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HomeMy WebLinkAboutNCG020792_COMPLETE FILE - HISTORICAL_19990602STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. /v DOC TYPE lKHISTORICAL FILE ❑ MONITORING REPORTS DOC DATE ❑ ) � 15 o � U,;� YYYYMMDD State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director June 2, 1999 Mr. Jeffery S. Ferguson Unimin Corporation 300 Crystal Drive Spruce Pine, North Carolina 28777 1 • • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: NPDES Stormwater Permit Application Unimin Corporation Quartz Operation Return Number 1010 Mitchell County Dear Mr. Ferguson: On March 25, t999 the Division of Water Quality received an NPDES Stormwater Notice of Intent for stormwater discharges from the subject facility. Division staff and Mr. Mike Parker of the Asheville regional office reviewed the application and determined that the permit coverage was not required. 'rhe facility stormwater discharges are covered under the existing NPDES permit NC0000175. Enclosed you will find the materials you submitted, including the $80.00 fee. If you feel the NOI is being; returned in error, please contact Mike Parker at the Asheville regional office, 828-251-6208 ext. 256. Sincerely, Darren M. England Stormwater and General Permits Unit -71% f cc: Mike Parker, Asheville Regional Office P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer %�4 1 0' op -7 �5_ ,V . 'J Telephone 919-733-5083 FAX 919-733-9919 50% recycled/ 10% post -consumer paper I r ' I unimin, Unimin Corporation 300 Crystal Drive • Spruce Pine, NC 28777 (PHONE) 828/765-4283 • {FAX} 828/765-4755 !CERTIFIED MAIL RETURN RECEIPT REQUESTED DIV, OF �,1tiTFR QiJAl_i1Y North Carolina Division of Environmental Management DIRECTOR'S OFFICE Water Quality Section, NPDES Group Post Office Box 29535 Raleigh, North Carolina 27626-0535 Subject: Unimin Corporation -- Quartz/Feldspar Operation Notice of Intent Requesting Coverage Under the Mining Activities General NPDES Permit NCG020000 Dear NPDES Group: Please find enclosed Notice of Intent requesting coverage under the mining activities General NPDES Permit NCG020000. Please note that all sedimentation and control structures, as well as wastewater treatment discharges are currently covered under NPDES Permit No. NCO000175. However, the Land Quality Section stated that this Notice of Intent must be submitted with the appropriate permit filing fee although all discharges are currently permitted. Also, please find the attached general permit filing fee in the amount of $80.00 made payable to NCDENR. If you have any questions or require further information, please calk or contact me at the above address. Sincerely, q1V Jeffrey S. F Pguson Environmental Engineer UNIMIN CORPORATION enclosure cc: Carl Horvat; Roy Riddle; gill Shalter; C. F. Stover (Cover Letter) t, k, 1, r,;j !I r J: L 7tb:) j I t 10 YZ FOR AGENCY USE ONLY 0 DATE RECEIVED YEAR MONTH DAY IAR O CERTIFICATE OF COVERAGE N a1 I Q DATEISSUED YEAR MONTH DAY NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NOTICE OF INTENT REQUESTING COVERAGE UNDER THE MINING ACTIVITIES GENERAL NPDES PERMIT NCG020000 Complete this Notice of Intent (NO[) and mail to the following address North Carolina Division of Environmental Management Water Quality Section, NPDES Group, P.O. Box 29535 Raleigh, North Carolina 27626-0535 The NOI must be accompanied with a general permit filing fee of $400.00. The check should be made out to the North Carolina Department of Environment, Health, and Natural Resources. Facility Owner/Operator Information: Name: Unimin Corporation Quartz 0 eration Address: Post Office Box 588 City: Spruce Pine State: NC Zip: 28777 Phone: 828-765-4283 Facility Location Information: I Name: Unimin Corporation Quartz Operation Address: NC Highway 226 City: Spruce Pine _ _ State: NC Zip. 28777 County: Mitchell Phone: 828-765-4283 Physical Location Information: (Street address, state road number, distance and direction from roadway intersection, and attach a copy of a county map or USGS quad with the location of the facility marked on the map.) Located on the left side of NC Highway 226 (Bakersville Highway) aonroximately 1 mile north of US19E Junction. [Agency use only: Latitude Longitude I NOI 02 PAGE 1 STF NCD0012F.1 . t. Type of minerals mined at this facility: uartz/feldspar Standard Industrial Classification (SIC CODE): 1459 This is an X existing facility or a proposed facility. If proposed, date operation is to begin Discharges are to N . Toe River storm sewer system, name of the separate storm sewer system) (for activity for which the facility is primarily engaged) (name of receiving waters or, if to a separate A. Does this facility have any NPDES Permits?X yes —no if yes, NPDES No. NC 0 0 0 017 5 B. Are vehicle maintenance activities occurring on site?._.yesXno C. Are mine dewatering discharges occurring?TyesX no D. Are discharges of overflows from process wastewater treatment systems occurring?TyesXno If yes, complete the following on the wastewater treatment system: 1. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. Water treatment facility covered under NPDES No. NCO000175 NOTE: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and specifications along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138. 1f construction of wastewater treatment facilities applies to the discharge of process wastewater, include three sets of plans and specifications with this application. 