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HomeMy WebLinkAbout82-19_2_Redacted 4 AEQ NORTH CAROLINA Department of Environmental Quality American Materials Company, LLC 14 t0 Commonwealth Drive Wilmington,NC 28403 0: 910499.1411 F:910-799.5411 July 26, 2018 North Carolina DEQ 1612 Mail Service Center Raleigh,NC 27699-1612 Re: AMC-Home Office Address Change To Whom It May Concern: ' Please be advised that American Materials Company, LLC, a North Carolina limited liability company ("AMC"),and affiliates thereof,, corporate office, moved effective July 1, 2018. New address: American Materials Company, LLC 1410 Commonwealth Drive Wilmington,North Carolina,28403 If you require anything additional or wish to discuss, please feel free to contact Tony Harris at 910-990-7929. Very truly o' n S3 Am Materials Company, LLC pe ROY COOPER Co.enm MICHAEL S. REGAN N a S Wnr Energy.Mineral a TRACY DAVIS Land Resources Db11Of DOIFIX1MNENi>t ew,ury December 1, 2017 Gary T. Bizzell American Materials Company LLC 6131 Oleander Drive Wilmington, NC 28403 - RE: Mining Permit No. 82-19 Ivanhoe Pit#2 Sampson County Dear Gary T. Bizzell: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, I 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term_ The"life of site" means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action Is required on your part for this modification to be effective. Please attach this letter to your existing mining permit for future reference The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full farce and effect. Furthemlore, all provisions of GS§74-51 and GS§74.52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual$400 fee must be submitted to this office by December 31, 2017— see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the$400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS§74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions andlor revocation of your mining permit. Lastly, pursuant to GS§74-54, the cap on reclamation bonds has been raised from $5D0,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. 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 remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Wenner, Assistant State Mining Specialist, or me at(919) 707-9220. Sincerely, / William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Sla or North GlmWn I En.Imamenlel Qusllty I Erlagr.Mlwml mid Land licsomus 512 N.Misbu"nmt I W2 MNI SmAce Cemrr I Wli North Cardlna 2M991612 919707 W200 SPATE OF NORTH CAROL.INA Department of Environment and Natural Resources RALEIGH CENTRAL Office FILE ACCESS RECORD SECTION ' LQS Mining Program` DATEITIME X(01 NAME REPRESENTING im4sinN �l Guidelines for Access: The staff of the Central Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations, -Please read carefully the following before signing the form. 1. Due to the large public demand for file access, we request that you call at least a day in advance.to schedule an appointment for file review so you can be - accommodated, Appointments are scheduled between 9:00 a.m. and 3:00 p.m. Viewing time ends at 4:45 p.rn. Anyone arriving without an appointment may view the files to the extent that time and staff supervision are available. 2. You must specify files you want to review by mine name/permit no., as appropriate. The number of files that you may review.at one appointment will be limited,tofive. 3. You may make copies of a file when the copier is.not in use by the staff.and if time permits. Cost per copy is 2.5 cents for ALL copies if you make-more than 25 copies T there is no cha[ge for 25.or less copies. Payment is to be made by check, money order, or cash in the administrative offices. 4. Files must be kept in the order.you received them. Files may not be taken from the office. No briefcases large totes, etc. are permitted-in the file review area. To remove, alter, deface, mutilate, or destroy material in public files is a misdemeanor for which you can be fined up to $500.00. 5. In accordance with 6S,25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. 5. The customer must present a photo ID, sign-in, and receive a visitor sticker prior to reviewing files. MINEY NAME I PERMIT NO. COUNTY 2. 3. 4, 5. Si nature/Name of Firm or Business Da� Time In Time Out 9 , Please attach business card to form if available North Carolina Department of Environment and Natural Resources. Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME .P,+_#�a— 2. MNMG PERMIT # 3. OPERATOR •u Go„ , . COUNTY "fl' 5. ADDRESS W 6. PERMIT EXPIRATION DA • v 7. RIVER BAST - ' S. Person(s) contacted at site o — 2 9. Was mine operating at time of ins ection? V Ves ❑ o - 10. Pictures? �❑./Yes No H. Dale last inspected: �i / 17 Pa Uooli 12. Any mining since last inspection? Yes ❑ No t1 Is the mine in compliance with the Operating Conditions of the Parmit? '� Yes ❑ No .f no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? I Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite. damage? ❑ Yes No If If yes, describe the type and severity of the damage: 16. Corrective measures.needed and/or taken: 17. Other r commendations 4�nnd commeppts �. ' A L'P- ' r • 2 So' WLSI SidL Od 'f{P/ fw 'hlij/7 tor• L^tha 'o of I& Is the Annual Reclamation Report +/-map accurate? VYes ❑ No (Explain) ❑ Not Reviewed 19, Follow-up inspection needed? ❑ Yes No Proposed date 20. No. of additional pages of Inspection Repo — 21. Copy of Report sent to eperator I \\ ( ale) INSPECTED BY ���Lei- 1�� 5 DATE RECEIVED NOV 28 2011 LAND QUALITY MINING PROGRAM North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Ivanhoe Pit#2 2. MINING PERMIT # 82-19 3. OPERATOR American Materials Company,LLC/Ga Bizzell COUNTY Sampson 5. ADDRESS 6131 Oleandar Drive Wilmington,NC 28403 6. PERMIT EXPIRATION DATE 6/3/201$ 7. RIVER BASIN Cape Fear 8. Person(s) contacted at site _ Jamie Goff, Site Manager 9. Was mine operating at time of inspection? X Yes ❑ No 10. Pictures? ❑ Yes X No 11. Date last inspected: 10/20/201 1 12. Any mining since last inspection? X Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? X Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? X Yes ❑No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes X No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: The solid waste(near the basin) is now removed from the mine. Additional reclamation is noted adjacent to the basin. Slopes are regraded and groundcover will be installed. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+/- map accurate? X Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes X No Proposed date 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator 8/22/201 1 INSPECTED BY: Melissa Joyner _ _ DATE 8/17/2011 Telephone No: .-..(91.0)433-3300 Copy to file Copy to operator ig Specialist RECEIVED SEP 07 7011 LAND QUALITY SECTION - --- - -- - - - — — -- - -- North Carolina Department o[Eovironmeut and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME V * 1 U 2. MINING PERMIT 4 Sa-7Y 3. OPERATOR `v' 4. COUNTYt' 5. ADDRESS O ° ri 8" o 6. PERMIT EXPIRATION DATE - 7. RIVER BASIN „a 8. Person(s) contacted at site o ,5q 'G 9. Was mine operating at time of i pertion? Yes No ] , Pic ores? Yes ❑, No I1. Date last inspected: IO l � l `daq_ 12. Any mining since last inspection? Yes ❑ No 11 Is the mine in compliance with the OperatinP,.,Conditions of the Permit? ❑ Yes No If no, explain: OG-lo — $eil%N (huh, tn�fs� /`S /I/n. I. '�/. )p 4� h 1hlx � aNrs 14. Is the mine in compliance with the Reclamation Conditions of the Permit? Yes ❑'No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken 0 A 1�a9�bl 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? Yes ❑ .No Proposed date 3l al l'.doj1 20. No. of additional pages of Inspection Report'. 21.,Copy of Report sent to operator o/ / e /�,t , ) (date) INSPECTED BY: L '{/.(S:a .7� 0 DATE o / o /�02 Telephone No: ( 0 ) —33 White copy to file Ye Row copy 10 operaeor Pink copy is Mnin e i 1' 10197 =E-I- North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTIONREPORT (PERMITTED MINE) 1. MINE NAME 2. MINING PERMIT # 3. OPERATOR - 4. COUNTY 5. ADDRESS i I � 6. PERMIT EXPIRATION DATE_ . .i y / 7. RIVER BASIN 8. Person(s) contacted at site 9. Was mine operating at time of inspection? b Yes ❑ No 10. Pictures? ,O.Yes ❑ No 11. Date last inspected: i / / 12. Any mining since last inspection? 3. Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? O Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ®,Yes ❑ No If no, explain: .i 11 i 15. Did any of the above deficiencies result in offsite damage? ❑ Yes n No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: T. , I i i 18. Is the Annual Reclamation Report +/.map accurate? ❑ Yes O No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yea .U,No Proposed date / / 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator / / (date) INSPECTED BY: t '1' v, DATE Telephone No: IY6tie copy to fire Yellow copy to opemtor Pink copy to Mining Specialist 10197 - a RECEIVED FEB 112000 LAND QUALITY MINING PROGRAM North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section (Fayetteville Regional Office) MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME Ivanhoe Pit#2 Mine 2. MINING PERMIT # 82-19 3. OPERATOR American Materials Company, LLC Attn: Ga T. Bizzell 4. COUNTY Sampson 5. ADDRESS 6131 Oleander Drive_Wilmin on, _NC 28403 _ 6. PERMIT EXPIRATION DATE 06/03/2018 7. RIVER BASIN _Cape Fear 8. Person(s) contacted at site Jamie Goff(Manager) 9. Was mine operating at time of inspection? ® Yes ❑ No 10. Pictures? ❑ Yes ®No 11. Date last inspected: 02/05/2008 12. Any mining since last inspection? ® Yes ❑No 13. Is the mine in compliance with the Operating Conditions of the Permit? ® Yes ❑ No If no,explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ® Yes ❑ No If no,explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 1. Continue to reclaim mine with permanent vegetation as mining progresses. 2. Mark mine boundaries every lo0ft or down line of sight. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report+/- map accurate? ❑ Yes ❑ No (Explain) ® Not Reviewed 19. Follow-up inspection needed? ❑ Yes ®No Proposed date 10/14/2010 20. No. of additional pages of Inspection Report 0 21. Copy of Report sent to operator 10/15/2009 INSPECTED BY: Eric Matuszewski DATE 10/14/2009 Telephone No: __ (910)433-3300 Copy to file Cvpy 10 operator to W1n n cr0 A*A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources (Land Quality Section James I], Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary August 20, 2009 Mr. Gary T. Bizzell American Materials Company, LLC 6131 Oleander Drive Wilmington, North Carolina 28403 RE: Permit No. 82-19 Ivanhoe Pit #2 Mine Sampson County Cape Fear River Basin Dear Mr. Bizzell: Your recent request to have the above referenced mining permit modified has been approved. The modification is to add a new circular entrance way, an office site and a shop site as indicated on the mine map received by the Land Quality Section on December 31, 2008. The permitted acreage and the affected acreage at,this site remain unchanged. . 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 insure compliance with The Mining Act of 1971. The expiration date, 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: Operating Condition No. 4F. 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 Iles with you. As a reminder, your permitted acreage at this site is 515 acres and the amount of land you are approved to'disturb is 435.2 acres. 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 - Telephone 919-733-4574 I FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina, 27604-Internet:http:llwww.dlr.enr.state.nc.usipagespandqualitysection.html An Equal Opportunity/Affirmative Action Employer-50%Recycled 110%Post Consumer Paper Mr. Bizzell August 20, 2009 Page Two Please review the modified permit and contact Ms. Judy Wehner, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, *FIoyRKVVilliams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIjw Enclosures cc: Mr. Steve Cook Ms. Shannon Deaton - WRC, wlpermit Mr. Bradley Bennett - DWQ, w/permit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: American Materials Company, LLC Ivanhoe Pit #2 Sampson County - Permit No. 82-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 3, 2018 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the Mond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise,, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications August 6. 