HomeMy WebLinkAbout20221128_ADI_Response -AVEQUINOX
37 Haywood Street,Suite 100
Asheville,NC 28801
828.253.6856
November 28,2022
Adam Parr
Assistant State Mining Engineer
Division of Energy,Mineral and Land Resources
North Carolina Department of Environmental Quality
Dear Mr. Parr,
We have reviewed your comments on the application that was originally submitted for the Barts Place
mine site. Additional and revised information requested in your comments is provided below in red.
Furthermore, also attached is an updated permit application that contains more comprehensive responses
complete with the requested maps and supplemental information that was lacking in the initial
submission. We appreciate your time and consideration of the following responses:
1. Please clarify the response to question A.1 on pg. 2 of the mine permit application. The response
indicated that the acreage to be covered by the mine permit is 50 acres. Of that 50 acres to be
covered by the permit how much is owned. The current response indicates an acreage larger than
what is being permitted.
Following updated fieldwork, measurements, and resulting calculations, the Mine Permit Area
has been changed. The mine permit area will cover 65.50 acres, all of which is owned outright by
the landowner, William Barton Campbell; for clarification purposes, the mine permit area falls
within three larger tracts all owned by William Barton Campbell.
2. Please clarify the response to question A.1 on pg. 2 of the mine permit application and the total
permitted acreage listed on page 4 of the mine permit application where 50 acres are indicated to
be permitted. This 50 acre response does not match the 50.7 acre perimeter boundary shown on
the mine maps.
That discrepancy has been corrected following updated mapping and calculations.. The mine
permit area is 65.50 acres and contains both Affected and Unaffected Areas as shown on the
attached Mine Map.
3. Please clarify the response to question A.5 on pg. 3 of the mine permit application where it was
indicated that none of the area was mined in the past. This response is not consistent with the
enclosed NOV that was issued on July 12, 2022.
The landowner previously allowed a similar harvesting operation to take place from
approximately 2007-2015. To the best of our knowledge, the previously mined areas are mostly
if not entirely contained within the proposed mine permit area. It should be noted that timber
harvests of varying size, extent,and purpose have been routinely conducted across the entirety of
the properties for the past 100 years, thus there are extensive road networks existing within and
extending well beyond the Mine Permit Area boundary, some of which are used by the mining
operation to access existing and future harvest areas.
-AVEQUINOX
37 Haywood Street,Suite 100
Asheville,NC 28801
828.253.6856
4. Please clearly identify and label on the mine map the facility storage sheds, and petroleum tank as
indicated in question 12 on pg. 10 of the mine permit application.
The initial response was flawed; there are no storage sheds nor is there any petroleum stored
onsite. Petroleum is brought in via an in-bed tank on a pickup truck and machines are refueled at
the lower stockpile.
5. Please provide proof, such as copy of the signed return receipts from certified mail,that all
adjoining landowners and chief administrative officer of each county and municipality have been
properly notified. Please provide proof for Edwin D Underwood III&Carolyn Collins
Underwood; James R Boyd Sr Heirs; and James Burgin Clayton&James Patrick Clayton.
Scanned copies of the certified mail receipts to the aforementioned parties are attached.
6. Please provide additional detail and clarify the size of a"medium size excavator"and"medium
sized tracked truck"as indicated in your response to question C.1 on pg. 6 of the mine permit
application.
Medium sized excavator details: 18,600 lbs, 23' max reach; 12,000 lbs and 12' max reach.
Medium sized track truck details: 12,000 lbs and max 4 tons; Photographs of equipment are
included as an attachment.
7. Please clearly identify and label on the mine map the 25 foot buffer from the mining activity and
the permit boundary as indicated in your response to question C.5a on pg. 8 of the mine permit
application.
A 25' buffer(setback)to the mine permit boundary is depicted on the attached figure.
8. Please clearly identify and label on the mine map the 50 foot buffer to any streams as indicated in
your response to question C.5b on pg. 8 of the mine permit application.
Buffer has been identified and labeled on attached maps.
9. Please clearly indicate and label on the mine map all haul roads. Current maps only show a single
haul road along the west side of the permit boundary. Site inspections and aerial imagery show
haul roads that extend up the mountain.
