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HomeMy WebLinkAboutNCG020991_Application_20211025DocuSign Envelope ID: 6B29EEDC-C9A5-4098-84CF-3E3ABF97AC48 Division of Energy, Mineral, and Land Resources Land Quality Section National Pollutant Discharge Elimination System OIL NCG020000 This general permit covers STORMWATER AND/OR WASTEWATER DISCHARGES associated with activities under SIC (Standard Industrial Classification) Code 14 [Mineral Mining Industry] except for: peat mining, coal mining, metal mining, oil and gas extraction, tourist gem mines, NCDOT borrow pits, in -stream sand mining, and discharges from mining operations which are intermixed on site with stormwaterfrom concrete operations. you can find information on the DEMLR Stormwater Program at deq.nc.gov/SW. FOR AGENCY USE ONLY Date Received Year Month Dap Certificate of Coverage Check Amount 55351 100. Permit Assigned to r; Directions: Print or type all entries on this application form. Send the original, signed application with all required items listed in Item (9) below to: NCDEMLR cowym Stormwater Program, 512 N. Salisbury St., 1612 MSC, Raleigh, NC 27699-1612. d, The submission of this form does not guarantee coverage under the General Permit. Prior to 1 erqLnu General Permit a site inspection will be conducted. OCT 2 5 2021 1. Owner/Operator (to whom all permit correspondence will be mailed): DENW akin Name of legal organizational entity: Legally responsible person as signed9 ftWMMgl� fl417T1 RBP Holdings Inc. Jim wggins Street address: City: State and zip code: Po Box 806 Ahoslde North Carolina 27910 Telephone number: Email address: (252) 287-9790 Jimmigginsi%irosebrotherspaving.wm 2. Industrial Facility (facility being permitted): Facility name: Facility environmental contact: The Twenty Twenty Pit Mine Jim ViAggins Street addr ss: ctfnes R0� City: State an l ode- U 5 5 2 Sldvil e le6 C, Y Telephone Numb : Email address: (252)287-9790 Latitude of entrance: 36.30106 N Longitude of entrance: 77.63252 INParcel Identification Number (PIN) 4-digit SIC code: Facility is: Date operation is to begin or began: 1400 ❑ New []Proposed E] Existing November 2, 1973 Brief description of the types of minerals mined at this facility: Sand and Gravel Is this a processing -only facility for materials mined elsewhere? Is this an inactive mine site? ❑ Yes ElYes I] No El No Does total area of this mine site include ready -mixed concrete plant and/or asphalt plant areas? ❑Yes, and has separate NPDES stormwater permits (provide permit numbers): ❑Yes, and does not have separate NPDES stormwater permits 0 No Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section? QYes (please provide the Mining Permit Number) 66-oi ❑ No (please indicate the status of the Mining Permit application) Page 1 of 8 DocuSign Envelope ID: 6B29EEDC-C9A6-4098-84CF-3E3ABF97AC48 Are you applying for a discharge permit in the same location as a previously permitted mine? ❑• Yes (please provide permit number and mine name) Twenty -Twenty Pit Mine 66-01 ❑ No If the stormwater discharges to a municipal separate storm sewer system (MS4), name the operator of the MS4: ❑ N/A 3. Consultant (if applicable): 4. Name of consultant: Consulting firm: Stacey A. Smith, P.E. Smith Gardner, Inc. Street address: City: State and zip code: 14 N. Boylan Ave Raleigh North Carolina 27603 Telephone number: Email address: (919) 828-0577 stacey6srn&Qardne6nc.com Development Activities and Buffers Mining operation will precede development activities at this site: ❑ Yes ❑ No Mine is located within one of the 20 Coastal Counties, and will it add more than 10,000 ft' of impervious surface: ❑ Yes (to both) ❑ No, this mine is within one of the 20 Coastal Counties, but will not at more than 10,000 ftz of impervious surface ❑� No, this mine is not within one of the 20 Coastal Counties Mine is in the Neuse, Tar -Pamlico, or Catawba River Basins, OR in the Randleman or Jordan Water supply Watersheds? []Yes (specify size of stream buffers) ❑� No S. Mine Dewatering Mine dewatering will occur at this site: ❑ Yes ❑° No (mark N/A for the rest of this section) Mine dewatering from this facility will be discharged to: []Surface Waters and/or Wetlands []Other (specify) ❑Mine will not discharge dewatering to Surface Waters and/or Wetlands; specify how dewatering will occur and where water will be directed: ❑� N/A Wetlands and/or Surface Waters are within 40V of the mine pit perimeter: 404/401 Certification permits required: [I Yes (specify distance) ❑Yes (briefly describe) ❑ No ❑ No r❑ N/A r❑ N/A Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? []Yes (please attach to this application) ❑° No 6. Wastewater Treatment Will this facility wash mined materials? [I Yes El No Will discharges of process wastewater treatment systems occur (including possible recycle system overflows) ❑ Yes (please describe) ❑� No Page 2 of 8 DocuSign Envelope ID: 6B29EEDC-C9A5-4098-84CF-3E3ABF97AC48 Will this facility employ chemical additives to flocculate