HomeMy WebLinkAboutNCG020744_COMPLETE FILE - HISTORICAL_20150528V) 5 I� D
STORMWATER DIVISION CODING SHEET
NCG PERMITS
PERMIT NO.
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DOC TYPE
-n-'HISTORICALFILE
❑ MONITORING REPORTS
DOC DATE
❑ � o l ,J d s j2i
YYYYMMDD
AM
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Wiley Roark
Maymead Materials, Inc.
P.O. Box 911
Mountain City, TN 37683
Dear Mr. Roark:
Donald R. van der Vaart
Secretary
May 28, 2015
Subject: NPDES General Permit NCG020744
Maymead Materials, Inc.
Formerly J.W. Hampton Co.
Certificate of Coverage NCG020744
Watauga County
Division personnel received your request to revise your stormwater permit Certificate of Coverage
to accurately reflect your new company and/or facility name.
Please find enclosed the revised Certificate of Coverage. The terms and conditions contained in
the General Permit remain unchanged and in full effect. This revised Certificate of Coverage is
issued under the requirements of North Carolina General Statutes 143-215.1 and the
Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency.
If you have any questions or need further information, please contact the Stormwater Permitting
Program at (919) 707-9220.
Sincerely,
ORIGINAL SIGNED M
for Tracy E. 13M, FFkPM, Director
Division of Energy, Mineral and Land Resources
cc: Winston-Salem Regional Office
Stormwater Permitting Program Files
Central Files
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
1612 Mail Service Center, Raleigh, North Carolina 27699-1612.919-707-92001 FAX: 919-715-8801
512 North Salisbury Street, Raleigh, North Carolina 27604 • Internet: http://portal.ncdenr,o[g/web/Ir/
An Equal Opportunity l Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper
STATE Oh NORTH CAROLINA
DEPARTMENTOF ENVIRONMENT AND NATURAI- RESOURCES
DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020744
STORMWATER AND WASTEWATER DISCHARGIES
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,
Maymead Materials, Inc.
is hereby authorized to operate approved wastewater treatment systenl(s) and discharge
stormwater and/or wastewater, as approved in the original permit/application or subsequent
permit modification, from a flacility located at:
Maymead Materials, Inc.
5251 US I+xy 4214 S
Boone
Watauga County
to receiving waters designated as Thaxon Creek, a class C water in the New River Basin, ill
accordance with the effluent limitations, monitoring requirements. and other conditions set forth
in accordance in Parts I. 11, Ill. and IV of General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective May 28, 2015.
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 28, 2015.
ORIGINAL SIGNED M
KEN PICKLE
fin- `[racy E. Davis, P.E, Director
Division of Energy, Mineral, and Land Resources
By the Authority of the Environmental Management Commission
Division of Energy, Mineral & Land Resources
!r Land Quality Section/Stormwater Permitting
National Pollutant Discharge Elimination System
NCDENR
NN. W o.
PERMIT NAME/OWNERSHIP CHANGE FORM
�gNROHROq MCgT u+o NiP�qu. FZ��gcC5
FOR AGENCY USE ONLY
Date Received
Year Month Day
I. Please enter the permit number for which the change is requested.
DES Permit (or) Certificate of Coverage
2 10 17 14 1 4 10 Q '%
-
�
II. Permi status prior to requested change. •
a. Permit issued to (company name): J.W. Hampton Co
b. Person legally responsible for permit: Johnny _ _ _ Hampton
First MI _ Last
Title
3632 Old HWY 421 S
Permit Holder Mailing Address
Boone NC 28607
City State Zip
(828) 264-7103 { }
Phone Fax
c. Facility name (discharge): J. W. Hampton Recycling Co
d. Facility address: 5251 US HWY 421 S
Address
Boone NC 28607
city State Zip
e. Facility contact person: Johnny Hampton (828) 264-7103
First I MI I Last Phone
III. Please provide the following for the requested change (revised permit).
a. Request for change is a result of: ® Change in ownership of the facility
® Name change of the facility or owner
If other please explain:
b. Permit issued to (company name):
c. Person legally responsible for permit:
OR 13 2015.
4T{1RM4I Kj'iik &_nw;rF[lj%!G
d. Facility name (discharge):
e. Facility address:
f. Facility contact person:
Maymead Materials, Inc.