1999: This permit has been modified to increase the permitted and affected area to 83.1 acres as indicated on the mine map last revised June 1999. April 26, 2001: This permit has been transferred in its entirety from CCC Sand and Gravel, Inc. to American Materials Company, LLC, October 9, 2006. This permit has been modified to increase the permitted acreage to 257 acres and the affected acreage at this site to 243.64 acres as indicated on the mine map last revised August 23, 2006, and the supplemental information received on October 11, 2006. The modification includes the addition of 174 permitted acres with 143.7 acres to be affected for excavation areas. Page 3 June 3, 2008: This permit has been modified to increase the permitted acreage to 515.0 acres and the affected acreage at this site to 435.2 acres as indicated on the mine map last revised June 3, 2008. The modification includes the expansion of the permit boundary and mine excavation area to the north. Auqust 20, 2009: This permit has been modified to add a new circular entrance way, an office site and a shop site as indicated on the mine map received by the Land Quality Section on December 31, 2008. The permitted acreage and the affected acreage at this site remain unchanged. Expiration Date This permit shall be effective from the date of its issuance until June 3, 201 B. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. 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 Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. Page 4 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. All access/haul roads within the mining permit boundaries shall be located between the mine excavation and the minimum 50-foot wide undisturbed buffer zones (not within the buffer zone). D. The perimeter berm shall be constructed as indicated on the mine map last revised August 23, 2006. Said berm shall be stabilized with permanent ground cover and shall be located between the undisturbed buffer and the excavation(s) (not within the undisturbed buffer zone). E. Mining activities shall occur as indicated on the mine map last revised June 3, 2008 and the supplemental information received on January 14, 2008 and April 14, 2008. F. Mining activities associated with the construction of the new circular entrance way, office site and shop site, including the installation and maintenance of all associated erosion and sediment control measures, shall be conducted as indicated on the mine map received by the Land Quality Section on December 31, 2008 and supplemental information received by the Land Quality Section on January 15, 2009, February 18, 2009, April 22, 2009 and July 17, 2009. 5. All mine permit boundaries (515 acres) shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land small be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. Page 5 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained 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. i Page 5 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 irrevocable standby letter of credit, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through 10.D. E. 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 following: Permanent Seeding Specifications Dates Species Rate,L_bs/Acre February 15-April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 9 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. This permit, issued to CCC Sand and Gravel, Inc. January 7, 1998, modified August 6, 1999, transferred to American Materials Company LLC April 26, 2001 , modified October 12, 2006 and renewed and modified June 3, 2008, is hereby modified this 20M day of August, 2009 pursuant to GS 74-52. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources I e 0 C ♦ 0 too $ 7 III \ ♦♦ �d POO FORKS, LLC. \ \ \ \ ♦ � too 0 lop \ \ \O \ Z*_* EIS \ �♦ ♦♦ / �/ - (CON POINT) BENNIE BURNEY \ DB813PG428 \\� \ .ems \ a 85 ECM / 3 pNeUE FORKS, WOODED \ \\ ``(T�-� ENINCENTERLINE N '1 1' Ida LLC. /> // \ \(CONTROL POINT) FORKS, N / / \ ,♦\ \ LLC \ a PROPOSED /o°A� /� \ \ \ // V\3oall r3ro / OFFICE SITE ssa s "zss„w /���ti/ \ �\ �\ \ 15 �N`1�0�100�// era 7j? / CFS4°47'25" 672 / R=119.91' ti T=109.47'577 B' Q ryn ^ L=177.44' SO\' MHS LC=161.69' 418 2 i LCB=N 14°01'24"W D=47°47'03" 578 WOODED �s3° z'oo°\\ '� MNs1A \ /// (�p��6?G3 EOL 51.12' X 682 E�37? 93 ` \ \ T=110.00' ' \\ \\ \ 417 35 N4 p`E PN 0�N// �'S>\ °0 9 EL:52.85� L=179.58' / p 582 EL52.36' LCB=S89' S LCB=S 81°48'44"U\ / \ 585 592 575 D=46°31'00" \ / 7� 586 � \EL52.55' EL:49.71' ti �\ \ \ S Qg 5315 / L:52.3 1 / X \ EL:52.23'' \\ N?� / MNS EL151.39' S S' \ \ \ 89 3 HORACE HENRY 603 EL51.11' f / 60149.X \ `r \ � ` ? 77 °Rly \ \ \ \ ECM 421 \ X 43; l / \ \ 58( 591 \ \ \ EL.53.51' \ EL:49.94' X 422 3013 / 5 500 \ ' ( /� / \ \ \ i s \ \ C� 2L EL.51.44 / \ 5 6° gR 'I p 604 / w `6�his„\ / x EL48.75' ' S99 X \ \ I �- \ __ '6�^ 9° \` \ \\9°� \ \ 423 EL5264' J ( I1/ �ss�4 PROPOSED EOL52.22' X ` \ 605 P 59851,32' \ o ll V�zoo �,00 o°O � SHOP SITE \` � \\ 5 3 EL:48.64'� / P \ I 48 EL:48.87' �89 ' 664 / EL?50.23' / -52 EL:50.66' \ \ / EQ48.90-V ( �^ E9452.30' PROPOSED ��634 /50\ \\ \ \ yo 77 EL49.57' P PLANT SITE 11 / E9 5P.43' /MHS// 63 X EL�: n.2\ `- 5 P/ �/� E . 0.19, WOODED \ 76 �\ 609 / / E t P\ 636/ 66 ) EL:51.57' �� X �< //n -4 631 o I 9 1 � �i � I I EL:47.86' 637k19.39' 733 \ \\ \ �EL: \ 611 � EL:49.2C{' I 645 "i-- \ X \ \ EL:49.53' L:47.6 'P I P / EL50.93' t \ 614 633 - \ 50 \ EL:52.33' \ EL:48,61, \ ' 644 659 EL551�0.39' 6 P �30 EL50.0 ' 41\ 0' EL2 E4 48.55' EL5 \ , Y I 625 49- -J / XEL 8.47' ' 638 ELL X X ELA 6.08'\X EXl\ L:61 76 - E / 60EL4865' X643\50 � \ 26 /6 '/ -51 \ \ 8 X6 X EL:50.70' T'1 / EL51.74'\ �X 649 X > :52.217� --��� \ 657 EL:51.99� / X ` 639 624 L: 1.83' X g ^ - L EL 7.49' 619 52�"} i--El5511.51' EL:49.8\ EL:53.63/ / -__ 618 52.46' EL52.77' �``// EL52.13' 661 ,X / / EL:51.13' ---- X X X 623 s?\� 620 // 50 _X 65D //' 6L50S' ___ ,82 EL51.55' 5 �- 5' /2'// //'49 EL 9 34' \ 640 N $6°5$'13,. W692 / / / - __ EL:47.85' 396.00' EL:50.63' X X662 655 \ 62�0 \ ���47.34' EL:47.X `Q \EL:51.12// ECM ECM FORKS, EL:50.12' \ ��\ I \ 1 --49- EL ry :49.14' 654 v EL:49.06' 653 ELA8.65' �1 91 N 88054'13" W 93 °p1'��ECM ECM 1555.80' ECM 56626��� BLACKRIVER N6�,°S8 FARMS, LLC ° 1 DB 1385 PG 153 k9o,3 w BLACKRIVER FARMS, LLC ` IDS 1385 PG 153 MAP 2OF2 N 10 LEGEND: EIP EXISTING IRON PIPEEIS State of North Carolina SS IRONS TAKE SETING IRON County County of ECM EXISTING CONCRETE IVANHOE RD MONUMENT I, Review Officer of County, CMS CONCRETE MONUMENT SET certify that the map or plat to which this certification is affixed meets all ERR EXISTING RAILROAD SPIKE StatUtO requirements for recordin EPK EXISTING P.K NAIL ry q g' so �FR EMN EXISTING MAG NAIL EIA EXISTING IRON AXLE Review Officer I, M. Shelton Bordeaux certify that this map was drawn under my ri.> , • PKs PK NAIL SET This survey is located in such portion of a county or municipality supervision from an actual survey made under my supervision that deeds < r MNS MAG NAIL SET � that is reg d as n dinance that regulates parcels of land. used for this survey are shown by Book and Page number in note number CENTER LINE ms D /� �_ one on this map,that the boundaries not surveyed are Cleary indicated as SITE R COMPUTED M. SHELTON BORDEAU ATE OF SURVEY �a Sr a y 9 p CID COMPUTED POINT 9-2-2008 shown b Book and Page number in note number two on this ma that the EN EXISTING NAIL (� FILE: 07176-8. PCS Professio al Land Surveyor ate ratio of precision as calculated is 1 : 10,000+, that this map was made in ENC EXISTING NAIL AND CAP SURVEYING accordance with G.S. 47-30 as amen ed. Witness my original signature, DRAWN BY VICINITY MAP M. SHELT40241 NC2D10 EAST L-2947 SURVEYORS DECLARATION TO WHOM IT MAY CONCERN regist`atio \uurmber and seal this day of 6 �-. 2008. M.SHELTON (NOT TO SCALE) BORDEAUX q4 t S N.C. 28 THIS MAP IS A CORRECT REPRESENTATION OF THE LAND SURVEYED AND PLATTED, C.� r�,� e Q 1 LUfi BUT A NORTH CAROLINA LICENSED ATTORNEY AT LAW SHOULD BE CONSULTED X NOTES: A SURVEY FOR CONCERNING CORRECT OWNERSHIP,WIDTHS AND LOCATIONS OF EASEMENTS, QOFE 37oy9�i � y,�.� thn 1. DEED REFERENCES: MB 40 PG 21 & 22, MB 10 PG 8, DB 1288 RIGHT OF WAYS,ANY CEMETERIES NOT SHOWN ON RECORDED MAPS OR DEEDS Q J�Y �_LITY PG 744, MB 8 PG 89 MB 9 PG 5 DB 1650 PG 961 AMERICAN MATERIALS h1ADE AVAILABLE TO THE SURVEYOR BY THE PRESENT OWNER AT THE TIME OF y'2° SEAL ` yOf 7.V 47 2. All lines are shown as surveyed b me on date of survey unless THIS SURVEY,AND OTHER TITLE QUESTIONS REVEALED FUTURE EXAMINATION. *e< L-2947 r*.' y yise noted. y COMPANY LLC T IS THE RESPONSIBILITY OF THE PRESENT OWNER OR FUTURE OWNER OF THE i Q= r^ T WETLANDS,HIGHWATER TABLES 3. This r s a survey of existing tracts of land combining said tracts. LOCATED IN FRANKLIN TOWNSHIP, ORBTHNRSA WATER PROPERTY SHOWN ONDITIIONSFOR CERTAIN U ICHMAY CANO USE APORTION Y OF OF HISNATUREOSERTM yF�=SU11 R��oHEREON TO CHECK FOR ANY �`,= Professional Registration tration Number ° 4. The topographic survey is shown as surveyed by me along with SAMPSON COUNTY, NORTH CAROLlNA ASSUMED BY THE SURVEYOR FOR ANY CONDITIONS WHICH MAY PRESENTLY EXIST �R,�TON BOF����` the property lines along the Dr Kerr Road SR No. 1105, other lines GRAPHIC SCALE 1"=50' BUT ARE UNKNOWN SUCH AS TOXIC OR HAZARDOUS WASTE MATERIALS,CEMETERIES, ir�blN\R���"� shown as taken from deeds and maps of record ETC. • 50 0 50 100 150 200 250 360 Q op7 \ 01 FORKS, \ \ 4 0 LLC. \ 0 0 4 P/ \ � � e \ \ \ ♦�O �\ \ 42 04 EIS l \ \ \ (CON POINT) \ \ \ BENNIE BURNEY \ \ CB 813 PG 428 \ N A 2 // \ 85 ELONp�-162gt'j/ ECM /� t FORKS, WOODED \ \ EN IN CENTERLINE 411 LLC. ` \(CONTROL POINT) FORKS, \ CIO LLC. > / o�NN � PROPOSED OFFICE SITE 684 ? j��ti` ` \ \ \ \ \ 15 Soo67-0 SSOp33F 672 / R8419915 ry / T=109.47' \>s• `PQQ ryry ,^ i 577 L=177.44' MHS LC=161.69' \G�� \ \ 418 Z LCB=N 14°01'24"W FR \ .411 pp / D=47°47'03" 578 �tiryry WOODED EL.N/A �83° 2'0 I \ \ QN EL: 682 6 ° 33° T=110.00' ' \ \ \ MN \ 417 / 3�,ti PN�p EL:51.12' X j3>. 93 1-51\ p EL:52.8 5 4N / \ p0 \ \ 582 L=179.4.0 \ \ g \ \ EL:52.36' LC=164.09' \ S / LCB=S 81°48'44' W \J \\ 585 \ 592 575 D=46°31'00" 50\ \\`` \EL:52.55' EL:49.71' �'/ \` \ \ \ Sop°'3�N3 / \ �L:52.3 586 EL:52.23' / MNS 581 /�ti . I3 X \ r \\\ �\ EL:51.39' S1�� /� S \ \ \ \ 89 3 HORACE HENRY 603 601 Ss° R� 16 Sp' ECM �1 EL:51.11' / ELA9.35' �� / ` \ \ ``\ \ \ 421 X 5 8 A3 \ 591 \ \ \ / tp / \ EL.'53.51' \49.94' X / \ \ \`�S \ 422 g02 ( 00 (A p ' , EL 51.4\ i / \ / y57 EE48.75' 599 / X \ I vI? \' �---""1i 6/ ��9° ` \ \ 8g096� \ 608 EEL:52'64' 598 ( \ j' �s s'�o„ PROPOSED \ \ \ 423 EL:52.22' X I , \ 605 �� J 51.32' SHOP SITE � EL:48.64' f � P \ I � 5..8 4 607 X \ / / / / �_ 1 I EL:48.8T +689 664 EL:50.23' ) / �/ / -52 \ 634 EL:S �p\ \ \\\ 77 / 6D6 �4/ � EL48.90' E9452.30' PROPOSED \EL:49.5 j y9° pi od ` \ \\ / \ P PLANT SITE 597 MHs X / / 5 PL:SP.43' / 63 �so� / EL: 28' � / /�� EL110.19. F \ WOODED \ 76 �\ 609 EL5157' l \ f 1636 \ \ '\ X C° 631 I 9 15� EL47.86' 637 733 610 611 (( EL:49 2 P /�i�445 I __ EL9.39' \ \EL:49.53'�L:47.68 \ 614 \ ' 633 50 � ' \ EL:52.33' \ \ ` ' EL:48.61' \ ' ' EL49.97 / \ 644 X ` 30 I EL:5D.02' �647 \ / _ M \ EL351. 6' EL:47.90' l EL48.55 6 h 5� X\ \ \X L48.86' 49- J 629 / / ��I IX - EL 8.4T / \ \ \ \ EL: X l X 63 46.08' EL 53\9' \� \\ EL:49.75�50- E .23 EL:5 � So EL'48 65' -'// / XEL 5\ /X� \ \X / \\/� / -'51 \ \ 626 X6 6 X EL:S 70 0' ?'1/ �/ /628 EL:5t74'\ �X X649 \24 1:52. 