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HomeMy WebLinkAboutNCG020476_COMPLETE FILE - HISTORICAL_20090116STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. IV C& C@ Dy'7 DOC TYPE 9� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �DD I I L. YYYYMMDD STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V /D DOC TYPE p� HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ YYYYMMDD 4F \N A r6:9 Michael F. Easley, Govemor d. Mr. Tommy Charles Newsome Sand and Gravel Newsome #2 Pit P.O. Box 189 Winton, NC 27986 Dear Mr. Charles: William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources January 16, 2009 Coleen 11. Sullins, Director Division of Water Qualily fro-, FRI �Jivffzzglam Subject: Stormwater Compliance Evaluation Inspection Newsome #2 Pit Sand Mine Permit No. NCG020476 Northampton County On October 23, 2008 Myrl Nisely and Dave Parnell of the Raleigh Regional Office of the Division of Water Quality (DWQ) made a stormwater inspection of the mining site with the help of Laverne Howell and James Broglin. A return visit was made November 10. Dave Parnell and I met with you, Tim Newsome, Charles Harrell, Laverne Howell and James Broglin. A summary of the permit situation: 1. The fresh water pond has a water supply from the swampy area on the north and a discharge point via the culvert under the entrance road on the south, into an unnamed tributary of the Meherrin River, a Class C NSW stream in the Chowan River Basin. 2. Water taken from that pond would appear to be dewatering the wetlands around it. However, pumped water from the mine pit includes not only the recycle process water but groundwater that perpetually surfaces in the mine pit. Therefore, it appears that the discharge to the wetlands is of a greater volume of water than that removed. The wetland does not appear to show a negative impact from dewatering. 3. This office has determined that the pertinent parts of the permit are the guidelines in Part II Section B and monitoring per Part III, Sections A and C(4). Details The guidelines in Part II Section B apply (Part lI Page 2 of 2). The integrity of the recycle system is to be maintained as described by that section. Item 8. in that list point to monitoring per Part III, Section C. Note that Part III Section A also applies (Part III Page 1 and 2 of 9), requiring Best Management Practices, including regular BMP Control inspections and maintenance. The daily checklists currently used document good awareness of the BMPs. Per Part III(A)(3), there are to be documented inspections after rain events. Since the system discharges constantly, this inspection is expected for every rain of 0.5" or more. In our discussions it was agreed that a lock would be placed on the drain valve of the fuel secondary containment structure. ou NvrihCarojina VVatura !y North Carolina Division of Water Quality Raleigh Regional office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: %+%ti %�.ni���;ii�_rquaiity. rg I628 Mail Service Center Raleigh, NC 27699-1028 FAX (919) 788-7154 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recyded110% Post Consumer Paper Newsome t�2 Pit Inspection, October and November 2008 Page 2 of 2 Analytical monitoring is required as set forth in Part III (C)(4)(Table 8.) on page 8 of 9 of Part 11.1. Please note you also must conduct analytical monitoring as described in Table I of Part III Section B on page 3 of 7lof Part [H. Samples are to be taken at the discharge end of the culvert under the road. We ask for quarterly monitoring of all parameters in Table S for any storm equal to or greater than one half inch. Samples sent; to, contract lab must be properly preserved and have a chain of custody. The lab results are to be mailed to the address found on the bottom of the monitoring report form, and also archived so that future inspectors may review the data. If you have questions or comments, please contact me at 919-791-4255 or by email at m laiise! ,- ticmail.net. Sincerely, '( )Lz Myr[ A. Nisely Environmental Chemist cc: RROISWPTilesl Central Files Compliance Inspection Report Permit: NCG020476 Effective: 01/19/05 Expiration: 12/31/09 Owner: Newsome Sand And Gravel SOC: Effective: Expiration: Facility: Newsome #2 Pit County: Northampton Sr 1351 Region: Raleigh Cofield NC 27922 Contact Person: Thomas Charles Title: Phone: 252-358-5461 Directions to Facility: System Classifications: Primary ORC. Certification: Phone: Secondary ORC(s): On -Site Representative(s): Related Permits: Inspection Date: 11/10/2008 Entry Time: 10:33 AM Exit Time: 12:25 PM Primary Inspector: Myrl Nisely Phone: 919-7914200 Secondary Inspector(s): Cheng Zhang Phone: David R Parnell Phone: Reason for Inspection: Follow-up Inspection Type: Compliance Evaluation Permit Inspection Type: Mining Activities Stormwater Discharge COC Facility Status: ❑ Compliant IN Not Compliant Question Areas: E Storm Water (See attachment summary) Page: 1 'N.,.