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HomeMy WebLinkAbout20240215_Modification_92-12_signed 1 4 ROY COOPER = Governor ELIZABETH S.BISER , Secretary WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality February 15,2024 Mr. Brian K.North, PE Martin Marietta Materials, Inc. PO Box 30013 Raleigh,NC 27622 RE: Fuquay Quarry Mining Permit No. 92-12 Wake County Cape Fear River Basin Dear Mr.North: Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted area by 294 acres and decrease the affected area by 29.6 acres. The modification includes the addition of lands west of the existing operation as indicated on the mine map received January 26, 2024. A copy of the modified permit is enclosed. The conditions in the modified permit were based primarily upon the initial application. Modifications were made as indicated by the modification request and as required to ensure compliance with The Mining Act of 1971. The mine name and permit number shall remain the same as before the modification. I would like to draw your particular attention to the following conditions where minor additions or changes were made: 111.2.13, III.3.C, III.4.G, II1.6, 111.1 LB, II I.12, IV, V II I.3. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations lies with you. As a reminder,your permitted acreage at this site is 531 acres and the amount of land you are approved to disturb is 181 acres. Please contact me at(919)707-9220 if you have any questions. Sincerely f I I y V4Mineral, Interim DirectorDivision of Energy Resources TV/ap Enclosures: Mine Permit 92-12 cc: Mr.Bill Denton North Carolina Department of Environmental Quality I Division of Energy.Mineral and Land Resources _ p 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh.North Carolina 27699-1612 AMO&I -a+' 919.707.9200 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL,AND LAND RESOURCES LAND QUALITY SECTION PERMIT For the operation of a mining activity In accordance with the provisions of N.C.G.S. §74-46 through 68,"The Mining Act of 1971,"Mining Permit Rule 15A NCAC 0513,and other applicable laws,rules,and regulations Permission is hereby granted to: Martin Marietta Materials, Inc. Fuquay Quarry Wake County- Permit No.92-12 for the operation of a Crushed Stone Quarry Which shall provide that the usefulness,productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality,hereinafter referred to as the Department,and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However,completed performance of the approved Reclamation Plan is a separable obligation,secured by the bond or other security on file with the Department,and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee.in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise,the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit or is failing to achieve the purposes and requirements of the Mining Act,the Department may give the operator written notice of its intent to modify, revoke or suspend the permit,or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation, or suspension by the Department. Alternatively,and in addition to the above,the Department may institute other enforcement procedures authorized by law. I. Definitions. N.C.G.S. §74-49. Wherever used or referred to in this permit,unless the context clearly indicates otherwise,terms shall have the same meaning as supplied by the Mining Act,N.C.G.S. §74-49. II. Modifications. N.C.G.S. §74-52. March 31, 1988: This permit has been modified to include the revision to the Sediment and Erosion Control Plan dated January 19, 1988,and revised February 4, 1988. May 2, 1990: This permit has been modified to allow the relocation of the entrance road and revisions to the corresponding erosion and sedimentation control measures as per the Mine Plan—Sediment and Erosion Plan revised March 22, 1990. November 21, 1990: This permit has been modified to allow the construction of two vegetated earthen berms along the abandoned railway as per the modification request letter and revised Mine Map—Sediment and Erosion Control Plan dated August 13, 1990,and the supplemental information dated October 22, 1990. November 14, 1995: This permit has been modified to allow the construction of a closed loop settling cell system as indicated on the Mine Map—Sediment and Erosion Control Plan last revised September 28, 1995. May 6, 1996: This permit has been modified to reduce the length of the access road that must be paved from 4,000 feet to 2,000 feet as per the permittee's request. June 13, 1997: This permit has been modified to allow the construction of a new berm and its associated sedimentation control measures as indicated on the 11 x 17 Berm Addition Map and revised Mine Map dated January 23, 1997,and the supplemental information submitted to the Land Quality Section on April 25, 1997. Page 3 November 10, 1997: This permit has been modified to reduce the ground water level monitoring from bimonthly to quarterly. March 10, 1998: This permit has been modified to increase the affected acreage from 75 acres to 150 acres. This modification includes increasing the pit