buffer Determination Completed? I Recycle system permit existing? ( Permit # New Recycle System permit required?* I Enough information to determine? { Non -discharge permit existing? (Permit #IF (Unknown. Will wastewaters discharge to HQW waters (7Q10 permittee with a 7Q10 =0? ( Flow: must determine. IF— C Has Violation (IO&M Requirements (; HQW17Q 10 Concerns Does DWR require DEMLR to hold the (I Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit because DWR requires more information)? ( Other. Please describe the reason to hold the permit: RO contact: ( Hold Until: Mine must wait to dewater until an O&M plan is approved? Reviewed by: DWR RO Surface Water RO Aquifer Protection Section Regional Office Regional Office Date Date: Rati CPn1PmhPr ?ni o HEDRICK INDUSTRIES July 06, 2016 Judy Wehner NCDEQ, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Permit: Grove Stone and Sand Permit 11-01 Certified Mail: Dear Judy: I would like to renew mining permit ##11-01 for an additional 10 years. The permitted acreage is 1026 acres and the allowed to disturb acreage is 352 acres. The permitted acreage is decreasing by 24 acres as a result of removing the leased areas of current tenants from our mining permit boundary. The allowed to disturb acreage increased by 2 acres as a result of better mapping. The mining of this tract of land will not invoke any of the seven denial criteria listed under G.S. 74-51 of the Act. • No rule or regulation will be violated by mining this land. • The tract contains no streams, rivers or lakes that could affect fresh water, estuarine or marine fisheries. • This operation will not violate any standards of air quality, surface water quality or ground water quality. There are no wells nearby that could be affected. • Sufficient berms and buffer zones will be provided as shown on the mine map, • There are no publicly owned parks, forests or recreational areas nearby. • There are no streambeds or lakes close enough to be effected. Proper slopes will be maintained and reclamation will follow mining in a timely manner • B.V. Hedrick Gravel & Sand Company has no uncorrected violations under this or prior mine permits. If you have any questions please call at 828-686-3844 Sincerely, /, ., �_ Jason Conner Environmental Director 0 0 APPLICATION FOR A MINING PERMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RECEIVED APPLICATION FOR A MINING PERMIT JUL 112016 (PLEASE PRINT OR TYPE) LAND QUALITY MINING PROGRAM Name of Mine Grove Stone and Sand County Buncombe River Basin French Broad Latitude (decimal degrees to four places) 35.6127 Longitude (decimal degrees to four places)-82.3634 2. Name of Applicant* B.V. Hedrick Gravel and Sand Company Permanent address for receipt of official mail** PO Box 425, Swannanoa, NC 28778 Telephone (828) 686-3844 _ _ Alternate No. ( 4. Mine Office Address 842 Old US HwY 70 W Black_Mountain, NC 28711 Telephone (828) 686-3844 5. Mine Manager We hereby certify that all details contained in this Permit Application are true and correct to the hest of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. 45t ***Signature � Date 7 /6 Print Name Joe Lordi Title President/COO — Western Division This will be the name that the mining permit will be issued to and the naive that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 0 • APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: ❑ If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 11-1 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 1026 ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ NoEl If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portionof this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of a mining permit, indicate the mining permit number and e the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Crushed Stone 3. Mining method: ❑Hydraulic Dredge Dragline & Truck Other (explain): ®Front-end Loader & Truck ❑ Shovel & Truck Self -loading Scraper 4. a. Expected maximum depth of mine (feet) 600 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Reference Elevation 2400 ft. b. Expected average depth of mine (feet) 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ 0 0 APPLICATION FOR A MINING $kMIT If yes, when and by whom was this activity conducted? B. V. Hedrick Gravel and Sand 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six copies of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 50' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919)733-2423 htti)://aortal.ncdenr.orv-/web/Ir/aeoloaical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical_ Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.orv,/it/p,is/ 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the We of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. 0 0 APPLICATION FOR A MINING XMIT • C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Logging as needed. 2. Installation of sediment and erosion control structures 3. Clearing and grubbing of pit area, fill areas, roads, stockpile areas and plant area 4. Overburden removal in pit area and placement in fill areas. Grading of roads and plant area. 5. Plant construction 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include .specific plans far sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details ofeach measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Sediment basins, diversion ditches and silt fencing will be installed prior to any land disturbance. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No E. If Yes, briefly describe all such processes including any chemicals to be used. Water will be pumped to the processing plant and will be utilized in the washing of construction aggregates. The process water will then be released to a series of settling ponds in a closed loop recycle system and then reused at the plant. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Any discharge will be from mine dewatering that is not used as processing makeup water. APPLICATION FOR A MINING P%MIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ❑ No �. If yes, do you intend to dewater the excavations)? Yes ❑ No ❑. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet ohe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. Mine dewatering in granite formations does not normally impact neighboring wells. There are no existing wells within 500 feet of any area of activity. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NPDES Permit: NCG020150 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes M No ❑. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Air Permit #: 11-743 from WNC Regional Air Quality Agency b. How will dust from stockpiles, haul roads, etc., be controlled? Wet suppression through the use of water trucks on roads and stockpiles and the use of spray nozzles on the plant equipment • 0 APPLICATION FOR A MINING &IT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum of 50 feet will be maintained between activity and adjoining property. Note berms and buffers on map b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 50 foot undisturbed buffer shall be maintained between any affected land and any adjoining waterway or wetland. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 50 foot unexcavated buffers will be maintained and construction of slopes with 2:1 angles will ensure prevention of instability and landslides. Also cut and fill slopes will be re -vegetated quickly to provide stabilization as soon as possible. 0 0 APPLICATION FOR A MINING WMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Shown on map c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). All slopes of unconsolidated material will be constructed at a minimum of 2:1 d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Bench heights will be 45 to 50 feet. Bench widths will be determined during course of operation 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Natural wooded buffer and vegetated earthen berm will be used for screening and buffer. The property is surrounded predominantly by woodland. No structures are within 300 feet of any proposed excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(v). Large boulders will be used around pit perimeter during active mining and permanent fencing will be used where necessary during periods of inactivity. Permanent fencing will consist of 3 strands of Barbed wire on 5 feet high posts at 8 feet centers. APPLICATION FOR A MININGORMIT �J 9. Are acid producing minerals or soils present? Yes: No: X If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. A minimum natural tree buffer of 50 feet will be left for screening. Also berms as shown on mine map will be constructed, planted with grass and wildlife mixture and planted with pine seedlings as needed. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned ark, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigate? No 11. Will explosives be used? Yes X No ❑. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structures) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. Explosives used will be primarily ammonium nitrate/fuel oil mixtures as well as gels, primers, and non electric detonation devices. Proper stemming, pattern layout, knowledge of borehole geology and proper use of delays are used to prevent fly -rock. Seismographs will be used on each shot to monitor air blasts and ground movement. No explosives will be stored on site. Note location of nearest structure on site map. All blasting will be done by off -site contractors. Peak particle velocity of ground motion shall not exceed 1 inch per second and air blast overpressure shall not exceed 132 decibels as measured from the nearest offsite building or dwelling. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes ® No ❑. Ifyes, describe these materials, how they will be stored and method of containment in case o f'spill. Indicate the location(s) of all storage facilities on the mine map((). Fuel oil, lubricants and degreasing solvents will be stored in above ground concrete containments and will meet all applicable standards. APPLICATION FOR A MINING ORM IT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Our intended plan is to re -stabilize the site as closely as possible to a balanced, stabilized, primarily Forested ecosystem. We will adapt and incorporate ideas from the Wildlife Resources Commission As well as the Land Quality section and other agencies to help achieve this. The general methods to achieve this will include grading and discing to establish adequate slopes and soil preparation. We will then re -vegetate to establish primary vegetation as well as secondary succession. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes N No ❑. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No ❑. If yes, specify species. The bodies of water that will be left are shown in blue on the reclamation map. These are ponds left over from pre-1972 mining. They have been stocked with bass, crappie, and catfish. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Boulder berms or safety fence will be installed along perimeter high walls in order to minimize safety hazards. APPLICATION FOR A MININGORMIT L 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations.for such areas must be provided on the reclamation map. Overburden and or spoil material will be utilized in the construction of berms onsite. The berms will constructed on a 2:1 slope, stabilized and seeded with various grass types and tree plantings. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. The processing facility will be removed from the site upon completion of mining. The process, stockpile, and roadway areas will be graded, stabilized and seeded. b. Will any on -site roadways be left as part of the reclamation? Yes N No ❑. If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. Permanent entrance road will be left b. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off -site enerated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. All waste products generated onsite will be disposed of offsite to appropriate contractors or waste facilities such as landfills and scrap metal dealers. APPLICATION FOR A MININGORMIT 9 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2000 lbs/acre or follow soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):2000 ibs 5-10-10 per ac. SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seedina Dates: Seedine Rates: Browntop millet May -Sept. 20 lbs/ac. Kobe lespedeza May -Sept. 20 lbs/ac. Switchgrass May -Sept. 5 Ibs/ac. Winter Wheat Sept.- April 120 lbs/a Kobe lespedeza Sept. -April 20 Ibs/ac. Switchgrass Sept. -April 5 Ibs/ac. Creeping red fescue May -Sept. 5 Ibs/ac. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Grain straw at a rate of 2000 lbs/ac. and anchored appropriately OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Jason Conner Title Environmental Director Agency Hedrick Industries 0 APPLICATION FOR A MININARMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59, LANDOWNER: Signature: Print Name: Joe Lordi (Title, if applicable) Company B.V. Hedrick Gravel and Sand (If applicable) Address: 842 Old US Hwy 70 W, Black Mountain, NC 28711 Telephone: (828) 686-3844 Date Signed: 7/-///1 APPLICANT: Signature:* Print Name: Joe Lord] Title: President/COO Western Division Company: B.V. Hedrick Gravel and Sand Mine Name: Grove Stone and Sand Telephone: (828) 686-3844 Date Signed: 7/�l I G *Signature must be the same as the individual who signed Page 1 of this application. N O o II � U �u 03 -� U � � N N C •3 � O MU W Q� Q z� E U 2 W.E. 2274.8 I! g227 ?277.9 �2267.0 / -j22725 N O �J CCi U CC$ Q y cis W Qj ci U U M C� Ri Cd Q, O C� C� N CUB M d- w�1i �O O 00 U L =v 5 1 \f13147.2 Vvz 4�, 4 a �9Q11 VL !al1.9 VL \� V � .�mv �1L1� Haas 000 - �a VL a�lf 4 I n U O 0 F MIS'% -7. J / 0 jl \ rna•a_ _� , � , 6 L l i q ,SUWA� N r✓ 4� o �P \ Jt) a tP99! pvw i 0 I C/1 W:14- a � W Zz Q Q� Q Q �z� Q o H WW Q Q ¢ a 0 0 0 O Ln U O Q O Z � � N O d O Z U a o w c Q m U cl� �M E" O o CIO aEn2 z W fix�!! P4 ^W W 17� I� O W N x rl C CQcCQ N M co C r_ T W J W a U < a N p Z w U U O NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist October 22, 2009 Mr. Jason Conner B V Hedrick Gravel and Sand Company 7 Yorkshire Street, Suite 102 Asheville, North Carolina 28803 RE: Permit No. 11-01 Grove Mine Buncombe County French Broad River Basin Dear Mr. Conner: Beverly Eaves Perdue, Governor Dee Freeman, Secretary Your recent request to have the above referenced mining permit modified has been approved. The modification includes the addition of a two acre berm with a 25 foot undisturbed buffer along the property line/permit boundary and the addition of a haul road around the new pit expansion area as indicated on the Site Map last revised September 14, 2009, This modification reflects no change in the affected acreage at this site. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following condition where minor additions or changes were made: Operating Condition No. 4C. 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 1050 acres and the amount of land you are approved to disturb is 349 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dlr,enr.state.nc.us!pages/landqualitysection.html An Equal Opportunity / Affirmative Action Employer - 50% Recycled / 10% Rost Consumer Paper Mr. Conner October 22, 2009 Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Since ply, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWfjw Enclosures cc: Ms. Janet Boyer, PE Ms. Shannon Deaton-WRC, wlenclosures Mr. Bradley Bennett-DWQ, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, wto enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of 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: B. V. Hedrick Gravel and Sand Company Grove Mine Buncombe County - Permit No. 11-01 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION_ DATE: July 14, 2016 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, .the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a -designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications July 14 2006: This permit has been modified to increase the permitted acreage to 1050 acres due to better mapping and the affected acreage at this site to 349 acres. This modification includes the addition of 266.7 affected acres within the permit boundary, as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. October 22, 2009: This permit has been modified to include the addition of a two acre berm with a 25 foot undisturbed buffer along the property line/permit boundary and the addition of a haul road around the new pit expansion area as indicated on the Site Map last revised September 14, 2009. This modification reflects no change in the affected acreage at this site. Page 3 Expiration „Date This permit shall be effective from the date of its issuance until July 14, 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: 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.storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C: Environmental Management Commission and enforced by the Division of Air Quality. B. During processing operation, 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. B. Sufficient buffer (minimum 100 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, with the exception as outlined in Operating Condition No. 3C. Page 4 C. The buffers along the Left Fork of the North Fork of the Swannanoa River shall be maintained as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. D. All buffer zones (minimum 50 foot unexcavated) shall be maintained to protect adjoining property. E. Gravel shall not be excavated from any live streambed. Buffer zones shall be maintained between the North Fork Swannanoa River, Laurel Branch, Granny Cove, or any other permanent watercourses and any mine excavation. Vegetation along any watercourse that is undisturbed as of the date of permit re - issuance shall not be disturbed by mining activities. The width of the required buffer zone as measured from the too edge of the stream channel nearest the mine area to the nearest top edge of the mine excavation shall be 100 feet unless otherwise specified by the Department. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. All mining activities associated with the addition of the two acre berm and the addition of a haul road around the new pit expansion area shall be conducted as indicated on the Site Map last revised September 14, 2009 and supplemental information received by the Land Quality Section on August 5, 2009 and September 17, 2009, D An erosion and sediment control plan(s) shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised 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. E. No pit expansions or land disturbing activities shall be conducted in the "Future Pit Expansion Area" as indicated on the Site Map, received by the Land Quality Section on May 10, 2006, until a modification to expand in this area has been submitted to and approved by the Department including a complete erosion and sedimentation control plan. Page 5 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 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 The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting; A. Ground Vibration With Monitoring; In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Page 6 c U. } 4.4 t ' 3`enl�Ct /�yy 4. a 0.75 lntset 00.7 , 4 V ! . JL ul E- 43 n l s .I:�, ! 0:3 j, , 100 Bta�sR Vibiafion Freg6enw Mz �, Figure t A�Pter �fi bfas rr 46- 4f.dnh" .Sourtr rOdt id trpmfi grA ,_ 1urc aU: ct ,1f,�s i B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DIDg)2 Dg = Wi12 V = 1 60(D$)-' .s W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Page 7 DS = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. C. Air blast With Monitorin : Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as. a dwelling house, church, school, or public, commercial or institutional building, Unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max Level, Measuring System, in Hz in dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (D/Wo.33)-1.2 P = 20 x log (U/2.9x10`9) Confined Air blast/Overpressure (dBL) for quarry situation: A=P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). Page 8 The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. E. Record Keeping: The operator shall maintain records on each individual blast describing: the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting: If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary, Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. H. Fl rock Re ortin : Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Page 9 Studies: The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedence of a level allowed by these blasting conditions. The operator shall mane every reasonable effort to incorporate the studies' recommendations into the production blasting program. J. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10, Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. Page 10 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from. both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rigor to commencement of such disposal; 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 11 14. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 15. Archaeological Resources Authorized representatives of the.Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided BY-G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2. .The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: Page 13 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reyegetation Plan: Disturbed areas shall be permanently revegetated as per the following: Permanent Seeding Specifications Dates February 15- April 1 April 1- July 31 August 1- October 25 Species 'Korean Lespedeza Fescue Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet October 25- February 15 Rye (grain- temporary) Soil Amendments Rate. Lbs/Acre 10 40 1 15 50 30 40 120 Lime: 2000 Ibslacre or follow recommendations from a soil test. Fertilizer: 1000 Ibslacre B-8-8 or 10-10-10, or follow recommendations from a soil test. Page 14 Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued December 29, 1980, renewed April 26, 1982 and December 14, 1995 and renewed and modified July 14, 2006, is hereby modified this 22Id day of October, 2009 pursuant to G.S. 74-52. ey: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Wehner, Judy From: Riddle, Shawna Sent: Friday, October 09, 2009 11:25 AM To: Wehner, Judy Subject: comments for Grove Stone # 11-01 Judy - The map submitted is adequate. Would like to see measures installed as stated if needed during grading in the gray areas. Other than that we have no additional comments. Please let me know if you have any questions. Thanks- Shawna Shawna Riddle - Shawn_a.Riddie@ncderv.gov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources - Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 At INNING CHECKL]ST F04OUrNG Applicant's Name: , & 4 ddg f� d,�i--S _ Project Name_ „Yi iv Ir p Applir,JPermit No- LL—�County: Date received: Q I7 Reviewer: River Basin Name: JA6,xa�J .� l] New r Renewal Modification (inside permit boundarfee) 0 Modification (outside permit boundaries) C] Transfer ❑ Release ❑ Partial Release Additional lrttormation a Fee Needed: $ C Fee Received: $ Please mate errors a- a r�Q: VI Regional OffiCe (2 wrnpieta Copies, artach the "LQ5 Regional Office Mining Application Review aeckiist` to one copy and attach �=h she DWa anti DAQ "Mining Application Review Form" to the other Dopy; Send bcth,copic5 to the ,Regional Engineer) Rate: Routed �. Reed lI Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new appfieattons and modification rcc�uesth that add land to �.he peririt) Phase mute fi= 5 aga af the appliai-Cloy jl3d-amy loaaVon ma.to! ❑ Division of Parks & Recreation Date: Routed Reed J NC Geological Survey 5ection Date: Routed Reed (Only new applications and modification requests that add Eand to the perrrhit) Division of Archives & History Date: Routed Reed (Only new appiications) ❑ Other. Date: Routed Reed 75u5pen5e Date for Comment&. /l, v (no later than 25 days from receipt) 0 Please note the following: HEDRICK INDUSTRIES 15 Yorkshire St. Suite 302 Asheville, NC 28803 September 14, 2009 Judy Wehner NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Permit: 11-1 Dear Judy: RECEIVED SEP 17 2009 L� 0 QUALITY SECTION In response to your September 1, 2009 letter the following changes have been made. The permitted acreage is 1050 acres, allowed to disturb 349 acres, and the currently disturbed acreage is 311.60. One change from the original map is the reduction of acreage for the haul roads. In recalculating disturbed haul road acreage it was calculated to be 30 ac instead of 40. The disturbed acreage includes the addition of the berm, grey area, and haul road that will be constructed in the future pit expansion location. The sediment control for the gray areas will be the pit itself and the existing erosion control ponds located below the pit. If during the grading process if check dams, silt fencing or other erasion control devices are needed they will be installed. The silt fence has been extended around the proposed berm. If you have any questions please call me at 828-277-7030. Sincerely, Jason Conner Environmental Director rJc NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist September 1, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1122 7460 Mr. Jason Conner B V Hedrick Gravel and Sand Company Inc. 15 Yorkshire Street, Suite 302 Asheville, North Carolina 28803 RE: Grove Stone and Sand Mine Mining Permit No. 11-01 Buncombe County French Broad River Basin Dear Mr. Conner: Natural Resources Beverly Eaves Perdue, Govemor Dee Freeman, Secretary We have reviewed the modification request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: The renewal and modification issued July 14, 2006 specifically states that only 349 acres may be affected and not the 948 acres stated on the new mine map. If you add the affected acreage categories there is a total of 279.6 acres. The map indicates 351 acres is disturbed_ The pre-1972 acreage should not be included with the affected acreage unless your company plans on re -disturbing the area. Please clarify these acreages. Any areas proposed to be disturbed that have not been disturbed to date should be clearly indicated. Revise the acreage if - necessary. 2. Clarify the sediment control for the "gray" areas. 3. Please extend the silt fence around the comers ,of the proposed berm until vegetation takes hold. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Certified Mail Mr. Conner Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter -to submit all of the requested information. If you are unable to meet this deadline and wish -to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as, soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, J dith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Ms. Janet Boyer, PE 08-31-'09 14:39 FRO#DENR 828-299-70430 T-734 P002/002 F-755 August 31, 2009 Judy - Comments for # 11-01. ajNew gray and shaded area does not show any measures. Need measures for initial stripping and grading. L: Haul road does not contain measures and needs a road profile. ' Could we ask for a smaller scaled map? 4 At the berm area - silt fence needs to be extended around comers of the berm until vegetation tapes hold, Thanks - Shawna - will be faxing water quality comments. buncombe county has a local program for air quality issues. 08-31-'09 14:13 FPO - CDPNP 828-299-7043 T-733 P001/001 F-754 li�� � V d 1. 4 . Tf�� MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Project/Number: _ 6VI)vt. W -9 """ _County: &VALU&JLe Please return comments back to: Comments due by: 101 wri�1, ,4� w Ay A%%,, 07�t� Will the operation, as proposed, violate standards of water quality? p �,.�n Q:c<is , Bev o JM% Comments:__ .,a , Yr rs 6 Spot: t,!,j ,,. a � _ _ j44 r rv�. i�!_ G .-t. ��.z. 7r? I asp r� rL ..- 6Rc to 'Ri_ „A&RA eAr P'�aP��sca_ a&Al._ _ r,E fm 4n1 Wac_&pX AE A<-Ce SA - Watershed/Stream Name & Classification: - %,uT M 6-19 -ll NO NPDES permit required NPDES permit existing (Permit # C(4DU15o 3 Nondischarge permit required T z Nondischarge permit existing (Permit # Wetlands disturbed "J1kIit)wpj 401 Wetland Cert, required 401 Wetland Cert. existing {Permit D J=(Lz Reviewed by: Date: , z- 4n r Print Name:�r S'4s&'t! .. W,1,'ry"i Central office Reviewer: Rev Dec 2006 08-31-`09 14:39 F DEAR 828-Z99-7043� T-734 P001/002 F-755 �o j 0 d 1 -_a- f (k � MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY 64vtv41"t pp PrajecUNumber: Scd Tq w County:_Dyn1c U AJLe - Please return comments back to: _ S`W`w'`c- �'u(' Comments due by: gri 1 01 w'n{� Au. u?*u W Will the operation, as proposed, violate standards of water quality? P—�tr� _ gg56 `FWD 1NP0 Comments: � ,XL Z. _ Wu IN l •rW-Z _ i�i r JW- hN. _s �1 :.1, l at; I�R� �n1 iu? Ak_�A �' Pc����,,,�� iF �� ..`�o► WL� � �rs� I�+�. ��c��541� Watershed/Stream Name & Classification:_ %txq 64, lw*. j� .vvk �. � 1 C— r' �A$ V7 YES 6 - 79 -11 - CI 3) NO NPDES permit required NPDES permit existing V/ (Permit #,-� C_-V Z.c) I So ) Nondischarge permit required z Nondischarge permit existing (Permit # )u.J Wetlands disturbed U'JV,00 'tfj 401 Wetland Cert. required (,thl-N0v1f4 401 Wetiand Cert. existing (Permit # ) porgy}:. ce p«c Reviewed by: t` _ Date: b z Print Name: `.SvE►+r~s�nt _ _ _ _ Central Offtae Revlawae Rev Dec 20M +NN� �.