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HomeMy WebLinkAboutNCG020669_COMPLETE FILE - HISTORICAL_20151221STORMWATER DIVISION CODING SHEET RESCISSIONS PERMIT NO. i DOC TYPE ❑COMPLETE FILE -HISTORICAL DATE OF RESCISSION ❑ n2O/S f�ZL YYYYMMDD Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY December 21, 2015 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7013 2630 0001 8990 2951 Mr. Brent Caudle Barnhill Contracting Company PO Box 7948 Rocky Mount, North Carolina 27804 RE.- School Road Pit Permit No. 08-21 Bertie County Roanoke River Basin Dear Mr. Caudle: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary TRACY DAVIS Director An inspection was made of -the above mine on December 9, 2015 in accordance with G.S. 74-56 of the Mining Act of 1971. The mine was found to be satisfactorily reclaimed. Therefore, your company is released from further reclamation responsibility for this site with respect to the Mining. Act of 1971. Thank you for your cooperation in this matter. Sincerely, J � et S. Boyer P tate Mining Specialist and Quality Section JSBIjw cc: Mr. Richard Peed Mr. William Gerringer-DOL, Mine and Quarry Bureau Mr. Bradley Bennett State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 N. Salisbury St. f Raleigh, NC 27699 919 707 9200 T OF W A TF, Michael F. Easley, Governor �Ot 61 William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 7 � -C Alan W, Klimek, P.E. Director Division of Water Quality Division of Water Quality Water Quality Section 1617 Mail Service Center Raleigh, NC 27699-1617 April 21, 2006 To: Wesley Brown Fax: (252) 823-0137. From: Aisha Lau Phone: (919) 733-5083 ext. 578 Fax: (919) 733-9612 4 pages, including this cover'sheet. Comments: Dear Wesley, Following you should find a copy of the cover letter, certificate of coverage, and vicinity map for your School Road Pit located in Bertie County that was issued today. A hard copy is in the mail to your attention in Tarboro. If you have any questions feel free to call me. Sincerely, 1� Aisha H. Lau One Np)rhCarolina �'1it�rrrr�l� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699.1617 Phone (919) 733-7015 Customer Service Internet: h2o.encstate.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (9I9) 733-2496 1-877-623-6748 An Equal Opportune y/Affirmative Action Employer — 50% Recycted110% Post Consumer Paper o�pF w A rFq pG Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources To: Jeff Will Fax: (252) 335-7452 From: Aisha Lau Phone: (919) 733-5083 ext. 578 Fax: (919)733-9612 4 pages, including this cover sheet. Comments: Dear Jeff, Division of Water Quality Water Quality Section 1617 Mail Service Center Raleigh, NC 27699-1617 April 21, 2006 Alan W. Klimek, P.li, Director Division of Water Quality Following you should find a copy of the cover letter, certificate of coverage, and vicinity map for your School Road Pit located in Bertie County that was issued today. A hard copy is in the mail to Wesley Brown's attention in Tarboro. If you have any questions feel free to call me. Sincerely, 4,- ell)- Y 4 Aisha H. Lau NOnc h Carolina ,/ ati orally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Service Internet: h2o.enrstate.nc.us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled110% Post Consumer Paper Michael F, Easley, Governor William G. Ross Jr., Secretary North Carolina Department o1' Environment and Natural Resources Alan W. Klimek, P.E. Director Division ol' Watcr Quality April 21, 2006 Mr. Wesley Brown Barnhill Contracting Company 2311 N. Main Street Tarboro, NC 27886 Subject: General Permit No. NCG020000 School Road Pit COC No. NCG020669 Bertie County Dear Mr. Brown: In accordance with your application for a discharge permit received on December 1, 2005 we are forwarding herewith the subject certificate of coverage (COC) to discharge under the subject state — NPDES general permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to request an individual permit by submitting an individual permit application., Unless such demand is made, this certificate of coverage shall be final and binding. Please take notice that this certificate of coverage is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the certificate of coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act or any other federal or local governmental permit that may be required. If you have any questions concerning this permit please contact Aisha Lau at telephone number (919) 733-5083 ext. 578. Sincerely, ORIGINAL SIGNED BY BRADLEY BENNETT Alan W. Klimek, P.E. CC' Washington Regional Office Central Files Stormwater Permitting Unit Files Attachments One No hCarolina �firrrrl�� North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-7015 Customer Scrvice Internet: h2o.enr.state.nc.us 512 N. Salisbury St, Raleigh, NC 27604 FAX (919) 733-2496 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NO. NCG020000 CERTIFICATE OF COVERAGE No. NCG020669 STORMWATER, MINE DEWATERING, AND/OR OVERFLOW FROM PROCESS WATER RECYCLE SYSTEMS DISCHARGES 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, Barnhill Contracting Company is hereby authorized to discharge stormwater and to operate or continue operation of treatment systems and discharges associated with mine dewatering overflow from a facility located at School Road Pit State Road 1257 Windsor Bertie County to receiving waters designated as the Cashie River, class B SW water, in the Roanoke River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, 111, IV, V, VI and VI of General Permit No. NCG020000 as attached. This certificate of coverage shall become effective April 21, 2006, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day April 21, 2006. ORIGINAL SIGNED BY BRADLEY BENNETT Alan W. Klimek, Director Division of Water Quality By Authority of the Environmental Management Commission - ,R,. .Y- • / I _ /ja' ` t I /y (\ 0 ^"•--s ae p +� tt { � � $tea • l? l ��. k �� \.f , �.a►. -J •, jam'_ � j - a�a s p � #� Ch ri ``�^ .1 �• ,1 M W�;' J_ _,�;��@�� �s d¢.�,a f`>��II�,...�'°e %= \,\�� Ya _-�3ti'fl •CCtI'1. ,'�,._ ..�..t ,4'4 �, _.. ff7fi � �i ! � 1 -(� *'^. -� _./��i � �v' � � I � � 4 a I, ��• f '"//�•,, 1 - ��.^.%♦ i_r \.'� -�,s:� `_:..., � {r_,;��; .%�"-�' _��. c..sa��C'� p a — ice• a .y a �°'4z� M 7 � Y. � � �.' �.r..� r'"' �� '! 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' }�" �� F•���_,µf — r..Y i Ciaar Fork L,upyrignc (uj 1 aati, Maptech, Inc. ! - A Markers Name: NCG020669 - Barnhill Contracting Co. - School Road Pit Short Name: NCG0.20 Coordinates: 036' 02' 56.29" N. 076' 58' 44.08" W Comment: NCG020669, Barnhill Contracting Co. - School Road Pit., subbasin 03-02-10, Roanoke, Bertie County, Cashie River, Class B, SW, C31SW i FOR AGENCY USE ONLY Division of Water Quality / Water Quality Section NCDENR National Pollutant Discharge Elimination System Nc— C� CVO .E- or Ei.v,woeir+ar N+o wvw.y geaounw NCG020000 NOTICE OF INTENT Permit National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC' 14 Mineral Mining Industry (except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits) 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 on the site of such operations • Stormwater from vehicle maintenance activities at mining operations; overflow from facilities that recycle process wastewater; and/or mine dewatering The following activities are specifically excluded from coverage under this General Permit: so • Peat mining, coal mining, and metal mining M CD• am Stormwater discharges from mining operations which are intermixed on site with storms frqmas haft operations, and oil and pas extraction operations r°� M �D I!! OA G • Standard Industrial Classification lion Code,,. _ N (Please print or type) m � 1) Mailing address of ownerloperator: Name Street Address Z3f1 City la.r oN NC- State Z/i_ ZIP Code 21kr(+ Telephone No. 215z �;'23/oZ J Fax: Z 5^2 _ r1 - a 3 7 Address to which all permit correspondence will be mailed 2) Location of facility producing discharge: Facility Name l+cc ( . dt /p/ Facility Contact T crh %►t I i _f�� rrcau�_�N: f Jt.S Street Address S 2 City Utn.�e2 _ State. /VC- ZIP Code County —6c t Telephone No. _,2 r� I _ Fax: 2 f2 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbe distance and direction from a roadway intersection). wt-u�._5,,e- �3-�V�&eq-& (A copy of a county map or USGS quad sheet with facility clearly located on the map is required to be submitted with this application) Page 1 of 4 SWU-217-101701 I NCG020000 N.0.1. 