depth to 500 feet, adding approximately 25 acres of future plant/stockpile area(including its associated erosion and sedimentation control measures) as indicated on the mine map dated October 10, 1997,and correcting the permitted acreage(237 acres)to accurately reflect the current conditions at the site. January 18,2002: This permit has been modified to revise the affected acreage to 131.5 acres as indicated on the mine map last revised December 12,2001 and received by the Land Quality Section on January 14, 2002. This revision is a result of better measurement of the site due to new technology. February 11, 2003: This-permit hasbeen modified.to increase the affected acreage to 138.5 acres as indicated on the Mine Map last revised December 12, 2001, and received by the Land Quality Section on January 9, 2003. This modification includes the 7.0 acre expansion of the existing stockpile area to the west and the associated erosion and sedimentation control measures. July 11,2005: This permit has been modified to increase the affected acreage to 144.4 acres as indicated on the Mine Map last revised April 19, 2005. This modification includes the expansion of the tailing/sediment pond and wastepile areas at the site and clarifies the overall affected acreage. June 5,2006: This permit has been modified to increase the affected acreage to 162.8 acres as indicated on the Mine Map last revised April 18, 2006. This modification includes the addition of three berms, a haul/access road with a temporary stream crossing and pit expansion area and the installation and maintenance of all associated sediment and erosion control measures. In addition, the mine map reflects the correct alignment of a tributary of Buckhorn Creek along the edge of the existing pit. December 28, 2006: This permit has been modified to increase the affected acreage to 163.8 acres as indicated on the Mine Map last revised November 19, 2006. This modification includes the addition of a haul/access road with a temporary stream crossing and the installation and maintenance of all associated sediment and erosion control measures. September 8, 2008: This permit has been modified to increase the affected acreage to 210.6 acres as indicated on the Mine Map last revised July 22,2008. This modification includes the expansion of the pit limits and the installation and maintenance of all associated erosion and sediment control measures. July 15,2013: The corporate name has been changed to Martin Marietta Materials, Inc. December 1,2017: This permit has been issued for the life of site or the duration of the lease term. February 15,2024: This permit has been modified to increase the permitted area by 294 acres and decrease the affected area by 29.6 acres. The modification includes the addition of lands west of the existing operation as indicated on the mine map received January 26,2024. The permitted area is 531 acres and the area approved to disturb is 181 acres. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017- 209 and has no expiration date. However, all provisions of N.C.G.S. §74-51 and N.C.G.S. §74-52 still apply for new,transferred,and modified mining permits. III. Operating Conditions. N.C.G.S. V4-51. This Permit shall be subject to the provisions of the Mining Act, N.C.G.S. §74-46, et. seq., and to the following conditions and limitations: Page 4 1. Wastewater and Quarry Dewatering. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C.Environmental Management Commission. B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C.Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. Air Quality and Dust Control. A. Any mining process producing air contamination—emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust-from leaving the permitted area. C. The permanent access (plant entrance)road shall be paved for a minimum of 2000 linear feet from its junction with SR 1119. D. The permanent access(plant entrance)road shall be paved at a minimum from its junction with SR 1118(Tutor Stephens Rd.)to the scale office. 3. Buffer Zones. A. 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. B. A minimum 50 foot undisturbed buffer shall be maintained on both sides of the stream channel located within the pit limits until any necessary approvals have been obtained from the Division of Water Quality and US Army Corps of Engineers before impacting said channel. In addition, a modification request must be submitted to and approved by the Division of Land Resources prior to impacting said channel outlining the proposed disturbance and adequate erosion and sediment control plan. C. All buffer zones shown on the Mine Map last revised January 26,2024,shall be maintained to protect adjoining property. These buffer zones,with the exception of the installation of required sediment control measures and approved earthen berms,shall remain undisturbed. 