�".•,..`.=^ r;, `,:.mil J `.,� v`� -,�-- 'q°".--! - �' J 9 North Carolina Wildlife Resources Commission K� Gordon Myers, Executive Director MEMORANDUM TO: Brenda M. Harris„Mining Program Secretary Land Quality Section NC Department of Environment and Natural Resources CEE f : D FROM: Dave McHenry, Mountain Region Coordinator A116 I ?��� Habitat Conservation Program t fVi, :�tziRi_ITY S CT1 DATE: August 27, 2009 SUBJECT:. Mining Permit Modification. — BY:. �Hedrick Gravel and. Sand. Company . Grove:Stone and Sand Mining Permit No. 11=1 Staff with the NC Wildlife Resources Commission (Commission) reviewed the application for the subject mining permit modification. This modification involves construction of a haul road and berm within the existing permitted mine area. Comments from the Commission are provided under provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5) and the North Carolina General Statutes (G.S. 113-131 et. seq.). The Commission does not anticipate undue adverse effects of this mine permit modification on fish and wildlife resources. However, the Commission reiterates its concerns made in January 12, 2006 comments on the mine permit renewal about potential erosion from the main haul road as well as the channel obstruction caused by the ford in the North Fork Swannanoa River (see attached). These issues may have been addressed since these comments were offered. If not, then the Commission again requests that they be given due consideration as part of this permit action. The Commission also requests that erosion control and reclamation plans include planting that would benefit wildlife resources. Sericea'lespedeza and tall fescue, which are often listed in seeding plans, should be avoided because they -are invasive and inhibit the establishment of native plants that are more valuable as wildlife forage and•cover. A mixture of creeping red fescue, red clover, and oats is a good alternative that will allow native grasses,and other plants to; volunteer overtime. Moreover, creeping red fescue does not Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 B.V. Hedrick Gravel and *Company Page 2 • August 27, 2009 Grove Stone and Sand have the high soil fertility requirements of tall fescue. The Commission's Division of Wildlife Management (contact Kelly Hughes, 828/651-8380) can provide more information and ideas on mine erosion control and reclamation to benefit wildlife. Thank you for the opportunity to review and comment on this permit action. Please contact me at (828) 452-2546 extension 24 if there are any questions about these comments. cc: Mr. Bob Graham, B.V. Hedrick Gravel and Sand Company Ms. Elizabeth Hughes, Stewardship Biologist, NC Wildlife Resources Commission Attach: 85 1018[6]MA L1i1ui TO: Brenda M. Harris, Mining Program Secretary Land Quality Section NC Department of Environment and Natural Resources FROM: Dave McHenry, Mountain Region Coordinator Habitat Conservation Program DATE: January 12, 2006 SUBJECT: Mining Permit Renewal for B.V. Hedrick Gravel and Sand Company, Inc. Grove Quarry Buncombe County Mining Permit No. 11-1 Staff with the NC Wildlife Resources Commission (Commission) reviewed the application for the subject mining permit renewal. We are familiar with the fish and wildlife resources in the project area. Portions of the mine site were visited on January 11, 2006. Our comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5) and the North Carolina General Statutes (G.S. 113-131 et. seq.). B.V. Hedrick Gravel and Sand Company, Inc. is requesting a 10-year renewal of its permit to mine crushed stone from 1603 acres near Black Mountain. The permitted area will not change. The North Fork of the Swannanoa River borders much of the east side of the mine site. Aquatic habitat here has historically been degraded by channel and floodplain mining, channel relocations, floodplain filling (e.g. levees), and sedimentation from mining and agricultural land uses. During the visit, we observed several major stream bank failures adjacent to and immediately upstream of the mine site that occurred during flooding in late 2004. These failures are likely the predominant sources of the extreme sedimentation that now occurs in the river. The river currently supports a fishery that should be dominated by redbreast sunfish, stonerollers, and hogsuckers. Trout and other fishes that are less tolerant of poor habitat conditions could dominate this fishery if, in part, sedimentation was reduced. The Commission encourages the Land Quality Section to work with this mine toward minimizing its sediment contributions to the river. An inspection of the mine was conducted by your staff in June 2005. Sediment and erosion control was determined to be good with only minor improvements needed. Evidence for some minor sediment loss from the haul road to the river was observed during the recent site visit. The haul road could B.V. Hedrick Gravel and ACompany Page 3 Grove Stone and Sand 0 August 27, 2009 contribute large amounts of sediment to the river during storm events because of proximity to the river, the fine materials on the road surface, continual disturbance by heavy equipment, and the overall large area it covers. Therefore, we believe that that drainage and sediment control practices from this area should be carefully evaluated and improves, if necessary. A primary reason our staff wanted to visit the mine site for this renewal involved a river crossing that we observed from adjoining private land shortly after the flooding in 2004. At that time, the river was high and the crossing, which was comprised of large shot rock, was well above the water level. The crossing is now a ford comprised of gravel and a low dam of shot rock and rip rap situated about 10 feet upstream. There was gravel about 40 feet downstream of the ford that had been washed out, which indicates that the ford requires periodic maintenance. Mr. Conner with B.V. Hedrick Gravel and Sand Company, Inc. indicated that the crossing was rarely used to access some monitoring wells on the opposite side of the river. I mentioned that the crossing in its existing state may be harming aquatic resources by creating a fish passage impediment or blockage during low stream flow periods. The dam also has backed water up and probably eliminated some riffle and run habitats in the channel. Finally, the dam itself and periodic addition of rock to the crossing may be causing stream channel instability. The Commission believes that this crossing represents an undue threat to aquatic life in the river and that it should be rectified with an improved ford, if one is necessary, that is more stable and that does not constitute a fish passage impediment. Thank you for the opportunity to review and comment on this permit action. If there are any questions regarding these comments, please contact me at (828) 452-2546 extension 24. cc: Mr. Jason Conner, B.V. Hedrick Gravel and Sand Company, Inc. Mr. David Baker, U.S. Army Corps of Engineers, Asheville Mr. Kevin Barnett, Division of Water Quality, Asheville 7-;VA NGDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue Thomas A. Reeder Governor Director August 17, 2009 MEMORANDUM TO: Judy Wenner Land Quality Section FROM: Paul Williams %�' Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Modification Request for: BV Hedrick G & S Co. Grove Stone and Sand Buncombe County Dee Freeman Secretary R'r-� AUG .17 2oog LAN0 QUALITY SI=CT1aN Please find attached a copy of the mining permit modification request for the above referenced project. The Grove Stone and Sand Mine located in Buncombe County does appear to have an unduly adverse effect on ground water supplies. The mine will need to continue registering (Facility ID: 0420-0001) their water withdrawals since their withdrawals are over 100,000 gpd (1.62 mgd). The registration form may be obtained off of the www.newater.ork, website. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215,22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone; 919-733-40641FAX: 919-733-3558 Internet; www.ncwater.org An Equal Opporlunily 1 Aifirmai ve Action Employer —50% Recycled 11G% Post Consumer Paper NorthCarolina Naturally ©� . , yn NCDENR 0 North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Director and State Geologist August 6, 2009 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water R sources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section Beverly Eaves Perdue, Governor Dee Freeman, Secretary 10 2009 OTMO OF WATER RESOURCES SUBJECT: Mining Permit Modification for BV Hedrick G & S Co Grove Stone and Sand Buncombe County Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on August 31, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. . PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 HEDRICK INDUSTRIES 15 Yorkshire St. Suite 302 Asheville, NC 28803 AUG L ti...; 2:�;;r .. August 1, 2009 Judy Wehner NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Permit: 11-1 Dear Judy: I would like to modify our Grove Stone and Sand permit to add a 2 acre berm adjacent to our property lines as shown on the site map. This would increase our disturbed acreage from 946 to 948 and our currently disturbed acreage from 349 to.351. I would like to request that a 25' buffer be maintained between the berm and property boundary. In doing this it will help in establishing more stockpile area in that location. I have also shown on the mine map a new haul road and our planned expansion of the quarry shaded in light gray. This is being constructed in the area listed as future pit expansion that has been previously approved. If you have any questions please call me at 828-277-7030. Sincerely, Jason Conner Environmental Director rjc i .i MINING CHECKLIST FOR ROUTING Applicartt's Name: }v n Project Name:. 146t &yd ApplicJPermit No.: _j( County: tw Date Received• r� Reviewer.. O- River Basin Name: 444-14AOIJ ❑ New ❑ Renewal l�,Modification (inside permit boundaries) C Modifrcation (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional lnformation ❑ Fee Needed: $ Fee Received: $ 2` 22 P� fPaae route_ entire applic is r�ge to: [_ _k I V, )�-L Regional office (2 complete copies: attach the "TQ5-R gional Office Mining Application Review Checklist" to one copy and attach h=� "Mining Application Review Form" to the other copy, send bout copies to the Regional engineer) Date: Routed 'O' k. 9 Reed Division of Water Resources Date: Routed Reed q(N" C Wildlife Resources Commission Date: Kouted Reed C U5 Fish & Wildlife 5ervice Date: Routed Reed (only new applications and modification rcquests that acid land to the permit) r 0 Division of Parks & Recreation Date: Routed Reed Cl NC Geological Survey Section Date: Routed Reed (only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (only new applications) l7 other: Date: Routed Reed "5ur7penee Date for Comments: (no Later than 25 days from receipt) C Please note the following: AN a NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, RG., P.E. Beverly Eaves Perdue, Governor Director and State Geologist August 6, 2009 Dee Freeman, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water R sources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for BV Hedrick G & S Co Grove Stone and Sand _ Buncombe County ❑ Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on August 31, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide -for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. August 6, 20p9 Director and State Geologist 9 MEMORANDUM TO: Mr. David McHenry Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris 4s;_V� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for BV Hedrick G & S Cc Grove Stone and Sand Buncombe County Beverly Eaves Perdue, Governor Dee Freeman, Secretary Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by August 31, 2009 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-71M891 512 North Salisbury Street, Raleigh, North Carolina, 27604 — -- - -_ a.i/dtii'iu,.a_:!•�iL�•9:l'Cq;Sei ;'•%5�.•. • 4 ■ y� • No. 100011085 6531 • 3V HEDRICK GRAVEL S SAND COMPANY -1.0. BOX 1040 DATE AMOUNT )ALISBURY, NC 28145-1040 7/31/09 $**750.00 'AY SEVEN HUNDRED FIFTY *********************************** 00/100 DOLLAR NOT NEGOTIABLE AFTER 60 DAYS TO THE ORDER NCDENR .OF DIVISION OF LAND QUALITY .-NC WACHOVZA AUTHORIZED SIGNATURE _SOROER CONTAINS MICROPRINTINO_ ^-`y•_u Y J _� Ll HEDRICK INDUSTRIES 15 Yorkshire St. Suite 302 Asheville, NC 28803 August 1, 2009 Judy Wehner NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Permit: 1 I -1 Dear Judy: KEMED AUG 0 5 2009 SECTiON I would like to modify our Grove Stone and Sand permit to add a 2 acre berm adjacent to our property lines as shown on the site map. This would increase our disturbed acreage from 946 to 948 and our currently disturbed acreage from 349 to 351. 1 would like to request that a 25' buffer be maintained between the berm and property boundary. In doing this it will help in establishing more stockpile area in that location. i have also shown on the mine map a new haul road and our planned expansion of the quarry shaded in light gray. This is being constructed in the area listed as future pit expansion that has been previously approved. If you have any questions please call me at 828-277-7030. Sincerely, Jason Conner Environmental Director rjc 0 0 NORTH CAROLINA DEPARTMENT OF EN AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Rl,:CIENED AUG 0 5 2009 Y plD 1. Name of Mine Grove Stone and Sand County Buncombe River Basin French Broad Latitude (dd.mm.ss) 35-36-36 Longitude (dd.mm.ss) 82-21-49 2. Name of Applicant* B.V. Hedrick Gravel and Sand Company 3. Permanent address for receipt of official mail** 15 Yorkshire St. Suite 302 Asheville, NC 28803 Telephone 828-277-7030 4. Mine Office Address 842 Old US Hwv 70 Swannanpa,NC 28778 Telephone 828-686-3844 5. Mine Manager Bob Graham We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Date Print Title President * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. * * * Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -i- APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that tie "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covereJTy the existing permit: Mining Permit No.: 11-1 Total permitted acreage: 1050 Does the modification involve acreage within the previously approved permitted boundary? Yes X No _. If es, indicate the acreage to be covered by thus modification (this is the acreage that the "major modification" fee will be based upon): 2 Does the modification involve acreage outside the previously approved permitted boundary? Yes No X . if yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes X No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): 2 acres d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y Me existing permit: Mining Permit No.: Total permitted acreage: ■ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: crushed stone 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel &Trxk Dragline & Truck Self -loading Scraper Other (explain) -1- 4. a. Expected maximum depth of mine (feet) 500 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Reference elevation 2400 ft. b. Expected average depth of mine (feet) 400 5. Has any area(s) at this site been mined in the past? Yes x No If yes, when and by whom was this activity conducted? B.V. Hedrick Gravel and Sand 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -2- ow-4-4mv-mmml wimEll pollroloo, m Z 0 Zu 0 m m < n U)LU o z (n z m 70 m m z m D r D m m 00 00 l0,0 `JO ^ ` om /�finn; Nm O~ c Nn V'z o0 CDm Om I O A m soon r t Inr G3AI3= 0 � �C � co co COCO - I �o CO I o CA iV l 1 Frl x c � � r o � x mx � co O O y W N . n w D �u O Z � x 0 0 Z 0 a -O O < D m m D m 0 O O 0 D m G) O rT� O z W z Ci �U) O D CD — z �o m o zz C M (� 3 F71 I 0 T U ®rl r r Ali • as 1 �1� IM) u J ssz •�(}oado�d }o pua Deddn oo; .,; l sn � loi}uoo }uawipas puo ua3so��_�- 1 \ \ ( fUed rude tdd- t ate- i ,L) >D� ��t >>>>�°r�x��� o m m r� C F, r m 0� 0 � r Z d Z y m c� o z o o cn d z x m —I C fTl r- [) O d C � o � !