There is only one main haul road used for hauling mined materials downslope to the stockpiles;
this was the only road viewed by inspectors during the site inspection and is the only road used to
haul materials.The roads that were observed via aerials are not haul roads but are segments of old
logging roads from which boulders are harvested. Thus, they are accessed mostly by the
excavators, and only minimally by the tracked trucks used to haul rocks down to the stockpiles.
-AVEQUINOX
37 Haywood Street,Suite 100
Asheville,NC 28801
828.253.6856
10. Please clearly indicate and label on the mine map all proposed affected areas. Clearly indicate
the extent of the excavation area.
The proposed affected areas are depicted on the attached updated mine map;not all of the depicted
areas will be entirely affected, as there is not harvestable material present on all of the acreage,
and some of the acres will remain unaffected due to various unsuitable conditions. It is difficult
to define the exact areas of excavation, as operations are opportunistic and related directly to the
presence of the desired surface rock,but a conservative estimate of 34.61 acres of excavation area
have been identified on the map.
11. You have indicated in a response to NC Wildlife Resources Commission that you will not be
logging within the permit boundary. Please clarify the mining process of harvesting boulders
and large rocks without logging the area. You may provide diagrams of typical extraction areas to
clarify your process.
Historic logging roads and decking areas will be used to access interior forest areas where there
are deposits of boulders that are suitable for harvest. Unlike traditional mining operations, this
opportunistic surface extraction of boulders will not require clear cutting of trees.Excavators will
traverse the logging roads and decking areas,harvesting rock material from within the reach limits
of the machine (maximum 23 feet). Excavators will avoid impacting trees greater than 6-8" in
diameter at breast height;trees under that diameter threshold may be incidentally impacted during
harvests, but care will always be taken to avoid damaging trees. Finally, a limiting factor of the
operation should be noted in that there is a maximum size boulder that can be functionally
excavated by the operation machinery. Therefore, there are many boulders that will remain
undisturbed simply because they cannot be managed.A pictographic narrative that was developed
in response to the NCG02 stormwater permit is attached here for reference.
12. Please clearly indicate and label on the mine map the overburden storage area. Your response
to question DA on page 12 indicates that Overburden will be utilized for reclamation purposes.
The mining will not be extractive in nature and will not require the mined materials to be sorted
from their constituent media, creating overburden. Therefore, because no overburden will be
generated,no storage areas are needed/identified.
13. Please show all Erosion and Sediment Control (E&SC) measures on the mine map including
diversion ditches to direct surface flow to basins.
All in-ground E&SC measures are shown on the updated Mine Map.
_AVEQUINOX
37 Haywood Street,Suite 100
Asheville,NC 28801
828.253.6856
14. Please provide construction drawings and maintenance requirements for all E&SC measures
including but not limited to silt fence, construction entrance, stilling basins, energy dissipators,
etc.
Construction drawings and maintenance requirements for proposed E&SC measures are derived
directly from the July 2001 Erosion & Sediment Control Field Manual (NCDENR-DEQ,
DEMLR).
15. Please clarify the E&SC measures that will be installed to protect East Fork Campbell Creek
from offsite sedimentation.
It is important to note that at present,there are no direct hydrologic connections between the active
mining area and nearby hydrological resources, and in fact, the closest proximity to a perennial
resource is approximately 105 linear feet(with the buffer distance between being fully vegetated).
Rather,perhaps the most direct route for stormwater carrying sediment is via the haul road on the
western extent of the mine permit area.As such,interior sloping of roads,ROW diversions,check-
dammed ditches, and stilling basins will be the simplest, most effective measures to prevent
stormwater originating on active mining areas from reaching E.Fork Campbell Creek.In all cases,
there are moderately to densely forested buffers between outfalls and streams ranging from 105
up to 300 linear feet.Images of these E&SC measures are shown in the attached pictorial narrative.
16. Please indicate all current and proposed outfalls or discharges on the mine map. This should
include processed wastewater and National Pollutant Discharge Elimination System (NPDES)
stormwater.
Outfalls are included on the updated Mine Map.To be clear,no processed wastewater is generated
onsite, only stormwater runoff.
17. A NC General Industrial Stormwater Permit (NCG02) may be required for outfalls to the creek.
Please provide proof of Notice of Intent(NOI) submit to the Stormwater Program or a statement
from the Stormwater Program that a NPDES NCG02 is not required.