17 83' _� \ 657 EL:51.9� / X \, 639 EL: / L: .83' �-__ X \ EL:47.49' EL:53.63f / I 618 619 -52 ") 627 ^� E1-b1151' �� ' EEL 9 887' 52.46' EL52.77' /// EL52.13' / 661 / X of EL51.13' - X " X �2\ ��^ / �� 50 650 / 6 1 623 -� �,00 / �� X EL:49,82' L50�8' EL:51.55' 51-X�_-_i/ 2'// //"4� EL 49 3 \ , 640 N W58'13" W 622 / / / \ EL:47.85' 396.00 b EL:50.63' 4 X 655 \ v \ 651 90 47 62Y0� `\ �_�_ 66247 EL:47.25 Q `9� EL:50.12' �EL:51.12' �j / / ECM ECM FORKS, \_ Z .34' \ p LLC. -49" / 652 �p �O ( EL 654 �i EL:49.06' 653 EL:48.65' 91 N 88°54'13" W 93 op1'�� ECM 1555.80' ECM 92 s66 6��p SLACKRIVER N6�a ECM 2 FARMS, LLC 681J ., DB 1385 PG 153 94 e BLACKRIVER FARMS, LLC DB 1385 PG 153 MAP20F2 N Of LEGEND: EIP EXISTING IRON PIPE _ �F EIS EXISTING IRON STAKE State of North Carolina ISS IRON STAKE SET County of O ECM EXISTING CONCRETE IVANHOE RD MONUMENT I, Review Officer of County, ' CMS CONCRETE MONUMENT SET Certify that the map or plat to which this certification is affixed meets all ERR EXISTING RAILROAD SPIKE statutory requirements or recording. EPK EXISTING P. K. NAIL ry f di q g. So EMN EXISTING MAG NAIL AI� EIA EXISTING IRON AXLE Review Officer I, M. Shelton Bordeaux , certify that this map was drawn under my GFR PKS PK NAIL SET This survey is located in such portion of a county or municipality supervision from an actual survey made under my supervision that deeds �r MNS MAG NAIL SET that is reg ed as to in ordinance that regulates parcels of land. used for this survey are shown by Book and Page number in note number CENTER LINE os & RIGHT OF WAY DATE OF SURVEY ''� �- one on this map,that the boundaries not surveyed are cleary indicated as SITE CID COMPUTED POINT M. SHELTON BOR©EAU 9-2-2008 w � shown by Book and Page number in note number two on this map that the EN EXISTING NAIL FILE: 07176-8, PCS Professional Land Surveyor Date ratio of precision as calculated is 1 : 10,000+, that this map was made in ENC EXISTING NAIL AND CAP SURVEYING accordance with G.S.47-30 as amended. Witness m original signature, VICINITY MAP M. SHELTON BORDEAUX, PLS L-2947 DRAWN BY re istratio number and seal this day of 2008. \ SURVEYORS DECLARATION TO WHOM IT MAY CONCERN 9 Y cr 4241 NC210 EAST M-SHELTON �.� �%%J1 tJ" (NOT TO SCALE) W BORDEAUX Cd^r�r4 RE LS N.C. 28444 THIS MAP IS A CORRECT REPRESENTATION OF THE LAND SURVEYED AND PLATTED, "�Q i, gy- J) BUT A NORTH CAROLINA LICENSED ATTORNEY AT LAW SHOULD BE CONSULTED �1� _°°°<<'° Yi NOTES: A SURVEY FOR CONCERNING F WAYS ANY CEMETERIES ES NOT WIDTHS HOWN ON RECORDED MAPS OR DEEDS - oQ 0-0 ��SS/Q ° -.0 Z X 1. DEED REFERENCES: MB 40 PG 21 & 22, MB 10 PG 8, DB 128$ AMER/CAN MATERIALS '2� Q PG 744, MB 8 PG 89 MB 9 PG 5 DB 1650 PG 961 MADE AVAILABLE TO THE SURVEYOR BY THE PRESENT SEAL Surveyor .L 1 2. All lines are shown as surveyed b me on date of survey unless THIS SURVEY,AND OTHER TITLE QUESTIONS REVEALED BYA TITLE EXAMINATION. �yt o L-2947 yt$ y y y COMPANY, LLC PROPERTY SHOWN HEREON,TOCHECK FORANY IT IS THE RESPONSIBILITY OF THE PRESENT ONNERORFUTUREOWNEROFTHE i �< S 3. This risla survey of existing tracts of land combining said tracts. LOCATED IN FRANKLIN TOWNSHIP, OROO BE HRA WATER BLE OCONDITIONS R CERTAIN ICHMAY CANO OEA PORTION OF THIS Y OF ANY NATUREPROPERTY '�� CTIIN CTION rSF�°syroV�.2; Professional Registration 47 Lkwl)QIJAUTYSCTIIN CTION ' 4. The topographic survey is shown as surveyed by me along with SAMPSON R COUNTY,c scnl NORTH CAROLING BUT ARE UNKNOWN BY THE NKNOWN SUH SURVEYOR TOXIC OR CONDITIONS HAZARDOUS WASTE MATERIALS,PRESENTLYCEMETERIES,A 'Irrlhr�RN�\09O� - - the property lines along the Dr Kerr Road SR No. 1105, other lines shown as taken from deeds and maps of record 50 0 50 00 ik 200 250 300 ETC. \ I � S 87°5913"E IVANHOE LIBRARY LOT MERCANTILE TIMBER, LLC --�—� 41922'DB 1332 PG 355 S 83036'00"E (PROPOSED) \ I 75.92' �� 41 1 737.26 toe IN 110 EIS 40 S 87°5613"E EIS END EIS r EPK _ _ S 87^� '1°8"E _ EC -- ECMy S4fi°34'i6 _ EMN 2721T. 'y 270.03' 111 i 38 THYRA BROWN \� \ 107 EIS IEMN LUCAS iy N 82017'32" 4 36 DB 1000 PG 56 146 108 i 293.78' 5 EMN T° w ECM 1 N I 34 X ST By 4T VEMN 14 'IS a' s 1a 30_ 50'uu9er line a \ NASH JOHNSON N w ECM y ` � EIS \\�� D81036 PG 86 S 1$ ` w rom o Basin Distance N w1m 31 578 b Wn'1 6 8.16Ito EG \ Nit I\ m 1 o n _ 7 1578 Ca ECM a9'1aar'__ '� `\ ` 1 fSS1 57 27°2 ' 4' JABE FIVE 3631° 'PO�p\� I eT"E PROPERTIES, 01 �O \\� 3N IN CENTERLINE\\� Nj3°638 LTD 99 00 ECM ECM \\ CONTROL POINT) II\ (CC N DB 1097 PG 893 ECM ECM N 57°22'00" E Lot 4 �� E2�� _E"�/'� 353.ao' 278,67 ACRES+- i EC N75°1t'00"E (INCLUDING HIGHWAY RNVS) \�\U EC / \\ / � N 22280' ,\ S78°34'00"E ' I, j 203.50' 0FRCE SEE/� \-. "' 118 / 89 \ 9 �X 0 N 73°47'00" E [ �577 -76 \. / Ecn� ,S,,c . I y `I 342.86' V \\ +-1 � \ � .7 23 \\� 42s y Y \ y 43 PROPO ED 7g\,I ECM PROPOSED SHOP SITE 50,buffer line / 9 Pwn7SITE 47 1 E ECMEA ^ JABE FIVE 97 95 94 s1 4$pAe " PROPERTIES, NO3°27'00W ECM EOM N88°2813"W ECM 93 ECM ECM 3Is prw N 88°54'13"W ECM \� \ D8 1097L PGD893 565 46095^ 44"E "°p5�,3s 584 1020.10' 1555.80' 92 S 30°01'47'W V' N 67°5813"W EC OLD TRAILER HITCH Q"r M s� MHS y \ 94.80, N 386 \\ F I � \ S 6690114T W 264.00' 568015'47'W \\ S72°i3'42"W \ 2B9.94'771 \" 756 322.66' 705 \ Ra�jDrs 48 49 EIS \\ S3. MHS ro7o•° ,7s.k, qy�7>s EIS \ MHS 1Gk `p44 \ n f D°NQ�o o te'�'rF \ ` sr. F Iy g I,'Ix Tes O<*lej 50 \� \ 7702 //� Iss ax 772 IS S3101247"W ° MiHS sSe ?>.�\cP � eP4! CID 331.85' �a 19 1. // e°��a° S 42°4447"W $fO�W- // 775 (INBC2EDLINaI 125.00' 71e CP N84°yC51"E 51 711 Iss sn.2T EIS n N MHS � `Tp \773 rv27`r6385 N CP// CP (WWMDLINE 52 S10°3447"W 712 14 EIS 388.21' P JJ MHS sea°52r2 E W �O S 20011'44" E // ICQWUTED LINE) ,ZO 301.75" 715 ri rn MHS \" Lot 1 & FORKS, LLC ���ICI 767 266. 1 ACRES+- r; DB 1288 PG 744 N x 11595\909.93 sq ft A^ A y 47•W SITE -T h h 5531351,.w SB'd°07' m EXISTING 5 51?as' M 83762' EIS N EXISTING 887°24'48"E S 87°24'48" E • EIS TEE IRON Q-- 5�41, 768 679.98' Se BLACKRIVER cP EIs cM w j u, VICINITY MAP FARMS LLC r` - w--ov - wl T. (NOT TO SCALE) DB 1385 PG 153 rn `S. MS 17 PG 23 0 < m 3m eIm ww oo m N NOTES'. z m —z g \ 1. DEED REFERENCES: DB 1288 PG 744, DB 1385 PG 153, OB 1692 a PG 881, ME 9 PG 5, M8 17 PG 23 776 N 88°21'17"E g I m qa.tv�) 2.All lines are shown as surveyed by me on date of survey unless CP oic580. ouNE177 v 5�/ 55 Dthelwisa noted. CID59 EIS 3.This is a survey of existing tracts, m� y ECM A SHELTON BORDEAU DATE OF 9- - 08 o a EXISTING _ -663 FILE. 07176-7. PCS o a DUSTING SURVEYING M. SHELTON BORDEAUX FILE L-2947 DRAWN BY 1 :"CE D 4241 NC210 EAST BORDEAUUX A SURVEY OR D3 j 20pE AMERICAN MATERIALS W E EIS � N ' cn� COMPANY, LLC. EIS LOCATED IN FRANKLIN TOWNSHIP, / m SAMPSON COUNTY, NORTH CAROLINA / 61 I, M. Shehon Bordeaux , certi that this ma was drawn under LEGEND: 1y P dmy eeds / EIS EIS EIP EXISTING IRON PIPE supervision from an actual survey made under my supervision that deetls 2 EIS EIS EXISTING IRON STAKE used for this survey are shown by Book and Page number in note number T1°�1 q1+ ISS IRON STAKE SET one on this map, that the boundaries not surveyed are cleary indicated as '> s� S 534a ssoos•a7w ECM EXISTING CONCRETE shown by Book and Page number in note number two on this mapthat the 40 3m.ar MONUMENT ratio of precision as calculated is 1 10 000+, that this map was made in :k 62 CMS CONCRETE MONUMENT SET accordance with G.S. 47-30 as amended. Witness my original signature, Ilk EIS ERR EXISTING RAILROAD SPIKE registration number and seal this dr� day of 2008. EPK EXISTING P. K NAIL EMN EXISTING MAG NAIL EIA EXISTING IRON AXLE a`� C Ny PKS PK NAIL SET jr �FGSS! ' , c� FORKS LLC MNS MAG NAIL SET ;G Q- �q."fYy CENTER LINE 222222 Q N. p Surveyor 63 DB 1288 CG 744 RI W RIGHT OF WAY SEAL (� EIS CP COMPUTED POINT *1,r L-2947 ��7t L-2947 EN EXISTING NAIL y °f,1, ,�,j` Professional Registration Number ENC EXISTING NAIL AND CAP `Iy°�., Spf�VF` 4,Pr GRAPHIC SCALE I"=800' rq ; BO�� ^ 360 6 600 12M i S 875613" E IVANHOE LIBRARY LOT MERCANTILE TIMBER, LLC — ��' 419,22' (PROPOSED) 06 1332 PG 355 S 83°36'11" E 75.92' I �� 41 73726' 108 �/ EIS 40 106 S 87°56'13"E EIS 1=v 1=s EPK \ ECM [� _ S7 1°6 E y v S46°34'16" EMN 272 \ � 270.03' +„— "i 38 THYRA BROWN \ \ 7 es ,t EMN LUCAS , N 821T32" \ 36 DB 1000 PG 56 \ r 146 105 283.78' 35 EMN ECM 1 ECM a EMN\ g77'50'41' \N \f\ N C \\ IN e �o EMN _ �143040 50'buner line �\ \ \ NASHJOHNSON EGM Z , E�5 \ s A y\\104 DB 1036 PG 86 �I n -P �\ u, 'oFrom To BearingDistance O �\\ 6��. O ,., � 1m 31 78 S56"25'12" E 60816' rp 'P ` \PP 0 ov 109 t03 of if ki 0\ . \ N \ p ,\ on 1 Fmm o eann Distance ECM. os 4.,0.__ .(5 jj,\ < ` \ 31 577 S 2T20'34"W 33.14' /' 0 P 0 579 S 4fi"3T72"W JABE FIVE 31 P \ re'nT.S' PROPERTIES, 9p NINCENTERLINE\ 1'673a LTD yg 1W ECM ECM \X\ (CONTROL POINTr \ C81097 PG 893 ECM ECM \\ �\ E6�ry _ N57°22'00" E Lot LI5�\ 98 • ` 353 sD' 278.67 ACRES+- ECM N 75'11'00" E (INCLUDING HIGHWAY RMfS) �U" pab EC \, /�� OA S 78034'00" E - OFFICE � Z. 203. PRorosEo/ � p 18N 73°47'00' E sn 576 Z 342.86" \ m421 422/ \ \ 1 6' \ p 79 4n 7 43 a �, y J\4 \ O �z ' PRoEc Eo SHOP SITE 76 ECM PROPOSED 50'bu*r li� 1 PLANT S7TE, 47 EIA ECM a� p4iti JABE FIVE 97 95 94 91 n>s' J PROPERTIES, NO3`2T00"W ECM EGM N 88`28'13"W ECM 93 ECM 90 3 N N 88'54'13"W ECM ECM HIS DB 109LPG TD893 e2ana' 0as ery9� 1020.10 1555-80, 56B do 2944"E - 584 92 S 30°01'47'W ,p \ OLD TRAILER HITCH O� MHS J, \ N 67"5813"W EC 260.04' '� ECM 145, et 'qo \ 94.80' ass S660147A 6` 26400 S 68415'47"W \ \ \\ S72°13'42'W \ 289,94' 77, N4 705 e 76648 � \\ 322.66' P EIS MHS \ N2o 49 Ur Sezz \ MHS �O�SS3q. v z�¢rry56^ EIS CY &� vzr Iss �O +P. 50 Iss S 710 S 770 O ^s 7i2 53112'47" W MHS "�" y"AcP O e? CP Sr 331,85' S 42"44'47"W S00 �!1 775 -t. D'-wE 12800' �)18 CP N63'129"E $1 711 Iss nn 27 EIS N ? N MHS �' f na Sr I N cP nr-jJ, CP 1 O I, m om CP 1mmperyan-. 52 S10'34'47 J� 2 �� EIS 3882, �A MHS sPn sszrE u, 'os �� 20 S20"1144" E zlono• g pN' la 30175' 715 cp / MHS Lot 1RES FORKS, LLC ,P 67 2661 AC +- m o.- / o '`\ 3 11595\909.93 sq ft a k 07'41°W 3 tih�ti 551 .�„ � s6r 53 EXISTING SITE TEE IRON 580.41' m 83762 EIS N EXISTING S 87 2448E S 87"2448"E EIS Q'— 768 679.98' ,e BLACKRIVER u CP EIS ECM N FARMS, LLC VICINITY MAP u, g D $ NOT TO SCALE VB r, PG 153 m WHN v u\�: MB 17 PG 23 � F zIm �z m W old \ NOTES o 1 DEED REFERENCES IDS 1288 PG 744. IDS 1385 PG 153, DB 1692 z PG 561, MB 9 PG 5. ME 17 PG 23 776 N 88°21 17 E 4+. 2 All lines are shown as surveyed by me on date of survey unless CP o 580.00' 777 r o 5591/ 55 otherwise noted q IcoMnLrso uee,CP CO 1p 521 p1 EIS 3 This is a survey of existing tracts. m cn M 56 DATE OF SURVEY M. SHELTON ORDE 8 as EXISTING SURVEYING FILE<7 07176-7. PCS z> DLGs7oNE ///0��( O /II�, M SHELTON BORDEAUX PLS L-2947 DRAWN BY in 4241 NC210 EAST M SHELTON ♦1 RECT WD HARFi BORDEAUX z C\� 90 P SIIR'VEv FOR W E EIS oEc s � 100G AMERICAN MATERIALS 64 N LArdLcuALlTvsr:°TI°" COMPANY, LLC. EIS m N LOCATED IN FRANKLINTOWNSHIP, SAMPSON COUNTY. NORTH CAROLINA / m / 61 60 LEGEND. 1, M. Shelton Bordeaux certify that this map was drawn under my / EIS EIS EIP EXISTING IRON PIPE supervision from an actual survey made under my supervision that deeds z 17'41``N EIS EXISTING IRON STAKE used for this survey are shown by Book and Page number in note number 571 s s:']v4 -n ISS IRON STAKE SET one on this map,that the boundaries not surveyed are cleary indicated as N w 5340 ECM EXISTING CONCRETE shown by Bookend Page number in note number two on this map that the �, 10 iss"' MONUMENT ratio of precision as calculated is 1 : 10,000+, thatthis map was made in tk 62 CMS CONCRETE MONUMENT SET accordance with G.S. 47-30 as amended Witness my original signature HIS ERR EXISTING RAILROAD SPIKE registration number and seal this m day of ��i��iasr 2008. ,1N1 EPK EXISTING P. K. NAIL 55 Yfi EMN EXISTING MAG NAIL mo��U4Np1 ) /- 9 1�g. EA EXISTING IRON AXLE PKS PK NAIL SET F1;,SS700� r44iz FORKS LLC MINIS MAG NAIL SET FZ� kq 63 DB 1288 PG 744 G CENTER LINE g 2 R SEAL Y y Surveyor 4 EIS Ri W RIGHT OF WAY CP COMPUTED POINT %* L-2947 *£ L-2947 EN END EEXBTN GNNAIL AND CAP AILz4ry hy�. SURNF"+O�ef Professional Registration Number GRAPHIC SCALE V=600' hrrrW111"Im am o 600 12w '-'� Wehner, Judy From: Pace, Jodi Sent: Monday, August 10, 2009 5:38 PM To: Werner, Judy Subject: Mine Review Attachments: D00081009.pdf Judy: Here is the mine review for Ivanhoe Pit N2,82-19. Jodi Pace, El Assistant Regional Engineer PLEASE NOTE THE NEW E-MAIL ADDRESS Land Quality, FRO odi.Pace(@ncdenr.gov Department of Environment and Natural Resources (910)433-3300 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. e� J " , �, 1 � '' MINING CHECKLIST FOR ROUTING ApplfoarWs Name: AmtIn ca4n 061:kviabProject Name:TJ 0,r)k/" PH 00, a ApplicJPermitNo:� -fgCounty g0YN DateReceiva: Reviewer: _ River Basin Name: CO O-C ❑New ❑Renewal Modification (inside permit boundaries) 0 Modification (outside pe it boundaries) ❑Transfer ❑Release ❑Partial Release Tdditfonal Information 0Fee Needed: $ 0 Fee Received: $ Please route entire appficatiQu package tom+: Regional Office (2 complete copies; attach the"LQ5 Regional Office Mining Application Review Checklier to one copy and attach baril the DWQ and DAQ "Mining Application Review Form"to the other cop{ send both copies to the Regional Engineer) Date: Routed +Lialnq hoed 0 DMsion of Water Resources Date: Routed Reed ONC Wildlife Resources Commission Date: Routed Reed 0 US Fish &Wildlife Service Date: Routed Reed (Only now applications and modification requests that add land to the permit) Please route first 3 pzgaes of the application and any location mans to: ❑Division of Parks & Recreation Date: Routed Reed 0 NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) 0Other. Date: Routed Reed "5uspense Date for Comments: �(� (ho later 15han 25'day6 from receipt) JUL 21 2009 J ❑Please note the following: I j ins mF , .ioiarv�J 5C w DIL o0vi �}'lO.MkS MINING CHECKL15T FOR ROUTING Applicarrt'sName: a)c /lcov, Ok4 oilLProjectName: --'—y • J .,i rfI 9 b ApplicJPermit No.: LQ. 1.0county: �a rn'l Jsrm Date Received: _� 1 I� 1 D9 Reviewer. 