� m d Cn C7 d C r O �CC)u d � O CA m� r '� CA L � Li'� IJ LI IJ Q n J OCJl -P N (I O Oo O 0-) 0-) O Q Q Q Li ( �t LaJ -oajo }uold jo; Ioi}uoo }uawipas puo u01soU3 1 Zak i 1 I 1 S IIm AN AGe NCDENR - North Carolina Department of Environment and Natural Resources Division of Land Resources - James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary July 14, 2006 Mr. Jason Conner BV Hedrick Gravel and Sand Company 7 Yorkshire Street, Suite 102 Asheville, NC 28803 RE: Permit No. 11-01 - Grove Mine Buncombe County - French Broad River Basin Dear Mr. Conner: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted acreage to 1050 acres due to better mapping and the affected acreage at this site to 349 acres. This modification includes the addition of 266.7 acres to be affected within the permit boundary as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. A copy of the renewed and modified permit is enclosed. The new expiration date is July 14, 2016. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request 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. 1 B, 2A, 3, 40, 8, 10B, 12, and Reclamation Condition No. 3. Please note that no pit expansions or land disturbing activities shall be conducted in the "Future Pit Expansion Area" as indicated on the Site Map, received by the Land Quality Section on May 10, 2006, until a modification to expand in this area has been submitted to and approved by the Department. The modification must include a reclamation plan, pit cross - sections, a complete erosion and sediment control plan, proof that any permits required by the Division of Water Quality have been obtained, etc. The number of acres allowed to be disturbed in this renewal and modification is 349 acres and not 946 acres as indicated on the Site Map received by the Land Quality Section on May 10, 2006. As a reminder, your permitted acreage at this site is 1050 acres and the amount of land you are approved to disturb is 349 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Page 2 Mr. Conner Please review the renewed permit and contact Mrs. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerel , loyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRW/kh Enclosures cc: Ms. Janet Boyer, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. Wiliam Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures - DEPARTMENT OP ENVIRONMENT- -- ----- __ _ AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of 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: B. V. Hedrick Gravel and Sand Company Grove Mine Buncombe County - Permit No. 11-01 for the operation of a Crushed Stone Quarry which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: July 14, 2016 Page 2 In accordance with the application for this mining permit; which is hereby approved by the Department of Environment and Natural Resources hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment -and -for - reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized bylaw. 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 July 14, 2006: This permit has been modified to increase the permitted acreage to 1050 acres due to better mapping and the affected acreage at this. site to 349 acres. This modification includes the addition of 266.7 affected acres within the permit boundary, as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. Expiration Date This permit shall be effective from the date of its issuance until -July 14-, 2016. - - Page 3 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: 1. Wastewater and Quarry Dewaterinp 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 storm water runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary storm water permits or other approval documents. 2. Air Quality and Dust Control A. Any mining related process producing air contaminant emissions including fugitive dust shall be subject to the requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division.of Air Quality. B. During processing operation, 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, B. Sufficient buffer (minimum 100 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, with the exception as outlined in Operating Condition No. 3C. - C. The buffers along the Left Fork of the North Fork of the Swannanoa-River shall --- be maintained as indicated on the Site Map, received by the Land Quality Section on May 10, 2006. Page 4 D. All buffer zones (minimum 50 foot unexcaVated) shall be maintained to protect adjoining property. -E, Gravel shall not be excavated -from any live streambed. Buffer -zones. shall be - maintained between the North Fork Swannanoa River, Laurel Branch, Granny Cove, or any other permanent watercourses and any mine excavation. Vegetation along any watercourse that is undisturbed as of the date of permit re - issuance shall not be disturbed.by mining activities. The width of the required buffer zone as measured from the top edge of the stream channel nearest the mine area to the nearest top ed a of the mine excavation shall be 100 feet unless otherwise specified by the Department. 4. Erosion and Sediment Control A. Adequate mechanical barriers including, but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Site Map, received by the Land Quality Section on May 10, 2006.- C. 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. D. No pit expansions or land disturbing activities shall be conducted in the "Future Pit Expansion Area" as indicated on the Site Map, received by the Land Quality Section on May 10, 2006, until a modification to expand in this area has been submitted to and approved by the Department including a complete erosion and sedimentation control plan. 5. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 5 6. Graded Slopes and Fills A. The angle for graded slopes and fills shall be no greater than the angle which - can be retained by -vegetative cover -or other -adequate erosion control measure; - - - structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. 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. Blastin The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. 8B and 8D of this permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: A. Ground Vibration With Monitoring: In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 1 (below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building. Page 6 U O N 1 �U Q � 1.5 y CL 0.3 0 0. 13 0.5 3: 7.5 a ai d c o.: y i 4 to 20 410 100 Jlast'Abration Frequency, Hz 4�'-Ve1..'rfer i'SourcP,JureBe- B. Ground Vibration Without Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DIDg)z DS =-D Wirt V = 160(Dg)-'-' W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). Page 7 Dg = Scaled distance factor. V = Peak Particle Velocity (inches per second), -- - - -- The peak particle-velocity.of any -component -shall not exceed 1.0 inch per- second, for the purposes of this Section. C. Air blast With Monitoring: Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Max'Level, Measuring_ System, in Hz in_dBL 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 6.0 Hz or lower -flat response 129 peak D. Air blast_ Without_ Monitoring: In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: To convert U (psi) to P (dBL): U = 82 (DIW°'33)-1.2 P = 20 x log (U/2.9x10-9) Confined Air blast/Overpressure (dBL) for quarry situation: A= P-35 U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site -to the nearest inhabited -building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). Page 8 The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. - - - - _ E.--- Record Keeping: The operator shall maintain records on each individual blast describing; the total number of holes; pattern of holes and delay of intervals; depth and size of holes; type and total pounds of explosives; maximum pounds per delay interval; amount of stemming and burden for each hole; blast location; distance from blast to closest offsite regularly occupied structure; and weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. F. Excessive Ground Vibration/Air blast Reporting If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. G. Flyrock Prevention: The operator shall take all reasonable precautions to ensure that Fyyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent Flyrock and repeated instances of Fyyrock shall be considered a violation of the Mining Permit, H. Flyrock Reporting: Should Fyyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: 1. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall, at a minimum, document - the cause(s) of -the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. Page 9 Studies: The operator shall provide to the Department a copy of the findings of any -----seismic studies -conducted at the mine site in-response-to-an-exceedence of a--------- -- level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. Notice: The operator shall, when requested by the Department, give 24-hour advance notice to the Land Quality Section Regional Office prior to any blast during a period for which notice is requested. 9. High Wall Barrier A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope. 10. Visual Screening A. Existing vegetation shall be maintained between the mine and public thoroughfares to screen the operation from the public. Additional screening methods, such as constructing earthen berms, shall be employed as deemed appropriate by the Department. B. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 11. Plan Modification The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. Page 10 12. Refuse Disposal A. No on -site disposal of refuse or other solid waste that is generated outside of the - -- mining permit area shall be allowed within -the, boundaries of -the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management, No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that.the refuse will be disposed at least 4 feet above the seasonally high water table; and 5, verification that a permanent vegetative groundcover will be established 13. Annual Reclamation Report An Annual Reclamation- Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. Page 11 14. Bondina ------ -- 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. Archaeolo ical Resources Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. Page 12 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition -on the continuing validity of that -Mining Permit: Additionally; the -Reclamation Plan is -a-------- - — separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. 2, -The-specifications for surface gradient restoration to a surface suitable for the planned- -- future use are as follows: Page 13 A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. B. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 12A through 12D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetati_o_n_Plan: Disturbed areas shall be permanently revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Korean Lespedeza 10 Fescue 40 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime: 2000 lbslacre or follow recommendations from a soil test. Fertilizer: 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Page 14 Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination -of mining. This permit, issued December 29, 1980, and renewed April 26, 1982 and December 14, 1995, is hereby renewed and modified this 14th day of July 2006 pursuant to G.S. 74- 52. By: X z'. JIV James D. Simons, Director ' Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources i UNITED STATES POSTAL SERVICE First -Class Mail Postag WSPSe & Fees Paid Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • DENR-DIVISION OF LAND RESOURCES LAND QUALITY SECTION 1612 MAIN SERVICE CENTER RALEIGH NC 27699-1612 Please make the following change of your records for: Jason Conner Hedrick Industries 15 Yorkshire Street, Suite 302 Asheville, NC 28803 The address below is our former address. 'n E(•�� p} / Thanks, Hedrick Industries _r '•i ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. i Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, ✓ or on the front if space permits. 1. Article Addressed to; MR JASON CONNER SV HEDRICK GRAVEL & SAND CO 7 YORKSHIRE STREET SUITE 102 ASHEVILLE NC 28803 A. 13 Agent 6. i1#cWed�bY(PrHnfed Name) C. Date of Delivery D. Is delivery address different from Rem 14 U Yes if YES, enter delivery address below. ❑ No 3, Service Type C,ertlfied Mali ❑ press Mail Registeredturn Receipt for Merchandise ❑ Insured Mai! ElC.O,D. 4. Restricted Delivery? Xxtm Fee) 1) yes 2. Article Number 7002 3150 0003 7044 6059 mnnsfar from servke hfto PS Form 3811, February 2004 1 5` 1D Domestic Returns Receipt /� r �} D B 102555-02-M•1540 .- ... .. _ .., - — ,�.�r.-.•L-.'.�:...:.i�-.;3.].T.=•^+�'.�•-'�.,�c+.x,......:-.x�+...... f...--'L�--ter-•.�..�>,.-uc�+...-.....--.... �__ .-ti. , - -- North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (PERMITTED I. MINE NAME -�V OVC 51MC 3. OPERATOR 9 OrA v i r K f-, v P w'� A 5. ADDRESSI <:bLy + S,A 1 6. PERMIT EXPIRATION DATE -q I 14 11 8. Person(s) contacted at site. JIA S0V1 lrJl' 9. Was mine operating at time of inspection? 