The NCG-02 Notice of Intent was submitted on November 7,2022.A verification of the submittal
is included in the attachments.
18. Please refer to Section D of the mine permit application and provide a reclamation map that
clearly illustrates the reclamation plan for the entire site. The map should clearly illustrate the post
mining use of the entire site. It should also include all italicized items listed in the application.
Mine Reclamation Map is attached in the updated application.
-AVEQUINOX
37 Haywood Street,Suite 100
Asheville,NC 28801
828.253.6856
19. It is not clear from the maps provided if there are wetlands or streams beyond the major streams
in the vicinity of the mine permit boundary. Please clearly indicate and label on the mine map
all surface waters and wetlands with 50ft buffers. If there are no wetlands, please provide a
statement that no wetlands will be impacted.
Streams have been better symbolized on maps to show their location relevant to the mine permit
boundary.
20. Please see the enclosed comments from the US Fish and Wildlife Service (USFWS). Please
clarify if the proposed operation will have a federal nexus. It is recommended to complete
a biological assessment and/or biological evaluation to evaluate habitat and listed species in
the area to avoid a potential inadvertent"take".
Most importantly, the proposed mining activities are neither funded, authorized, nor carried out,
in whole or in part, by a Federal agency, therefore it is our opinion that there will be no federal
nexus associated with the proposed operation.
Outside of this fact, further information obtained via the USFWS iPAC tool indicates that there
are no critical habitats known for the area containing the property. Furthermore, review of NC
Natural Heritage Program element occurrence data (October 2022) indicates that there are no
known occurrences of listed species within 1.0 linear miles of the mine permit area; occurrences
of rock gnome lichen were identified on public lands approximately 1.4 linear miles to the
southeast of the mine permit area, occurring in a high-elevation, spruce-fir forest,which does not
occur below 5,000' elevation (the highest recorded elevation within the mine permit area is
4,520').Moreover,the proposed operation will not be cutting or otherwise disturbing trees greater
than 8" dbh that could provide supportive summer roosting habitat. Finally, incidental to site
assessments performed by Equinox to develop the requested supplemental information for the
permit, suitable habitat for listed species was not identified within or adjacent to the mine permit
boundary outside of the presence of mature trees, which is addressed above in the preceding
sentence. We do not believe there is ample evidence to suggest that a Biological Evaluation for
the species is warranted, nor do we believe that the proposed operation would result in an
inadvertent take of a listed species.
We look forward to your review and response to the above information. Thank you for your time and
consideration, and please don't hesitate to contact me with any further information that you may require.
Best,
Owen Carson
Botanist/Senior Ecologist/Environmental Professional
Equinox
37 Haywood Street, Suite 100
Asheville,NC 28801
(828)253-6856 ext. 204
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
NOTE: It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE-
APPLICATION MEETING to discuss your intentions and address any questions.
1. Name of Mine Barts Place
County Haywood River Basin Pigeon River Basin
Latitude(decimal degrees to four
places) 35.491669
Longitude(decimal degrees to four
places) -83.117924
2. Name of Applicant William Barton Campbell & Regina Pace Hunter
Applicant Contact Regina Pace Hunter Consultant Contact Owen Carson
Applicant Email mountainhaulingandstonel92@gmail.com Consultant Email owen@equinoxenvironmental.com
Telephone N/A Telephone (828) 253-6856 ext204
Cell Phone (828) 507-0874 Cell Phone (828) 553-9091
3 Permanent Address for Receipt of
Official Mail** Mr Campbell: 121 Ole Campbell Estate, Maggie Valley, NC 28751;
Ms. Hunter: 192 Pilot Knob Rd, Glenville, NC 28736
4. Mine Office Address 192 Pilot Knob Rd, Glenville, NC 28736
5. Mine Manager Regina Pace Hunter
Mine Manager Email mountainhaulingandstone192@gmail.com
Telephone N/A Cell Phone (828) 507-0874
1 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 10/27/2022
Print Name Regina Pace Hunter
Title Mine Manager/Company Officer
*This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that
corresponds to this site.
**The Division of Energy,Mineral,and Land Resources 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 grant or deny an application for a permit 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.