4utRffivzN9 River Basin Name: �s z2i k tJ ,— �- �l`JFhnyv ❑New C Renewal O'Mod fication (inside permit boundaries) ❑Modification (outside permit boundaries) CTransfer ❑ Release j ❑Partial Release 7,Additional information ❑Fee Needed: $ ❑Fee Received: $ PI Carr ro pplication package to- 1' t�-{r vi �� Regional office (2 complete copies; attach the"LQ5 Regional Office Mining Application Review Checklist to one copy and attach bah the DWQ and DAQ "Mining Application Review Form"to the other copy; Send both copies tc the Regional Engineer) Date: Routed I I=11n Reed ❑Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish &Wildlife 5erAce Date: Routed Reed (Only new applications and modification requests that add land to the permit) PI ase ro ul first 3 pages of the application and any location maps t2 ❑Division of Parks & Recreation Date: Routed Reed ❑ NG Geological Survey 5ection Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) 13Other. Date: Routed Reed "suspense Date for Comments: R I 1 1 1 n 9(no later than 25 days from receipt) C Please note the following: �- Y"OV V ill A v �l�i ✓� rS I American Waterials Company, LLC W P.O. Box 88 Clinton, NC 28329 Phone. (910) 592-1753 Fax: (910) 592-9461 July 15, 2009 Ms. Judith Wehner North Carolina Department of Environment &Natural Resources Division of land Quality 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Ivanhoe Pit No.2 Mining Permit 82-19 Sampson County Cape River Basin Dear Ms. Weimer, This correspondence is in response to the letter dated May 18", 2009, in regards to the Ivanhoe Pit #2, mining permit 82-19 modification. Please find attached a detail description of the construction of the entrance/exit at the Ivanhoe mine site. If you have any questions conceming this, or any other issues concerning this site, do not hesitate to call me at 919-990-7928. Respectfully Submitted, "V^ ` RECEIVED Tony Harris JUL 17 2009 General Manager American Materials Company LLC LAND QUALITY MINING PROGRAM NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section RECEIVED JUL 17 2009 LAND QUALITY MINING PROGRAM 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised:January 30,2008 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Ivanhoe Pit #2. Permit 482.19 County Sampson River Basin: Cape Fear Latitude(decimal degrees to four places) 34.6024 Longitude (decimal degrees to four places) -79.2854 2. Name of Applicant* American Materials Company. LLC 3. Permanent address for receipt of official mail** 6131 Oleander Drive, Wilmington. NC 28403 Telephone 910-799-1411 Alternate No. 910-604-1441 4. Mine Office Address 3596 Dr. Kerr Road. Ivanhoe,NC 28447 Telephone: 910-532-6070 5. Mine Manager Jamie Goff We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ? ***Signs Date ' l� Print Nam VBiz ell Tide President * 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 Land Quality Section must be notified of any changes in the permanent address or telephone number. ••• Signature of company officer required. G.S.74-5l provides that the Department shall grant or deny mapplication fora permit within 60 days ofireceipt ofa 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. _ American %terials Company, LLC G� P.O. Box 88 Clinton, NC 28329 Phone: (910)592-1753 Fax: (910)592-9461 May 27, 2009 Construction Detail, Ivanhoe Mine Entrance/Exits I. Area of entrances and exits were prepared by utilization of excavator to remove topsoil and debris. Inferior road base material was undercut and removed. 2. Area was then leveled by use of dozer. 3. ABC was placed in area of road not to be paved. 4. NCDOT Approved ABC was placed and compacted at a minimum depth of 8 inches in the area receiving concrete pavement. . 5. A minimum of 8 inches of 3500 psi concrete, containing fiber was placed in the entrance and exits of the mine site adjoining the pavement of State Road 1105; Dr. Kerr Road, Sampson County, North Carolina. All this was performed under the supervision of the NCDOT. American Materials Company was mandated by NCDOT to obtain a $2000.00 bond per entrance. This bond would not be released until these entrances were inspected by NCDOT representatives to ensure that construction met requirements. Please find attached the information on bond and the releasing on bond by NCDOT. r ' �<. ._. STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BEVERLY EAVES PERDUE EUGENE A. CON11,lR. rAWX eR Secnnrur March 4,2009 Division 3, District 2 Sampson County American Material, LLC Tony Harris Subject: Releasing Bond Driveway Permit SR1105 Dr. Kerr Rd—Sampson County In reference to the above Subject, this is to advise that the work has been completed. Attached you will find a copy of the Bond Letter from Hartford Company issued September 09, 2008. If additional information is needed,please advise. I may be reached at 910-592.6174. Yours very truly, K.E.Fussell,P.E. District Engineer KEF: adw Clinton District Engineer's Office 220 North Dculwed,Clinton,NC 28328 Telephow(910)592-6174;Fm(910)M-82M ]dveveY ate of i' oermlt No. IlMilon Ooun ,. vt N , ]evel marl Nama: MCrI CA,n LLf. �` i kr Y':~•, H Rwtankoad: SR f1OS DA. kat Exact Distance Miles N S E W ` Feet ❑ ® ❑ ❑ From the Inte?sacdon of Route No. 5R Ua5 and Route No. yQ )pOq Toward Froperty Will Be Used For: ❑ Reslaanuai Isummsion. )R Conanerdel ❑ Eau®tmrui Fadudae ❑ TNo ❑ Enerpenw aaMoss ❑ oMar Fro a Is ie not widen A U ZWIMCI Arse. r I, the undersigned property owner. request ema9s rtl pepniaelon'td-ednarruct onveway(s)or streets)on public right-'' of-way at the above location. . I agree to construct and maintain drlvewey(s)or street entrance(s)In absolute conformance with the current•Polley on Street and Driveway Access to North Carolina Highways"as adopted by the North Carolina Doperiment of Transportation. • I agree that no signs or objects will be placed an or over the public rlghl-of-way other than those approved by NCDCT. • I agree Vat the ddvaway(s)or stre9t(s)will be constructed ea shown on the attached plans. • I agree that that driveways)or streets)as used In this agreement Include any approach tapers, storage lanes or speed change lanes as deemed necessary. • 1 agree that If any future Improvements to the roadway become necessary, the portion of drivoway(s)or atrest(s) locatod on public dght-of-way will be considered the property of the North Carolina Department of Transportation,and 1 will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction. • I agree that this permit becomes veld If construction of driveway(s)or streets)is not completed within the any; specified by the*Policy on Street and Driveway Access to North Carolina Highways•. . I agree to pay a$50 construction Inspection tee. Make checks payable to NCDOT. This fee will be reimbursed I1 application Is denied. • I agree to construct and maintain the driveway(s)or apostle)In a safe manner so as not to Interfere with or endanger the public travel. • I agree to provide during construction proper signs. signal lights,flaggers and other woming devleas for the protection of traffic In conformance with the current•Manual on.Uniform Traffic Control Devices for Streets and Highways`and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the District Engineer. • I agree to Indemnify and save harmless the North Carolina Department of Transportation from all damages and claims for damage that may arlse by reason of this constructor. • I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may be caused to such facilities, within the highway right-of-way limits, In carrying out its construction. • I agree to provide a Performance and Indemnity Bond In the amount specified by the Division of Highways for arty construction proposed on the State Highway system. • The granting of this permit Is subject to the regulatory powers of the NU Department of Trensportaadn as provided by law and as set forth In the N.C. Policy on Driveways and shall not be construed as a contract access point. • I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS COMPLETED. 2004-01 NOTE: Submit Four Copies of Application to Local Dlstrlct Engineer, C;Dapanmeni of Tromportallon TES ss-0mav, s1WO •PROPERTY OWNER(APPLICANT) WITNESS COMPANY 'P tN m_e {Mwelteon roa6l t k Gaybfm. NAME Pdm Name bftn:a A( - L""_ SIGNATURE f" SIGNATURE 2]..D N Ak„! ADDRESS ffi, 040L\, ADDRESS UXw qvv. NC Phone No. AUTHORIZED AGENT (01111L Rrps tMd Du+rn) WITNESS COMPANY Pon NamO NAME Print Nama SIGNATURE;:- ,Uu)y SIGNATURE L 'AO6RESS ,324 ADDRESS 9 Plane NO. .� APPUCATION RECEIVED BY-916*RCV ENGINEER --'7 aloraruRE re. APPUGATION APPROVED BY LOCAL GOVEWJMENfAIAUTHOR1fY(when mwbad) I I 81UNATURE TIRE DAW APPUCATIOel APPROVED BY DISTRICr ENGINEER 310MIURE DATE INSPEGTON BYNCAOT SIGNATURE TITLE DATE COMMENTS: CommarclaJ drlvewaye Wall he paved from no edge of pavement to the Slate right-of-way or to the back of the ditch which ever Is legs.Pavement shall canelat of a mlvimum of SIX(6 taebm of compacted ABC slave and 1- tR lvchn of Super Pave 93-A aphdt(from ed¢eof Pavemegt to We RRV7 OR Type Btoocata(Mlalmom6 - inchn thick from the edge of pavameae to the)V W)r The edatln¢edge of pavement that]be cut sbtlght If It B JUSM to form a squs bond Mta the Aow drlva. DOT should W connected to Impact the depth War to phoemnst of romarlaL •` REQUBtED TO OFT BOND BACK A s 5a.fyo nopecdau fa in no form era pelsooW check and a S ACCO CC Performance Bond(pn drtvewey) in the form of a CerWlcd Cheek,both made out to NCDOT,mutt accompany Ob application.The Wad amount will be returned at a Point in Bme,providing you have met no above pavtn¢requlrem uns,'and contact DOT for On final taepeeaap. Four coples of an gaamemed dnwfog pile plan)@hawk&vie details requntW on page IA(ch.q of the piQ S`fBSNT AND DRfYBWAY MANUAL,mutt aao agoW We commercial drtveway po mlt along wilco the chance mentioned ahova "r�r�Mirad Bend: �4eoo.00 b m Z •, mr.m v L2 ivz r. 5 1 7 � r SAMPSON COUNTY N°M WOUNA EROSION AND SEDIMENTATION CONTROLINSER 7EMFORARY. (I) All land-disturbed areas shall be graded to minimize runoff. (2) All-land disf rbed area on the banks and approaches.to ditch, stream or creek shall be graded not to exceed 2:1 ratio: Sarface water runoff sha11 be diverted from land'disturbed areas. (3).Constrict and maintain detention basins,.Ot traps, check dams and. . 'barriers. (4) Divert all ru ioff into ditches, detention basins or silt basins. (5) All trenches to be left Open greater than.tFenty.-four.