HomeMy WebLinkAboutNCG020704_COMPLETE FILE - HISTORICAL_2007022340
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
/V
DOC TYPE
HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE
❑ c)
YYYYMMDD
DOC TYPE 1 ❑ HISTORICAL FILE
❑ MONITORING REPORTS
DOC DATE I ❑
YYYYM M DD
O�0.� W AT �RQG
Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Pat McCrary
Vice President/Treasurer
McCrary Stone Service, Inc.
5 Williams Road
Fletcher, NC 28732
Dear Pat McCrary:
Alan W. Klimck, P.E. Dircctor
Division of Water Quality
February 23, 2007
Subject: General Permit No. NCG 020000
McCrary Stone Service
COC NCGO20704
Madison County
In accordance with your application for a discharge permit received on February 19, 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, 199.4 (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 BENNETT
Alan W. Klimek, P.E.
cc: Asheville Regional Office, Ms. Starr Silvis
Central Files
Stormwater Permitting Unit Files
enc: Certificate of Coverage
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083
Internet: WWW.ncwatergaality.org Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612
NOnhCarolina
Nalurally
Customer Service
1-877-623.6748
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
! .k
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020704
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,
McCrary Stone Service, Inc.
is hereby authorized to discharge stormwater from a facility located at
McCrary Stone Service, Inc.
McCrary Madison Mine
3807 US Highway 25/70
Marshall
Madison County
to receiving waters designated as the French Broad River [Index Number 6-(54.5)], a class B
water in the French Broad 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 General Permit No.
NCG02000 as attached.
This certificate of coverage shall become effective 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.
QRiGJaNAf_ SIGNED BY
BRADLEY BENNETT
for Alan W. Klimek, P.E., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
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Latitude: 35047'11" N NCG020704
Longitude:82°39'24"W Facility,,
County: Madison McCrary Stone Location
Stream Class: B Services
Receiving Stream: French Broad River
Sub -basin: 04-03-04 (French Broad River Basin) [ffo,tth Not to Scale
Re: NCG 020704 McCrary Stone Services
Subject: Re: NCG 020704_McCrary Stone Services
From: Starr Silvis <Starr.Silvis a ncmail.net>
Date: Wed, 21 Feb 2007 13:28:42 -0500
To: Kelly Johnson <kelly.p.johnson@ncmai1.net>
CC: Laurie Moorhead <Laurie.Moorhead@ncmai1.net>
Hi!
I inspected this facility about a month ago and dropped off the NOI. They have no dewatering and no
overflow of process water. Their sediment ponds are gigantic. I have no objections to issuing this
permit.
Thanks!
Starr
Kelly Johnson wrote:
Starr & Laurie,
We have received an application from McCrary Stone Services for an existing mine in Madison
County, McCrary Madison Mine. This facility drains to the French Broad River [Index number
6-(54.5)], which is classified as B waters. The attached application shows that there will be no mine
dewatering and no overflow of process water. The Land Resources permit is active. Does the
Asheville Regional Office have any objections to issuing this permit? If not, will issue it in 30 days.
Thanks,
Kelly
Starr Silvis - Starr.Silvis@ncmail.net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of water Quality - Surface Water Protection Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: 828-296-4500
Fax: 828-299-7043
Starr.Silvis <Starr.Silvis a ncmail.net>
Environmental Engineer
NC DENR - Asheville Regional Office
Division of Water Quality - Surface Water Protection Section
l of 1 2/21/2007 1:30 PM
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Permit. 1NCG020704
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'Description: ditch
li Domestic %; Industrial 96; 50 i
Stormwater %: 50
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July 25, 2005
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Land Resources ;Mining Permit Inventory', Mine Entry
Permit No 58-10 Find *Mine Name
*County
Madison
Region ARO
*Original
Application
06 / 23
*Original
/ 1972 09 / 05 / 1972
Received
- Issue Date ---- -- — -—
----- -- -
Release
Date Denied
/
/-�
Date
*Total
*Bonded
Acres
110.68
55.36 i
Acres
Permitted
A RR
Received
:02 / 02
/' 2003 *Latitude 35.7881
Date
*Quadrangle
Marshall
,.. *Collection .........................