Wiley Roark
First Ml Last
President
Title
PO Box 911
Permit Holder Mailing Address
M6untain City TN 37683
City State Zip
(423) 727-2000 wbr@maymead.com
Phone - - E-mail Address
Maymead Materials 421 Recycle Yard
5251 US HWY 4214 S
Address
Boone NC 29607
City State Zip
Wiley Roark _
First _ MI Last
(423) 727-2000 wbr@maymead.com
t f Phone E-mail Address
i�
IV. Permit contact information (if different from the person legally responsible for the permit)
Revised Jan. 27, 2014
NPDES PERMIT NAME/OWNERSHIP CHANGE FORM
Page 2 of 2
Permit contact: _ Sean Mackey _
First M1 Last
Project Manager
Title
PO Box 911
Mailing Address
Mountain City TN 37683
City State Zip
(423) 727-2000 smackey@maymead,com
Phone �E-mail Address
V Will the permitted facility continue to conduct the same industrial activities conducted prior
to this ownership or name change?
® Yes
❑ No (please explain)
VI Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS
ARE INCOMPLETE OR MISSING:
❑ This completed application is required for both name change and/or ownership change
requests.
❑ Legal documentation of the transfer of ownership (such as relevant pages of a contract deed,
or a bill of sale) is required for an ownership change request. Articles of incorporation are
not sufficient for an ownership change.
The certifications below must be completed and signed by both the permit holder prior to the change, and
the new applicant in the case of an ownership change request. For a name change request, the signed
Applicant's Certification is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, JohnnHampton, Jw Hampton, attest that this application for a name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not completed and that if all required supporting information is not included, this
application package will be returned as incomplete.
Signature
APPLICANT CERTIFICATION
Lr1 ztlz ,�-
Date
I, W.B. Roark Ma mead Materials Inc., attest that this application for a name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts
of this application are not c ted and that if all required supporting information is not included, this
applica ' n package wil e ret ed as incomplete.
r� _
A,
Signature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Energy, Mineral and Land Resources
Stormwater Permitting Program
1612 Mail Service Center
Raleigh,'North Carolina 27699-1612
Revised Jan, 27, 2014
STATE OF NORTH CAROLINA
COUNTY OF WATAUGA
CLOSING
BILL OF SALE
THIS BILL OF SALE made this 1P day of January, 2015 by and between J..W.
HAMPTON COMPANY, hereinafter referred to as "Seller"; aiid MAYMEAD MATMALS,
INC., hereinafter referred to as "Buyer,"
WITNESSETH:
In consideration ofthe sum of One Million Four Hundred Eighty -One Thousand Dollars
($1,481,004.00) plus $5/ton for any additional crusher run produced by Seller, less a S 170,000.00
deposit prepaid by Buyer on 11 / 13/2014 for the early release of two pieces of equipment from Seller
to Buyer of a Case 921 C Wheel Loader and a Samsung SE 280 LC-2 Excavator, to enable Seller
to make a 1031 reinvestment in a Hitachi Excavator, and other good and valuable consideration paid
or agreed to by Buyer with Seller, Seller has bargained and sold and hereby conveys to Buyer:
All of the crushing/recycling business operations and equipment of J.W. Hampton as listed on
Exhibit A, attached hereto and incorporated by reference herein, (two of which Seller owned
pieces that are described above were previously delivered to Buyer on 1IJ13/2014), exclusive
of the two equipment pieces owned, sold, and delivered separately to Buyer by Johnny C,
Hampton for $120,000.00 paid by Buyer on 7/10/2014 under another Bill of Sale as listed on
Exhibit A, but inclusive of existing crushed stone inventory located on the approx 4.341 acre
leased SW portion of the 22+ acre Johnny C. Hampton property (formerly owned by Ragan,
as shown in Plat Book 22, Page 422) which is being leased to Maymead, anchor on the adjacent
land parcel being leased from McNeil by J, W. Hampton Cornpany as described in RB 1756,
Page 66, Watauga County, (which property is being subleased to Ma}mead), both of which
parcels are located on the north side of new US Hwy 421 S, approx. 6-8 miles east of Boone.
Seller also agrees to sign over, endorse and fill out all documentation to legally transfer its air and
land quality permits and mining permits associated with the above described leased properties and
Sellers asphalt crushing operation business that is being hereby transfered to Maymead; Seller
covenants that it is seized of said property and has the right to convey the same in its "as is" present
condition and the same is free and clear of all liabilities and e=rnbrances.