(24 hours shall Have ii spoil placed uphill of Me,Ire nc 11 thereby converting the open trench to a 'sjl t trap. (G) Not; more than 300 feet of trench shall be opened in advance of Completed backfll: (7)' Trenches shall not remain open greaterAhan five (5) working clays. (8) A11.Iand disturbe&areas on [lie banks and approached to ditch, stream or creek-shall be fertilized, limed, seeded; and mulched within five (5) working days. . (9) All land disturbed areas,related to pipe installation sliall be fertilized, Rined, seeded and mulched within ten 0 C) wprldng days. ( ICI) Seeding will not l.% dome in areas to receive pavement. ( I) Final grading, sail preparation, fertilizing, Ii:Ming, seeciing.and niulclisng shall be completed in all land disturbed areas tiAffi ti thirty (30) working stays of completion of any land disttirbing activity. lVO?E: The &bove inewures tngav Lieglfered at the disc efign of tilt! F e Special Provisions 1.) Traffic control must be maintained at all times per the Manual on Uniform Traffic Control Devices (MUTCD). '2.),Proper•#raffic control devices; signs, etc. shall Oe ink4ed to insure, public safety per the Manual on Uniform Traffic Control Devices (&MCD). ; 3.) Notify the 1-116way-Maibiena�ce Engineer prior to begi'aiog work .and when work is satisfactorily completed at(910)-592-1-434. 4.)Right of way is valid. 5.) Materials and workmanship shall conform to N.C. Department of Transportation's.Standards and specifications dated July 1995.- 6.). Contact the appropriate Utility Company(ies)'Involved and niake satisfactory arrangements to adjust the utility(ies) in conflict with.the proposed work prior to construction. Call 1-500-632-4949 to Iocate all utilities before digging. 7.),Any Drainage structure disturbed or damaged shall be restored to its origindl condition or as directed by the Engio'et. S.)Trenching bore pints and for other excavations shall not be left open'or unsafe overnight. 9.) Proper temporary and permanent measures shall be used to control erosion and sedimentation in accordance with Local, State and Federal regulations. 10.) All equipment and'materials shall be removed frorsi the right-of way when not in use, 11.)Ingress and egress to all businesses and dwellings sWI be maintained at all times, 12.)The following is a guide for haw low a drop inlet should be from the edge of pavement. If shoulder is 0 to 6 foot wide -- P pe'r footmax Slope 6 to 10 foot wide--'fi"per foot hwcc Slope 10 and greater wide--lW per,foot max,Slope 1J.) All commercial driveways will require•the owner to pave •the entrance from edge of pavement to the right-of-way,ar to back of ditch which ever is less. 14.)'Headwills are not allowed. Slope protection may be discussed at time of application. 15.) THE ALLOWED TO INSTALL DRIVEWAYS--construction-must be,completed by- For regular commercial driveways-90 days after approval date Special commercial and ResidentiallSubdivision-4 year aftcr.approval date :iii nJlj�''�i•': 1 - Two-wey Traffic Taper leab aHd. HFeaYH Y LmnrCa]e.an /YMaN A➢P'kmlae Disawws � • 0 NtlOM OdOtl a LN3 <: umram1 ro.Y0' m4641200 m mt":wa :%"t' X� vY.�ma rmmm mtYm' .m t.n g . FEET. rw tmj ,roman m lomdoaen IA...m mae w Ymm rn. ma, +,� ONE IINE •ewYwYFYYe.uw.YaMum.w� YY.w Y.� pnunYmwwaYYq.M ai.bYt.. MwweY bYetlmwww.mrwu e�er.d.Ye Wlrw eN4Y.. RO ' M.s.w RwfYO.rwW�YY.6m.Y ��' Fwma.Y hrlw YbWw: •.n.w1..rK.•YO.Y • aM1.Ib.YIM.MW MPMI FiOUTS TA-00. Lnne elanurs Im ona Innstwo w.y HYMa aem.o! 127 3 PERFORMANCE AND INDEMNITY BOND 221182F694e NORTH CAROLINA DEPARTMENT OF TRANSPORTATION-HIGHWAY ENCROACHMENT INSTALLATION amerlcan mitarials commany r.oy PRINCIPAL (Second Party to encroachment agreement) Hartford Flre iceu a Cemaany SURETY se.can DESCRIPTION OF ENCROACHMENT AGREEMENT: AMOUNT OF BOND Route or Highway No. 1105 County Sampson September s, 2008 Date of Encroachment Agreement aepteaber 2e08 DATE OF BOND Specific Location of Encroachment: Between m "N aalt Trestle Road Type of Encroachment o, Driveway (Water. Sewer, Gas, etc.) KNOW ALL MEN BY THESE PRESENTS, That we the PRINCIPAL and SURETY above named, are held and firmly bound unto the Department of Transportation,an agency of the State of North Carolina, hereinafter called the DEPARTMENT, In the amount stated above for the payment for which sum we bind ourselves,our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the PRINCIPAL entered Into a certain Encroachment Agreement with the DEPARTMENT herelnabove described and Incorporated herein by retarencd; NOW, THEREFORE,If the PRINCIPAL shall well and truly install the sold encroaching facilities on and along the highway In accordance with the"Policies and Procedures for Accommodating Utilities on Highway Rights of Way'and any supplements thereto and In accordance with the other provisions of the said Encroachment Agreement and shall Indemnify he DEPARTMENT for the failure to Install the encroachments in accordance with the foregoing manual and provisions of the said Encroachment Agreement, then, This obligation to be void;otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representative pursuant to authority of Its governing body. (Seal of Pmwipal) American wterlala Commanv LLC PRINCIPAL(Type Name of Principal) Adept, �(I /J Clerk or Secretary Pres. siderR (Dotal Inappropriate Title) (Seq 618�(ety,>_ Hartford Fire Insurance Coinuany (Name �offSURETY) s \7/ BY: G�P/4M' �P/h1Q+�0AL( At drHFact Kerry Gsrmaneakl NOTE: Attach P.ay%aT of Attorney and Certificate of Authority of Attorney-In-Fact. FORM RAN 16 f Phis form to be used only by second party to encroachment agreement) Re iwd July 1976 Dire[Ilneu)deLGMm,on: TE OR TF POWER OF ATTORNEY P.Oe X200HBBORASYLUMDYENIIE SOMO TA HARTFORD.CONNECTICOf 0011a call.ma-Z a 498 Or w,:a TST-SMS) KNOW ALL PERSONS BY THESE PRESENTS THAT: ARerrey Code:22 271004 © Hertford Fire Insurance Company,a mmpnJon duNorypnimd udetMlable areas Siam orfnmaaunn Q Hartford Casualty Insurance Company,nmepomli0n duly orpnisd userthe low,ofrbc Slaw cluster Q Hanford Accident and Indemnity Company,a ampowbu duly installed wdn'tlw Mwo or do Rune ofcomwor cut Q Hartford Undnwrlben Insurance Company,a maintains dulyoRoNssd ceder the laws of tree Sme afConowticul Q Twln City Fire Insurance Company,a mNgmadon My orlanhd under rfe Iowa a'lhe Slew of Indarm Q Hanford Insurance Company anurrobs,a carpomfwn duty orpmiaN seem Am laws plan State urnpirms: Q Hartford Insurance Company Oft Mulhouse,awrparlan dub aeons under OR Iowa of the swig of Below Q Hartford Insurance Company of As Eouthesee,a mrpomdore duly owonud user ties laws of At Slow of Florkb hvang their home alum In Hanford.Cormecdmd(hereinafter mllecuvely referred to as the'C Swrrdm7 On morally make,mwtllula and mail up in the amount of UNLI M ITBD RENEE B. MEN, KERRY OERNWNOSKI, JCLSA NCELLIOOIT. KIMBERLY RO(ZHOSTER, LIf ANN MOOIERS, JENNIFER L. ONDIRHILL. SN6ILA ELLER OF RA.EIOH, NORTH CAROLINA their blue and I&M Ammey(s)drHFact. mM In their scooters mpecUy If more ern one Is named above,to alp IO name as suwlm)only us dltnaswel ahem by ®, and M eyecurs,seal and adm edge em'Spas as bonds, ume tangs. mnteacts and often "Ran Imbumenls In the nature Mh t,an balwll of ie C men In their buainma of Quintupling upling Me RdNly of penorm,puanmeotrp IRe performance of ccnba 4 ON maesdn or Ouamnrselrp bonds aM UMw Wn2s ra rO Or"MIU d in arty acdam m Poaesdbpe 0110w bylaw. In Wlmase W era&,,and as eua ZW by a Resdudon of to seas of Din M of fore Companlm an Jarhoery 22,FOGS,Oro Compenlas have marl them CrCewlw to be ngned by I%Amlotanl We PnaI0m1 and Its corporate Ionia 10 be berets eMXW,duty etMewd by Ila Amwwnl l Seve[ery.Fmbser,pJrabent to Read Won of Me Bosh Of Sateabn of Om Cwnpenfea,Thee Companies hmeby"mblO ly affirm that ugly are and wIA W baud by any madwnl®Iy mpllad mQvmtpfm OPPOOd Io Me Power Of AOomoy. sae �rak�k r•ny e �l .r:.a ,.:. hJA.BaraprMa.Aghlyd eev,Iuy u.RW Mb .A4i4em We RNl M STATE OF CON IIECTCIIT W. 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E f .. ` nTn \ It II6Tw,Tt - mm I SR JI WE - - - To • AMERICAN MATERIALS \ ` COMPANYbLL-C ` am • // / ems' , ` \ \ �L •O M.SHELTON BOROEAUX00:= 016 In OFFKES F .- � " \ ftww ` , mrt••u �� N` ppp \ \ MIItsmr \. ' N . xw � m. N. IT e ;. • Complete• tt camPlete & Item 4 d Resldcted DeWwy b deslred. • Print your name and address on the reverse so that we cen nnurn Me card to ,�Rerohad yr.(ppp ■ A ach Mis card to the back of the mailpk C or on Me hart n apace pemft& pvvj 1. AnkJe Pddrexea to: - . bdeeayaddwa nvFs MR TONY HARRIS MpY 28 AMERICAN MATERIALS CO LLC 6131 OLEANDER DRIVE % LI WILMINGTON NC 28403 O ma,.a Mall ❑c.o.o. 4. F oe DellwePPee reel R•re. 7008 1300 0000 1122 7354 rmm swvlee mae7 Je =� � zc*a __ Lac Please print your na%e,address, and ZIP,4 lls box 0ENR-0MSION OF LAND RESOURCU LAND QUALITY SECTION - 1612 MAIN SERVICE CENTER RALEIGH NC 27699-1612 Itiltl{tnid{nh{u{t{uutf6{{nndLddldn{t{a t6t AN7A • NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverty Eaves Perdue,Governor Director and State Geologist May 18, 2009 Dee Freeman, Secretary Certified Mail Return Receipt Requested 7008 1300 0000 1 122 7354 Mr. Tony Harris American Materials Company LLC 6131 Oleander Drive Wilmington, North Carolina 28403 RE: Ivanhoe Pit No. 2 Mining Permit No. 82-19 Sampson County Cape Fear River Basin Dear Mr. Harris: We have reviewed the modification request and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: As previously requested, provide a construction detail for the gravel construction entrances. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please mote the Land Quality Section may_ request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section- Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper y� - Certified Mail Mr. Harris Page Two As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the-maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, q tq0. bj Judith A. Wehner Assistant State Mining Specialist Land Quality Section CC' Mr. Steve Cook MININ?CHECKLIST FOR KOU NG Applicant's Name: kfYY ja f h, Project Name: tAtm&,t. P'L f AppiicJPermiit,N+o,.: $Count r jeR n L Date Received: 91 a?jnq if Reviewer. UWJ s/ Rive r Basin Name: 0 New ❑Renewal ,Modification (inside permit boundaries) ❑Modification (outsidep It boundaries) ❑Transfer ❑ Release ❑Partial Release Fdditional Information 0 Fee Needed: $ ❑Fee Received: $ zg v1 Regfonel Office (2 complete copies:attach the"LQS Regional Office Mining Application Review Checklist"to one copy and attach kc&b the DWQ and DAQ "Mining Application Review Forrn"to the other copy, send both copies to the Regional Engineer) Date: Routed Reed 0 Division of Water Resources Date: Routed Reed ❑NC Wildlife Resources Commission Date: Routed Reed 0 US Fish &Wildlife 5ervice Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location mane tom: ❑Division of Parks & Recreation Date: Routed Reed 0 NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History . Date: Routed Reed (Only new applications) - . ❑Other. Date: Routed Reed "suspense Date for Comments: tr a .�no later than 25 days from receipt) AI'll 2 4 2009 C Please note the following: 1 e S� MsvK .._ .. __ -.........,...... ..........u.,,.n„„�,_x,�... ..... ...�...,.�� ,gin--• •• MININIt CHECKL15T FOR ROANG Appliearrt'sName. QvwAu kyidt , Project Name: .Un,nwhu, 9 ApplicJPermit No.:L^a-I County:��n sun Date Received: 4 as »q /� I / Reviewer. ( JUI�L, z River Basin Name: ❑New ❑Renewal ,$Modification (inside permtt oundariee) ❑MOdI{i=10m (outside pe it boundaries) OTransfer ❑ Release ❑Partial Release Additional Information OFee Needed: $ ❑Fee Received: $ N'Q.U� IILU, 1ii Regional Offlce (2 complete wpice: attach the "LOS Regional Office Mining Application Review Checklist"to one copy and attach t=h the DWQ and DAQ 'Mining Application Review Form"to the other wpy, send both copies to the Regional engineer) Date: Routed Reed ❑Division of Water Resources Date: Routed Reezi 0 NC Wildlife Resources Commission Date: Routed Redd ❑US Fish &wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and Spy location maps te_ 0 Division of Parks & Recreation Date: Routed Reed NC Geological Survey Section Date. Routed Reed (Ony new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (only new applications) ❑Other. Date•. Routed Reed "5uepense Date for Comments: s a D9 (no later than 25 days from receipt) ❑Please note the following: n J04VAoIPN i a y-r �r _ ! ompany, LLC American MaterialsC (j- P.O. Box 88 Clinton, NC 28329 Phone: (910)592.1753 Fax: (910)592-9461 : April 20, 2009 Ms. Judith Wehner North Carolina Department of Environment &Natural Resources RkC,cD Division of Land Quality 1612 Mail Service Center A 2 2 Raleigh,NC 27699-I612 2pD9 tAND QUAlITySECTIOry RE: Ivanhoe Pit No.2 Mining Permit 82-19 Sampson County Cape River Basin Dear Ms. Williams, This correspondence is in response to the letter dated March 16', 2009, in regards to the Ivanhoe Pit#2, mining permit 82-19 modification. The new modification has been sign by Tim Bizzell, President of the Company. The issue of the acreage on page 14 was a mistake and has been corrected. The address has been corrected as well If you have any questions concerning this,or any other issues concerning this site,do not hesitate to call me at 919-990-7928. 