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NCG020702_COMPLETE FILE - HISTORICAL_20121120
STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V DOC TYPE HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ �-,) 0 1 a' I I C�-'C) YYYYMMDD DOC TYPE l ❑ HISTORICAL FILE ❑ MONITORING REPORTS DOC DATE 1 ❑ YYYYM M DD i NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, R E. Dee Freeman Governor Director Secretary November 20, 2012 Patricia Jordan .Jordan Land Development PO Box 863 West Jefferson, NC 28694 Subject: NPDES Stormwater Permit Coverage Renewal .Jordan Land Development COC Number NCG020702 Ashe County Dear Permittee: In response to your renewal application for continued coverage under Stormwater General Permit NCG020702 August 7, 2012, the Division of Water Quality (DWQ) is forwarding herewith the reissued Certificate of Coverage and stormwater General Permit. 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 October 15, 2007 (or as subsequently amended.) The following information is included with your permit package: • A new Certificate of Coverage • A copy of the stormwater General Permit • A copy of a Technical Bulletin for the General Permit • Copies of the Discharge Monitoring Report (DMR) Form • Copies of the Annual Discharge Monitoring Report Form (if applicable) • Copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater only, and it specifies your obligations with respect to stormwater discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all changes in the reissued permit. Significant changes to the General Permit are outlined in the attached Technical Bulletin. Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee"from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91 M07-63001 FAX: 919-807-64921 Customer Service: 1-877.623-6748 tntemet: wwvr.nmaterouality.org One An Equal Opportunity 1 Affirmative Action Employer North Carotin a ;Vaturallry If you have any questions regarding this permit package please contact the DWQ Stormwater Permitting Unit at 919-807-6300. Sincerely, ORIGINAL SIGNED B) KEN PICKLE for Charles Waki Id, P.E. cc: DWQ Central Files Stormwater Permitting Unit Files Winston-Salem Regional Office, Surface Water Protection Section Supervisor STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020702 STORMWATER 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, Jordan Land Development is hereby authorized to discharge stormwater from a facility located at: Jordan Land Development 120 Rocky Ridge Rd West Jefferson Ashe County to receiving waters designated as Little Buffalo Creek, class C, Tr waterbody in the New River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V, and VI of the General Permit as attached. This certificate of coverage shall become effective November 20, 2012, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day November 20, 2012. ORIGINAL SIGNED 8) KEN PICKLE for Charles Wakild, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 0 oG-6ATt, Permit Coverage 9c, of Renewal Application Form t Nationai Pollutant Discharge Elimination System Stormwater Discharge Permit Permit Number NCG020702 The following is the owner affiliation information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information * Reissued Permit will be mailed to the owner adilress Owner/Organization Namc: Jordan Land Development Owner Contact: Patricia Jordan Mailing Address: 120 Rocky Ridge Rd W Jefferson, NC 28694-8694 Phone Number: (336)246-7244 Fax Number: E-mail address: Facility/Permit Contact Information If there has been any change to your facility/ permit contact information, please indicate updates in the space provided below. Facility Name: Facility Physical Address: Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: IEC' AUG 7 2012 Impaired WatersrrMDL Does this facility discharge to waters listed as impaired or waters with a finalized'l'MDL? 0 Yes 0 No Don't Know (1,or information on these ,twers refer io 4 hup:.11h2o,err.slate.nc.us/sulimpaired {Yata,s_TVDL/ ) CERTIFICATION I certify that I am, familiar �iithdinIfotion contained in the application and that to the best of my knowledge and belief such information is true, complete and acc Signature Date � r" 4 Print or type name of person signing above Title o Please return this completed renewal application form to Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 AT a NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Governor Director June 26, 2012 Patricia Jordan Jordan land Development PO Box 863 W Jefferson, NC 28694%8694Z. ' Subject: NPDES Stormwater Permit Coverage Renewal Jordan Land Development, Inc. Permit Number NCG020702 Ashe