Revised September 21, 2021 P a g e l
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
NOTE:All 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 the following that apply:
❑�\ This is an application for a NEW permit.
Indicate the total acreage at the site to be covered by the permit 65.05
(This is the acreage the new permit fee will be based upon.)
Of this acreage,how much is owned and how much is leased?
Acres owned: 65.05 Acres leased:
Property owner if leased:
This is an application for a MODIFICATION to a mining permit.
Mining Permit Number: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
YES F-1NO
If yes,indicate the acreage to be covered by this modification
Does the modification involve acreage outside the previously approved permitted boundary?
YES NO
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 the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover
removed)by the mining operation?
YES NO
If yes,indicate the acreage to be affected within the acreage to be added to the permit
The modification fee is based upon the proposed new affected acreage within the previously
approved permitted boundary plus the proposed total acreage to be added outside the previously
approved permitted boundary.
This is an application for TRANSFER of a mining permit.
Mining Permit Number: Total permitted acreage:
Revised September 21, 2021 P a y e 12
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is
required as follows:
APPLICATION TYPE 0—25 ACRES 26+ACRES
New Permit Applications $3,750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Permit Transfers $100.00 $100.00
Annual Operating Fee $400.00 $400.00
Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the
new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the
previously approved permitted boundary.
2. Name of all materials mined: 10" diameter stone up to 50" diameter boulder
3. Mining Method:
❑ Hydraulic Dredge ❑Front-end Loader&Truck Shovel&Truck
❑ Dragline&Truck ❑ Self-loading Scraper ZExcavator&Truck
❑ Other(please explain):
4. Expected maximum depth of mine(feet) 2
Depth is relative to what benchmark?(e.g., natural ground level, mean seal level,road elevation,etc.)
Natural ground level
Expected average depth of mine(feet) 1
5. Has AaDy area at this site been mined in the past?
YESIAI NO
If yes,when and by whom was this activity conducted? Landowner Previously allowed""know"Party to mine from approximately 2007-2015
6. Estimated life of the operation(years): 30
NOTE:The Department may request clarification on how life of mine was calculated.
Revised September 21, 2021 P a g e 13
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources (919)707-9220
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 512 N.Salisbury St.,5th Floor
Raleigh,NC 27699-1612 Raleigh,NC 27604
Http://Portal.ncdenr.org/web/Ir/geological home (919)733-2423
County highway maps may be obtained from the N.C.Department of Transportation:
Mailing Address Physical Address
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Carl Sandburg Court
Raleigh,NC 27699-1587 Raleigh,NC 27610
http://www.ncdot.rg/it/gis (919)212-6000
2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds,
stockpiles,waste piles, processing areas/haul roads,mine excavations 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:
AFFECTED ACREAGE TABLE:
For new permits,complete only the total affected acreage column.
For modifications,complete all columns.
CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED
ACREAGE AFFECTED ACREAGE ACREAGE
Tailings/Sediment Ponds
Stockpiles 0.43
Waste piles
Processing Areas/Haul Roads 2.70
Mine Excavations 34.61
Other(Please explain)
Total Affected Acreage 37.74
Total Permitted Acreage 65.50
Revised September21, 2021 14
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
3. 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.Thus,all mine and reclamation maps must denote those activities that
are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient 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 with geographic controls(e.g. metes and bounds,coordinates)labeled
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(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) Outline 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.
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) Applicant name 5) Scale
2) Mine name 6) Symbols used and corresponding names
3) North arrow 7) Date prepared and revised
4) County 8) Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0—49 acres 1"=50'
50—199 acres 1"= 100'
200+acres 1"=200'
NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items.
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(italicized questions/statements)in this application form.This
application will not be considered complete without all relevant items being adequately addressed on the mine
maps.
Revised September 21, 2021 P a g e 15
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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.
Boulders and large stones (ranging from 10"-50" diameter) located along existing logging roads
within a 58.61 acre portion of a larger 758-acre wooded tract will be mechanically harvested at
and up to a maximum depth of 2' below the natural ground surface. Target material will be
harvested with a medium size excavator(18,600 Ibs, 23' max reach & 12,000 Ibs & 12' max
reach) placed in a medium sized track truck(12,000 Ibs & max 4 tons) carried down an existing
Haul Road to the Stockpile Areas indicated on the Mine Map. From there material will be loaded
onto a dump truck and transported out along an existing Transport Road indicated on the Mine
Map. Disturbed areas will be re-vegetated following the rock harvest.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to
prevent offsite sedimentation(include specific plans for sediment and erosion control for 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-sections/construction details of each measure. Engineering designs and calculations are required
to justify the adequacy of any proposed measures.
