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HomeMy WebLinkAbout20150041 Ver 2_2016 Monitoring Report_20170525CLearWaLer C1earWater Environmental Consultants, Inc. www.cwenv.com May 23, 2017 Ms. Jennifer Burdette 401 & Buffer Permitting Unit NCDENR — Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Brickhaven & Sanford Mines 2016 Wetland & Stream Monitoring DWQ No. 15-0041-42 v2 USACE Action ID No. SAW -2014-02254 Lee County, North Carolina Dear Ms. Burdette, IoL�C��pb� MAY 2 5 2011 Please reference the "Approval of Individual 401 Water Quality Certification and Isolated and Other Non -404 Jurisdictional Wetlands and Waters General Permit with Additional Conditions -Modification" letter dated November 24, 2015 (Appendix A). This letter outlines the conditional requirements for Individual Certification No. 4026, which authorized wetland and stream impacts at the Brickhaven and Sanford Mine sites located in Lee County, North Carolina. A site vicinity map and USGS topographic map are attached for reference (Figures 1-3). Condition Three of Individual Certification No. 4026 requires visual monitoring for the assessment of "aquatic life propagation, hydrologic functions and biological integrity" of selected wetlands and streams located downstream of authorized impact areas. Visual monitoring is to occur every six months upon the initiation of upstream impacts. Photographs depicting biannual monitoring conditions are to be submitted on an annual basis. The visual monitoring of wetland and stream features at the Brickhaven and Sanford Mine sites is aimed at documenting either the preservation of pre -impact conditions or changes in baseline data due to construction activities. C1earWater Envirommnetal Consultants, Inc. (CEC) collected visual monitoring data at the Brickhaven Mine site on June 14, 2016 and December 12, 2016. Visual monitoring data from the June and December 2016 site visits is reflected within this report. Visual Monitoring On December 1, 2015 CEC established a total of tweny-five photo points within a wetland located south of the laydown yard at the Brickhaven Mine. Photo points were then flagged/staked, photographed, and recorded using a GPS unit. 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel Ms. Jennifer Burdette 05/23/17 Page 2 A photo location map for the Brickhaven Mine site is attached as Figure 4. Photo documentation of the June 14, 2016 and December 12, 2016 visual monitoring at the Brickhaven Mine is included as Appendix B. Precipitation data for the site is represented within Appendix C. As of the initial December 1, 2015 site visit, construction activities relating to authorized impacts at the Brickhaven Mine site were complete. Construction at the Sanford Mine has not occurred, and a start date for site development has not been determined. Conclusions At the time of the June 14, 2016 and December 12, 2016 site visits, the wetland located south of the laydown yard at the Brickhaven Mine displayed hydrologic indicators consistent with those identified during the baseline/original wetland delineation (July & August 2014) that occurred prior to site development. These indicators include the presence of surface water, soil saturation in the upper twelve inches of the soil profile, drift deposits, water -stained leaves, and crayfish burrows. As of the December 12, 2016 visit, several large, downed trees were scattered throughout the site as a result of Hurricane Matthew. Photo points B-23 and B-25 (Figure 4) were impacted by fallen trees or debris and were relocated. Although Hurricane Matthew disrupted vegetation within the tree and shrub strata of the wetland, no apparent change in the wetland boundary or hydrology was observed. It is the opinion of CEC that site construction has had no adverse effect on the wetland, and that this feature has maintained pre -impact conditions. If you have any questions or comments concerning this letter please do not hesitate to contact me at 828-698-9800. Sincerely, G. /aylie A. Y ura Biologist 1R.'Clement Ri dle, P.W.S. Principal Figures and Appendices Figure 1: Brickhaven & Sanford