suspended solids? []Yes (specify name/manufacturer/quantity of daily use) ❑° No Note: please visit: httos://files.nc.gov/ncdeg/Water+quality/Environmental+Sciences/ATU/PAM8 30 18.odf for list of approved PAMS Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that exceed the 10-yr, 24-hr rainfall event? ❑ Yes (specify which systems) ❑� No Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? ❑Yes ❑� No Wastewater Treatment Alternative Review as required by 15A NCAC 211-11.0305(c)(2) Types of wastewater this mine site will discharge: ❑ Mine Dewatering ❑ Process Wastewater Types of wastewater considered for this alternative review: []Mine Dewatering ❑ Process Wastewater Are there existing sewer lines within a one -mile radius? ❑ Yes ❑ Wastewater treatment plant will accept wastewater ❑ Is feasible to connect (explain) ❑ Is not feasible to connect (explain) ❑ Wastewater treatment plant will not accept wastewater (please attach letter documenting this) ❑� No Are you already proposing a closed -loop recycle system (CLRS) that meets design requirements of 15A NCAC 2T .30000? []Yes, for dewateri ng []Yes, for process wastewater ❑ Yes, for both ❑ No, this option is technologically feasible (explain) ❑ No, this option is not technologically feasible (explain) ❑ No, this option is otherwise feasible (explain) ❑No, this option is otherwise not feasible (explain) What is the feasibility of building a CLRS compared to direct surface water discharge? N/A Surface or Subsurface Disposal System ❑ A surface or subsurface disposal system is technologically feasible (explain) ❑ A surface or subsurface disposal system is not technologically feasible (explain) ❑ A surface or subsurface disposal system is otherwise feasible to implement (explain) ❑A surface of subsurface disposal system is not otherwise feasible to implement (explain) What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters? N/A Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options for the wastewaters being considered? DYes ❑ No Page 3 of 8 DocuSign Envelope ID: 6B29EEDC-C9A5.4098-84CF3E3ABF97AC48 If this review included all wastewater discharge types, would excluding some types make any of the above non -discharge options feasible for some the wastewaters? ❑ Yes ❑ No 7. Outfalls(s) At least one outfall is required to be eligible for coverage. 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. 001 ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑� Stormwater ❑ Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: ❑� Only during a rainfall event ❑ Intermittently (please indicate how often) []Continuously (please indicate flow in CFS) Latitude of outfall: 36129'52.62 N Longitude of outfall: 77•o625.og• w Brief description of the industrial activities that drain to this outfall: Mining Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired. ❑ This watershed has a TMDL Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: ❑ Only during a rainfall event []Intermittently (please indicate how often) []Continuously (please indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is impaired. ❑This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater []Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: ❑ Only during a rainfall event ❑ Intermittently (please indicate how often) ❑ Continuously (please indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? Page 4 of 8 DowSign Envelope ID: 6B29EEDC-C9A6-4098-84CF-3E3ABF97AC48 All outfalls must be listed and at least one outfall is required. Additional outfalls may be added in the section "Additional outfalls" found on the last page of this NOI. 8. Other Facility Conditions (check all that apply and explain accordingly): 9. []This facility has any other NPDES permits. If checked, list the permit numbers for all current NPDES permits: []This facility has Non -Discharge permits (e.g. recycle permit). If checked, list the permit numbers for all current Non - Discharge permits: ❑ This facility uses best management practices or structural stormwater control measures. If checked, briefly describe the practices/measures and show on site diagram: ❑This facility has a Stormwater Pollution Prevention Plan (SWPPP). If checked, please list date that SWPPP was implemented: ❑ This facility stores hazardous waste stored in the 100-year floodplain. If checked, describe how the area is protected from flooding: ❑ This facility is a (mark all that apply) ❑Hazardous Waste Generation Facility ❑ Hazardous Waste Treatment Facility ❑ Hazardous Waste Storage Facility ❑ Hazardous Waste Disposal Facility If checked, indicate: Kilograms of waste generated each month: Type(s) of waste: How material is stored: Where material is stored: Number of waste shipments per year: Name of transport/disposal vendor: Transport/disposal vendor EPA ID: Vendor address: ❑ This facility is located on a Brownfield or SUPERFUND site If checked, briefly describe the site conditions: ❑ Facility provides appropriate secondary containment for bulk storage of liquid