HomeMy WebLinkAbout20190513_Modification_92-01 sc` o
QUANY
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAELS.REGAN
Secretary
S.DANIEL SMITH
Interim Director
May 13, 2019
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7016 2140 0000 0564 4729
Mr. Phillip N. Pressley
Martin Marietta Materials Inc.
PO Box 30013
Raleigh, North Carolina 28622
Re: Garner Quarry
Permit No. 92-01
Wake County
Neuse River Basin
Dear Mr. Pressley:
An inspection was made of the above mine on May 7, 2019 in accordance with G.S. 74-
56 of the Mining Act of 1971. The 0.6 acre area at the southwest corner of the site requested
to be released, as indicated on the Mine Map last revised May 2019, inspected was and found
to be undisturbed by mining activities. You have provided documentation that this area will be
used as an easement for the NC Department of Transportation for improvements to the
Interstate 40 corridor. Therefore, your company is released from further reclamation
responsibility for this area with respect to the Mining Act of 1971.
As a reminder, your company's permitted acreage is now 407 acres and the amount of
land your company is allowed to disturb at this site is 347.5 acres.
Please be aware that visual screening such as vegetated earthen berms, tree planting
at staggered spacing, etc., must be installed as feasible between any affected land and any
adjoining property containing occupied buildings or public access within view of the affected
land (15A'NCAC 05B .005 (3)). Accordingly, please respond in writing to this letter with details
on screening method(s), installation and an implementation/installation schedule.
DE .
4�NMRN1caluav .\\\\\
04Mz==1 m[trvlrwnenbl Quip -
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 27699-1612
Certified Mail
Mr. Pressley
Page Two
Thank you for your attention to this matter. If you have arly questions, please do not
hesitate to contact Judy Wehner at (919) 707-9227 or me at (9 ) 707-9222.
Sincerely,
S. Daniel Smith
Interim Director
SDS/jw
cc: Mr. Bill Denton, PE - RRO
Judy Wehner— Mining
t
a ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR.
Land Resources
In term Director
ENVIRONMENTAL QUALITY
August 15, 2018
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
7015 0640 0007 9831 3903
Mr. Phillip N. Pressley, PE'
Martin Marietta Materials Inc.
PO Box 30013
Raleigh, North Carolina 27622-0013
RE: Permit No. 92-01
Garner Quarry
Wake County
Neuse River Basin
Dear Mr. Pressley:
This letter is in response to your July 26, 2018 letter requesting the modification of
Mining Permit No. 92-01. Your company is requesting to reconstruct Basins 141-A and 141-B
as a rock dam around Culvert 5 as indicated on the Mine Map dated July 2018 and
supplemental information received July 26, 2018. This request is hereby approved and is
contingent upon the measure's erosion and sediment control performance on the site.
Please attach this approval letter to your existing mining permit for future reference.
The expiration date, mine name and permit number on the permit document shall remain the
same as before this modification.
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.
An inspection was made of the above mine on August 10, 2018 in accordance with
G.S. 74-56 of the Mining Act of 1971. The 4.7-acre area at the site requested to be released,
as indicated on the Mine Map dated July 2018, has been found to be undisturbed by mining
activities. Therefore, your company is released from further reclamation responsibility for this
area with respect to the Mining Act of 1971.
As a reminder, your permitted acreage at this site is 408 acres and the amount of land
you are approved to disturb is 347.5 acres.
Nothing Compares--,-,,
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
512 N.Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
919 707 9200
Certified Mail
Mr. Pressley
Page 2
Please advise this office at (919) 707-9220 should you have any questions concerning
this matter.
Sincerely,
William E. Vinson, Jr., PE
Interim Director
WEV/dm/jw
cc: Mr. Bill Denton, PE
ROY COOPER
Gree rnnr
MICHAEL S. REGAN
Secrmury
" WILLIAM E. VINSON, Jr.
Energy,Mineral avmnnr n„r
and Land Resources
ENVIRONMENTAL QUALITY
July 5, 2018
Mr. Phillip Pressley
Martin Marietta Materials Inc.
PO Box 30013
Raleigh, North Carolina 27622
RE: Permit No. 92-01
Garner Quarry
Wake County
Neuse River Basin
Dear Mr. Pressley:
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to reduce the affected acreage at this site to 347.5 acres as
indicated on the Mine Map received on June 3, 2018. The modification includes conversion of
future pit to RAP (reclaimed asphalt product) storage area, construction of a new entrance and
road from the off-site asphalt plant to the RAP stockpile area, extension of the berm along the
northeastern permit boundary, construction of a new associated haul road to said berm
extension, and construction of a new entrance from the existing pit to allow access to the
future overburden area located east of the Duke Energy Easement. Addition modifications
include the addition of two entrances along East Garner Road to allow access to the drill and
maintenance shops, conversion of berm along East Garner Road to processing area,
conversion of future pit to buffer to protect potential jurisdictional streams and several
adjustments to berms to reflect the current pit shape. The modification also includes the
installation and maintenance of all associated erosion and sediment control measures. 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 mine name and permit number shall remain the
same as before the modification. I would like to draw your particular attention to the following
conditions where minor additions or changes were made: Operating Condition Nos. 3C, 4D,
10B, 12E, 13 and 14 and Re3clamation Condition Nos. 2E and 3.