Mines Site Vicinity Map Figure 2: Brickhaven Mine USGS Topographic Map Figure 3: Sanford Mine USGS Topographic Map Figure 4: Brickhaven Mine Wetland Monitoring Photo Location Map Appendix A: NCDENR — Division of Water Resources Letter Appendix B: Visual Monitoring - Site Photographs Appendix C: Precipitation Data Brickhaven &Sanford Mines (+/- 739 AC) x • Jordan Lake 501 n- b, ♦ G Q f Moncure �6 o Moncure 1 Qtd ` s Rtrej 4 Brickhaven Mine k ` o a N i. Legend Brickhaven Mine - +/- 407 AC V,"Q St., pe chej -- Sanford Mine - +/- 332 AC °^ Nd �'' 0 0.5 1 2 --- ee Miles Drawn by: KAY 6.17.16; CEC'Project# 7651/70 Q Da ,sour : Charah and HDR Site Vicinity Chatham County, CLearWater y North Carolina 32 Clayton Street Asheville, North Carolina 28801 Figure 1 po d PJ e �fot.and I Sanford -Lot der R'ra ounty Regional R Alrporl a a q � �s Pegan Rd Cie e Lon q Ch Xpe4 Nd Cees 'r C i C � �J o Cleta= M.fl fff Nd QeOT •o _ d S ,a Pd Sanford Mine 501 f C I BR u die Rd s Rtrej 4 Brickhaven Mine k ` o a N i. Legend Brickhaven Mine - +/- 407 AC V,"Q St., pe chej -- Sanford Mine - +/- 332 AC °^ Nd �'' 0 0.5 1 2 --- ee Miles Drawn by: KAY 6.17.16; CEC'Project# 7651/70 Q Da ,sour : Charah and HDR Site Vicinity Chatham County, CLearWater y North Carolina 32 Clayton Street Asheville, North Carolina 28801 Figure 1 Brickhaven Mine (+/- 407 AC) 111 ` i t lip 190 ' 193 `� \\ � ► � � i� ..Gid f', t . Brickhaven Mine 1 � 7 ' N Legend33 rA — �--- •' T �.� ' I Brickhaven Mine - +/- 407 AC �—`-�-�� �- 0 500 1,000 2,000 _ Feet Drawn by: KAY 6.17.10. GEC Project# 765 ` f . +,— Data source: Charah and HDR \ 1 CLearWater USGS Topographic Map Chatham County, Moncure Quad North Carolina 32 Clayton Street Asheville, North Carolina 28801 Figure 2 Sanford Mine (+/- 332 AC) s X* ' \ _ M -- zc-- — Sanford Mine 'y. _./r " ;�..i24 d %j , J T. ,�. � � � �_/: y js�. ' `• __ Jim 11 �,%'�,.,,_ i, l' a r =� �/ / }� ✓ Legend -- - 0 500 ry1 000 2,000 I Sanford Mine - +/- 332 AC �f�- F._ �,..._ Feet Drawn 4Y: KAY �\75 CEC Pio olit 765 Data source: Char and HdR CLear\A/ater USGS Topographic Map Chatham County, Colon Quad North Carolina 32 Clayton Street Asheville, North Carolina 28801 Figure 3 B-3 Legend x� Photo Point Wetland Project Boundary Drawn by: KAY 6.17.16; Upd: Lee County, North Carolina B-4 12.14.16; Project# 770 Brickhaven Mine , 8-11 ��B 9 B-1 2 13 -12 13 j B-14 ;1 t' B-15 CLearWaLer 32 Clayton Street Asheville, North Carolina 28801 B-16 YC` I I I B-17 � I I B-18 � I I B-19 �Y I 8-20 1 B -25B-21 � I B-24 22 ---- B-23 J ' n------------- N 0 125 250 500 Feet Brickhaven Mine Wetland Visual Monitoring Photo Point Location Map Figure 4 Appendix A "Approval of Individual 401 Water Quality Certification and Isolated and Other Non -404 Jurisdictional Wetlands and Waters General Permit with Additional Conditions - Modification" November 24, 2015 4 CCDENR North Carolina Department 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 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 Water Resources 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N Salisbury St, Raleigh, North Carolina 27604 Phone: 91M07-63001 FAX: 919-807$492 Internet: www rtmaterquality org An Equal Opportunity t Affirmative Action Employer - Made in part by recycled paper Green Meadow, LLC November 24, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 Page 2 of 9 The petition may be faxed to the OAH at (919) 431-3100, 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 US Postal Service.- Office ervice: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act, 15A NCAC 02H .0500 and 15A NCAC 02H .1300. Please contact Jennifer Burdette at 919-807- 6364 or iennifer.burdette@ncdenr.gov or me at 919-807-6360 or karen.higgins@ncdenr.gov if you have any questions or concerns. Sincerely, oo S. Jay Zimmerman, P.G. Director, Division of Water Resources Attachments: Certification #4026, IWGP100000 cc: Clement Riddle, ClearWater Environmental Consultants, Inc., 224 South Grove Street, Ste F, Hendersonville, NC 28792 USACE Raleigh Regulatory Field Office Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 Janet Boyer, DEMR State