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HomeMy WebLinkAboutNCG020992_Modification Application_20221026Memo SUBJECT Buechel Stone — Steel Gray Mine Stormwater Application DATE October 24, 2022 DEPARTMENT 30105159 COPIES TO Chris Bucy - Buechel Stone Kory Bestul - Buechel Stone OAARCADIS TO NC DEQ - DEMLR Stormwater Brittany Carson OUR REF 30105159 PROJECT NUMBER 30105159 NAME Christopher Peters, PG 517.324,5052 (0), 517.927.3611 (M) ch ris. oeters(d arcadis.com See attached for Revised Stormwater Permit Application for Buechel Stone Corporation Steel Gray Mine, Spruce Pine, North Carolina. The Stormwater permit is being revised to add two new surface water discharge outfalls, Outfalls 02 and 03, in response to a recent Notice of Violation from NCDEQ. The $100 application fee is attached. Section 1 -Application Form Section 2 - Figures (D-sized Plan Sheets) Figure 1 - Quadrangle Map Figure 2 - Site Plan - Proposed Plan Modification Figure 3 - Approximate Drainage Area and Stormwater Features Section 3 - Attachment 1 Details of erosion and stormwater management features Stormwater Calculations Section 4 - Mine Permit and NOV Arcedis U.S., Inc., 300 S Washington Square, Suite 315, Lansing, Michigan, 517 337 0111, 1/1 Cwm mama BSC StW Gm Mire S4 M.We rev 20221020 Section 1 Application Form rRECEIVED. Division of Energy, Mineral, and Land Resources Land Quality Section National Pollutant Discharge Elimination System E)FI R-Stormwater Program 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 stormwater from concrete operations. You can find information on the DEMLR Stormwater Program of deq.nc.gov/S W. I FOR AGENCY USE ONLY I Year Amount Directions: Print or type all entries on this application form. Send the original, permit Assigned to signed application with all required items listed in Item (9) below to: NCDEMLR Stormwater Program, 512 N. Salisbury St.,1612 MSC, Raleigh, INC 27699-1612. The submission of this form does not guarantee coverage under the General Permit. Prior to coverage under this General Permit a site inspection will be conducted. 1. Owner/Operator (to whom all permit correspondence will be mailed): Name of legal organizational entity: Legally responsible person as signed in Item (10) below: Buechel Stone Corporation Chris Bucy Street address: City: State and zip code: 7274 Hwy 221 N Marion NC, 28752 Telephone number: Email address: 828-756-8220 cbucy@buechelstone.com 2. Industrial Facility (facility being permitted): Facility name: Facility environmental contact: Steel Gray Mine Chris Bucy Street address: City: State and zip code: Altapass Hwy Spruce Pine NC, 28777 Telephone Number: Email address: Latitude of entrance: 35.904930 Longitude of entrance:-82.032428 Parcel Identification Number (PIN) 1709-00-274028 4-digit SIC code: Facility is: Date operation is to begin or began: 1499 1 []New []Proposed ❑Existing 2010 Brief description of the types of minerals mined at this facility: black quartzite Is this a processing -only facility for materials mined elsewhere? Is this an inactive mine site? ❑ Yes ❑ Yes ❑O No 0 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 ❑� No Does this facility already have a valid Mining Permit from DEMLR's Land Quality Section? ❑✓ Yes (please provide the Mining Permit Number) 61-19 ❑ No (please indicate the status of the Mining Permit application) Page 1 of 8 Are you applying for a discharge permit in the same location as a previously permitted mine? []Yes (please provide permit number and mine name) W 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: Christopher S. Peters Arcadis US, Inc. Street address: City: State and zip code: 300 S Washington Square Suite 315 Lansing MI 48933 Telephone number: Email address: 517-324-5052 chris.peters@arcadis.com Mining operation will precede development activities at this site: []Yes n No Mine is located within one of the 20 Coastal Counties, and will it add more than 10,000 ft2 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 0 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 []Yes (specify size of stream buffers) S. Mine Dewatering Mine dewatering will occur at this site: ❑r 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 400' of the mine pit perimeter: 404/401 Certification permits required: ❑Yes (specify distance)100 feet []Yes (briefly describe) ❑No ❑No ❑ N/A ❑✓ 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) El No 6. Wastewater Treatment Will this facility wash mined materials? ❑ Yes ❑° No Will discharges of process wastewater treatment systems occur (including possible recycle system overflows) []Yes (please describe) ❑✓ No Page 2 of 8 Will this facility employ chemical additives to flocculate suspended solids? []Yes (specify name/manufacturer/quantity of daily use) ❑✓ No Note: please visit: https://files,nc.gov/ncdeg/Water+Quality/Environmental+Sciences/ATU/PAM8 30 18.pdf for list of approved PAMS Will any of the wastewater treatment facilities at this mine overflow only during rainfall events that exceed the 1D-yr, 24-hr rainfall event? ❑ Yes (specify which systems) 0 No Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? ❑Yes ElNo Wastewater Treatment Alternative Review as required by 15A NCAC 2H.0105(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 dewatering ❑ 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) Eventually water would have OD be discharged b surface water. surface water runs dowMeNl and unless x is discharged to groundwater eventually it vowed have m be discharged What is the feasibility of building a CLRS compared to direct surface water discharge? 