Small areas will be disturbed incrementally over time.The Haul Road will be used to intercept sheet flow
from mined slopes,whereupon ESC measures will be implemented along the Haul Road to control the
resulting stormwater.The following ESC practices,as described in the July 2001 NC Erosion and
Sediment Control Field Manual,will be used. Right-of-way Diversions(Field Manual Practice 6.23
attached)will be installed at all the locations indicated on the Mine Map.As new Excavation Areas are
opened for use,Temporary Seeding, Permanent Seeding and Mulching (Field Manual Practices 6.10, 6.11
&6.14 of the attached)will be applied to stabilize and re-vegetate those areas, and aforementioned ESC
practices will be used to ensure sedimentation to offsite waters is prevented from those new excavations.
3. A)Will the operation involve washing the material mined,recycling process water,or other wastewater handling?
YES FX
If yes, briefly describe all such processes including any chemicals to be used.
B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters
of the State?FI YES FX
If yes, briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of
stabilization)on the mine map(s).
Revised September 21, 2021 P a g e 16
Add Addtional Sheets
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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 � NO
Estimated withdrawal rate in gallons per day:
If yes,what impact,if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine
map(s)that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statement
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.
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 Stormwater Program. In
addition,the applicant is required to register water use with the Division of Water Resources,Ground Water
Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit
from the Division of Water Resources,Ground Water Management Branch,if the operation lies in a capacity use area
and withdraws more than 100,000 gallons per day.
4. A)Will the operation involve crushing or any other air contaminant emissions?
YES zNO
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.
B)How will dust from stockpiles,haul roads,etc.,be controlled?
Stockpiles and haul roads will be sprayed with water as needed to control dust.
Traffic is intermittent and there is nominal dust generated during operations.
Revised September 21, 2021 P a y e 17
Add Additional Sheets
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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 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).
The minimum buffer of 25' is applied throughout the site and depicted on the
Mine Map; it is important to note that this buffer is primarily undisturbed, with
only a small areas having portions of roads or E&SC measures installed within
them; none of the 25' buffer will be excavated. Furthermore, there will be an
unknown but significant amount of the Affected Area that will never be disturbed,
and in those locations the 25' buffer will be significantly larger.
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).
No natural watercourses or wetlands occur within 50 linear feet of the active Excavation
Area; the closest perennial resources is approximately 98 linear feet due west/northwest of
the Mine Area, and the distance between is fully vegetated with relatively mature,
undisturbed forest. A semi-forested seepage wetland is located approximately 20 linear
feet to the northeast of the smaller stockpile area and drains northwestward away from the
Mine Area; although less than 50' from the Mine Area perimeter, the wetland is not
subjected to mining activities or runoff from the stockpile. Silt fencing protects its perimeter,
and there is no physical evidence of sediment from the stockpile entering the seepage.
6. A)Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining.
Minimum 2 horizontal to 1 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.
Due to the shallow, surficial nature of the mining operation on site, there are no
instances where slopes are being re-graded or made unstable via excavation.
After rocks have been harvested, the nominally-disturbed area is stabilized with
seed and straw.
B)Provide a cross-section on the mine map(s)for all fill slopes(berms, waste piles, overburden disposal areas,etc.),
clearly indicating the intended side slope gradient,installation of any benches and/or slope drains(with supporting
design information)if needed, and the method of final stabilization.
Revised September 21, 2021 P a g e 18
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
Additional Information
Please use the space below to provide additional information to answer the questions in the application. Please clearly
indicate which question is being continued on the additional space.
(5B continued....)