2. Does this facility employ chemical additives to flocculate suspended solids?X yes_no If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive. Water treatment facility covered under NPDES No. NC0000175 3. Does this facility overflow only during rainfall events exceeding the 10-year, 24-hour rainfall event? _yesX no E. Does this facility employ any best management practices for stormwater control?Xyes—no If yes, please describe Sed. & control structures are utilized to collect storm - water, releasing thru perforated riser pipes encapsulated with stone. NOI 02 PAGE 2 STF NCD0012F.2 F. Number of discharge points Mine Dewatering 0 Stormwater 6 Process Wastewater Overflows Please provide short narrative description of discharges Stormwater discharged from sediment ponds utilizing ri -ra . Process wastewater is treated and discharged under controlled conditions, covered under NPDES No. NC0000175. I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request.) 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit. I certify that I am familiar th the information contained in the application and that to the best of my knowledge and belief such informatiog is trueAoomplete, and accurate. signature Carl Horvat March 19, 1999 date Plant Manager name of person signing above (printed or typed) title North Carolina General Statute 143-215.6B (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for similar offense.) NOI 02 PAGE 3 STF NCD0012F.3 DAMES 9. HUNTJR. i� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES February 22, 1999 Mr. Jeffrey S. Ferguson, Environmental Engineer UNIMIN Corporation 300 Crystal Drive Spruce Pine, North Carolina 28777 RE: Permit No. 61-04 Hawkins Mine Mitchell County French Broad River Basin Dear Mr. Ferguson: Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the size of the permitted tailings disposal area to include the new Disposal Area "D" as per the New Tailings Disposal Plan dated July 31, 1998 and the corresponding maps dated July 30, 1998. 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. 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 474 acres and the amount of land you are approved to disturb is 171 acres. LAND QUALITY SECTION (91 9) 733-4574 FAX (919) 733-2876 GEOLOGICAL SURVEY SECTION (919) 733-2423 FAX (919) 733-0900 P.o. BOX 27687, RALEIGH, NORTH CAROLINA 2761 1.7687 TELEPHONE (91 9) 733.3833 FAX (919) 71 5-8601 AN EQUAL OPPORTUN ITY ! AFFI RMATI V E ACTION EMPLOYER - SO% RECYCLED/I 0% POSY-CONSU M ER PAPER Mr. Ferguson February 22, 1999 Page Two Please review the modified permit and advise this office at (919) 733-4574 should you have any questions concerning this matter. Sincerely, 1�Tracy E. Davis, P.E. State Mining Specialist Land Quality Section TEDltls Enclosures cc: Mr. Richard A. Phillips, P.E. Ms, Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, wlenclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERM IT 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: UNIMIN Corporation Hawkins Mine Mitchell County - Permit No. 61-04 for the operation of a Feldspar -Quartz -Mica Mine 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 10, 2003 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 said, 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 March 5, 1 990: This permit has been modified to include the Geotechnical Investigation and Mine Tailings Disposal Plan Report (S&ME Project No. 1211-88-088) dated October 7, 1988 and the corresponding Sediment Control for Tailings Disposal, UNIMIN Quartz Plant (Westinghouse Project No. 1 211-88-088A) dated January 18, 1990, November 10, 1993: This permit has been modified to increase the permitted acreage to 474 acres and to allow the expansion of the mining and waste disposal areas as indicated on the Mine Maps received by the Land Quality Section on September 16, 1993. February 22 1999: This permit has been modified to increase the size of the permitted tailings disposal area to include the new Disposal Area "D" as per the New Tailings Disposal Plan dated July 31, 1998 and the corresponding maps dated July 30, 1998. Page 3 Expiration Date This permit shall be effective from the date of its issuance until November 10, 2003. 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: 1.. Wastewater and Quarry Dewaterin 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 stormwater 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 Stormwater Section, Division of Water Quality, to secure any necessary stormwater 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 quarry 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 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. Page 4 C. The buffer zones shown on the Mine Map received by the Land Quality Section on September 16, 1993 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. A minimum 100 foot undisturbed buffer zone shall be maintained between the North Toe River and any mining -related disturbance. In addition, a minimum 50 foot undisturbed buffer zone shall be maintained between any mining -related disturbance and any wetlands and watercourses. 4. Erosion and Sediment Control A. Adequate mechanical barriers including; but not limited to diversions, earthen dikes, silt check dams, silt 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. B. The erosion and sedimentation control measures shall be installed and maintained as indicated on the Mine Maps received by the Land Quality Section on September 16, 1993 to prevent off -site sedimentation. C. All drainage from the affected area around the mine excavation shall be diverted into said excavation or into the existing basins. D. The Geotechnical Investigation and Mine Tailings Disposal Plan Report (S&ME Project No. 121 1-88-088) dated October 7, 1988 and the corresponding Sediment Control for Tailings Disposal, UNIMIN Quartz Plant (Westinghouse Project No. 121 1-88-088A) dated January 18, 1990 shall be followed. E. The new Disposal Area "D",which will be an expansion of the existing tailings disposal area, shall be constructed and stabilized as indicated by the New Tailings Disposal Plan dated July 31, 1998 and on the corresponding maps dated July 30, 1998. Diversion herr abutments an+ sedimentation s with rip -rap and gravel outIMS. shall be installed alone the at the toe of the disposal areas to prevent off -site during the construction of Disposal Area "D". G. Slope drains and associated erosion and sediment control measures shall be installed as soon as feasible on each lift of Disposal Area "D" and such measures maintained until the slopes have been permanently stabilized. H. 