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) ElA surface of subsurface disposal system is not otherwise feasible to implement (explain) Given the low permeability of the rock discharge to groundwater is not feasible. What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters? Direct discharge b surfaca "ter is the most technologically feasible option. Stommvaler world be retaimdin a sedimentation basin before discharge to remove particulate treader Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options for the wastewaters being considered? Byes No Page 3 of 8 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 North Toe River WS-V; Tr ❑This watershed has a TMDL. Discharge from this outfall is from: ❑� Stormwater ❑� Mine Dewatering [I Process Wastewater Discharge occurs from this outfall: E]Only during a rainfall event 10 Intermittently (please indicate how often) Periodically during mining. Total discharge through Outfalls 001,002 and 003 would be 20,000 gpd []Continuously (please indicate flow in CFS) Latitude of outfall: 35"547.64"N Longitude of outfall: 82" 2'3.95"W Brief description of the industrial activities that drain to this outfall: Stormwater from holding ponds 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. 002 North Toe River WS-V;Tr ❑ This watershed has aTMDL. Discharge from this outfall Is from: ElStormwater El Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: 0 Only during a rainfall event Q Intermittently (please indicate how often) Periodically during mining. Total discharge through Outfalls 001,002 and 003 would be 20,000 gpd ❑ Continuously (please indicate flow in CFS) Latitude of outfall: 35°54'8.79"N Longitude of outfall: 82" 2'6.16"W Brief description of the industrial activities that drain to this outfall: Stormwater from holding ponds Do Vehicle Maintenance Activities occur in the drainage are of this outfall? ❑ Yes El 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. 003 1 North Toe River WS-V; Tr ❑This watershed has a TMDL. Discharge from this outfall is from: )] Stormwater ❑r Mine Dewatering ❑ Process Wastewater Discharge occurs from this outfall: ❑� Only during a rainfall event ❑✓ Intermittently (please indicate how often) Periodically during mining. Total discharge through Oudalls 001,002 and 003 would be 20,000 gpd []Continuously (please indicate flow in CFS) Latitude of outfall: 35°54'9.31 "N Longitude of outfall: 82° 2'7.24"W Brief description of the industrial activities that drain to this outfall: Stormwater from holding ponds 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 ear? Page 4 of 8 All outfalls must be listed and at least one outfall is required. Additional outfalIs maybe 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: [I 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: Retention basin to prevent sedimenUparticulate matter from discharging to surface water. Hay bales as needed to hold back sediemnt []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: [I 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) Required Items (Application will be returned unless all of the following items have been included): ❑✓ Check for $100 made payable to NCDEQ ❑ Copy of most recent Annual Report to the NC Secretary of State ❑r 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 El Line drawing of the water flow through the facility or block flow diagram El Pictorial description of the nature of any sources of water and any collection and treatment measures DA 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 E12 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 ear 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 Stormwater 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 (if applicable) ❑r 2 copies of large scale (24"x36" 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 I) 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 El Settling pond size information, if applicable ❑ Level spreader design, if applicable ❑ Details about dewatering method ❑ Cone of influence calculations Page 6 of 8 ❑� 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 143-215.68 (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 ($10,000). 