Loading...
HomeMy WebLinkAbout2014 Renewal/Mod File Issued - 11/4/2015Wehner, Judy From: Gantt, Matt Sent: Friday, January 27, 2017 5:02 PM To: Vinson, Toby; Boyer, Janet; Wehner, Judy Cc: Latham, Tim Subject: Re: - Quarry in Ashe County Did you see the attached videos? Their only concern is the asphalt plant catching on fire. I've gotten several complaints about it already (Asphalt plant). I sent those to DAQ. Last time we were there they had everything covered in stone so they could get the AQ permit. We can't do anything about oil slicks. Did the mining program get the response to the attorney regarding Bamboo Road yet? I have not seen it yet. Getting calls on that too. I told them to call Janet. From: Vinson, Toby Sent: Friday, January 27, 2017 4:25:56 PM To: Gantt, Matt; Boyer, Janet; Wehner, Judy Cc: Latham, Tim Subject: RE: - Quarry in Ashe County When was the last inspection? tv William E. Toby Vinson, Jr., PE, CPESC, CPM Chief of Program Operations Division of Energy, Mineral, and Land Resources Department of Environmental Quality 919-707-9220 toby.vinson@ncdenr.go 1612 Mail Service Center Raleigh, NC 27699 ­-�>­Nothinq Compares - E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Gantt, Matt Sent: Friday, January 27, 2017 1:37 PM To: Boyer, Janet <janet.boyer@ncdenr.gov>; Wehner, Judy <judy.wehner@ncdenr.gov> Cc: Vinson, Toby <toby.vinson@ncdenr.gov>; Latham, Tim <tim.latham@ncdenr.gov> Subject: FW: - Quarry in Ashe County Janet.a.nd Judy, Please see the attached concern. We've received a couple of these lately. The ultimate goal is to stop construction of the asphalt plant. We have no control over that or the oil slick on the road outside of the quarry. The last time we were there. The slopes had all been stabilized and the ditches and roads had all been covered with class B stone. Thanks, Matt From: Latham, Tim Sent: Friday, January 27, 2017 1:01 PM To: Gantt, Matt <matt.gantt@ncdenr.gov> Cc: Subject: FW: - Quarry in Ashe County Matt, Please see the below email from concerning a complaint for Glendale Springs Quarry, ASHE-005. I spoke with her by phone this morning, and said that I would forward to you. She is concerned that an inspection has not been completed recently to see if the quarry is compliant with current permits. fff,71 Timothy R. Latham Senior Environmental Specialist Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 336-776-9800 office 336-776-9656 direct tim.latham(o)ncdenr.gov 450 West Hanes Mill Road Suite 300 Winston Salem, NC 27105 -�^Nothinq Compares 1, ZI_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sent: Friday, January 27, 2017 12:37 PM To: Latham, Tim <tim.latham@ncdenr.gov>; Rep. Jonathan Jordan <Jonathan.Jordan@ncleg.net>; Adam Stumb <adam.stumb@ashecountygov.com> Subject: - Quarry in Ashe County Hi Tim, Thank you for talking with me earlier. I enjoyed our conversation and you were very helpful. *This email is confidential and the information within. It is not to be shared with anyone besides the intended recipients of this email and staff within NCDENR, unless 1, , authorize otherwize.* To whom it may concern, I am filing a complaint against Radford Quarries in Ashe County off Glendale Springs Road in Glendale Springs. It is extremely important that an inspection take place immediately. An inspection is way past due! Concerns with violations that were previously addressed and are currently not resolved, along with many current existing violations, raises questions of when a diligent inspection will take place. The owners of the quarry are not responsible people and seem not to take in consideration the health, welfare and environmental concerns, nonetheless, the concerns and regulations from NCDENR. We as citizens of Ashe County are frustrated with the lack of concern, dumbfounded by actions and tired of threats and bullying from the Cecile's (owners of the quarry). Action from your department is therefore demanded with much urgency. I would like to know when this inspection will take place, please. The quarry is currently creating run-off into the New River and our watershed, which feeds many local communities, along with creating a delta into the river which raises concern for the river's health. The road coming out of and onto the main road has a thick oily sludge from the quarries trucks, creating runoff into the creeks that flow into the New River and are also hazardous road conditions. In dryer conditions, massive dust. We have photos if you need them, but encourage you to see it for yourself. These concerns do not include the items we, as citizens, can not see and this is where we need your help. Camp New Hope, for terminally ill children, is located down -river and in very close proximity to the quarry. The children are very sensitive to any conditions that pose a threat due to their medical conditions. Residents are in fear a devalued property values and the health of the New River, Blue Ridge Parkway, Church of Frescoes, tourist industries, fires that will not and cannot be extinguished by the underdeveloped infrastructure of this area and the massive amounts of timber within this region that will go up in flames, possibly starting statewide forest fires. I urge you to examine the latest inspections from NCDENR and then go to the quarry site on an §urpris ip�pp_qtiO, with the sheriff, due to the lack of mental stability shown previously towards inspectors. Time is of the essence! Please respond ASAP. The same irresponsible and irregarding owners are in the process of trying to start a massive heat producing, polluting asphalt plant that will destroy this area and endanger lives. They will not be regulated and have proven this with their history and actions. Your hands are Not Tied. Action is required! An environmental impact study is also requested. Please keep our Planning Director for the county, Adam Stump (which might be issuing the Watershed Permit for this asphalt company very soon and needs to know the full extent of the Ceclie brothers business relations to take that in consideration when issuing them another permit), Representative Jonathan Jordan (which we urge to take a unprecedented standing against this company) and myself, updated on your progress, findings and what exactly you are going to do about it. Thank you and I wait in anguish for your response. I really do appreciate all that everyone does here and can do. I know the frustration on your end must be wearing, but believe that is why certain individuals were put on this earth. To stand strong when others won't or can't. For your viewing pleasure, below are sites of what our future will probably bring. These are only a few. 0 httP&W/w I w.youtube.com/watch?v=3a-den8XmvO https://www.youtube.com/watch?v=vaSvUuGvOOO https:Hwww.youtube.com/watch?v=v-vmOZopQoc&t=lls https:Hwww.youtube.com/watch?v=ciEf3nt2n54 https://www.youtube.com/watch?v=o9MUzSlEB3A https://www.youtube.com/watch?v=m5fG-u qOuE https://www.youtube.com/watch?v=Zr-m5ZD6RTc .. . . ..... ...... ... .. . . I . .. . .... .... Asphalt Refinery Fire, Long Beach www.youtube.com Long Beach FID battles flames that erupted at an asphalt refinery after a high pressure leak ignited in an approximate 4 inch pipeline. Knockdown in about 25 minutes. Asphalt Truck Fire www.youtube.com Asphalt Truck Fire .. . . ... .... . . ... ...... . ....... ......... . . ..... ...... I . ...... .......... . . ................. . ...... Asphalt plant fire www.youtube.com Asphalt Plant Fire www.youtube.com A fire broke out Tuesday at F ve. (Physical) P.0 Box 1340 (Mailing) West Jefferson.. NC 28694 NC Licensing Law requires all agents to share the following information "Working With Real Estate Agents". W7 Wehner, Judy From: Gantt, Matt Sent: Friday, October 28, 2016 8:47 AM To: Cc: Vinson, Toby, Cole, Brad; Boyer, Janet; Wehner, Judy; Latham, Tim Subject: RE: Radford Rock Quarry Attachments: 95-03 REN -MOD 2015.pdf Hi Ms. The most recent plan for this mine that I have is showing a crusher and conveyors on the south side of the quarry, adjacent to Sunny Knoll Acres. That plan is dated July 2, 2014. A copy of the most recent permit is attached for your reference. Thanks, Matt From: Sent: Thursday, October 27, 2016 3:22 PM To: Gantt, Matt <matt.gantt@ncdenr.gov> Subject: Radford Rock Quarry Mr. Gantt, It has come to our attention that the Radford Rock Quarry off Bamboo Road In Watauga County is in the process of putting together a rock crusher on the property adjacent to the Sunny Knoll Acres subdivision that my husband and I live in along with about twelve other families. This rock crusher is within 75 feet of several neighbor's wells. We are very concerned and frightened about the dust, noise and damage to our wells that the operation of a rock crusher would cause. Do you have any information about this? Is there anything we can do? Sincerely, Wehner, Judy From: Gantt, Matt Sent: Monday, October 12, 2015 12:07 PM To: Boyer, Janet Cc: Wehner, Judy Subject: Bamboo Road Quarry Review Comments Hi Janet, Could you please call me regarding the Bamboo Road Quarry review? The comments are due to you 10/16/2015. Thanks, Matt Matthew E. Gantt, PE North Carolina Department of Environmental Quality Winston-Salem Regional Office Division of Energy, Mineral and Land Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Voice: (336) 776-9654 FAX: (336) 776-9798 MINING CHECKLIST FOR ROUTING Applicant's Name: N40/ ProjectName: Applic.1 Permit No: County. Wall, Date Received: bs- Reviewer:-, UJV,,- River Basin Name: 11 New ��11 Renewal El Modification (inside permit boundaries) El Modification (outside permit boundaries) El Transfer El Release El Partial Release El Additional Information El Fee Needed: s EJ Fee Received:$ Plea ,W�oute entire application package to 4 W1 A�� W1(A— Regional Office (2 complete copies; attach the "LQS Regional Office Mining Application Review Checklist" to me copy and attach both the DWQ_and DWR "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Please route first 3 pages of the application and anv location maps to: El Division of Parks a Recreation Date; Routed 491 15� Rec'd n Division of Water Resources Date: Routed Recd El NC Wildlife Resources Commission Date: Routed Rec'd n US Fish (?.� Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and anv location maps to: El Division of Parks a Recreation Date: Routed Rec'd El NC Geological Survey Section Date: Routed Rec'd El Division of Marine Fisheries Date: Routed Rec'd El Division of Soil & Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and modifications requests that add land to the pemit) El Division of Archives e History Date: Routed Recd (Only new applicants) F1 Other: Date: Routed Rec'd * * Suspense Date for Comments: (no later than 25 days from receipt) El Please note the following: 92 AIM September 18, 2015 Ms. Judith A. Wehner Assistant State Mining Specialist NCDENR 1612 Mail Service Center Raleigh, NC 27699-1612 RECEIVED 2 1 ^,015 LAND (DjALiTY [VHNING PROGRAM Eng RE: Bamboo Road Quarry, Permit No. 95-03 — Watauga County — New River Basin Ms. Wehner: The following responses are pertaining to the letter data August 4, 2015. 1. C) Provide design calculations for sediment basin #1. R) Calculations for Riser Basin #I have been provided, as well as calculations for Riser Basin #2 and Settling Pond. Please see sheet C2. Calculations are shown in the lower left hand comer of the sheet. 2. C) Provide diversion berms for Riser Basin #1 and #2. R) Diversion berms have been provided for Riser Basin #1 and #2. Please see sheet C2. 3. C) Provide a 100 foot undisturbed buffer along the south side of the mine. Remove all stocicpiles and roads from the buffer. 126 Executive Dr., Suite 220 staff@brec.biz 336.844.4088 It.0 Wilkesboro, NC 28697 V www.brec.biz R) Please see enclosed photos of established 50' or larger buffer on south side of mine. All stockpiles have been removed from the buffer. The existing road must remain to access electrical utility right of way. 4. Q A field inspection has revealed the visual screening is inadequate. Provide adequate visual screening. R) Please see enclosed photos. Visual screening is adequate and will grow over time to be opaque. Please let us know if you have any further questions or comments. Thanks, i 4��D Derek S. Goddard BREC, PA Vice President Enclosures cc: Dr. D J Cecile 218 Sunny KnoH Lane Boone, North Carolina 28607 September 10, 2015 Dr. D. J. Cecile Radford Quarries 5605 Bamboo Road Boone, NC 28607 Re: Sunny Knoll Acres and Sunny Knoll Lane r. Dear Dr. Cecile, RECEFIVF:D SEP 2 12015 LAND QUAL17-y MINING PROGPAM You probably realize that I was raised in the first house constructed in Sunny Knoll Acres back in 1965. I'm still here after nearly fifty (50) years. Since then the subdivision road continued to deteriorate due to automobile and heavy truck traffic until you took the initiative to make the old power company roadway passable to truck traffic. That one event changed the lives of everyone in the subdivision, making the community free of the large trucks. I realize the quarry still has use of the subdivision road, but it has been a great help since you routed your traffic out of the subdivision. The entrance of the subdivision was paved this summer, taking out all the potholes we have all suffered with for decades. I c&t begin to express to you my appreciation for the actions of your industry to reduce the traffic out of our community and making it more comfortable. Thanks also for the buffering trees you planted to deaden any noise from the quarry. You have always been available to our family to discuss any and all matters impacting the Sunny Knoll community. Thanks for the great products you provide the Boone area and keeping your business local. Kindest regards, .Q �-% -60-c"O CY&A (Virtual Signature - Original hand delivered) A. A Radford Quarries, Inc. To: Judy Wehner From: D. J. Cecile, A.M., Ph.D. CC: Date: 9/10/2015 Re: Mining Permit 95-03 Comments. Detailed Description - in reply to your letter of August 4, 2015, attached is a map wherein we propose a reduction of the 100 foot buffer to a 50 foot buffer. This map addresses Item 3 of the aforementioned letter. Attached are also photos which address Item 4 of the aforementioned letter. Derek Goddard of Blue Ridge Environmental Consultants shall with this memo submit information addressing Items I and 2 of the same letter. ; - -C 17; A . - 1 4, - -� � � - 11 :��. -, - 1.7a, Rook AL "Nit IL NOW WWI ow , 44 A4 ' tj NR X kIN IL , 42 17W In i -I WI_ 4A -TA Lw1 ,v k Id 42 . . . . . 4A it,11. .01 Apr. 40 I.— I ;a AI7 lip' IL�N , �2 0 4 44 rill F "'i oj� ML 16 we - 4Z oL Ik ) 'pi 14, 1jr sk . . . . . . . . . . . . . 4i -ft 1v jw� Ir thl 118'. 41 47 .1 - Wo 4f NOR Ilk V, 6. Nf 17� lit N111's 1,44 If 16 KAI, I F I 41 f 44- .Or 70 If Vk�7- Ik 10, lcff I r .11 "WA All, e- 44' A*� '41 .... . . . . . . kV JP Ak wo. I h— . AN, Fk k6 IL '42 wS',' T, 1 4 y4ff IL k� 4 Ott. ilk. Ie' IV EA IN, Ji� $ Wl j— WP 04 4.k tip %v ILI" 71 'pr 4611 Till �JV .......... 41 14 Ar MV -L7 z, IWI 4h. At 47 tvj! le 29- J— i. I MIN,. REV I'A k-'Nlom em, FV 16; 1-4 (1 P. -4X" Ad- #7 3L4 AV 6 1-;-S 44" 14 If or's NkA. L -c- ---k -777:�! 4P Ut Al' U� OKI, A 1tv I omi -�t irk -71 -IV fj *ef e. Ail A74LA.. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 27, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1126 1174 Dr. D. J. Cecile Radford Quarries Inc. PO Box 2071 Boone, North Carolina 28607 RE: Glendale Springs and Bamboo Road Quarries Mining Permit Nos. 05-05 and 95-03 Ashe and Watauga Counties New Watauga River Basins Dear Dr. Cecil: We have received the $127,700.00.00 Irrevocable Standby Letter of Credit No. 985- 3119 issued by Yadkin Bank for the referenced mining operation. As this new Irrevocable Standby Letter of Credit sufficiently covers the mining operations, the enclosed Irrevocable Standby Letter of Credit No. 25437for $.58,300.00 issued by the New Country Bank, Division of Yadkin Valley Bank*Bank is hereby released by the Department of Environment and Natural Resources for your disposal. Thank you for your cooperation and prompt attention to this matter. If you should have any questions on the above, please contact me at (919) 707-9220. Sincerely, d�ithA. Wehner Assistant State Mining Specialist Land Quality Section Enclosure: Irrevocable Standby Letter of Credit No. 25437 cc: Mr. Matt Gantt, PE Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://Portal.ncdenr.o�g/web/ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 An Equal opportunity \Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper Wehner, Judy From: Boyer, Janet Sent: Monday, August 17, 2015 10:50 AM To: Gantt, Matt Cc: Wehner, Judy Subject: RE: regulations Thanks Janet S. Boyer, PE, CPM State Mining Specialist Division of Energy, Mineral and Land Resources - Land Quality Section North Carolina Dept. of Environment and Natural Resources Janet.Boyer@ncdenr.gov Tel: 919-707-9220 Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: Gantt, Matt Sent: Monday, August 17, 2015 10:15 AM To: Boyer, Janet Cc: Wehner, Judy Subject: RE: regulations Janet, I spoke to Randy Marsh with Radford Quarries this morning about the permit submittal. He seemed to understand what we needed for the permit approval. I told him to call me if he had any further questions. Thanks, Matt From: Boyer, Janet Sent: Tuesday, August 11, 2015 4:41 PM To: Wehner, Judy; D.J. Cecile; Gantt, Matt; Randal Marsh Subject: RE: regulations Matt, Can you please clarify your comments for Mr. Cecile? Janet S. Boyer, PE, CPM State Mining Specialist Division of Energy, Mineral and Land Resources - Land Quality Section North Carolina Dept. of Environment and Natural Resources Janet.Boyer@ncdenr.gov Tel: 919-707-9220 Email correspondence to and from t�k�__­s�ciclress may be subject to the NC Public Kiskq��rds Law and may be disclosed to third parties. From: Wehner, Judy Sent: Tuesday, August 11, 2015 10:46 AM To: D.3. Cecile; Boyer, Janet; Gantt, Matt; Randal Marsh Subject: RE: regulations Matt and Janet What is it that you want? Additional screening along the buffer area where the houses moved into the area? From: D.J. Cecile [mailto:dicecile0radfordquarries.com] Sent: Tuesday, August 11, 2015 10:27 AM To: Boyer, Janet; Wehner, Judy; Gantt, Matt; Randal Marsh Subject: Re: regulations Randy, would you please give Matt at call to discuss any issues so we can put them to rest and get the permit issued? Matt, would you please reply and tell us your direct number? Thanks DJ D. 3. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-1921 Facsimile: (828) 264-9829 Email: djcecile(-Oradfordquarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, Aug 7, 2015 at 1:32 PM, Boyer, Janet <Janet.boyergncdenr.gov> wrote: I think that the regional office's concern had more to do with screening for the neighboring homes on the south side. Janet S. Boyer, PE, CPM State Mining Specialist Division of Energy, Mineral and Land Resources - Land Quality Section North Carolina Dept. of Environment and Natural Resources Janet. Boyer@ncdenr.gov Tel: 919-707-9220 Email correspondence to and from this address may be subject to the NC Public Records Law and may be disclosed to third parties. From: D.J. Cecile [mailto:dicecile(�bradfordquarries.com] Sent: Friday, August 07, 2015 12:27 PM To: Wehner, Judy Cc: Boyer, Janet; Gantt, Matt Subject: Re: regulations Janet, Can you please review the question I posed to Judy and let me know the answer? Thanks DJ D. I Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-1921 Facsimile: (828) 264-9829 Email: dicecile(&radfordquarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Fri, Aug 7,2015 at 10:57 AM, Welmer, Judy <judy.wehner@ncdenr.gov> wrote: This isn't my call. You need to discuss with Janet or Matt. From: D.J. Cecile [mailto:dicecile(&radfordquarries.com] Sent: Friday, August 07, 2015 10:55 AM To: Wehner, Judy; Boyer, Janet Subject: regulations Judy Could you point me to the requirement in the Mining Act that prohibits a road from being in a buffer? I communicated to Vinson, Gantt, and Latham that the road in question is an old utility right of way road. We improved it and started using it to avoid using our right of way which is along the adjacent subdivision road. I don't think any of us want me to start sending my trucks and equipment back through the subdivision road. I can't stop Blue Ridge Electric from using that road. If I have to stop using it and start going through the neighborhood again that is not going to make anyone happy. Please let me know how to handle this. Thanks DJ D. 3. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direcf Dial: (828) 264-1921 Facsimile: (828) 264-9829 Email: dicecile(�bradfordquarries.com Website: www.radfordguarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. 0 w A' i ���A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 4, 2015 Certified Mail Return Receipt Requested 7013 2630 0001 8990 2470 Dr. D J Cecile Radford Quarries, Inc. PO Box 2071 Boone, North Carolina 28607 RE: Bamboo Road Quarry Permit No. 95-03 Watauga County New River Basin Dear Dr. Cecile: Donald R. van der Vaart Secretary We have reviewed the modification and renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Provide design calculations for sediment basin #1. 24"f, 0, A 2. Provide diversion berms for Riser Basin #1 and #2. 3. Provide a 100 foot undisturbed buffer along the south side of the mine. Remove all stockpiles and roads from the buffer. 4. A field inspection has revealed the visual screening is inadequate. Provide adequate visual screening. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.nGdenr.orq/web/Ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper 0 Certified Mail Dr. Cecile Page Two Based upon our review of the submitted project documents, the following recommendations are offered for your consideration and do not require a response: Contact Matt Gantt of the Winston Salem Regional office at (336) 784-2580 or Janet Boyer at (919)707-9228 to discuss the above items. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 -day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner Please contact me at (919) 707-9220 if you have any questions. Aneerely, r Tdit4hA. Wehner Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Matt Gantt PE • Complete items 1, 2, and 3. Also cornpletea item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: DR D J CFCILE RADFORD QUARRIES INC PO BOX 2071 BOONE NC 28607 ,,A. Signature X—T--)&AA 13 Agent 0 Addresse B. Received by PW '( * ted Name) C. Date of Deliver D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 11 No 3. S i Type 'ce ' yp C er 'ed M-11 SExpress Mail tif Registered Return Receipt for Merchandis4 fin.ured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2630 0001 8990 2470 DQ P— qq1 1 onnAt'-"Wffl�— ^2in--ti, Pt.— P ... i�f UNIT TATES.f ,�4-,,qERVICE ,4PSL' ' ]L3. Ak, ilr_ � i -r - PM 3 1 � First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 F Applicant's Name: "0 MINING CHECKLIST FOR ROUTING ProjectName: &w6m L&Id/&A.Z tf Applic.1 Permit No: Date Received: county: Reviewer:— River Basin Name:. 3 lNew I)IRenewal 11 Modification (inside permit boundaries) Modification (outside "it boundaries) El Transfer El Release El Partial Release El Additional Information El Fee Needed: s El Fee Received:$ Please route entire application package to El i A)XA J4, Regional Office (2 complete copies, attach the -LOS Regional 00c, Mining Application Review Checklist" to one copy and attach both the DWQand DWR "Mining Application Review Form" to the other copy; send both copies to the Regional Engineer) Please route first 3 pages of the application and anv location maps to: El Division of Parks e Recreation Date: Routed Rec'd El NC Geological Survey Section Date: Routed Rec'd F] Division of Water Resources Date: Routed Rec'd F] NC Wildlife Resources Commission Date: Routed Rec'd E] US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the "it) Please route first 3 pages of the application and anv location maps to: El Division of Parks e Recreation Date: Routed Rec'd El NC Geological Survey Section Date: Routed Rec'd El Division of Marine Fisheries Date: Routed Rec'd El Division of Soil ir Water Conservation (plus LEA) Date: Routed Rec'd (Only new applications and modifications requests that add land to the pemit) El Division of Archives & History Date: Routed Rec'd (Only new applicants) F1 Other: Date: Routed Rec'd Suspense Date for Comments: (no later than 25 days from receipt) El Please note the following: X, APPLICATION FOR A MINING F MIT EIVED JUL 2 4 2015 NORTH CAROLINA DEPARTMENT OF ENVIROM IENT AND NATURAL RESOURCES OF-NR-DEMLR LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) Name of Mine 0 CA Ir County Wa+61U.9e'- River Basin Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 3 3 2. Name of Applicant* 6�oart,'-&s, -TV, . 3. Permanent address for receipt of official mail** P0 eo)( 2-o?l 600KIP" /JC 2r'<(007 Telephone (87t-) 2 6'1 — q e- 2't Alternate No 4. Mine Office Address 5-(,oS7 66,,1qi>o goad 15oo-e NC 2f%07 Telephone ( �-2�-) 2 6 q — ? o 0 g 5. Mine Manager 19AVXV%y Ce-Cflf- I We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date Print Name 0, T - ( e C " I e Title Ve This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securily) that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. ***,Signature of coMpM officer required. G.S.74-51 provides that the Department shall grantor deny an application for apermit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemenfal information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING 1PLMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G. S. 74-59. LANDOWNER: Signature: Print Name: Qt-T� (e C� V� (Title, if applicable) Company Pf 09e.-A-�--3 1�,L (If applicable) Address: F 0 0 0,(- -1 �00-V'e ric- -L�-� 0-7 Telephone: ( �ik 2 6 q— q �- z �- Date Signed: APPLICANT: Signature: Print Name: 0, T, (ec Title: V19 Company: �Ad rpO Y aV Ck,(f: r 11A C Mine Name:— )�&VLA660 C) LQ'j a Telephone: (M) 2 6 q — 'r S"Z �' Date Signed: -7/ *Signature must be the same as the individual who signed Page 1 of this application. of the comvleted aiDiDlication, six (6) covies of all loca and reclamation maps, and the appropriate processing fe (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. - 18- C200927100442 State of North Carolina Department of the Secretary of State ARTICLES OF AMENDMENT BUSINESS CORPORATION SOSID: 0305114 Date Filed: 10/1/2009 9:46:00 AM Elaine F. Marshall North Carolina Secretary of State C200927100442 Pursuant to §55-10-06 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of Amendment for the purpose of amending its Articles of Incorporation. I - The name of the corporation is: Radford Quarries of Boone, Inc. 2. The text of each amendment adopted is as follows (Stale below or attach): Upon a motion duly made and seconded, be it RESOLVED that effective immediately the name of the corporation shall be changed from Radford Quarries of Boone, Inc. to Radford Quarries, Inc. 3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment, if not contained in the amendment itself, are as follows: N/A 4. The date of adoption of each amendment was as follows- September 1, 2009 5. (Check either a, b, c, or d, whichever is applicable) a. The amendment(s) was (were) duly adopted by the incorporators prior to the issuance of shares. b. -The amendment(s) was (were) duly adopted by the board of directors prior to the issuance of shares. C. 'Me amendment(s) was (were) duly adopted by the board of directors without shareholder action as shareholder action was not required because (selforth a briefexplanalion ofwhy shareholder action was not required.) d.-ILThe amendment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required by Chapter 55 of the North Carolina General Statutes. CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form B-02) C200927100442 - ) C ARTICLES OF AMENDMENT Page 2 6. These articles will be effective upon filing, unless a delayed time and date is specified: N/A This the 23rd day of September 2009 Radford Quarries of Boone, Inc. ,,Z$ [Pam f Co n Signature D. J. Cecile, A.M., Ph.D., Vfce President Type or Print Name and Title NOTES: I . Filing fee is $50. This document must be filed with the Secretary of State. CORPORATIONS DIVISION P. 0. BOX 29622 RALEIGH, NC 27626-0622 (Revised January 2002) (Form B-02) Wehner, Judy From: D.J. Cecile <djcecile@radfordquarries.com> Sent: Friday, July 17, 2015 3:47 PM To: Wehner, Judy Subject: Re: bamboo road Yes. All we did is change the name. It is registered on the NCSOS website. I will send new forras for this and for Glendale. ----------------------------- D. 1. Cecile, A.M., Ph.D. Vice President / CFO Radford Quarries, Inc. P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Direct Dial: (828) 264-1921 Facsimile: (828) 264-9829 Email: dicecile(@radfordouarries.com Website: www.radfordquarries.com This e-mail, and any documents, files or previous e-mail messages attached to it may contain confidential or legally privileged information. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this e-mail is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify us and destroy the e-mail without reading or saving in any manner. Thank you. On Thu, Jul 16, 2015 at 3:04 PM, Wehner, Judy <judy.wehnergncdenr.gov> wrote: Are you changing your corporate name? See the attached. Tried calling. Judy Wehner Assistant State Mining Specialist Division of Energy, Mineral and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9227 (919) 715-8801 fax Judy. WehnergncdenT. gov I ttA RUNK North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 16, 2015 (' Prtifipd Mail Return Receipt Requested 7014 0510 0000 4171 7817 Dr. D J Cecile Radford Quarries of Boone, Inc. PO Box 2071 Boone, North Carolina 28607 RE: Bamboo Road Quarry Permit No. 95-03 Watauga County New River Basin Dear Dr. Cecile: Donald R. van der Vaart Secretary We have reviewed the modification and renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: The recently submitted reclamation bond has Radford Quarries, Inc. as the applicant/operator instead of Radford Quarries of Boone, Inc. If you are changing the corporate name to Radford Quarries, Inc., a new page 1 and Land Entry Agreement must be submitted with Radford Quarries, Inc. on Line 2 of page 1 and have Radford Quarries, Inc. as the Company on the Land Entry Agreement. Please properly complete the enclosed pages and return them to this office. As an alternative, you may wish to amend the Letter of Credit submitted to have as the applicant/operator Radford Quarries of Boone, Inc. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review - ---progresses-.--- Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: hftp://I)ortal,ncdenr.or.q/web/ir/ Mailing Address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper Certified Mail Dr. Cecile Page Two In order to complete the processing of your application, please forward the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 -day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. Sincerely, J 4ui t hAA4.ie h n e r Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Matt Gantt PE E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: D J Cecile <cjcecile@radfordquarries.com> Sent: Wednesday, July 08, 2015 11:24 PM To: Gantt, Matt; Randal S. Marsh Cc: Latham, Tim; Wehner, Judy; Boyer, Janet; Vinson, Toby Subject: Re Bamboo Road Quarry Matt, hope you are well. Thank you for this information. My new office is at the quarry, and I was there all day except for a lunch break. I did not observe any appreciable dust or airborne particulate matter, and I am not aware of any dry grinding procedures at our quarry. Nonetheless, if you could share the name and contact information of the complainant, I will ask Randy Marsh to contact him to see what can be ascertained regarding this alleged event. I believe you met Randy on the last site visit -- he's our compliance and external affairs VP. Incidentally, Randy and his wife reside in the neighborhood adjacent to our quarry. I feel certain he would have made it known to us had there been dust permeating through the air between our quarry and the neighborhood. Thank you very much for contacting me, and I look forward to hearing from you. DJ D.J. Cecile Sent from my iPad On Jul 8, 2015, at 12:59 PM, "Gantt, Matt" <matt.gantt@ncdenr.gov> wrote: Hi DJ, I have received a complaint regarding quartz dust from the Bamboo Road Quarry in Boone. The gentleman stated that "dry grinding" was taking place and that a great deal of dust was coming from the quarry onto adjoining neighborhoods. I attempted to call the person that complained back to get more information but got his voice mail. If I am able to get more information from him I will be sure to pass it on to you. Thanks, Matt Matthew E. Gantt, PE NC DENR Winston-Salem Regional Office Division of Energy, Mineral and Land Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Voice: (336) 776-9654 FAX: (336) 776-9798 • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: MR D J CECILE RADFORD QUARRIES OF BOONE PO BOX 2071 BOONE NC 28607 A. Signature X -T-D kfl 0 Agent 0 AddressE B. Received by (Flrffted Name) C. Date offeliver D�"'3,19'qsk-r 1 jvp 1 D. Is delivery addr6ss different from item 1? '0 Yes If YES, enter delivery address below: 0 No Service Type Certified Mail Express Mail Registered Return Receipt for Merchandis i 11 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) El Yes 2. Article Number 7013 2630 0001 8990 1022 (Transfer from service /abe/) P.q Fnrm qR1 I Pohn inni qnnA OCI AZ nnmoQtip Patij— Panni�t UNITED STATES� RVICE 1%JC 2-714 First -Class Ma I Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+4 in this box 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 U AiLrAyl HCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Certified Mail Return Receipt Requested 7013 2630 0001 8990 1022 Mr. D J Cecile Radford Quarries of Boone, Inc. PO Box 2071 Boone, North Carolina 2860 Re: Bamboo Road Quarry Mining Permit No. 95-03 Watauga County New River Basin Dear Mr. Cecile: 0'. Donald R. van der Vaart January 21, 2015 Secretary The review has been completed on the renewal and modification request your company submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the following: The reclamation bond was calculated for this site using the information submitted in the revised application request. The reclamation bond for this site has been calculated to be $88,600.00. The calculation worksheet is enclosed for your revievv and the bond or balance ($59,500.00) will be required prior to approval of this modification and renewal. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Radford Quarries of Boone, Inc.. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the modification and renewal request cannot, be completed until the new bond amount has been received. Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section I Q1 2 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr.org/web/i An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper CERTIFIED MAIL Mr. Cecile Page Two As required by G.S. 74-51 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. In order to complete the processing of your modi ' fication and renewal request, please forward the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Ju ith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Matt Gantt, PE APPLICATION FOR A MININ, tRMIT X ,,v, ('). E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksh�et is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Dep artm e n t to b e affe cte d dur ing th e life of th e m in ing p e rm it. P le ase inser t th e qppr ox im ate acre age, for each ect ofthe minft operation, that you intend to affect durinz the life ofthis miningpermit (in addition, please insert the aDpro&iate reclamation costlacre tor each cat�gory fi�om the Schedule of Reclamation Costs provided with this application form) O -R you can defer to the Department to ca� based ypon your mgps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ - /Ac. $ al, 11 T Stockpiles: Q4, Ac. X /Ac. $ 0 �6 $ 0 Wastepiles: Ac. X $ - /Ac. $ Processing Area/Haul Roads: Ac. X $ Al 00 0 /Ac. $ Mine Excavation: Ac. X $ R 5V 0 i" /Ac. $ Other: Ac. X $ /Ac. $ TOTAL AFFECTED AC.- tq,. Ac. (TOTAL PERMITTED AC.: 16' Ac.) Tem-porM & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offlite, sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage b) Positive Drainage Inflation Factor: ,� "o , ',--) 0.02 X SUBTOTAL COST: $ Ac. Ac. X $1,500.00 = $ SUBTOTAL COST - X Permit Life (1 to 10 years): / 15 - 1 , INFLATION COST: S 7,9 TOTAL COST = SUBTOTAL COST + INFLATION COST Total Reclamation Bond Cost: (rounfl down to the nearest $100.00) a9 � �10 6 'j, tA) Dv-bsr ? 00 00 6, -5 14 - 0 --1 o' 10 "K <-, o5 )J APPLICATION FOR A MINIM ERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe miningpermit. Please insert the qpproximate acreage, for eac gff2ect ofthe minink operation, that vou intend to affect during the life ofthis miningpermit (in addition, please insert the appropriate reclamation costlacre for each cate ry from the Schedule of Reclamation Costs provided with this gl2plication form) OR you can defer to the Department to calculate your bond for you base upon your mgps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: /4 Ac. X $ ITO VAJ /Ac. $4R 115" Stockpiles: Ac. X $ 0 0 0" _/Ac. 3 9 80 Wastepiles: Ac. X $ /Ac. Processing Area/Haul Roads: Ac. X $ ROOO (J"/Ac. 47 Oao Mine Excavation: 07. Ac. X $ o"T 6V 0 414) /Ac. C4 Other: Ac. X /Ac. TOTAL AFFECTED AC.: 010-3 Ac. (TOTAL PERMITTED AC.: 9 6' Ac.) Tempora!y & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/exIsting excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage b) Positive Drainage Inflation Factor: 40 Ac. Ac. X $1,500.00 $ ,r7 -2 SUBTOTAL COST:$----. '10 0.02 X SUBTOTAL COST: X Permit Life (I to 10 years): /b INFLATION COST: $ A 79FOO TOTAL COST = SUBTOTAL COST + INFLATION COST $ eb CL5-0 Total Reclamation Bond Cost: S 8� er6odi (rountl down to the nearest $100.00) a9l wo too, 0 V -b Ir r7. -14- 00 1166 ou 0z rA 60 3 66 LZ 01 VV Wehner, Judy From: Wehner, Judy Sent: Wednesday, January 14, 2015 2:42 PM To: D.J. Cecile (djcecile@radfordquarries.com) Subject: Bamboo Road Quarry Can you give me a narrative or description of the modifications we are doing to Bamboo Road? I know we area increasing the affected acreage to 20.4 but I want to make sure when I do the modification I don't miss any thing so we can cover all our bases. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9227 ' (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: Gantt, Matt Sent: Monday, January 12, 2015 1:51 PM To: Boyer, Janet; Wehner, Judy Cc: Vinson, Toby Subject: Review Comments for Bamboo Road Quarry Updated (95-03) Attachments: REVIEW COMMENTS FOR BAMBOO ROAD QUARRY UPDATED 01132015.docx Judy and Janet, Please find attached updated review comments for the Bamboo Road Quarry in Watauga County. Updated comments are highlighted in red. Thanks, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Voice: (336) 776-9654 FAX: (336) 776-9798 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 I 49 APPLICATION FOR A MININ'1- -....'ERMIT 49 E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksh�etis to be usedto establishan appropriate bond(basedupon arange of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affectedduring the life ofthe miningpermit. Please insert the qpWoximate acre r each as ect ofthe minitIg operation, that you intend to af fect during the life o is mining permit Cin. addition, please insert the aDorogriate reclamation costlacre for each category from the Schedule of Rgr1amatinn Costs provided with this application form OR you can defer to the Department to calculate vnyr hn"d for vou based upon -your mg2s and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ 15� 0 6, cs") /A c. = $ s 0 , yJ0 /Ac. = Stockpiles: Ac. X $ Wastepiles: Ac. X $ /Ac. $ Processing Area/Haul Roads: A c. X $ '0"./Ac. $ Mine Excavation: 1Q9 Ac, X $ -5'Q 0 "' ./A c. $ SV Other: Ac. X $ /Ac. $ TOTAL AFFECTED AC.-. Ac. (TOTAL PERMITTED AC.: Ac.) T�!,�orM & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite, sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage b) Positive Drain e Inflation Factor: 1,� 0.02 X SUBTOTAL COST: $ 01" -�; t I Ac. X $1,500.00 = $ SUBTOTAL COST- S X Permit Life (I to 10 years): lb INFLATION COST: 7 95" TOTAL COST = SUBTOTAIL COST + INFLATION COST $ d F.Total Reclamation Bond Cost. (roun'd down to the nearest $100.00) a, 9� qoWil ��) 0 V-bm:� - - 4vVz'� 14 - q5 APPLICATION FOR A MINIM ERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe miningpermit. Please insert the qpproximate acrea,,—,,e, for eac aspect ofthe mining operation, that Vou intend to a ffect during the life ofthis miniLzg permit (in addition, please insert the qppropriate reclamation costlacre for each category from the Schedule of Reclamation Costs provided with this application form) OR vou can defer to the DeDartment to calculate vour bond for vou based standard reclamation costs., Other: Ac. TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) AFFECTED CATEGORY ACREAGE Tailings/Sediment Ponds: 14 1/ Ac. Stockpiles: Q-1 Ac. Wastepiles: Ac. Processing Area/Haul Roads: Ac. Mine Excavation: Ac. Other: Ac. TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) TemporaKy & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/exi sting excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage_ Ac. X $1,500.00 31D, I SUBTOTAL COST: S 757 Inflation Factor: 0.02 X SUBTOTAL COST: $ r?3 X Permit Life (1 to 10 years): INFLATION COST: $ /yo 79S-00 e C8 it /� W TOTAL COST = SUBTOTAL COST + INFLATION COST = $ —5'0 Total Reclamation Bond Cost: $ 8 � 0 (rounil down to the nearest $100.00) a91 wl�' �j ov-bv r7. ? 11 +OA� -14- oo 1166 60'a 1 0 W 60)306 VV 4d6 4-qpP oj-,05- RECLAMATION RECLAMATION COST/ACRE* COST X /T0 6 Oj /Ac. $A I 15" X -/Ac. $098003 X /Ac. $ X ROOO "I/Ac. /7 17138th X 0 d' /Ac. X /Ac. $ TemporaKy & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/exi sting excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage_ Ac. X $1,500.00 31D, I SUBTOTAL COST: S 757 Inflation Factor: 0.02 X SUBTOTAL COST: $ r?3 X Permit Life (1 to 10 years): INFLATION COST: $ /yo 79S-00 e C8 it /� W TOTAL COST = SUBTOTAL COST + INFLATION COST = $ —5'0 Total Reclamation Bond Cost: $ 8 � 0 (rounil down to the nearest $100.00) a91 wl�' �j ov-bv r7. ? 11 +OA� -14- oo 1166 60'a 1 0 W 60)306 VV 4d6 4-qpP oj-,05- Wehner, Judy From: Wehner, Judy Sent: Wednesday, January 14, 2015 2:42 PM To: D.J. Cecile (djcecile@radfordquarries.com) Subject: Bamboo Road Quarry Can you give me a narrative or description of the modifications we are doing to Bamboo Road? I know we area increasing the affected acreage to 20.4 but I want to make sure when I do the modification I don't miss any thing so we can cover all our bases. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9227 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Wehner, Judy From: Gantt, Matt Sent: Monday, January 12, 2015 1:51 PM To: Boyer, Janet; Wehner, Judy Cc: Vinson, Toby Subject: Review Comments for Bamboo Road Quarry Updated (95-03) Attachments: REVIEW COMMENTS FOR BAMBOO ROAD QUARRY UPDATED 01132015.docx Judy and Janet, Please find attached updated review comments for the Bamboo Road Quarry in Watauga County. Updated comments are highlighted in red. Thanks, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Voice: (336) 776-9654 FAX: (336) 776-9798 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 REVIEW COMMENTS FOR BAMBOO ROAD QUARRY (95-03) WATAUGA COUNTY RENEWAL REQUEST RECEIVED ON JULY 8, 2014 UPDATED 1/13/2015 The scale of the renewal map must be submitted needs to be shown on a 1"=50' scale. The submitted map provides no proposed topographic detail for the expansion area referenced in the DENR inspection dated May 29, 2014. The LIDAR topography shown on sheet C 1.4 does not provide adequate topographic detail for the new disturbances on the south side of the minTeF,_(M- '(A �We COMMENT NOT SATISFIED. SCALE IS STILL SHOWN AS 1"=150'. ' %--- 'D y— - -voPb cO r— t, 3 2. Adequate topographic detail is needed for all existing and proposed sediment basins and settling ponds. Proposed spillways and locations of skimmer devices for each pond must be shown on sheets C1.2 -C1.4. -COMMENT NOT SATISFIED. TOPOGRAPHIC DETAIL PROVIDED ON SHEETS C1.6 AND C2 IS NOT ADEQUATE AND DOES NOT DEPICT THE CONSTRUCTION OF THE SEDIMENT BASIN. 3. Please provide an accurate depiction of the construction detail for sediment basin #1. Currently, one construction detail for a HDPE riser/barrel system is shown along with a separate construction detail for baffles within the basin. During the last field inspection, the basin had been partially co.ristructed using a concrete box. Please update and merge both construction details to show the complete construction detail for sediment basin #1 which would also include the concrete box that exists in the field. COMMENT NOT SATISFIED. A CONSTRUCTION DETAIL FOR A CONCRETE BOX RISER WAS ADDED TO SHEET D1. NO DESIGN-CAJQLAATIO�S_FORfHff SE]511`�ENT BASIN W_E_-R'E­__ S0MffT�b WITH -THIS REVISION. PROPOSED CONSTRUCTION ELEVATIONS ARE ALSO NEEDED. r I /J A construction detail for a rip -rap channel has been included on the plan. Please indicate where on the Mine Map these channels would be used. COMMENT SATISFIED. CONSTRUCTION DETAIL HAS RFFN RFmnvFr)- Adequate sediment control measures, including a construction entrance, must be shown in the area of the new mine entrance adjacent to the -rental house off of Bamboo Road. During the May 29, 2014, DEMLR inspection, thCfDC1_T culvert pipe under Bamboo Road had been damaged. No sediment control measures have been shown on the plan to address sediment control in this area. COMMENT PARTIALLY SATISFIED. CONSTRUCTION ENTRANCE HAS BEEN SHOWN OFF OF BAMBoo ROAD. HOWEVER, PROTECTION OF DAMAGED CULVERT PIPE UNDER BAMBOO ROAD HAS NOT BEEN ADDRESSED. — *Lr) ;, Y, References to the "existing haul road" need to be changed to "proposed haul road" or "new haul road". The haul road shown on the plan is to be permitted in the renewal request. Also, proposed stockpiles, sediment control measures and new disturbances must be identified on the mine map as "new". COMMENT NOT SATISFIED. REFERENCES TO HAUL ROAD LABELING HAVE NOT BEEN CHANGED. tS�r- ?364.qZ5SA-(" 7. Diversion.berms must be shown directing site runoff -to,both--Riser Basin #1 and Riser Basin #2. Provide details showing how the pip e mentio ned in#4 above flows under Bamboo Road and into Riser Basin #2. COMMENT NOT SATISFIED. DIVERSION BERMS ARE SHOWN DIRECTING RUNOFF UNDER BAMBOO ROAD THROUGH DAMAGED PIPE MENTIONED IN COMMENT #4. NO FLOW PATH HAS BEEN SHOWN TOWARD RISER BASIN #2. z A high wall barrier will be required for all areas above the open pit. The previous Mining Permit called for a physical barrier consisting of four -strand, four foot high barbed wire fence. Highly visible warning signs must be attached to the fence at 50 foot intervals. COMMENT SATISRED. �0. The newly excavated area, within the proposed stockpiles, shown on the south portion of the mine must be identified as a "processing area". COMMENT NOT SATISFIED. 11. The Mining Map approved for this facility dated July 7, 2004, requires a minimum buffer zone of 100 feet on the east and south sides of the mine. This renewal request should also include the same 100 foot buffer zone. Currently on the site, the southern buffer zone consists of small Cypress trees and wood mulch. The Mining Permit issued on July 7, 2004, specified the use of Longleaf or Virginia Pines, or other species approved by the Department. COMMENT NOT SATISFIED. THE 100' BUFFER IS SHOWN ON TOP OF HAUL ROADS AND STOCKPILES ON THE SOUTH SIDE OF THE MINE. THESE AREAS ARE CURRENTLY DISTURBED AND WILL NEED TO BE RECLAIMED WITH THE SPECIFIED BUFFER SHOWN ON THE MINF MAP 12. Per Land Resources internal memo entitled "Recurring Problem Areas Associated with Permit Actions" dated March 2, 1994, this regional office suggests that an earthen berm with a combination of tree plantings be implemented on the south side of the mine as a visual screen. Currently, small tree saplings and wood mulch have been used as a visual screen on the south side of the mine. This regional office has determined that the tree saplings and mulch currently in place are not an adequate visual screen or buffer zone. COMMENT NOT SATISFIED. REFER TO COMMENT #12 ABOVE. The NPDES permit included with this submittal was shown to have expired on November 30, 2004. Please provide a copy of the current NPDES permit. COMMENT NOT SATISFIED. THE GENERAL PERMIT No. NCG020000 IS SHOWN TO HAVE AN EXPIRATION DATE OF DECEMBER 31, 2014. ,,Tio_ ttJ fLNk!>JftI-- I - Plans need to be marked as "Final". COMMENT NOT SATISFIED. PLANS ARE STILL MARKED AS 11 PRELIMINARY". MINING CHECKLIST FOR ROUTING Ayykod's Name: ilk� Pro)�d NAW: to aw v tp DgtC Rcc&cd. AyylfC.IPCrMU No.: /(ljl� 0-i Rcvfcwer. Rfvcr B95M Now: Z4AA 0 Ncw ReWal mdocaum (fns& ycmit 6m") El md$mUm (mW&.permft Wdia"es) 0 Pgrtfgl R&" AddlUonal 10M&M El Tm�7 11 R&AN El Fee Neca. $ El Fee Rcortva- $ Pkaw mu entre ff kdfM LA!�hf to: V\ I f4,-RgWW Offla (2 CM7k Coyfa; 9taCk t6 -UZS "IW OfU Mildng A)yhCdIM RevW cke&hA- to m cr ad &ak bA tk DWQ* DAQ:MWM AphcgUm RevW Forr to the Au coyy; mad both c" to &e Repa DgU: Rsded 9 (*ad DtWslon 4 water Rmunts Dak: Radd Rerd NC WW Rewces CommUsim Datt: ROW Rtcd 11 US FLA & WW scrvfa Date: RmW Reel (0* new Thcgum "d mdocaffm rqwAs tu ga Wd to tkerw) PkW MU Ont 3 Pages of t6 orkatim ad ov kcAum ows to: El DMSfOn ftei5 & ReCmaffon DgU: RWW Rerd 11 NC Geok6kAl Survcy Sectim D9k: Raded Rerd 11 DWM �Mgft FfShMes Date: Raded Rccd El DMSIM � Sod & WgtCr Commatin (YhiS LEA) Datt ROW Rfrd (o* ww gpltuum ad maiftdim mquests " Ad W to tkeyawdt) 11 DKOM � ArCkves & H" (only ncw Thcaum) D9te: RrAd Recd Date: RWW Rerd **Suycw Dgtcfor comcnts- 3, ao IT (w Ida " 25 daysftm rea�o 11 ple" wte t6 fiummw -q NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section RECEIVED DEC 19 2014 LAND QUALITY MINING PROGRAM 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24, 2012 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS IApplication received by Land Quality Section/ State Mining Specialist I Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action I Applicant issues Public Notice - Land Quality Section Regional Office - Division of Air Quality - Division of Water Quality ................................... Review Public Comments; Public Hearing Possible .................................. if "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to * ) Application & proposed perntit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - Inactive Renewals - High Airblast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications END OF PROCESS if "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action complete/acceptable?? if "YES", the proposed permit action is issued by the Division Director IEND OF PROCESS I if "No", application & proposed , permit action returned to Assistant State Mining Specialist for revision (go to * ) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to * ) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to * ) APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Bamboo Quarry County Watauga River Basin New Latitude (decimal degrees to four places) 36.2170 Longitude (decimal degrees to four places) -81.6363 2. Name of Applicant* Radford Quarries of Boone, Inc 3. Permanent address for receipt of official mail** P.O. Box 2071 Boone, NC 28607 Telephone ( 828 ) 264-9828 Alternate No. ( 4. Mine Office Address 5605 Bamboo Rd. Boone, NC 28607 Mine Manager Danny Cecile Telephone ( 828 ) 264-7008 We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We f 11 derstand that any willful misrepresentation of facts will be cause for permit revocation. 7-7 --- 11�� / Z ***Signature 1 1 � Date Ll I L/ Print Nam��,O I ( ec .' I e - Title VP This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securiW that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Sijznature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a pen -nit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. APPLICATION FOR A MINING I�ERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: F] If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: FRI If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 95-03 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 75 7X If this is an application for a MODIFICATION to a mining pem-iit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: 95-03 Total permitted acreage: 75 Does the modification involve acreage within the previously approved permitted boundary? Yes FK] NoF-1. If yes, indicate the acr-eage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 20.3 Does the modification involve acreage outside the previously approved permitted boundary? Yes 0 No FX. If yes, indicate the additional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes [8] NoE] (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): 3.8 F-1 If this is an application for ' TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: 3. Mining method: HHydraulic Dredge Dragline & Truck Other (explain): Granite Front-end Loader & Truck Shovel& Truck Self -loading Scraper 4. a. Expected maximum depth of mine (feet) 120 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) mean sea level b. Expected average depth of mine (feet) 150 -2- APPLICATION FOR A MINING T 5. Has any area(s) at this site been mined in the past? Yes N No El If yes, when and by whom was this activity conducted? Radford 6. Number of years for which the permit is requested (10 years maximum): Ten B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5 -minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 -minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5"' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 httD://Dortal.ncdenr.org/web/Ir/Lyeolo-aical home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 h tp://www.ncdot.org/it/gis/ g 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j . Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m.' Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 -year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. -3- APPLICATION FOR A MINING ViLAMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres I inch= 100 feet 200+ Acres I inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING FEAMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds +/-1.41 Stockpiles +/-2.1 Wastepiles 0 Processing Areafflaul Roads +/-8.89 Mine Excavation +/-7.9 Other (Explain) 0 Total Disturbed Acreage +/-20.3 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING T C. PROTECTION OF NATURAL RESOURCES Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. All operations and development events will adhere to all Land Quality Section regulations and guidelines. 2. Existing haul roads will be maintained with the appropriate wet -suppression controls and earthen berms. 3. Previous mine excavated areas will remain vegetated and monitored for proper drainage and stability. 4. Existing stormwater basins will be maintained and/or modified to handle existing and planned erosion control. 5. All new haul roads will be constructed with earthen berms on each side and ditches. 6. Stone will be placed in ditches as indicated on plans. 7. New mining excavating will be sequenced in phases, 1-24, as shown on site plan. 8. Overburdened will be removed and transported to approved site or sold on-site. 9. Each phase consists of benches which will be constructed 50'wide in 100' intervals with 100' high walls. 10. All high walls will have earthen berms and a 20'wide horizontal safety bench at the top of rock and toe of overburder cut slope. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plansfor sediment and erosion controlfor mine excavation(s), waste piles, accesslinine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections/construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Skimmer basins/settling ponds are or will be in place prior to land disturbing activities. Water will be diverted to the ba: and ponds as appropriate when sediment is disturb. All undisturbed or previously disturbed areas will be re - vegetated (seeded) and monitored to ensure it remains stable. Mulch and native plants will be used when appropriate t help areas remain stable. Pines have been planted in areas to create both a screen and help to stabilize the soil to prevent runoff. All roads will have earthen berms constructed and left on both sides. Ditches will be constructed to dire runoff and lined with riprap to decrease runoff velocities. Roads stockpiles will be maintained with wet -suppression controls to limit dust and help air quality. Riprap and surge rock is maintained around the excavated area to prevent ar off site sedimentation. See the erosion control and details sheet for the erosion control plan and calculations. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes N NoE]. If yes, briefly describe all such processes including any chemicals to be used. The stone will be washed on-site. The waste water from the washed stone will use skimmer basin # 2, which will allow the optimum amount of time for settling and filtering of the water before discharging the clean water into the river. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes E] NoE:]. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). All discharges are shown on the site plan. Each discharge will be discharging treated water from either a set pond or a skimmer basin. All discharges have the proper outlet protection, which is shown on the Details Shi of the mining maps. M APPLICATION FOR A MINNING T c. Will any part of the proposed mine excavation(s) extend below the water table? Yes E] No [?q. If yes, do you intend to dewater the excavation(s)? Yes 0 NoFl. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. N/A. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. General Permit # NCG020000 Certificate of Coverage # NCG020129 See attached permit. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes [?q No 0. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Air Permit # 02135R10. See attached permit. b. How will dust from stockpiles, haul roads, etc., be controlled? Periodic wet suppression will be applied to any areas that are subject to dust and need maintenance. -7- APPLICATION FOR A MINING "--,-L2nUT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining pen -nit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). All buffers are shown on mining maps. A 50 foot undisturbed buffer is located around the perimeter of the permit boundary and from Bamboo Road. Due to the residential property located on the southeast side of the property there is a 100 foot buffer that runs along that boundary. A 25 foot unexcavated buffer is maintained around the mining excavation area. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 50 foot undisturbed stream buffer is placed alongside of the South Fork New River and Mutton Creek. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. A bench and terrace method will be used for preventing landslides or slope instability adjacent to the mine site. Sufficient buffers are in place for all adjoining properties or streams. All slopes will be maintained at a 2:1 slope allowed to naturally vegetate. Landscaping (mulch and plants), riprap, and surge rock will also be implemented when necessary. -8- APPLICATION FOR A MINING F --A'MIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. See Details sheets for drawings. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sectionsfor all cut slopes must be provided on the mine map(s). All slopes will be maintained at a 2:1 slope. Benching will be sloped as to direct runoff in the proper direction to be treated. See Detail sheets for drawings. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Benches wil be 50 feet wide and 100 feet in height. All high walls will have earthen berms and a 20'wide horizontal safety bench at the top of rock and toe of overburden cut slope. See Detail Sheets for drawings. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300feet of any proposed excavation. Strict drilling safety measures are used to prevent fly rock from escaping pit area. Travelers on Bamboo Rd. are stop and flagged approximately 1/4 mile from the mine site during blasting activities. Tree buffers and berms surround to mine excavation for containment and for a screen as well. No dwelling houses, public roads, public, commercial or industrial buildings are located within 300 feet of any proposed excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). Vegetated earthen berms will be maintained and constructed along any high wall area. High wall berms are located c the site plan. See Detail sheets for drawings. A four -strand, four foot high barbed wire fence surrounds the areas abc the high wall to prevent accessibility. Highly visible warnings signs are placed on the fence at 50 foot intervals. -9- APPLICATION FOR A MINING ZMIT 9. Are acid producing minerals or soils present? Yes F1 No N. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? N/A. 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) andprovide cross-sections through all proposed berms or proposed spacing, sizes and speciesfor tree plantings. A tree screen, with 2 foot to 4 foot white pines (instead of the longleaf/virginia pines indicated on the 2004 permit) spaced every 10 or 15 feet, has been implemented in certain areas to create screening buffers. See site plan for locations. Existing woods and trees have been left to screen the mine and processing/stockpiling areas. The sites elevation change provides a screen from public view, as well b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No. 11. Will explosives be used? Yes N NoF-1. If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. Blasting Contractor Risk Assessment is implemented. Calls are made by DJ Cecil to neighbors who have selecti that they would like to be warned before blasting occurs. The blasting company sounds a horn and stops traffic before blasting. A seismograph is on-site to monitor all earth movement during and after blasting. Types of explosives used are power primer -dynamite and anfo (fertilizer) amonia nitrate. Fly rock, excessive air blasts an ground vibrations are prevented by the drill pattern and the amount of explosive placed in the drill hole. Each sh is loaded at a depth more than 14 feet from the top of the hole. This procedure helps to eliminate any fly rock fro leaving the interior of the mine. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes NoFT Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Diesel fuel is located on the site, which is shown on site plan. The tanks are located in a containment area on a concrete slab with an approximate 3 foot concrete block perimeter wall around the tanks. _10- APPLICATION FOR A MINING D. RECLAMATION PLAN 1 . Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. 1. The overburden area around the quarry will be graded to a stable slope and seeded and planted with trees. 2. The processing areas will be graded level and stabilized. 3. All earthen berms will be left in place. 4. A permanent berm barrier with vegetation will be installed along the upper perimeter of the high wall areas. 5. The stockpile areas will be graded to level and either stabilized for commercial use or re -vegetated. The side - slopes of the stockpile area fills will be graded to a stable slope and either re -vegetated or rip rapped. 6. All areas will be graded to prevent the collection of standing water. 7. No contaminants will be dumped at the site. Scrap metal, trash or other such waste will be removed form the site and properly disposed. 8. All skimmer basins and settling ponds will be cleaned and restored if necessary. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes [] No [N. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes F1 NoF1. If yes, specify species. N/A. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Earthen berms will be left and constructed where necessary. Existing vegetation will be allowed to grow naturally. Areas may be enhanced by planting and seeding to reduce entrance to the mining area. A four -strand, four foot high barbed wire fence surrounds the areas above the high wall to prevent accessibility. Highly visible warnings signs are placed on the fence at 50 foot intervals. r - ) APPLICATION FOR A MINING PL,,,�_&UIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. Overburden will be removed from site. Overburden will either be sold on-site or transported to an existing Watauga Cou permitted site on Rainbow Trail. All slopes will be no more than 2:1 and stabilized with vegetation. Areas that are bench will be graded and stabilized so as to prevent slides and erosion. See attached permit. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Proper slopes will be constructed for stability and appropriate drainage. Areas will be scarified and seeded for vegetation. b. Will any on-site roadways be left as part of the reclamation? Yes FX NoF-1. Ifyes, identift such roadways on the reclamation map andprovide details onpermanent road and ditch line stabilization. See site plans and details. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without RK!2K written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. No waste will be disposed of on-site. All scrap metal will be recycled to local scrap dealers. Any contaminants will taken off-site to a proper site for disposal. -12- APPLICATION FOR A MINING PIL4 HT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for vear-round seedinjg, including the time of seeding and the amount and type of seed, fertilizer, lime and -mulch per acre. The recommendations must include general seedir�g instructions for both permanent and tern oratyrevegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can te sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2 FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 17 x 17 x 17, 200 (bs. per acre SEE, D - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding -Dates: Seeding Rates: See Plans MULCH - TYPE AND RATE OF APPLICATION (poundslacre) AND METHOD OF ANCHORING: Straw and wood fibers - Hardwood mulch - see plans OTHER VE GE TATIVE COVER§ — TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acie, spacing of trees/shrubs, etc): Revegetation a r eforelffti—on—pp-1—at -Ved by: Signature Date !t� n-�= PjintName 5'- 64,AJ, Title /Ro"64W Agency /34E,- -13- APPLICATION FOR A MINING E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each asivect of the mining oDeration. that vou intend to affect during the life ofthis mining Dermit (in addition. nlease insert the approp vrovided with this RECLAMATION COST Tgmporga & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures win be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $- TOTAL COST = SUBTOTAL COST + INFLATION COST $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) -14- AFFECTED RECLAMATION CATEGORY ACREAGE COST/ACRE* Tailings/Sediment Ponds: Ac. X $ -/Ac. Stockpiles: Ac. X $ -/Ac. Wastepiles: Ac. X $ /Ac. Processing Area/Haul Roads: Ac. X $ -/Ac. Mine Excavation: Ac. X $ -/Ac. Other: Ac. X $ /Ac. TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) RECLAMATION COST Tgmporga & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures win be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (1 to 10 years): INFLATION COST: $- TOTAL COST = SUBTOTAL COST + INFLATION COST $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) -14- APPLICATION FOR A MINING PLII�. --)�AIT (IJ F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor - of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. –ND- IE—S - THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that (Applicant Name) has applied on (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): El a new surface mining permit, Fla modification of an existing surface mining permit to add land to the permitted area; or El a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine on (Mineral, Ore) in acres located (Number) (Miles) -of off/near road (Direction) (Nearest Town) (Number/Name) County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-5 1, a public hearing will be held within 60 days of the end of the 30 -day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding sDecifics of the DrODosed minine activitv. Dlease contact the aDDlicant at the followin2 teleDhone num on at (919) 707-9220. within the Drovisi( until a final (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) -16- (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) contact APPLICATION FOR A MINING V 41T AFFUDAVIT OF NOTIFICATION 1, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b 1) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit 1, a Notary Public of the County of State of North Carolina, do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal, this day of 20 Notary: my Commission expires: -17- APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature: Print Name: DJ Cecile, VP (Title, if applicable) Company —Radford Quarries of Boone, Inc. (If applicable) Address: P.O. Box 2071 Boone, NC 28607 Telephone: (828) 264-9828 Date Signed: 't Print Name: DJ Cecile Title: Company: Radford Quarries Of Boone, Inc. Mine Name: —Bamboo QualTy Telephone: (828) 264-7008 Date Signed: *Signature must be the same as the individual who signed Page I of this application. One ori2inal and five (5) covies of the comvleted avvlication. six (6) CODies of all location maDS. mine maDS and reclamation maps, and the appropriate processing fe (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 707-9220. -18- APPLICATION FOR A MINING PE�,'--`T MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres 26+acres $3,750.00 $5,000.00 $750.00 $1,000.00 $750.00 $1,000.00 $100.00 $100.00 4 A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor perinit modification also includes lands added to apermitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by themodification within the permitted mine area, or any additional land that is to be disturbed and added to an e3dsting permitted area, or both. APPLICATION FOR A MINING PER7 ---7 There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office • Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey • Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 • Voice: 828.296.4500 • FAX: 828.299.7043 Fayetteville Regional Office 0 Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland • Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 • Voice: 910.433.3300 • FAX: 910.486.0707 Mooresville Regional Office • Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union • Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 • Voice: 704.663.1699 • FAX: 704.663.6040 Raleigh Regional Office • Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson • Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 • Voice: 919.791.4200 • FAX: 919.571.4718 Washington Regional Office Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne Address: 943 Washington Square Mall, Washington, NC 27889 Voice: 252.946.6481 FAX: 252.975.3716 -20- APkICATION FOR A MINING PEW —N -F LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office • Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender • Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 • Voice: 910.796.7215 • FAX: 910.350.2018 Winston-Salem Regional Office • Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, Surry, Watauga, Wilkes, Yadkin • Address: 585 Waughtown Street, Winston-Salem, NC 27107 • Voice: 336.771.5000 0 FAX: 336.771.4631 -21- A APPLICATION FOR A MINING PER�—�, SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.Piles W.Piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, Ml, 1500(FI) 2500(PD) Ll, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) TI, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (Fl) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAUD ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: FINAL GRADING COSTS PER ACRE LIME AND FERTILIZER COSTS PER ACRE YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) MULCH AND ANCHORING COSTS PER ACRE ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. -22- STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 TO DISCHARGE STORMWATER, MINE DEWATERING, AND PROCESS WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of stormwater, mine dewatering wastewater, and process wastewater to the surface waters of North Carolina or to a separate storm sewer system conveying discharges to surface waters, from active and inactive mining sites, in accordance with the terms and conditions set forth herein. Coverage under this General Permit is applicable to: * Stormwater point source discharges associated with mining and quarrying of non- metallic minerals (except fuels), mine excavation, processing, and vehicle maintenance; * Mine dewatering wastewater discharges; * Wastewater discharges from sand and/or gravel operations; * Operation of non -discharging closed-loop recycle systems (and infrequent overflows); * Process wastewater discharges from non -closed-loop recycle systems. The following activities and associated discharges are excluded from coverage under this permit: * Borrow Pits covered by the DOT statewide stormwater permit, * Peat Mining, * Coal Mining, + Metal Mining, + Oil and Gas Extraction Operations, and * Combined Mining/Asphalt Operations (where asphalt operation is not covered by a separate permit). The General Permit shall become effective on January 1, 2010. The General Permit shall expire at midnight on December 31, 2014. RECEIVE Signed this day December 29, 2009. DEC 19 2014 Or4ginal S4qned by Chuck Wakild LAND QUALITY for Coleen H. Sullins, Director MINING PROGRAM Division of Water Quality By the Authority of the Environmental Management Commission 1fCLD1ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 11, 2010 D Cecile Radford Quarries Of Boone Inc PO Box 2071 Boone, NC 28607 Dear Permittee: Dee Freeman Secretary Subject: NPDES Stormwater Permit Coverage Renewal Radford Quarries Of Boone Inc COC Number NCG020129 Watauga County In response to your renewal application for continued coverage under stormwater General Permit NCG020000 the Division of Water Quality (DWQ) is forwarding herewith the reissued stormwater General Permit. This permit is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the state of North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007 (or as subsequently amended). The following information Is included with your permit package: • A new Certificate of Coverage • A copy of stormwater General Permit NCG020000 • A copy of a Technical Bulletin for the General Permit • Two copies of the Tier 2 / Exceedence Discharge Monitoring Report (DMR) Form for Stormwate • One copy each of the Annual Summary DMR Forms for Stormwater nd Wastewate • Two copies of the Limit Violation DMR Form for Wastewate • Two copies of the Qualitative Monitoring Report Form The General Permit authorizes discharges of stormwater and wastewater, and it specifies your obligations with respect to discharge controls, management, monitoring, and record keeping. Please review the new permit to familiarize yourself with all the changes in the reissued permit. If your Certificate of Coverage (COC) restricts authorization to discharge stormwater only (or other limited terms) based on your original application, or subsequent modifications to your COC, you must continue to meet these requirements or contact the Stormwater Permitting Unit to request a modification of this renewal COC. The more significant changes in the General Permit since your last Certificate of Coverage include the following: Part 11: Section B — Language referencing PAMS has been changed. Flocculants may now be used if evaluated by the Division and administered In accordance with maximum application doses and other requirements. Part III: • Section A — The permit now requires a Stormwater Pollution and Prevention Plan (SPPP) tailored to the mining industry, In lieu of a Stormwater BMP Plan. • Section A - Inactive mines may be inspected on a reduced schedule: at least once per month and after 0.5" (or more) of rain. To qualify, inactive mines must possess an "Inactive Renewal" from DLR or certify to DWQ the . site has been stabilized. The permittee must notify the DWQ Regional Office of inactive status. 'Discharges from inactive mines must still be monitored on the same schedule,as active mines. wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St Raleigh. North Carolina 27604 Phone: 919-807-6300 1 FAX: 919-807-6494 1 Customer Service: 11 -877-623-6748 %Karohn—a Internet www.ncwaterquarity.org 4 W=1111 An Equal Opportunity k Affirmative Action Employer Permit Reissuance — Permit Number NCGO20129 February 11, 2010 Page 2 • Section B — Revised provisions require that stormwater discharges be sampled twice per year (instead of annually), and that the sampling results be compared to new benchmark values. (The previous cut-off concentrations have been removed.) • Section B — Revised provisions require the permittee to execute Tier One, Tier Two & Tier Three response actions, based on the first benchmark exceedence (Tier One) and the second consecutive benchmark exceedence (Tier Two). Tier Two requires that the permiftee institute monthly monitoring (reported to the appropriate Regional Offices) instead of twice -per -year monitoring. Monthly monitoring shall be done until three consecutive monitoring events show no benchmark exceedences. • Section B — This part contains a new provision that four exceedences of any benchmark will trigger Increased DWQ involvement in the permittee's stormwater management and control dctions. DWQ may direct the permittee to apply for an Individual permit, institute specific monitoring, or may direct the Implementation or installation of specific stormwater control measures. • Section B — The definition of "Representative Storm Event' (RSE) now allows 48 hours (instead of 72 hours) of little or no precipitation to precede an RSE. • Section B — Stormwater discharges from a basin designed to contain the 1 0 -year storm must now be monitored. • Sections B & C — Failure to monitor according to permit terms triggers monthly monitoring for the remainder of the permit. • Section C — Analytical monitoring for Total Petroleum Hydrocarbons (TPH) has replaced the Oil & Grease parameter in the previous permit. • Section D —Qualitative monitoring must now be conducted during the same repre§entative storm event as the analytical monitoring. • Section D — The permittee is required to keep a written record of his response to problems identified by his qualitative monitoring observations. • Section D — If the permittee falls to respond effectively to problems identified by qualitative monitoring, the permittee may be required by DWQ to perform corrective action. • Section D — Qualitative ROS: Representative Outfall Status may be granted for qualitative monitoring for some Stormwater Discharge Outfalls (SDOs). • Section D — If mines do not respond to problems seen in visual monitoring, DWQ may now require that mines change the monitoring frequency, apply for an individual permit, implement in -stream monitoring, install or modify structural stormwater controls, or implement other controls. • Sections B, C, & D — Inability to sample due to adverse weather must be reported in the SPPP and recorded in the Annual Summary DMR. • Section E — A lower TSS Wastewater limit for PNA waters Is included in the permit. • Section E — All mining operations are now required to monitor TSS in wastewater effluent discharges (not only industrial sand mines). However, TSS limits only apply to industrial sand mining operations. Section E —Turbidity limits on effluent discharges have been removed; however, turbidity standards still apply in the receiving waters. Section E — Approval of a Pumping O&M Plan may be required prior to coverage (for sites with dewatering activities that have the potential to drain wetlands or other surface waters). Section E — ATC Requirements have been changed for clarity. These requirements are now outlined for Mine Dewatering Wastewater, Process Wastewater, Overflow From Non -Closed -Loop Process Recycle Wastewater Systems, and Overflow From A Closed -Loop Process Recycle (CLPR). Section E — Monitoring for Fecal coliforms In discharges to SA waters has been clarified. Fecal coliform monitoring Is now required for all grocess and mine dewatering wastewater discharges to SA waters. Part IV: • Section E — Items 1. and 2. require submittal of a new reporting form: the Annual Summary DMR. This annual summary of the analytica monitoring results should be submitted to the DWO Central Office by March 1 of each year. I- • Section E — Exceedences and violations must be sent to the appropriate DWQ Regional Office within 30 days of receipt from the lab. • Section E — Results of "No Flow" or "No Discharge" must be recorded within 30 days from the sampling pedodintheSPPP. "No flow" or"No Discharge" must also be reported on the Annual Summary DMR form. Permit Reissuance — Permit Number NCGO20129 February 11, 2010 Page 3 Your coverage under the General Permit is transferable only through the specific action of DWQ. This permit does not affect the legal requirements to obtain other permits which may be required by DENR, nor does it relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. If you have any questions regarding this permit package please contact these members of the Stormwafer Permitting Unit: Jennifer Jones at (919) 807-6379 or Bethany Georgoulias at (919) 807-6372. Sincerely, fir Coleen H. Sullins cc: DWQ Central Files Stormwater Permitting Unit Files Winston-Salem Regional Office �-j STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020129 STORMWATER, MINE DEWATERING WATER AND/OR PROCESS WASTEWATER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Radford Quarries Of Boone Inc is hereby authorized to operate approved wastewater treatment system(s) and discharge stormwater and/or wastewater, as approved in the original permit/application or subsequent permit modification, from a facility located at: Radford Quarries Of Boone Inc 5605 Bamboo Rd Boone Watauga County to receiving waters designated as South Fork New River, a class C:+ waterbody in the New River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, and VI of General Permit No. NOG020000 as attached. This certificate of coverage shall become effective February 11, 2010. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this 11 th day of February, 2010. n�— for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ED Agent 11 Addresse C. Date of Deliver D. Is delivery drp different fi&n item 1 ? 0 Yes 4 — If YES, i I ery add below: 0 No 110i,4 - DR D J CECILE RADFORD QUARRIES OF BOONE!NC POBOX 2071 3. jrvice Type BOONE NC 28607 Certified MaV EJ Priority Mail Express" Registered ;1 Return Receipt for Merchandis, 0 Insured Mail 10 Collect on Delivery 4. Restricted Delivery? (Extra Fee) El Yes 2. Article Number (rransfer from service label) 7013 2630 0001 8990 0643 00 C— qA1 1 1-1- Onl Q 4:7 -r- I- — --;- 0-- D---;-. r, - A— GR EEt iS UNITED STATES &S� �'�ERVICE '� Jd' 01 1 -i L, First -Class Mail Postage & Fees Paid USPS Permit No. G-10 0 Sender: Please print your name, address, and ZIP+413 in this boxe NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES DIVISION OF ENERGY, MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 1740-7401 0 Cj L�) Ma 2Kra NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 6, 2014 Certified Mail Return Receipt Requested 7013 2630 0001 8990 0643 Dr. D J Cecile Radford Quarries of Boone, Inc. PO Box 2071 Boone, North Carolina 28607 RE: Bamboo Road Quarry -Permit No. 95-03 Watauga County New River Basin Dear Dr. Cecile: John E. Skvarla, III Secretary We have reviewed the modification and renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: Please provide an originally signed page I and Land Entry Agreement. I am enclosing the forms for your use. 2. Provide a detailed description of the modifications that your company is requesting. Include the increase in affected acreage from 16.5 acres to 20.3 acres, new access road, stockpiles, etc. Indicate the additional disturbed areas on the mine map. 3. Provide a detailed description of screening methods used to properly screen the operation from public view, especially the processing/stockpile areas. 4. Provide proof your company has a valid NPIDES Permit issued by the Stormwater Program. 