4. Erosion and Sediment Control. A: Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland, or natural watercourse in proximity to the affected land. B. The erosion and sedimentation control measures associated with the future plant/stockpile area shall be constructed and maintained as indicated on the Mine Map dated October 10, 1997,to prevent off-site sedimentation. C. All mining related activities associated with the expansion of the tailing/sediment pond and wastepile areas shall be conducted as indicated on the Mine Map last revised April 19, 2005,and the supplemental information dated May 31,2005,and June 24,2005. Page 5 D. All mining related activities associated with the additional berms, haul/access road with the temporary stream crossing and pit expansion area, including the installation and maintenance of all associated sediment and erosion control measures, shall be conducted as indicated on the Mine Map last revised April 18, 2006, and supplemental information received by the Land Quality Section on April 20,2006. E. All mining activities associated with the haul/access road and temporary stream crossing for access to the southern pit expansion area including the installation and maintenance of all associated sediment and erosion control measures, shall be conducted as indicated on the Mine Map last revised November 10,2006,and the supplemental information received by the Land Quality Section on November 13,2006. F. All mining activities associated with the renewal of the permit and pit expansion including the installation and maintenance of all associated erosion and sediment control measures shall be conducted as indicated on the Mine Map last revised July 22, 2008, and the supplemental information received by the Land Quality Section on April 9,2008,June 20, 2008,and July 22,2008. G. A11 mining activities associated with the 2024 Modification to increase the permit area to 531 acres including the installation and maintenance of all associated erosion and sediment control measures shall be conducted as indicated on the Mine Map last revised January 26, 2024,and the supplemental information received September 22,2023,December 19,2023, and January 26,2024. H. An erosion and sediment control plan(s)shall be submitted to the Department for approval prior to any land disturbing activities not indicated on the revised erosion control plan or mine maps submitted with the approved application for a mining permit and any approved revisions to it. Such areas include,but are not limited to,expansion outside of the approved pit area,creek crossings,or expansion of overburden or waste disposal areas. 5. Groundwater Protection. Groundwater monitoring wells shall be installed and monitored as deemed appropriate by the Department. A. The observation wells denoted on the Mine Map last revised November 10,2006,shall be monitored at least 30 days prior to initiating any excavations of consolidated material (rock) in the initial pit area to allow for the determination of pre-existing (static) groundwater levels. B. The observation wells shall be drilled wells cased into consolidated rock and grouted to the surface. The wells(boreholes)shall be extended at least 50 feet below static water level, or at least 50 feet into unweathered rock,whichever is deeper. The wells shall be secured against unauthorized entry with a lockable cap. The necessary permits or approvals to construct these wells shall be obtained from the N.C.Division of Water Quality. C. The observation wells shall be monitored quarterly at the same day and approximate time of day. The static water levels shall be measured with an accuracy of plus or minus 0.1 foot and shall be referenced to a datum point and a record of the water levels maintained. The quarterly precipitation and the volume of pit water discharge shall also be recorded. Copies of these records shall be maintained at the site and shall be provided to the Department upon request. Static water level monitoring frequency may be increased or decreased as deemed appropriate by the Department. Page 6 6. Permanently Marked Boundaries. A. All mining permit boundaries shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. B. Before and during site development, limits of disturbance, for any newly disturbed areas, as indicated on the Mine Maps revised January 26, 2024, shall be marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 7. Graded Slopes and Fills. A. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event,exposed slopes or any excavated channels,the erosion of which may cause off-site damage because of siltation, shall be planted, or otherwise provided with groundcover,devices,or structures sufficient to restrain such erosion. B. Overburden cut slopes along the perimeter of any pit expansion conducted after November 14, 1995, shall be graded to a 2 horizontal to 1 vertical or flatter and shall be stabilized within 60 days of completion. Furthermore, a minimum ten (10) foot wide horizontal safety bench shall be provided at the top of the rock and at the toe of any overburden slope constructed after November 14, 1995. C. Overburden cut slopes along the perimeter of the pit shall be graded to a 2 horizontal to 1 vertical or flatter and shall be stabilized within 30 days of completion. 