1 hereby request coverage under the referenced General Permit. Under penalty of law, I certify that: ❑� I am the person responsible for the permitted industrial activity, for satisfying the requirements of this permit, and for any civil or criminal penalties incurred due to violations of this permit. ✓❑ The information submitted in this NO1 is, to the best of my knowledge and belief, true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. ❑✓ I will abide by all conditions of the NCG02 permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. ❑r I hereby request coverage under the NCG020000 General Permit and understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. Printed Name of Person Signing: C ki"'.5�/ svc-� Title: DpeltA.T aA$ M acnacj t � (Signature of Ap ican (Date Signed) Mail the entire package to: DEMIR—Stormwater Program Department of Environmental Quality 512 N. Salisbury Street, 61 floor 1612 Mail Service Center Raleigh, NC 27699-1612 Page 7 of 8 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 outfalI 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 outfalI 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 9 of 8 Section 2 Figures (D-Sized Plan Sheets) O Pendley Cem \ Z � f Kalmia \\o 1 0 �O � o ✓ \ rr R Tempo Mtn'� SITE LOCATIONI z' h 3 � __. o ZbCO.. Or 1. •-� 0 �I lUvlEO J enport Cem n O9L F,l 1 $Pr Ra Jam; Lq ~�Fn �R y9a P 0 c - 9 0 2,01 Alp Arnold Knob 1 c v Q Gurley Cem O Tunnel \ . Altapass Qdo REFERENCE: BASE MAP USGS 7.5. MIN. TOPO. QUAD., SPRUCE PINE, NC, 2017 m m 0 2000' 4000' say a ApproAmate Scale! 1 in. = 2000 ft. BUECHELSTONECORPORATION STEEL GRAY MINE $ SPRUCE PINE, NORTH CAROLINA a �a Locnrro" SITE LOCATION MAP i::�k � ;<m FIGURE $AARCADIS oee NORTH CAROLINA Steel Gray Mine Sediment Trap Trap / Surface Storage Spillway Skimmer Size Drainage Area Area Volume length T-1 16'X60'X4 0.6 acres 960ft' 3840ft' 4.0' T-IA 10'X33'X4' 0.12 acres 330ft' 1320ft' 4.0' T-2 20'x110'x4' 1.87 acres 2200ft2 8800ft' 6.0' T-3 26'x100'x3' 2.12 acres 2600ft2 10400ft' 6.0' T-4 36'x125'x4' 3.5 acres 4500ft2 18000ft' 10.0' T-5 36'x99'x4' 1.95 acres 3564ft2 14256ft' 9.54 Runoff Calculations for Trap T-1 nae�rinfinn Acres C-Value Coef. Bare Sandy Soil level 0 0.5 0 Bare Soil (sloping) 0.6 0.5 0.3 Grassland & disturbed Areas 0 0.5 0 Woodlands 0 0.3 0 Roadway ravel 0 0.65 0 i otais u.b u.a C = 0.3 (coef) / 0.6 (acres) = 0.5 i = Rainfall Intensity for 10 year, 1 day storm = 7.06 inches Q = (C)(i)(A) = 0.5 X 7.06 X 0.6 = 2.118 cfs i = Rainfall Intensity for 2 year, 1 day storm = 5.21 inches Q = (C)(i)(A) = 0.5 X 5.21 X 0.6 = 1.563 cfs i = Rainfall Intensity for 25 year, 1 day storm = 8.09 inches Q = (C)(i)(A) = 0.5 X 8.09 X 0.6 = 2.427 cfs \40/ � Sediment Trap Trap T-1 Trapping Effeciency Drainage Area Acres 0.6 A = 0.01 X (a) 2.118 = 0.0212 X 43660 = 922.6 ft2 Required Basin S¢e � 16'X60'X4'(minimum) F112 Surface area 960 Ft3 Storage area 3840 Trap to be cleaned atths'piont where the basin no longer functions well or is at 5D94 capacity. Runoff Calculations for Trap T-1A r)acrrintinn Acres C-Value Coef. Bare Sand Soil level 0 0.5 0 Bare Soil (sloping) 0.21 0.5 0.105 Grassland & disturbed Areas 0 0.5 0 Woodlands 0 0.3 0 Roadway ravel 0 0.65 0 iotais u.z-i u.IUD C = 0.105 (coef) / 0.21 (acres) = 0.5 i = Rainfall Intensity for 10 year, 1 day storm = 7.06 inches Q = (C)(i)(A) = 0.5 X 7.06 X 0.21 = 0.7413 cfs I = Rainfall Intensity for 2 year, 1 day storm = 5.21 inches Q = (C)(i)(A) = 0.5 X 5.21 X 0.21 = 0.54705 cfs i = Rainfall Intensity for 25 year, 1 day storm = 8.09 inches Q = (C)(i)(A) = 0.5 X 8.09 X 0.21 = 0.84945 cfs Sediment Trap TrapT-IA Trapping Effeciency Drainage Area Acres 0.21 A = 0.01 X (Q) 0.74 = 0.0074 X 43560 = 322:3 ft2 Required Basin Size 1 VX33W4' (minimum) Ft2 Surface area 330 Ft3 Storage area 1320 Trap to be cleaned st the plant where the basin no longer functions well or is et 50% capacity. Runoff Calculations for Trap T-2 rlacrrintinn Acres C-Value Coef. Bare Sandy Soil level 0 0.5 0 Bare Soil (sloping) 0.75 0.5 0.375 Grassland & disturbed Areas 0 0.5 0 Woodlands 1.12 0.3 0.336 Roadway ravel 0 0.65 0 I otals 1.51 C = 0.711 (coef) ! 1.87 (acres) = 0.3802139 i = Rainfall Intensity for 10 year, 1 day storm = 7.06 inches Q = (C)(i)(A) = 0.38021 X 7.06 X 1.87 = 5.01966 cfs i = Rainfall Intensity for 2 year, 1 day storm = 5.21 inches Q = (C)(i)(A) = 0.38021 X 5.21 X 1.87 = 3.70431 cfs i = Rainfall Intensity for 25 year, 1 day storm = 8.09 inches Q = (C)(i)(A) = 0.38021 X 8.09 X 1.87 = 5.75199 cfs U.l11 i^3 Sedment Trap Trap T-2 Trapping Effeciency Drainage Area Acres 1.87 A = 0.01 X (Q) 5.02 = 0.0502 X 43560 Basin Size 20'X110'X4'(minimum) Ft2 Surface area 2200 Ft3 Storage area 8800 2186.7 fPL Required Trap to be cleaned at the piont where the basin no longer functions well or is at 50% capacity. Runoff Calculations for Culvert C-1 Description Acres C-Value Coef. Bare Sandy Soil level 0 0.5 0 Bare Soil (sloping) 0.85 0.7 0.595 Grassland & disturbed Areas 0 0.5 0 Woodlands 1.12 0.3 0.336 Roadway ravel 0 0.65 0 Totals 1.97 0.931 C = 0.931 (coef) / 1.97 (acres) = 0,4725888 i = Rainfall Intensity for 10 year, 1 day storm = 7.06 inches Q = (C)(i)(A) = 0.47259 X 7.06 X 1.97 = 6.57286 cfs i = Rainfall Intensity for 2 year. 1 day storm = 5.21 inches Q = (C)(i)(A) = 0.47259 X 