5. Please respond to the following comments submitted by the Winston Salem Regional Office: Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr.om/web/Ir/ An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Certified Mail Dr. Cecile Page Two A. Please provide an accurate depiction of the construction detail for sediment basin #1. Currently, one construction detail for a HDPE riser/barrel system is shown along with a separate construction detail for baffles within the basin. During the last field inspection, the basin had been partially constructed using a concrete box. Please update and merge both construction details to show the complete construction detail for sediment basin #1 which would also include the concrete box that exists in the field. B. A construction detail for a rip -rap channel has been included on the plane. Please indicate where on the Mine Map these channels would be used. C. Adequate sediment control measures, including a construction entrance, must be shown in the area of the new mine entrance adjacent to the rental house off of Bamboo Road. During the May 29, 2014, DEMLR inspection, the DOT culvert pipe under Bamboo Road had been damaged. No sediment control measures have been shown on the plan to address sediment control in this area. D. Diversion berms must be shown directing site runoff to both Riser Basin #1 and Riser Basin #2. E. Provide details showing how the pipe mentioned in # 4 above flows under Bamboo Road and into Riser Basin #2. F. A high wall barrier will be required for all areas above the open pit. The previous Mining Permit called for a physical barrier consisting of four - strand, four foot high barbed wire fence. Highly visible warning signs must be attached to the fence at 50 foot intervals. I Certified Mail Dr. Cecile Page Three G. The Mining Map approved for this facility dated July 7, 2004, requires a minimum buffer zone of 100 feet on the east and south'sides of the mine. This renewal request should also include the same 100 foot buffer zone. Currently on the site, the southern buffer zone consists of small Cypress trees and wood mulch. The Mining Permit issued on July 7, 2004, specified the use of Longleaf or Virginia Pines, or other species approved by the Department. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Energy, Mineral and Land Resources Department of Environment and Natural. Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180 -day period. - Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Certified Mail Dr. Cecile Page Four Please contact me at (919) 707-9220 if you have any questions. cerely, J ith A. Wehne r s ssist St I sistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Matt Gantt PE Mr. Bradley Bennett Wehner, Judy From: Gantt, Matt Sent: Monday, July,2,8,2014 9:08 AM To: Wehner, Judy; Boyer, Janet Cc: Vinson, Toby; Latham, Tim Subject: Bamboo Road Quarry Comments (95-03) Attachments: REVIEW COMMENTS FOR BAMBOO ROAD QUARRY.docx Janet and Judy, Here are my comments on the Bamboo Road Quarry renewal. Thanks, Matt Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 0z) 1 REVIEW COMMENTS FOR BAMBOO ROAD QUARRY (95-03) WATAUGA COUNTY RENEWAL REQUEST RECEIVED ON JULY 8, 2014 1. The scale of the renewal map must be submitted needs to be shown on a 1"=50' scale. The submitted map provides no proposed topographic detail for the expansion area referenced in the DENR inspection dated May 29, 2014. The LIDAR topography shown on sheet C 1.4 does not provide adequate topographic detail for the new disturbances on the south side of the mine. 2. Adequate topographic detail is needed for all existing and proposed sediment basins and settling ponds. Proposed spillways and locations of skimmer devices for each pond must be shown on sheets C1.2 -C1.4. Please provide an accurate depiction of the construction detail for sediment basin #1. Currently, one construction detail for a HDPE riser/barrel system is shown along with a separate construction detail for baffles within the basin. During the last field inspection, the basin had been partially constructed using a concrete box. Please update and merge both construction details to show the complete construction detail for sediment basin #1 which would also include the concrete box that exists in the field. A construction detail for a rip -rap channel has been included on the plane. Please indicate where on the Mine Map these channels would be used. Adequate sediment control measures, including a construction entrance, must be shown in the area of the new mine entrance adjacent to the rental house off of Bamboo Road. During the May 29, 2014, DEIVILR inspection, the DOT culvert pipe under Bamboo Road had been damaged. No sediment control measures have been shown on the plan to address sediment control in this area. 6. References to the "existing haul road" need to be changed to "proposed haul road" or "new haul road". The haul road shown on the plan is to be permitted in the renewal request. Also, proposed stockpiles, sediment control measures and new disturbances must be identified on the mine map as "new". Diversion berms must be shown directing site runoff to both Riser Basin #1 and Riser Basin #2. rovide details showing how the pipe mentioned in # 4 above flows under Bamboo Road and into Riser Basin #2. r 9. A high wall barrier will be required for all areas above the open pit. The previous Mining Permit called for a physical barrier consisting of four -strand, four foot high barbed wire fence. Highly visible warning signs must be attached to the fence at 50 foot intervals. 10. The newly excavated area, within the proposed stockpiles, shown on -the south portion of the Qm . ne must be identified as a "processing area". The Mining Map approved for this facility dated July 7, 2004, requires a minimum buffer zone of 100 feet on the east and south sides of the mine. This renewal requ6�fshoulcl also include the same 100 foot buffer zone. Currently on the site, the southern buffer zone consists of small Cypress trees and wood mulch. The Mining Permit issued on July 7, 2004, specified the use of Longleaf or Virginia Pines, or other species approved by the Department. 12. Per Land Resources internal memo entitled "Recurring Problem Areas Associated with Permit Actions" dated March 2, 1994, this regional office suggests that an earthen berm with a combination of tree plantings be implemented on the south side of the mine as a visual screen. Currently, small tree saplings and wood mulch have been used as a visual screen on the south side of the mine. This regional office has determined that the tree saplings and mulch currently in place are not an adequate visual screen or buffer zone. 13. The NPIDES permit included with this submittal was shown to have expired on November 30, 2004. Please provide a copy of the current NPDES permit. 14. Plans need to be marked as "Final". Amp -A AS:= NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 14, 2014 luv�u 61WRWRIGNI John E. Skvarla, III Secretary TO: Judy Wehner Land Quality Section 14/VO FROM: John Ba ' ��ater Management Section Ground Division of Water Resources "oAt SUBJECT: Comments on the Mining Permit Renewal/Modification Request for: Radford Quarries of Boone Bamboo Quarry Watauga County Please find attached a copy of the mining permit renewal/modification request for the above referenced project. The Bamboo Quarry located in Watauga County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 for the previous year. If you have further questions please contact the Division of Water Resources at (919) 707-9000 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. John Barr Environmental Senior Technician Ground Water Management Branch Division of Water Resources, NCDENR 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-707-9000 \ Internet: www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper F-KWA A7LPA RUM North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor July 3, 2014 Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris (42�� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Renewal / Modification for Radford Quarries of Boone Bamboo Quarry Watauga County U Mine Dewatering Proposed No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal / modification transfer request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by July 28, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh 4 Attachments cc- Mr. Matt Gantt JUL 7 20;.'+ Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality SectionoM OF VATER WX" 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.n�denr.orq/web/Ir/ An Equal opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper MINING CHECKLIST FOR ROUTING Ayyk0d'SNOW. RPA -VA OuOvylea Pro)xt Name: Ayyhc.lFcmtt No.: -7- 0 CMq-. DakRecctvti-_ RakWCr. Rfver Bask NgW: 0 New El RCWAI El mdomUm (holdeyemd 6n&rW) El moqimM (xdsf& yendt 6mdefes) El Trax�r El Rek" 0 POU Rekaw 0 AAffongI l#Vmgtfm 0 Fee Nedek $ 0 Fee Reatnk $ Pkaw rouk exUre ff kdfm Lack -m to: o RVORd Opa (2 WWTL* oyfa, gtt"k tke Igs "PW OPU Mf" AyyhUftM Re&w ckedlW to one myy and gttack bA the DWCZ md DAQ:MWy A C Fe to the otku myy; znd W c a to ph dim Revfm mr oyl the Roong] Dak: ROW_4LL�1c Red 7/!/ El DM90 � Wg& Rmurces Dgk: ROW Rwd El Nc wW Reswras commLwm Date: RWW Red 0 us Fisk & woft &-rvw Date: ROW Red (o* new ThmUm ad mdoutim repests &d gdd W to tkeymidt) pkm mKk first 3 Pages of the ork4tim ad av kcAum mm to. 0 DWM �PgrkS & ReCregffM Dgk: RWW RCC'd El Kc Gwk6kal sitrT secum D&-. ROW Rcrd El DKft �Mglln FtSkcrfes Dgk: ROW RWd El DWOR � Sod & Water CMmaUo (ybU LW Datt RMW RWd (ody new a)Tkmbm ad mod#kgum reptsts tkd add lad to the yenidt) El DMSIN � ArCktVeS & " Dgk: ROW Rcrd (Oldy aw Thcaum) El otha- Dgk: RWW iurd **SUfCWD9teforCONNefttS- 6�-f .:(,a F- (w Ider than 25 dgpftm mcqt) Fkam mte tke fiffo": P�ee Wehner, Judy From: Gantt, Matt Sent: Monday, July 14, 2014 8:54 AM To: Wehner, Judy; Boyer, Janet Cc: Sink, Scott; Latham, Tim Subject: FW: Bamboo Road Quarry Attachments: 95-03 DWR REVIEW SHEET 2013 -DWR 401.doc Matthew E. Gantt, P.E. NC DENR Winston-Salem Regional Office Division of Energy, Mineral, and Land Resources 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-5000 FAX: (336) 771-4631 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Taylor -Smith, Aana Sent: Monday, July 14, 2014 8:29 AM To: Gantt, Matt Subject: Bamboo Road Quarry See attached for Word document of review sheet. Thanks! Aana Taylor -Smith Land Quality Section Division of Energy, Mineral, and Land Resources NC DENR Winston-Salem Regional Office Phone: (336) 771-5034 Fax (336) 771-4631 E-mail correspondence to andfrom this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. I Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PEF-­IT APPLICATION RE) W FORM forthe DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name: Bamboo Road Quarry DEMLR Permit# 95-03 Applicant's Email: djcecile@bambooquarries.com PERMIT ACTION TYPE: YES NO Have land disturbing activities started? Date? Latitude: 36.2170 Longitude: -81.6863 Please return comments to (at DEMLR CO): Judy Wehner Comments due by: 7/28/14 SECTION BELOW TO BE FILLED OUT BY DWR: County: Watauga Date Commencing 1993 Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments� Watershed/Stream Name & Classification: South Fork New River� Class C+ Waters in New River Basin DWR Compliance Status of Mine-, Compliant Does this mine (or previous owner) have D\A/R back fees to pay? No If yes, amount: Is this mine an active permit in BIMS? Yes — Certificate of Coverage # NCG020129 YES NO 401 Wetland Cert. required? 401 Wetland Cert. existing? Permit # Does DWR RO have enough information to determine if a 401 certification is required? (unsure if floodplain area contains any wetlands Is an 0 & M Plan needed? YES NO Are wetlands disturbed at this site? Does DWR RO suspect or know of nearby (unsure of wetlands in any wetlands to the site? floodplain areas (JD Is a wetland delineation required prior to (Consultant consultant DWR issuing the permit? should verify floodplain areas_ for tDossible wetlands Rp%/ qpntpmhpr 7ni n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee Reviewed by: DWR RO Surface Water RO Aquifer Protection Section Regional Office: Date: Regional Office: Date: DEMLR RO Land Quality Section: ACT Regional Office: WSRO Date: 7/14/14 Rpv qPnt.-mhPr gnin (Onsite? (Offsite? Stream Determination Needed? Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? Recycle system permit existing? (Permit # New Recycle System permit required?* Enough information to determine? Non -discharge permit existing? (Permit # F ­(Unknown. Will wastewaters discharge to HQW waters (7Q10 Permittee with a M10=0? Flow: must determine. ( Has Violation ( O&M Requirements ( HQW/7Q10 Concerns Does DWR require DEMLR to hold the ( Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit because DWR requires more information)? ( Other. Please describe the reason to hold the permit: RO contact: ( Hold Until: Mine must wait to clewater until an O&M plan is approved? Reviewed by: DWR RO Surface Water RO Aquifer Protection Section Regional Office: Date: Regional Office: Date: DEMLR RO Land Quality Section: ACT Regional Office: WSRO Date: 7/14/14 Rpv qPnt.-mhPr gnin 10 (,D Wehner, Judy From: Homewood, Sue Sent: Friday, July 11, 2014 5:43 PM To: Gantt, Matt; Taylor -Smith, Aana Cc: Sink, Scott; Latham, Tim; Wehner, Judy Subject: RE: 95-03 DWR REVIEW SHEET 2013 Attachments: 95-03 DWR REVIEW SHEET 2013 -DWR 401.doc 401 portions of this form are filled out. I'm forwarding this to Aana for stormwater portions of the form. Sue Homewood NC DENR Winston-Salem Regional Office Division of Water Resources — Water Quality Programs 585 Waughtown Street Winston-Salem, NC 27107 Voice: (336) 771-4964 FAX: (336) 771-4630 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wehner, Judy Sent: Thursday, July 03, 2014 10:39 AM To: Homewood, Sue Cc: Gantt, Matt; Sink, Scott; Latham, Tim Subject: 95-03 DWR REVIEW SHEET 2013 Here's the review sheet for the bamboo Road Quarry renewal & modification. Print this form to PDF Return Pr)F of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PERiviff APPLICATION RE) W FORM for the DIVISION OF WATER RESOURCES THIS SECTION TU BE FILLED UUT BY VEIVILK: I Project Name: Bamboo Road Quarry DEMLR Permit# 95-03 County: Watauga Applicant's Email: djcecile@bambooquarries.com PERMIT ACTION TYPE: YES NO Date Commencing Have land disturbing activities started? Date? Latitude: 36.2170 Longitude: -81.6863 Please return comments to (at DEMLR CO): Judy Whner Comments due by: 7/28/14 1993 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? 401 Wetland Cert. existing? Permit # Does DWR RO have enough information to determine if a 401 certification is required? (unsure if floodplain area contains any wetlands Is an 0 & M Plan needed? YES NO Are wetlands disturbed at this site? Does DWR RO suspect or know of nearby (unsure of wetlands in any wetlands to the site? floodplain areas (JD Is a wetland delineation required prior to (Consultant consultant DWR issuing the permit? should verify floodplain areas_ for r)ossible wetlands Ps -v q,-nt,-mhpr gni n Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee Reviewed by: DWR RO Surface Water-._ Regional Office: Date: RO Aquifer Protection Section- _ Regional Office: Date: RPv.c,PntPmhPr 9010 (Onsite? (Offsite? Stream Determination Needed? Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? Recycle system permit existing? (Permit # New Recycle System permit required?* Enough information to determine? Non -discharge permit existing? (Permit # (Unknown. Will wastewaters discharge to HQW waters (7Q10 Permittee with a 7Q10=0? Flow: must determine. Has Violation O&M Requirements HQW/7Q10 Concerns Does DWR require DEMLR to hold the Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit because DWR requires more information)? ( Other. Please describe the reason to hold the permit� RO contact: ( Hold Until: Mine must wait to dewater until an O&M plan is approved? Reviewed by: DWR RO Surface Water-._ Regional Office: Date: RO Aquifer Protection Section- _ Regional Office: Date: RPv.c,PntPmhPr 9010 MINING CHECKLIST FOR ROUTING Ayykod'S 0(1 61. &M Project Nmr: Z4,qV' V I "C�r ApIfC.IPCMUNO.: q5-03 CXW�'. U),Jk"�,v Dgte RCatV&- 0 ReVIOCr. CUAJ_� &ON Nim: ,I I New yRemi� xm4cgtfm watyerma wacks) El Moociatim (mWkpenwft 6m") 0 Tr"�T W 11 Rek" 0 PV`tW Rtk" El Adftomal iormation YFee Nadek $_It 11 Fee Mfti Pkae foutc emitire ffkdfon tackme to: D ,gfond office (2 com7W co 'Fia; &ah tke scls "PW cfa mwy Vhmum ReVkW ckedlu- to one coyy ad amak both k��and DAQ-!MWy AyyhMffM RMM FOW to tke otha Cqy; mmd both c" to &e ROL-mgl Dgk: RmW d DWR of Wgter Resources Dfik: RNW Reed NC Wddhfe Resources Commhgm Dgte: Routed Reed 11 us Fisk & wildUft sema Date: Routed Reed (only ww agkqum and modowtion requsts tW gdd W to t6ycrmff) PkW Mde Ant 3 YgAes of the apk4tim ad av location nos to: 0 DWN �PA & Recregtfox Date: RNW ReC'd 11 NC GeokqfcAl Survey Section Date: RaW RCCd El DWOR �Mgft Fiskerfes Dgk: ROW RCC'd 11 DMOR � Sod & Wder CoXservgtion (yhU LEA) DAC: RORW Recld (only ww apkem and mAftcdiom mquc�s tk a W to tkeyawdt) El DWON �Arckves & HW7 Dak: RMW Reed (Ox� new aphcaffm) El otlw: Dole: RWW Rerd OSUYCW Ddefor COMCII&- %A 6? 6 1 (W Lg& " 25 dTfin recqt) I 0 r6m wte OtefiRmig: 9/1 m North Carolina Department of Environment and Natural Resources Pat McCrory Governor MEMORANDUM July 3, 2014 TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris PIQ�� Mining Program Secretary Land Quality Section John E. Skvarla, III Secretary SUBJECT: Mining Permit Renewal / Modification for Radford Quarries of Boone Bamboo Quarry Watauga County El Mine Dewatering Proposed X No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal / modification transfer request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by July 28, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Matt Gantt Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr.o�g/web/Ir/ An Equal Oppoaunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 3, 2014 MEMORANDUM TO: Ms. Shari Bryant Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris &Z�Ilk Mining Program Secretary Land Quality Section John E. Skvarla, III Secretary SUBJECT: Mining Permit Renewal / Modification for Radford Quarries of Boone Bamboo Quarry Watauga County Please find attached for your review a copy of the mining permit renewal / modification transfer request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 28, 2014 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW , COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms., Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Matt Gantt Division of Energy, Mineral, and Land Resources Energy Section - Geological Survey Section - Land Quality Section 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 - Internet: http://portal.ncdenr.or-q/web/Ir/ An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper --BLUE RIDGE ENVIRONMENTAL- CONSULTANTS, PA PH 336-844-4088 1305 S -COLLEGIATE DRIVE -WILKESBbRO, NC 28697 66-1284-531, DATE PAY TO THE ORDER OF- 0 j DO LLARS 1422 US Hwy 421 -A PO Box 892 -Ph. 336-903-4948, Wilkesboro, NC 28697 IMP -II0 III' .'0S-1�128L,8uo10002S1i?II` 0 2 North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 3, 2014 MEMORANDUM RE: Mining Permit Renewal / Modification for Radford Quarries of Boone Bamboo Quarry Watauga County Dear Mr. Danny Cecile: John E. Skvarla, III Secretary We are in receipt of your mining permit renewal / modification for Radford Quarries of Boone We regret that we cannot complete processing the above materials until we have received the necessary fee as set forth in the fee schedule adopted by the 2007 General Assembly in G.S. 74- 54.1.(a). We will continue processing the paperwork but cannot complete the application process until this office has received the appropriate fee Please remit by check or money order $ 250.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Judy Wehner Assistant Mining Specialist Land Quality Section Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days, or your materials will be returned unprocessed. If you have any additional questions, please contact our office at (919) 707-9220. Thank you for your cooperation. Sincerely, �Brenda �MHarris Land Quality Section /bmh cc: Mr. Matt Gantt Division of Energy, Mineral, and Land Resources Energy Section - Geological Surv6y Section - Land Quality Section 1612 Mail Service Center, Raleigh, Noah Carolina 27699-1612 - 919-707-9200 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh, Noah Carolina 27604 - Internet: http://portal ncdenr.org/web/I An Equal Opportunity \Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper November 17, 2011 Q'4a" a Blue Ridge Environmental Consultants, P.A. 1305 South Collegiate Avenue Wilkesboro, North Carolina 28697 828,265.4425 1 http://brec.biz Engineering J Planning / Environmental Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: Permit #95-03 Renewal And Modification Request Land Quality Section Office, 467 Calloway Gap Road West Jefferson, NC 28694 828.265,4425 1 http://brec.biz Planning lEnvironmental Radford Quarries of Boone, Inc. is requesting a renewal and modification of their existing mining permit, Permit #95-03, for Bamboo Quarry. They are requesting for a 10 year renewal. The previous permit permitted 75 acres, which will remain the same, but modifications will be made to amount of land allowed to disturb on the permit. The current amount of land allowed to disturb is 16.5 acres. We would like to increase that to 20.3 acres. A table is located on the site plan that shows how the affected areas are divided up by categories, The locations of the areas are shown on the site plan, as well. All operations and development of the quarry will adhere to all Land Quality Section regulations and guidelines. Erosion and sediment control measures will be in place to compensate for the increase in land disturbance. An erosion control plan is enclosed detailing the measures that will be implemented. Radford Quarries of Boones, Inc. has a permit for Stormwater and Process Wastewater Discharges (Permit #NCG020000) and Air Quality (Permit #021351110). All necessary actions will be taken to minimize or eliminate effects on the surrounding habitats and wildlife. All the appropriate measures will be taken to ensure that no hazards will occur to any of the surrounding properties or structures. Radford Quarries of Boone, Inc. has and will continue to operate all aspects of Bamboo Quarry in compliance with all provisions stated in Article G.S. 74-51. Enclosed are 6 sets of copies of all that is requested per the mining permit application and the appropriate checks td' begin the permit renewal and modification process. Thanks, Jeff Sanders, IE, Project Engineer Engineering I Planning I Environmental Wehner, Judy From: Wehner, Judy Sent: Thursday, July 03, 2014 10:39 AM To: Homewood, Sue Cc: Gantt, Matt; Sink, Scott; Latham, Tim Subject: 95-03 DWR REVIEW SHEET 2013 Attachments: 95-03 DWR REVIEW SHEET 2013.doc Here's the review sheet for the bamboo Road Quarry renewal & modification. Print this form to PDF Return PDF of this form to DEMLR CO by email. cc DEMLR RO, DWR SPU. Send a copy to the permittee. MINING PER APPLICATION REV,, -JV FORM for the DIVISION OF WATER RESOURCES I Hib bt=L; I 1UN I U t3h HLLhU UU I bY UhMLK: I Project Name: Bamboo Road Quarry DEMLR Permit# 95-03 County: Watauga Applicant's Email: djcecile@bambooquarries.com PERMIT ACTION TYPE: YES NO Date Commencing Have land disturbing activities started? Date? 1993 Latitude: 36.2170 Longitude: -81.6863 Please return comments to (at DEMLR CO): Judy Whner Comments due by: 7/28/14 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality? Comments: Waters h ed/Strea m Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cert. required? 401 Wetland Cert. existing? Permit # Does DWR RO have enough information to determine if a 401 certification is required? Is an 0 & M Plan needed? YES NO Are wetlands disturbed at this site? Does DWR RO suspect or know of nearby F wetlands to the site? (JD Is a wetland delineation required prior to DWR issuing the permit? (Consultant (Onsite? P,=xt.qPntPmht=r gnin Print this form to PDF Return PDF of this form to DEMLR CO by email, cc DEMLR RO, DWR SPU. Send a copy to the permittee. Adk Reviewed by: DWR RO Surface Water: RO Aquifer Protection Section Pp\/ ��Pntpmhi�r gnin Regional Office Regional Office Date: Date: (Offsite? Stream Determination Needed? Stream Determination Completed? Does DWR RO need a statement that no wetlands/streams are disturbed for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? Recycle system permit existing? (Permit # New Recycle System permit required?* Enough information to determine? Non -discharge permit existing? (Permit # F (Unknown. Will wastewaters discharge to HQW waters (7Q10 Permittee with a 7Q10=0? Flow� must determine. ( Has Violation ( O&M Requirements ( HQW/7Q10 Concerns Does DWR require DEMLR to hold the ( Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit because DWR requires more information)? ( Other. Please describe the reason to hold the permit: RO contact: ( Hold Until: Mine must wait to dewater until an O&M plan i's approved? Reviewed by: DWR RO Surface Water: RO Aquifer Protection Section Pp\/ ��Pntpmhi�r gnin Regional Office Regional Office Date: Date: NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: February 24, 2012 a NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE -APPLICATION MEETING to discuss your intentions and address any questions. MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS IApplication received by Land Quality Section/ State Mining Specialist I Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Parks & Recreation - Others as appropriate *All application review comments forwarded to Assistant State Mining Specialist Is application complete? If "YES", Assistant State Mining Specialist drafts the proposed permit action I Applicant issues Public Notice - Land Quality Section Regional Office - Division of Air Quality - Division of Water Quality ................................... Review Public Comments; Public Hearing Possible .................................. If "NO", Assistant State Mining Specialist drafts a letter requesting additional information from applicant Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (go to * ) Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If "Yes", the following permit actions are issued by the State Mining Specialist: - Draft Permits - Permit Transfers/Name Changes - Bond Substitutions/Cancellations - Permit Releases - Inactive Renewals - High AirbIast Remediation Plans - Non -controversial New Permits - Non -controversial Renewals - Small, Non -controversial Modifications END OF PROCESS If "YES", application & proposed permit action forwarded to and reviewed by Division Director Is application & proposed permit action compIete/acceptable?? If "YES", the proposed permit action is issued by the Division Director END OF PROCESS If "No", application & proposed permit action returned to Assistant State Mining Specialist for revision (go to * ) For other permit actions, if "Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/ acceptable?? If "NO", application & proposed permit action returned to State Mining Specialist/ Assistant State Mining Specialist for revision (go to * ) If "NO", application & proposed permit action returned to Section Chief/State Mining Specialist for revision (go to * ) APPLICATION FOR A MINING PERMIT NORTH CAROLINA DE PARTAIENT OF ENVIRONME NT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE, PRINT OR TYPE) 1. Name of Mine Bamboo Quarry County Watauga River Basin New Latitude (decimal degrees to four places) 36.2170 Longitude (decimal degrees to four places) -81.6363 2. Name of Applicant* Radford Quanies of Boone, Inc 3 Permanent address for receipt of official mail*"'-' P.O. Box 2071 Boone, NC 28607 Telephone ( 828 ) 264-9828 Alternate N 4. Mine Office Address 5605 Bamboo Rd. Boone, NC 28607 —Telephone ( 828 ) 264-7008 5. Mae Mana er Danny Cecile We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. w9i In 'V**'Signatw-e_ Date -7 /:z PrintName D -T Cec-ile Title �p This will be.the narne that the mining permit will be. issued to and the name that must be indicated on the reclamation bond (securit,,q that corresponds to this site, ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature, of company officer required, G.S. 74-51 provides that the Department shall grantor deny an application for apern-dt within 60 days of receipt of a comp! application or, if a public heariDg is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. - I - APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer all of the following that apply: If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: FXJ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 95-03 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 16.5 FXI If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.:95-03 - Total permitted acreage: 20.3 Does the modification involve acreage within the previously approved perinitted boundary? Yes E] No [J. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 3.8 Does the modification involve acreage outside the previously approved permitted boundary? YesE] NoE:]. If yes, indicate the additional acreage to be covered by this modification: _. (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes [:] No E (If no, a "minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): F] If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by The existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Granite 3. Mining method: HHydraulic Dredge Front-end Loader & Truck Shovel& Truck Dragline & Truck Self -loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) 120 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) mean sea level b. Expected average depth of mine (feet) 150 -2- F) APPLICATION FOR A MINING PERMIT 5. Has any area(s) at this site been mined in the past? Yes If yes, when and by whom was this activity conducted?_ El Radford No 1:1 6. Number of years for which the permit is requested (10 years maximum): Ten B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5 -minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5 -minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5h Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 htto:Ht)ortal.ncdenr.orLy/web/Ir/�-,eological—home County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation — Geographic Information Systems (GIS) Mailing Address: NCDOT GIS Unit 1587 Mail Service Center Raleigh, North Carolina 27699-1587 Physical Address: NCDOT GIS Unit 3401 Carl Sandburg Court Raleigh, North Carolina 27610 (919) 212-6000 http://www.ncdot.org/it/gis 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, lt_a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j . Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 -year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. SIB APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-49 Acres I inch = 50 feet 50-199 Acres I inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds +/-0.6 Stockpiles +/-7.0 Wastepiles 0 Processing Area/Haul Roads +/-4.8 Mine Excavation +/-7.9 Other (Explain) 0 Total Disturbed Acreage +/-20.3 NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS E� THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORAP. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. 1. All operations and development events will adhere to all Land Quality Section regulations and guidelines. 2. Existing haul roads will be maintained with the appropriate wet -suppression controls and earthen berms. 3 Previous mine excavated areas will remain vegetated and monitored for proper drainage and stability. 4. Existing stormwater basins will be maintained and/or modified to handle existing and planned erosion control. 5. All new haul roads will be constructed with earthen berms on each side and ditches. 6. Stone will be placed in ditches as indicated on plans. 7. New mining excavating will be sequenced in phases, 1-24, as shown on site plan. 8. Overburdened will be removed and transported to approved site or sold on-site 9. Each phase consists of benches which will be constructed 50'wide in 100' intervals with I OO'high walls. 10. All high walls will have earthen berms and a 20'wide horizontal safety bench at the top of rock and toe of overburden cut slope. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plansfor sediment and erosion controlfor mine excavation(s), waste piles, access/mine roads and process areas), and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s) and provide typical cross-sections1construction details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Skimmer basins/settling ponds are or will be in place prior to land disturbing activities. Water will be diverted to the basins and ponds as appropriate when sediment is disturb. All undisturbed or previously disturbed areas will be re- vegetated(seeded) and monitored to ensure it remains stable. Mulch and native plants will be used when appropriate to help areas remain stable. White pines have been planted in areas to create both a screen and help to stabilize the soil to prevent runoff. All roads will have earthen berms constructed and left on both sides. Ditches will be constructed to direct runoff and lined with riprap to decrease runoff velocities. Roads stockpiles will be maintained with wet - suppression controls to limit dust and help air quality. Riprap and surge rock is maintained around the excavated area to prevent any off site sedimentation. See the erosion control and details sheet for the erosion control plan and calculations. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes M No D. If yes, briefly describe all such processes including any chemicals to be used. The stone will be washed on-site. The waste water from the washed stone will use skimmer basin # 2, which will allow the optimum amount of time for settling and filtering of the water before discharging the clean water into the river b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes N NoE:]. Ifyes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). All discharges are shown on the site plan. Each discharge will be discharging treated water from either a settling pond or a skimmer basin. All discharges have the proper outlet protection, which is shown on the Details Sheet of the mining maps. -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes [:] No If yes, do you intend to dewater the excavation(s)? Yes F-1 NoF]. If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. N/A. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non -discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. General Permit # NCG020000 Certificate of Coverage # NCG020129 See attached permit. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes [?q No []. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Air Permit # 02135R1 0. See attached permit. b. How will dust from stockpiles, haul roads, etc., be controlled? Periodic wet suppression will be applied to any areas that are subject to dust and need maintenance. MR APPLICATION FOR A MINING PERMIT A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). All buffers are shown on mining maps. A 50 foot undisturbed buffer is located around the perimeter of the permit boundary and from Bamboo Road. A 25 foot unexcavated buffer is located around the mining excavation area. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 50 foot undisturbed stream buffer is placed alongside of the South Fork New River and Mutton Creek. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. A bench and terrace method will be used for preventing landslides or slope instability adjacent to the mine site. Sufficient buffers are in place for all adjoining properties or streams. All slopes will be maintained at a 2 1 slope and allowed to naturally vegetate. Landscaping (mulch and plants), riprap, and surge rock will also be implemented when necessary. -8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. See Details sheets for drawings. c. In excavation(s) of unconsolidated (non -rock) materials, specify the angle of all cut slopes including specifications for benching and sloping. Cross-sectionsfor all cut slopes must be provided on the mine map(s). All slopes will be maintained at a 2 1 slope. Benching will be sloped as to direct runoff in the proper direction to be treated. See Detail sheets for drawings. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Benches wil be 50 feet wide and 100 feet in height. All high walls will have earthen berms and a 20'wide horizontal safety bench at the top of rock and toe of overburden cut slope See Detail Sheets for drawings. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300feet of any proposed excavation. Strict drilling safety measures are used to prevent fly rock from escaping pit area. Travelers on Bamboo Rd are stopped and flagged approximately 1/4 mile from the mine site during blasting activities. Tree buffers and berms surround to mine excavation for containment and for a screen as well. No dwelling houses, public roads, public, commercial or industrial buildings are located within 300 feet of any proposed excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detaillcross-section and location of each type of barricade to be used must be indicated on the mine map(s). Vegetated earthen berms will be maintained and constructed along any high wall area. High wall berms are located on the site plan. See Detail sheets for drawings. M APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes F-1 No ff]. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? N/A. 10. a. Describe specific plans (including a schedule of implementation) for screening the operation from public view such as maintaining or planting trees, bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s) andprovide cross-sections through all proposed berms or proposed spacing, sizes and speciesfor tree plantings. A tree screen, with 2 foot to 4 foot white pines spaced every 10 or 15 feet, has been implemented in certain areas to create screening buffers. See site plan for locations. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so, how will such effects (i.e., noise, visibility, etc.) be mitigated? No. 11. Will explosives be used? Yes N NoFj If yes, specify the types of explosive(s) and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program (such as a third -party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. Blasting Contractor Risk Assessment is implemented. Calls are made by DJ Cecil to neighbors who have selected that they would like to be warned before blasting occurs. The blasting company sounds a horn and stops traffic before blasting. A seismograph is on-site to monitor all earth movement during and after blasting. Types of explosives used are power primer -dynamite and anfo (fertilizer) amonia nitrate. Fly rock, excessive air blasts and ground vibrations are prevented by the drill pattern and the amount of explosive placed in the drill hole. Each shot is loaded at a depth more than 14 feet from the top of the hole. This procedure helps to eliminate any fly rock from leaving the interior of the mine. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No El. Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Diesel fuel is located on the site, which is shown on site plan. The tanks are located in a containment area on a concrete slab with an approximate 3 foot concrete block perimeter wall around the tanks. _10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. 1. The overburden area around the quarry will be graded to a stable slope and seeded and planted with trees. 2. The processing areas will be graded level and stabilized. 3. All earthen berms will be left in place. 4. A permanent berm barrier with vegetation will be installed along the upper perimeter of the high wall areas. 5. The stockpile areas will be graded to level and either stabilized for commercial use or re -vegetated. The side - slopes of the stockpile area fills will be graded to a stable slope and either re -vegetated or rip rapped. 6. All areas will be graded to prevent the collection of standing water. 7. No contaminants will be dumped at the site. Scrap metal, trash or other such waste will be removed form the site and properly disposed. 8. All skimmer basins and settling ponds will be cleaned and restored if necessary. Is an excavated or impounded body of water to be left as a part of the reclamation? YesE] No [N. If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes F-1 No [:1 If yes, specify species. N/A Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. Earthen berms will be left and constructed where necessary. Existing vegetation will be allowed to grow naturally. Areas may be enhanced by planting and seeding to reduce entrance to the mining area. APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. Overburden will be removed from site. Overburden will either be sold on-site or transported to an existing Watauga County permitted site on Rainbow Trail. All slopes will be no more than 2:1 and stabilized with vegetation. Areas that are benched will be graded and stabilized so as to prevent slides and erosion. See attached permit. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Proper slopes will be constructed for stability and appropriate drainage. Areas will be scarified and seeded for vegetation. b. Will any on-site roadways be left as part of the reclamation? Yes X No [:1. Ifyes, identift such roadways on the reclamation map andprovide details on permanent road and ditch line stabilization. See site plans and details. 6. Describe the method of control of contaminants and disposal of scrap metal, junk machinery, cables, or other such waste products of mining. (Note definition of refuse in The Mining Act of 197 1 -) No off-site 2enerated waste shall be disposed of on the mine site without 21j2K written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. No waste will be disposed of on-site. All scrap metal will be recycled to local scrap dealers. Any contaminants will be taken off-site to a proper site for disposal. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-ro-unnad seedi including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for both permanent and temporary revegetation, Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a - Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative. Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): 2 FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): 17 x 17 x 17, 200 lbs per acre SEE' D - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding -Dates: Seeding Rates: See Plans MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: Straw and wood fibers - Hardwood mulch - see plans OTHER VEGETATIVE COVER� - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegolati Signature Date Print Name 6-1,4J Title kj'� Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheet is to be used to establish an appropriate bond (based upon a range of $500 to $5, 000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each n vnort nf tho minin 9 onpration- that vou intend to affect durine the life ofthis mining permit (in addition, Please wo TemDorary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) -14- AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. $ Stockpiles: Ac. X $ -/Ac. $ Wastepiles: Ac. X $ -/Ac. $ Processing Area/Haul Roads: Ac. X $ /Ac. $ Mine Excavation: Ac. X $ -/Ac. $ Other: Ac. X $ -/Ac. $ TOTAL AFFECTED AC.: Ac. (TOTAL PERMITTED AC.: Ac.) TemDorary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposed/existing excavation and/or b) affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest $100.00) -14- APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail, return receipt requested, to: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway, creek, stream, river, or other watercourse, railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION951 -15- NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): El a new surface mining permit, El a modification of an existing surface mining permit to add land to the permitted area; or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s) may be submitted by the applicant to allow disturbance within this area without re -notification of adjoining landowners. The applicant proposes to mine (Direction) in (Mineral, Ore) on acres located (Number) (Miles) -of off/near road (Nearest Town) (Number/Name) County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(bl), the mine operator is required to make a reasonable effort, satisfactory to the Department, to notify all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition, the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s) to the Department at the above address within thirty (30) days of the issuance of this Notice or the filing of the application for a permit, whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-5 1, a public hearing will be held within 60 days of the end of the 30 -day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the sDecifics of the DrODosed mininLy activitv, please contact the applicant at the following telephone number on at (919) 707-9220. on (Addressee/Owner of Record's Name and Address) (Date of Issuance of this Notice/ Mailed to Addressee/Owner of Record) note that -16- (Name of Applicant: Include Contact Person & Company Name, if Applicable) (Address of Applicant) contact APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i.e.: City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: Title of person executing Affidavit 1, State of North Carolina, do hereby certify tl appeared before me this day and under oath Witness my hand and notarial seal, this a Notary Public of the County of 5 ledged that the above Affidavit was made by him/her. day of. Notary: my Commission expires: -17- 20 APPLICATION YOR A MINING PE RMIT G. LAND H NTRY AGREEMENT We hereby grant,to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections orinvestigations as may be reasonably -required in the administration of 'the Mining Act of 1971 -pursuant to G $. 74-�6. We further grant to the Department or -its appoinied representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as� may be reasonably necessary in order to carry out reclamation which theoperator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOW.NE Signature: PrintName: DJCecile, VP (Title, if applicabl6) Company Radford Quarries of Boone, Inc. Of a�plicable) ' Address: P.O. Box 2071 Boone, NC 28607 Telephone:,( 828 264-9828 Date Signed: 7/2/2014 APPLICANT Signature:* Print Name: DJ Cecile Title. , VID Company: Mine Name: Radford Quarries of Boone, Inc. Bamboo Quarry Telephone: ( 828 )___?64-7008 Date Signed: 7/2/2014 *Signature must be the same as the individual who -signed Page lof this application. One oriminal and five N copies of the comleted application. six (6) covies -of 611 location maps, mine maps and'reciamation Maps. and the abyr6ptiatepr0c6ssing (seenext page -for fee schedule) in the form a -check or nioney order payableW the North Qitblina Dep'a r-finefit'of Fnver6nm6nt and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919-) 707-9220. _18- APPLICATION FOR A MINING PI -41T MINING FEE SCHEDULE A nonrefundable permit application processing fee when riling for a new mining permit, a major permit modification or a renewal permit is required as follows: New Permit Applications Permit Modifications Permit Renewals Transfers/Minor Modifications* 0-25 acres 26+acres $3,750.00 $5,000.00 $750.00 $1,000.00 $750.00 $1,000.00 $100.00 $100.00 � A nonrefundable $100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers, name changes, bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit buffer zone requirements, where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area, or any additional land that is to be disturbed and added to an existing permitted area, or both. -19- APPLICATION FOR A MINING V 41T There are seven Land Quality Section (LQS) Regional Offices. Use the map below to locate the Regional Office serving your county. Asheville Regional Office Counties: Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Yancey Address: 2090 U.S. Highway 70, Swannanoa, NC 28778 Voice: 828.296.4500 FAX: 828.299.7043 Fayetteville Regional Office Counties: Anson, Bladen, Cumberland, Harnett, Hoke, Montgomery, Moore, Richmond, Robeson, Sampson, Scotland Address: 225 Green Street, (Systel Building), Suite 714, Fayetteville, NC 28301-5094 Voice: 910.433.3300 FAX: 910.486.0707 Mooresville Regional Office 0 Counties: Alexander, Cabarrus, Catawba, Cleveland, Gaston, Iredell, Lincoln, Mecklenburg, Rowan, Stanly, Union Address: 610 East Center Ave., Suite 301, Mooresville, NC 28115 Voice: 704.663.1699 FAX: 704.663.6040 Ral igh Regional Office Counties: Chatham, Durham, Edgecombe, Franklin, Granville, Halifax, Johnston, Lee, Nash, Northampton, Orange, Person, Vance, Wake, Warren, Wilson Address: 1628 Mail Service Center, Raleigh, NC 27699-1628 or 3800 Barrett Drive, Raleigh, NC 27609 Voice: 919.791.4200 Wa:FAX: 919.571.4718 hington Regional Office Counties: Beaufort, Bertie, Camden, Chowan, Craven, Currituck, Dare, Gates, Greene, Hertford, Hyde, Jones, Lenoir, Martin, Pamlico, Pasquotank, Perquimans, Pitt, Tyrrell, Washington, Wayne Address: 943 Washington Square Mall, Washington, NC 27889 Voice: 252.946.6481 FAX: 252.975.3716 -20- L APPLICATION FOR A MINING PL___4IT LAND QUALITY REGIONAL OFFICES (continued) Wilmington Regional Office Counties: Brunswick, Carteret, Columbus, Duplin, New Hanover, Onslow, Pender Address: 127 Cardinal Drive Extension, Wilmington, NC 28405 Voice: 910.796.7215 FAX: 910.350.2018 Winston-Salem Regional Office Counties: Alamance, Alleghany, Ashe, Caswell, Davidson, Davie, Forsyth, Guilford, Rockingham, Randolph, Stokes, SurTy, Watauga, Wilkes, Yadkin Address: 585 Waughtown Street, Winston-Salem, NC 27107 Voice: 336.771.5000 0 FAX: 336.771.4631 -21- APPLICATION FOR A MINING P IT SCHEDULE OF RECLAMATION COSTS (Based upon range of $500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill dirt, CS = Crushed Stone, DS Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY Kyanite/Sillimanite/Andalusite, PH = Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Type T/S Ponds S.Piles W.Piles P.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(FI) 2500(PD) Ll, PF, OL, KY PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(L) 2500 3000 3500 2000(L) T1, OT 2500(FI) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B.0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: FINAL GRADING COSTS PER ACRE LIME AND FERTILIZER COSTS PER ACRE YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) MULCH AND ANCHORING COSTS PER ACRE ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. IW -*m U.S. DEPARTMENT OF THE INTERIOR TI.NdmWA6, BOONE QUADRANGLE imwzWSGS U. S. GEOLOGICAL SURVEY NORTH CAROLINA- A UGA CO. Fd- s­'hag'v � 0v US Top o 7.5-MINLrrE WSERITEAS W151 '33—E '34 �35 42 M '37 ___'38 r39 �41 11 220 000 F- '43 7 '17 Es C P FEET Tj­tt.6,p a R Stroddf, �-kM­ Gap S—ight W91 Hill c- % Rill, a, m—tt'i, K-6 Id— OAk, j�' b .09, 4 E) Whit, Pi" H ky K -b N1. RI '08 221 guf , �si 1). h gh6 Ga p 'Y' w '07 "07 4F, -7 V J, % Toplar Gkosre 4" IF, M -06 ylr�' \\ X S V, Nk Y-11 p i, K -b A, I 4 0 Ic A— Ridg, -04 P Hill K Hound., S--u, Ski ­ "'S h'u11. AA1 't K—b Ri,h 'e a, '03 1E. "P '02 '02 Myrr. K—b K -b -01 FISGAII NATIONM, FOREST K—b ��-dV Ff.1 GV R� P136- % KTqb 1B mv V Hill R. FiT �11e, Heights FEET a IF Bl�., in N�N -99 R,dg� air 1".Fk in 81-45 '33 1 1 FM 434 '35 �36 '37 4 3 '41 �42 1 '43—E 81-37 30 Pr.d..d by 1h. UFl.d S�t. G.W.81.1 S.—y SCALE 1:24 000 I _1 IF, Tr.= 'rj 10 __1 I.— -l. s�_ .1; ­ as a , rl� a 1. w- --s. c3us— 0— Fs PH.q R- ED Fsp— 1:!h_. a -TIC —T. � I— �C. . .. .............................................. -P. 3`7 =LL 41T-T� c_ Fs" .............. T� P Z A W—t 11 0.6.11 BOONE, NC 2013 FF i_�EG EIVED JUL Oil 243,44 M z C m 0 z r n2 VI -LA XVIB QUARRY J.7 BOONE Pop. 17,751 0 0 0 im uu 221 N T/ -,!Fry Pop. 194 0 q F, M —ST BIowing Rock & Boone N Z 0 L-4 <0> 55 L* ENLARGED MUNICIPAL AND SUBURBAN AREAS WATAUGA COUNTY 0 NORTH CAROLINA Pn—DRnIE NORTH CAROLINA DEPARTMENT Of TRANSPORTATION MANAGEMENTSYSTEMSAN DASSESMENTSUNIT-MAPPINGSECIION EPA U.S. D RTIIIENTOF TItANSPORTATION FEDERAL HIGHWAY ADMINISTRATION �Au 0 F=f� 10,W Fl�T GRID B&IM.N NCWnf CAWMA PLA� c—R MAU—I C A L D W E L L C 0 U N I Y —1 — - — - — - U�UC—�LC0I,IICPRQJECn0N WEET20f�j WATAUGA COUNTY iag F P- 49 M A A! NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor July 30, 2012 Dr. D.J. Cecile Vice President Radford Quarries, Inc. PO Box 2071 5605 Bamboo Road Boone, NC 28607 Division of Air Quality Sheila C. Holman Director Subject: Air Permit No. 0213 5R 10 Radford Quarries, Inc. Boone, Watauga County, North Carolina Permit Class: Small Facility ID4 9500052 Dear Dr. Cecile: Dee Freeman Secretary RECEIVED JUL 0 3 2014 LAND QUALITY SECTION In accordance with your completed application received June 27, 2012, we are forwarding herewith Permit No. 02135R 10 to Radford Quarries, Inc., Boone, Watauga County, North Carolina for the construction and operation of air emissions sources or air cleaning devices and appurtenances. Please note the records retention requirements are contained in General Condition 2 of the General Conditions and Limitations. If any parts, requirements, or limitations contained in this permit are unacceptable to you, you have the right to request a formal ad udicatory hearing within 30 days following receipt of this permit, identifying the specific issues to be contested. Such a request will stay the effectiveness of the entire permit. This hearing request must be in the form of a written petition, conforming to G.S. 150B-23 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The form for requesting a formal adjudicatory hearing may be obtained upon request from the Office of Administrative Hearings. Unless a request for a hearing is made pursuant to G.S. 15013-23, this air permit shall be final and binding. You may request modification of your air permit through informal means pursuant to G.S. 15013-22. This request must be submitted in writing to the Director and must identify the specific provisions or issues for which the modification is sought. Please note that the permit will become final and binding regardless of a request for informal modification unless a request for a hearing is also made under G.S. 15013-23. Winston-Salem Regional Office - Division of Air Quality 585 Waughtown Street, Winston-Salem, North Carolina 27107 Phone: (336) 771-5000 1 FAX: (336) 771 A632 \ Internet: www.ncair.org/ An Equal Opportunity \ Affirmative Action Employer -One NofthCarohna )Vaturally 1 4 V , A D.J. Cecile July 30, 2012 Page 2 Unless exempted by a condition of this permit or the regulations, construction of new air pollution sources or air cleaning devices, or modifications to the sources or air cleaning devices described in this permit must be covered under a permit issued by the Division of Air Quality prior to construction. Failure to do so is a violation of G.S. 143-215.108 and may subject the Permittee to civil or criminal penalties as described in G.S. 143-215.114A and 143-215.114B. This permit shall be effective from July 36, 2012 until June 30, 2017, is nontransferable to future owners and operators, and shall be subject to the conditions and limitations as specified therein. Changes have been made to the permit stipulations. The Permittee is responsible for carefully reading the entire permit and evaluating the requirements of each permit stipulation. The Permittee shall comply with all terms, conditions, requirements, limitations and restrictions set forth in this permit. Noncompliance with any permit condition is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or for denial of a permit renewal application. Specific changes and additions are summarized below (note: this list may not include all changes and additions): Permit condition A.8, pursuant to NSPS Subpart 000, has been revised to include new emission limits and requirements that apply to affected facilities that commenced construction, modification, or reconstruction on or after April 22, 2008. Permit condition A. 11, pursuant to 15A NCAC 2D .1806, "Control and Prohibition of Odorous Emissions," has been added tothe permit in accordance with DAQ policy to add this condition to all permits. Permit condition B.1 has been amended to add the requirement that all submittals from the facility should include the facility name, identification number, and permit number. Should you have any questions concerning this matter, please contact Sharon Wyatt at (336) 771-5000. SCW Enclosures c: Winston-Salem Regional Office Sincerely, kw,�Lva k. Lvvc, Margaret A. Love, P.E. Regional Air Quality Supervisor NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Issue Date: July 30, 2012 Expiration Date: June 30, 2017 DIVISION OF AIR QUALITY AIR PERMIT NO. 02135RIO Effective Date: July 30, 2012 Replaces Permit: 02135RO9 To construct and operate air emission source(s) and/or air cleaning device(s), and for the discharge of the associated air contaminants into the atmosphere in accordance with the provisions of Article 2 1 B of Chapter 143, General Statutes of North Carolina (NCGS) as amended, and other applicable Laws, Rules and Regulations, Radford Quarries, Inc. 5605 Bamboo Road Boone, Watauga County, North Carolina Permit Class: Small Facility ID# 9500052 (the Permittee) is hereby authorized to construct and operate the air emissions sources and/or air cleaning devices and appurtenances described below: Emission Source ID Emission so�ree'F---Control— Control System Description m ID Description lNon-Metallic Mineral Processing Plant utilizing water suppression with no other control devices, including: —Operations ES -Crush ;JErushing N/A N/A ES -Screen F��-cr�n-iq F --N/A —RA ES -Convey N/A N/A in accordance with the completed application 9500052.12A received June 27, 2012 including any plans, specifications.. previous applications, and other supporting data, all of which are filed with the Department of Environment and Natural Resources, Division of Air Quality (DAQ) and are incorporated as part of this pen -nit. This permit is subject to the following specified conditions and limitations including any TESTING, REPORTING, OR MONITORING REQUIREMENTS: Permit No. 02135RI 0 Page 2 A. SPECIFIC CONDITIONS AND LIMITATIONS Any air emission sources or control devices authorized to construct and operate above must be operated and maintained in accordance with the provisions contained herein. The Permittee shall comply with applicable Environmental Management Commission Regulations, including Title I SA North Carolina Administrative Code (NCAC), Subchapter 2D.0202,2D.0501, 2D.0510,2D.0521, 2D.0524 (40 CFR 60, Subpart 000), 2D.0535, 2D .0540, 2D .1806 and 2Q .0309. 