Mining Specialist Ed Mussler, PE, DWM Permitting Supervisor DWR RRO 401 file NC Attorney General's Office (via email) DWR 401 & Buffer Permitting Unit file Filename: 150041-42v2Sa ndford BrickhavenM i nes(LeeChatha m )_401_IC_Mod.docx Green Meadow, LLC November 24, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION and ADDITIONAL CONDITIONS TO THE ISOLATED AND OTHER NON -404 JURISDICTIONAL WETLANDS AND WATERS GENERAL PERMIT 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 02H .0500 and 15A NCAC 02H .1300, to Mr. Charles Price and Green Meadow, LLC, who 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, 2015, June 26, 2015, July 13, 2015, July 29, 2015 and November 19, 2015, by 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 13 and 16, 2015. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 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 (IWP) are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) & (c) and 15A NCAC 02H .1305(d)) Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Brickhaven Mine Site Stream Impact 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 (linear 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 (linear feet) 0 (linear 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, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 Page 5 of 9 Type of Impact Amount Approved (units) Permanent Amount Approved (units) 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 (acre) Sanford 404 Wetland Subtotal 1.11 (acre) 0 (acre) ' Mitigation not required Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division received a receipt from the NC Division Mitigation Services (DMS) dated September 21, 2015 indicating that the compensatory mitigation listed below has been paid. [15A NCAC 02H .0506 (b)(6) & (c)(6); 15A NCAC 02H .1305(d)(6)1: Visual Monitoring Streams downstream of Impact Areas #21 and #25 as labeled on the Sanford Site Plan and Impact Map and the wetland south of the laydown yard as labeled on the Brickhaven Site Plan and Impact Map both received by the Division on June 26, 2015 shall be visually monitored by the Permittee 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 to 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 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 on June 1st of each year. [15A NCAC 02B .0211(1) and .0231(2)] 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 Visual Monitoring Streams downstream of Impact Areas #21 and #25 as labeled on the Sanford Site Plan and Impact Map and the wetland south of the laydown yard as labeled on the Brickhaven Site Plan and Impact Map both received by the Division on June 26, 2015 shall be visually monitored by the Permittee 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 to 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 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 on June 1st of each year. [15A NCAC 02B .0211(1) and .0231(2)] Green Meadow, LLC November 24, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 Page 6 of 9 4. The temporary wetland mat(s) at the railroad bridge crossing at the Brickhaven site shall be removed and the impacted area returned to natural conditions within 60 calendar days of the determination that it is no longer necessary. The impacted area shall be restored to original grade, and the site shall be stabilized with natural vegetation to prevent erosion. [15A NCAC 02H.0506 (c)(2)] 5. Structural Fill Permits Full compliance with Structural Fill Permits 1910-STRUCT-2015 and 5306-STRUCT-2015, issued by the Division of Waste Management (DWM), is required. The Division shall be copied on any request for modification to the Structural Fill Permit(s). [15A NCAC 02H .0506(b)(2) & (c)(2) and 15A NCAC 02H .1305(d)(2)] 6. Mining Permits Full compliance with Mining Permits 53-05 and 19-25, issued by the Division of Energy, Mineral and Land Resources (DEMLR), is required. The Division shall be copied on any request for modification to the Mining Permit(s). [15A NCAC 02H .0506(b)(2) & (c)(2) and 15A NCAC 02H .1305(d)(2)] 7. NPDES Stormwater Permits Full compliance with NPDES Stormwater Permits NCG020354 and NCG020854, issued by DEMLR, is required. The Division shall be copied on any request for modification to the Stormwater Permits. [15A NCAC 02H .0506(b)(5) & (c)(5) and 15A NCAC 02H .1305(d)(5)] 8. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land, which allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO10000), inspection log sheets, and other information may be found at: http://portal.ncdenr.org/web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) & (c)(5)] 9. The Division shall be copied on any request for modification to the DWM approved water quality monitoring plans. [15A NCAC 02B .0506(b)(3) & (c)(3) and 15A NCAC 02H .1305(d)(3)] 10. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of 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. [15A NCAC 02H .0501 and .0502] Green Meadow, LLC November 24, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 Page 7 of 9 11. Sediment and Erosion Control Erosion and sediment control practices must be in 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 Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: a. 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 waste pile (spoil) projects, including contractor -owned or leased 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 of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at 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 by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall 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 restored within two (2) months of the date that DEMLR or the locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 13. All work in or adjacent to stream waters shall be conducted 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 to minimize excavation in flowing water. [15A NCAC 02H .0506(b)(3) and (c)(3)] 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. [15A NCAC 02B .0200] Green Meadow, LLC November 24, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 Page 8 of 9 15. Placement of Culverts and Other Structures in Waters and Wetlands [15A NCAC 02H .0506(b)(2) and (c)(2)1 Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered and to 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 streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other fill projects are constructed across FEMA -designated floodways 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. 16. Any riprap used for stream stabilization shall be of a size and density to prevent movement by 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 streambed except in specific areas required for velocity control and to ensure integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] 17. A one-time application of fertilizer to re-establish vegetation is allowed in disturbed areas, but is restricted to no closer than 10 feet from waters. Any fertilizer application must comply with all other Federal, State and Local regulations. [15A NCAC 02B .02001 18. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 19. Continuing Compliance Mr. Charles Price and Green Meadow, LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If 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, or that further conditions are Green Meadow, LLC November 24, 2015 DWR# 15-0041-42 v2 Individual Certification #4026 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, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and .1303 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504 and .1303. Any new or revised conditions shall be provided to Mr. Charles Price and Green Meadow, LLC in writing, shall be provided to the 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 NCAC 02H .0507(d)(2) and 15A NCAC 02H .1304(c)(2)] 20. 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. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 & .0502 and 15A NCAC 02H.1301 &.1302] 21. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 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. [15A NCAC 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 NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 24th day of November 2015 / -��_ ------- S. 