4) This NPDES Permit Application applies to which of the following : IR"'New or Proposed Facility Date operation is to begin S"2'a _ ❑ Existing 5) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial activity at this facility SIC Code. 6) Provide a brief narrative description of the types of minerals mined at this facility: S'41N_ 7) Discharge Points: Number of discharge points (ditches, pipes, channels, etc. that convey discharges from the property): Stormwater: �� Mine dewatering: / Process Wastewater Overflow: short irr 8) Receiving waters: of What is the name of the body or b ies of water ( ek, stream, river, lake, etc.) that the facility stormwater discharges end up in? ��sl,. ewe If the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). 9) Does this facility have any other NPDES permits? P-No ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 10) Does this facility have any Non -Discharge permits (ex: recycle permits)? Q< ❑ Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: 11) Does this facility employ any best management practices for stormwater control? ❑ No 2KYes /� If yes, please briefl describe: _ �n ri,,41 1 i''z+re A,4/ Ze Y, _ 12) Does this facility have a Stormwater Pollution Prevention Plan? 2r�No ❑ Yes If yes, when was it implemented? 13) Are vehicle maintenance activities occurring at this facility? 1'No ❑ Yes 14) Are mine dewatering discharges occurring? No ❑ Yes Page 2 of 4 5WU-217-101701 NCG020000 N.O.I. 15) Are discharges of overflows from process wastewater treatment systems occurring? No ❑ Yes If yes, answer the following questions on the wastewater treatment system: a) Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail and design criteria or operational data should be provided (including calculations) to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] Note: Construction of any wastewater treatment facilities require submission of three (3) sets of plans and specifications along with their application. Design of treatment facilities must comply with requirements 15A NCAC 2H .0138_ If construction of wastewater treatment facilities applies to the discharge of process wastewater, include three sets of plans and specifications with this application. b) Does this facility employ chemical additives to flocculate suspended solids? ... __ .—rYN4__..... ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive c) Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? Coo ❑ Yes 16) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? b No ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? Q'No ❑ Yes c) Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste generated per month) of hazardous waste? ❑ No ❑ Yes A p d) If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: T How is material stored: Where is material stored:_ How many disposal shipments per year: Name of transport / disposal vendor:_ Vendor address: 17) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine Page 3 of 4 SWU-217-101701 NCG020000 N.O.I. --not-to exceed-$10;000, or by imprisonment nouto-exceed six -months, -or by -both. (18-U-S:C: Section 1001-provides a punishment by a fine of not more than $10,O00 or imprisonment not more than 5 years, or both, for a similar offense.) I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. 1 agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. =3.. —=1=agree-that=bulk=storage-of=petroleum products and other chemicals -shall -have. adequate. protection so as to contain all spills on the site. 4.—I_agree:that-solid-wastes-will,be: disposed-of.in.accordance-with, N.C.. statutes_and_rules governing solid waste disposal. 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. I agree to abide by the provisions as listed above and recognize that the provisions are to be considered as enforceable requirements of the General Permit I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief such information is true, complete, and accurate. — Printed Name of Person Signing: Title: &Y"t nm' r (Signature of . // -SO - ar (Date Signed) Notice of Intent must be accompanied by a check or money order for $80.00 made payable to: NCDENR Final Checklist This application will be returned as incomplete unless all of the following items have been included: ❑ Check for $80 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy of the valid approved mining permit for the facility ❑ Copy of county map or USGS quad sheet with location of facility clearly marked on map Mail the entire package to: Stormwater and General Permits Unit Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the issuance of an NPDES permit. Page 4 of 4 SWU-217-101701 ' jjj I 'r • h . i ` 1 ` ` nil _.