20150041 Ver 2_Approval Letter_20151124

A *_KWA
i V-A
AWMWMWA1
Am
NCDENR
North Carolina Departrnent of Environment and Natural Resources
Pat McCrory
Governor
November 24, 2015
Green Meadow, LLC
Attn: Mr. Charles Price
12601 Plantside Drive
Louisville, KY 40299
Donald R. van der Vaart
Secretary
DWR # 15-0041 and 0042 v2
Chatham and Lee Counties
Subject: Approval of Individual 401 Water Quality Certification and Isolated and Other Non-404
Jurisdictional Wetlands and Waters General Permit with Additional Conditions -
Modification
Brickhaven and Sanford Mines
USACE Action ID. No. SAW-2014-02254
Dear Mr. Price:
Attached hereto is a copy of Certification No. 4026 issued to Mr. Charles Price and Green
Meadow, LLC, dated November 24, 2015 and the Isolated and Other Non-404 Jurisdictional
Wetlands and Waters General Permit (IWGP100000). This Certification replaces the Certification
issued on August 11, 2015 to add a condition for the use of a wetland mat(s) as a temporary
crossing during construction (see condition #4) and to reflect that proof of payment was received
for the compensatory mitigation requirement (see condition #2). Please note that you should get
any other federal, state or local permits before proceeding with the subject project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 1508 by filing a written petition for an
administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at )Er�J or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
Division of VVa(er Resmaces
1617 Maii Service Cente, Ral6gh, Ncdh Carr hina 27599 1617
Location! 512 N Salisbury St, Raleigh, Noilh Cardina 27604
Phone: [phone] FAX [phone]
nterneL www ncwaferqualiYy,org
An Equal Oppotinity � Aftinnafive Art[on Employer Made in parl by recycled paper

Green Meadow, LL[
November 24'20l5
DVVR#l5-0041-42v2
Individual Certification #4U26
Page 2nf9
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via USPostal Service
Office 0[ Administrative Hearings
6714 Mail Service Center
Raleigh, NC27699-5714
If sending via delivery service (UVPS,
fedEx etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, N[ 27509-6285
One (1) copy of the petition must also be served to DENR:
58no M. Hayes, General Counsel
Department Of Environment and Natural Resources
I6O1 Mail Service Center
Unless such a petition is filed, this Certification shall b2 final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act,
l5AN[A[02H.O5OO and l5AN[A[O2H]3OO. Please contact Jennifer Burclett2at919-807-
6]540r Or01e@t919-807-5360Or if
you have any questions orconcerns.
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
Attachments: Certification #4026, IWGPl00000
cc: Clement Riddle, [|earVVaterEmvironmenta| Consultants Inc., 224 South Grove Street, Ste F'
Hendersonville, NC2879J
USA[E Raleigh Regulatory Field Office
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Janet Boyer, DEK4RState Mining Specialist
EdK4usn|er, PE, DVVIVI Permitting Supervisor
DVVRRRO4OIfile
NC Attorney General's Office (via email)
DWR 401 & Buffer Permitting Unit file
Filename: 150041-42v2SandfordBrickhavenMines(LeeChatham)__,401_IC—Mod.docx

Green Meadow, LLC
November 24'ZO15
DWR#15-004142v2
Individual Certification #4O26
Page 9of 9
CERTIFICATION #4026 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
OZH .0500 and 15AN[AC07H .1300, to Mr. Charles Price and Green Meadow, LUC,vvho have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on February 18, 2015 and subsequent information on
June 5,2UI5, June 26,2Ol5, July lS,2OI5, July 29,2D15 and November l9,2OI5,h« Public Notice
issued by the U. S. Army Corps of Engineers and received by the Division on March 5, 2015 and by
Public Hearings conducted by the Division, N.C. Division of Solid Waste and Division of Energy,
Minerals and Land Resources on April 23 and I6,2O15.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 3O1,]02,3OS,3D5,307Of the Public Laws 92-500 and PL95-2l7if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you 1O follow the conditions listed in the certification below.
Conditions OfCertification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the other conditions of this
Certification and the Isolated and Other Non-404 Jurisdictional Wetlands and Waters General
Permit /|VVP\are met. No other impacts are approved, including incidental impacts. |I5A
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(u n its)
Temporary
Brickhaven Mine Site
Stream
I m pact 1 — SEC Structure
320 (linear feet)
0 (linear feet)
Impact 3 — Stockpile/SEC
Structure
906 (linear feet)
0 (linear feet)
Impact 4 — Stockpile/SEC
Structure
913 (linear feet)
0 (1 i near feet)
Impact 5 — SEC Structure
311 (linear feet)
0 (linear feet)
Impact 12 —Arch culvert'
90 (linear feet)
0 (linear feet)
Brickhaven Stream Subtotal
2,540 (1 i near feet)
0 (1 i near feet)