From Map - To be removed
_
-- Method -
Last
MODIFICATION
OF 2/12/98 WAS REVOKED
Comment
EFFECTIVE
12/23/98 (SEE LETTER DATED
11/23/98
TO C.P. MCCRARY FROM CHARLES
Affiliates;
Affiliation Business Title Name
Permittee McCrary Stone Service Inc Mr. C P McCrary
Cite
Fletcher
(_Permit _Revision Date - History I Associated Documents;
Jul 3, 2006 I No files have been uploaded for this mine
Dec 272002
Last Updated Dec 27, 2006 Updated By
Kristin Hicklin
McCrary Madison Quarry
*River Basin French Broad
`
Permit
Revision 07 / 03 / 2006
Date - --- -----�------ -
*Mine A
Status Active
*Bond Assignment - Single Sit(
Tape ... ...._.......
..-
*Longitude -82.6556 '
- *Reference .......
NAD1927
Datum ....�... �..........
New
Comment
Phone Select Affiliate
(828) 684-5522
ALTO
\-I j 7 11
http://ibeam.enr.state.ne.us/Ir/mine[MineEntry.I sp?mineFaciI ityKey=169 2/21 /2007
Hefp =ogoff 11 «Previous Next» Map Location Print Report
http://ibeam.enr.state.nc.us/lr/minei'MineEntry.isp?mineFacilityKey=169
2/21 /2007
NCDENR
North Carolina Department of Environment and
Division of Land Resource
James D. Simons, PG, PE
Director and State Geologist
Mr. C.P. McCrary
McCrary Stone Service, Inc.
5 Williams Road
Fletcher, NC 28732
RE: Permit No. 58-10
McCrary Madison Mine
Madison County
French Broad River Basin
Dear Mr. McCrary:
Land Quality Section
July 3, 2006
Natural Resources ~,
s -
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Your recent request to have the above referenced mining permit modified has been
approved. The modification is to increase the affected acreage at this site to 55.36 acres and
to change all sediment ponds to riser basins as indicated on the Mine Map Sheets 2 through 4
of 4, dated May 24, 2006. The modification includes the expansion of the pit excavation area
by 4.80 acres. A copy of the modified permit is enclosed.
The conditions in the modified permit were based primarily upon the initial application.
Modifications were made as indicated by the modification request and as required to insure
compliance with The Mining Act of 1971. The expiration date, mine name and permit number
shall remain the same as before the modification. I would like to draw your particular attention
to the following conditions where minor additions or changes were made: Operating Condition
Nos. 1 B, 3C, 4C, 8, 10B, and 14.
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 110.68 acres and the amount of
land you are approved to disturb is 55.36 acres.
Please note, as stated on the attached bond calculation sheet, you may reduce the
current irrevocable standby letter of credit by $27,300,00 from the current $155,300.00 to the
required amount of $128,000.00.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604
An Equal Opportunity L Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper - f
Mr. McCrary
Permit #58-10
Page 2
Please review the modified permit and contact Ms. Kristin Hicklin, Assistant Mining
Specialist, at (919) 733-4574 should you have any questions concerning this matter.
Sincerely,
Floyd kRWilliams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/kh
Enclosures: Modified Permit No. 58-10
Bond Calculation Sheet
CC' Ms. Janet Boyer
Ms. Shannon Deaton - WRC, w/permit
Mr. Bradley Bennett - DWQ, w/permit
Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
PERMIT
for the operation of a reining 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:
McCrary Stone Service, Inc.
McCrary Madison Quarry
Madison County - Permit No. 58-10
for the operation of a
Crushed Stone Quarry
which shall provide that the usefulness, productivity and scenic values of
all lands and waters affected by this mining operation will receive the
greatest practical degree of protection and restoration.
MINING PERMIT EXPIRATION DATE: December 27. 2012
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
February 11. 1998: This permit has been modified to increase the permitted acreage to 145
acres, the affected acreage to 36 acres and modify the reclamation plan to allow the creation
of a lake. In addition, the crusher, stockpile area, office and scales are to be relocated. The
pit expansion, upgrading of an existing access road into a new haul road, constructing berms
and a new gate at the current entrance road, and construction and maintenance of the
associated erosion and sediment control measures for the above activities shall be as
indicated on the Permit Modification Mine Map dated December 5, 1997.