materials If checked, briefly describe these measures: ❑ Site has an active landfill within the mining permit boundary If checked, please indicate type: a) ❑ LCID (Land clearing and Inert Debris) b) []other (specify) Items (Application will be returned unless allot the following items have been [9theck for $100 made payable to NCDEQ ❑� Copy of most recent Annual Report to the NC Secretary of State ❑� This completed application and any supporting documentation ❑� Copy of the approved mining permit or indication of mining permit application status ❑� Copy of US Army Corps— approved wetland delineation (if applicable) Page 5 of 8 DocuSign Envelope ID: 6829EEDC-C9A64098-84CF-3E3ABF97AC48 ❑� Line drawing of the water flow through the facility or block flow diagram ❑� Pictorial description of the nature of any sources of water and any collection and treatment measures ❑• A site diagram showing, at a minimum, existing and proposed: a) outline of drainage areas b) surface waters c) stormwater management structures d) location of stormwater outfalls corresponding to the drainage areas e) runoff conveyance features f) areas where materials are stored g) impervious areas h) site property lines El2 copies of large scale (24"x36" minimum) site plan showing: a) topographical lines b) all outfall locations c) applicable buffers and delineated wetlands d) receiving waters e) 100-year flood plain (if applicable) ❑� Copy of county map or USGS quad sheet with the location of the facility clearly marked If mines site is in one of the 20 Coastal Counties (if applicable) ❑ Applicant has check with the appropriate regional office to verify the need for a Coastal State Stonmwater permit. a) Indicate the Regional Office Contact: ❑ Detailed list of: a) impervious surface areas and percentages b) sub -drainage areas c) total drainage area If mine is dewatering and near wetlands, or may otherwise impact surface waters or groundwater (ff applicable) ❑ 2 copies of large scale (24"06" minimum) plans delineating areas on the listing acreage including: a) wetlands b) ditches c) well -placements d) pits e) borrow areas f) overburden storage g) stormwater controls/BMPs h) vehicle maintenance areas i) settling basins j) product process (such as screening, stockpiles, and waste piles) k) total drainage area 1) impervious surface percentages (if state Stormwater programs apply) m) applicable buffers n) access and/or haul roads ❑ Pump dewatering size and information on its specifications ❑ Well information (design, depths, maintenance) ❑ Physical monitoring for the wetland areas ❑Settling pond size information, if applicable ❑ Level spreader design, if applicable ❑ Details about dewatering method ❑ Cone of influence calculations Page 6 of 8 DocuSign Envelope ID: 6B29EEDC-CSA5.4098-84CF-3E3ABF97AC48 ❑ Description of measures to prevent erosion and flooding ❑ Description and information about 401/404 permits that have been obtained ❑ Copy of US Army Corps of Engineers wetlands delineations or approved wetland delineation (if applicable) ❑ I have contacted my local regional office about a Pumping Operation and Monitoring (POM) plan a) Regional Office Contact: b) Date Contacted: 10. Applicant Certification: North Carolina General Statute 143-215.6E (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 this Article or a rule implementing this Article ... shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 1 hereby request coverage under the referenced General Permit. Under penalty of law, I certify that: ❑ I am the person responsible for the permitted industrial activity, for satisfying the requirements of this permit, and for any civil or criminal penalties incurred due to violations of this permit. ❑ The information submitted in this NOI is, to the best of my knowledge and belief, true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. ❑ 1 will abide by all conditions of the NCG02 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 hereby request coverage under the NCG020000 General Permit and 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. Printed Name of Person Signing: Jim Wiggins Title: Project Manager E SigneE Uy: Eli �tri2g�1. (Signature of Applicant) 10/18/2021 (Date Signed) Mail the entire package to: DEMLR—Stormwater Program Department of Environmental Quality 512 N. Salisbury Street, 6" floor 1612 Mail Service Center Raleigh, NC 27699-1612 Page 7 of 8 DocuSign Envelope ID: 6B29EEDC-C9A5-4098-84CF-3E3ABF97AC48 Additional Outfalls 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is on the 303(d) list. ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: ❑ Only during a rainfall event ❑ Intermittently (please indicate how often) ❑ Continuously (please indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑This water is on the 303(d) list. ❑ This watershed has a TMDL. Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: ❑ Only during a rainfall event ❑ Intermittently (please indicate how often) ❑ Continuously (please indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑ This water is on the 303(d) list. ❑This watershed has a TMDL Discharge from this outfall is from: ❑Stormwater ❑ Mine Dewatering ❑Process Wastewater Discharge occurs from this outfall: ❑ Only during a rainfall event ❑ Intermittently (please indicate how often) []Continuously (please indicate flow in CFS) Latitude of outfall: Longitude of outfall: Brief description of the industrial activities that drain to this outfall: Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes ❑ No If yes, how many gallons of new motor oil are used each month when averaged over the calendar year? Page 8 of 8 Do Sign Envelope ID: 0960D84F-96AA-48FD-a6C9-0E06700B1C90 SMITH+GARDNER ENGINEERS August 24, 2021 ADDRESS rEt WEB 14 N. Boylan Avenue, Raleigh NC 27603 919.826.0577 www.smithgardnerinc.com Division of Energy, Mineral, and Land Resources, NCDEQ 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Annual Reclamation Report for 2020 Calendar Year Rose Brothers Paving Company, Inc. Mine Site, Mining Permit No. 66-ot Dear Sir/Madam: As required in the North Carolina General Statutes 74-55 and the mining regulations, Smith Gardner, Inc. is transmitting the attached two (2) copies of the Annual Reclamation Report for 2020 calendar year on behalf of Rose Brothers Paving Company, Inc. This reclamation report covers reclamation activities at the Rose Brothers Paving Company, Inc. Twenty - Twenty mine site. Mining Permit No. 66-01 (permit), located on Stanley Barnes Road, in Murfreesboro, North Carolina. During calendar year 2020, no new areas were affected by mining and no areas were reclaimed. Therefore, an updated mine map is not included in this report, as instructed in the reclamation form. The $400 annual operating fee will be paid directly by Rose Brothers Paving Company, Inc. and submitted under separate cover. We are prepared to promptly respond to any questions or concerns. Should you have any questions or require clarification, please contact us at (919) 828-0577 or by email below. Sincerely, SMITH GARDNER, INC. B«os�oea by aFFAB986926A4DE ELou J. Krasuski Staff Engineer, ext. 154 loufasmithgardnerinc.com Attachment Docusf9nea by: II SSfA" Q. SNtIT1A, 3369FBA008BB665 Stacey A. Smith, P.E. Senior Engineer, ext. 127 staceyfasmithga rdnerinc.com Cc: Walter F. Rose, Rose Brothers Paving Company, Inc. Jim Wiggins, Rose Brothers Paving Company, Inc. RECE,nvpr� OCT 2 z 421 LAND QUALITY MINING PROGRAM DocuSlgn Envelope ID: 0960D84F-96AA-48FD-86C9-OE0670OB1 C90 This page intentionally left blank. DocuSign Envelope ID: 0960D84F-96AA-48FD-86C9-OEO6700BIC90 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES MINING PROGRAM 2020 Annual Reclamation Report GENERAL INFORMATION Legal Corporate/Owner Name: Rose Rrotherc Paving Company. Inc. Mine Name: Twenty -Twenty Pit #1 Mine Permit No: 66-0t Mine Phone Number, if any_ MineAddress Address) Line 1: State: - NC Yip Responsible Official/Authorized Contact: Name/Title: nm wiggim Mailing Address Line 1: PO Box 806 Mailing Address Line 2: City/State/Zip Code: Ahoskie. NC 27910 Primary Phone No. (252)209-8144Fax No. (252)209-8148 Secondary Phone No. Email Address: iim.wi¢¢ins@rosebrothersoaving.com Is the site Active? X Yes No If mine is now inactive, when did mining stop? Date: Is this stoppage permanent? _Yes No If yes, do you wish to have this mine site released from your reclamation bond? _Yes No Was new land affected in 20207 Yes X No If yes, how much? Acres Is map on file current? X Yes No If the map Is not current, submit updated map showing affected acreage. invoice "Contact. Check if same as Responsible Official/Authorized Contact__ Name Title Mailing Address Une 2: City_ State: Zip Code: PrimaryPhone No. Fax No. _ Secondary Phone No EmailEmailAddr Estimate land to be newly disturbed by mining in the 2021 calendar year. 0 Acres Check here if no new acreage was to be affected in 2021: X List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 2020 calendar year. TAILINGS PONDS 8.4 Acres STOCK PILES 1.0 Acres WASTE PILES Acres PLANT AREA Acres MINE EXCAVATION 30.4 Acres TOTAL DISTURBED AREA AT SITE: 39.8 Acres "Note: WASTE PILES should include overburden storage/disposal areas and berms. State and describe the amount and type of reclamation carried out in 2020 calendar year: Check here if no reclamation completed' 2020: ® c sr,n,dbr: f W*i+ 8/25/2021 Signature of Responsible Official/Authorized Contact: eoe[rrarcwru„a_ Date: Print Name: Jim Wiggins Title: Project Manager "Complete and return by September 1, 2021, with the annual fee, and two copies of this form along with two copies of an updated mine map (if needed). Shaded areas are not required, but are useful to the Mining Program. DocuSign Envelope ID: 0960D84F-96AA-48FO-86C9-OE06700BIC60 This page intentionally left blank. DocuSign Envelope ID: 0960D84F-96AA-48FD-86C9.OEO6700BIC90 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES MINING PROGRAM 2020 Annual Reclamation Report GENERAL INFORMATION