This 13 day of January, 2015,
J. W, HAMPTON COMPANY
BY: 2__�dr YI L (SEAL}
TITLE: Plzl:_sl DEN
Beverly Eaves Perdue, Governor
A
.� IMy,..<w+n�i
January 30, 2009
Mr. Johnny C. Hampton
J. W. Hampton Co.
3632 Old Flwy 421 South
Boone, NC 28607
Dee freeman, Secretary
North Carolina Department of Environment and Natural Resources
Colecn 11 Sullins, Director
Division of Water Quality
Subject: General Permit No. NCG020000
J.W. Hampton Recycling Co.
COC NCG020744
Watauga County
Dear Mr. Hampton:
fn accordance with your application for a discharge permit received on December 15,
2008, we are forwarding herewith the subject certificate of coverage to discharge under the
subject state — NPDIS 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 Environniental Protection Agency dated October.15, 2007 (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.
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Quality or'perrnits 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 Robert Patterson at
telephone nulribcr (919) 807-6375.
Sin ORIGINAL SIGNED BY
I�EN PICKLE
fot• Colcen H. Sullins
cc: Winston-Salem Regional Office
Central Flles
'Stormwater Permlttli-lg Unit Files i
- I��n'lhCAf6llna
��ljrrtrrra��j
North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27099-1617 Phone (919) 807-6300 Customer Service
Internet: +vw+v.nc++'atergmilitv.org Location: 512 N. Salisbury St. Raleigh, NC 27604 fax (919) 807-6494 1-877-623-0748
An Equal Opportunly7Aifirmative Action Employer — 50% Recyciedl10% Post Consumer Paper
STATE OF NORTH CAROLINA
DLPAR717MLNT OF ENVIRONMENT AND NATURAL RESOURCLS
DIVISION OF WATER QUALITY
GENERAL PERMIT NO. NCG020000
CERTIFICATE OF COVERAGE No. NCG020744
S`I'ORMWATER DISCHARGES
ATIONAL I'OLLUTANT DISC1-IARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-21 S.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,
JIM. Hampton Co.
is hereby authorized to discharge stormwater from a facility located at
J.W. Hampton Recycling Co.
3632 Old Hwy 421 South
Boone
Watauga County
to receiving waters designated as Thaxon Creek, a class C-+ water 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 General Permit No. NCG020000 as attached.
This certificate of coverage shall become effective January 30, 2009.
This Certificate of Coverage shall remain in effect l-or the duration of the General Permit.
Signed this 30"' day of .lanuary, 2009.
ORIGINAL SIGNED By
KFN PICKLI:
for Coleen 1-1. Sullins., Director
Division of Water Quality
By the Authority of the Environmental Management Commission
I . Hampton Recyclying Co.
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J.W. Hampton Co.
J.W. Hampton Recycling Co.
Latitude: 36' 13' 41" N
Longitude: 81' 35' 19" W
County: Watauga
Receiving Stream: Thaxon Creek
Stream Class: C:+
Sub -basin: 05-07-01 (New River Basin)
ofl
Facility Location
AFWA
'74,�a
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
November 20, 2008
Mr. Johnny Hampton
The J. W. Hampton Company
3632 Old 421 South
Boone, North Carolina 28607
Re: J W Hampton Recycling Plant
Watauga County
New River Basin
Dear Mr. Hampton:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
The application for a mining permit for the above referenced mine site has been found
to meet the requirements of G.S. 74-51 of The Mining Act of 1971, As we have received the
required security to cover this application, I am enclosing the mining permit.
The conditions of Mining Permit No. 95-08 were based primarily upon information
supplied in the application with conditions added as necessary to insure compliance with The
Mining Act of 1971. This permit expires on November 20, 2018. G.S. 74-65 states that the
issuance of a mining permit does not supersede or otherwise affect or prevent the
enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or
county or by any agency or department of the State of North Carolina.
As a reminder, your permitted acreage at this site is 5.0 acres and the amount of land
you are approved to disturb is 4.5 acres.
Please review the permit and contact Judy Wehner, Assistant State Mining Specialist,
at (919) 73374574 of any objection or questions concerning the terms of the permit.
Sincerely,
4xo�
�/
Floyd R. Williams, PG, CPG, CPM
State Mining Specialist
Land Quality Section
FRW/jw
Enclosures: Permit No. 95-08
Notice of Issuance
cc: Mr. Matt Gantt, PE
Ms. Shannon. Deaton -WRC, w/permit
Mr. Bradley Bennett-DWQ, wlpermit
Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures
US Fish and Wildlife Service, w/ permit
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / FAX: 919-733-2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
An Equal Opportunity 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:
The J. W. Hampton Company
J. W. Hampton Recycling Plant
Watauga County - Permit No. 95-08
for the operation of a
Crushed Stone Processing Plant
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 20, 2018
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, andtransfer 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.
Exertion Date
This permit shall be effective from the date of its issuance until November 20, 2018.
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:
Page 3
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. 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 Site Plan last revised October 25, 2008 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.
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
Page 4
sediment from discharging onto adjacent surface areas or into any lake, wetland
or natural watercourse in proximity to the affected land.
B. All mining activities, including the installation and maintenance of all erosion and
sedimentation control measures, shall be conducted as indicated on the Site
Plan last revised October 25, 2008 and supplemental information received by
the Land Quality Section on May 20, 2008, July 24, 2008, and October 2, 2008.
C. Only clean stone, concrete and brick material may be brought on this site for
processing and recycling.
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.
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.
8. Blastin
No blasting operations shall be conducted at this site.
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
Page 5
access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided
at the junction between the top of rock and the toe of any overburden cut slope.
10. Visual 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. 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 otherwaste'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
Page 6
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
E. Only clean stone, concrete and brick material may be brought on this site for
processing and recycling.
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. Bondinq
The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $17,900.00
surety bond, is sufficient to cover the operation as indicated in the approved application.
This security must remain in force for this permit to be valid. The total affected land
shall not exceed the bonded acreage.
15. Archaeological Resources
Authorized representatives of the Division of Archives and History shall be granted
access to the site to determine the presence of significant archaeological resources.
Page 7
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 (rock processing and crushing) on any
segment of the permit area and shall be completed within two years after completion or
termination of mining (rock processing and crushing).
RECLAMATION CONDITIONS:
Provided further, and subject to the reclamation schedule, the planned reclamation
shall be to reclaim the rock processing and crushing area by removing from the site all
equipment, the processing and crushing plant along with all processed, un-processed,
and crushed rock.
2. The specifications for surface gradient restoration to a surface suitable for the planned
future use are as follows:
Page 8
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.
C. The processing, stockpile, and other disturbed areas shall be leveled and
smoothed.
D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before
revegetation.
E. No contaminants shall be permanently disposed of at the mine site. On -site
disposal of waste shall be in accordance with Operating Conditions Nos. 12.A.
through E.
F. The affected land shall be graded to prevent the collection of noxious or foul
water.
3. Revegetation Plan:
Disturbed areas shall be permanently revegetated as per the following:
Permanent Seeding Specifications
Dates Species
February 15- April 1
Korean Lespedeza
Fescue
Redtop
Winter rye (grain)
April 1- July 31 Common Bermuda
August 1- October 25 Lespedeza (unscarified)
German millet
October 25- February 15 Rye (grain- temporary)
Soil Amendments
Rate, Lbs/Acre
10
40
1
15.
50
30
40
120
Lime: 2000 Ibs/acre or follow recommendations from a soil test.
Page 9
Fertilizer: 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil
test.
Mulch: All seeded areas shall be mulched using small grain straw at a rate of
2000 Ibs/acre and anchored appropriately.
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 shali.be conducted simultaneously with mining to the extent feasible. In
any event, reclamation shall be initiated as soon as feasible after completion or
termination of mining of any mine segment under permit. Final reclamation, including
revegetation, shall be completed within two years of completion or termination of
mining.
Permit issged this 20th day of November, 2008.
James D. Simons, Director
Division of Land Resources
By Authority of the Secretary
Of the Department of Environment and Natural Resources
NOTICE OF ISSUANCE OF
MINING PERMIT
You have previously expressed an interest and/or are listed as an adjoining landowner
in the application for a mining permit filed by The J.W. Hampton Company to conduct mining
activities off US. Highway 421 in Watauga County. The mining permit (no. 95-08) was issued
on November 20, 2008.
North Carolina law allows persons aggrieved by the issuance of a mining permit to
contest the decision by filing a petition for a contested case in the Office of Administrative
Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA).
If you believe that you are an aggrieved party within the meaning of the APA, a petition
for a contested case must be filed in the Office of Administrative Hearings within sixty (60)
days of the mailing of this notice to you.
If you file a contested case petition, it must be in writing and in the form prescribed by
N.C. General Statutes 150B-23. File the original petition and one copy with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.
Any questions about filing a petition may be directed to the Clerk of the Office of
Administrative Hearings by telephoning (919) 733-0926.
You must serve the Department of Environment and Natural Resources by mailing a
copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel,
Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC
27699-1601.
es D. Simons
Kirector
vision of Land Resources
North Carolina Department of
Environment and Natural
Resources
This notice was mailed on v 8
Brenda Harris
Mining Program Secretary
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