% Permit: NCG020476 Owner - Facility: Newsome Sand And Gravel Inspection Date: 11/10/2008 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: Meeting with Tim !Newsome, Charles Harrell, Tommy Charles, James Broglin and Laverne Howell, we made a thorough walking inspection of the site. A major finding was the existence of a discharge pipe that runs under the entrance road. This removes water from the fresh water pond virtually all the time. That pond was man-made. We did not explore to confirm, but were told that the upper end of the pond is swampy. One gentleman offered the opinion that the pond may be spring fed. Regardless, they all stated that groundwater constantly enters the main pit, making necessary the electrically driven pump that pumps into the upper end of the fresh water pond. So it would appear that taking water from the pond to wash sand is in effect dewatering a wetland, but at the same time, the pump in the pit is recharging that same body of water, which has the constant release. That discharge was visually clear and clean. The permittees emphasized that the Corp of Engineers granted approval for the mine nine years ago. They further stated that they have maintained all buffer requirements, which meant 50 feet on the side of the pit nearest the freshwater pond, and 75 feet on the right side where excavation is currently taking place. There is a small flow of process water that escapes the sand washing operation and travels to the fresh water pond. This and the exit end of the pit pump might be considered outFalls to a water of the State, or perhaps DWQ may consider only the final discharge point as the one to be monitored. The first pond, for clay and silt removal, settles a vast majority of sediment from the sand washing, and discharges into a second pond. Dredging of the silt pond is required typically monthly. The second pond was reported to never require dredging. It discharges to the pit at a location which provides travel through channels in the pit on its way to the pump. This allows for more settling. There has never been stormwater monitoring during the life of this permit, which began 1/14/2000, The staff had only a copy of the old permit that expired in 2005. A pdf version of the new text was emaiied to Tommy Charles after this inspection. The present permit expires on 12/31/2009. The crew has a daily checklist that requires them to examine the status of heavy equipment and the BMPs at the ponds. We reviewed a few of these records and found to them to be complete and well organized. These satisfy Part I11(A)(3) of the permit that requires regular inspection of BMPs. It is the judgement of these inspectors that no damaging draining of wetlands is observable, so Partlll(C)(4) (Overflow From Other Process Recycle Wastewater Systems) is the appropriate section for the company to follow. Page: 2 OF WArFR .`0tb- OG W-, al �l February 7, 2005 R A Newsome, Jr Newsome Sand And Gravel PO Box 189 Winton, NC 27986 Michael F. Easley, Governor William G. Koss Jr„ Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E, Director Division of Water Quality Subject: NPDES Stormwater Permit Coverage Renewal Newsome #2 Pit COC Number NCG020476 Northampton County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater general permit. Please review the new permit to familiarize yourself with the changes in the reissued permit. The general permit authorizes discharges of stormwater and some types of wastewater. You must meet the provisions of the permit for the types of discharges present at your facility. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated December 6, 1983. The following information is included with your permit package: • A new Certificate of Coverage • A copy of General Stormwater Permit NCG020000 • A copy of a Technical Bulletin for the general permit • Five copies of Discharge Monitoring Report (DMR) Forms - wastewater and stormwater • Five copies of Qualitative Monitoring Report Form Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact Ken Pickle of the Central Office Stormwater Permitting Unit at (919) 733-5083, ext.584. Sincerely, for Alan W. Klimek, P.E. cc: Central Files Stormwater & General Permits Unit Files Raleigh Regional Office NorthCarolina 'Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 I'hone (919) 733-7015 Customer Service Internet: h2o.enr.state.nc.uslsulstormwater.html 512 N, Salisbury St, Raleigh, NC 27604 FAX (919) 733-9612 t-877-623-6748 An Equal Opportunity/Affirmative Action Employer-50% Recycledl10%a Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL_ RESOURCES DIVISION OF WATER QUALITY GENERAL_ PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020476 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Newsome Sand And Gravel is hereby authorized to discharge stormwater and to operate treatment systems and discharges associated with mine dewatering wastewater and process wastewater from a facility located at Newsome #2 Pit Sr 1351 Cofield Northampton County to receiving waters designated as UT Merrin River, a class C NSW stream in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, If, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective February 7, 2005. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day February 7, 2005 for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission i J A State of North Carolina Department of Environment 4 • and Natural Resources _ Division of Water Quality EL James B. Hunt, Jr., Governor NCDENR Bill Holman, Secretary Kerr T. Stevens Director / January 14, 2000 Mr. R. A. Newsome, Jr.� % 7�I' Newsome #2 Pit Post Office Box 190 Cofield, North Carolina 27922' Subject: General Permit No. NCG020000 Newsome #2 Pit COC NCG020476 Northampton County Dear Mr. Newsome: In accordance with your application for discharge permit received on February 5, 1999, we are forwarding herewith the subject certificate of coverage to discharge under the subject state - NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water. Quality or permits required by the Division of Land Resources, Coastal Area Management Act or,any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Tony Evans at telephone number 919/733-5083 ext. 584. Sincerely, ORIGINAL SIGNED BY WILLIAM C. MILLS Kerr T. Stevens cc: [ Raleigh Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper �i STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020476 STORMWATER, MINE DEWATERING, ANDIOR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1. other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Newsome Sand & Gravel is hereby authorized to discharge mine dewatering and stormwater from a facility located at Newsome #2 Pit SR1351 Severn, NC Northampton County to receiving waters designated as an unnamed tributary to Merrin River, class C-NSW waters, in the Neuse River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, I11, IV, V, VI and VII of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective January 14, 2000. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day January 14, 2000. ORON � � M�� s 01-I Kerr. T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission - I. 01*-1 101 0.00" VN1 P77- 09'�OMAj " �P77- 08' 0.00" W, I 0 177- 07-1 .00" _ Llj! 11 � 7�7 Oak 4;m% C (,13 1-7) 1j, C H 1, 1 all z & Al I 6 P. N, C D z, nz t V co v4r; 4. N,15 It N H tj#L1'Z() yti 'Al 4- A 4044 Wjlj Ix, A , A LJ AN z �7 C?Gt • CD C? -o' 41 qw,7- . yo -04 cr) —4043 CD CD -4 Fri C) JI J� N 1 010 COO FEET 3 J, �15 EN. C-) .1 X. , N 4042'A01- R "j % NO G- 0 047 jv.�_ eWSQ 42 P �w z z b n,� M, (D 0 co 1 12 540 000 FEE' 106 (N. C.) 07 77*07'30" o )03 co co ROAD CLASSI FiCATION Light -duty Medium -duty ... Uni ipr0VLd dirt Slate Rolite vINGINIA "i BOYX INS, VA. — N. 0771 10-1 0.00" V1 677-09- �0-0011 1077- 08- OM- V) b77- 07-11 P. 00. Name: BOYKINS Location: 036' 30- 117 N 0770 W Date: 12/23199 Caption: Stream: LIT Merrin River Scale: 1 inch equals 2000 feet Class: C-NSW Basin 4: 03-04-02, Map #: A30SW Copynght (C) 1997, Maptech, Inc. Topics to Discuss with Newsome Sand & Gravel Subject: Topics to Discuss with Newsome Sand & Gravel From: Myrl Nisely <myrl.msely@ncmail.net> Date: Tue, 04 Nov 2008 15:15:48 -0500 To: tommyc@crmpinc.com j 0 j Dear Tommy, We have a few questions about the mine site and recycle system that Dave and I did not adequately cover during our visit. what is the location of the pipe that discharges from the pit pump? Do you have drawings of the recycle system? What are the flow patterns in the fresh water pond, i.e. does a stream enter the pond to replenish water? If not, did its level drop during the recent drought? Does the pond discharge or overflow following a significant rain? act —A T-4 .. 1 Has CRMP evaluated whether mining activities would drain some of the wetlands around the mine site? what are the details concerning refueling the pump in the pit? 0� we wish to see any water quality monitoring data you have, both, }A Qualitative and Analytical test results from the past 4 or 5 years. with the above questions answered as well as possible, we will discuss Permit NCG020000 with you to clarify DWQ's expectations. If you have further questions, please contact us again. Myrl Myrl A. Nisely Environmental Chemist V NC DENR _ Div. water Quality Raleigh Regional Office 1628 Mail Service Center Raleigh, NC 27699-1628 CW �', 4 �- �M1` Telephone: (919) 791-4200 or x4255 Fax: (919) 788-7159 myrl.nisely@ncmail.net C 0 MPfu'ct'll 1 of 1 1 1 /4/2008 3:16 PM � a� b Permit: NCG020476 Owner - Facility: Newsome Sand And Gravel Inspection Date: 11/10/2008 Inspection Type: Compliance Evaluation Reason for Visit: Follow-up Inspection Summary: Meeting with Tim Newsome, Charles Harrell, Tommy Charles, James Broglin and Laverne Howell, we made a thorough walking inspection of the site. A major finding was the existence of a discharge pipe that runs under the entrance road. This removes water from the fresh water pond virtually all the time. That pond was man-made. We did not explore to confirm, but were told that the upper end of the pond is swampy. One gentleman offered the opinion that the pond may be spring fed. Regardless, they all stated that groundwater constantly enters the main pit, making necessary the electrically