Green Meadow, LLC
November 24, 2015
DWR# 15- 0041 -42 v2.
Individual Certification #4026
Page 4 of 9
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(units)
Temporary
404 Wetlands
Impact 2 — SEC Structure
0.04 (acre)
0 (acre)
Impact 10 — SEC Structure
0.01 (acre)
0 (acre)
Impact 13 - Railroad
0.002 (acre)
0 (acre)
Brickhaven 404 Wetlands
Subtotal
0.05 (acre)
0 (acre)
Isolated Wetlands
Impact 6 — Fill Cell
0.08 (acre)
0 (acre)
Impact 7 — Fill Cell
0.01 (acre)
0 (acre)
Impact 8 — Fill Cell
0.29 (acre)
0 (acre)
Impact 9 — Fill Cell
0.10 (acre)
0 (acre)
Impact 11— SEC Structure
0.02 (acre)
0 (acre)
Brickhaven Isolated Wetlands
Subtotal
0.50 (acre)
0 (acre)
Sanford (Colon) Mine Site
Stream
Impact 3 — Fill Cell /SEC Structure
405 (linear feet)
0 (linear feet)
Impact 6 — Fill Cell /SEC Structure
201 (linear feet)
0 (linear feet)
Impact 10 — Fill Cell /SEC Structure
660 (linear feet)
0 (linear feet)
Impact 11 - Fill Cell /SEC Structure
217 (linear feet)
0 (linear feet)
Impact 13 — Fill Cell
96 (linear feet)
0 (linear feet)
Impact 15 — Fill Cell
23 (linear feet)
0 (linear feet)
Impact 21— Road Crossing
2 (linear feet)
0 (linear feet)
Impact 22 - Railroad
100 (linear feet)
0 (linear feet)
Impact 23 — Road Crossing
2 (linear feet)
0 (linear feet)
Impact 24 — Road Crossing
10 (linear feet)
0 (linear feet)
Sanford Stream Subtotal
1,716 (linear feet)
0 (linear feet)
404 Wetlands
Impact 1— SEC Structure
0.005 (acre)
0 (acre)
Impact 2 — SEC Structure
0.11 (acre)
0 (acre)
Impact 4 — Fill Cell
0.03 (acre)
0 (acre)
Impact 5 — Fill Cell
0.14 (acre)
0 (acre)
Impact 7 — SEC Structure
0.19 (acre)
0 (acre)
Impact 8 — SEC Structure
0.09 (acre)
0 (acre)
Impact 9 — SEC Structure
0.07 (acre)
0 (acre)
Impact 12 — Fill Cell
0.02 (acre)
0 (acre)
Impact 14 — Fill Cell
0.04 (acre)
0 (acre)
Impact 16 — Fill Cell
0.10 (acre)
0 (acre)
Impact 17 — Railroad
0.24 (acre)
0 (acre)