3 spec ly Submitted, Tony Harris General Manager American Materials Company LLC NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center rtaleigh , North Carolina 27699-1612 (919) 733-4574 ttevised 4/2002 NOTE: It is recommended that you contact the appropriate Regional Once (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE-APPLICATION MEETING To discuss your intentions and address any questions MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section! State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - O.S. Fish & Wildlife Service - Land Quality Section Regional Of(iee - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Air Quality - Division of Parks & Recreation - Division of Water Quality - Others as appropriate .................................... *All application review comments forwarded to Review Public Comments; Public Hearing Possible Assistant State Mining Specialist ................................... Is application complete? If"NO", Assistant State Mining It"YES", Assistant State Mining Specialist drafts a letter requesting Specialist drafts the proposed additional information from applicant permit action Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Once (ao to*) Application & proposed permit action reviewed by State Mining Specialist Is osed ap Bcation & proppermit action complete/acceptable?? If"Yes", the following permit actions are issued by the Slate Mining Specialist: Epeactition ication & proposed - Draft Permits returned to Assistant - Permit Transfers/Name Changes Specialist for revision - Bond Substitutions - Permit Releases END OF PROCESS For other permit actions, if"Yea", application & proposed permit action forwarded to and reviewed by Land Ouality Section Chief Is application & proposed permit action complete/acceptable?? If"NO", application & proposed permit If"YES", application & proposed action returned to State Mining Specialist/ permit action forwarded to and Assistant State Mining Specialist for revision reviewed by Division Director (go to It) Is application & proposed permit action completetacceptable?? If"YES", the proposed permit action is FSpeision tion & proposed permit issued by the Division Director o Section Chief/State Mining END OF PROCESS � � , � .. � 1 . 1� NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Ivanhoe Pit #2. Pemdt #82-19 County Sampson River Basin CeDe Fear Latitude (dd.mm.ss) 34.6024 Longitude(dd.mm.ss) -78.2854 2. Name of Applicant" American Materials Company. LLC 3. Permanent address for receipt of official mail"•6131 Oleander Drive, Wilmington.NC 28403 Telephone 910-799-1411 4. Mine Office Address 3596 Dr. Kerr Road, Ivanhoe,NC 28447 Telephone 910-532-6070 5. Mine Manager Jamie Golf We hereby certify that all details contained in this Permit Application are true and correct to the beat of our knowledge. a ally nderstend that any willful misrepresentation of facts will be cause for permit revocatio . ***Sign tore Date 4.20-09 Print Name Tony Harris Title General Manager • This will be the name that the mining permit will be issued to and the name that must he indicated on the reclamation bond (security) that corresponds to this site. •' The Land Quality Section must be notified of any changes in the permanent address or telephone number. Signature of company officer required. G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of 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. � � �� �. } ,i ��i• ,., .... .', i � � , APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that'new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall)acreage covered by t e existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a eining permit, indicate the mining permit number and the total (overall)acreage covered y tli�ce xisting permit: Mining Permit No.: 82-19 Total permitted acreage: 7 Does the modification involve acreage within the previously approved permitted boundary? Yes X No If yes,indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): 10 Does the modification involve acreage outside the previously approved permitted boundary? Yes No X . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 is required despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered y Ie existing permit: Mining Permit No.: Total permitted acreage: ■ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 3. Mining method: Hydraulic Dredge X Front-end Loader&Truck X Shovel&Truck X Dragline & Truck X Self-loading Scraper Other(explain) -2- I APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural ¢round level _ b. Expected average depth of mine (feet) 25 5. Has any area(s)at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? Existing permit#82-19 6. Number of years for which the pen-nit is requested (10 years maximum): 10 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) comes of all mine maps and reclamation maps,must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: Tony Harris American Materials Company LLC P.O. Box 88 Clinton,NC 28329 (910) 990-7928 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh,North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property litres of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants maybe described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map. p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway;creek,stream,river,or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the Lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch= 100 feet 500+Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- � � s • • APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/wdiment ponds, stockpiles, wastepiles, processing areathaul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 3 Wwtepiles 0 Processing AreaMaul Roads 4.5 Mine Excavation 427.7 Other NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC I�TII FORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THEFOW. THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(a). Attach additional sheets as needed. This is a request to relocate existing plant, office, and entrances location of existing mine. 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 shall be required when needed to justify the adequacy of any proposed measures. The existing mining pit currently serves as the primary.sediment and erosion control feature at this site. The mining method is by hydraulic dredge,and all stormwater and groundwater is contained within the pit and there is no discharge.The new mining area will be mined in the same method. However,there is a possibility that as mining proceeds into the northermost parts of the pit,some stormwater and groundwater will be to be pumped from the pit until the pit is developed for the hydraulic dredge. Therefore, a basin is shown on the mine plan to remove any sediment from any water that may be pumped from the mining area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No If yes, briefly describe all such processes including any chemicals to be used. The existing wash plant utilizes recycled pit water. No chemicals are used in this process. b. Will the operation involve discharging fresh or waste water from the mine or plant as a paint discharge to the waters of the State? Yes X No . yes, briefly describe the nature of the discharge and `locate all proposed discharge points (along with their method of stabilization) on your mine map(s). At this time, it is expected that there will be no discharge. However,as the mine develops in the northern portion of the pit, there is a possibility that some stormwater or groundwater will need to be discharged. A basin will be constructed for this prupose. -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s)extend below the water table? Yes X No . If yes,do you intend to dewater the excavation(s)? Yes X No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: < 12,000 _ 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 statements made,including any monitoring well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The primary mining method is hydraulic dredge. This method will not lower existing groundwater. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permits) (i.e., non-dischar&e, NPDES, Stormwater, etc.) from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. If it becomes necessary to discharge water, a General NPDES Stormwater will be obtained from the Water Quality Section, NCDENR 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X 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? Periodic spray with water as necessary. -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any miring 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). A 50 foot minimum undisturbed and unexcavated buffer will be maintained between any permit boundary and any land disturbance. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A large Carolina Bay(Dismal Bay)forms much of the western boundary of this site. It is assumed that this area is a wetland,and therefore a minimum 50 foot undisturbed and unexcavated buffer will be maintained between this area and any land disturbance. 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. A minimum 3:1 slope will be maintained on all final excavations above the water level. Any areas below water will be sloped at the angle of repose. _g_ APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. There are no wastepiles in this operations 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). Final slopes of 3:1 will be maintained above water level. d. In hardrock excavations,specify proposed beach 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. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. This is a very remote operation. A 50 foot buffer will be maintained between Dr. Kerr Rd. and any excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detatlicross-section and location of each type of barricade to be used must be indicated on the mine map(s). The remote location as well as buffers will prevent inadvertent access. -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 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 maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. This operation is in a very remote location and is not visible from any public road. A vegetative buffer will be maintained along Dr. Kerr Rd. that will screen the operation. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? 1f so, how will such effects(i.e., noise, visibility, etc.)be mitigated? NIA 11. Will explosives be used? Yes No X 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 structures)to the proposed excavation(s)on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks,solvents,or other chemical reagents be stored on-site? YesX No Ifyes, describe these materials, how they will bd!staredand method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Adequate secondary containment will prevent any release. -i0- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN I. 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. As required in current mining permit. The pit will be left as a lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? Yes X No . If yes, specify species. Bass, bluegill, catfish or as per recommendation from qualified wildlife biologist. 