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
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♦ G
Q f Moncure
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o Moncure
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Brickhaven Mine
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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
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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
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lip
190
'
193
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Brickhaven Mine
1
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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* '
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— Sanford Mine 'y. _./r " ;�..i24
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,�. � � � �_/: y js�. ' `• __ Jim 11 �,%'�,.,,_ i,
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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
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B-15
CLearWaLer
32 Clayton Street
Asheville, North Carolina 28801
B-16
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B-17
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B-18
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B-19
�Y I
8-20
1 B -25B-21
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B-24 22
---- B-23 J
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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
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Photo Point B-5. View Southeast.
Photo Point B-5. View Southeast.
Appendix B Page 5
Brickhaven Mine Monitoring Photo Points
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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
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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.
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Photo Point B-11. View Southwest.
Appendix B Page I 1
Brickhaven Mine Monitoring Photo Points
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Photo Point B-11. View Southwest.
Appendix B Page I 1
Brickhaven Mine Monitoring Photo Points
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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
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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
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Photo Point B-22. View Southeast.
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Photo Point B-22. View Southeast.
Appendix B Page 22
Brickhaven Mine Monitoring Photo Points
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Photo Point B-25. View Southwest.
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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