- �; : I _l • r`! !r ,'/ _ - i I i i � �.�` a .o wrlh �4'.c l...w, s ` is ♦ b ] �^"t9.ua. i L $,ly , 45 - 1 i' 17 I:.Ipp71' •° I s.,:aw . , �' ,} ` � ` ' `' _ •' - - �,. aa+ 1 `' f a0� r w .+ j _ CCI 1 _:.h,�: _•�ti. I - ha h �Ty.- 1 11 r ` , ; i " •'! - - lurrv. a 6 s �r pcml 3118 'NLM B MWw1 E &--E11 p+ nANA7 ;; - ``,. '/i . v. _ - .Ab, k= =C •� 1, - - _ k [.A.6. rh�f lb 13 45 w. + rya:•.. t•..,r �' ` l a•� ` o•'..rl I �b ; . +dr `-- f I 308 � I - - - - - - P - 7II � Y'" .•+id..i � S'°� Sa.t1 I r �•h � / tiJ m W,, .. , `,• ` •��f0.,�-.,V'- ..� . -�'l ` rr '� Ln. F� - - - ::S �aiC�l[N 1, BATCHELOR[ , gd al QVi4dIJv; llpp,Rp i . •1 _ _ [ms� BAY c •�1.+1 �� /� � • -._t5 . r} I � frr Rlvl+v5v 4ti,cr V!rctlan� � '.�� � ' � � - f _ �` -... - I � � � � - - .. .. 'GAME- '4 � I 1 \ ',` /� [vnin• 1af. d' � i\1 ! i � _ `\•,. .. - 5\ � � +y ! w 71 45 rfi ` � �. n(425J• I �'�=' ❑nrd4¢rowel pirnnn� �y.- \� f•' � _ � \ �, r Plyml,utL �/• -4g �IA U.1i f r! y `. Alai � , .. 32 •�• .II f' �' V t__C� 64 45 '. +, !}lp - _ - lamlaNik lwM lu m d • .. �� ��— J �_ \ II / ;� i ` � I as c"— --:-,'`Jl% � .•.� j -..___ - -------� - :f t�- _ - __..._._ . Via_-_ _- Ch Ilk Ikn az Cam.'--`� '/'' - , _ _ .!� � Cc:•1, �: .mot P by,� ff 'r I '^_ .. _ - ' , '^'e'>P•--- I _ 1. �g _ Yr fl 14gh Sc11 ' i'•-!j 1 - - � * `� `'•ix.5efirlpit �i — iir � � rr t �(--- �fr�- ;}ill '�� —" •�` + /' -.-_ �- ;f.( ;- %�=��•- • if ` i -- — /': :• !per +' } , �`l .�; l Water 1,� 't rS,� �\ /� .� -�1f i..., 1 _ `j' .EJyaw•ood' \\\ s r ��� \• ` _., •esT r..E�i `�, .,`�J, rl w �� �I Yri it • \ -\• °� •. _ Coovhght (C) 1997. Maptech, Inc. y A � A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist November 16, 2005 Mr. Wesley Brown Barnhill Contracting Company 2311 North Main Street Tarboro, North Carolina 27886 RE: School Road Pit Bertie County — Roanoke River Basin Dear Mr. Brown: Michael F. Easley, Governor William G. Ross Jr, Secretary The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As your company already has a blanket bond sufficient to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 08-21 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on November 16, 2015. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement - of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 22.2 acres and the amount of land you are approved to disturb is 18.2 acres. Within 30 days of issuance of this permit, please provide this office with two copies of a revised mine map that includes the stipulations listed in Operating Condition No. 4C. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sinc rely, Floy R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/jw Enclosures cc: Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DQL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 / PAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled I t0°/o Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Barnhill Contracting Company School Road Pit Bertie County - Permit No. 08-21 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: November 16, 2015 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached -to and incorporated as part of this permit', provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation --Plan-However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to -the -permitted -operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to --modify•the,.Reclamation-Plan-as-incorporated-in-the-permit.-.T_he-operator_shall-have_.right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until November 16, 2015. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations or into the sediment basins. C. Mining activities shall be conducted as indicated on the mine map dated October 1, 2005 and supplemental information received by the Land quality Section on October 31, 2005 with the following stipulations: (1) a minimum four foot high, four strand barbed wire fence shall be installed along the permit boundary that parallels SR 1275 and, (2) a minimum 50 foot undisturbed buffer shall be provided on both sides of the existing drainage ditch that is located between the 3.2 and 4.2 acre areas indicated on the mine map dated October 1, 2005 and along the drainage ditch on the south side of the proposed mine site. 5. All mining permit boundaries (22.2 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which Page 4 may cause off -site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. A. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. B. A minimum four foot high, four strand barbed wire fence shall be installed along - - the-permit-boundary=that;parallels=SR=1,2-75. �_9--Sufficient_buffer_(minimum_of,25.foot.unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on -site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on -site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on -site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: the approximate boundaries and size of the refuse disposal area, Page 5 2. a list of refuse items to be disposed; 3— ----verification that-a.minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the. seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department -by February 1-of-each year until reclamation is completed -and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained--iri the approved -application -fora-- mining permit or -..any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on - site implementation, of -the -revisions.— 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 blanket bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological .-resOLlrces. - ---�—_ -- -- --- — - _-- B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As -Provided By G.S. 74-53 The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be cons istent-with°the°future?:use�of=the land .---- - 2.--==P-rovisions=for-safety-to-persons-and_to=adjoining.property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical -or flatter to —the —water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On -site _- disposal of waste shall -be in -accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul ---,......___.water=— --- ..__T.. — 3. = Reve etation-Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15 - April 1 Kobe Lespedeza 10 - Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1 - July 31 Common Bermuda 50 August 1 - October 25 Lespedeza (unscarified) 30 German millet 40 October 25 - February 15 Rye (grain- temporary) 120 Soil Amendments Lime: 2000 lbslacre or follow recommendations from a soil test. Fertilizer: 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch: All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, biuestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post -project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or -- ..termination -of mining of any -mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. ----------------Permit-issued-this 1.6th day -of -November, 2005. I M 2 91WOld James D. Simons, Director rr Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Barnhill Contracting Company to conduct mining activities off SR 1257 in Bertie County. The mining permit (no. 08-21) was issued on November 16, 2005. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a_contested_case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. 11013W,xf4���� Jam s D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on Brenda Harris Mining Program Secretary SCHOOL ROAD PIT 22.2 Ac, barbed wire fence construction entrance \ sK. fence construction entrance permit boundary S� 51 / barbed wire fence t 25' unexcavated buffer 1 Isting ditch I yp, 4 J QteC1 ZSune'`c silt permit boundarA�buff-Nrr 25' unexcavated 3.4 c /\ 2.5 ac, 4.2 ac, \ 3,2 a / silt fe i ditch Basin #2 LOlx51x4 w/10' weir Basin #1 \ / 90x45x4 w/8' weir permit boundary existing ditch \ Basin #5 /8 w' weir /8weir Basin #4 ® 62x31x4 � 4/10' weir Pit Name- School Road Pit County- Bertle Date. Revised 11/30/05 Basin #3 Scale, 1'=100' Drawn Byi Vesley Brown 54x27x4 w/$' weir '�oa�cnw moo1PANY