20150041 Ver 1_USACE Individual Permit_20150903

Burdette, Jennifer a
From:
Sent:
To:
Cc:
Subject:
Attachments:
Classification: UNCLASSIFIED
Caveats: NONE
Folks,
Gibby, Jean B SAW <Jean.B.Gibby @usace.army.mil>
Thursday, September 03, 2015 3:52 PM
McLendon, Scott C SAW; Wicker, Henry M JR SAW; Corbett, Cindy M SAW; Rebekah
Newton; Burdette, Jennifer a
Brown, Craig J SAW
Coal Ash Permit and 1st and 2nd Time Out Letters (UNCLASSIFIED)
Scanned Document (Signed) (696 KB)
The permit for Green Meadow who will be responsible in working with Charah
to do the mine reclamations associated with coal ash disposal at the
Brickhaven and Sanford mines in Chatham and Lee Counties, respectively have
been finalized and are attached for your files. Should you need anything
else, please do not hesitate to contact me.
Thanks so much,
Jean
Jean B. Gibby
Chief, Raleigh Field Office
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
(919) 554 -4884, Ext. 24
The Wilmington District is committed to providing the highest level of
support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at
http : / /reRulatorv.usacesurvev.com /.
Classification: UNCLASSIFIED
Caveats: NONE
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Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID: SAW -2014-02254
Mr. Charles Price
Green Meadow, LLC
12601 Plantside Drive
Louisville, KY 40299
Dear Mr. Price:
September 3, 2015
In accordance with your written request of February 18, 2015, along with additional
information received by email, and the ensuing administrative record, enclosed are two copies of
a permit to discharge fill material into 1,716 linear feet of jurisdictional stream and 1.11 acres of
jurisdictional wetlands at the Sanford Mine in Lee County, North Carolina and 2,540 linear feet
of jurisdictional stream and 0.052 acre of jurisdictional wetlands at the Brickhaven Mine in
Chatham County, North Carolina. Specifically, this permit authorizes a total of 4,256 linear feet
of jurisdictional stream impacts and 1.162 acres of jurisdictional wetlands subject to our
regulatory authority pursuant to Section 404 of the Clean Water Act through the discharge of fill
material associated with the site preparation necessary for mine reclamation and subsequent coal
ash disposal.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notified you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2020.
b. You must notify this office in advance as to when you intend to commence and
complete work.
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c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. David E. Bailey, in
the Raleigh Regulatory Field Office, telephone number [phone], extension 30.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web -site at http://regulatory.usacesurvey.com and completing the
survey on-line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
FILENAME: SAW-2014-02254-2ndTOLtr.doc
CESAW-RG-R/CB/j at
CESAW-RG-R/FILE
CESAW-RG-R/MAIL/09/03 / 15
Kevin P. Landers Sr.
Colonel, U.S. Army
District Commander
PERMIT PICK-UP APPICANT 09/03/15
Enclosures Io
Copy Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, Maryland 20910-3282
Copies Furnished with special conditions and plans:
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Ecological Service Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
You should address all questions regarding this authorization to Mr. David E. Bailey, in
the Raleigh Regulatory Field Office, telephone number [phone], extension 30.
Thank you in advance for completing our Customer Survey Form. This can be
accomplished by visiting our web -site at http://re ug latory.usacesurvey coni and completing the
survey on-line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
�Qc-` Kevin P. Landers Sr.
Colonel, U.S. Army
District Commander
Enclosures
Copy Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
Attn: Sharon Tear N/CS261
1315 East-West Hwy., Rm 7316
Silver Spring, Maryland 20910-3282
Copies Furnished with special conditions and plans:
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Raleigh Ecological Service Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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Mr. Fritz Rohde
Habitat Conservation Division — Atlantic Branch
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. William Cox
Wetlands and Marine Regulatory Section
U.S. Environmental Protection Agency — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303-8931
Mr. Doug Huggett
Division Coastal Management
N.C. Department of Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Dr. Pace Wilber
Habitat Conservation Division — Atlantic Branch
NOAA Fisheries Service
219 Fort Johnston Road
Charleston, South Carolina 29412
Mr. Tony Able
Wetlands Regulatory Section
U.S. Environmental Protection Agency — Region 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
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DEPARTMENT OF THE ARMY
REPLY TO WILMINGTON DISTRICT, CORPS OF ENGINEERS
. - ATTENTION OF 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
September 3, 2015
Regulatory Division/1200A
Action ID: SAW -2014-02254
Mr. Charles Price
Green Meadow, LLC
12601 Plantside Drive
Louisville, KY 40299
Dear Mr. Price:
In accordance with your written request of February 18, 2015, along with additional
information received by email, and the ensuing administrative record, enclosed are two copies of
a permit to discharge fill material into 1,716 linear feet of jurisdictional stream and 1.11 acres of
jurisdictional wetlands at the Sanford Mine in Lee County, North Carolina and 2,540 linear feet
of jurisdictional stream and 0.052 acre of jurisdictional wetlands at the Brickhaven Mine in
Chatham County, North Carolina. Specifically, this permit authorizes a total of 4,256 linear feet
of jurisdictional stream impacts and 1.162 acres of jurisdictional wetlands subject to our
regulatory authority pursuant to Section 404 of the Clean Water Act through the discharge of fill
material associated with the site preparation necessary for mine reclamation and subsequent coal
ash disposal.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ("Permittee" on page 4). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self-addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise...", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the second category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
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This correspondence contains a proffered permit for the above described site. If you object to this
decision, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal
(RFA) form. If you request to appeal this decision you must submit a completed RFA form to the
following address:
District Engineer, Wilmington Regulatory Division
Attn: Craig J. Brown
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by November 2, 2015.
It is not necessary to submit an RFA form to the Division Office if you do' not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Craig J. Brown at the Raleigh Regulatory Field Office, telephone [phone], extension 35.
Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our web site at http:Hco!Tsmgpu.usace.anny.mil/cm apex/f p=136:4:0 and
completing the survey on-line. We value your comments and appreciate your taking the time to
complete a survey each time you interact with our office.
Sincerely,
Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
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DEPARTMENT OF THE ARMY PERMIT
Permittee: Green Meadow, LLC - ATTN: Mr. Charles Price
Permit No: SAW -2014-02254
Issuing Office: USACE, WILMINGTON
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future
transferee. The term "this office" refers to the appropriate district or division office of the Corps of
Engineers having jurisdiction over the permitted activity or the appropriate official of the office acting under
the authority of thecommandingofficer.
You are authorized to perform work in the accordance with the terms and conditions specified below.
Project Description: The proposed project involves the discharge of fill material into Waters of the US (WoUS) to
support the disposal of coal ash at two locations owned by the applicant, Green Meadow, LLC; the Brickhaven Mine
(including an adjacent property owned by Moncure Holdings, LLC) and the Sanford Mine (also known as the Colon
Mine). The coal ash will be used as the primary reclamation material for the mined areas of the Brickhaven and
Sanford Mines. Green Meadow also plans on expanding the already mined areas at the Brickhaven and Sanford
Mines in order to accept more coal ash for permanent storage.
Coal ash will be transported by truck and rail to the two mines, where it will be placed into lined cells, filled to
grade, and capped with an interim soil cover. At the Brickhaven Mine the grading, filling, and associated
infi•astructure to prepare the site for the coal ash fill would encompass approximately 166 acres, of which
approxhnately 145 acres will be covered with a composite base -liner system and filled with coal ash. Five individual
cells would make up the total 145 -acre fill area. At the Sanford Mine, the grading, filling, and associated
infi•astructure to prepare the site for the coal ash fill would encompass approximately 137 acres, of which
approximately 118 acres would be covered with a composite base -liner system. Five individual cells would make up
the total 118 -acre fill area.
In order to construct the project as needed, approximately 4,256 linear feet (If) of stream channel, and 1.162 acres of
wetlands will be filled and/or impacted. Specifically, the project involves the installation of culverts in the stream
channels and the necessary amount of clean fill material discharged into the stream channels and wetlands to prepare
the site for the installation of the clay and geosynthetic liners to construct the cells for coal ash disposal. This
includes 1,716 linear feet of jurisdictional stream and 1.1 acres of jurisdictional wetlands at the Sanford Mine and
2,540 linear feet of jurisdictional stream and 0.052 acre of jurisdictional wetlands at the Brickhaven Mine.
Mitigation is required for this project.
Project Location:
The Brickhaven mine is located off Moncure-Flatwood Road, approximately 2 miles east of Moncure, in Chatham
County, North Carolina. In general, the Brickhaven Mine is bordered to the north by an unnamed dirt road, the south
and east by Moncure-Flatwood Road, and to the west by Corinth Road. In addition, there is a proposed railroad spur
that would be constructed along an established easement on a tract of land adjacent to the Brickhaven Mine, owned
by Moncure Holdings, LLC.
The Sanford (Colon) mine site is located off of Brickyard Road, approximately 1 mile northeast of Sanford, in Lee
County, North Carolina. In general, the Sanford Mine is bordered to the north by an unnamed tributary to Roberts
Creek, the south and east by an existing CSX and Norfolk Southern rail lines, and to the west by Colon Road.
Shaddox Creek is the nearest named waterway for the Brickhaven Mine and Roberts Creek is the nearest named
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

waterway for the Sanford Mine. These two streams are classified as relatively permanent waters and ultimately drain
to the Cape Fear River. Both projects are within the Cape Fear River Basin (8 -Digit Cataloging Units 03030004 and
03030002, respectively). There are several non -isolated jurisdictional wetlands on the properties; some isolated
wetlands (not subject to Section 404 of the Clean Water Act), as well as several streams and open waters associated
with the proposed mining reclamation activities.
LATITUDE & LONGITUDE: Latitude North: 35.59814; Longitude West: -79.021925 (Brickhaven Mine)
Latitude North: 35.53688; Longitude West: -79.144720 (Sanford Mine)
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2019. If you find that you need more
time to complete the authorized activity, submit your request for a time extension to this office for consideration at
least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms
and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,
although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should
you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space
provided and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached
if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
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*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or
fi-om natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest
decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to
comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this
permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a
reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

Your signature below, as permittee, Indic s that you accept and agree to comply with the terms and conditions of
this permit.
(PERMITTEE) GREEN MEADOW, LLC (DATE)
MR. CHARLES PRICE
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.
(DIS CT COMMANDER) KEVIN P. LANDERS SR., COLONEL (DAU)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.
(TRANSFEREE)
(DATE)
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*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425