5.21 X 1.97 = 4.85051 cfs i = Rainfall Intensity for 25 year, 1 day storm = 8.09 inches Q = (C)(i)(A) = 0.47259 X 8.09 X 1.97 = 7.53179 cfs kqw� \410 Project Description Worksheet Circular Channel - C-1 Flow Element Circular Channel Method Manning's Formula Solve For Channel Depth Mannings Coefficient 0.010 Slope 0.010t100 fvft Diameter 15 in Discharge' 7.53 cis Results� Depth 0.92 ft Flow Area 1.0 112 Wetted Perimeter 2.59 it Top Width 1.10 It Critical Depth 1.09 ft Percent Full 73.9% Critical Slope 0.007304 ft/ft Velocity 7.74 111s Velocity Head. 0.93 ft Specific Energy .1.86 It Froude Numbeir 1.45 Maximum Discharge 9.03 cis Discharge Full 8.40 cis Slope Full 0.008041 ftJft Flow Type Supercritical V:I US Runoff Calculations for Ditch DB-2 nacrrintinn Acres C-Value Coef. Bare Sand Soil level 0 0.5 0 Bare Soil (sloping) 0.6 0.7 0.42 Grassland & disturbed Areas 0 0.5 0 Woodlands 0 0.3 0 Roadway ravel 0 0.65 0 I olais V.0 V.44 C = 0.42 (coef) 1 0.6 (acres) = 0.7 i = Rainfall Intensity for 10 year, 1 day storm = 7.06 inches Q = (C)(i)(A) = 0.7 X 7.06 X 0.6 = 2.9652 cfs i = Rainfall Intensity for 2 year, 1 day storm = 5.21 inches Q = (C)(i)(A) = 0.7 X 5.21 X 0.6 = 2.1882 cfs i = Rainfall Intensity for 25 year, 1 day storm = 8.09 inches Q = (C)(i)(A) = 0.7 X 8.09 X 0.6 = 3.3978 cfs Project Description Worksheet Trapezoidal Channel - DB•2 Flaw Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Slope 0.020000 ft!ft Left Side Slope 2.00 V : H Right Side Slope 2.00 V : H Bottom Width 2.00 It Discharge 3.39 cfs Results Depth 0.97 ft Flow Area 2.4. ft' Wetted Perimeter 4.17 It Top Width 2.97 It Critical Depth 0.43 It Critical Slope 0.280312 1Uft Velocity 1.40ftfs Velocity Head 0.03 ft Specific Energy 1.00 It Froude Number 0.27 Flow Type Subcritical DetenNne sheer stress: T= 62.4X 0.97 X 0.02 = 1.21 VW Permissible Sheer Stress 4.0 IN* Rip Rap Lining OK a.aIrn .1 v:1 H9A NTS Runoff Calculations for Ditch DB-2A rincrrin4inn Acres C-Value Coef. Bare Sand Soil level 0 0.5 0 Bare Soil (sloping) 0.24 0.7 0.168 Grassland & disturbed Areas 0 0.5 0 Woodlands 0 0.3 0 Roadway ravel 0 0.65 0 i otais U.Z4 U. i0o C = 0.168 (coef) / 0.24 (acres) = 0.7 i = Rainfall Intensity for 10 year, 1 day storm = 7.06 inches Q = (C)(i)(A) = 0.7 X 7.06 X 0.24 = 1.18608 cfs i = Rainfall Intensity for 2 year, 1 day storm = 5.21 inches Q = (C)(i)(A) = 0.7 X 5.21 X 0.24 = 0.87528 cfs i = Rainfall Intensity for 25 year, 1 day storm = 8.09 inches Q = (C)(i)(A) = 0.7 X 8.09 X 0.24 = 1.35912 cfs I've Project Description Worksheet Trapezoidal Channel - DB-2A Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Input Data Mannings Coefficient 0.104 Slope 0.020000 fi/R Left Side Slope 2.00 V : H Right Side Slope 2.00'V: H Bottom Width 2.00 ft Discharge 1.36 cis Results Depth 0.55 ft Flow Area 1.3 ft' Wetted Perimeter 3.24 ft Top Width 2.55 ft Critical Depth 0.24 ft Critical Slope 0.305306 ft/ft Velocity 1.08 fus Velocity Head 0.02 It Specific Energy 0.67 It Froude Number 0.27 Flow Type Subcritical Determine sheer straw: T= 62AX 0.55 X 0.02 = 0.68IbH1' Permissible Sheer Stress 4.0 IbW Rip Rap Lining OK --F 0.65 r 1 `--- . -----zoo a-- - --- ...--- - --1 v:i!� . x2.o ars Y Section 4 Buechel Stone Steel Gray Mine Permit September 23, 2022 Notice of Violation ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN NORTH CAROLINA Director Environmental Quali{y July 18, 2022 Certified Mail Return Receipt Requested 7016 2140 0000 0565 2595 Mr. Merle D. Andrews Blue Ridge Quarries Inc. 8487 US 221 N Marion, NC 28752 Re: Mining Permit No. 61-19 Steel Gray Mine Mitchell County French Broad River Basin Dear Mr. Andrews: Your request to have Mining Permit No. 61-19 transferred in its entirety from your company to Buechel Stone Corporation has been approved. As we have received Buechel Stone Corporation's required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your $25,300.00 surety bond (No. S-787700) issued by NGM Insurance Company, to you for your disposal. Thank you for your cooperation in this matter. Sincerely, <� David Miller, PE State Mining Engineer DM/ap Enclosures: (Surety Bond No. S-787700) cc: Ms. Shawna Riddle, PE Mr. Beau Thomas-DOL, Mine and Quarr\ Bureau North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center Raleigh, North Carohm 27699 1612 r+•�r••+^�'r+� /� 919.7079200 ROY COOPER Governor ELIZABETH S. BISER Secrelan BRIAN WRENN Direciur Chris Bucy Buechel Stone Corporation 7274 Highway 221 North Marion, NC 28752 NORTH CAROLINA Environmenlu/ Olcu/in July 18. 2022 RE: Steel Gray Mine - Mining Permit No. 61-19 Mitchell County - French Broad River Basin Dear Mr. Bucy: Your recent request to have the above referenced mining permit, issued to Blue Ridge Quarries, Inc., has been approved and is simultaneously modified and transferred in its entirety to you. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the modified and transferred mining permit. The permit number and mine name shall remain the same as before the transfer. The modification is to increase the permitted acreage to 61.63 acres and the affected acreage at this site to 8.90 acres as indicated in the application, on the Mine Maps received March 31, 2022, and June 16, 2022, and in the supplemental information received November 9, 2021, February 23, 2022, March 31, 2022, June 6, 2022, and June 6, 2022. The modification includes increasing the permit boundary to the property limits. 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 ensure compliance with The Mining Act of 1971. Please review the permit carefully and notify this office of any objections or questions you may have concerning the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: 111.3.C, 111.43, 111.6, 111.1 I.B, IV, VI, V111.3. 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 61.63 acres and the amount of land you are approved to disturb is 8.90 acres. Please contact me at (919) 707-9220 if you have any questions. DM/ap Enclosures cc: Ms. Shawna Riddle Singly, David Miller, PE State Mining Engineer North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources 512 North 5allsburyStreet : 1612 Mail Service Center I Rakigh. North Carolina 27699 1612 919.7079200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions ofN.C.G.S. §74-46 through 68, "The Mining Act of 1971",Mining Permit Rule 15A NCAC 05B, and other applicable laws, rules, and regulations Permission is hereby granted to: Buechel Stone Corporation Steel Gray Mine Mitchell County - Permit No. 61-19 for the operation of a Building Stone Quarry Which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. 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 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 permitWs 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. I. Definitions. N.C.G.S. 474-49. 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. H. Modifications. N.C.G.S. §74-52. November 10, 2010: This permit has been issued to Blue Ridge Quarries, Inc. December 1.2017: This permit has been issued for the life of site or the duration of the lease term. July 18, 2022: This permit has been simultaneously modified and transferred in its entirety to Buechel Stone Corporation. The modification increases the permitted area to 61.63 acres and increasing the affected area to 8.90 acres as indicated on the mine maps received June 16, 2022. The modification includes increasing the permit boundary to the property limits. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new, transferred, and modified mining permits. III. QRerating Conditions. N.C.G.S. §74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §7446, et. seq., and to the following conditions and limitations: Page 3 Wastewater and Quarry Dewaterittg_ A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. EnvironmentalManagement 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 stornwater permits or other approval documents. 2. Air Ouality and Dust Control. 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. 3. Buffer Zones. A. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall he 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. C. All buffer zones shown on the Mine Maps received June 16, 2022, shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 4. Erosion and Sediment Control. 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 mining activities, including the installation and maintenance, of all erosion and sedimentation control measures, shall be conducted as indicated in the application, on the Mine Maps received March 31, 2022, and June 16, 2022, and in the supplemental information received November 9, 2021, February 23, 2022, March 31, 2022, June 6, 2022, and June 6, 2022. C. 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. Page 4 6. Permanently Marked Boundaries. All affected area boundaries (8.90 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 7. Graded Slopes and Fills. A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off -site damage because of siltation, shall be planted, or otherwise provided with groundcover, devices, or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of the quarry opening shall be graded to a minimum 2 horizontal to l vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope. C. Waste rock piles shall not be constructed with steep, near vertical side slopes. Side slopes shall be constructed in such a manner as to provide for a stable, safe configuration at reclamation. 8. Surface Drainaee. 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. 9. Blastine. A. The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and vibration frequency levels shall be kept for each blast (except as provided under Operating Condition Nos. I11.9.0 and III.9.E ofthis permit). The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: B. In all blasting operations, the maximum peak particle velocity of any component of ground motion shall not exceed Figure 9-1(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public, commercial, or institutional building. Page 5 Figure 9.1- Allowable Peak Particle Velocity by Frequency 10.0 10.0 In e ,r. 0 2.0 2 intsee 2.0 m a 1.5 1.5 Al 96 39 e a 75 in/see , 9 A 06 0.7 3 0.5 { 0. p 0.4 i : 0.5 a ` 0.4 0.3 0.3 X 0.2 r { 11 0.2 m � � , r ` r ' r � 0.1 1 ; t0 20 30 140 61ast Vibration Frequency, Hz Figure 1 Altemative Wasting level criteria (Source modified from figure B-1. Bureau of Mines R18507) C. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W = (DID ,)2 (EQ. 8.1) D,= D/W12 (EQ. 82) V = 160(D,)''-' (EQ. 8.3) W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator. (feet). D. = Scaled distance factor. V = Peak Particle Velocity (inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Page 6 D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL) as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school, or public, commercial, or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System (Hz) Max Level (dBL) 0.1 Hz or lower -flat response 134 peak 2.0 Hz or lower -flat response 133 peak 2.0 Hz or lower -flat response 129 peak E. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/W033).12 (EQ 8.4) To convert U (psi) to P (dBL): P = 20 x log (U/2.9x10-) (EQ 8.5) Confined Air blast/Overpressure (dBL) for quarry situation: A = P - 35 (EQ 8.6) U = Unconfined air overpressure (pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more (pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator (feet). P = Unconfined air overpressure (decibels). A = Air blast or air overpressure for typical quarry situations (decibels). The air blast/overpressure shall not exceed 129 decibels, for the purposes of this Section. F. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. Page 7 X. 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. G. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However, blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will.constitute a permit violation. H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. I. Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: I. A thorough investigation as to the cause(s) of the incident shall be conducted. ii. A report detailing the investigation shall be provided to the Department within 10 days ofthe incident. The report shall, at a minimum, document the cause(s) of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. J. The operator shall provide to the Department a copy of the findings of any seismic studies conducted at the mine site in response to an exceedance of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. K. The operator shall, when requested by the Department, give 24-hour advance notice to the Division of Energy, Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 10. Hiehwall Barrier A. A physical barrier consisting of large boulders placed end -to -end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, 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. 11. 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. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps received March 31, 2022, and June 16, 2022. 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. Page 8 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 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 N.C.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 N.C.G.S. §74-49 (14) of the N.C. Mining Act of 1971): I. on -site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. A. 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: i. the approximate boundaries and size of the refuse disposal area ii. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table; and, V. verification that a permanent vegetative groundcover will be established. E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes ofrecycling and reuse provided that the following conditions are met: i. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. ii. Used, clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. iii. No used, clean concrete material shall be permanently disposed of onsite. iv. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off -site. Page 9 IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. 474-55. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by September I of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. 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. V1. Bonding. N.C.G.S. §74-54. The security, which was posted pursuant to N.C.G.S. §74-54 in the form of a $39,400.00 Irrevocable Standby Letter of Credit, 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. VII. Archaeological Resources. N.C.G.S. 470-3. 1. Minimum Requirements 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. §70-3, "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. VIII. Approved Reclamation Plan. N.C.G.S. §74-53. 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. To comply with N.C.G.S. §74-53 the approved plan will provide: 1. Minimum Standards. A. 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. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. 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. Page 10 D. 