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. Page 5 A A 7. Groundwater Protection Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. 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 on or otherwise provided with groundcover, devices or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit opening established after November 10, 1993 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 (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after November 10, 1993. 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. Blasting The operator shall provide to the Department a copy of the findings of any seismic studies conducted at this facility. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. The following blasting conditions shall be observed by the operator to prevent hazard to persons and adjacent property from thrown rock or vibrations; A. In all blasting operations, except as hereinafter otherwise provided, the maximum peak particle velocity of any component of ground motion small riot exceed 1 inch per second at the immediate location of any building outside of the permitted area regularly occupied by human beings such as dwelling house, church, school, public building, or commercial or institutional building outside of the permitted area. The operator shall monitor each blast with a seismogra Page 6 B. Airblast overpressure shall not exceed 128 decibels linear (DBL) as measured at the immediate location of any regularly occupied building outside of the permitted area such as any dwelling house, church, school, public building, or commercial or institutional building. If vibrationlairblast limits are exceeded, the operator shall 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 have been 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 airblast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. C. The operator shall take all reasonable precautions to insure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Should flyrock occur beyond the permitted and guarded area, or the level in Item A. above is exceeded, the operator shall report the incident to the Department immediately and further use of explosive at the site shall be immediately suspended until the following actions have been taken: I. A thorough investigation as to the cause(s) of the incident shall be conducted. 2. A satisfactory report detailing the investigation shall be provided to the Department within 10 days of the incident. Said 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 site. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of this permit. D. 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 off -site 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. E. The operator shall, when requested by the Department, give 24 hour advance notice to the Land Quality Section 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, adequately sized rock berms, or fencing shall be maintained at all times at the mining permit boundary to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction. between the top of rock and the toe of any overburden cut slope. Page 7 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. B. In addition'to grasses, loblolly and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. 1 1 . 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 he "mining refuse" (in addition to those specifically listed under G.S. 74-49 0 4) of the N.C. Mining Act of 1971): 1) on -site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1 . the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; Page 8 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. Bondinn The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket 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 9 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an.angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, 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: 1. Provided further, and subject to the Reclamation Schedule, the planned reclamation shall be to place overburden over mined -out benches and stabilize such areas with permanent groundcover. A permanent barricade (fence) shall be provided along the top of any highwall and any areas in unconsolidated material shall be graded and revegetated. The mine tailings disposal areas shall be stabilized and utilized as wildlife habitat. The plant site shall be utilized as an industrial site or other acceptable land use. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. Page 10 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. 12.A. through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: Disturbed areas shall be permanently revegetated according to the Revegetation Plan prepared by Ms. Susan J. Conley, Chairman of the Mitchell Soil & Water Conservation District, dated March 3, 1992. 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 to International Minerals & Chemical Corporation on August 7, 1973, modified January 18, 1980, renewed March 3, 1982, transferred in its entirety to UNIMIN Corporation on March 4, 1987, modified on March 5, 1990, and renewed and modified November 10, 1993, is hereby modified this 22nd day of February, 1999 pursuant to G.S. 74-52. Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources