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HomeMy WebLinkAboutNCG021048_Application_20241021 Docusign Envelope ID:6C949997-52B0.48A0-A1A6-ABD2E93D3EEC 5 4 N. 91 SMITH+GARDNER 1 wEa N.Boylan Avenue,Raleigh NC 27603 919.92H.0577 wWW.SmithgardnerinC.CDm �C6 q1 October 17, 2024 Stormwater Program ,(1 Division of Energy, Mineral, and Land Resources NC Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 T c_ RE: Notice of Intent for NCG020000 Certificate of Coverage O �9,y�� ARBD,LLC 9TF� Stone LCIB Landfill&Mine(Mining Permit No.19-39) °pG 52 Rock Hill Drive Chapel Hill,North Carolina 27517 Dear Stormwater Engineer: On behalf of ARBD, LLC (ARBD),Smith Gardner, Inc. (S+G) is submitting this Notice of Intent [NOI) for the NPDES Industrial stormwater program. This is a new mine site that was recently permitted by ARBD.Along with the NOI application, a USGS quadrangle map showing the site location, a site map, and the 2024 Business Corporation Annual Report are attached. Contact information for ARBD is as follows: Mr. Alan Stone Email: alanrocsfagmail.com Phone: (9191971-0981 5180 Big Woods Rd Chapel Hill, NC 27517 Thank you for your consideration. If you have any questions, or require further information, please contact us at (919) 828-0577 or by e-mail. below. SMITH GARDNER,INC ��• �N.CARCjE°°•, D«eSv ad by: rsgnadby_ �.a� L yrk7/2024 0 j Lou J. Krasuski Stacey A. Smith Project Manager, ext. 154 Senior Engineer, ext. 12 �'Ey A 5���• loufdsmithgardnerinc.com stacevfdsmithgardnerinc.co 4os it ljk/sas Att: NOI Submittal Package CC: Mr.Alan Stone, ARBD Mr. Justin Hasenfus, Chatham County Mr. Jesse C. Li, S+G File HAPmjects\ARBD LCID Landfill(Chatham County)\NPDESStormmter\NC602\NOI\NOICowrLette241016.docx This page intentionally Left blank. Docusign Envelope ID:E10EC9A0-DBB5-4E56-A17D-62B1E907391F 0 Y� FOR AGENCY USE ONLY ` Ass gn ed to 6. COOK �F�p/Rsjo �O ARO FRO MRO RO WARD WIRO WSRO QL1�jq/ G Division of Energy, Mineral, and Land Resources Land Quality Section o'Q4ze National Pollutant Discharge Elimination System NCG020000 Notice of Intent 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 at deq.nc.gov/SW. Directions: Print or type all entries on this application. Send the original,signed application with all required items listed in Item (9)below to: NCDEMLR Stormwater Program, 1612 MSC, Raleigh, NC 27699-1612. The submission of this application 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: ARBD, LLC Alan Stone Street address: City: State: Zip Code: 5180 Big Woods Rd Chapel Hill NC 27517 Telephone number: Email address: (919) 971-0981 alanrocs@gmail . com Type of Ownership: Government ❑County ❑Federal ❑ Municipal ❑ State Non-government ® Business(If ownership is business,a copy of NCSOS report must be included with this application) ❑ Individual 2. Industrial Facility(facility being permitted): Facility name: Facility environmental contact: Stone LCID Landfill & Mine Alan Stone Street address: City: State: Zip Code: 52 Rock Hill Drive Chapel Hill NC 27517 Parcel Identification Number(PIN) County: Chatham Telephone number: Email address: (919) 971-0981 alanrocs@gmail . com Latitude of entrance: Longitude of entrance: 35 . 8004 —79. 0323 4-digit SIC code: Facility is: Date operation is to begin or began: 1400 M New ❑ Proposed Q3/2024 ❑ Existing Types of minerals mined at this facility: ❑ Clay ❑ Feldspar Ore ❑ Lithium Ore ❑ Phosphate ®Soil M Construction Sand M Industrial Sand ❑ Other: Page 1 of 22 Docusign Envelope ID:E10EC9A0-DBB5-4E56.A17D-62B1E907391F Is this a processing-only facility for materials mined elsewhere? Is this an inactive mine site? ❑ Yes ❑Yes ® No ® 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) 19-39 ❑ No(please indicate the status of the Mining Permit application) Are you applying for a discharge permit in the same location as a previously permitted mine? ❑Yes(please provide permit number and mine name) ® 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): Name of consultant: Consulting firm: Stacey A. Smith Smith Gardner, Inc. Street address: City: State Zip Code 14 North Boylan Ave. Raleigh NC 27603 Telephone number: Email address: (919) 828-0577 stacey@smithgardnerinc. com 4. Development Activities and Buffers 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 ft'of impervious surface: ❑ Yes(to both) ❑ No,this mine is within one of the 20 Coastal Counties, but will not at more than 10,000 ft'of impervious surface N No,this mine is not within one of the 20 Coastal Counties Mine is in the Neuse,Tar-Pamlico,or Catawba River Basins,OR in the Randleman or Jordan Water supply Watersheds? N Yes(specify size of stream buffers) 5 0 ' ❑ No Mine site will include wastewater discharges from a ready-mix concrete batch plant? ❑Yes(please seek additional coverage under General Permit NCG140000: Ready-Mix Concrete) N No 5. Mine Dewatering Mine dewatering will occur at this site: ® Yes ❑ No(mark N/A for the rest of this section) Mine dewatering from this facility will be discharged to: ®Surface Waters and/or Wetlands El 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 Page 2 of 11 Docusign Envelope ID:E10EC9A0-DBB5-4E56-A17D-62BtE907391F Wetlands and/or Surface Waters are within 400'of the mine pit perimeter: 404/401 Certification permits required: ® Yes(specify distance) ® Yes(briefly describe) ❑ No ❑ No .07 acre impact to a wetlan WA for construction of a ❑ N/A ❑ N/A stormwater basin Have you been required to obtain a wetland delineation certified by the US Army Corps of Engineers? ❑Yes(please attach to this application) ® No 6. Wastewater Treatment Will this facility wash mined materials? ❑Yes ® No Will discharges of process wastewater treatment systems occur(including possible recycle system overflows) ❑Yes(please describe) IN No 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 10-yr, 24-hr rainfall event? ❑Yes(specify which systems) X) No _... Are wastewater treatment facilities(including recycle systems) planned in the 100-year flood plain? ❑Yes ® No Wastewater Treatment Alternative Review as required by 15A NCAC 2H.0105(c)(2) Types of wastewater this mine site will discharge: 0 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 Page 3 of 11 Docusign Envelope ID: E10EC9A0-DBB5-4E56-A17D.62BtE907391F Are you already proposing a closed-loop recycle system(CLRS)that meets design requirements of 15A NCAC 2T.10000? ❑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) What is the feasibility of building a CLRS compared to direct surface water discharge? N/A Surface or Subsurface Disposal System ❑ A surface or subsurface disposal system is technologically feasible(explain) ❑ A surface or subsurface disposal system is not technologically feasible(explain) ❑ A surface or subsurface disposal system is otherwise feasible to implement(explain) ❑ A surface of subsurface disposal system is not otherwise feasible to implement(explain) What is the feasibility of employing a subsurface of surface discharge as compared to a direct discharge to surface waters? N/A Direct Discharge to surface waters is the most environmentally sound alternative to all reasonably cost-effective options for the wastewaters being considered? ❑ Yes ❑ No 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 N/A ❑ No 7. Outfalls(s) At least one outfall is required to be eligible for coverage. 3-4 digit identifier: Name of receiving water: Classification: El This water is impaired. SDO—01 New Hope River Arm of WS—IV B➢NSW CA B. Everett Jordan Lake ❑This watershed has a TMDL. Discharge from this outfall is from: ® Stormwater ® Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW,Tr, WS-1,WS-II, WS-III,SA,or PNA): N/A Discharge occurs from this outfall: ® Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(indicate flow in CFS) Latitude of outfall: 35. 8014 Longitudeofoutfall: _79 . 0353 Brief description of the industrial activities that drain to this outfall: Mining Do Vehicle Maintenance Activities occur in the drainage area 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. SDO-02 New Hope River Arm of WS—IV, B;NSW, CA ❑ This watershed has aTMDL. B. Everett Jordan Lake Page 4 of 11 Docusign Envelope ID:El CEC9A0-DBBS4E56-A17D-62B1 E907391F Discharge from this outfall is from: ® Stormwater M Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HQW, ORW,Tr,WS-I,WS-II, WS-III,SA,or PNA): N/A Discharge occurs from this outfall: M Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(indicate flow in CFS) Latitude of outfall: 35. 8031 Longitude of outfall: —79. 0325 Brief description of the industrial activities that drain to this outfall: Mining Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes ® No If yes,how many gallons of new motor oil are used each month when averaged over the calendar ear? 3-4 digit identifier: Name of receiving Water: I Classification: ❑This water is impaired. SDO-03 New Hope River Arm of WS—IV B;NSW CA B. Everett Jordan Lake ❑This watershed has a TMDL. Discharge from this outfall is from: ® Stormwater ® Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW,Tr,WS-I,WS-II,WS-III,SA,or PNA): N/A Dischar a occurs from this outfall: M Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(indicate flow in CFS) Latitude of outfall: 35 . 8031 Longitude of outfall: —7 9. 0 2 9 6 Brief description of the industrial activities that drain to this outfall: Min ing Do Vehicle Maintenance Activities occur in the drainage area 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: ElThis water is impaired. SDO-04 New Hope River Arm of WS—IV BiNSW CA B. Everett Jordan Lake ' ' ❑This watershed has a TMDL. Discharge from this outfall is from: ® Stormwater M Mine Dewatering ❑ Process Wastewater 7Q10 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW,Tr,WS-I,WS-ll,WS-III,SA,or PNA): N/A Discharge occurs from this outfall: M Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(indicate flow in CFS) Latitude of outfall: 35 . 7982 Longitudeofoutfall: —79. 0319 Brief description of the industrial activities that drain to this outfall: Mining Do Vehicle Maintenance Activities occur in the drainage area of this outfall? ❑ Yes ® No If yes,how many gallons of new motor oil are used each month when averaged over the calendar year? 3-4 digit identifier: Name of receiving water: Classification: ❑This water is impaired. ❑This watershed has a TMDL Discharge from this outfall is from: ❑ Stormwater ❑ Mine Dewatering ❑ Process Wastewater 7Q30 Flow of receiving waterbody(if discharging Mine Dewatering or Process Wastewater to waters classified as HOW, ORW,Tr,WS-I,WS-11, WS-III,SA,or PNA): Discharge occurs from this outfall: Page 5 of 11 Docusign Envelope ID: E1 CEC9A0-DBB5-4E56-A17D-62B1 E907391F ❑ Only during a rainfall event ❑ Intermittently(indicate how often) ❑ Continuously(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 area of this outfall? ❑ Yes ❑ No If yes,how many gallons of new motor oil are used each month when averaged over the calendar year? All outfalls must be listed and at least one outfall is required.Additional outfalls may be added in the section "Additional Outfalls"found on the last page of this NOI. 8. Other Facility Conditions (check all that apply and explain accordingly): ®This facility has other NPDES permits. If checked,list the permit numbers for all current NPDES permits: NCC190103 ❑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: Permanent sediment basins, drainage channels, drop inlets ❑This facility has a Stormwater Pollution Prevention Plan(SWPPP). If checked, please list the date the SWPPP was implemented: To Be Developed. ❑This facility stores hazardous waste in the 100-year floodplain. If checked,describe how the area is protected from flooding: ❑ This facility is a(mark all that apply) ❑ Hazardous Waste Generation Facility ❑ Hazardous Waste Treatment Facility ❑ Hazardous Waste Storage Facility ❑ Hazardous Waste Disposal Facility If checked,indicate: Kilograms of waste generated each month: Type(s)of waste: How material is stored: Where material is stored: Number of waste shipments per year: Name of transport/disposal vendor: Transport/disposal vendor EPA ID: Vendor address: ❑This facility is located on a Brownfield or Superfund site If checked, briefly describe the site conditions: ® Facility provides appropriate secondary containment for bulk storage of liquid materials If checked, briefly describe these measures: Dual walled fuel tanks ® Site has an active landfill within the mining permit boundary If checked,please indicate type: a) ® LOD(Land clearing and Inert Debris) b) ❑ other(specify) Page 6 of 11 Docusign Envelope ID:E10EC9A0-D885-4E56-A17D-62B1E907391F 9. Required Items(Application will be returned unless all of the following items have been included): IS] Check for$120 made payable to NCDEQ ® Copy of most recent Annual Report to the NC Secretary of State(if applicable) ®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) IR Une drawing of the water flow through the facility or block flow diagram ® Pictorial description of the nature of any sources of water and any collection and treatment measures ® A site diagram showing,at a minimum,existing and proposed: a) outline of drainage areas b) surface waters c) stormwater management structures d) location of stormwater outfalls corresponding to the drainage areas e) runoff conveyance features f) areas where process materials are stored g) impervious areas h) site property lines 12 2 copies of large scale(24"x36"minimum)site plan showing: a) topographical lines b) all outfall locations c) applicable buffers and delineated wetlands d) receiving waters e) 100-year flood plain(if applicable) ® Copy of county map or USGS quad sheet with the location of the facility clearly marked If mines site is in one of the 20 Coastal Counties(if applicable) ❑ Applicant has check with the appropriate regional office to verify the need for a Coastal State 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 ® 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 1) impervious surface percentages(if state Stormwater programs apply) m) applicable buffers n) access and/or haul roads ❑ Pump dewatering size and information on its specifications Page 7 of 11 Docusign Envelope 10: El CEC9A0-DBB5-4E56-A17D.62B1 E907391F ❑ Well information(design,depths,maintenance) ❑ Physical monitoring for the wetland areas ❑ Settling pond size information, if applicable ❑ Level spreader design, if applicable ❑ Details about dewatering method ❑ Cone of influence calculations ❑ 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). Under penalty of law, I certify that: IN 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 N01 is,to the best of my knowledge and belief,true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. ® 1 will abide by all conditions of the NCG020000 permit. I understand that coverage under this permit wilt constitute the permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit. ® I hereby request coverage under the NCG020000 General Permit. Printed Name of Applicant: Alan Stone Title: Owner Eswmd by:sfw- 10/17/2024 ssosasenFzsann.. (Signature of Applicant) (Date Signed) Mail the entire package to: DEMLR—Stormwater Program Department of Environmental Quality 1612 Mail Service Center Raleigh, INC 27699-1612 Page 8 of 11 ❑ Well information(design,depths,maintenance) ❑ Physical monitoring for the wetland areas ❑ Settling pond size information,if applicable ❑ Level spreader design,if applicable ❑ Details about dewatering method ❑ Cone of influence calculations ❑ 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) ❑ 1 have contacted my local regional office about a Pumping Operation and Monitoring(POM)plan a) Regional Office Contact: b) Date Contacted: 10. Applicant Certification: North Carolina General Statute 143-215.6E(i)provides that: Any person who knowingly makes any false statement, representation,or certification in any application,record, report, plan, or other document filed or required to be maintained under this Article or a rule implementing this Article.. .shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars($10,000). Under penalty of law,I certify that: 0 1 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 N01 is,to the best of my knowledge and belief,true, accurate, and complete based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information. ® 1 will abide by all conditions of the NCG020000 permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s)and is enforceable in the same manner as an individual permit. ® I hereby request coverage under the NCG020000 General Permit. Printed Name of Applicant: Alan Stone Title: Owner 11 r, (Signature of Applicant) (Date Sign d) Mail the entire package to: DEMLR—Stormwater Program Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Page 8 of 11 I.HLVLYLYJV1J.l0 �%^". SOSID: 1444895 +'j'tat3io LIMITED LIABILITY COMPANY ANNUAL REPORT Date Filed:8/30/2024 Elaine F.Marshall It North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: ARBD LLC CA2024 243 01318 SECRETARY OF STATE ID NUMBER: 1444895 STATE OF FORMATION: NC Filing Office Use Only REPORT FOR THE CALENDAR YEAR: 2024 91 Ar SECTION A: REGISTERED AGENT'S INFORMATION Mi WI Changes 1. NAME OF REGISTERED AGENT: Alan Hugh Stone 1 2.SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS 5180-A Big Woods Road 5180-A Big Woods Road Chapel Hill,NC 27517-8888 Orange Chapel Hill,NC 27517-8888 Chatham SECTION B: PRINCIPAL OFFICE INFORMATION 1.DESCRIPTION OF NATURE OF BUSINESS: Clearing & Grading 2.PRINCIPAL OFFICE PHONE NUMBER: (919) 971-0918 3.PRINCIPAL OFFICE EMAIL Privacy Redaction 4.PRINCIPAL OFFICE STREET ADDRESS S.PRINCIPAL OFFICE MAILING ADDRESS OW ' ..' 5180-A Big Woods Road 5180-A Big Woods Road Chapel Hill,NC 27517-8888 Chatham Chapel Hill, NC 27517-8888 Chatham 6.Select one of the following if applicable.(Optional see instructions) ❑ The company is a veteran-owned small business ❑ The company is a service-disabled veteran-owned small business SECTION C: COMPANY OFFICIALS(Enter additional company officials in Section E.) NAME: Alan Stone NAME: NAME: TITLE: President TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: 5180-A Big Woods Road Chapel Hill,NC 27517 Oranue SECTION D:CERTIFICATION A UAL REPORT, Section D must be completed in its entirety by pers n/business entity. 4X� .O� — — �7Z SIGNATURE DPtTE Foml must be signed by a Company Official listed under Section C of This formAla,, A i-L— 6f lAc-Pl5el— Print or Type Name of Company Official Print or fype Title of Company Official SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING FEE OF $200 -- --_---MAIL TO:Secretary of State,—Business Registration Division PostOftice"Box 29525,-Raleigh,—NC27626-0525�--- This page intentionally left blank. ROY COOPER Governor MARY PENNY KELLEY qW Secrelary WILLIAM E.TOBY VINSON.JR. NORTH CAROLINA Interim Director Environmental Quality September 20,2024 Alan Stone ARBD, LLC 5180 Big Woods Road Chapel Hill,NC 27517 RE: Stone LCID Landfill & Mine Mining Permit No. 19-39 Chatham County Cape Fear River Basin Dear Mr. Stone: The application for a mining permit for the above referenced mine site has been found to meet the requirements of N.C.G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 19-39 were based primarily upon information supplied in the application with conditions added as necessary to ensure compliance with The Mining Act of 1971. N.C.G.S. §74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 60.6 acres and the amount of land you are approved to disturb is 23.5 acres as indicated in the application and on the Mine Maps sealed May 24, 2024. Please review the permit and contact Corey Clayton, Assistant State Mining Specialist, at (919) 707-9228 of any objection or questions concerning the terms of the permit. Sincerely, Adam Parr, PE State Mining Engineer Enclosures: Mine Permit 19-36 cc: Mr. Bill Denton, PE Mr. Beau Thomas-DOL, Mine and Quarry Bureau, w/o enclosures D_E Q�� North Carolina Department of Environmental Quality I Division of Energy.Mineral end land Resources 512 North Salisbury Street 1 1612 Mail Service Center Raleigh.North Carolina 2 769 9-1612 =ra 919.707.9200 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. §7446 through 68,"The Mining Act of 1971,"Mining Permit Rule I SA NCAC 05B,and other applicable laws,rules,and regulations Permission is hereby granted to: ARBD, LLC Stone LCID Landfill&Mine Chatham County-Permit No. 19-39 for the operation of a Sand and Soil Mine Which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. 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 permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. §74-49. 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. II. Issuance and Modifications. N.C.G.S. 474-52. September 20,2024:This permit has been issued to ARBD,LLC for the operation of a Soil and Sand Mine. Mining activities shall occur as indicated in the application, on the Mine Maps sealed May 24, 2024,and the additional information received on May 29,2024.The permitted area is 60.6 acres and the area approved to disturb is 23.5 acres. 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. Operating Conditions.N.C.G.S. &74-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: -- - 1. Wastewater and Quarry Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C.Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. 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 mitigate dust leaving the permitted area. 3. Buffer Zones. A. Sufficient buffer(minimum 50 foot undisturbed)shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State,waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. C. All setbacks and buffers related to the LCID Landfill Permit shall be maintained. D. All wetland boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 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 drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. No dewatering activities shall occur at this site. D. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels,shall occur as indicated in the application,on the Mine Maps sealed May 24,2024, and the supplemental information received on May 29, 2024. 5. Permanently Marked Boundaries. A. All mining permit boundaries(60.6 acres)shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any active disturbed areas, as indicated on the Mine Maps sealed May 24, 2024, shall be marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. Page 4 6. Graded Slooes and Fills. The angle for graded slopes and fills shall be no greater than the angle,which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels,the erosion of which may cause off-site damage because of sedimentation,shall be planted,or otherwise provided with ground cover,devices,or structures sufficient to restrain such erosion. 7. Surface Drainage. The affected land shall be graded so as to prevent collection of pools of water that are,or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Blasting No blasting activities shall occur.at this site. 9. Visual Screening. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 10. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer as shown on the Mine Maps sealed May 24, 2024 shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 11. 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. H. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. Page 5 vi. 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. All LCID landfill material shall be maintained within the areas indicated as LCID areas on the Mine Map received on May 29,2024. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. §74-55. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Reguuired for Plan Modification. N.C.G.S. 574-52. 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. VI. 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$121,200.00 Assignment of Savings Account,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. &70. 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, Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act,"should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist,North Carolina Division of Archives and History. VIII. Approved Reclamation Plan. N.C.G.S. 474-53. 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. Page 6 To comply with N.C.G.S. §74-53 the approved plan will provide: I 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. 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 construct an LCID,and regrade and satisfactorily revegetate any disturbed areas. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All final perimeter side slopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. ii. Any settling ponds or sediment basins shall be backfilled and stabilized. iii. Any areas used for screening,stockpiling,or other processing shall be leveled and smoothed or filled in accordance with the reclamation plan indicated on the Mine Maps sealed May 24,2024. 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 Condition Nos. III.I 1.A through III.I I.D. A. 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 as indicated on sheet EC3 of the Mine Maps sealed May 24,2024. Page 7 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 permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52. This permit is hereby issued to ARBD, LLC this 20th day of September 2024 pursuant to N.C.G.S. §74- 51. By; Adam Part, PE, State Mining Engineer Division of Energy, Mineral,and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or 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 15OB-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 150B-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 150B-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://www.oah.nc.gov/hearings-division/filing/hearing-forms. 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 party must also serve the permittee in accordance with NCGS 1506-23(a). • Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at his://www.oah.nc.gov/hearings-division/hearing-process/filing-contested-case. Please contact the Office of Administrative Hearings at (984) 236-1850 or oah.postmaster(&oah.nc.gov with all questions regarding the filing fee and/or the details of the filing process. This page intentionally left blank. Mine o�o Excavation outbir 02 New Hope River Arm of auusn Everett Jordan Lake 03 Mine Stockpiles o�e Mine Flows ARBD, LLC Stone LCID Landfill & Mine Mine Permit No. 19-39 This page intentionally left blank. DocuSign Envelope ID'.420FB845-FEF9-4FFE-A422-36CB470BC860 za _ mow. � 4 ./`. ,'" ✓, { � - � - -_ 3 f c__c � 1717 � ✓� � t ,1,-�-__3 r:!` SITE LOCATION r_ xy E cc F_- 47 � F �_ =- J Copyng'ht02013 N�ional Geographic Sociefyal-cubed O1 0 1.000 2000, 3,000 4,000 REFERENCE. U.S.G.S. 7.5 MIN.QUADRANGLE"EARRINGTQN" co Feet of g STONE ELLCIO ATIONMAP SMITH GARDNER o SITE LOCATION MAP U J Q 1 ♦.1-i 21 VLr 11 . 4_I.q't VIM/. 0] DRANP. APPROVED SCALE. DATE. PROJECT NO.. FIGURE NO.: 3 0 U_ C.T.J. S.A.S. AS SHOWN Dec. 2019 ARBD 19-1 1 (7