Two streams flow across the Mine Permit Area, although they are unaffected by
excavation operations and are only subject to activities on the Haul and Transport
roads. One is a small, perennial tributary that flows across the Transport Road due
northwest of the Primary Stockpile area; the road currently fords the stream, which is
itself subject to historic damming & channelization (it is the water source for a historic
cabin that has been in the Campbell family for -200 years) as well as livestock
degradation, as the herd of cattle that Mr. Cambell allows to roam freely across the
property have unfettered access to the stream and readily wallow and defecate in the
stream. The stream flows for approximately 30 linear feet before emptying into a large,
anthropogenically modified wetland area (former pond ca. 1950, now a cattle wallow,
when then empties into the creek approximately 60 feet downstream from the wetland.
There are no plans to culvert this creek crossing, as the landowner is not interested in
installing piping and would prefer for the stream to remain open from its source down to
the East Fork Campbell Creek so that cattle can water in it and don't have to navigate
the larger, deeper valley containing EF Campbell.
The second crossing is at a wooden bridge over Campbell Creek (proper) that the
landowner affords access to the lower fields and connects the mining Transport Road to
Campbell Creek Road. There are no plans to change this bridge, nor are there any
failures associated with the bridge that would affect downstream water quality. At the
crossing, the transport road is back sloped and drains away from the creek and into
adjacent hayfields/pasture.
Revised September 21, 2021 P a g e I Additional Information
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
C)In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications
for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s).
No benching will be conducted.
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.
N/A
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling, house,
public road,or public,commercial or industrial building from any mine excavation.Locate all such structures on the
mine map if they are within 300 feet of any proposed excavation.
N/A
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 detail/cross-section and location of each type of barricade to be used must be
indicated on the mine map(s).
N/A
9. Are acid producing minerals or soils present?
YES �NO
If yes, how will acid water pollution from the excavation,stockpiles,and waste areas be controlled?
Revised September 21, 2021 9
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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)and provide cross-sections through all proposed berms or proposed spacing,
sizes and species for tree plantings.
The operation will be inherently screened from the public because it will take place within a—60 acre area
contained within a larger, undeveloped 758-acre private tract with no public access.Two locked gates
prevent public access into the tract containing the mine area. Desktop evaluations of the viewshed from
surrounding properties indicates that the mine area is not visible from any nearby public vantage points.
Furthermore, upon review of aerial imagery,the surficial nature of the operation combined with the limited
tree-cutting required does not yield noticeable disturbance from an orthographic perspective. For those
reasons,the operator has no plans to establish screening of any kind.
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?FI
YES �NO
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.
N/A
12. Will fuel tanks,solvents,or other chemical reagents be stored on-site?
YES FX NO
If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the
location(s)of all storage facilities on the mine map(s).
Motor oil and other related products required for equipment maintenance will be
stored outside of the mine permit area. Fuel for the equipment is stored in an
in-bed tank in a pickup truck, which is not kept on-site and only accesses the site
to refuel the equipment as needed (image of fueling truck provided in
attachments)
Revised September 21, 2021 Page 110
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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.
The ESC practices shown on the Mine Map will be maintained; right-of-way diversions, check dams,
and small, roadside settling basins will remain in place to accommodate future stormwater events.Any
disturbed areas including stockpiles will be re-vegetated appropriately with native grass and forbs to
create natural, wildlife-friendly openings; it is important to note that following reclamation, haul and mine
roads and associated ditches will be finish graded for appropriate drainage then re-vegetated, but not
be blocked off entirely, as the landowner intends to continue using them for access on foot and via OHV
(for recreation and hunting purposes). Traditional settling ponds and sediment basins are not employed
at this mine because there is no onsite processing (washing, cleaning, etc.)of mined material, only
stockpiling and hauling. No permanent channels are proposed as part of site reclamation.
2. Is an excavated or impounded body of water to be left as part of the reclamation?
YES FX
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 shallower water body will be productive and
beneficial at this site.
Will the body(s)of water be stocked with fish?
YES FX NO
If yes,specify species.
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.
Not applicable. Because the mining is shallow, surficial, and occurring adjacent
to existing natural surface roads, there will be no open pits or human hazards
associated with the site. Reclaimed roads will be intermittently accessed by foot
and OHV (the landowner uses the to gain access into deeper areas of the
property) and will therefore not be closed off using barricades. Furthermore, due
to the inherent privacy of the site and existing restricted ingress/egress (locked
gates, which will continue to be locked), the likelihood of a given person
reaching and interacting with the reclaimed mine area is negligible.
Revised September 21, 2021 Page 111
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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.