County Dear Permiee: Dee Freeman Secretary Your facility was covered for stormwater discharge under NPDES Permit NCG020702, however, this permit expired on 12/31/2009. To assure consideration for continuing coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find a Permit Coverage Renewal Application Form. Filing the application form will constitute your application for renewal of this permit. The application must be completed and returned to DWQ by August 1, 2012. Failure to request renewal within this time period will result in the inactivation of your expired permit in our system. Discharge of stormwater without coverage under a valid stormwater NPDES permit constitutes a `violation of N.C. General Statute 143-2 f 5.1 and may result in the assessment of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919) 807-6368 or Brian. Lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-807-64921 Customer Service: 1-877-623.6748 Internet: www.ncwaterquality.org An Equal Opportunity 4 Affirmative Action Employer One NorthCarolina Naturally Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 23, 2007 Ms. Patricia Jordan President Jordan Land Development PO Box 863 West Jefferson, NC 28694 Subject: General Permit No. NCG020000 Jordan Land Development COC NCCO20702 Ashe County Dear Ms. Jordan: In accordance with your application for a discharge permit received on February 8,2007, 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 -May 9;'1994-(or as subsequently amended)- -- ---�� -- 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. Please also note the requirement to have a Stormwater Pollution Prevention Plan and to comply with the cut off concentrations listed in the permit. 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 Kelly Johnson at telephone number (919) 733-5083 ext. 376. Sincerely, ORIGINAL SIGNED BY BRADLEY ,BENNET i Alan W. Klimek, P.E. cc: Winston Salem Regional Office, George Smith Central Files Stormwater Permitting Unit Files enc: Certificate of Coverage NQ'"hCaroina ,A7aturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: www.ncwateruuaiity.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Customer Service 1-877-623-6748 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020702 STORMWATER 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, Jordan Land Development is hereby authorized to discharge stormwater from a facility located at Jordan Land Development, Inc. 120 Rocky Ridge Road West Jefferson Ashe County to receiving waters designated as Little Buffalo Creek, a class C, Tr water in the New River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, 11, III, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become February 23, 2007. This. Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 23`d day of February 2007. ,. �� 4RiGi©�=4` �1"T 13RAD► E �' for Alan W. Klimek, P.E., Director Division of Water Quality By the Authority of the Environmental Management Commission LOCATION MAP: Re: NCG 020702 Subject: Re: NCG 020702 From: George Smith <George.Smith@ncmail.net> Date: Mon, 19 Feb 2007 14:56:49 -0500 To: Kelly Johnson <kelly.p Johnson cr ncmail.net> Kelly, Welcome aboard? I met on -site with the owners. I recommend approval of the permit. I did not know this was impaired for nutrients. I'll look at this area more closely, especially when 1 get a complaint. George Smith NC DENR Winston-Salem Regional Office Division of Water Quality, Water Quality Section 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4968 FAX: (336) 771-4630 On 2/19/2007 9:28 AM, Kelly Johnson wrote: George, I don't think we have met. I am relatively new to the Central Office, working for Bradley Bennett. I have a mining permit for Ashe County and I understand that you are the contact for Ashe. We have received an NCG02 application fi-om Jordan Land Development for their facility in West Jefferson. This facility drains to Little Buffalo Creek (stream Index 10-2-20-1, classified C, Tr). This stream is impaired for nutrients and impaired biological integrity, though mining is not listed as a potential source of these problems in the Basinwide Plan. Does the Winston Salem Regional Office have any concerns about issuing this permit? If not, I will issue it within 30 days. Thanks, Kelly George Smith <George.Smith a NCmail.net> WSRO NC DENR 1 of 1 2/19/2007 3:01 PM A•WA 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 Ms. Patricia Jordan, President Jordan Land Development, Inc. PO Box 863 West Jefferson, NC 28694 RE: Mining Permit No 05-07 West Jefferson duarry Ashe County New River Basin Dear Ms. Jordan: December 14, 2006 Michael F. Easley, Governor