2. PERMIT RENEWAL AND EMISSION INVENTORY REQUIREMENT - The Perinittee, at least 90 days prior to the expiration date of this permit, shall request permit renewal by letter in accordance with 15A NCAC 2Q .03 04(d) and (f). Pursuant to 15A NCAC 2Q .0203(i), no pen -nit application fee is required for renewal of an existing air permit (without a modification request). The renewal request (with AA application form) should be submitted to the Regional Supervisor, DAQ. Also, at least 90 days prior to the expiration date of this permit, the Permittee shall subnnit the air pollution emission inventory report (with Certification Sheet) in accordance -with 15A NCAC 2D .0202, pursuant to N.C. General Statute 143 215.65. The report shall be submitted to the Regional Supervisor, DAQ and shall document air pollutants emitted for the 2016 calendar year. 3. EQUIPMENT RE PORTING -To demonstrate compliance with 15A NCAC 2D .0501 (c), the Permittee shall maintain on-site an equipment list and a plant (or flow) diagram of all equipment covered, under this permit. a. The equipment list shall include the total rated crushing capacity of all primary crushers at the facility and the following information for each piece of equipment: A description of equipment including applicability of New Source Performance Standards, and: A. Width of belt conveyors, B. Dimensions and configuration (e.g., triple deck) of screens, C. Rated capacity (tons/hr) of each crusher, and D. Rated capacity (tons or tons/hr) of all equipment not exempt from permit requirements under IS A NCAC 2Q.0 I 02(c), ii. A unique ID number. iii. The date the equipment was manufactured, and iv. The dates any required performance testing was conducted and submitted to the Regional Supervisor, Division of Air Quality. b. The equipment list and plant diagram shall bear the date when the current list and diagrams were revised. Permit No. 02135R1 0 Page 3 c. The Permittee shall provide documentation to the Regional Supervisor, Division of Air Quality, for any required performance testing within seven days of a written request. d. Notwithstanding General Condition and Limitation titled "Equipment Relocation," the Permittee may install new non -primary crushing nonmetallic mineral processing equipment so long as such equipment does not change the primary crushing rated capacity of the facility and the equipment does not utilize any mechanical collection device(s). The Permittee shall provide written notification to the Regional Supervisor, Division of Air Quality, including a revised equipment list and a plant layout or flow diagram, each time non -primary crushing nonmetallic mineral processing equipment is installed at a facility. This notification shall be submitted at least 15 days before the equipment is installed at the facility unless otherwise approved by the Director. Non -primary crushing nonmetallic mineral processing equipment includes all nori-primary crushers, screen, conveyors and loadout bins. e. Notwithstanding General Condition and Limitation titled "Equipment Relocation," the Permittee may relocate existing non -primary crushing nonmetallic mineral processing equipment so long as such equipment does not change the primary crushing rated capacity of the facility. The Permittee shall provide written notification to the Regional Supervisor, Division of Air Quality, including a revised equipment list and a plant layout or flow diagram, each time non -primary crushing nonmetallic mineral processing equipment is relocated at a facility. This notification shall be submitted within 15 days of the relocation made at the facility, unless otherwise approved by the Director. 4. PARTICULATE CONTROL REQUIREMENT -As required by 15ANCAC 2D.0510 "Particulates from Sand, Gravel, or Crushed Stone Operations," the following requirements apply: a. The Permittee of a sand, gravel, recycled asphalt pavement (RAP), or crushed stone operation shall not cause, allow, or permit any material to be produced, handled, transported, or stockpiled without taking measures to reduce to a minimum any particulate matter from becoming airborne to prevent exceeding the ambient air quality standards beyond the property line for particulate matter, both PM10 and total suspended particulates. b. Fugitive dust emissions from sand, gravel, RAP, or crushed stone operations shall be controlled by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources." c. The Permittee of any sand, gravel, RAP, or crushed stone operation shall control process -generated emissions: i. From crushers with wet suppression (excluding RAP crushers); and ii. From conveyors, screens, and transfer points Permit No. 0213 5R1 0 Page 4 such that the applicable opacity standards in 15A NCAC 2D .0521 Control of Visible Emissions," or 15A NCAC 2D .0524 "New Source Perforriiance standards" are not exceeded. 5. This primary crusher is ajaw crusher rated at 430 tons per hour at an 8 -inch crusher setting per the manufacturer's specifications as submitted. Any change from this crusher definition, other than like -for -like, will require a permit application to be submitted. The purpose of this stipulation is to characterize the primary crusher and not limit production. 6. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the emission sources, manufactured after July 1, 197 1, shall not be more than 20 percent opacity when averaged over a six -minute period, except that six -minute periods averaging not more than 87 percent opacity may occur not more than once in any hour nor more than four times in any 24-hour period. However, sources which must comply with 15A NCAC 2D .0524 "New Source Performance Standards" or. I I 10 "National Emission Standards for Hazardous Air Pollutants" must comply with applicable visible emissions requirements contained therein. 7. VISIBLE EMISSIONS CONTROL REQUIREMENT - As required by 15A NCAC 2D .0521 "Control of Visible Emissions," visible emissions from the emission sources, manufactured as of July 1, 1971, shall not be more than 40 percent opacity when averaged over a six -minute period, except that six -minute periods averaging not more than 90 percent opacity may occur not more than once in any hour nor more -than four times in any 24-hour period. However, sources which must comply With 15A NCAC 2D .0524 "New Source Performance Standards " or . 1110 "National Emission Standards for Hazardous Air Pollutants" must comply with applicable visible emissions requirements contained therein. 8. 15A NCAC 2D.0524 "NEW SOURCE PERFORMANCE STANDARDS" - For the nonmetallic mineral processing equipment, the Permittee shall comply with all applicable provisions, including the notification, testing, reporting, recordkeeping, and monitoring requirements contained in Environmental Management Commission Standard 15A NCAC 2D .0524 "New Source Performance Standards" (NSPS) as promulgated in 40 CFR 60, Subpart 000, including Subpart A "General Provisions." a. NSPS Reporting Requirements - In addition to any other notification requirements to the Environmental Protection Agency (EPA), the Perinittee is required to NOTIFY the Regional Supervisor, DAQ, in WRITING, of the following: i. The actual date of initial start-up of an affected facility, postmarked within 15 days after such date; b. NSPS Emissions Limitations - As required by 15A NCAC 2D .0524, the following permit limits shall not be exceeded: i. For affected facilities that commenced construction, modification, or reconstruction after August 31, 1983 but before April 22, 2008: � - "I A . Permit No. 0213 5RI 0 Page 5 ii. �Eisslon Affected FaciliO7 F ;[Po�utant�," n it Crushers 15% opacity I Visible Emissions IF Fugitive emissions from conveyor belts, Visible I . . I % opacity i eening operations, and other affected facilities Emissions � 10 i r For affected facilities that commenced construction, modification, or reconstruction on or after April 22, 2008: Emission acility Affected F Pollutant'i Limit -Visible Crushers [ 12% opacity ions ';FFugitive emissions from conveyor belts, Visib. le 1 7% opacity j reening operations, and other affected aci ities I missions I c. NSPS Monitoring Requirements -As required by 15ANCAC 2D.0524, the following monitoring shall be conducted: i., For any affected facility that commenced construction, modification, or reconstruction on or after April 22, 2008 that uses wet suppression to control emissions, the Permittee shall: A. Perform monthly periodic inspections to check that water is flowing to discharge spray nozzles in the wet suppression systems. B. Initiate corrective action within 24 hours and complete corrective action as expediently as practical if the Permittee finds that water is not flowing properly during an inspection of the water spray nozzles. d. NSPS Recordkeeping Requirements -As required by 15ANCAC 2D.0524, the following recordkeeping requirements shall be conducted: i. Each inspection of the water spray nozzles, including the date of each inspection and any corrective actions taken, shall be recorded in a logbook (in written or electronic form). ii. The logbooks (in written or electronic form) shall be maintained on-site and made available to DAQ personnel upon request. e. NSPS Performance Testing - As required by 15A NCAC 2D .0524, the following performance tests shall be conducted: Permit No. 02135R10 Page 6 est Pollutant rM�T Affected Facility e ethod Visible Method 9 1 Crushers I Emissions_ Fugitive emissions from conveyor belts, screeni is ble Method 9 �misisions operations, and other affected facilities E L All performance tests shall be conducted in accordance with EPA Reference Methods, contained in 40 CFR 60, AppendixA; I The EPA Administrator retains the exclusive right to approve equivalent and alternative test methods, continuous monitoring procedures, and reporting requirements; iii. Within 60 days after achieving the maximum production rate at which the affected facility(s) will be operated, but not later than 180 days after the initial start-up of the affected facility(s), the Permittee shall conduct the required performance test(s) and submit two copies, of a written report of the test(s) to the Regional'Supervisor, DAQ; iv. The Permittee shall be respon�ible for ensurin , w the limits of g, ithin practicality, that the equipment or process being tested is operated at or near its mdkimurn normal production rate or at a lesser rate if specified by the Director or his delegate; V. All associated testing costs are the responsibility of the Permittee; vi. At least 45 days prior to performing any required emission's testing, the Permittee must submit two copies of a testing protocol to the Regional Supervisor, DAQ for review and approval. All testing protocols must be approved by the DAQ prior to performing such tests; and vii. To afford the Regional Supervisor, DAQ, the opportunity to have an observer present, the Permittee shall PROVIDE the Regional Office, in WRITING- at least 7 days notice of any required performance test(s) that involve only Method 9. All other tests require a 15 day notice. viii. When determining compliance with the visible emissions limit from fugitive emissions from crushers, conveyor belts, screening operations, and other affected facilities (as described in 60.672(b) or 60.672(e)(1)), the duration of the Method 9 test must be 36 minutes (five 6-minute� averages). Compliance with the fugitive visible emissions limits must be based on the average of the five 6 -minute averages. Permit No. 0213 5RI 0 Page 7 ix. For any affected facility that commenced construction, modification, or reconstruction on or after April 22, 2008 that does not use wet suppression to control emissions, the Permittee shall repeat the performance tests within five (5) years of the previous test. A. If an affected facility relies on water carryover from upstream wet suppression to control fugitive emissions, then that affected facility is exempt from the 5 -year repeat testing requirement provided that the Permittee conducts periodic inspections of the upstream wet suppression that is responsible for controlling fugitive emissions from the affected facility and designates which upstream wet suppression systems will be periodically inspected at the time of the initial perfon-nance test. f, Like -For -Like -Replacement - As provided in 40 CFR 60.670(d), when an existing facility is replaced by a piece of equipment of equal or smaller size, as defined in 40 CFR 60.67 1, having the same function as the existing facility, and there is no increase in the amount of emissions, the new facility is exempt from the provisions of 40 CFR 60.672, 60.674, and 60.675 except as provided for in 60.670(d)(3). The Permittee shall comply with the reporting requirements of 40 CFR 60.676(a). Equipment covered under 40 CFR 60.670 shall comply with the requirements of 15A NCAC 2D.0521. 9. NOTIFICATION REQUIREMENT -As required'by 15A NCAC 2D.0535, the Permittee of a source of excess emissions that last for more than four hours and that results from a malfunction, a breakdown of process or control equipment or any other abnormal conditions, shall: a. Notify the Director or his designee of any such occurrence by 9:00 a.m. Eastern time of the Division's next business day of becoming aware of the occurrence and describe: i. the name and location of the facility, ii. the nature and cause of the malfunction or breakdown, iii. the time when the malfunction or breakdown is first observed, iv. the expected duration, and V. an estimated rate of emissions. b. Notify the Director or his designee immediately when the corrective measures have been accomplished. This reporting requirement does not allow the operation of the facility in excess of Environmental Management Commission Regulations. ,� Li X Permit No. 02135RIO Page 8 10. FUGITIVE DUST CONTROL REQUIREMENT - As required by 15A NCAC 2D .0540 "Particulates from Fugitive Dust Emission Sources," the Peftnittee shall not cause or allow fugitive dust emissions to cause or contribute to substantive complaints or excess visible emissions beyond the property boundary. If substantive complaints or excessive fugitive dust emissions from the facilityare observed beyond the property'boundaries for six minutes in any one hour (using Reference Method 22 in 40 CFR, Appendix A), the owner or operator may be required to submit a fugitive dust plan as described in 2D .0540(f). "Fugitive dust emissions" means particulate matter that does not pass through a process stack or vent and that is generated within plant property boundaries from activities such as; unloading and loading areas, process areas stockpiles, stock pile working, plant parking lots, and plant roads (including access roads and haul roads). 11. CONTROL AND PROHIBITION OF ODOROUS EMISSIONS - As required by 15A NCAC 2D , 1806 "Control and Prohibition of Odorous Emissions" the Permittee shall not operate the facility without implementing management practices or installing and operating odor control equipment sufficient to prevent odorous emissions from the facility from causing or contributing to objectionable odors beyond the facility's boundary. 12. PERMIT REOPENING - In accordance with N.C.G.S,.143-215.108(c), upon 'the Director becoming aware of any credible aire'missions data not previously considered by the DAQ during the application review process, the Director may require the Permiftee to submit additional information including, butnot limited to, emissions estimates and air dispersion modeling. Based on this information, the Director may modifyand reissuethe permit with additional emission controls and/or additional operational restrictions necessary to demonstrate compliance with any applicable regulation. 1, 1 , TFC�I�MVAIVV : I 1. TWO COPIES OF ALL DOCUMENTS, REPORTS, TEST.DATA, MONITORING DATA, NOTIFICATIONS, REQUESTS FOR RENEWAL, AND ANY OTHtR INFORMATI REQUIRED BY THIS PERMIT shall be submitted to the: Regional Air Quality Supervisor North Carolina Division of Air Quality Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (336) 771-5000 For identification purposes, each submittal should include the facility name as listed on the permit, the facility identification number, and the permit number. 2. RECORDS RETENTION REQUI-REMENT - Any records required by the conditions of this permit shall be kept on site and made available to DAQ personnel for inspection upon request. These records shall be maintained in,a form suitable and readily availablefor expeditious inspection and review. These records must be kept on site for a minimum of 2 years, unless another time period is otherwise specified. Permit No. 0213 5RI 0 Page 9 3. ANN -UAL FEE PAYMENT -Pursuant to 15A NCAC 2Q.0203(a), the Permittee shall pay the annual permit fee within 30 days of being billed by the DAQ. Failure to pay the fee in a timely manner will cause the DAQ to initiate action to revoke the permit. 4. EQUIPMENT RELOCATION - A new air permit shall be obtained by the Permittee prior to establishing, building, erecting, using, or operating the emission sources or air cleaning equipment at a site or location not specified in this permit. 5. REPORTING REQUIREMENT - Any of the following that would result in previously unpermitted, new, or increased emissions must be reported to the Regional Supervisor, DAQ: a. changes in the information submitted in the application regarding facility emissions; b. changes that modify equipment or processes of existing permitted facilities; or c. changes in the quantity orquality of materials processed. If appropriate, modifications to the permit may then be made by the DAQ to reflect any necessary changes in the permit conditions. In no case are any new or increased emissions allowed that will cause a violation of,the emission limitations specified herein. This permit is subject to revocation or modification by the DAQ upon a determination that information'contained in the application or presented ih the support thereof is incorrect, conditions under which this permit was granted have changed, or violations of conditions contained in this permit have occurred. The facility shall be properly operated and maintained at all times in a manner that will effect an overall reduction in air pollution. Unless otherwise specified by this permit, no emission source may be operated without the concurrent operation of its associated air cleaning device(s) and appurtenances. 7. This permit is nontransferable by the Permittee. Future owners and operators must obtain a new air permit from the DAQ. 8. This issuance of this permit in no way absolves the Permittee of liability for any potential civil penalties which may be assessed for violations of State law which have occurred prior to the effective date of this permit. 9. This permit does not relieve the Permittee of the responsibility of complying with all applicable requirements of any Federal, State, or Local water quality or land quality control authority. 10. Reports on the operation and maintenance of the facility shall be submitted by the Permittee to the Regional Supervisor, DAQ at such intervals and in such form and detail as may be required by the DAQ. Information required in such reports may include, but is not limited to, process weight rates, firing rates, hours of operation, and preventive maintenance schedules. Permit No. 02135RIO Page 10 11. A violation of any terrn or condition of this permit shall subject the Permittee to enforcement pursuant to G.S. 143-215.114A, 143-215.114B, and 143-215.114C, including assessment of civil and/or criminal penalties. 12. Pursuant to North Carolina General Statute 143-215.3(a)(2), no person shall refuse entry or access to any authorized representative of the DAQ who requests entry or access for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. Refusal of entry or 'access may constitute grounds for permit revocation and assessment of civil penalties. 13. The Permittee must comply with any applicable Federal, State, or Local requirements governing the handling, disposal, or incineration of hazardous, solid, or medical wastes, including the Resource Conservation and Recovery Act (RCRA) administered by the Division of Waste Management. 14. PERMIT RETENTION REQUIREMENT - The Permittee shall retain a current copy of the air permit at the site. The Permittee must make available to personnel of the DAQ, upon request, the current copy of the air permit for the site. 15. CLEAN AIR ACT SECTION 112(r) REQUIREMENTS - Pursuant to 40 CFR Part 68 "Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act, Section 112(r)," if the Permittee is required to develop and register a risk management plan pursuant to Section 112(r) of the Federal Clean Air Act, then the Permittee is required to register this plan in accordance with 40 CFR Part 68. 16. PREVENTION OF ACCIDENTAL RELEASES - GENERAL DUTY - Pursuant to Title I Part A Section 112(r)(1) of the Clean Air Act "Hazardous Air Pollutants - Prevention of Accidental Releases - Purpose and General Duty," although a risk management plan may not be required, if the Pennittee produces, processes, handles, or stores any amount -of a listed hazardous substance, the Permittee has a general duty to take such steps as are necessary to prevent the accidental release of such substance and to minimize the consequences of any release. This condition is federally -enforceable only. 17. GENERAL EMISSIONS TESTING AND REPORTING REQUIREMENTS - If emissions testing is required by this permit, or the DAQ, or if the Permittee submits emissions testing to the DAQ in support of a permit application or to demonstrate compliance, the Permittee shall perform such testing in accordance with 15A NCAC 2D .2600 and follow all DAQ procedures including protocol approval, regional notification, report submittal, and test results approval. Permit No. 02135RI 0 Page I I Permit issued this the 3 00' of July, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ka�ALVO k, (X-�& MargarA A. Love, P.E. Regional Air Quality Supervisor By Authority of the Environmental Management Commission Air Permit No. 0213 5 R 10 STATE OF NORTH CAROLINA RE DEPARTMENTOF ENVIRONMENT AND NATURAL RESOURCES �-,-EIVED DIVISION OF WATER QUALITY 'j �'W � , i 3 zm GENERAL PERMIT NO. NCG020000 LAND QUALITY CERTIFICATE OF COVERAGE No. NCCO20129 STORMWATER AND PROCESS WASTEWATER DISCHARGES NATIONAL POLLUTANT DISCRARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-2 15- 1, other lawful standards and regulations promulgated and adopted by the North Carolina.Environmental Management Commission, and the Federal Watei Pollution Control Act, as amended, RADFORD QUARRIES OF BOONE, INC. is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering and process wastewater from a facility located at Z' RADFORD QUARRIF OF BOONE, INC. 'S 5605 BAMBOO ROAD BOONE WATAUGA COUNTY to receiving waters designated as the South Fork New River in the New River Basin in accordance with the effluent limitations, monitoring requirements. and other conditions set forth in Parts 1, 11, 111, IV, V, and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective December 17, 1999. This, Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day December 17, 1999. for Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission STATE OF NORTH CAROLINA DEPARTMENT OF ENvIRONMENT AND, NATURAL RESOURCES�' DIVIS16N,16F'*/,AT'ER QUALITY eG020000 -GENF L R �)RA PE, MIT NO. N ESS WASTEWATER TO DISCHARGE STORMWATER, MINE DEWATERING, AND-PROC t)NDEk THE,., NAT-IONAL POLLUTANT, DIk,4ARQt-�ELIMINATION; SYSTEM In compliance with the, provision of North Carolina, General, Statute 143-215. 1, other lawful by' th6,,NoAh-C-aroiina Environmental standards and regulati6ns, promulgated, "and, ad6ptedj M a' 'Po , llution Control Act, as amended -this permit nagement Commission and ftFederal Water is hereby issued'to,all oWfiers'or operators,, here�fter,pen.nitteesi'w,,hich,are covered by this -permit mentAFMdnagerntnt as evidenced by receipt of A Certificate of Coverage -by "the Environ Commission, to allow the,discharge'd stormwater, mine dewaiering,: -and process wastewater to N' ate stormt sewer, systemconveying discharges to -the suiface'waters of' orth Carolina or to a separ surface waters in accordance with the terms and conditions set forth herein. Coverage under this, general permit is applicable'to: Stormwater point source 'discharge I outfal-Is-,associated, �.With' mining and quarrying. of nonmetallic minerals (except�fqels),.Iand disturbance, andvehicle maintenance. Mine dewaterinA discharge outfall&,' Wastewater discharge outfalls frorri'sa�'d and/or gravel operations. Nondistharging�closed loop,fecycle systems. - 'Process recycle. wastewater discharge,outfdlls., The following activities andtheir associated discharges are sppcificaliy excluded from coverage 'd DOT �tatewfde�,itom-iwater,,pen-nit, peat under this General Permit: borrow pits eovere mining, coal mining, metal -mining,, oil and' g#�­,extraction operations, and clombined� mining/asphalt operations (where the asphalt 6peration is not'coverpo by a sepai�ate permit). The General Permit shall become effective on.lbecember 1, 19909. The General Permit shall expire,at midnight on November 30, 2004. Signed this day November 18, 1999. irector Kerr T. Stevens'D Division of Water Quality ent,Cornn-�ssion By the Authon*t of the Envirbhmental'Managem "y 541111 Permit No. NCG020000 TABLE OF CONTENTS PART I INTRODUCTION Section A: General Permit Coverage' Section B: Permitted Activities Section C: Perrrut Renewal A TREATMENT PART 11 AUTHORIZATION TO CONSTIWCT AND OPERATE FACILITY PART III MQNITORING�- CONTROLS AND'IMMATIONS FOR PE, RNU= DISCHARGES Section A: StormWater Best Management Practices (BUTS) Section B: Analytical and Qualitative Monitorin 'Requirements -for Discharges Composed 9 Entirely of Stdrmwater ts for Mine dewatering and Process Section C: Effluent Limitations and Moiiitorihg;�Requiremen Wastewater PART IV STANI)ARD CONDITIONS Section A: Compliance and Liability 1. Co mpliance Scheduie -Comply 2. Duty to `�Iitigate 3.