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. E. 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. F. 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. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to allow the quarry excavation to fill with water, provide a permanent barricade (fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. 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. ii. Any settling ponds and sediment control basins shall be backfrlled, graded, and stabilized or cleaned out and made into acceptable lake areas. iii. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before revegetation. V. No contaminants shall be permanently disposed of at the mine site. On -site disposal of waste shall be in accordance with Operating Conditions Nos. 111.12.A through Ill.12.D. vi. 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 Revegetation Plan received March 31, 2022 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 pernittee 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 Page 1 I mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. §74-51 and V4-52. This permit issued November 10, 2010, is hereby simultaneously transferred, and modified this 18th day of July 2022 pursuant to N.C.G.S. §74-51 and N.C.G.S §74-52. By: 2�.....�/Jl /Co , Brian Wrenn, Director Division of Energy, Mineral, and land Resources By Authority of the Secretary Of the Department of Environmental Quality ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director rtR , a,'. eYyYvyy Y NORTH CAROLINA Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION You have previously expressed an interest and/or are listed as an adjoining landowner in the mining application for mining activities off SR 1265 (Washburn Rd.) in Mitchell County. The mining permit (no. 61-19) was modified on July 18, 2022. Right of Persons Aggrieved to File a Contested Case for the Issuance of a New Mining Permit: Pursuant to NCGS 150B, Article 3, a party or person aggrieved may file a contested case by filing a petition under NCGS 15OB- 23 in the Office of Administrative Hearings within 60 days after the Division provides notice of its decision on a permit application. Right of Persons Aggrieved to File a Contested Case for the Issuance of a Modification to a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B, Article 3, a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division provides notice of its decision on a permit application, as provided in NCGS 150B-23(f). General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 15013-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road, Raleigh NC, 27609, along with a fee in an amount provided in NCGS I SOB-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://wNvw.oah.nc.govlhearings-division/filing/hearing-fortes. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102, on the process agent for the Department of Environmental Quality: William F. Lane, General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh, North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant, the pane must also serve the permittee in accordance with NCGS 15013-23(a). x i Y Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at https://www.oah.nc.gov/hearings-division/hearing-process/filing-contested-case. Please contact the Office of Administrative Hearings at (984) 236-1850 or oah.00stmaster a oah.nc. ov with all questions regarding the filing fee and/or the details of the filing prose Brian Wrenn Director This notice was mailed on Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality Brenda Harris Mining Program Administrative Assistant ROY COOPER Govemor EUZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Envtronm to/Quality September 23, 2022 NOTICE OF VIOLATION OF MINING PERMIT AND NOTICE OF INTENT TO ENFORCE CERTIFIED MAIL — 7022 0410 0002 1249 4288 RETURN RECEIPT REQUESTED Buechel Stone Corporation Attn: Chris Bucy 7274 US Hwy 221 N. Marion, NC 28752 RE: Steel Gray Mine Mining Permit No. 61-19 Mitchell County French Broad River Basin Dear Mr. Bucy: This is to inform you and/or your company of a violation(s) of the above referenced mining permit. On September 21, 2022, personnel of this office inspected your mine, copy of inspection report attached, and determined that one or more of the conditions contained in your mining permit are being violated. The conditions being violated are as follows: Operatine Condition No 1B — Wastewater and Ouarry Dewaterina 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 NC Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater program to secure any necessary stotmwater permits or other approval documents. Mine permit application states that the applicant will not be mining below the water table but would be discharging non processed wastewater to the waters of the State of NC at outfall 01. Pit water is being discharged into the river from an unapproved outfall at TI-A. Operating condition No. 4B — Erosion and Sediment Control North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Asheville Regional Office 1 2090 US. Highway 70 1 Swannanoa. North Carolina 28778 628196.4800 North Carolina Departmento�Environment and Natural Resources, Division of Energy, Mineral, and Land Resources, Land Quality Section MINE ® PERMITTED MINE SITE I. MINE NAME: Steel Gray 3. COUNTY: Mitchel 4. 