11. Date last inspected: 11 / 14 / V6 12 13. Is the mine in compl}' ance with the Operati If no, explain: O(V h(t 1 0'V d, (h (yt � A- rA MINE) 2. MINING PERMIT # ?u(Lrrv"9. COUNTY Te A 1.11 L M7 t' 7. RIVER BASIN �wr, -f^ �] Yes ❑ No 10. Pictures? ❑ Yes Z No Any mining since last inspection? ❑ Yes ❑ No Conditions of the Permit? ❑ Yes No R 4 �), 1-1 6 14. Is the mine in compliance with the Reclamation Conditions of the Permit? 2' Y If no, explain: C�'1 t -- > l N t, e -_ 15. Did any of the above deficiencies result in offsite damage? ,F Yes ❑ No If yes, describe the\ type and severity of the d/am�'age:) uv bid 1ti U f r � t v �.r v. �{ /^ �T> �T u _ rw o t � � , � � � _ l Vf V ! l)wl �� ;�0 •E� � /,t� f��/ti-C. F � � 41 �1�4C�' -U I NA-) J11 IF •','r � �i l7 /71-c F 1i r ti -i 1.,�� l 11gj /.r},; v t"7""i.. f -V (rG{e( [ 11, i- � "Oiler I rr. Q. r elC VVIA t. 16. Corrective measures needed and/or taken' Iell W I fl Cat, IV ('A , (,1 itc ru,, s €-v r e' I r-c , ,4 rr /fk •pGf. .IV �'Oti �C l�Y2itn jct v 1 S�"►� -e'-dr� � �"tU�� 'i�� J, � �lx dire 1-1, be e I cwd on c r_r 4?ncksl1).a-e F1 t ref c I L If <F& 1»1, f*-e44 -A �vc.r rc rcN ,zc.4v1 j,r.. A. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? e Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? 0Yes ❑ No Proposed date 10 0/ e'9 20. No. of additional pages of Inspection Report 21. Copy of Report sent to operator G 19 I / S (date) INSPECTED BY: q1if 1 �r 13,,1,1114 z. /�f'� �- DATE / Ll 1013 Telephone No: S 746 t11;70 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 MINE INSPECTION REPORT Land Quality Section 1. Operator : -At 0, (/ (, , : r it'd f_.. / � •V 2. Mine Name 3. County: r4 d-;'!._ 4. Is site permitted? Yes t,--No 5. Permit No. .'! � 6. Person(s) Contacted: , 11 )r 7. Was mine operating at time of inspection? Yes --,No 8. Pictures? Yes_ No 9. Date Last Inspected:,) /!lJ_ /.''ZO. Any mining since last inspection? Yes- No 11. If mine is not under permit cite evidence of recent mining activity: 12. Are public safety provisions in compliance with the permit? Yes, --'No 13. Is the mine in compliance with the Operating Conditions of the permit? Yes' -"' es No If no, explain: 14. Is the .mine in compliance with the Reclamation Conditions of the permit? YesX No If no, explain: 15. Did any of the above deficiencies result in offsite sedimentation? Yes No % If yes, what measures are needed? 16. Is the Annual Reclamation Report and map accurate? Yes-- No If no, explain: - 17. Other (recommendations and comm6nts ; 17, rf-1i if. rdr,", '+e t-J1h.L .r aL[7 .^e .r�1 !�' V� .,jilt t+.r,-lj'f _.!••.l� Gl i,, l�l�fff��rf! d [i .!}tI r�i ,¢f.J~%f'l�+j_. T .! r• /.+4f ,1v�7.. 47 I/(_,L14 - /•�+_J,�.!' 1�.J 1_. '� ! f +r .�t �7_i. r(./!.<I _J �•L � �, , 1$. Follow-up inspection needed? Yes Na Proposed date:r. �•, / i�_r,� t' ' f 19. Copy of report sent to operator? Yes'l 1"'11,17 No No. of add'l pages ! (date) INSPECTED BY: DATE: // n MINE INSPECTION REPORT Land Quality Section Asheville Regional Office P.O. Box 370 Asheville, NC 28802 (704) 253-3341 1. Company: E3 V ifCp24i 2. County:_A�f'vmD� 3. Mine: 4. Permit No. - 5. Person Contacted: M I 1(c p itJ 6. Date Inspected i',� 7`7 7. Pictures: Videotape Slides Other + I 8. Was mine active on date of inspection? Yes Er/ No 9. Erosion Control Measures taken.v 10. Describe any offsite damage. 11. Are public safety provisions in compliance with permit? L6d ' 10/ 12. Waste Disposal measures taken. 13. Is Annual Reclamation Report form accurate? Yes No If no, explain 14. Reclamation accomplished since last inspection. *�_. No. of acres 15. Reclamation measures needed. J��� /iiKf .tom 7 �!!� /} �f/GC e..,.!• 16. Other recommendations 1] & comments: /// L�l.//. i NJViw Ir��r, �•/ %�! f LF [.i /FT '..'~!:Y .: / /!r I'I ,•. ��. • II )N - !A 17. Were recommendations made to operator at site? Yee No 18. Follow-up inspection needed? Yes t"' f / No 19. Copy sent to operator? Yes %� , f�i/Es (date) No INSPECTED BY. 4 v'.;� /i 1�•..� - North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section nn (PERMITTED MINE) 1. MINE NAME S"Tbx-1r. 2. MINING PERMIT E �' 3. OPERATOR _tA/ Cv=-4eL w S�fl Ce . 4. COUNTY 5. ADDRESS03 42s r.wAa1AA"oA, tsL _ 6. PERMIT EXPIRATION DATE l Z r4 JOS 7. RIMER BASIN +t 69o&Z-1 8. Person(s) contacted at site LAOnm 9. Was mine operating at time of inspection? Q'Yes ❑ No 10. Pictures? ❑ Yes Q T- o 11. Date last inspected: _ 1 ! / 12. Any mining since last inspection? &�"Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑l�s Cl No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? U✓ es ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes type and severity of the damage: o If yes, describe the 16. Corrective measures needed and/or taken: t-�k,tC: Al THE Cu(a.ca w-' 17. Other recommendations and comments: _ SituG N T��S� t�, AR:n5 �{� 1 S. Is the Annual Reclamation Report +/-map accurate? U�Ycs ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes E1,No Proposed date 1 I 20. No. of additional pages of Inspection Report . 21. Copy of Report sent to operator INSPECTED BY: _ i.� \1. _ Telephone No: ci 9 White copy to file Yellow copy to operator Pink cony to Mining (date) \ DAV 3 /1'7 /92 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section lvlllZ'1.J 111N0.rj'11..11V1'N 1%X-drunt (PERMITTED MINE) 1. MINE NAME (' r 1,r �,,,< 2. MINING PERMIT # 11 - 1 3. OPERATOR -.P,J. Li 1�, t�. ��� . , t - _ 4. COUNTY' 5. ADDRESS [=' � 7�i A 1 � 6. PERMIT EXPIRATION DATE �3, / f L.' 7. RIVER BASIN 8. Person(s) contacted at site1-t 9. Was mine operating at time of inspection? Rl''4res ❑ No 10. Pictures? ❑ Yes C&-No 11. Date last inspected: 1 i / ' n / ci12. Any mining since last inspection? ©' es ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? /yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? WlVes ❑ No If no, explain: .....� �, 15. Did any of the above deficiencies result in offsite damage? ❑ Yes type and severity of the damage: Yes, w�d/or taen:{T'� .,.ldedan�16. Corrective measuresnee�f „ r..,-e- I4, •-.-#- IQ a 17. Other recommendations and comments:, -7 rA:i n ..1 r r „n 18. Is the Annual Reclamation Report +/-map accurate? ---'Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes 20. No. of additional pages of Inspection R INSPECTED BY: Telephone No: L White copy to file No Proposed date _. 21. Copy of Report sent to operator DATE `l I Yellow copy to operator Pink copy to Mining Specialist -ti .-w.... ,r• ,..-,x�-v�..�. �v-.,J<<TiNy.:y�:..i �� -m�1` _., 1-�'�i. `Kn-•`••�J'cr. .,+-: ,�,.,: w•.�.� .. -rr. HIV , i, r +•- e. , f_. •� ,� North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section -�, (PERMITTED MINE) 1. MINE NAME N , ! i + i I f, 2. MINING PERMIT #_ 3. OPERATOR E _tk�c.-(n A yt4 q Sa., A Or 4. COUNTY LR'. ,y C,1 ,, bv_ 5. ADDRESS ''LICVV 6fV rmt' Sq4dig la r_ I e. N c. 6. PERMIT EXPIRATION DATE_ 11 - - ,,?n I b _ 7. RIVER'BASIN 8. Person(s) contacted at site -j_o *0n Crn n aF _ 9. Was mine operating at time of inspection? ;K Yes ❑ No 10. Pictures? TLYes ❑ No 11. Date last inspected: U 14I / 0S 12. Any mining since last inspection? .Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes ❑ No If no, explain: _,4.94,!Luj C't`-rrk:&.s - 3 11.E Sim 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No.� If no, explain: ` )Lt4,. i 5 , RA ce r) o Ott r.Pn_,rr, , tLdAa �t,c.r�c1c r ,�._1 f V-ltZa. 15. Did any of the above deficiencies result in offsite damage? Eff Yes ❑ No If yes, describe the type and severity of the damage: 71 lP l3 &AV �f && d ', 6 4.1.4;t/ir "h? I,-, -Y, . N 6�wet z . rq #0 �.14 d k_. t /,/'I,-7`1,a1_l. 6Y 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) §� Not Reviewed 19. Follow-up inspection needed? Yes ❑ No Proposed date 2 / 15l 0& 20. No. of additional pages of Inspection ReportQ. 21. Copy of Report sent to operator/2_/ i (date) INSPECTED BY: 1 J4.1tt._ DATE 11 / 1,51092 Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 MINING CHECKILI5T FOR ROUTING Applicant's Name: gy kWV'C Project Name: Applic./Permit No.: � � )� ounty: ���NUNV3�- Date Received: Reviewer. V\1 Yam. River Basin Name: ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release jAei' itionai information ❑ Fee Needed: $ ❑ Fee Received: Regional Office (2 complete copies,; attach the "LQS Regional 0 fice Minin A lication E�eview Checklist" to one co and attach the DWQ an DA 9 pp copy Iz� d Q "Mining Application Review Form" to the other c ;send both copies, to the Regional Engineer) 1�te: Routed 1 - 2 - tD Rec'd ❑ Division of -Water Resources Date: Routed Rec'ci ❑ NC Wildlife Resources Commission Date: Routed RBC'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applicaticns, and modification re,�Ucate that add land to the permit) ❑ Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requeet5 that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) ❑ Other: Date: Routed RBG'd **5uopen5e Date for Comrnent5: A (no later than 25 days from receipt) �pl note the following: 900Z o T Avw ..'xr.YIV.WT�ei{MMr`iyI.1.N.N✓Y�........-. rv^wM��'^'.�. __....--.,r .. �..."r./Y'.. vv.�. i. - . - . ..,.--.r'i'+Aw,�M.l.-...._. ..... .� .. -.. .. ... .. 1x1A..: rli�l. as✓��.^I n.. H ry f �YT.'n1.� y �4 rf`-vn. ram. pp - North Carolims Depar mat of Environment and Natural Resourw.% Dividon of Laud Resoar=4 Land Quality Section MM) 1. MDW, NAME rPOV-( �n - 1p 2. MINING PERMIT # rb 3.OPERATOR 4 VV RICAVI(Y-1��AU,i X In«k-r-1, ) 4. COUNTY il t,0(ji 5. ADDRESS k �r N& I ' - � h k �� i �o �� 7f �»la r t�0� ��_ - 6. MOM EXPIRATION DATE 7. RIVER BASIN w r fl -, i --i 1,7f A 8. Person(s) cantacted' at site 1 , T 1 } t t v' 9. Was mine operating at time of inspection? .C) Yes D No 10. Pictures? D' Yes ❑ No 11. Date last inspected: -1 ! f R 1 10 12. Any mining since last inspection? E) Yes ❑ No 13. Is the nine in compliance with the Operating Conditions of the Permit? ,Z Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclama fiem ' Conditions of the Permit? ❑ Yes ❑ No If no, explain: 1S. Did any of the above deficiencies result in offdw damage? ❑ Yes ,Q-No If yes, de= -be the type and severity of the damage: .. 4P no C 16. Corrective measn= needed and/or taken: 1rY s 17. Other recommendations and comments: r",r iI I i, ,1 v f I) A 117 ,, 6 11 1 n i r, <, 18. Is the Armual Reclamation Report +/-map accurate? ,G Yes ❑ No (Explain) IJ Not Reviewed 19. Follow-up inspection needed? ❑ Yes M No Proposed date 1 I' 20. No. of additional pages of Inspection Reporter . 21. Copy of Report sent to operator dam INSPECTED: 1 v 1 r" I u �` t 4� X' ► �� ��'� i • �,� DATE _-1 / i .1 t Telephone No: (� /�� � ��b �!�'I�l1 White copy to file MOW CON to operator PfMk copy to Mama Speei&W 1"7 !BEAM Mine Ent Screen t Permit No.: j issue date / Release date r ed ane acrea d acrea e�AQ Bond type g mount !Mu ation date s Mine acrea a screen releases Permitted acreage in new acres reclaimed (mine excavation category) F Subject: BV Hedrick Grove MAO From: Janet Boyer <Janet.Boyer@ncmail.net> Date: Mon, 19 Jun 2006 17:05:48 -0400 To: Kristin Hicklin <Kristin.Hicklin@ncmail.net> CC: janet.boyer@ncmaiI.net Kristin, I have the following comments on the Grove Mine map: .1b 1. The legend colors are "off'. I can not tell "area not permitted" from "area not aoas disturbed ..... they are 2 sh es of green and 'they don't match up with the legend. �� a 2. The map shows 3 "zoomed" are or erosion and sediment control details, however, o details are shown. Are there calcs provi for the basins shown? 1 f V'CV� ro'LUONA.1 . Janet S. Boyer, P.E. Janet.Boyer@ncmail.net. North Carolina Dept. of Environment and Natura Resources Asheville Regional Office Division of Land Resources - Land Quality Secti n 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828--296-4500 Fax: 828-299-7040 Janet Boyer, PE <Janet.Boyer crrncmail.net> Division of Land Resources - Land Quality Section NC DENR - Asheville Regional Office ,_ ....�...�—r..u.r-..F.,..c�.r.,,,o1y...� .. �.;i4�;rn,- ;,wri.*...� ,,.Y..,�,,,,.,w,,,••a,r.-• MINING CHECKLI5T FOR ROUTING Applicant's Name: I14 a v, r..tC. Project Name: C vonjl= MtV-.k- Applic.f ermit o.: o ounty:AVt Cc.Yw _Date Received: 6+-7-OG Reviewer. i5,41K River basin Name: BV oas ❑ New J ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release Odditional Information ❑ Fee Needed: $ VFee Received: $ 0O , C) Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach ftath the E)WQ and DAQ "Mining Application Review Form" to the other copy, send both copi s to the ,� �iomal Engineer) Date: Routed 1 t� 7 ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commi551on Date: Routed Reed Q US Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History (Only new applications) ❑ Other **5uapen5e Date for from receipt) ipleaee note the following: Date: Routed Rec'd Date: Routed Rec'd 5 . D(o CDniment5: (no later than 25 days -�G r;a E HEDRICK INDUSTRIES 7 Yorkshire St. Suite 102 Asheville, NC 28803 June 5, 2006 Kristin Hicklin NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Kristin: I have enclosed the modification check for our Grove Stone and Sand Quarry permit no. - If you have any questions please call me at 828-277-7030. rj c Sincerely, Jason Conner Environmental Director GROVE STONE AND SAND 6182 SPSCIAL—ACCOUNT --- _ — -- -- --- P 0 BOX 1040 SAUSBURY, NC 28145-1040 • BB-211y3p I` DATE June 2, 2006 � " PAY _ M HE N.C. Dept. of Environment & Natural. Resources �+# 500.00 � i ORDER OF M .p ----------- Five hundred and no/100------------------------------ ° DOLLARS B� w ® wAC$CFV]rA TWO SIGNATURES REQUIRED Wpthlrvip Bank, NA a� .,� • - -,—,- ... ... "'.... moo..}j/yN1.�pf As+f7v"rsw-_.--.__-_ "_ ` __�. . - _ _, � - ._ �_ - --„�"�'V•T�wd"�' - `.x-.yummy MINING CHECKLIST FOR KOUTING Applicant's Name: M � ����� Project Name: CC��r� fV�c A lic./Permit No.: 0� : Count ?--A'VkC- � 11J�- Date Received: pp y p Reviewer: 4V 4. • t� River 5aoin Name: ^ kv-t� ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside perNit boundaries) ❑ Transfer ❑ Release ❑ Fartial Release Mciditionaf fnformation ❑ Fee Needed: $ ❑ Fee Received: $ r l Regional 'Office (2 complete copier,; attach the "LQ5 Regional Office Mining Application Review Checklist" to one copy and attach t.Qtb the DWQ and DAQ "Mining Application Review Form" to the other opy; send both copies to the Kceional Engineer) ate: Routed - la -U(qRec'd ❑ Division of Water Reeource5 Date: Routed Rec'd ❑ NC Wildlife Resources Commi55ion Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Reed (Only new applications and modification rec[uestr, that add land to the permit) ❑ NC Geological Survey Section Date: Routed Pcc'd (Only new applications and modification requeste that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd "Suspense Date for Comments: later Lham 25 days from receipt) C 'leaec note the following: RE CEIVED o�. M Y 10 200# LAND QUALITY SECTION HEDRICK INDUSTRIES 7 Yorkshire St. Suite 102 Asheville, NC 28803 May S, 2006 Kristin Hicklin NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Kristin: I have enclosed the requested information from your March 29, 2006 letter. 