- Duty.to,, — 4. Civif and.Criminal Liabilit� 5., Oil and Hazardou§ $ubstatice'Lliability 6. Property Rights 7. Se;Verability, 8. Duty to Provide Information .9, Penalties foi.Tampepng 10. Penalties for Falsift6ation of Reports Section'B: General Cbnditions 1. Continuationof the Expjrid General Permit 2. Transfers 3. When, an lndividual)Pe�it May be Required PART V LD41TATIONS REOPENER PART VI ADmimsTEmIG AND, c0MP14ANCE MONITORING FEE REQUIREMENTS PART vil DEF11,41TIONS ii Pennit No. NCG020000 4. When an.1ndividual Permif�May be Requested 5. Signatory Requirements, 6. General, Permit- M6dificatilon,'Revocation and Reissuance, or Termination 7. Certificate'of 'C'overageActions- Section C: Operation-and'Mainten4nce'of Pollution Controls 1. Proper Operation -and Maintenance 2. Need'to' kalt"orReduce' not" a De'fense 3. Bypassing of Stormwater Contiol'Facilities Section D: Monitoring and Records 1. Representative Sampling 2. RecordingResults 3. Flo,w.Measurements 4. Test Procedures 5, Non-S,tormwater Disch�ges 6. Representative Outfall- - 7. Records Retention 9. Inspection and Entry Section E: Reporting Requirements I . Discharge Monitoring- Reports 2. Submitting Reports 3, Availability of.Reports 4. Non-Storrawater Discharges 5. PlannedChanjes, 6. Anticipated Noncompliance 7. Bypa�s 8. Twdnty-four Hour Reportin 9 9. 0ther Noncompliance 10. Other Information PART V LD41TATIONS REOPENER PART VI ADmimsTEmIG AND, c0MP14ANCE MONITORING FEE REQUIREMENTS PART vil DEF11,41TIONS ii Permit No. NCG020000 Welff fflZ All persons desiring to have facilities covered by,this General Permit must register with the Division of Water Quality (DWQ) by the filing of a Notice of Intent (NOI) and applicable fees. The NOI shall be submitted.and a certificate of coverage issued, prior to any discharge of stormwater associated with industrial activity, mine dewatering or process wastewater that has a point source discharge to the surface waters of the state. This General Permit covers mining and quarrying of nonmetallic minerals (exceptfuels) including non DOT borrow pits (i.e. borrow pits that would not be covered under the statewide DOT stormwater permit) and active -or inactive mines that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts, or waste products located at the site of such operations and stormwate�- -anoff from vehicle maintenance areas. This General Permit also covers discharge of wastewater from processing mined materials and mine dewatering from the groundwater and/or -st,ormwater that accumulates in the mine pit. This General Permit does not cover activities or discharges covered by an individual NPDES permit until the individual permit ' has expired or has been revoked. Any person conducting an activity covered by an individual permit but which could be covered by this General, Permit may request that the individual permit be revoked and coverage under this General, Permit `b6 provided' , SECTION B: PERMITTED ACTIVITIES Until this pen -nit expires or is modified or revoked, the permittee is authorized to discharge stormwater, mine dewatering and process wastewater to the surface waters of North Carolina or a separate storm. sewer system which has been adequately treated and managed in accordance with the terms and conditions of this General Permit.lAil discharges shall be in accordance with -the conditions of this permit. Any other point source discharge to surface waters -of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another -permit, authorization or approval. SECTION C: PERMIT RENEWAL Dischargers covered by general permits need not submit new NOIs or renewalrequests unless so directed by the Division. If the Division chooses not to renew a general permit, all facilities covered under that general permit shall be notified to submit applications for individual permits or notified to take other a ppropriaie actions at the discretion of the Director. Part i Page I of I Permit No. NCGO20000 PART 11 AUTAORIZATION TO ' CONSTRV-.CT AND OPERATE A TREATMENTFACILITY Mining operations which involve construction and operation of treatment facilities for mine dewatering or process wastewater (such as saw water, wash water, etc.) are subject to 0 and Section construction and operation requirements for these facilities as outlined in Section A B below. SECTIONA: REQUIREMENTS TO CONSTRUCT NEW OR, EXPANDING TREATMENT FACII,ITIES. 1. All new or expanding treatment facilities must receive an Authorization to Construct (A to C) from DWQ. ' 2. Application for the A to C requires,that plans an" d specifications be submitted to the Division of Water Quality, Stormwater a " hd G ' eneral Permits Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 for approval. . 3. Upon approval ofthe,plans and specifications by the Division, a set of approved plans and specifications for the subject project will be returned to the permittee. These plans must be retained by the peninittee for the life,of this Project. . 4. Upon receipt of an approved A to C, the approved treatment facilities shall be constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. The treatment facilities shaR be constructed to meet the effluent limitations in Part III, Section C of this general permit. 5. Upon completion of construction and prior to operation of a permitted facility, a certification of plans and specifications must be received from a professional engineer in accordance with G.S. 89-25 certifying that the 0ennitted facility has been installed in accordance with this permit, the approved -plans and specifications, and other supporting materials. Mail the Certific I atioii of 'Plans and'spb. cifications to ihe Division of Water Quality, Stormwater and General Pen -nits -Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 6. The DWQ Regional Office shall -be notified at least forty-eight (48) hours in advance of operation of the in'stalled1acilities so that an in place inspection can be made if the Regional Office so desires. Such notification to the regional supervisor shall be made during normal business hours from 8:00,a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Existing, new and expanding treatment facilities I shall be subject to the following operational requirements. part ii page 1, of 2 Perinit No. I�CG"020000 SECTION B: REQUIREMENTS FOR OPERATION OF A TREATMENT FACILITY. 1. Operation and maintenance of treatment facilities must1be in accordance with the requirements' in this General Nrrnit.� No.documentation other than a signed Certificate,of Coverage is required to operate an existing treatment facility. New facilities must also have an Authorization'to Construct permit. 2. Diversion or bypass of untreated wastewater from a treatment facility is prohibited except under provisions of this permit in PartIV, Section C.3. 3. In the event that a facility fails to perform satisfactorily, including the creation of nuisance conditions, the,permittee, shall take'immediate corrective action, including those actions that may be required by this Division,'such as the construction of additional or replacement treatment or disposal facilities. 4. The issuance of this per-irdt sh ' all not relieve the permittee of the responsibility for damages to surface waters of,the State resulting fromthe operation of a treatment facility. 5. Any discharge from a treatment system to groundwater must protect the groundwater standards specified in 15A NCAC 2L, Groundwater Classification and Standards. 6. Any groundwater quality monitoring, as deerfied reasonably necessary by the Division, sh�ll be provided. 7. No chemical flocculants shall be -used in the treatment facility without written authorization from the'Division. 8. All discharges of process wastewater will be monitored in accordance with Part M, Section C of this permit. Part II Page 2 of 2 Pennit No. NCG020000 PART111 MONITORING� 4�,qNTROLS7 AWLIMITATIONS, FOR MkMITTEj), DISCHARGES SECTION A: STORMWATER BEST MANAOEMENT PRACTICES (BMPS) PLAN The permittee shall,implement BN!Ps to ensure that contaminants do not enter surface waters visa stormwater that comes in contact with any unstabilized overburden, raw materials, intermediate products, finished products, byproducts or waste,products located on the site of the sources covered by this permit. A BMP Plan shall be developed inaccordance with the requirements of this section. 2. Management of Stormwater Runoff and Runon. The permittee shall maintain erosion and sedimentation controls for, land disturbance areas and outside process areas. In addition, some of the same controls for erosion and sedimentation control (e.g. vegetated diversion berms or dikes) should be -used to limit or isolate selected land disturbance and process areas and limit the amount of off site stormwater runon to those areas. Appropriate Best Management Practices (BWs) should be used.to divert, infiltrate, reuse or otherwise manage stormwater runoff or runon in a manner that reduces pollutants in stormwater discharges leaving the site. Appropriate BNIP9 may include but not limited to: vegetative swales, berms, use of reclaimed mine areas, and reuse of collected stormwater (such as for an industrial process or as an irrigation source). 3. BNW Controls Inspection and Maintenance. All erosion, and sedimentation control facilities shall be inspected by or under the direction of the perimittee at least once every seven calendar days and within 24 hours after any storm event that results in a discharge. The control structures implemented for erosion and sedimentation control shall be operated and maintained so that the controls are cleaned out w ' hen the sediment storage capacity has been reduced by 50% in accordance with the provisions in the mining permit. If any offsite sedimentation is leaving ' the property, corrective action shall be taken to reduce the discharge of sediments. Visible sedimentation found offsite shall be recorded with a brief explanation-jas to the measures taken to prevent future releases as well as any measures taken to clean up,the sediment that left the site. All other stormwater specific controls (e.g. oil /water separators) shall be, inspected and qualitatively monitored (as per Part 111,133) on A semiannual schedule, once in the fall (September -November) and once during th " e Spring (April -June). A log of sampling data and of activities taken to implement BMPs associated with the vehicle maintenance activities shall be^maintained and incorporated into the BMP'Plan and kept onsite for the duration of the permit term and made available to the Director upon request - 4. Erosion and Sedimentation Control. The permittee shall implement management practices and the erosion and sedimentation control measures that are included in the mining permit approved by the Division ofLand'Resources. 'the approved mining permit is considered a requirement or condition of this general permit. Deviation from the approved mining permit, or approved amendment to the permit,that impact w4L,� �ualjty shall constitute a violation of the terms and conditions of this,general permit. A signed copy of the issued mining permit including the approved erosion and sedimentation control measures and the reclamation plan shall be maintained on the site at all times. Part III Page I of 9 Pemzir No. NCG020000 Once an area is released by the Division of Land Resources in accordance with NCGS Chapter 74, Article 7, it shall no longer be subject to this general permit. Preventive Maintenance Inspections and Good Housekeeping Practices. Equipment utilized during mining activity,on a site must be operated and maintained in such a manner as to prevent potential or actual 'pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any other petroleum products, shall not be discharged on to the ground -or into surface waters, Spentfluids shall be disposed of in a manner so as not to enter the surface or ground waters of the state and in accordance with applicable federal disposal regulati ' ons. Any spilled fluids shall be cleaned up to the maximum extent practicable and disposed of in a manner that does not allow their entry into the surface or ground waters of the state. 6. Secondary Containment. The permittee shall provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous liquids substances to prevent leaks and spills from contaminating stormwater runoff. If the secpndary containment devices are connected directly to stormwater conveyance syst(,ns, the connection shall'be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontan-driated by the material stored within the containment area. SECTION B- ANALYTICAL AND QUALITATIVE MONITORING REQUIREMENTS FOR OFSTORMWATER DISCHARGES COMPOSED ENTIRELY Analytica.1 monitoring of parameters for stormwater discharges shall be performed as specified in Tables I through 4. All analytical monitoring shall be performed during a representative storm event as defined in Part VII. For each parameter, the arithmetic mean of all analytical sampling results collected during the term of the permit may be calculated for each individual outfall and compared to the cut-off concentrations listed in Tables 2 and 4. If the arithmetic mean is less than the specified cut-off concentration for a given parameter, the facility is not required to continue annual monitoring for that parameter (at that I outfall) untit the last year of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge otitfall, the permitte ' e is required to maintain facility operations that ensure the continuation of stormwater runoff quality. The permittee must pe analytical " r. nd last ear of the rmit term reeardless pf nut -off con -01"i" 9 Analytical results fiom sampling -during the final year of the�peirnit term must be submitted with the permit renewal application. if the stormwater runoff is controlled by some type of erosion/sediment control basin or retention pond, the following monitoring requirements apply in addition to the requirements in the Tables I and 3: Part III Page 2 of 9 Perrnit No. NCG020000 • Analytical monitoring for stonnwater_discharg�s from a sediment basin or other erosion and sedimentation control structures, designed to pa�s a storm event must be performed within the first 30 minutes of discharge. � I I � ntain the 10 -,year design ston-n (see Part • Analytical monitoring for a retention pond designed to co . VII, Definitions) without discharging is not required. Qualitative monitoring for color, foam, outfall staining, visible sheen and dry, weather flow is the only monitoring requirement, • Analytical and qualitative monitoring are not required froni, a retention pond designed to contain'the 25 -year, 24-hour�storm (see Part VII, Definitions) without discharging as the pond is considered a non -discharging stormwater control. 1. Analytical Monitoring for Stormwater Discharges from Land Disturbance and Process Are -as. These requirements shall be performed as specified in Table 1. Table 1. Analytical Monitoring Requirenients for Storm*24er_ Discharges from Land Disturbing Activitiesand Procew Areas TAiasuremenit Sample Sample Discharge ][.Amtion3 Characteristi�s unit&, j�� I Settleable Solids MI/I Ann I ually Grab SDO Total Suspended Solids MgfI . Annually Grab SDO Grab SDO Turbidltv NTU Annually Total RainfaI14 inches Annually Event Duration4 minutes A�n�nuallll ....... ....... . . ... ............. . . Total Flow4 MG A SDO I Measurement Frequency: once per year during a representative storm event A year is defined as the 12 month period beginning on the month and day of issuance of the certificate of Coverage 2 The sample is collected within the first 30 minutes of discharge from the outfall 3 Sample Locatiow samples shall be collected at each stormwater dis . charge outfall (SDO) unless representative outfall status has been granted 1 4 For each sampled representative storm event, the total precipitation, storm duration, and total now must be monitore ' d. Total flow shall be either, (a) measured continuously, (b) calculated based on the amount Of area draining to the outfall, the amount of built -upon (impervious) area, and the total rat al ev t. amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intetvalsduring the nf I en Part'111 Page 3 of 9 Permit No. NCG020000 Table 2. Analytical Monitoring Cut-off Concentrations for Stormwater Discharges from Land Disturbing'Activities and Process Areas Discharge Characteristics -Cut-off Concentration Settleab , le Solids 0A ml/l Total Suspended Solids S.U. Turbidity Freshwater non -trout streams), 5,0 1 NTU Turbidity (Non -trout lakes and saltwaters)' 25'NTU Turbidity (Trout waters) 10 NTU Analytical Monitoring for On-siteVehicle Maintenance. Facilities which have any on-site vehicle rnaintenance activity that uses, more than 5 5 gallons of new motor oil per month when averaged over the calendaryear shall -perform analytical monitoring as specified belowin Table 3. This monitoring shall be performed at all outfalls which discharge stormwater runoff from the vehicle maintenanw areas. Table I Analytical Monlioring Reqpirements for Stormwater Discharges from On-site Vehicle Maintenance Areas Discharge Characteristi cs pH Oil and Grease 'Units Meisurement -'Freqtielicy 'Sainple T pel sainple Location2 S.U. Annually Grab SDO Annuall Grab SDO Total Sias ended Solids ------------- Annually Grab SDO — Total RainfaI13 Event Duration3 Inches -Nfinutes Annually Annual]L— 'Grab Grab MG, —Annua Ily � ... Grab 7 Total Fjow3 Fbom I The sample is collected -i thin the first 30 minutes of discharge. 2 Sample Location: Sample$ shall be collected at each stormwater discharge outfall,(SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur. 3 Total flow shall be-, (a) measured continuously, (b) calculated based on the amount oflarea draining to the outfall, the amount of built - upon (Impervious) area, and the total amount of rainfall, Or (C) estimated by the measurement of flow at 20 minute intervals during the rainfall event. Total precipitation and duration of, the rainfall event measured shall 1;6�ult from the sampled representative storm event. Part III Page 4 of 9 Pennit No. NCG020000 Table 4. Cut-off Concentrations for On -Site Vehicle Maintenance Activities Cut-off 'Concentration fbi�chiirze Char-acterisElles; HI ,_witnin range u -u – 7.v Oil and Grease 30 mg/l, Total Sus 1 06 Mg/l Footnotes' 1, pH cannot be averaged due to the nature of the log I arithmic pH scale' The most recent PH sample result shall be used for cut-off concentration purposes 3. Qualitative Monitoring for Stoftn*aterf6r Process Areas and Vehicle Maintenance Areas. Qualitative monitoring requires a visual inspection of all stormwater outfalls wi ' th stormwater runoff from process. or vehicle maintenance areas regardless of representative outfall status or cut-off concentrations and shall be performed -as specified below in Table 5. No analytical tests are required. The first guaadlim i e monitorin event during the term of th analZical monitoring event (regardless of the season). All other qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November) and does not need to be performed during a representative storm event. Table 5. Qualitative Monitoring Requirements for ftQpe�ss Areas And Vehicle Maintenance Areas Discharge Characteristics Frequency 'Monitoring LocationI Color Senii-Annual SDO Odor Serni-ATinual SDO Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Senii-Annual SDO Foam SerniAnnual SDO Oil Sheen Semi -Annual SDO Other obvious indicators A of storrnwater 2ollutio Semi -Annual ___ - SDO I — I . monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) associated with process areas and vehicle maintenance areas regardless of representative outfall status., Part BI Page 5 of 9 Permit No. NCG020000 SECTION C: EF FLIJENT MONITORING , AND LIMITATIONS REQUIREMENTS FOR MINE DEWATERING AND I PR0,CESS WASTEWATER 1. Mine Dewatering (including Borrow Pits) During the penod beginning- on the effective date of the permit and lasting until expiration, the pennittee is authorized to discharge mine dewalering. Mine dewatering activities that have the potential to drain wetlands must comply with the following requirements: # Operation and Monitoring Plan approved,by the Division. # Maximum of three days pumpingfollowed. by., seven days of not pumping. * -Install monitoring wells along a transect or in s ' everal directions of the pumping and supply data to the Division for review in order to demonstrate the effect of pumping. Adverse . impacts as a result of pumping requires alteration of the pumping regime to reduce the impact. a The discharge location for water shall be into adjacent, upslope wetlands as much as possible in order to maintain their hydrology and must be shown on the operation and monitoring plan. o' Alternative site specific pumping and monitoring regimes must be approved by the Division on a case by case basis. Mine dewatering that is directly pumped from the -pit through an erosion and sedimentation control structure prior to discharging to surface waters is not required to receive an authorization to construct in accordance with Part H, Sections A and B. Mine dewatering discharges which requires additional treatment other than erosion and -sedimentation control structures are subject to the authorization to construct requirement. Analytical monitoring of mine dewatering shall be perfonned as specified below in Table 6. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations is a violation of the permit conditions and may be subject to enforcement action as specified in Part IV, Section A.2 of this permit. Table 6. Monitoring Requirements for Mae Dewatering Discharge Characteristics units MeAsu.rement Freciiiencyl S' le Sample amp Type2 Location3 S.U. Qu4qS�� Grab E _pH Settleable Solids mIA Ouarterlx Grab E ng/l NTU M i Quarterly Ouarterly Quarterly Grab E Grab E or U,D E Total Suspended Solids5 Turbiditv Total FIOW4 Footnotes^ I The monitoring ftequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that'parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from a sediment pond designed to contain or treat process wastewater that results from rainfall in excess of 10 -yr, 24 -hr storm Ohis exemption is not available for mine dewatering of claypits). 3 Sample Location: F — Effluent, U — Upstream, P — Dowmstrealn Part III Page 6 of 9 Permit No. NCG020000 4 Total Flow shall be continuous flow measurement, Alternatively, pump curves and pump logs may be used as a means to record flow. 5 Only facilities mining Industrial Sand are required to monitor for this parameter. 2. Wastewater Associated With Sand/Gravel Mining During the period beginning on -the effective date of the permit and lasting until expiration, the permittee is authorized to discharge wastewater from mining'of sand and/or grave] operations. For the purposes of this permit, wastewater from mining of, sand and/or gravel is water that drains from the mined sand and/or gravel through an erosio I n and sedimentation control prior to discharging to surface waters. Authorization to construct and operate requirements (part H,, Sections A and B) are not applicable to this type of wastewater operation. ' from mined sand and/or gravel shall be performed as Analytical monitoring of wastewater draining - specified below in Table 7. For each parameter, an effluent limitation is contained in Table 9. An exceedence of any of these limitations ' will result in a violation of the permit conditions and may be subject to enforcement action as specified in Parl IV,,Section A.� of this pennit. Table 7. Monitorine Reauirements for Wastewater from Sand and/or Gravel Mining Discharge Characteristics ,Units Meps�;rement enql EecpL �Sample Ty�pe2 Sample L000601113' pH S.U. Quarterly Grab E Settleable Solids m1h Quarterly Grab E Total Sus2endedSolids5 MO 'Quart Y Grab E Turbidity NTU Q!�art Grab E or U,D 'Total FloW4 MG Quarterly E Footnotes: I The monitoring frequency is quarterly unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. 2 A grab sample is not required for pH and TSS from'a sediment pond designed to contain or treat process wastewater that results from rainfall in excess of 10 -yr, 24 -hr storm. 3 SampleLocation: E— Effluent, or combined (U —Upstream, D — Dowmstrearn) 4 Total Flow shall be continuous flow"measureinent. Alternatively, pump curves and pump logs may be used as a means to record flow. 5 only facilities mining Industrial Sand are required to monitor for I this parameter. 3. Overflow From a Closed Loop Process ]R%yde,Wastewater System Designed to Operate With Minimum of Two Feet of Freiboard' During the period beginning on the effective date of the perrnit and lasting until expiration, the permittee is authorized to discharge overflow from the following closed loop process recycle wastewater systems -Part M Page 7 of 9 I Permit No. NCGO20000 designed and operated with two feet of freeboard during normal operation: a) Sand or Stone Washing Operations b) Dimension Stone Cutting Operations c) Crusher Dust Control Operations Forthe purposes of this permit, overflow refers to a discharge that occurs as a result of a precipitation event that over -tops the two feet of freeboard. Closed loop is defined as limiting the water entering the system to makeup water that is added to operate the system at or below the two feet of freeboard and/or precipitation that falls directly into the system. The system would also be designed to exclude stormwater runoff from draining into,the system.- Authorization to construct and operate requirements (Part H, Sections A and B) are fiot applicable to,t"his type of process wastewater operation. No anal24ical monitoring is required'for mine overflow from closed loop process recycle wastewater systems designed to operate with two feet of fre6board, 4. Overflow From Other Process Recycle Wasiewater Systems During the period beginning on the effective date of the permit and lasting until expiration, the pern-�ittee is authorized to discharge overflow from the following �process recycle wastewater systems that are not designed as, closed loop recycle systems with two feet of freeboard: a) Sand and/or Gravel Washing Operations b) Dimension Stone Cutting Operations c) Air Scrubbing and Dust Control Operations Analytical monitoring of overflow' frorn'procegs recycle wastewater systems that are not designed as closed loop recycle systems with two feet of freeboard shall be'performed as specified below'in Table 8. For the purposes of thi.s permit, overflow refers to a discharge of process wastewater as a result of a precipitation event. These systems don't meet, the requirements for closed loop and are not designed and operated with two feet of freebbard. Authorization to construct -and operate requirements (Part 11, Sections A and B) are applicable to this type of process wastewater operation. I : Table 8. Monitoring Requirements for Overflow FrOmProcess Recycle'Wastewater Systems r Pisdiarge Characteristics Units Measuremeyst TMuihy I Sample �Type2 Sample Location3 pH S.U. Qfjarterly Grab E Settleable Solids ml/I guarterly Grab E Total Susp�nded Solids5 mg/l Quarterly Grab E Turbidity NTU -Quarterly Grab E or U,T) Total Flow4 MG �uarterly I I F Footnotes: I The monitoring frequency is quarterly'unless the effluent limitation in Table 9 is exceeded at which time monthly monitoring will be required for that parameter for the remaining permit term. Pan M Page 8 of 9 I Permit No. NCG020000 2 A grab sample is not required for pH and TSS from a, sediment pond designed to contain or treat process wastewater that results from rainfall in excess of 10 -yr, 24 -hr storm. 3 Sample Location. E — Effluent, or combined (U — Upstream, D — Dowmstream) 4 Total Flow shall be continuous flow measuremem Alternatively, pump curves and pump logs may be used as a means to record flow. 5 Only facilities mining Industrial Sand are required -to monitor for this parameter. Table 9. Effluent Limitations,for Process Wastewater -and Mine dewatering ischarae Characteristics Disebarge Limitations., Month!K`Average Daily Maximum Settleable Solids 0.1 ml/l 0.2 ml/l Total Susvended Solids (Industrial Sand Mining) 25 m V1 45 mg/l PH Range -------- 6.0-9.0 -------- 50 NTU Turbidity( -reshwater non -trout streams) Turbidity 4on-trout lakes and saltwaters) ------ 25 NTU I Turbidity ( rout waters) -------- 10 NTU Footnotes: have a pH as low as 4.3 if due to I Alternatively. the pH range for saltwater is 6.8-8.5. Designated swamp waters can natural conditions. BMP Condition 1. The permittee shall utilize best management practices to ensure tat contaminants do not enter the surface, waters as a result of blasting at the site. 2- The permittee shall obtain authorization from the Director prior to utilizing any chemical flocculants. 