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HomeMy WebLinkAboutNCG020744_COMPLETE FILE - HISTORICAL_20150528V) 5 I� D STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /V '�� ((;�(� -7 "1 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. �VfS =�t>^�,,,,�/ 1 {iZ If al N00020744 N W E S Map Scale 1:24, 000 Q) 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 ID 1 fa�J. 7APse Crvsh�� S�orle �/o4os5inQ A jo/, S 17e in �nle� s7TO