December 23, 1998: The February 11, 1998 modification was revoked by the Department as
a result of the permittee's failure to notify new owners of record adjoining the modified permit
boundary, thus, making the modification application incomplete.
Page 3
January 7, 1999: This permit has been modified to increase the permitted acreage to 106
acres, the affected acreage to 35.85 acres, and modify the reclamation plan to allow the
creation of a lake. In addition, the crusher, stockpile area, office and scales are to be
relocated. The pit expansion, upgrading of an existing access road into a new haul road,
constructing berms and a new gate at the current entrance road, and construction and
maintenance of the associated erosion and sediment control measures for the above activities
shall be as indicated on the 11 inch by 17 inch Permit Modification Mine Map dated December
5, 1997 and received by the Land Quality Section on December 4, 1998.
December 23, 1999: This permit has been modified to replace the existing approved mine
map with the Permit Modification Mine Map last revised September 24, 1999. This map
indicates changes due to the necessary relocation of several settling basins, incorporates
changes required by local government requirements, and addresses the increase in affected
area by 3.69 acres, including the addition of tree lined berms along the entrance off US
Highway 25/70 and along the gated entrance at US Highway 25/70 Business for additional
screening.
December 27, 2002: This permit has been modified to increase the affected acreage to 50.56
acres and the permitted acreage to 110.68 acres as indicated on the Mine Map and Erosion
Control Plan last revised October 31, 2002. This modification includes the addition of a
proposed fill area, equipment storage and shop, including associated erosion and
sedimentation control measures.
July 3, 2006: This permit has been modified to increase the affected acreage at this site to
55.36 acres as indicated on the Mine Map Sheets 2 through 4 of 4, dated May 24, 2006. The
modification includes the expansion of the pit excavation area by 4.80 acres.
Expiration Date
This permit shall be effective from the date of its issuance until December 27, 2012.
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.
Page 4
B. Any storm water runoff from the affected areas at the site shall be in accordance
with any applicable permit requirements and regulations promulgated by the
Environmental Protection Agency and enforced by the N.C. Environmental
Management Commission. It shall be the permittee's responsibility to contact
the Division of Water Quality to secure any necessary storm water permits or
other approval documents.
2. Air Quality and Dust Control
A. Any mining related process producing air contaminant emissions including
fugitive dust shall be subject to the requirements and rules promulgated by the
N.C. Environmental Management Commission and enforced by the Division of
Air Quality.
B. During processing operation, water trucks or other means that may be necessary
shall be utilized to prevent dust from leaving the permitted area.
3. Buffer Zones
A. 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.
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.
C. All buffer zones shown on the Mine Map and Erosion Control Plan last revised
October 31, 2002 and the Mine Map Sheets 2 and 3 of 4, dated May 24, 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.
D. The disturbed area boundary, as indicated on the Mine Map and Erosion Control
Plan last revised October 31, 2002, along the northern and eastern sides of the
modification area that includes the addition of a proposed fill area, equipment
storage and shop, shall not enter the 50 foot minimum undisturbed buffer zone.
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 5
B. All drainage from the affected area around the mine excavation shall be diverted
internal to said excavation or into the existing erosion and sedimentation control
measures.
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 and Erosion Control Plan last revised October 31, 2002, the Miscellaneous
Details Sheet dated July 2002, and the Mine Map Sheets 2 and 3 of 4, dated
May 24, 2006, with the exception that the disturbed area boundary, as indicated
on the above referenced map along the northern and eastern sides of the
modification area that includes the addition of a proposed fill area, equipment
storage and shop, shall not enter the 50 foot minimum undisturbed buffer zone.
D. An erosion and sediment control plan(s) shall be submitted to the Department for
approval prior to any land disturbing activities not indicated on the revised
erosion control plan or mine maps submitted with the approved application for a
mining permit and any approved revisions to it. Such areas include, but are not
limited to, expansion outside of the approved pit area, creek crossings, or
expansion of overburden or waste disposal areas.
5. Groundwater Protection
Groundwater monitoring wells shall be installed and monitored as deemed appropriate
by the Department.