6. OPERATOR: Buechel Stone Corporation REPORT ❑ UNPERMITrED MINE SITE 2. MINE LOCATION: .VFIRBASIN: French Broad 5. CASE: 1. ADDRESS: 7274 Hwy 221 N Ma ion NC 28752 1 8. MINING PERMIT #: 51-19 I —I N/A 9. PERMIT EXPIRATION DATE: NA 10. PERSON(S) CONTACTED AT SITE: Chne Bdcy 11. PICTURES? O Yes ❑ No TAKEN BY: Shawn Riddle 12. TYPE OF INSPECTION: ❑ A. Initial Inspection (Unpermitted Mine Sites) 1. Size of affected land: ac. (attach sketch map) 2. How was this area measured? Measured by: ® B. Routine Inspection (Permitted Mine Sites) C. Follow-up Inspection 13. Date of last inspection: 6123121 14. Any mining since that date? V Yes ❑ No If yes, cite evidence of such mining activity: Normal mining activity 15. Was mine operating at time of inspection? ❑ Yes ® No If yes, explain: 16. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes K4 No ❑ N/A If no, explain: Operating Condition 1 B. Wastewater and Quarry Dewatedng - mine permit application states applicant will not be mining belox the water table, but would be discharging non processed wastewater to waters of the State at outfall 01. Pit water is being pumped into the river; of all erosion control measures shall he conducted ac indicated on the ao PI'nron -traps e are not ins all d rir a irvm —fi 17. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑ No JN/A if no, explain: 18. Is there any off -site damage? A. ❑ Yes B. ❑ No C. ® None observed If A,, describe the type and severity of the damage: If B or.C, is'there potential for offsite damage? ® Yes [:]No Explain: Trap T1-A has an unapproved outfall.installed leading to the river.. Mine was not in operation dudnq inspection. Did not observe at the time of the inspection sediment/Water leaving the site., 19. Corrective measures needed and/or taken: 1. cease all mining activity. 2..Install all traps as shown an me appmveo mine r 3. Maintain trap Tt-A.4. Submit a corrected mine Pemjit application addressing, mine dewatedng. 5: Submit a modification to the NCG02 NOI to include dewatering of waste water. mpdify CDC for waste water discharge, submit updated maps with additional outme. 20. Other recommendations and comments: No additonal mining can take place on site until the all traps have been installed per approved plan and corrected mine permit application has been submitted and approved, modified COG and NCG02 NOlapplication updated submitted and approved. _ -- 21. Is the Annual Reclamation Report +/- map accurate? ❑ Yes ❑ No (Explain) ❑ Not ReAgwed ® N/A 22. Follow-up inspection needed? ® Yes ❑ No Proposed date 1013112022 23. No. of additional pages of Inspection Report — 24. Copy of Report sent to operator with NOV INSPECTED BY: Shawn .?idd(,e Telephone No: 919-302-5311 cell DATE 09/21122 Copy to file Copy to operator Copy to Mining Specialist Certified Mail Steel Gray Mine, Mr. Bucy September 23, 2022 Page 2 of 2 All mining activities, including the installation of maintenance of all erosion and sedimentation control measures, shall be conducted as indicated in the application, on the Mine Maps receive March 31, 2022, and June 16, 2022, and in the supplemental information received November 9, 2021, February 23, 2022, March 31, 2022, June 6, 2022. Traps are not installed and being maintained per the approved plan. To correct the current violations and bring the site into compliance, you have 30 calendar days from receipt of this Notice. 1. Cease all mining activity. 2. Install all traps as shown on the approve mine map. 3. Maintain trap Tl-A. 4. Submit a corrected mine permit application addressing mine dewatering. 5. Submit a modification to the NCG02 NOI to include dewatering of wastewater, modify COC for wastewater discharge, and submit updated maps with additional outfall. aoaeheFailu ttake the corrective actions specified above may result in the assessment of a civil penalty against your corporation. If a civil penalty is assessed, the amount may be up to five hundred dollars ($500.00) for each day of violation, beginning with the date of your receipt of this Notice of Violation G.S. §74-64. Other enforcement actions may include seeking an injunction or revoking the mining permit. The responsibility for understanding and complying with the conditions of the mining permit rests with you. Please do not hesitate to contact either Shawna Riddle at (919) 302-531 1 or me at (828)-296-4500 regarding any questions you might have on this matter. Sincerely, Stanl y E. Aiken, PE Regional Engineer Land Quality Section ec: David Miller, PE, State Mining Engineer, (david.miller-@ncdenr.gov) Danny Smith, Stormwater Program Supervisor, (dannv.smith(o)ncdenr.¢ov) Brittany Carson, General Industrial Stonnwater Permit Coordinator, (brittanycarson ncdenr.gov)