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 413 acres and the amount of land
you are approved to disturb is 347.5 acres.
State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources
1612 Mail Service Center 1512 N. Salisbury St. I Raleigh,NC 27699
919 707 9220
Mr. Pressley
Page Two
Please review the modified permit and contact Judy Wehner, Assistant Mining
Specialist, at (919) 707-9220 should you have any questions concerning this matter.
Sincerely,
David Miller, PE
State Mining Engineer
D M/jw
Enclosures
cc: Mr. Bill Denton, PE
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
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:
Martin Marietta Materials Inc.
Garner Quarry
Wake County - Permit No. 92-01
for the operation of a
Crushed 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.
Page 2
In accordance with the application for this mining permit, which is hereby approved by the
Department of Environmental Quality hereinafter referred to as the Department, and in
conformity with the approved Reclamation Plan attached to and incorporated as part of this
permit, provisions must be made for the protection of the surrounding environment and for
reclamation of the land and water affected by the permitted mining operation. This permit is
expressly conditioned upon compliance with all the requirements of the approved Reclamation
Plan. However, completed performance of the approved Reclamation Plan is a separable
obligation, secured by the bond or other security on file with the Department, and may survive
the revocation or suspension of this permit.
This permit is not transferable by the permittee with the following exception: If another
operator succeeds to the interest of the permittee in the permitted mining operation, by virtue
of a sale, lease, assignment or otherwise, the Department may release the permittee from the
duties imposed upon him by the conditions of his permit and by the Mining Act with reference
to the permitted operation, and transfer the permit to the successor operator, provided that
both operators have complied with the requirements of the Mining Act and that the successor
operator agrees to assume the duties of the permittee with reference to reclamation of the
affected land and posts a suitable bond or other security.
In the event that the Department determines that the permittee or permittee's successor is not
complying with the Reclamation Plan or other terms and conditions of this permit, or is failing
to achieve the purposes and requirements of the Mining Act, the Department may give the
operator written notice of its intent to modify, revoke or suspend the permit, or its intent to
modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a
hearing at a designated time and place on any proposed modification, revocation or
suspension by the Department. Alternatively and in addition to the above, the Department
may institute other enforcement procedures authorized by law.
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
May 16, 1988: The original Erosion Control Plan has been modified to incorporate several
erosion control measures necessary to stabilize the stripping area denoted on the March 28,
1988 revised Erosion Control Plan.
September 13, 1989: The original Erosion Control Plan has been modified to include the
supplemental Erosion Control Plan dated October 17, 1989, which addresses the 3.5-acre
overburden disposal area expansion.
July 30, 1991: This permit has been modified to include the construction and stabilization of
the proposed berm addition as indicated by the Sediment and Erosion Control Plan dated May
14, 1991 with several stipulations.
Page 3
March 14, 1994: This permit has been modified to include and allow the construction of a
berm, with associated erosion and sediment control measures, in the southeast corner of the
mine site as indicated on the revised Mine Map dated January 12, 1994. In addition, the
modification also includes the 3.8-acre pit expansion between the north side of the pit and the
existing lake.
October 28, 1994: This permit has been modified to include sedimentation and erosion
control measures for a pit expansion area and to relocate the closed loop settling cell system
as indicated on the Mine Map last revised September 8, 1994.
October 21, 1997: This permit has been modified to allow a 1.8-acre pit expansion and a 5.4-
acre berm expansion, along with their associated erosion and sediment control measures, as
indicated on the mine map last revised September 8, 1997.
September 17, 1998: This permit has been modified to expand the existing berms along the
northern permit boundary by 19.6 acres as indicated on the Mine Map last revised July 16,
1998. This modification also includes the associated Erosion Control Plan and supplemental
information dated August 4, 1998 and August 7, 1998.
November 21, 2001: This permit has been modified to increase the affected area at this site
to 322.5 acres to include the addition of berms along the western and northern permit
boundaries and the expansion of the pit area as indicated on the mine map last revised
October 23, 2001. The modification also includes the associated sediment and erosion
control plan dated October 24, 2001.
March 24, 2003: This permit has been modified to increase the total affected acreage by 2.0
acres to create another stockpile area within the mine permit boundary, as indicated on the
Mine Map last revised January 24, 2003 and the supplemental information dated March 17,
2003.
September 27, 2006: This permit has been modified to reallocate 2.6 acres of mine
excavation to a new wastepile and the associated sediment and erosion control measures for
said wastepile as indicated on the mine map last revised August 8, 2006 and because of more
accurate mapping, the affected acreage for this has decreased to 321 acres.