6. Graded Slopes and Fills
A. The angle for graded slopes and fills shall be no greater than the angle which
can be retained by vegetative cover or other adequate erosion control measure,
structure, or device. In any event, exposed slopes or any excavated channels,
the erosion of which may cause off -site damage because of siltation, shall be
planted or otherwise provided with groundcover, devices or structures sufficient
to restrain such erosion.
B. Overburden cut slopes along the perimeter of any pit expansion conducted after
August 12, 1992, shall be graded to a minimum 2 horizontal to 1 vertical or flatter
and shall be stabilized within 60 days of completion. Furthermore, a minimum
ten (10) foot wide horizontal safety bench shall be provided at the top of the rock
and at the toe of any overburden slope.
7. Surface Drainage
The affected land shall be graded so as to prevent collection of pools of water that are,
or likely to become, noxious or foul. Necessary structures such as drainage ditches or
conduits shall be constructed or installed when required to prevent such conditions.
Page 6
8. Blasting
The operator shall monitor each blast with a seismograph located at a distance
no farther than the closest off site regularly occupied structure not owned or
leased by the operator. A seismographic record including peak particle velocity, air
overpressure, and vibration frequency levels shall be kept for each blast (except as
provided under Operating Condition Nos. 8B and 8D of this permit). The following
blasting conditions shall be observed by the mine operator to prevent hazard to persons
and adjacent property from surface blasting:
A. Ground Vibration With Monitoring:
In all blasting operations, the maximum peak particle velocity of any component
of ground motion shall not exceed Figure 1 (below) at the immediate location of
any regularly occupied building outside of the permitted area such as a dwelling
house, church, school, or public, commercial or institutional building.
a
:.J
1.5
1.J
'J. 3
DA I
W,
G.?
OA
Page 7
C
A
Ground Vibration Without Monitorina:
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
W 112
V = 160(Djl"
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
Ds = Scaled distance factor.
V = Peak Particle Velocity (inches per second).
The peak particle velocity of any component shall not exceed 1.0 inch per
second, for the purposes of this Section.
Air blast With 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,
Measurina Svstem. in Hz in dBL
0.1 Hz or lower -flat response 134 peak
2.0 Hz or lower -flat response 133 peak
6.0 Hz or lower -flat response 129 peak
Air blast Without Monitoring:
In the event of seismograph malfunction or other condition which prevents
monitoring, blasting shall be conducted in accordance with the following
formulas:
To convert U (psi) to P (dBL):
U = 82 (DNW"")-1.2
Page 8
P = 20 x log (U12.9xl0-9)
Confined Air blast/Overpressure (dBL)
for quarry situation:
A=P-35
U = Unconfined air overpressure (pounds per square inch).
W = Maximum charge weight of explosives per delay period of 8.0 milliseconds
or more (pounds).
D = Distance from the blast site to the nearest inhabited building not owned or
leased by the mine operator (feet).
P = Unconfined air overpressure (decibels).
A = Air blast or air overpressure for typical quarry situations (decibels).
The air blast/overpressure shall not exceed 129 decibels, for the purposes of this
Section.
E. Record Keeping:
The operator shall maintain records on each individual blast describing: the total
number of holes; pattern of holes and delay of intervals; depth and size of holes;
type and total pounds of explosives; maximum pounds per delay interval; amount
of stemming and burden for each hole; blast location; distance from blast to
closest offsite regularly occupied structure; and weather conditions at the time of
the blast. Records shall be maintained at the permittee's mine office and copies
shall be provided to the Department upon request.
F. Excessive Ground Vibration/Air blast Reporting:
If ground vibration or Air blast limits are exceeded, the operator will immediately
report the event with causes and corrective actions to the Department. Use of
explosives at the blast site that produced the excessive reading shall cease until
corrective actions approved by the Department are taken. However, blasting
may occur in other approved areas within the permitted boundary. Authorization
to blast at the blast site may be granted at the time of the verbal reporting of the
high ground vibration or high air blast reading if the circumstances justify verbal
approval. Failure to report will constitute a permit violation.
G. 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.
Page 9
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.
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.
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, fencing (minimum three strand barbed wire) or other acceptable
alternative shall be installed and maintained at or within the mining permit boundary. In
addition, a minimum 10 foot wide horizontal safety bench shall be provided at the
junction between the top of rock and the toe of any overburden cut slope.