8. Surface Drainage. The affected land shall be graded so as to prevent collection of pools of water that are,or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 9. Blasting. A. The operator shall monitor each blast with a seismograph located at a distance no farther than the closest off site regularly occupied structure not owned or leased by the operator. A seismographic record including peak particle velocity, air overpressure, and-vibration frequency levels shall be kept for each blast(except as provided under Operating Condition Nos.III.9.0 and III.9.E of this permit).The following blasting conditions shall be observed by the mine operator to prevent hazard to persons and adjacent property from surface blasting: B. In all blasting operations,the maximum peak particle velocity of any component of ground motion shall not exceed Figure 9-1(below) at the immediate location of any regularly occupied building outside of the permitted area such as a dwelling house, church, school, or public,commercial,or institutional building. Page 7 Figure 9-1-.411owable Peak Particle i'elocity br Frequencv 10.0 10.0 m 2.0 2 intsec } 2.0 1.5 1 f 0.75 inlsee .3 0.7 to 0.6 ; 0.6 a $• O.s 0.4 1 O.a 0.3 ' 0.3 E 0.2 1 1 11 0.2 X F 1 i 0.1 1 4 10 20 1n 100 Slant Vibration Frequency, HZ Figure I Alternative blasting level criteria (Source modified from figure B-1. Bureau of Mines R 1 850 f) C. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: W=(D/DS)2 (EQ. 8.1) DS=D/Wi/2 (EQ. 8.2) V= 160(Ds)-1.6 (EQ. 8.3) W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator. (feet). Ds = Scaled distance factor. V = Peak Particle Velocity(inches per second). The peak particle velocity of any component shall not exceed 1.0 inch per second, for the purposes of this Section. Page 8 D. Air blast overpressure resulting from surface blasting shall not exceed 129 decibels linear (dBL)as measured at the immediate location of any regularly occupied building not owned or leased by the operator outside of the permitted area such as a dwelling house, church, school,or public,commercial, or institutional building, unless an alternate level based on the sensitivity of the seismograph microphone as specified below is being used: Lower Frequency Limit of Measuring System(Hz) Max Level(dBL) 0.1 Hz or lower-flat response 134 peak 2.0 Hz or lower-flat response 133 peak 6.0 Hz or lower-flat response 129 peak E. In the event of seismograph malfunction or other condition which prevents monitoring, blasting shall be conducted in accordance with the following formulas: U = 82 (D/Wo.33)-1.2 (EQ 8.4) To convert U(psi)to P(dBL): P=20 x log(U/2.9x10-9) (EQ 8.5) Confined Air blast/Overpressure(dBL)for quarry situation: A= P- 35 (EQ 8.6) U = Unconfined air overpressure(pounds per square inch). W = Maximum charge weight of explosives per delay period of 8.0 milliseconds or more(pounds). D = Distance from the blast site to the nearest inhabited building not owned or leased by the mine operator(feet). P — Unconfined air overpressure(decibels). A = Air blast or air overpressure for typical quarry situations(decibels). The air blast/overpressure shall not exceed 129 decibels,for the purposes of this Section. F. The operator shall maintain records on each individual blast describing: i. date and time of the blast. ii. the total number of holes. iii. pattern of holes and delay of intervals. iv. depth and size of holes. V. type and total pounds of explosives. vi. maximum pounds per delay interval. vii. amount of stemming and burden for each hole. viii. blast location. ix. distance from blast to closest offsite regularly occupied structure. Page 9 X. weather conditions at the time of the blast. Records shall be maintained at the permittee's mine office and copies shall be provided to the Department upon request. G. If ground vibration or Air blast limits are exceeded, the operator will immediately report the event with causes and corrective actions to the Department. Use of explosives at the blast site that produced the excessive reading shall cease until corrective actions approved by the Department are taken. However,blasting may occur in other approved areas within the permitted boundary. Authorization to blast at the blast site may be granted at the time of the verbal reporting of the high ground vibration or high air blast reading if the circumstances justify verbal approval. Failure to report will constitute a permit violation. H. The operator shall take all reasonable precautions to ensure that flyrock is not thrown beyond areas where the access is temporarily or permanently guarded by the operator. Failure to take corrective measures to prevent flyrock and repeated instances of flyrock shall be considered a violation of the Mining Permit. I. Should flyrock occur beyond the permitted and guarded areas, the operator shall immediately report the incident to the Department. Further use of explosives on the mine site shall be suspended until the following actions have been taken: i. A thorough investigation as to the cause(s)of the incident shall be conducted. ii. A report detailing the investigation shall