6. Residual Management The residuals generated from treatment facilities used'to meet the maximum effluent limitations must be disposed of in accordance with General, Statue 143-215. 1. and in a manner such as to prevent anypollutants from such materials from entenng waters of the State or navigable waters of the United States. Part III Page 9 of 9 Permit No. NCG020000 PART IV STANDARil CONDIT10,ONS FOR NPDES STORMWATER ''GENERAIL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule a. The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following-§chedule: (1) For Process and Vehicle -Maintenance Activities: (a) Existing Facilities with First Stormwater Permit. Develop and implement BMPs and stormwater controls as appropriate within the first 12 months of permit coverage. (b) Proposed Facilities. Develop and implement BMPs and stormwater controls, as appropriate prior to beginning mining operations. (2) For Land Disturbance Activities: (a) Existing Facilities with First Stormwater Permit. Implement BMPs and stormwater controls as appropriate, on the effective date of permit coverage. (b) Proposed Facilities. Develop and implement BMPS and stormwater controls as appropriate prior to beginning land disturbance activity. b. The permittee shall ccimplY with Effluent Limitations for wastewater discharges by the effective date of the permit. 2. Duty to CoMply The permittee must comply with all conditions'of this general permit. Any permit noncompliance constitutes a violation,of the Clean Water Act and is grounds for enforcement action; for certificate of coverage termination, revocation and reissuance, or modification; or denial of a certificate of coverage upon renewal application. a. The permittee shall, comply with standards or prohibitions established under section 307(a) of the Clean Water'Act 6��toxic pollutants within the time provided in the regulations that establish these standards -or prohibitions, even if the permit has not yet been modified to.in corporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any perrnit condition is subject -to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than I year, or both. Any person who knowingly violates permit conditions is Part IV Page I of I I Permit No. NCG020000 subject to criminal penalties of $5,1000 to $50,000 per day of violation, or imprisonment for not more than'3 years; or both. Also, any person who . violates a permit condition may be assessed'an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC 1319 and 40 CFR 122.41(a).] Under state law, a daily civil penalty of not more than ten thousand dollars ($ 10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes 143-2,15.6A] d. Any person may be assessed an administrative penalty by the Director for violating section 301, 302', 306, 307, 308, 3 18, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for -Class II violations are not to exceed $10,000 per day for each -day during,Which the violation continues, with the maximum amount of any Class H penalty -not to exceed $125,000. 3. Duty to Miti gat The permittee shall take all reasonable steps to minimize,or prevent any discharge in violation of this general permit which has a,reasonable likelihood of adversely affecting human health or the environment. , 4. Civil and Criminal Liability Except as provided in Section C of this permit regarding bypassing of stormwater control facilities, nothing in this general perrnit shallbe construed to relieve the permittee from any responsibilities,, liabilities, or penalties for noncompliance pursuant to NCGS 143- 215.3,143-215.6A, 143-215.613, 143-215.6C or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permitteeis responsi " ble for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardou; Substance Liability Nothing in this general permit shall be constr ' tied to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS .143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321.'� 6. Pronqqy Rights The issuance of this general permit does not convey any property rights in either real or, personal property, or any exclusive privileges, nor does it authorize any injury to private Part IV Page 2 of I I Permit No. NCG020000 property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 7. Severabili!y The provisions of this general,permit are severable, and if any provision of this general permit, or the application of any provision,of this general permit to any circumstances, is held invalid, the application of such provisiowto� other circumstances, and the remainder of this general permit, shall, not be affected thereby. 8. Duty to Provi le Information The permittee shall furnish,to the Director ' , within a reasonable time, any information which the Director may request to deterrnin�, whether cause exists for modifying, revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general pen -nit or to determine, compliance with this general permit. The permittee shall also furnish to the Director upon request, copies of records required to be kept by this general permit. 9. Penalties for Tampering The Clean Water Act provides -that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method'iequired to be maintained under this general permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a,person is for a violation committed after a first conviction of such person under this paragraph, punishme . nt is a fine of not more that $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 10, of Rey)orts The Clean WaterAct provides that any person who,knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this general permit,'including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $lo,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION B: GENERAL C.ONDITIONS General Permit ExRi�ration The permittee is not authorized to discharge after the expiration date. in, order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and, fees as -arerequired by the, agency authorized to issue permits no later than 180 days prior to the expiration date., Any,permittee that has not requested renewal Part IV' Page 3 of I I -Permit No. NCG020000 at least 180 days prior to expiration, or any permittee that does not have a pennit after the expiration and has not requested renewal at- least I 80,days prior to expiration, will be subjected to enforcement procedures a�s provided in NCGS §143-2153.6 and 33 USC 1,251 et. seq. 2. Transfers The certificate of,coverage issued pursuant to thisgeneral permit is not transferable to any person except after notice to and approval by the.Director. The Director may require modification or revocation and reissuanc6 of the certificate of coverage to change the name and incorporate such other requirements as may be necessary under the Clean Water Act. 3. When anLndividual PermitMa be equired The Director may require,any owner/operator autho ' rized to discharge under a certificate of coverage issued pursuant ' to this general pen-nit,to apply for and obtain an individual permit or coverage under an alternative general permit. Any interested person may petition the Director t6take action underthis paragraph. Cases where an individual permit may bep required include, but are not limited to, the following: a. The discharger is a significant contributor of pollutants; b. Conditions at the permitted site change,, altering the constituents and/or characteristics of the discharge such that ffie.discharge no longer qualifies for a general permit; C. The discharge violates the terms or conditions of this general permit; d. A change has occurred in the, availability of demonstrated technology or practices for the control or abatement of -pollutants. applicable to -the point source; e. Effluent limitations are promulgated for the point sources covered by this general permit; f. A water quality management plan containing requirements applicable to such point sources is approved after the issuance of this general permit. 9- The Director determines at his own -discretion that an individual permit is required. 4. When an Individual P Any pennittee operating under this general p' ermit may request to be excluded from the coverage of this general permit by applying for an individual �ermit. When an individual permit is issued to an, owner/operator the applicability of this general permit is automatically terminated on the effective date of the individual permit. Part IV Page 4 of I I Pennit No. NCG020000 5� Signatory Requirements , All applications, reports, or information submitted to the Director shall be signed and certified. All notices of intent to, be covered under this general permit shall, be signed as follows: (1) For a corporation: by a responsibl ' e corporate officer. For the purpose of this Section, a responsible corporate, officer means: (a) a president, secretary, treasurer or, vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or.decision makink functions for the corporation, or (b) the manager of one or more manufacturin ' ,g: production or operating facilities employing more than 250 persons or having gross annual sales 'or expenditures exceeding 25 million (in, second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the p proprietor, respectively; or . (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or'ranking elected official, b. All reports required by the general permit and oth ' er information requested by the Director shall be signed -by a person described above or,by a duly authorized representative of -that person. A person is a duly authorized representative only if., (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Director. C. Any person signing a document under paragraphs a. or b. of this, section shall make'the following certification: "I certify, under penalty of'law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information Part IV Page 5, of I I Permit No. NCG020000 submitted. Based on my.inqukry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the Possibility of fines,and imprisonment for knowing violations." 6. General Permit Modification, Revocation and Reissuance, or Termination The issuance of this general permit does not prohibit the Director from reopening and modifying,the general permit, revoking and re'issuing-the general permit, or terminating the general permit as allowed by the'laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and ' 123; Title'15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143- 215.1 et. a]. After public notice and. opportunity for a hearing, the general, permit may be terminated for cause. The filing of a request for a general permit modification, revocation and reissuance, or termination does not stay any general perrmt condition. The certificate of coverage shall expire when the general permit is terminated. 7. Certificate of Coverage Actions The certificate of coverage issued in accordance with this general permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any general permit condition. SECTION C: OPERATION AND MAINTENANCEDF POLLUTION CONTROLS 1 Proper Operation and Maintenance The pen-nittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the pen-nittee to achieve compliance with the conditions of this general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedur6. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the general permit. 2. Need to Halt or Reducenot, a Defense It shall not be a defense ' for a pernaittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this general permit. 3. Byl)assine of Stormwater Control Facilities Part, IV Page 6 of I I Permit No. NCG020000 Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwateror maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed -in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and C. The permittee submitted notices as required under Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering,its adverse effects. 0 1 , . It I 1 11, 1 - Representatiy��� Samples collected and measurements taken, as required herein, shall be characteristic of the volume and'nature of the perrtiitted discharge. Analytical sampling shall be performed during a representative stonn even ' C Samples shall be taken, on a day and time that is characteristic of the discharge. All sar'nples shall -be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without 'notification to and approval of the -Director. 2. Recordinp, Results For each, measurement, sample, inspection or maintenance activity perfor7ned or collected pursuant to the requirements of this general permit, the permittee shall record the following information: a. The date, exact place, and time of sampling, measurements, inspection or maintenance activity; b. The individual(s) who performed the sampling, measurements, inspection or maintenance activity; C. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Part IV Page 7 of I I Pennit No. NCG020000 The analytical techniques or methods used; and The results of such analyses. 3. Flow Measurements Where required, appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected -and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 ef. seq, the Water and Air Quality Reporting Acts, and to regulations published puisuaht'to'Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring requ ' ired by this general permit, all test procedures must produce minimum detection and reporting levels, and all data generated must be reported down to the minimum detection'or lower reporting level of the procedure. 5. Non-Stormwater DischpMes If a monitored storm event coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters, as -required under'the non-stormwater discharge pen -nit and provide this information with the sformwater discharge monitoring report. 6. Representative Outfall If a facility has multiple d ' ischarge locations with 'substantially identical stormwater discharges that are required,to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be.performed at a reduced number of outfalls. 7. Records Retention Qualitative monitoring shall be documented and records maintained at the facility. Copies of analytical monitoring results shall also be maintained on-site. The permittee shall retain records of all monit ' oring information, including all calibration and maintenance records and,all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports required by this general permit for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 8. 1 n sjyct i gn_gn_d_E_n_t_rY Part IV Page 9 of I I 2. Permit No. NCGO20000 The permittee shall] allow the Director,,or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through, a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the pern-�itte " e's premises where a regulated facility or activity is located or conducted, or where records must, be kept under the conditions of this general permit; b. Have access to and copy, at reasonable times, any records that must be, kept under the conditions of this general pem'u*t;' C. Inspect at reasonable, times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this general permit; and d. Sample or monitor at reasonable times, for the purposes of assuring general permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. D;gl 1100 10 . 4 -1914.1 Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Reporf forms provided by the Director. Submittals shall be received by the Division no later than 30 days from the end of the monitoring period. Documentation of the qualitative monitoring associated with the inifial analytical monitoring event shall be included with the required analytical monitoring submittal for the first year of the permit coverage. Analytical results from sampling during the fi ' nal year of the pennit tenn shall be submitted with the permit renewal application. Submitting Reports Duplicate signed copies of all reports required `-- -�in, shall be submitted to the following address: Part IV Page 9 of 11, )-lemut No. NCG020000 Division of Water Quality Water Quality Section ATTENTION: Files 1617 Mai I Service Center Raleigh, North Carolina 27699-1617 3. Availability.of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on,any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151.6B or in 'Section 309 of the Federal Act. 4. Non-Stormwater Discharg s If the storm event monitored in accordance with this general pen -nit coincides with a non- stormwater discharge, the perrnitte6"shall separately monitor all parameters as required under the non-st I ormwater discharge permit and I provide,this information with the stormwater discharge monitofing report. Planned Changes The permittee shall give notice to the Director'as soon as possible of any planned changes at the permitted facility which could sianificantly alter the nature or quantity of pollutants discharged. This notification requirement includes pollutants which are not specifically listed in the g eneral permit or subject to notificationjequirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of,any planned changes at the permitted facility which may result'in noncompliance with the general permit requirements. 7. ByRass a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit pri ' or notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. b. Unanticipated bypass. The peMittee shall I submit notice within 24 hours of becoming aware of an unanticipated bypass. 8. n g Part IV Page 10 Of I I Pennit No. NCG020000 Division of Water Quality Water Quality Section , ATTENTION: Central Files 1617'Mail Servi ce Center Raleigh, North Carolina, 27699-1617 3. Availabilitv of Reports Except for data determined to be.confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318; all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any- such report may resulvin the imposition of criminal penalties as provided for in NCGS 143-21'5.6B or in Section 309 of the Federal Act. 4. Non-Stormwater Dischgges If the storm event monitored in accordance with this general permit coincides with a non- stormwater discharge, the permittee shal ' I separately monitor all pararnet ' ers as required under the non-stonnwatef discharge permit and'provide this information with the ston-nwater discharge monitoring report. . 5. Planned Changes The permittee shall give notice to the Director as soon as possible,of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged. This.notific,ation requirement ip'cludes pollutants which are not specifically listed in the general perrrtit-or subject to -notification requirements under 40 CFR Part 122.42 (a). 6. 'Anticipated Noncompliance The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which may resul , t in noncompliance with the general permit requirements. NONEMM. a. Anticipated, bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated. quality and affect of the bypass. b. Unanticipated bypass. The permittee sball submit notice within 24 hours of becoming aware,of an unanticipated bypass. 8. Twenty -four -Hour Reporting Part IV Page 10 of I I Permit No. NCG020000 PART V LIMITATIONS, REOPENER This general pen -nit shall be modified,or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), and (d), 304(b) (2) and 307(ay of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a. Contains different conditions or is otherwis e more stringent than any effluent limitation in the general permit; or, b. Controls any pollutant not limited in the general pen -nit. The general permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. PA. -RT VI ADMINISTERING AND,COMILIANCE MONITORING FEE QUIREMENTS- The permittee must pay the administering4nd compliance monitoring fee within 30 (thirty) days after being billed by the Division. ' Failure.to pay the fee in timely manner in accordance with 15A NCAC 2H .01,05(b)(4) may cause this Division to initi ate action to revoke the Certificate of Coverage. Act See Clean Water Act. 2. Arithmetic Mean The arithmetic mean of any set of -values is the summation of the individual values divided by the number of individual values. 3. Allowable Non-Stormwater Discligges This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (a) All other discharges that are authorized by a non-stormwater NPDES permit. I Parts V, VI and VU Page I of 6 I Periiiit No. NCG020000 (b) Uncontaminated groundwater, foundation, drains, air -condi tioner condensate without added chemical s,'spri n gs ' discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. (c) Discharges resulting from fire--figliting or fire -fighting training. 4. Best Management Practices (BMPs Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process; activity, or physical structure. 5. Bypass A bypass is the known diversion of st6rinwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, manufactured pr ' oducts, waste materials or by-products with a single above ground storage container havingz capacity of greater than 660 gallons or with multiple above gyound storage containers located in'close proximity to each other having a total combined storage capacity,of-greater than 1,320 gallons. 7. Certificate of Covera The Certificate of Coverage (QOC) is th'e cover sheet ^ which accompanies the . general permit upon issuanmand lists the facility,name, location, receiVing stream, river basin, effective date of coverage under the pen -nit and is signed,by the Director. 8. Clean Water Act The Federal Water Pollution Contrdt Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DWO The Division of Water Quality, Department of Environment, Health and Natural Resources. 10. Director The Director of the Division of Water Quality, the permit issuing authority. 11. EMC The North Carolina En viro'nmental Management Commission. Part VII Page 2 of 6 Permit No. NCG020000 12. Grab Sample An individual samples collected instantaneously. Grab sam les that will be directly V analyzed or qualitatively monitored must be taken'within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is,plAced in or on land and which is not a land treatment facility, a surface ' impoundment, an injection well, a hazardous waste long-term storage� facility or a surface storage facility. 15. Municipal Separate Storrn Sewer System A stormwater collection system within an incorporated, area of local self-government such as a citybitown. 16. Notice of Intent The state application, form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under.a general permit. 17. Overburden Any material of any nature, consolidated or unconsolidated, that overlies a mineral deposit, excluding topsoil or similar naturally -occurring Surface' materials that are not disturbed by mining operations., 18. Permittee The owner or operator issued a certificate of coverage pursuant to this general permit, 19. Point Source Discharge of Stormwater Any discernible, confined and discrete. conveyanc ' e including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters'of the state.-' 20. Rgpresentative Ston -n Event A storm event that measures greater than 0. 1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm Part VII Page 3 of 6, -A Permit No. NCG020000 event may contain up to 10 consecutive hours:of noprecipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. 21. Rep scntative Outfall Status When it is established that -the discharge of stofmw'ater runoff from a single outfall is representative of the disefiarges,at multiple outfalls, the I)WQ may grant representative outfall status. Representative ou'-"all status allows the permittee to perform analytical moni tori ng at a reduced number ot outfal Is.' 22. Rinse -Water Discharge The discharge of rinse water froni equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and dquipm6nt cleaning areas are process wastewaters and do,n6t include washwaters utilizing 4ny,type of detergent or cleaning agent. 23. Secondary Containment Spill containment for the conte ' nts of the single largest tank within the containment structure plus sufficient freeboard to allow'for the 25 -year, 24-hour storm event. 24. Section 313 Water Prioriti Chemical A chemical or chemical categorywhich: a. Is listed, in 40 CFR 372;165 pursuant to,Section 313 of Title III of the Superfund Amendra ' ents and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold ' levels at a�facility subject to SARA title M, Section 313 reporting requirements; and' C. That meet at least one of the following criteria: , (1) Is listed in appendix D of 40 CFR part 122 on either Table II'(organic priority pollutants), Ta6le,Hl (certain metals, cy'inides, andphenols) or Table IV (certain' toxic pollutants� and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311 (b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA, has published acute or chronic water quality criteria. Part VU Page 4 of 6 Permtit-No- NCG020000 25. Severe Property Damage Means substantial physical damage to property, damage to the control facilities which causes them to become'inoperable; or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused. by delays in production. 1, 1 26. Significant materials Includes, but is not limited to: raw materials;, fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products;'raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical 'the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and Waste products such as,ashes, slag and sludge that have the potential to be released w"ith,stormwater discharges. 27. Significant S12ills Includes, but is,not limited to: releases -of oil or hazardous substances in excess of reportable quantities under sectio' n 311 of the Clean Water Act (Ref. 40 CFR 110. 10 and CFR 117.21) or section 102 of CERCLA (Ref- 40 CFR 3Q2.4). 28. � Stormwater Runoff The flow of water which results from precipitation, and which occurs immediately following rainfall or as a result of snowmelt. 29. Stormwater Associated.with Industrial ActiXily The discharge from any point source which is usedtor'collecting and conveying ston-nwater and which is directly related to manufacturing, proqessing oi- raw material storage areas at an industrial site. Facilities cpnsi l d ered to be engaged in "industrial activities" include those activities defined i n 46 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded frorn,the NPDES program. 30. Stormwater Polluti-- n—vention Plan A comprehensive site-specific plan which details, measures and practices to reduce stormwater pollution and is based on an evaluation, of the pollution- potential of the site. 31. Ten Year.Design Storm The precipitation event of a duration which will 'produce the maximum peak rate of runoff for the watershed of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. � I Part VII Page 5 of 6 �jrcrrnit No. c vzuuuu 32� Total Flow The flow corresponding to tb' -ov6r, 'hich, the, sample colle e,tiffi6 p�riod ction occurs. Total flow shal I be either; (a) measured c6.ntin2uoLisly,-,(�j'�,c�l�u'lated- based on the amount, of area draining to the outfall, the,a'm �on,�(ifiiperviou�) area, and the total Amount of ount ' of, built,-ul rainfall, or (c) estimated by the%ffieasurement.� offloW at.20 minute intetvalsilutin event. g the rainfall 33. Toxic Pollutan Any pollutant listed a's toxic under Section, 307(aY(I) of the Clean Water Act.. '34. Means an exceptional incident in- which th We is unintentional and temporary noncompliance With-lechnol9gy,based permit-effl ' " h "tati' ' ueht irm oifs because offactors beyond the reasonable control of the, permitt6' e.. An -upset doe'& itotinclude n by- ope�t nQncomplia 'ce4o'tho extent cau kd jonal error, impro'Perly designed,treatment or control faci I ities,' inadequate tr�e'itment or control- facilities; lack,of preventive maintenance, or careless or, improper operatign: 35. Vehicle Maintenance Activitv Vehicle rehabilitation, mechanical repa irs, pai.nting'-,fueling', lubrication, vehicle cleaning operations, or airport deic.ing,operAtion'§. 36. Yisible Sedimentation Solid particulate matter,- both mineral and"organic, that has been or is bein transported by water, air, gtavity, or ice from", its site of origin which cin,be seen with,the. unaided eye. 37. 25 -year, 24 hour storm event The maximum 24-ho'ur,precipitation event, 6xpe cted'to be equaled or -'exceeded, on the average, once in 25 years. Part, VII Page, 6,6& 6 A 4