February 18, 2008: This permit has been modified to increase the affected acreage at this site
to 331.3 acres as indicated on the Mine Map received by the Land Quality Section on January
9, 2008. The modification includes the addition of a wastepile area along the eastern permit
boundary, expansion of the pit area through existing wastepile areas located along the
northeastern permit boundary and the installation and maintenance of all associated erosion
and sediment control measures.
Page 4
June 20, 2012: This permit has been modified to increase the affected acreage at this site to
360.8 acres as indicated on the Mine Map last revised April 2, 2012. This modification
includes an increase in wastepiles and processing area/haul roads and a reduction in stockpile
area. The modification also includes the construction and maintenance of all associated
erosion and sediment control measures.
July 15, 2013: This permit has been modified to change the corporate name from Martin
Marietta Aggregates to Martin Marietta Materials Inc.
December 1, 2017: This permit has been issued for the life of site or the duration of the lease
term.
July 5, 2018: This permit has been modified to reduce the affected acreage at this site to
347.5 acres as indicated on the Mine Map received on June 3, 2018. The modification
includes conversion of future pit to RAP (reclaimed asphalt product) storage area, construction
of a new entrance and road from the off-site asphalt plant to the RAP stockpile area, extension
of the berm along the northeastern permit boundary, construction of a new associated haul
road to said berm extension, and construction of a new entrance from the existing pit to allow
access to the future overburden area located east of the Duke Energy Easement. Addition
modifications include the addition of two entrances along East Garner Road to allow access to
the drill and maintenance shops, conversion of berm along East Garner Road to processing
area, conversion of future pit to buffer to protect potential jurisdictional streams and several
adjustments to berms to reflect the current pit shape. The modification also includes the
installation and maintenance of all associated erosion and sediment control measures.
This permit is valid for the life of the site or life of lease, if applicable, as defined by Session
Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52
still apply for new, transferred and modified mining permits.
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 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.
Page 5
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.
C. All buffer zones shown on the Mine Map received on June 3, 2018 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.
D. Buffer zones along the tributaries of Big Branch shall be re-established as soon
as the berms in these areas are permanently stabilized.
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.
Page 6
B. Mining activities associated with the addition of a wastepile area along the
eastern permit boundary and the expansion of the pit area through existing
wastepile areas located along the northeastern permit boundary shall be
conducted as indicated on the Mine Map received by the Land Quality Section
on January 9, 2008 and the supplemental information received by the Land
Quality Section on November 14, 2007 and January 9, 2008.
C. Mining activities shall be conducted as indicated on the Mine Map last revised
April 2, 2012, the Detail Sheet last revised May 7, 2012 and the supplemental
information received by the Land Quality Section November 7, 2011, April 5,
2012 and May 8, 2012.
D. All mining activities associated with the construction of new entrances and
roadways, conversion of mine excavation to stockpile areas and buffer convers,
conversion of berms to processing area and expansion of berms, including the
installation and maintenance of all erosion and sedimentation control measures,
shall be conducted as indicated on the Mine Map received June 2, 2018 and the
supplemental information received March 22, 2018 and June 3, 2018.
E. 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.
B. Overburden cut slopes along the perimeter of any pit expansion 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
Page 7
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
8. 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. 813 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.
10.0
Z.
a
. a 2 i6isec
QI X.
0.75 In/sec0.7 gjj.
w 0-
a •
-4.2 ;
DC
- » , 0.2
F t
a.i
y $ . ��, 20 30
Blast Vibration Frequency, Fez
Figure 'I .�4lteMatiwa blaatfrag Pe teel criteria
(Source:r�rodffied from figure:B-f Bureau of Mines R`18507)
Page 8
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 = (D/DS)2 Ds = D
Wv2
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.
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:
U = 82 (D/W0.33)-1.2
To convert U (psi) to P (dBL):
Page 9
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.
Page 10
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. 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:
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.
I. 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.
J. 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
Page 11
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. Vegetated earthen berms shall be located and constructed as shown on the
Mine Map received on June 3, 2018. 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.
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
Page '12
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;
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 and Annual Operating Fee Submittal
An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be
submitted to the Department by July 1 of each year until reclamation is completed and
approved for release by the Department.
14. Bonding
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$1,000,000.00 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.
:
Page 13
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 14
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 15
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
on the Details Sheet received June 3, 2018 and approved by Mr. Phillip N. Pressley,
PE, on March 21, 2018.
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 16
This permit, issued March 31, 1982, modified May 16, 1988, November 13, 1989, July
30, 1991 and March 14, 1994, renewed October 24, 1991, modified October 28, 1994,
October 21, 1997 and September 17, 1988, renewed and modified November 21, 2001,
and modified March 24, 2003, September 27, 2006 and February 18, 2008, renewed
and modified June 20, 2012 and modified July 15, 2013 and December 1, 2017, is
hereby modified this 5t" day of July, 2018 pursuant to G.S. 74-52.
By:
William E. Vinson, Jr. Interim Director
Division of Energy, Mineral, and Land Resources
By Authority of the Secretary
Of the Department of Environmental Quality