be provided to the Department within 10 days of the incident. The report shall,at a minimum,document the cause(s)of the incident along with technical and management actions that will be taken to prevent further incidents. The report shall meet with the approval of the Department before blasting may resume at the mine site. J. The operator shall provide to the Department a,copy of the findings of any seismic studies conducted at the mine site in response to an exceedance of a level allowed by these blasting conditions. The operator shall make every reasonable effort to incorporate the studies' recommendations into the production blasting program. K. The operator shall,when requested by the Department,give 24-hour advance notice to the Division of Energy,Mineral and Land Resources' Regional Office prior to any blast during a period for which notice is requested. 10. Highwall Barrier A physical barrier consisting of large boulders placed end-to-end or fencing shall be maintained at all times along the perimeter of any highwall to prevent inadvertent public access. In addition, a minimum 10 foot wide horizontal safety bench shall be provided at the junction between the top of rock and the toe of any overburden cut slope constructed after November 14, 1995. 11. Visual Screening. A. Existing vegetation shall be maintained.between the mine and public thoroughfares to screen the operation from the public. Additional screening methods,such as constructing earthen berms,shall be employed as deemed appropriate by the Department. B. Vegetated earthen berms shall be located and constructed as shown on the Mine Maps last revised January 26, 2024. In addition to grasses, long leaf and/or Virginia pines or other acceptable evergreen species shall be planted as deemed appropriate by the Department to improve visual and noise buffering. Page 10 12. Buffer Between Mining Permit Boundaries and/or Right-of-ways. Sufficient buffer,as indicated on the Mine Maps last revised January 26,2023,shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 13. Refuse Disposal. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of-Energy,Mineral and Land Resources,Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by N.C.G.S. §74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under N.C.G.S. §74-49(14)of the N.C. Mining Act of 1971): i. on-site generated land clearing debris. ii. conveyor belts. iii. wire cables. iv. v-belts. V. steel reinforced air hoses. vi. -drill steel. D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: i. the approximate boundaries and size of the refuse disposal area. ii. a list of refuse items to be disposed. iii. verification that a minimum of 4 feet of cover will be provided over the refuse. iv. verification that the refuse will be disposed at least 4 feet above the seasonally high-water table;and, V. verification that a permanent vegetative groundcover will be established. E. Used, clean concrete shall only be allowed on permitted quarry sites that have obtained a valid air permit and are allowed to operate crushing operations for the purposes of recycling and reuse provided that the following conditions are met: i. Appropriate quality control measures shall be taken when the used concrete arrives onsite to ensure that all such concrete processed onsite is clean, inert material. ii. Used,clean concrete shall be temporarily stockpiled and processed within existing approved affected areas draining to existing approved erosion and sedimentation control measures. Page 11 iii. No used,clean concrete material shall be permanently disposed of onsite. iv. Any foreign material that may be found within the used concrete must be separated from the concrete and properly recycled or disposed off-site. IV. Annual Reclamation Report and Annual Operating Fee. N.C.G.S. An Annual Reclamation Report and Annual Operating Fee of$400.00 shall be submitted to the Department by September 1 of each year until reclamation is completed and approved for release by the Department. V. Prior Approval Required for Plan Modification. N.C.G.S. §74-52. 1. Requirements for Plan modifications. A. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on- site implementation of the revisions. B. A minimum 50 foot undisturbed buffer shall be maintained on both sides of the stream channel located within the pit limits until any necessary approvals have been obtained from the Division of Water Quality and US Army Corps of Engineers before impacting said channel. In addition, a modification request must be submitted to and approved by the Division of Land Resources prior to impacting said channel outlining the proposed disturbance and adequate erosion and sediment control plan. VI. Bonding. N.C.G.S. §74-54. The security,which was posted pursuant to N.C.G.S. §74-54 in the form of a$1,000,000.00 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. VII. Archaeological Resources. N.C.G.S. §70-3. 1. Minimum Requirements. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N.C.G.S. §70-3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act,"should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist,North Carolina Division of Archives and History. VIII. Approved Reclamation Plan. N.C.G.S. §74-53. The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally,the Reclamation Plan is a separable obligation of the permittee,which continues beyond the terms of the Mining Permit. To comply with N.C.G.S. §74-53 the approved plan will provide: Page 12 l. Minimum Standards. A. The final slopes in all excavations in soil,sand,gravel,and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. B. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. C. All overburden and'spoil shall be left in a configuration which is in accordance with accepted conservation practices,and which is suitable for the proposed subsequent use of the land. D. No small pools of water shall be allowed to collect or remain on the mined area that are,or are likely to become noxious,odious,or foul. E. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. F. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan,which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. 2. Reclamation Conditions. A. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to allow the quarry excavation to fill with water,provide a permanent barricade(fence) along the top of any high wall, and grade and revegetate any areas in unconsolidated material. B. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: i. All areas of unconsolidated material such as overburden or waste piles shall be graded to a 2 horizontal to 1 vertical or flatter slope and terraced as necessary to insure slope stability. ii. Any settling ponds and sediment control basins shall be backfilled, graded, and stabilized or cleaned out and made into acceptable lake areas. iii. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. iv. Compacted surfaces shall be disced, subsoiled, or otherwise prepared before revegetation. V. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Conditions Nos. III.13.A through I I I.13.D. vi. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan. After site preparation, all disturbed land areas shall be revegetated as per the Revegetation Plan included on the Details Sheet of the Mine Maps received January 26,2024 Page 13 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass,bluestem, and gamma grass. In addition,the permittee shall consult with a professional wildlife biologist with the N.C.Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan. Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. IX. Issuance and Modification Summary. N.C.G.S. §74-51 and §74-52. This permit,issued July 17, 1987, modified March 31, 1988, May 2, 1990,November 21, 1990,November 14, 1995, May 6, 1996,June 13, 1997 and November 10, 1997,renewed and modified March 10, 1998,and modified January 18, 2002, February 11, 2003, July 11, 2005, May 5, 2006 and December 28, 2006, simultaneously renewed and modified September 8, 2008, changed corporate name July 15, ,20013 and modified December 1, 2017 is hereby m ified this 15th day of January 2024 and pursuant to N.C.G.S. §74-52. • C F v: William E.Toby Vinson Jr., Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality NOTICE REGARDING THE RIGHT TO CONTEST A MINING PERMIT DECISION Right of Persons Aggrieved to File a Contested Case for the Issuance of,or Modification to,a Mining Permit: Pursuant to NCGS 74-61 and NCGS 150B,Article 3,a party or person aggrieved may file a contested case by filing a petition under NCGS 150B-23 in the Office of Administrative Hearings within 30 days after the Division makes the decision and posts the decision on a publicly available website. General Filing Instructions: A petition for contested case hearing must be in the form of a written petition, conforming to NCGS 15013-23, and filed with the Office of Administrative Hearings, 1711 New Hope Church Road,Raleigh NC, 27609, along with a fee in an amount provided in NCGS 15013-23.2. A petition for contested case hearing form may be obtained upon request from the Office of Administrative Hearings or on its website at https://www.oah.nc.gov/hearings-division/filing/hearing-forms. Additional specific instructions for filing a petition are set forth at 26 NCAC Chapter 03. Service Instructions: A party filing a contested case is required to serve a copy of the petition, by any means authorized under 26 NCAC 03 .0102,on the process agent for the Department of Environmental Quality: William F. Lane,General Counsel North Carolina Department of Environmental Quality 1601 Mail Service Center Raleigh,North Carolina 27699-1601 If the party filing the petition is a person aggrieved other than the permittee or permit applicant,the party must also serve the,permittee in accordance with NCGS 15013-23(a). Be aware that other rules or laws may apply to the filing of a petition for a contested case. Additional information is available at httgs://www.oah.iic.p Please contact the Office of Administrative Hearings at(984) 236-1850 or oah.postmasterCtoah.nc.gov with all questions regarding the filing fee and/or the details of the filing process.