Green Meadow, LLC
November 24,2OlS
DVVR#l5+)04142vZ
Individual Certification #40ZG
Page S of 9
Type of Impact
Amount Approved (units)
Permanent
Amount Approved
(u In its)
Temporary
Impact 18 — Railroad
0.03 (acre)
0 (acre)
Impact 19 — Railroad
0.02 (acre)
0 (acre)
Impact 20 — Railroad
0.004 (acre)
0 (acre)
Impact 25 — Arch Culvert'
0.02 (acre)
0 (a c re)
Sanford 404 Wetland Subtotal
1.11 (acre)
0 (acre)
I Mitigation not required
Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division received o receipt from the NC Division Mitigation Services /DM3\ dated September
21,2O15 indicating that the compensatory mitigation listed below has been paid. |I5AN[AC
5. Visual Monitoring
Streams downstream Of Impact Areas #2l and #25as labeled On the Sanford Site Plan and
|rnp8Ct W48p and the wetland south of the |ayclOvvn yard as labeled On the BriCkh8w2n Site
Plan and Impact Map both received by the Division On June 26,2OI5 shall bevisually
monitored b« the P8rnnittee for potential loss Of hydrologic function/flow and tO determine if
the streams and wetlands continue to provide aquatic life propagation, hydrologic functions
and biological integrity equal LO pre-impact conditions for each location. Visual monitoring
every six months for each feature shall begin at the time upstream impacts/fill occurs and
shall continue until hydrologic function and stability iS determined by the Division. At least
one monitoring event shall be between June and September annually. Annual reports of
visual monitoring and photographic documentation that has occurred in the previous twelve
months shall be submitted tO the 4OI 8/ Buffer Permitting Unit, I6I7 Mail Service Center,
Raleigh, INC 27b99-l6I7OnJune 1st Ofeach year. |15A NCA[O7B .02I1(I) and D232(2)l
Compensatory Mitigation
Required
River & Sub-basin Number
Cape Fear
Stream
1,716 (feet)
03030004
2,450 (feet)
03030002
Cape Fear
Wetlands
1.64 (acres)
03030004
5. Visual Monitoring
Streams downstream Of Impact Areas #2l and #25as labeled On the Sanford Site Plan and
|rnp8Ct W48p and the wetland south of the |ayclOvvn yard as labeled On the BriCkh8w2n Site
Plan and Impact Map both received by the Division On June 26,2OI5 shall bevisually
monitored b« the P8rnnittee for potential loss Of hydrologic function/flow and tO determine if
the streams and wetlands continue to provide aquatic life propagation, hydrologic functions
and biological integrity equal LO pre-impact conditions for each location. Visual monitoring
every six months for each feature shall begin at the time upstream impacts/fill occurs and
shall continue until hydrologic function and stability iS determined by the Division. At least
one monitoring event shall be between June and September annually. Annual reports of
visual monitoring and photographic documentation that has occurred in the previous twelve
months shall be submitted tO the 4OI 8/ Buffer Permitting Unit, I6I7 Mail Service Center,
Raleigh, INC 27b99-l6I7OnJune 1st Ofeach year. |15A NCA[O7B .02I1(I) and D232(2)l

Green Meadow, LL[
November 24,2O15
DVVR#15f0}4l4Zv2
Individual Certification #40Z6
Page 6of9
4. The temporary wetland rn81/S\8L the railroad bridge crossing at the BhCkhav2n site shall be
removed and the impacted area returned to natural conditions within 60 calendar days of
the determination that itiSno longer necessary. The impacted area shall berestored to
original grade, and the site shall be stabilized with natural vegetation tO prevent erosion.
5. Structural Fill Permits
Full compliance with Structural Fill Permits 1910-STRUCT-2015 and 5306-STRUCT-2015, issued
b« the Division uf Waste Management (DVVM),isrequired. The Division shall b8 copied onany
request for modification to the Structural Fill Permit(s). [I5A N[A[ 03H 8506(h)/2) & /cy2l
and I5A N[ACO2H .1]05/d\(2)l
b. Mining Permits
FuUcOnnpliancevvkhK4iningPennits53-058nd19-Z5,iS3uedbvtheOivisionofEn2rgy K4inen]|
and Land Resources (DEMLR), is required. The Division shall be copied on any request for
modification to the Mining Permit(s). [I5A NCACO2H D505(b)(2\ & /cV2\ and 25A N[A[O2H
.1305/d\(2)l
7. NPDESStormwater Permits
Full compliance with NPOES StOrnnvvater Permits N[G020354 and NCG030854, issued by
DEMLR, is required. The Division shall be copied On any request for modification to the
D. Construction Stormwater Permit NCGO10000
An NPOES[Vnstru[dOn 3tOnnvvater Permit is required for construction projects that di5turb
one /l\or more acres of land, which allows StOrrnvvatertObpdischarged during land
disturbing construction activities aSstipulated in the conditions ofthe permit. |f your project
is covered by this permit, full compliance with permit conditions including the erosion &
sedimentation control plan, inspections and rnaint2n8nce,Se|fnnUnitoring, record keeping
and reporting requirements iSrequired. A copy of the general permit (N[GO1OOOO),
inspection log sheets, and other information may be found at:
hal
. [15AN[ACO2H .0506(b)(5\ &
9. The Division shall be copied on any request for modification to the DWIM approved water
IO. No waste, spoil, 5O|idS` or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint mf the impacts depicted in the application for this project. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices shall be performed so that nO
violations of state water quality standards, statutes, or rules occur. [I5A NCAC 02H .0501

