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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 LOCATION MAP: Ji :i' •" r J 1 ri'J �,_.�`.'r�'�'^-•,z � --•. .*.. - :. -r I ,_r l'• \� r; �•; • l•t' %5� f� 1 'f1�i' • �1 l } ' L . I� — �� ` t l • : L+ yy ..S { M," Mad is O `�,, x: ti -.•� i I3�! � � t"J. �L._ }._ `l-%�\\ N } +,` g t e �:, f.-./4'r l: T � �L I f � % ���i -._ J7 %•iy '1�' !��! �!' �1 l�:��•' 1, ""% t'f (i �?` ! f }}_.�1 ( t / J f�/�- {L rC�O 1 1.1� tl�t', 11 ♦ �' _� c (f l i� r /I` !r� 'f. /+t e°l!i r ,r � i {.:','Li � �� `di opp� .._. � „• C •'�r toe i ,•,r „�i'' .� 4° J •{ J4\G� tl a/J �. 4T \�a r S J it �* �, ��� I� r1\ Ir ,, *mil *'`���r! �\��.'%�//�( 5 lii/ ` ! '.r^~..il r.ti•�� � pQ�y'��7 ) ]�' I:....� r � ' r= `•'` \� a� �� S 'f! t� f1 r• t�7; ,,. �; I/jr. r.. 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''' � ti f �' :..� 'r,/•,4 � �=-��.1 fir' I � �, McCrary Stone / )�t }-L 1 �r'iy�����1;,#ir'l�`;� -' r a�' 1r��� ��'�•� ; �/r f"LQ°� �\•1'' } �� it � j,1 ��..,;�. �<<l oao•J�If,1� 4Yt `��.- ���) '�� � ��f ba _•titi� � �S� `�I•'\ �1" i t I`,r-,: �. r��� �tt \5� 'y'M1 i �l e� iiy' r1r-_..,.�� t ,e � r�f�:_._- x =� , S i �•.l' . °�' � � '` � ' �� /�, ' \�1 J/ v�l 1 ` ��/i)r~l/%.�✓ rJ+i/Jltr1` �2F �c �lf ��l /' �'�1� 7j ro t\ �'a 1 ���ti v ;Ir'�n� �L;��l� � / •.:�` ) y �•�}t �1+., sift +�r�-^;: �... >>� �4` -r. k �. r��,���-'ti``�� ! r �[�4,� 1. ir£\ 1>' � 5 r •l ' ��+� : � � ti e r _ \1 IIL ��.:: �1 Q ii� 1 ti i\ 1f .�J? � �1/\� �rl� e�l;,)�� •.� i 1 i �_� �}, �► ;-.. _ �R6C., 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 NUU 10210/104, McUrary Ntone Nervices B_aslrrwida Int�r�matian�hfanaa nt.5pstcm (81MSt Elie Tasks Queries Administration . Add Pernrit CfutC i •X ,, Select Waterbody i waterbotl Name i Description "Basin .:, Stream lnd.. Current.. PropoSJS,., BENCH BROAD RkV.. From Nicholson Creek to the downstream side afthe mouth of Gash !French Bro. 6 (27)�B BENCH BROAD RiY..,From Mills River to North Carolina Tennessee State Line French Bra 6 (54 5) B .... . ........ FRENCH BROAD RIV IFrom a poin10,6 mile upstream of Mills River to Mills River FFREtvCH French Bra 6.(52.5 lws-IV 13R0Ap RIV From source to Nicholson Greek .-_-_ . -__-_ ___-_ rench pro 6 (1) B,Tt FRENCH BROAD RIV... From the downstream side 011he mouth of bash Creek to a point 0.6 ...FFrench Bro.,, µ 6 (47.5) wS•rV,B oy u3•o � , �m { ! s File Tasks Oueries Administration Help - , • 4utfall t LOCalion ' Permit. 1NCG020704 Staius. `OF Mum: 001 Represented BY (Jdnternal Tidal 'Description: ditch li Domestic %; Industrial 96; 50 i Stormwater %: 50 �i ' 'County. Madison h - j "Waterbody; FRENCH BROAD RNER 'l UnnamedTributan Sub -basin: iO4-03-04 i Current Proposed Classification: Classification: Reclassify Date: Strearn index 6-P5d.5} 30Q2: Winter7010: Summer 7010:. Average CFS, " Sample Locations: Effluent Add.. In luerrt {_jl i l hdd:, T'Susp Start DI i Susp Stu Dl Comment Add t � f(Id,, Downstream El Adr� flpStream � th'....o........ ;,: OK._ J Cancel ~ Ready F SID PMOD — r Maintain CurrenlApplication Protluciian User: kelly.johns NC Division of Water Quality Basinwide Planning Program July 25, 2005 HAYWOOD Figure 8 French Broad River Subbasin 04-03-04 -1 -8 'Al H t MAblSON s"- ins Mars ; Hill. r a ; - ` r., ref:..., f; �[ F-1 s B 11 ;Marshall A-13- a �, G ¢e B-1 A 3 �. ' BUNCOMBE Legend OSubbasin Boundary {� Ambient Monitoring Station :41 Benthic station (. Fish Community Station NPDES Discharges A Maim • Minor Use Support Rating Supporting Impaired Not Rated No Data Primary Roads j County Boundary Municipality j-S YANCEY,-7 t SB-8 3 0 5 10 Miles a a.+a�. .. a ate•.. ... .�.,v.. �.. .,.v.. ........ ......... ... ......,.J .� .... �__ 'J c 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. 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', •,_ r.. .• .,i '.r _ 1. � r "1 I' •Y.h �I �•_ �,•'Hrp[�lpisai:['i.uily: `- i.•,�r�, +��, +'�••`�,7;��`:�'• I . !I � �,• l• - - •�,I .^,I./', •,•� >� .'I.'r���.••�~'�•�` ra'-.•,.are- rtvarr'ut.' ••-t, VICINITY MAP: MARSHALL QUADRANGLE NOTTO SCALE