'S. Jay Zimmerman, P.G. Director, Division of Water Resources SJZAa b 4026 Appendix B Visual Monitoring — Site Photographs June 14, 2016 & December 12, 2016 Photo Point B-1. View Southeast. Photo Point B-1. View Southeast. Appendix B Page 1 Brickhaven Mine Monitoring Photo Points Photo Point B-2. View Southeast. Photo Point B-2. View Southeast. Note multiple trees have fallen within the photo point vicinity. Appendix B Page 2 Brickhaven Mine Monitoring Photo Points v ti T y. . A T t - ♦ �s y,,�,� _ � � fir` y,". 3QY. g T . i ♦�Ir. �` - �} � ♦. c t IA LL Photo Pointi Southeast. •, to x . 4 ( r ,� crT i P r Photo Point B-5. View Southeast. Photo Point B-5. View Southeast. Appendix B Page 5 Brickhaven Mine Monitoring Photo Points Al. JR7 "llb ie f iX vij, k k T-7 AW Q 61 s /.20,16 12 05 ��A74 N -1— 1, tl Ai, N6, AW ��A74 Photo Point B-7. View Southeast. i. .�, �.....1 _� *mow �*�.L ?��•'�., I l � , 1 lot a �yAl ►i Photo Point B-7. View Southeast. Appendix B Page 7 Brickhaven Mine Monitoring Photo Points Photo Point B-8. View Southwest. Photo Point B-8. View Southwest. Appendix B Page 8 Brickhaven Mine Monitoring Photo Points ]_ r yj'� * P XJ J6114/2016 12 Photo Point B-10. View Southwest. Photo Point B-10. View Southwest. Note multiple fallen trees within photo point vicinity. Appendix B Page 10 Brickhaven Mine Monitoring Photo Points Photo Point B-11. View Southwest. qt.: fi.a .0 ✓.'R VAN 15 a � �s ii . y.. 2 qt.: fi.a .0 ✓.'R Photo Point B-11. View Southwest. Appendix B Page I 1 Brickhaven Mine Monitoring Photo Points a �s Photo Point B-11. View Southwest. Appendix B Page I 1 Brickhaven Mine Monitoring Photo Points r� 06114/2016 1236 �.I4 11 J � I e. �� ' ry. ...... wit . .t . •if��f " )�.. r %�.V res � `47 Photo Point B-14. View Southeast. Photo Point B-14. View Southeast. Note fallen trees within photo point vicinity. Appendix B Page 14 Brickhaven Mine Monitoring Photo Points f..� "r "ri ;.► '" t , v''1 fir- '�',; r � �"1 ..5=.= . a'v.�. - . ..a+�. `�+ itr`,(u`f+� {w 4rs.l^:�, :��" . /� ;`� 1!';,+.a+•., ....if'# Tip +� i �. TAY • }7"' Photo Point B-16. View Southeast. Photo Point B-16. View Southwest. Photo point relocated due to multiple fallen trees within vicinity. Appendix B Page 16 Brickhaven Mine Monitoring Photo Points Photo Point B-17. View Southeast. Photo Point B-17. View Southeast. Note multiple fallen trees within photo point vicinity. Appendix B Page 17 Brickhaven Mine Monitoring Photo Points Photo Point B-18. View Southwest. Photo Point B-18. View Southwest. Note fallen tree within photo point vicinity. Appendix B Page 18 Brickhaven Mine Monitoring Photo Points J � 1 $ a x r • � �� l� ..e �S�. ��y.', � ), � - i �4t1w4/., •_ ��t. ... ,. , 4 1 J � 1 $ a x r • � �� l� ..e �S�. ��y.', � ), � - i �4t1w4/., •_ ��t. ... ,. , �i 4N N;r .' � �.ac 11 yy .'(( 6 i F. - .},. }• `:j �,t' 11 . �'. y� f VA %` wit.: �rr ` � ,?`�, f t � (! 8 • •. 1 �'��u�=ef' �' „} •,(,. r 'Y� i 'R►j Y. L �� , �i k\,�, 5'.. _' v�r •Sk 14 i= ��� mil b = ""y Al ', 6 ` St Y". 5 y ` � T s a,� �,. 'l`t', r 'ai `s ? �.•.�' a. teG!.1F. .-.1 �'Y �' ' ='.•fir j'�y "r "�.�'-t fr i pt12�/x12./ 20'16 ` lt�5c:,p 1 Photo Point B-22. View Southeast. i��fyj qq'yyI 4C. � - � r• ri.:- r Ply. �, s,� '� �� - ,3� -�� .. fY �.LL� X�,,r w, �" ,.0 s �! �, v - = d.. ♦v��r.p`l�9 �i ;y.. 7 ,jF {v� ,4., ..♦-"'" '.{`f I,{� � � �' Vin. �. c' .. .; Photo Point B-22. View Southeast. Appendix B Page 22 Brickhaven Mine Monitoring Photo Points At 4- Of �. 06/14/2016 .1,3" 04 is Pfli i A, AJ� .06/1'4) - '2016 13 09 4 —9 .N zt TAI Photo Point B-25. View Southwest. .� ��a a i7 ;+des ��/y:� •v �w~ t Photo Point B-25. View Southwest. Photo point relocated due to multiple fallen trees within vicinity. Appendix B Page 25 Brickhaven Mine Monitoring Photo Points Appendix C 2016 USDA Field Office Climate Data WETS 30-70 Percentile Graph — Station NC7656, Sanford 8 NE 4 January Station NC 7666, Sanford 8 NE WETS Station, 2016 30-70 Percentile Graph February MarO ipri May lune July august September Octcber Nc•-mmber December tdonth 70th Percentile Actual Rainfall — -?0th Percentile