1 have enclosed an updated mine map showing all the requested information. If you have any questions please call me at 828-277-7030. Sincerely, 6— /�Y4� Jason Conner Environmental Director rjc � � IREc�av D SAY 1 o 2006 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LLAND QUALITY S LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Grove Stone and Sand County Buncombe River Basin French Broad Latitude (dd.mm.ss) 35-36-36 Longitude (dd.mm.ss) 82-21-49 2. Name of Applicant*_ B.V. Hedrick Gravel and Sand Company__ 3. Permanent address for receipt of official mail** 7 Yorkshire St. Suite 102 Asheville, NC 28803 Telephone 828-277-7030 4. Mine Office Address 842 Old US Hwy 70 Swannanoa, NC 28778 Telephone 828-686-3844 5. Mine Manager Bob Graham We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Si ature � —$-) ADate '-zlilke Print Name Jeffery Goodman Title President This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- 0 APPLICATION FOR A MINING PERMIT NOTE: AR of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1, a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by Me existing permit: Mining Permit No.: 11-1 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 1050 c. If this is an application for a MODIFICATION to a r fining permit, indicate the mining permit number and the total (overall) acreage cover by a exis ' g permit: Mining Permit No.: 11-1 Total permitted acreage: 1050 SkA-� Does the modification involve acreage within the usl roved ppermitt oundary? Yes X No _. If yes, indicate the acreage to be cover t oN a ' (this is the a reage that the "major modification" fee will be based upon): 6 ',,q��„ Does the modification involve acreage outside the previou's p"proved pe�fnifted-boundMy �' Yes No X . If yes, indicate the additional acreage to be covered by this i modification: (NOTE: you must complete all of Section 1~ , of this application f;Rav- Of entitled Notification of Adjoining Landowners). this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes X No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added), if yes indicate the acreage to be affected within the acreage to be added to the permit (the total acr a to/ be added to the permit is the acreage that the "major modification" fee will be based upon : 46 acres d. if this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered By t e existing permit: Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: crushed stone 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel &Truck Dragline & Truck Self -loading Scraper Other (explain) -1- a 0 APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 500 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Reference elevation 2400 ft. b. Expected average depth of mine (feet) 400 5. Has any area(s) at this site been mined in the past? Yes x No If yes, when and by whom was this activity conducted? B.V. Hedrick Gravel and Sand 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 co ides, of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -2- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all nine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants maybe described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. in. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map, p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: i . Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -3- 0 APPLICATION FOR A MINING PERMIT A tabletchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing arealhaul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wasteplles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -4- • APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Logging as needed. 2. Installation of sediment and erosion control structures 3. Clearing and grubbing of pit area, fill areas, roads, stockpile areas and plant area 4. Overburden removal in pit area and placement in fill areas. Grading of roads and plant area. 5. Plant construction 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine maps) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Sediment basins, diversion ditches and silt fencing will be installed prior to any land disturbance. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No If yes, briefly describe all such processes including any chemicals to be used. Water will be pumped to the processing plant and will be utilized in the washing of construction Aggregates. The process water will then be released to it series of settling ponds in a closed loop recycle system and then reused at the plant. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). Any discharge will be from mine dewatering that is not used as processing make up water. -5- 0 s APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes No X . if yes, do you intend to dewater the excavation(s)? Yes No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. Mine dewatering in granite formations does not normally impact neighboring wells. There Are no existing wells within 500 feet of any area of activity. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water duality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation ties in a capacity use area and withdraws more than 100,000 gallons per day. NPDES Permit: NCG020150 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X No if yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Air permit#: 11-743-04 from WNC Regional Air Quality Agency b. How will dust from stockpiles, haul roads, etc., be controlled? Wet suppression through the use of water trucks on roads and stockpiles and the use of spray nozzles on the plant equipment. -6- • 0 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way_ It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum of 50 feet will be maintained between activity and adjoining property. Note berms and buffers on map. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 50 foot undisturbed buffer shall be maintained between any affected land and any adjoining waterway or wetland. b. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 50 foot unexcavated buffers will be maintained and construction of slopes with 2 : 1 angles will ensure prevention of instability and landslides. Also cut and fill slopes will be revegetated quickly to provide stabilization as soon as possible. -7- 0 APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Shown on map c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections for all cut slopes must be provided on the mine map(s). All slopes of unconsolidated material will be constructed at a minimum of 2:1 d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths ofall safety benches and mine benches, and the expected maximum depth of the excavation. Bench heights will be 40 to 45 feet. Bench widths will be determined during course of operation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Natural wooded buffer and vegetated earthen berm will be used for screening and buffer. The property is surrounded predominantly by woodland. No structures are within 300 feet of any proposed excavation. $. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). Large boulders will be used around pit perimeter during active mining and permanent fencing will be used where necessary during periods of inactivity. Permanent fencing will consist of 3 strands of Barbed wire on 5 feet high posts at S feet centers. -8- 0 0 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location ofall visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. A minimum natural tree buffer of 50 feet will be left for screening. Also berms as shown on Mine map will be constructed, planted with grass and wildlife mixture and planted with pine seedlings as needed. b. Could the operation have a significantly adverse effect on the purposes of a publicly ownedpark, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No 11. Will explosives be used? Yes X No . If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third - party blasting study). Locate the nearest offsite occupied structures) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. Explosives used will be primarily ammonium nitratelfuel oil mixtures as well as gels, primers, and non electric detonation devices. Proper stemming , pattern layout, knowledge of borehole geology and proper use of delays are used to prevent fly -rock. Seismographs will be used on each shot to monitor air blasts and ground movement. No explosives will be stored on site. Note location of nearest structure on site map. All blasting will be done by off site contractors. Peak particle velocity of ground motion shall not exceed 1 inch per second and air blast overpressure shall not exceed 132 decibels as measured from the nearest offsite building or dwelling. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes X No Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Fuel oil, lubricants and degreasing solvents will be stored in above ground concrete containments and will meet all applicable standards. WE i APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross -sections, ' of any permanent channels to be constructed as part of the reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. Our intended plan is to re -stabilize the site as closely as possible to a balanced, stabilized, primarily Forested ecosystem. We will adapt and incorporate ideas from the Wildlife Resources Commission As well as the Land Quality section and other agencies to help achieve this. The general methods to achieve this will include grading and discing to establish adequate slopes and soil preparation. We will then re -vegetate to establish primary vegetation as well as secondary succession. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No X . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No . If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Boulder berms or safety fence will be installed along perimeter high walls in order to minimize safety hazards. -10- • 0 APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Overburden and / or spoil material will be utilized in the construction of berms on site. The berms will be constructed on a 2:I slope, stabilized and seeded with various grass types and tree plantings. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. The processing facility will be removed from the site upon completion of mining. The process, Stockpile, and roadway areas will be graded, stabilized and seeded. b. Will any on -site roadways be left as part of the reclamation? Yes X No . Ifyes. identify such roadways on the reclamation map andprovide details onpermanent ditch line stabilization. Permanent entrance road will be left. 6. Describe the method of control of contaminants and disposal of scrip metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off site generated waste shall be disposed of on the mine site without 21jor written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps) and reclamation map, along with a list of items to be disposed in said areas. All waste products generated on site will be disposed of offsite to appropriate contractors or waste Facilities such as landfills and scrap metal dealers. • APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations foryear-roundseeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre):2000 lbs/acre or follow soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):2000 lbs 5-10-10 per ac. SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed TyQes: Sew Dates: Seeding Rates., Browntop millet May -Sept. 20 lbs/ac. Kobe lespedeza May -Sept. 20 lbs/ac. Switchgrass May -Sept. 5 lbs/ac. Winter Wheat Sept.- April 120 lbs/a Kobe lespedeza Sept. -April 20 lbs/ac. Switchgrass Sept. -April 5 lbs/ac. Creeping red fescue May -Sept, 5 lbs/ac. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Grain straw at a rate of 2000lbs/ac. and anchored appropriately OTHER VEGETATIVE COVERS — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name .Jason Conner Title Environmental Director Agency Hedrick Industries -12- APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as maybe reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to C.S. 74-59. LANDOWNER: Signature.: Print Name: Jeffery Goodman Address: 842 Old US 70 Swannanon, NC 28778 Telephone: 828-277-7030 APPLICANT: Signature:* Print Name: Jeffery Goodman Title: President Company: B.V. Hedrick Gravel and Sand Co. Mine Name: Grove Stone and Sand *Signature must be the same as the individual who signed Page 1 of this application. Six (6) conies of the completed applications six 6 co ies of all location maps, mine maps and reclamation maps, and the appropri_ateprocessi(see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 7334574. -17- y AwlA NCDENR North Carolina Department of Environment and Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested 7002 3150 0003 7053 8020 Mr. Jason Conner BV Hedrick Gravel and Sand Company 7 Yorkshire Street, Suite 102 Asheville, North Carolina 28803 RE: Grove Mine Permit No. 11-01 Buncombe County French Broad River Basin Dear Mr. Conner: March 29, 2006 • Natural Resources Michael F. Easley, Govemor William G. Ross Jr., Secretary pLACE STICKER AT.TOP OF ENYELOPE�7O�THE AIOHT PFTHE1-E711RH-A=6�E=5Tr L���T-POIIED-4�NE - - - -- ---- CfRiTLIFLIfD�Ni�A'li�� IIIIIIIIINII�IIIINIII�1II�V� i - 700= 3150 0003 7053 aozo Further review has been made of the application renewal request your company submitted for the referenced mine site. It has been determined that the explanation is not acceptable regarding the discrepancy of acres permitted (1,050) and acres approved to be affected (82.3) in the permit renewal issued on December 14,1995 and what the existing renewal request is asking for which is 1,603 permitted acres and 349 affected acres, I am enclosing a letter dated August 10, 1992 that was mailed to Ms. Beth Chesson, Assistant State Mining Specialist at that time, which states that Grove Stone and Sand owned was only permitting 1,050 acres of land although the Company owned 1,603 acres. Due to this discrepancy, the following information is needed to continue processing your application: 1. Provide this office with an accurate map, which outlines the 1,050 acres permit area and the 82.3 acres area that was approved to be affected in the December 14, 1995 renewal permit. 