Green Meadow, LL[
November 24'20l5
DVVR#15-0041-42v2
Individual Certification #4O26
Page 7 of 9
11. Sediment and Erosion Control
Erosion and sediment control practices must bein full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction 5tOrrnvvater Permit issued tO the site and the
following requirements |25AN[A[O2HD5OO/b\/3\ and /CV3\]:
8. Design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and vv@Sie pile
(5pni|) projects, includingCDntnactornvvnedOrleased borrow pits associated with the
project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act 0fI972.
d. Sufficient rn8teh8|s required for stabilization and/or repair Oferosion control
measures and StOrrnvv@ter routing and treatment shall beon site 8t all times.
12. Sediment and erosion control measures shall not be placed in wetlands or waters unless
otherwise approved in this Certification. Exceptions to this condition require application
submittal tO and written approval hy the Division. |f placement Of sediment and erosion
Control devices in wetlands and waters is unavoidable, then design and placement of
temporary erosion control measures Sh8|| not be conducted in a manner that may result in
dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream
Of the above structures. All sediment and erosion control devices shall be removed and the
natural grade reS1On2d within two (2) months of the date that OEMLR or the locally delegated
program has released the specific area within the project. [1 5A NCACOZH .0501 and .0503]
l3, All work inOr adjacent to stream waters shall beconducted sO that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used tOminimize excavation in flowing water. [15A
N[ACO2H.O5O6(b)(3) and (c)(3\l
14. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured Or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters Of the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15ANCA[028.0200]

Green Meadow, LLC
November 24, 2015
DWR#B-0041-42v2
Individual Certification #4OZG
Page 8 of 9
15. Placement of Culverts and Other Structures in Waters and Wetlands 115A NCAC 02H
Culverts required for this project shall be installed in such o manner that the original stream
profiles are not altered and Lo allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations Of each culvert.
Placement of culverts and other structures in waters, streams must be below the elevation of
the 5tn2anlbed by one /l\ foot for all culverts with a diameter greater than 48 inches, and 30
percent Dfthe culvert diameter for culverts having a diameter less than 48 inches, to allow low
flow passage 0f water and aquatic life.
installation of culverts in wetlands must ensure continuity of water movement and be
designed 10 adequately accommodate high water Or flood conditions. Additionally, when
roadways, causeways, Or other fill projects Gn2COnStruCt2d@CnJsSFEMy+d25ign@ted flOOdvv8yS
or wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods.
25. Any hpr8p used for stream stabilization shall beOf3 size and density tO prevent movement 6v
wave action, current action, or stream flows and consist of clean rock or masonry material free
of debris or toxic pollutants. Riprap shall not be installed in the strearnbed except in specific
areas required for velocity control and to ensure integrity of bank stabilization measures. [15A
17. Aone-time application Of fertilizer tO re-establish vegetation is allowed in disturbed 8n28S, but
i5 restricted to no closer than lO feet from waters. Any fertilizer application must comply with
all other Federal, State and Local regulations. [I5AN[ACO2B.0300]
18. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.
29. Continuing Compliance
K4r. Charles Price and Green Meadow, LL[shaU conduct construction activities in 8 manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 5O3/d\of the Clean Water Act) and any other appropriate
requirements Of State and Federal law. [15AN[A[02B.0200] |[ the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, Vr that further conditions are

Green Meadow, LLC
November Z4'2015
DVVR#15^304l42v2
Individual Certification #40Z6
Page 9 of 9
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Mr. Charles Price and Green
Meadow, LLCGnd the U.S. Army Corps of Engineers, provide public notice in accordance with
15A N[A[ 02H .0503 and .1303 and provide opportunity for public hearing in accordance with
15A N[ACO2H .0504 and .I303. Any new orrevised conditions shall be provided to Mr.
Charles Price and Green Meadow, LL[ in writing, Sh8|| be provided tothe U.S. Army Corps of
Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act,
and shall also become conditions of the 404 Permit for the project. [15A NCA[ OJH D507(d)(2\
2O. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part Of the Certification. |f you change your project, yournustnOtifv
the Division and you may be required to submit a new application package with the
appropriate fee. |f the property is sold, the new owner must be given a copy ofthis
Certification and iS responsible for complying vvith3UcOnditinns. Any new owner must notify
the Division and request the Certification be issued in their name. [15A N[AC OZH D50I &
D502 and 15A N[ACO2H l30I &.1302]
21. The applicant and/or authorized agent shall provide 8 completed Certificate OfCompletion
Form to the DVVR402 & Buffer Permitting Unit within ten days Of project COrnpletiOn /Gv8i|ab|2
@t: \. [I5AN[A[
02H .0502(f)]
22. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours. [15ANCA[02H.0502/e\]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit. The conditions in
effect on the date Of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCA[ 03H .0507(d)(2) and 15A NCA[ OZH .0506l
Non-compliance with or violation of the conditions herein Jet forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 24th day of November 2OI5
S. Jay Zimmerman, P.G.
Director, Division of Water Resources
SJ7/jab
4026