Legal Corporate/Owner Name: Rnse Brothers paving Company. Inc. Mine Name: Twenty -Twenty Pit #1 Mine Permit No, fifi-0t Mine Phone Number, If any; Responsible Official/Authorized Contact: Name/Title: l'n+ Wiggins Mailing Address Line 1: PO Box 806 Mailing Address Line 2: City/State/Zip Code: Ahoskie. NC 27910 Primary Phone No. (252)209-8144Fax No. (252)209-8148 Secondary Phone No. Email Address:iim.wiesins@rosebrotherspavinR.com Is the site Active? X Yes No If mine is now inactive, when did mining stop? Date: Is this stoppage permanent? _Yes No If yes, do you wish to have this mine site released from your reclamation bond? _Yes No Was new land affected in 2020? _Yes X No If yes, how much? Acres Is map on file current? X Yes No If the map is not current, submit updated map showing affected acreage. Invoice Contact: Check if same as Responsible Offcial/Authorized Contact Name Tt City: - State: Zip Code: Prurary.Phone NoNo. Fax No _ Sedonda^� ry Phone No. EmailEmail Addres''s. Estimate land to be newly disturbed by mining in the 2021 calendar - year. 0 Acres Check here if no new acreage was to be affected in 2021: X List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 2020 calendar year. TAILINGS PONDS 8.4 Acres STOCK PILES 1.0 Acres WASTE PILES Acres PLANT AREA Acres MINE EXCAVATION 30.4 Acres TOTAL DISTURBED AREA AT SITE: 39.8 Acres "Note: WASTE PILES should include overburden storage/disposal areas and berms. State and describe the amount and type of reclamation carried out in 2020 calendar year: Check here if no reclamation completed in 2020, ® Do smned by: Signature of Responsible Official/Authorized Contact: �3LBEElamD4a.a... Date: 8/25/2021 Print Name: Jim Wiggins Title: Project Manager "Complete and return by September 1, 2021, with the annual fee, and two copies of this form along with two copies of an updated mine map (if needed). Shaded areas are not required, but are useful to the Mining Program. Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY December 1, 2017 Larry D. Rose Rose Brothers Paving Company, Inc. P O Box 806 Ahoskie, INC 27910 RE: Mining Permit No. 66-01 Twenty -Twenty Pit#1 Northampton County Dear Larry D. Rose: ROY COOPER Governor MICHAEL S. REGAN Secmnuy TRACY DAVIS Direaar This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The °life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of $400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December'31, 2017 — see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. ' Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. 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 remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wenner, Assistant State Mining Specialist, or me at (919) 707-9220. Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR State of Not th Carolina I Eu ironniental Quality I Enm9y, mineral and Land Resources 512N.Salisbury Street 11612Mall Service Center I R:deigh,North Caroltna27699-1612 919 707 9200 I UN Energy, Mineral and Land Resources ENVIRONMENTAL OVAL'" Mr. Jeff Rose Rose Brothers Paving Company, Inc. PO Box 806 Ahoskie, North Carolina 27910 RE: Permit No. 66-01 Twenty -Twenty Pit Northampton County Chowan River Basin Dear Mr. Rose: PAT MCCRORY Governor DONALD R. VAN DER VAART Secre,try May 10, 2016 TRACY DAVIS Diretmr Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted acreage to 267.26 acres and the affected acreage at this site to 39.88 acres as indicated on the mine map received March 7, 2016. The modification includes the addition of 13.45 acres of mine excavation located in the northwest corner of the affected acreage, north of the temporary access road. A copy of.the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4E, 5 and 13. 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 267.26 acres and the amount of land you are approved to disturb is 39.88 acres. Please review the modified permit and contact Judy INehner, Assistant Mining Specialist, at (919) 707-9220 should you have any questions concerning this matter. Sincerely, .Janet S. Boyer, PE State Mining Specialist JSB/jw Enclosures cc: Mr. John Holley, PE Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures Slam of No th Carolina I Enviroumental Quality I Eocrgy, Mirmral and land Rcsourues 1612 Mail Service Canter 1 512 N. Salisbury St. I Raleigh, NC 27699 919 707 9200 T DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 7446 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: Rose Brothers Paving Company, Inc. Twenty -Twenty Pit Northampton County - Permit No. 66-01 for the operation of a Sand 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. S MINING PERMIT EXPIRATION DATE: July 15 2025 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee•from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the'permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at -a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively, and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications March 11, 1998: This permit has been transferred in its entirety from Twenty -Twenty Corporation to Rose Brothers Paving Company, Inc. July 24, 1990: This permit has been modified to include the two (2) acre mine area on the Donald Barnes tract adjacent to the existing permitted area as indicated in the modification request latter and map dated May 24, 1990. March 10, 1998: This permit has been modified to increase the affected acreage from 46 acres to 111.34 acres as indicated on the mine map updated January 27, 1998. rf Page 3 January 18, 2005: This permit has been modified to increase the permitted acreage at this site to 364.13 acres and increase the affected acreage at this site to 115.47 acres. This modification includes the addition of 4.13 acres of affected land as indicated on the mine map dated November.19, 2004. September 3, 2008: This permit has been modified to allow the on -site temporary storage of excess clean borrow fill material from NC DOT Project #NC201807 as indicated on the 8'%x 14 inch mine map received on August 20, 2008. May 10, 2016: This permit has been modified to increase the permitted acreage to 267.26 acres and the affected acreage at this site to 39.88 acres as indicated on the mine map received March 7, 2016. The modification includes the addition of 13.45 acres of mine excavation located in the northwest corner of the affected acreage, north of the temporary access road. Expiration Date This permit shall be effective from the date of its issuance until July 15, 2025, 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: 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 Program to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. Page 4 3. A. Sufficient buffer (minimum 100 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. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation. C. No dewatering activities shall occur at this site. ; D. Mining activities shall occur as indicated on the mine map on'June 11, 2015 and the supplemental information received on December 16, 2014 and June 11, 2015. E. Mining activities associated with as indicated the addition of 13.45 acres of mine excavation located in the northwest corner and north of the temporary access road shall be conducted as indicated on the on the mine map and in the supplemental information both received March 7, 2016. 5. . All affected area boundaries (39.88 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. 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 sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. 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. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. Sufficient buffer (minimum 25 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. Page 5 10. 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 Division of Energy, Mineral and Land Resources, Department of Environmental Quality. 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 Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing_ debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel. D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and 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. 11. 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. Page 6 12. 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 or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on -site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S..74-54 in the form of a $25,400.00 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. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the' presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or. any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. 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 on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line.and'2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accoi&dance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April Kobe Lespedeza 10 -I Bahiagrass 50 Redtop 1 Winter rye (grain) 15' April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 ' October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibs/acre or follow recommendations from a soil test. 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. Page 9 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. This permit, issued -November 2, 1973 to Twenty -Twenty Corporation, renewed December 15, 1983, transferred in its entirety March 11, 1988 to Rose Brothers Paving Company, Inc., modified July 24, 1990, renewed February 22, 1994, modified March 10, 1998, renewed and modified January 18, 2005, modified September 3, 2008 and renewed July 15, 2015, is hereby modified this 1Oth day of May, 2016 pursuant to G.S. 74-62. By: Tracy E. Davis, Director Division of Energy, Mineral, and Land Resources r By Authority of the Secretary Of the Department of Environmental Quality Mine Excavation/Dredging (Pond) J Mine Stockpiles Mine Flows RBP Holdings, LLC The Twenty -Twenty Pit Mine Mine Permit No. 66-01 Outfall Mrin Rive °01 River