2. Provide am accurate map of any areas affected beyond the 82.3 acres that was approved to be affected in the 1995 renewal permit. 3. If you have any documents where the Department approved any additional areas to be permitted or affected beyond what was approved in the 1995 renewal permit, please provide them to this office. We do not have any modifications in our files, which indicates any approved additional areas. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal opportunity 1 Affirmative Action Employer — 50% Recycled 110% Past Consumer Raper Mr. Conner#11-01 Page 2 4. Please note that any expansion of the permit area beyond what was permitted in the 1995 renewal permit requires a modification approval and also notification to adjoining landowners. The expansion of the areas approved to be affected (82.3 acres), if within the area permitted (1,050 acres) in the 1995 renewal permit would require a modification and approval from this office prior to affecting additional areas. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application; please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's fifes at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sin ely, FloydWilliams, PG, CPG, CPM State Mining Specialist Land Quality Section cc: Ms. Janet -Boyer, PE GROVE STONE AND SAND BRANCH OF B.V. HEDRICK GRAVEL & SAND COMPANY HOME OFFICE DRAWER 1040 SALISBURY, NORTH CARCLINA 28144 CRUSHED STONE - WASHED SAND PLANT AND SHIPPING POINT • GROVESTONE, N.C. P.O, BOX A23 SWANNANOA, NORTH CAROLINA 28776 August 10, 1992 Beth U. Chesson Dept. of Environment Health and Natural Resources Land Quality Section P. O. Box 27687 Raleigh, N. C. 27611 Dear Beth: TELEPHONE SWANNANOA 704-686.3H44 FAX 704-656-3820 This letter is intended to help address some of the concerns that you outlined in a letter dated May 1, 1992 in regard to renewing our mining permit number 11-01 at our Grove mine. 1. In submitting the acreage to be included under the permit I inadvertently listed 1603 acres. This is the total acreage owned at this site and not what we intend to permit. This shall be 1050 acres as listed in our 1982 permit renewal and not the 1603 acres that I erroneously listed. 2. I have also included a signed copy of page one of the application form which I failed to sign. We have.no plans to reclaim any areas as bodies of water. As I stated in the initial permit application, at this time we intend to allow all settling ponds to fill with sediment properly sloping and incorporating topsoil and then seeding for proper vegetative cover. If in the future we should opt to reclaim any areas as bodies of water, we shall notify the Land Quality Section and submit the proper Reclamation Modifications. After consulting with Albert Hetzell in the Asheville office of the Solid Waste Section, we have elected to recycle and or dispose of all solid waste material in proper offsite disposal areas. MATERIAL SALES COMPANY - EXCLUSIVE SALES AGENT DRAWER 1040 - SALISBURY, N.C. 26144 - PHONE 704.683-4241 ate L. l� f� i As for the comments from the North Carolina Wildlife Resources Commission, we will be more than happy to incorporate their revegetation recommendations into our plans. Please feel free to contact me with any comments or questions. I look forward to hearing from you. sincerely, _ Jeff Lamm Geologist F.S. I will be forwarding new maps as stated in paragraph three of your initial review letter dated May 11 1992. 1CL/ jm 9e 14-i 6�F _s;:%4W r-x"� -,)aw"e d i r Subject: Grove Mine, Bunco*, 11-01 rr From: Mike Goodson <Mike.Goodson@ncmai1.net> y Date: Mon, 13 Feb 2006 09:29:24 -0500 To: Kristin Moyle <Kristin.Moyle@ncmail.net> Kristin, I have looked at the new mine map from Jason Conner of the Grove Mine. I do not have any comments on the submittal. I will file the map in our files. Mike Goodson - Mike.Goodson@ncmail.net Assistant Regional Engineer North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources, Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 Mike Goodson <Mike.Goodson cr,ncmail.ne_t> Division of Land Resources, Land Quality Section NC DENR - Asheville Regional Office 0 • MINING CHECKLI5T FOR ROUTING Applicant's Name:Q Project Name: Appiic /Permit No.: County: Ko- gA,_ Date Received: Reviewer: VRiver Basin Name: c.Ul BqJ ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside errnit boundaries) ❑Transfer ❑ Release ❑ Partial Release ldditionai Information ❑ Fee Needed: ❑ Fee Received: RD _ Regional Office (2 complete copies; attach the "D25 Regional Office Mining Application Review Checklist" to one copy and attach hath the DWQ and DAQ "Mining Application Review Form" to the other copy; Send i oth copies to the regional Engineer) ate: Routed -a -U(FRec'd ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) V Division of Park5 & Recreation Date: Routed gtc!4 ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd *5u5pen5e Date for Comment5:<) ` a `I (no later than 25 days from receipt) APlease note the following: HEDRICK INDUSTRIES 7 Yorkshire St. Suite 102 Asheville, NC 28803 January 27, 2006 Kristin Hicklin NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Kristin: RECEIVED JAN 3-1 2006 SECTION I have enclosed the requested information from your January 12, 2006 letter. I have enclosed an updated mine map showing all the requested information. The areas of erosion and sediment control have been highlighted on the map. We also have approximately 25 check dams along the haul road from the plant to the pit that handles any runoff during a storm event, I would also like to address the discrepancy between the total permitted and affected acreage from the previous mining permit renewal in 1995. The discrepancy comes from the use of updated information from the Buncombe County tax office and their ability to give me the latest property boundary information from their GIS department. Also when the 1995 modification was done the company was working off of old deeds dating from 1930 to 1970 and old aerial tax maps from Buncombe County. With the new technology from Buncombe County and our recent ability to have the entire property flown and mapped resulted in the discrepancy between the renewals from 1995 to 2005. Two thousand and five was the first year we were able to accurately map and identify all of our property boundaries. If you have any questions please call me at 828-277-7030. Sincerely, J" ason Conner Environmental Director rJc 0 0 9 0 AM NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resource_ s Land Quality Section James D. Simons, PG, PE Director and State Geologist Certified Mail Return Receipt Requested 7003 1010 0003 5645 1372 Mr. Jason Conner January 12, 2006 BV Hedrick Gravel and Sand Company 7 Yorkshire Street, Suite 102 Asheville, NC 28803 RE: Grove Mine Permit No. 11-01 Buncombe County French Broad River Basin Dear Mr. Conner: Michael F. Easley, Governor William G. Ross Jr., Secretary As discussed today in our telephone conversations, I have reviewed the application renewal request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please further clarify the discrepancy between the total permitted and affected acreage stated in the renewal application and the total permitted and affected acreage currently on -file. 2. Please revise the mine map or submit another scaled map showing locations of the erosion and sediment control measures currently utilized on -site. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612-919-733-45741 FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper is Mr. Conner Grove Mine #11-01 Page 2 Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter,as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Kristin Hicklin Assistant State Mining Specialist Land Quality Section cc: Ms. Janet Boyer, PE 01-11-'06 15:47 FROM -NC R ASHEVILLE RO 8282997043 T-542 P01/01 U-131 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Please return comments back to: Comments due by: Will the Comme County: 404)m n, as proposed, violate standards of water quaiity7 Watershed/Stream Name & Classification: NPDES permit required NPDES permit existing Nondischarge permit required Nondischarge permit existing Wetlands disturbed 401 Wetland Cert. required DEC 19 ES NO / (Permit #_NUOLOt5o (Permit # 401 Wetland Cert. existing (Permit # cf Reviewed by: �`�°`c{ 1`1��AK1;t"--Date: Print Name: OWNS Central Office Reviewer: 01-05-'06 11;31 FROM-W R ASHEVILLE RO 8282997043 T-517 P01/01 U-103 LANDTUALITY SECTION REGIONAOCIFFICF MINING APPLICATION REVIEW CHECKLIST -zoo, APPLICATION/PERMIT NO.: — 0 ACTION: New Modification enewal Transfer Release APPLICANT NAME: �yi-ck MINE NAME: Lag.., �-COUNTYI-V-tCCyV,,t . Administrative Issues: A. Is the site cuftntly under NOV? Yes No x lain: B, Is the site under LAMA jurisdiction? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map. Yes No Explain: 6. Are the proposed buffer zones adequate(Yes No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated Ye No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated Yes No Explain: E. Is visual screening needed? Y No Explain: F. Are the oposed rosion and sedimentation control measures properly located to prevent offsite sedimentation . Yes No Explain: G. Is the proposed revegetationlreclamation plan acceptable(- cceptabl Yes o Explain: Date inspected: Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office taff to erify the adequacy of t e E&S measures, Please provide any concerns opCommc�pts:r. Other Comments: Wha was the apglication._routed to and when?' Division of Air Quality: _ Date: Division of Water Quality (Water Quality Section only): Date: Other: Date: Inspector/Reviewer's Name: _ _ _ _ Date: Regional Engineer's Name: Date: • 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist January 4, 2006 Ms. Alice Coppedge Buncombe County Tax Department Real Property Division 60 Court Plaza, Room 306 Asheville, North Carolina 28801-3551 RE: Grove Mine Mining Permit No. 11-01 Buncombe County French Broad River Basin Dear Ms. Coppedge: Michael F. Easley, Governor William G. Ross Jr., Secretary We are writing this letter at the request of Mr. Jason Conner of B. V. Hedrick Gravel and Sand Company, Mr. Conner asked this office to verify the amount of pollution abatement area on the above referenced mine site. As per the recent renewal request, it appears approximately 63 acres is currently used for tailings/sediment ponds. The Mining Act was passed in 1971. This office cannot verify areas used for pollution abatement prior to 1971. If you have any questions, please contact this office at (919) 733-4574. incere_ly, L*hk A, udith A. Wehner Assistant State Mining Specialist Land Quality Section . FRW/jw Cc: Ms. Janet Boyer Mr. Jason Conner — B V Hedrick Gravel and Sand Company, 7 Yorkshire St., Suite 102, Asheville, NC 28803 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer - 50°% Recycled 110% Post Consumer Paper MINING ROUTING S JUDY W. v5 lo KRISTIN H. FLOYD W. MELL N. JIM S. COMMENTS: • !.ii�.� . RE: Tax certification Subject: RE: Tax certification From: "Jason Conner" <jconner@hedrickind.com> Date: Wed, 14 Dec 2005 15:28:30 -0500 To: "Judy Wehner" <Judy.Wehner@ncmail.net> Parcel No. 0609.05-19-6605 should be 53 acres. I apologize, I was going off another sheet by accident. Send the information to: Alice Coppedge Buncombe County Tax Department Real Property Division 60 Court Plaza, Room 306 Asheville, NC 28801-3551 Thanks, Jason Conner -----Original Message ----- From: Judy Wehner [mailto:Judy.Wehner@ncmail.net] Sent: Tuesday, December 13, 2005 4:52 PM To: Jason Conner Subject: Re: Tax certification Who should I send it to? I'll send it to whomever and copy you on it. Plus, where in the world do you have 80 acres in ARO for pond water? Sounds like a tale to me! Jason Conner wrote: I need a letter stating that the property's listed below and the acreage associated with these properties are used for settling ponds, waste water ponds, or part of our process water that is used on the plant for pollution abatement. Parcel: 0609.05-19-6605 80 acres._ 0609.13-03-5053 2.88 acres. 0609.13-04-3672 13.35 acres 9699.16-82-4567 14.24 acres 9699.16-92--2571 2.16 acres 9699.16-93-4471 5.5 aces Thanks, Jason Conner I of 1 12/ 15/2005 9:16 AM MINING CHECKL15T FOR ROUTING Applicant's Name:131 Pk V i c l- Project Name: 61r� Appliod rm� it N�.: County: � Date Received: Reviewer Y<<i1v`_ ��[_iiv� River Basin Name: Fvx.b\Cnnr�i ❑ New (& newal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑ Transfer ❑ Release ❑ Partial Release ❑ Additional Information ❑ Fee Needed: $ Fee Received: $_R 0 , Cu Regional Office (2 complete copies; attach the "LQ5-Regional Ice Mining Application Review Checklist" to one copy and attach l� AQ the WO L "Mining Application Review Form" to the other copy, Send both copie to the ional Engineer) Date: Routed �Rec'd Ii Division of Water kesources Date: Routed Rec'd AC Wildlife Resources Commi55ion Date: Routed Rec'd ❑ US Fish & Wildlife. 5ervice Date: Routed Reed (Only new applications and modification rc(�uest5 that add land to the permit) ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑ Other: Date: Routed Rec'd "5ulopenee Date for Commento: from receipt) xPleaeic note the following: �-� -oG (no later than 25 days NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 15, 2005 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. David McHenry Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for BV Hedrick Grove Mine Buncombe County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 6, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off -site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • EA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, P.G., P.E. Director and State Geologist MEMORANDUM December 15, 2005 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal for BV Hedrick Grove Mine Buncombe County Michael F. Easley, Govemor William G. Ross Jr., Secretary []Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 6, 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Govemor William G. Ross Jr., Secretary John Morris, Director December 20, 2005 MEMORANDUM TO: Ms. Brenda M. Harris Land Quality Section FROM: Stephen M. Webb P.G. C.W.C. Ground Water Management Section Division of Water Resources SUBJECT: Comments on the Mining Permit Application for: B.V. Hedrick Gravel and Sand Company Grove Mine Buncombe County 2005 ' l . • 1 .Y �N Please find attached a copy of the mining permit application for the referenced project. Based on the information provided,,it_is:unlikely-that-this=project-will:have-an=unduly-adverse=impact 4on:the,ground=water-resources in-the=vicin.ity-of-the=operation. Minimal information regarding the facility's dewatering is given in the application. However, given the amount of time mining has occurred at this site, it is most likely that any adverse impact it would have on the ground water supply in the area would have already occurred. Should any new impacts arise, they should be appropriately dealt with at that time. If you have further questions please contact me at (919) 715-5426 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. One 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 N4 Carolina Phone: 919-733-40641 FAX: 919-733-35581 Internet, www.ncwater.ora �tut+a�I �/ W>!aw"a dunk. N.A. '. DETACM AND RETAIN THIS STATEMENT TK ATUCHID QCCF IS N PATAID1 CO MWS COCtIM MIDW 1 NW COMO MIAM NO74Y US RW VRT NO UCM PF32 C GROVE STONE AND SAND SPECIAL ACCOUNT DACE INVOICE NUMBER DESCRIRTSON AMOUNT DEDUCTIONS NET AMOUNT PARTICULARS AMOUNT .2/6/05 For: 10 gr.mining permit renewal Grove Stone #530--015 500.00. 