William G. Ross Jr., Secretary Your request to have the above referenced mining permit, issued to Tri County Paving, Inc., transferred in its entirety to your company has been approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 1 B, 3C, 4C, 11 B, and 15. As a reminder, your permitted acreage at this site is 7.067 acres and the amount of land you are approved to disturb is 5.56 acres. Again, if you should have any questions on this matter, please contact Ms. Kristin Hicklin, Assistant State Mining Specialist, at (919) 733-4574. Sincerely, Flo d R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIkh Enclosure: Permit No. 05-07 cc: Mr. Matt Gantt, PE Mr. Bradley Bennett-DWQ, wlpermit Ms. Shannon Deaton-WRC, wlpermit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosure 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 0ppwun ity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 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: Jordan Land Development, Inc. West Jefferson Quarry Ashe County - Permit No.- 05-07 for the operation of a Crushed Stone Quarry and Borrow Pit 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: November 23, 2014 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 December 10, 2004: This permit has been modified to remove Operating Condition No. 4F from Mining Permit No. 05-07 and to change the operation from Crushed Stone Quarry to Crushed Stone Quarry and Borrow Pit. December 14, 2006: This permit has been transferred in its entirety from Tri County Paving, Inc. to Jordan Land Development, Inc. Expiration Date This permit shall be effective from the date of its issuance until November 23, 2014. 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: 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. The permanent access road shall be permanently stabilized. 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 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. C. All buffer zones shown on the Mine Map last revised January 25, 2006 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. Page 4 4. Erosion and Sediment Control A. The operator shall notify the Winston-Salem Regional Office, Land Quality Section, at least 48 hours prior to beginning any of the initial land disturbing activities indicated in the approved application for a mining permit and any modifications to this permit thereafter. B. 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. C. All mining activities, including the installation and maintenance of all erosion and sedimentation control measures, shall be conducted as indicated on the Mine Map last revised January 25, 2006, supplemental information dated April 12, 2004, and June 30, 2004, and additional information received by this office on October 6, 2004. D. Mining activities shall be conducted from the southern end of site after construction of the sediment pond and progress to the north with all drainage from mining related disturbances directed to the sediment pond. 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. Operating Schedule No mining or processing related activities, without prior approval from the Department, shall be conducted during weekends and holidays because of the mine site's proximity to Mount Jefferson State Park. 6. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. Page 5 7. 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. B. 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. 9. 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 Sections B. and D. 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 o.a £cil;h ,c ;/ibf:ltiori �r� gc.�•�ncy, F-i� P ff 6; IfL yr 3F Crif ezia (Jrl uflS from 7:U''e Z'ICI of Jc.`iif'l5,� 1'': C.J'�r✓J } 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 = (DID,)' Ds = D W1rz V = 160(Ds)_'" 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. Page 7 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 (DNW4.31ytl 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. Page 8 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. FI rock 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. 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. 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. 10. 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. 11. Visual Screeninq 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 last revised January 25, 2006. 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. 12. 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 13. 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 14. 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 15. Bonding The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $26,200.00 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. 16. 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: Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to provide a permanent barricade (fence) along the top of any high wall and properly grade and vegetate any areas in unconsolidated material. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: 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. Page 13 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. 13 A. through D. 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 Mr. James Izzell, PG dated February 5, 2004 with the following additions: Spring/Summer: May 1-Sept. 15 Browntop millet 20 Ibs/a Kobe Lespedeza 20 lbs/a Switchgrass 5 lbs/a Fall/ Winter Sept. 15-A ril 30 Winter Wheat 120 Ibs/a Korean lespedeza 20 Ibs/a Switchgrass 5 Ibs/a Add to fall or spring plantings "Toga" Deertongue (Panicum clandestinum) at a rate of 7 Ibs. Pure Live Seed (PLS) per acre On slopes greater than 3 horizontal to 1 vertical, use Orchard Grass or Creeping Red Fescue instead of Switchgrass. Add one of the following to the above mixture: Creeping Red Fescue 5 Ibs/acre Ladino Clover 5 Ibs/acre Alfalfa 5 Ibs/acre Atlantic Coastal Panic Grass 5 Ibs/acre 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. Page 14 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 November 23, 2004, is hereby transferred in its entirety from Tri County Paving, Inc. to Jordan Land Development, Inc. this 14th day of December, 2006. t By: 7 /,� J4 James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources Mf RILM tT OIL"rt%ft File Edit View Favorites Tools Help Back J) Search Fayorites - R ti Address t httP:fl�cam.enr.s[ate.rrc.usJlrfmnafmineErdry.jsp?mineFaciI1tyKey-1902 (11 le �i- L�I Go �i� � �{ Bookmarks. r�l PoRups okay Ij r"�' Check . *•y AutoLink 10 ® Go Lints Setting:., s urces lt! fining Permit Inventory :L Mine Entry i 1 FintlO O5 07 *Mine Nance West Jefferson Quar '} 'Expiration �11 Region jW5R0� 'Ricer New _ Basin .- € t 'Cnginal I 02 Issue Date l 24 1 2004 j€ Permit Revislon 12 jj} 16 111 2006 IY; fjf � r ,.� Date cite Ill. Release �— l f l J r I.., � *Mine =° = •Commodity. t17- 15- 3i ... -- •..- Data �� � 111-. - •-IIf - - - — — �� Status ; a. J Coda 'bonded 5,56___� Acres 'Bond �'Lp,i. f t�dP �J�I; Bond 526�,20DOD� �Amounf ram- Type - - 01 ! 19 1 2006 `Latitude '36:40460 'Langitude -81.48210 'Collection TI -Reference e Jefferson ��!. From Map -To be removed r�J Method_.__,..,..___.__....._.____.._.____._.____.._._.._-.-......_-________.-.,__._... Datum NAD1927 ' Transferied from Trl CauntyPaving, + j inc. to Jordan Land Development on New View Comments 12-1 Comment Business Title Name City Phone ,i (Jordan Land Development, Inc. Ms. Patricia Jordan West Jefferson (336) 246-7244 $electAtiillate ` �_:�..--�-_,.,--:..:-:��-.`....=.�. W^�w."'�-'`'rw:^.^W�^--.�::"�^.::r;.�i^�"..•-ca.^:....,,.. :..:....:.....,:..�...� vislon Date- History -Associated Documents 06No files have been uploaded for this mine i 0 A .m���_....-sir_—r,=�=max.. ,. Done Internet NEW River Basin Subbasin 05-07-01 Assessment Impaired Year Waterbody and Description Unit (AU) Class Subbasin Use Listed Category and Reason for Listing Potential Source(s) Miles or Acres Ore Knob Branch 10-1.35-3 B Tr + 05-07-01 5 0.9 FW Miles From source to Peak Creek O 2000 5 Standard violation: pH Mine Drainage O 2000 5 Action level violation: Iron Abandoned Mining O 2000 5 Action level violation: Copper O 2000 5 Action level violation: Zinc AL 2006 6 Impaired biological integrity Peak Creek 10-1-35-(2)b B Tr+ 05-07-01 5 2.9 FW Miles From Ore Knob Branch to South Fork New River O 2000 5 Standard violation: pH Mine Drainage AL 2006 6 Impaired biological integrity Mine Drainage Abandoned Mining South Fork Now River 10-1-(26)b WS-Iv 05-07-01 5 6.6 FW Miles HQW From Obids Creek to a point 0.6 miles upstream of Roan Creek AL 2006 5 Standard violation: Low pH Unknown NEW River Basin Subbasin -05-07-02 ',Little Buffalo Creek�10-2-20-1Yar C Tr + 05-07-02 5 4.4 FW Miles From source to Buffalo Creek AL 2000 6 Impaired biological integrity Impervious Surface O 2000 5 Historical listing decision; Nutrients VWVTP NPDES Urban Runoff/Storm Sewers Minor Municipal Point Source Impaired Uses NEW Summary Information AL- Aquatic Life REC- Recreation Category Miles and Acres Category Count ofAUs Shellfish Harvesting Fish Consumption 2 347.0 FW Miles 2 43 O- Overall 3 553.6 FW Miles 3 186 5 17.6 FVII Miles 5 5 FIN- Freshwater S- Salt water DRAFT for PUBLIC REVIEW North Carolina 303(d) List- 2006 Tuesday, January 31, 2006 NEW Basin 05-07-02 Page 68 of 126