The shallow and surficial nature of the proposed rock harvesting mining operation
does not generate meaningful amounts of overburden. Instead, loosened soils from
which surface rocks are excavated will be tamped back in place with the excavator
bucket and seeded/strawed over to stabilize; additional resloping or benching of
harevsted areas would cause unnecessary or excessive disturbance to soil and
vegetation. There are no waste areas associated with this mining operation.
5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways.
No processing facilities exist at this mine. Stockpile areas will be graded for positive
drainage before they are re-vegetated. The main haul roads will remain in place for
site access and recreation in future years. These roadways are flush with the ground
or are located on an embankment fill. Reclamation of roads will involve finish grading
for appropriate drainage and stability followed by revegetation of the shoulder and
ditches using rye grass and over-seeded with native grasses and forbs.
B)Will any on-site roadways be left as part of the reclamation?
YES F ]NO
If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line
stabilization.
See mine reclamation map for a depiction of on-site roadways that will be left as part of
reclamation (remaining to provide landowner long term access through the reclamation area
and into unmined portions of his larger tract). Roads will either be natural soil & stone (in upper
elevations where the grade is steep and added gravel may not stay in place) or gravel surfaced
(at the base of the mountain where the grade flattens and gravel will remain in place). Ditches
will remain in place to allow for continued stormwater control, but will be additionally stabilized
first with rye grass then over-seeded with site-appropriate native grasses and herbs
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 prior written approval from the NC
Department of Environmental Quality, Division of Energy,Mineral,and Land Resources 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.
Scrap metal, junk machinery, and other traditional mining waste products are not
present on site, nor are contaminants generated during mining operations.
Revised September 21, 2021 Page 112
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include
recommendations for year-round seeding,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 NC Forest Service, Department of Agriculture and Consumer Services;
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 NC Forest Service,Department of Agriculture and Consumer
Services;
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(tonslacre): If needed,will be applied at rates recommended by soil tests
Fertilizer Analysis and Rate of Application(Ibs/acre): At rates recommended by soil tests
Seed type(s)and rate(s)of application included year-round seeding schedule(lbslacre):
NOTE: Include legumes
SEED TYPES SEEDING DATES SEEDING RATES
Creeping Red Fescue 2/15-12/15 2 Ibs/acre
Redtop 2/15-12/15 2 Ibs/acre
Virginia Wild Rye 2/15-12/15 2 Ibs/acre
Little Bluestem 2/15-12/15 2 Ibs/acre
Partridge Pea 2/15-12/15 1 Ibs/acre
Rye Grain 2/15-4/15&8/15-12/15 60 Ibs/acre
Brown Top Millet 4/15-8/15 20 Ibs/acre
Mulch Type,Rate of Application(lbslacre),and Method of Anchoring:
Unchopped small-grain straw will be applied at a rate of 2,000 lb/acre or until 75%
of the ground surface is covered. Anchoring will not be necessary.
Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(lbslacre,trees/
acre,spacing of trees/shrubs,etc.):
n/a; the site is surrounded by diverse, native vegetation that is actively seeding and
will be allowed to supplement the temporary, stabilizing vegetation described above.
Revegetation and/or reforestation plan approved by:
Signature Date
Print Name
Title
Agency
Revised September 21, 2021 Page 113
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
E.DETERMINATION OF AFFECTED ACREAGE AND BOND
The following 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 aspect of the mining operation, that you intend to affect
during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acre for each category from the
Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond
for you based upon your maps and standard reclamation costs:
CATEGORY AFFECTED RECLAMATION RECLAMATION
ACREAGE COST/ACRE COST
Tailings/Sediment Ponds Ac. X $ /Ac. = $ 0.00
Stockpiles 0.43 Ac. X $ 1,800 /Ac. = $ 774.00
Waste Piles Ac. X $ /Ac. = $ 0.00
Processing Area/Haul Roads 2.70 Ac. X $ 1,800 /Ac. = $ 4,860.00
Mine Excavation 34.61 Ac. X $ 500 /Ac. = $ 17,305.00
Other Ac. X $ /Ac. = $ 0.00
TOTAL AFFECTED AC.: 37.74 Ac.
TOTAL PERMITTED AC.: 65.50 Ac.