500.00 r: 0 HEDRICK INDUSTRIES. 7 Yorkshire St. Suite 102 Asheville, NC 28803 December 9, 2005 Judy Wehner NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Judy: RECEWED DEC 12 1005 !M QUAM SECT ON l.1*O t3Nv aDav I would like to renew our Grove Stone and Sand mining permit # 11-01 for an additional ten years. 1 have enclosed an updated mine map and mining application. The permitted acreage at this site is 1,603 acres and the disturb acreage is 349 acres. The permitted acreage and disturb acreage may have changed due to updated mapping preformed by Tuck Mapping Solutions in 2004. Also, the site map and reclamation map are the same. This site has not been mined in the past. If you have any questions please call me at 828-277-7030. Sincerely, Jason Conner Environmental Director rjc NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RECEIWD APPLICATION FOR A NIINING PERMIT DEC 1 P 2PPr (PLEASE PRINT OR TYPE) I LAID QUALITY SF-afe 1. Name of Mine Grove Stone and Sand County Buncombe River Basin French Broad Latitude (dd.mm.ss) 35-36-36 Longitude (dd.mm.ss) 82-21-49 2. Name of Applicant* B.V. Hedrick Gravel and Sand Company 3. Permanent address for receipt of official mail** 7 Yorkshire St. Suite 102 Asheville, NC 28803 Telephone 828-277-7030 4. Mine Office Address 842 Old US HM 70 Swannanoa, NC28778 _ Telephone 828-686-3844 5. Mine Manager Bob Graham We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit ***Si Print Name Title President Date �o1j .-4-112ooS * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securiW that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. ** * Signature of company officer required. G. S. 74-51 provides that the Department shall grantor deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. ow . . � � .. � I tl - • APPLICATION FOR A MINING PERMIT ft; 11 Z05 ■ NOTE: All of the following questions must be thoroughly answe '` mining operation for the intended life of the mine. All responses must be clearly conveyed on a corre ponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that' new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres'owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining;permit number and the total (overall) acreagejcovere - y- a existing permit: Mining Permit No': l l-1 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 1603 c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes_ No . If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): acres d, If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered y Me existing permit: Mining Permit No.: Total permitted acreage:____ _ ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: crushed stone 3. Mining method: Hydraulic Dredge Front-end Loader & Truck X Shovel &Truck Dragline & Truck Self -loading Scraper Other (explain) -1- a f r • 0. APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 500 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Reference elevation 2400 ft. b. Expected average depth of mine (feet) 400 5. Has any area(s) at this site been mined in the past? Yes x No If yes, when and by whom was this activity conducted? B.V. Hedrick Gravel and Sand 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six 6 collies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six-(6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919)733-7600 -2- LJ 0 APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights -of -way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if suff ciently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on -site haul roads. 1. Location of planned and existing on -site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -3- • APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tail ings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the lifc of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE -SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONVSTATEMENTS THROUGHOUT THE FORM}. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -4- p � 0 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. Logging as needed. 2. Installation of sediment and erosion control structures 3. Clearing and grubbing of pit area, fill areas, roads, stockpile areas and plant area 4. Overburden removal in pit area and placement in fill areas. Grading of roads and plant area. 5. Plant construction 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include speck plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Sediment basins, diversion ditches and silt fencing will be installed prior to any land disturbance. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No if yes, briefly describe all such processes including any chemicals to be used. Water will be pumped to the processing plant and will be utilized in the washing of construction Aggregates. The process water will then be released to a series of settling ponds in a closed loop recycle system and then reused at the plant. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X_ No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). Any discharge will be from mine dewatering that is not used as processing make up water. -5- I i Li APPLICATION FOR A MINING PERMIT c. Will any part of the e proposed mine excavation(s) extend below the water table? Yes X . If yes, do you intend to dewater the excavation(s)? Yes No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine maps) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. Mine dewatering in granite formations does not normally impact neighboring wells. There Are no existing wells within 500 feet of any area of activity. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. NPDES Permit: NCG020150 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes X No if yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Air permit#: 11-743-04 from WNC Regional Air Quality Agency b. How will dust from stockpiles, haul roads, etc., be controlled? Wet suppression through the use of water trucks on roads and stockpiles and the use of spray nozzles on the plant equipment. 20 0 APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A minimum of 50 feet will be maintained between activity and adjoining property. Note berms and buffers on map. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A minimum 50 foot undisturbed buffer shall be maintained between any affected land and any adjoining waterway or wetland. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. 50 foot unexcavated buffers will be maintained and construction of slopes with 2 : 1 angles will ensure prevention of instability and landslides. Also cat and fill slopes will be revegetated quickly to provide stabilization as soon as possible. dC .,, i t � � APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. Shown on map c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross -sections f r all cut slopes must be provided on the mine map(s). All slopes of unconsolidated material will be constructed at a minimum of 2:1 d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross -sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Bench heights will be 40 to 45 feet. Bench widths will be determined during course of operation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. Natural wooded buffer and vegetated earthen berm will be used for screening and buffer. The property is surrounded predominantly by woodland. No structures are within 300 feet of any proposed excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/crass-section and location of each type of barricade to be used must be indicated on the mine map(s). Large boulders will be used around pit perimeter during active mining andpermanent fencing will be used where necessary during periods of inactivity. Permanent fencing will consist of strands of Barbed wire on 5 feet high posts at 8 feet centers. 0 • APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X . How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) and provide cross -sections through all proposed berms or proposed spacing, sizes and species for tree plantings. A minimum natural tree buffer of 50 feet will be left for screening. Also berms as shown on Mine map will be constructed, planted with grass and wildlife mixture and planted with pine seedlings as needed. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned ark, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated No 11. Will explosives be used? Yes X No . If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third - party blasting study). Locate the nearest gffsite occupied structures) to the proposed excavation(s) on the mute map and indicate its approximate distance to the proposed excavation. Explosives used will be primarily ammonium nitrate/fuel oil mixtures as well as gels, primers, and non electric detonation devices. Proper stemming, pattern layout, knowledge of borehole geology and proper use of delays are used to prevent fly -rock. Seismographs will be used on each shot to monitor air blasts and ground movement. No explosives will be stored on site. Note location of nearest structure on site map. All blasting will be done by off -site contractors. Peak particle velocity of ground motion shall not exceed 1 inch per second and air blast overpressure shall not exceed 132 decibels as measured from the nearest offske building or dwelling. 12. Will fuel tanks, solvents, or other chemical reagents be stored on -site? Yes X No Ifyes, describe these materials, how they will be stored and method ofcontainment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Fuel oil, lubricants and degreasing solvents will be stored in above ground concrete containments and will meet all applicable standards. 0 0 APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent dra'nage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the informL'al on provided on the mine map(s). In addition, design information, including typical cross -sections, ortypermanent channels to be constructedas part othe reclamation plan and the lacation(s) of all perment channels must be indicated on the reclamation map. Our intended plan is to re -stabilize the site as closely as possible to a balanced, stabilized, primarily Forested ecosystem. We will adapt and incorporate ideas from the Wildlife Resources Commission As well as the Land Quality section and other agencies to help achieve this. The general methods to achieve this will include grading and discing to establish adequate slopes and soil preparation. We will then re -vegetate to establish primary vegetation as well as secondary succession. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No X . If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled crass -sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes No . If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade wil l be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end -to -end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Boulder berms or safety fence will be installed along perimeter high walls in order to minimize safety hazards. -10- • i • .' � � r� i - � 0 40 APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on -site mine waste areas, including specifications for benching and sloping. Final cross -sections and locations for such areas must be provided on the reclamation map. Overburden and / or spoil material will be utilized in the construction of berms on site. The berms will be constructed on a 2:1 slope, stabilized and seeded with various grass types and tree plantings. 5. a. Describe reclamation of processing facilities, stockpile areas, and on -site roadways. The processing facility will be removed from the site upon completion of mining. The process, Stockpile, and roadway areas will be graded, stabilized and seeded. b. Will any on -site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map andprovide details onpermanent ditch line stabilization. Permanent entrance road will be left. b. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off -site generated waste shall be disposed of on the mine site without QEk written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit ads been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. All waste products generated on site will be disposed of offske to appropriate contractors or waste Facilities such as landfills and scrap metal dealers. -11- 0 0 • APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre):2000 lbs/acre or follow soil test FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre):2000 lbs 5-10-10 per ac. SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Browntop millet Kobe lespedeza Switchgrass Winter Wheat Kobe lespedeza Switchgrass Creeping red fescue Seeding Dates: May -Sept. May -Sept. May -Sept. Sept.- April Sept. -April Sept. -April May -Sept. Seeding Rates: 20 lbs/ac. 20 lbslac. 5 lbslac. 120 lbs/a 20 lbs/ac. 5 lbs/ac. 5 lbs/ac. MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Grain straw at a rate of 2000lbs/ac. and anchored appropriately OTHER VEGETATIVE COVERS - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date 17As Print Name Jason Conner Title Environmental Director Agency Hedrick Industries -12- C7 • APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: V� a ���•-$i ature: V �^� l� Print Name: Jeffery Goodman Print Name: Jeffery Goodman Address: 842 Old US 70 Title: President Swannanoa, NC 28778 Company: B.V. Hedrick Gravel and Sand Co. Telephone: 828-277-7030 Mine Name: Grove Stone and Sand *Signature must be the same as the individual who signed Page 1 of this application. payable to the North Carolina Department of Environment and Natural Resources must he sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -17-