driven pump that pumps into the upper end of the fresh water pond. So it would appear that taking water from the pond to wash sand is in effect dewatering a wetland, but at the same time, the pump in the pit is recharging that same body of water, which has the constant release. That discharge was visually clear and clean. The permittees emphasized that the Corp of Engineers granted approval for the mine nine years ago. They further stated that they have maintained all buffer requirements, which meant 50 feet on the side of the pit nearest the freshwater pond, and 75 feet on the right side where excavation is currently taking place. There is a small flow of process water that escapes the sand washing operation and travels to the fresh water pond. This and the exit end of the pit pump might be considered outfalls to a water of the State, or perhaps DWO may consider only the final discharge paint as the one to be monitored. The first pond, for clay and silt removal, settles a vast majority of sediment from the sand washing, and discharges into a second pond. Dredging of the silt pond is required typically monthly. The second pond was reported to never require dredging. It discharges to the pit at a location which provides travel through channels in the pit on its way to the pump. This allows for more settling. There has never been stormwater monitoring during the life of this permit, which began 1/14/2000. The staff had only a copy of the old permit that expired in 2005. A pdf version of the new text was emailed to Tommy Charles after this inspection. The present permit expires on 12/31/2009. The crew has a daily checklist that requires them to examine the status of heavy equipment and the BMPs at the ponds. We reviewed a few of these records and found to them to be complete and well organized. These satisfy Part I]I(A)(3) of the permit that requires regular inspe tio�MPs. It is the judgement of these inspectors that no damaging draining of wetlands car= r� n, so Partlll(C)(4) (Overflow From Other Process Recycle Wastewater Systems) is the appropriate section for the company to follow. Page: 2 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: R. A. Newsome, Jr. DBA Newsome Farms Newsome Pit #2 Northampton County - Permit No. 66-09 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of 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, Expiration Date This permit shall be effective from the date of its issuance until February 18, 2009. Cooditlons 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 CQQNDITIQNS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. Page 3 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. Silt fence shall be installed and maintainedalong the outside of the perimeter berms until the berms have been stabilized with_ a permanent vegetative ground cover. 5. All mining permit boundaries (114.7 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained byvegetative 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 ground cover, devices or structures sufficient to restrain such erosion. 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. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient. buffer (minimum of 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. A minimum 25 foot undisturbed buffer shall be maintained along each side of the transmission line right of way as indicated on the mine map dated December 23, 1998. Page 4 10. Refuae-lZspoai 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: 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. 11. 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. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on - site implementation of the revisions. Page 5 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $66,000.00 irrevocable Standby Letter of Credit 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. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 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: 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, 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 restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 1 % horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. Page 7 3. 4 D. No contaminants shall be permanently disposed of at the mine site, On -site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. R- vep.etation-Y an: After site preparation, all disturbed land areas shall be revegetated as per the following: Permaaent-SSeedina Saecifications Dates February 15- April 1 April 1- July 31 August 1- October 25 October 25- February 15 Species Kobe Lespedeza Bahiagrass Redtop Winter rye (grain) Common Bermuda Lespedeza (unscarified) German millet Rye (grain- temporary) Rate —Lbs/Acre 10 50 1 15 50 30 40 120 Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. 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. 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. Permit issued this 18th day of February, 1999. By:6�n�e, / Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NORTHAMPTON COUNTY TAX MAP