Temporary&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 34.61 Ac.
b) Positive Drainage 0.43 Ac. X $1,500.00 = $ 645.00
SUBTOTAL COST:$ 23,584.00
Inflation Factor:
SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST
OF LEASE(YEARS)
0.02 X $ 23,584.00 X 30 = $ 14,150.40
Total Reclamation Bond Cost:
TOTAL RECLAMATION BOND COST= SUBTOTAL+INFLATION = $37,700.00
Round down to the nearest$100.00
NOTE:The reclamation bond cannot exceed$1 million per GS 74-54
Revised September 21, 2021 Page 114
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
SCHEDULE OF RECLAMATION COSTS
Based upon range of$500-$5,000 per affected acre
COMMODITY CODES:
SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale
GS Gemstone FS Feldspar OL Olivine PE Peat
Borrow Borrow/fill dirt MI Mica KY Kyanite/Sillimanite/Andalusite AU Gold
CS Crushed Stone LI Lithium PH Phosphate TI Titanium
OT Other
TYPE T/S PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION
$5001ac. (L) $500/ac. (L)
SG, GS, Borrow $1800/ac. $2000/ac. $1800/ac.
1500(FI) 2000(PD)
CS, DS, FS, MI, LI, 500(L) 1800 2000 2000 500(L)
PF,OL, KY 1500(FI) 2500(PD)
1000(L) 2000(L)
PH 2500 5000 5000
2500(FI) 5000(PD)
CL 1000(L) 2500 5000 5000 2000(L)
2500(FI) 3700(PD)
PE,AU,TI,OT 1000(L) 2500 3000 3500 2000(L)
2500(FI) 5000(PD)
(L)=Reclamation to a lake and revegetating side slopes
(FI)=Reclamation by filling in and revegetating
(PD)=Reclamation by grading for positive drainage&revegetating
AS PER NCAC 15A 513.0003,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, 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.
Revised September 21, 2021 Page 115
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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 Energy,Mineral,and 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.
NOTES:
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(b1).
SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION"
Revised September 21, 2021 Page 116
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
NOTICE
Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that
William Barton Campbell has applied on 07/05/2022 to the Division of Energy,
(Applicant Name) (Date)
Mineral,and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North
Carolina 27699-1612,for(check one):
❑X a new surface mining permit,
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 surface boulders&large stone on 58.61 acres located 0.60
(Mineral,Ore) (Number) (Number)
miles west of Maggie Valley offinearroad Ole Campbell Estate
(Direction) (Nearest town) (Number, Name)
in Haywood 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.74-51,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 specifics of the proposed mining activity,please contact the
applicant at the following telephone number: (828)507-0874
For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that
the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
William Barton Campbell III Regina Pace Hunter, Mountain Hauling and Stone
Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable
121 Ole Campbell Estate, Maggie Valley, NC
Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant
Revised September 21, 2021 1 Add Page Page 117
NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
AFFIDAVIT OF NOTIFICATION
Regina Pace Hunter ,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
Environmental Quality,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
Edwin D. Underwood III &Carolyn Collins Underwood 971 Caldwell Dr. Maggie Valley, NC 28751
James R. Boyd Sr. Heirs 474 Mountain Cove Rd. Waynesville, NC 28768
James Burgin Clayton & James Patrick Clayton 5 White Oak Rd. Asheville, NC 28803
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:
Bryant Morehead, Manager, Haywood County Third Floor 215 N. Main St.Waynesville, North Carolina 28786
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(b1)and 15A NCAC 513 .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
I, 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:
Revised September 21, 2021 Page 118
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NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612
Division of Energy, Mineral,and Land Resources (919)707-9220
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 William Barton Campbell Print Name Regina Hunter
Title(if applicable) n/a Title Mine Operator
Company(if applicable) n/a Company Mountain Hauling & Stone
Address 121 Ole Campbell Estate Mine Name Barts Place
Maggie Valley, NC 28751 Telephone (828) 507-0874
Telephone (828) 550-9252 Date Signed
Date Signed
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five(5)copies of the completed application,six(6)copies of all location maps,mine maps and
reclamation maps,and the appropriate processing fee in the form a check or money order payable to the North Carolina
Department of Environmental Quality must be sent to the Raleigh 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.
Revised September 21, 2021 Page 119