10. Visual Screening
A. Existing vegetation shall be maintained between the mine and public
thoroughfares to screen the operation from the public. Additional screening
methods, such as constructing earthen berms, shall be employed as deemed
appropriate by the Department.
Page 10
B. Vegetated earthen berms shall be located and constructed as shown on the
Mine Map and Erosion Control Plan last revised October 31, 2002 and the Mine
Map Sheets 2 and 3 of 4, dated May 24, 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.
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 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;
Page 11
2. a list of refuse items to be disposed,
3. verification that a minimum of 4 feet of cover will be provided over the
refuse;
4. verification that the refuse will be disposed at least 4 feet above the
seasonally high water table; and
5, verification that a permanent vegetative groundcover will be established
13. Annual Reclamation Report
An Annual Reclamation Report shall be submitted on a form supplied by the
Department by February 1 of each year until reclamation is completed and approved.
14. Bondina
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a
$155,300.00 irrevocable standby letter of credit (of which $128,000.00 is required for
this site), is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land
shall not exceed the bonded acreage.
15. Archaeoloaical 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
The final slopes in all excavations in soil, sand, gravel and other unconsolidated
materials shall be at such an angle as to minimize the possibility of slides and be
consistent with the future use of the land.
2. Provisions for safety to persons and to adjoining property must be provided in all
excavations in rock.
3. All overburden and spoil shall be left in a configuration which is in accordance with
accepted conservation practices and which is suitable for the proposed subsequent use
of the land.
4. No small pools of water shall be allowed to collect or remain on the mined area that are,
or are likely to become noxious, odious or foul.
5. The revegetation plan shall conform to accepted and recommended agronomic and
reforestation practices as established by the North Carolina Agricultural Experiment
Station and the North Carolina Forest Service.
6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein
incorporated. These activities shall be conducted according to the time schedule
included in the plan, which shall to the extent feasible provide reclamation simultaneous
with mining operations and in any event, provide reclamation at the earliest practicable
time after completion or termination of mining on any segment of the permit area and
shall be completed within two years after completion or termination of mining.
RECLAMATION CONDITIONS:
Provided further, and subject to the Reclamation Schedule, the planned reclamation
shall be to allow the quarry excavation to fill with water, provide a permanent barricade
(fence) along the top of any high wall, and grade and revegetate any areas in
unconsolidated material.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
Page 13
A. All areas of unconsolidated material such as overburden or waste piles shall be
graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to
insure slope stability.
B. Any settling ponds and sediment control basins shall be backfilled, graded, and
stabilized or cleaned out and made into acceptable lake areas.
C. The processing, stockpile, and other disturbed areas neighboring the mine
excavation shall be leveled and smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. 12A
through 12D.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation_Plam
After site preparation, all disturbed areas shall be permanently revegetated as per the
following:
Permanent Seeding Specifications
nAtP¢
February 15- April 1
April 1- July 31
August 1- October 25
Species
Korean Lespedeza
Fescue
Redtop
Winter rye (grain)
Common Bermuda
Lespedeza (unscarified)
German millet
October 25- February 15 Rye (grain- temporary)
Soil Amendments
Rate. Lbs/Acre
10
40
1
15
50
30
40
IP4
Lime: 2000 Ibslacre or follow recommendations from a soil test.
4 . .
Page 14
Fertilizer: 1000 Ibslacre 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 Ibslacre and anchored appropriately.
Whenever possible, disturbed areas should be vegetated with native warm season
grasses such as switch grass, Indian grass, bluestem and gamma grass.
In addition, the permittee shall consult with a professional wildlife biologist with the N.C.
Wildlife Resources Commission to enhance post -project wildlife habitat at the site.
4. Reclamation Plan:
Reclamation shall be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
This permit, issued September 5, 1972, renewed December 3, 1982 and August 12,
1992, modified February 11, 1998, December 23, 1998, January 7, 1999 and
December 23, 1999, and renewed and modified December 27, 2002, is hereby
modified this 3"1 day of July 2006 pursuant to G.S. 74-52.
By:14a 'e
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
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