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. NIA -11- O � APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas,including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. There are no waste areas in this mine plan S. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. As required in current mining permit b. Will any on-site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization. b. 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 arior written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If a disposal permit Gras 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 maps)and reclamation map, along with a list of items to be disposed in said areas. Any such material will be collected and hauled off site. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-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 permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; gg N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h, Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER-ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Tyms: Seedine Dates: Seeding Rates.- AS REQUIRED IN EXISTING PERMIT MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS-TYPE (S)AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The followingg bond calcutafton worksheef is to be used to establish an appropriate bond(based upon a range of S500 to $1.000 per affected acre) (or each permitted mine site based upon the acreage approved by the Department to be aJjected Buringg the Iije ojthe mMingpermit. Please insert the approximate acreage, for each aspect ofthe mining operation that you intend to affect during the life ofthis mining germit(in addition please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided wit this application form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE' COST Tailings/Sediment Ponds: 0 Ac. X $ /Ac. _ $ Stockpiles (Plant) _3_Ac. X $ 1800 /Ac. _ $ 5400 Wastepiles: —0—Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 4.5 Ac. X $ 1800 /Ac. _ $ 8100 Mine Excavation: 427.7 Ac. X $ 500 /Ac. _ $ 228,100 Other Ac. X $ TOTAL AFFECTED AC.: 435.2 Ac. (TOTAL PERMITTED AC.: 515 Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposecUexisting excavation and/orb)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsne watercourses and wetlands. a) Internal Drainage 463.7 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ SUBTOTAL COST: $ 241,600 Inflation Factor: 0.02 X SUBTOTAL COST: $ 4832 X Permit Life (Ito 10 years): 10 INFLATION COST: $ 48320.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 276,420,00 Total Reclamation Bond Cost: $ 276.400.00 (round down to the nearest $100.00) -14- A7LA. NCDENR North Carolina Department of Environment and Natural Resources Division of land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Govemor Director and State Geologist Dee Freeman,Secretary March 16, 2009 Certified Mail Return Receipt Requested 7003 1680 0000 1479 7517 Mr. Tony Harris American Materials Company LLC 6131 Oleander Drive Wilmington, North Carolina 28403 RE: Ivanhoe Pit No. 2 Mining Permit No. 82-19 Sampson County Cape Fear River Basin Dear Mr. Harris: We have reviewed the modification request and additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. The address on page 1 of the application is not correct. Please correctly complete a new page 1 and return it to this office. 2. Page 2 of the application states your company wishes to renew and modify 257 acres. The permit cannot be renewed as it was renewed last year, making the expiration date June 3, 2018. A renewal application cannot be submitted until June 3, 2016. In addition, as previously stated in the last letter, you currently have 515 acres permitted with 435.2 acres allowed to be affected. Please properly complete a new page 2 and return it to this office. 3. Page 14 of the application still is not correct. 3 + 4.5 + 456.2 does not equal 435.2. Provide The last modification that was approved had 427.7 acres for mine excavation, 3 acres for plant/stockpi[e and 4.5 acres for haul roads, totaling 435.2 acres. According to you, this modification is based on 10 acres. Please clarify your acreage and .categories. Correctly complete the enclosed page 5. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr, Harris Page Two 4. Provide a construction detail for the gravel construction entrance. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 56.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, Ju ith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Pages 1, 2 and 5 cc: Mr. Steve Cook ' American Materials- Ivanhoe 42 Pit Subject: American Materials- Ivanhoe #2 Pit From: Jodi Pace <Jodi.Pace@ncrnail.net> Date: Mon, 16 Mar 2009 13:29:10 -0400 To: Judy Wehner 41udy.Wehner@ncmai1.net> Judy They need a construction entrance and detail, and maintenance requirements for the construction entrance. Jodi Jodi Pace, EI Assistant Regional Engineer Land Quality, FRO Department of Environment and Natural Resources (910) 433-3300 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. I of 1 3/16/2009 2:19 PM MINING pCHECKLIST FOR ROUTING Applicant's Name. t LL Project Name: "hot "d PVf ApplicJPermit Noz4d Count5r LrQs R-) Date Received: a Reviewer 1 + River basin Name. --�unJ r ❑ New :'Renewal p A4odification (inside permit boundaries) ❑Modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Release Additional Information ❑Fee Needed; $ ❑Fee Received: $ . 'on nacka�ae tom: CiJ,41 fled,11 f Regional Office (2 complete copies; attach the'LOS Regional Office Mining Apoication Review Chmklist'to one copy and attach bQZh the DWQ and DAQ 'Mining Application Review Form"to the other copy, send both oo 'as to the Reglonal Engineer) Date: Routed 191 Reed 0 Division of Water Resources Date; Routed Redd ❑NC Wildlife Resources Commission Date; Routed Reed ❑L15 Fish &Wildlife Service Date; Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 5 pages of the anplica icin and an II�aps to 0 Division of Parks & Recreation Date; Routed Reed 0 NC Geological Survey Section Date- Routed Reed (only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date. Routed Reed (only new applicators) ❑Other. Date: Routed Reed "`Suspense Date for Comments: 3 Iu (no later than 25 days from receipt) 0 Please note the following: American 9Waterials Company, LLC P.O. Box 88 Clinton, NC 28329 Phone: (910)592-1753 Fax: (910)592-9461 A February 16, 2009 Mr. Floyd Williams North Carolina Department of Environment & Natural Resources Division of Land Quality 1612 Mail Service Center Raleigh, NC 27699-1612 RE: Ivanhoe Pit No.2 Mining Permit 82-19 Sampson County Cape River Basin Den Mr. Williams This correspondence is in response to the letter dated February 2, 2009, in regards to the Ivanhoe Pit N2, mining permit 82-19 modification. The new modification has been sign by Tim Biz ell, President of the Company. The'issue of the acreage on page 14 was a mistake and has been corrected. I have also attached'a detail plan that was submitted and approved by NCDOT for the entrances for the new plant site. If you have any questions concerning this, or any other issues concerning this site, do not hesitate to call me at 919-990-7928. pact Submitted, Ton arris General Manager American Materials Company LLC RECEIVED ase i a asog LAND QUALITY SECTION NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Ivanhoe Pit #2, Permit #82;19 _ _ County Sampson River Basin Cape Fear -Latitude (dd.mm.ss) 34.6024 Longitude(dd.mm.ss) -78,2854 2. Name of Applicant* American Materials Company, LLC 3. Permanent address for receipt of official mail**_ _ _ PO Box 88, Clinton, NC 28329 Telephone 910-990-7928 4. Mine Office Address_ 3596 Dr. Kerr Road, Ivanhoe, NC 28447 Telephone 910-532-6070 5. Mine Manager Jamie Golf We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation: ***Si tore Date ' Print Name Title., Otlo—x— * 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 Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S.74-51 provides that the Department shall 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. U tl RECEIVED FE® 18 2AB8 _._ Aaunurrsecnory APPLICATION FOR A MINING PERMIT w NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit(this is the acreage that tM a "new permit" fee will be based upon): Of this acreage,how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage covered y the existing permit: Mining Permit No.: 82-19 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 257 c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall)acreage covered y the existing permit: Mining Permit No.: 82-19 Total permitted acreage: 257 Does the modification involve acreage within the previously approved permitted boundary? Yes X No_. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): 10 Does the modification involve acreage outside the previously approved permitted boundary? Yes No X . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage coverea by t e existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 3. Mining method: Hydraulic Dredge X Front-end Loader& Truck X Shovel&Truck X Dragline& Truck X Self-loading Scraper Other(explain) -2- =�i�O A A APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark?(e.g., natural ground level, mean sea ievei, road elevation, etc.) natural ground level b. Expected average depth of mine(feet) 25 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? Existing,permit#82-19 6. Number of years for which the permit is requested (10 years maximum): 10 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 (61 copies of all mine maps and reclamation maps, must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: Tony Harris American Materials Company LLC P.Q. Box 88 Clinton,NC 28329 (910) 990-7928 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh,North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage. As a reminder,mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones(both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all Manned 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 pen-nit 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: I. Name of applicant 2. Name of rrune 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch= 50 feet 100-499 Acres 1 inch= 100 feet 500+ Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- 1, 1� • APPLICATION FOR A MINING PERMIT A table/chart most be provided on the mine ma that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads,mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other N TE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFICNATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED UESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE ONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- 0 0 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. This is a request to relocate existing plant, office, and entrances location of existing mine. 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 shall be required when needed to justify the adequacy of any proposed measures. The existing mining pit currently serves as the primary sediment and erosion control feature at this site. The mining method is by hydraulic dredge,and all stormwater and groundwater is contained within the pit and there is no discharge.The new mining area will be mined in the same method. However,there is a possibility that as mining proceeds into the northermost parts of the pit,some stormwater and groundwater will be to be pumped from the pit until the pit is developed for the hydraulic dredge. Therefore, a basin is shown on the mine plan to remove any sediment from any water that may be pumped from the mining area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No If yes, briefly describe all such processes including any chemicals to be used. The existing wash plant utilizes recycled pit water. No chemicals are used in this process. b. Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? Yes X No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). At this time, it is expected that there will be no discharge. However, as the mine develops in the northern portion of the pit, there is a possibility that some stormwater or groundwater will need to be discharged. A basin will be constructed for this prupose. -6- -� , , // 11 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . If yes,do you intend to dewater the excavation(s)? Yes X No if yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: < 12,000 _ . Locate all existing wells on the mine maps) that lie within 500feet of the proposed excavation area. Provide data to support any conclusions or statements made,including any monitoring well data,well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The primary mining method is hydraulic dredge. This method will not lower existing groundwater. d. if you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water duality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.) from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. If it becomes necessary to discharge water, a General NPDES Stormwater will be obtained from the Water Quality Section,NCDENR 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X 1f 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? Periodic spray with water as necessary. -7- I APPLICATION FOR A MINING PERMIT 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 »rule map(s). A 50 foot minimum undisturbed and unexcavated buffer will be maintained between any permit boundary and any land disturbance. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A large Carolina Bay(Dismal Bay)forms much of the western boundary of this site. It is assumed that this area is a wetland,and therefore a minimum 50 foot undisturbed and unexcavated buffer will be maintained between this area and any land disturbance. 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. A minimum 3:1 slope will be maintained on all final excavations above the water level. Any areas below water will be sloped at the angle of repose. • • APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s) for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. There are no wastepiles in this operations c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections all cut slopes must be provided on the mine map(s). Final slopes of 3:1 will be maintained above water level. 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. NIA 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. This is a very remote operation. A 50 foot buffer will be maintained between Dr. Kerr Rd. and any excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be accepptable high wall barricades. A construction detail/cross-section and location of each type of barricade to he used must be indicated on the mine map(s). The remote location as well as buffers will prevent inadvertent access. -9- 0 0 APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans(including a schedule of implementation) for screenin*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 maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. This operation is in a very remote location and is not visible from any public road. A vegetative buffer will be maintained along Dr. Kerr Rd. that will screen the operation. 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? NIA i t. Will explosives be used? Yes No X 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. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X No Ifyes, describe these materials, how they will be stored and method of containment in case ofspill. Indicate the location(s) of all storage facilities on the mine map(s). Adequate secondary containment will prevent any release. -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN l. 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. As required in current mining permit. The pit will be left as a lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the bo (s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? Yes X No . If yes, specify species. Bass,bluegill,catfish or as per recommendation from qualified wildlife biologist. 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. N/A -11- APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas,including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. There are no waste areas in this mine plan 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. As required in current mining permit b. Will any on-site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 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 Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map, along with a list of items to be disposed in said areas. Any such material will be collected and hauled off site. -12- • • APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-roundseeding,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 permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; gg N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER- ANALYSIS AND RATE OF APPLICATION(pounds/acre)- SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE(pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: AS REQUIRED IN EXISTING PERMIT MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS-TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE(pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT 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 ofthe mining permit. Please insert the approximate acreage for each aspect ofthe mining operation. that you intend to a(Lct during the life ofthis mining nermit tin addition please insert the appropriate reclamation cost/acre for each caterory from the Schedule of Reclamation Costs provided wiThis application form) OR you can defer to the Department to calculate vour bond for you based upon your maps a 7dslandard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE" COST Tailings/Sediment Ponds: 0 Ac. X $ /Ac. _ $ _ Stockpiles (Plant) _3_ Ac. X $ 1800 /Ac. _ $ 5400 Wastepiles: —0—Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 4.5 Ac. X $ 1800 /Ac. _ $ 8100 Mine Excavation: 456.2 Ac. X $ 500 /Ac. _ $ 228,100 Other Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 435.2 Ac. (TOTAL PERMITTED AC.: 515 Ac.) Temoorary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into pmposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures wit] be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 463.7 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ SUBTOTAL COST: $ 241,600 Inflation Factor: 0.02 X SUBTOTAL COST: $ 4832 X Permit Life (1 to 10 years): 10 INFLATION COST: $ 48320.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 276.420.00 Total Reclamation Bond Cost: $ 2764400.00 (round down to the nearest$100.00) -14- \ ♦ N / SR NO. 1162 \ \ ,TRESTLE ROAD SUE 9x.. AMERICAN MATERIALS ��Q M. 9NELTONB ♦ �s a SNRVEI1NG OFFkE 5N2 f \ \ i ems. �\ `1 \ ` ♦ � 1 ` ♦ xw ♦ ` ` � m ' </ / < vein ` \ ♦ / , ar xK / 4 �eie8ii�ppypppp88pyygglgailn 1qt! Q e c a �' {r ABl9ie961Ar1���99 y � a g R s tail i€Bia¢i•9aai pqQ >�, ? ysi �j MIA �P. $R W Wy35 g�'4 C! / / Ids ♦ ♦� ♦ ♦ 0Q ' .gym, 1 �a / // / co C�i Ix I OJ ' / , r / /adl W / / /I / y / / / / is R xa NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geofogist Dee Freeman,Secretary February 2, 2009 . Certified Mail Return Receipt Requested 7006 2150 0005 7360 5108 Mr. Tony Harris American Materials Company LLC PO Box 88 Clinton, North Carolina 28329 RE: Ivanhoe Pit No. 2 Mining Permit No. 82-19 Sampson County Cape Fear River Basin Dear Mr. Harris: - - e aVia reviewad-the modificatidn request-you/your company subrriitt6d for- the referenced mine site. However, the following information is needed to continue processing your application: _—__-- 1. Page 'I of the application has not been signed. Please properly sign the enclosed page 1. Please note that a company officer must sign it. Return the original to this office. 2. Page 14 of the application has an affected acreage total of 463.7 acres. Currently your company is allowed to affect 435.2 acres. Please explain the discrepancy of 28.5 acres. An additional fee of $250.00 must be submitted if an additional 28.5 acres is proposed to be affected. Please clarify the affected acreage and complete a new page 5 of the application. 3. Provide construction entrances for the new access road. Include a construction detail of the entrances. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh,North Carolina 27699-1612 - Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604-Internet:httpWwww.dIr.enr.state.nc.uslpagesllandqualitysection.html An Equal Opportunity/Affirmative Action Employer—50%Recycled!10%Post Consumer Paper l Certified Mail Mr, Harris Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department.ofEnvironment and Natural Resources 1612Wail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of-the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible.- Your prompt response'will-help'us-to-complefe processing your application sooner. Please contact me at.(919) 733-4574 if you have any_questiops. Sincerely, pl�v . Ju ith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Pages 1 and 5 cc: Mr. Steve Cook NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Ivanhoe Pit #2,Permit #82-19 County Sampson River Basin Cape Fear Latitude (dd.mm.ss) 34.6024 Longitude (dd.mm.ss) -78.2854 2. Name of Applicant* American Materials Conigmy, LLC 3. Permanent address for receipt of official mail** PO Box 88 Clinton NC 28329 Telephone 910-990-7928 4. Mine Office Address_ 3596 Dr. Kerr Road,Ivanhoe,NC 28447 -_ Telephone 910-532-6070 5. Mine Manager Jamie Golf We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit. revocation-.-_ - - --- - .. -- — - - - - -- - -- _- - -- . ***Signature Date 12-9-2008 Print Name Tony Harris _ Title General Manager _ * 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 Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall 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. r 1_ MINING CHECKLIST FOR ROUTING ApplicarV5 Name 1/d l: _ f V iPAe.xw && Project Name: � 04� �Ah n1f 1�1 ApplicJPermitNo.: Ed�19 County: ntas v Date Received: 1 JLleq � Reviewer. �1k, L River Basin Name: _T JL4A ❑ New ❑Renewal ® /Modification (inside permit boundaries) ❑Modification (eut5ide permit boundaries) ❑Transfer ❑ Release ❑Partial Release LEAddttional Information formaon ❑ Fee Needed: / $ Fee Re ceNed: $ 75u u u oplir .ion package to- t -in�T7fUli/11- Regional Office (2 complete topics; attach the `LQS Regional Office Mining Application Renew Checklist`to one copy and attach h=the 1?WQ and PAO 'Mining Application Review Form" to the other copy, send both coppies to t e_ gional Engineer) - Date: Routed (I� l I r V 'd ❑Division of Water Resources Date: Routed i Reed C NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish &Wildlife 5ervice Date: Routed Reed (OnFy new applications and modification requests that add land to the permit) Please route first 5 pager of the application and any location maps to ❑Division of Parks & Recreation Date: Routed Reed :INC Geological 5urvey Section Date: Routed Reed (Onky new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Reed "5u5pen5e Date for Comments: n (no later than 25 days from receipt) ❑Plea5e note the following: 1 LY NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F.Easley, Governor Director and State Geologist December 31, 2008 William G.Ross Jr., Secretary MEMORANDUM p/ RE: Mining Permit Modification forAmerican Minerals Ivanhoe Pit 92 Sampson County /// ul•- / p- Dear Mr. Tony Harris: We are in receipt of your mining permit modification for Ivanhoe Pit#2 in Sampson County. We regret that we cannot complete processing the above materials until we have - --' received the necessary fee as set forth in the fee schedule adopted by the 2007 General . Assembly in G.S. 74-54.1.(a). We will continue processing the paperwork but cannot complete the application process until this office has received the appropriate fee. Please remit by check or money order $750.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: i Attention: Ms. Judy Wenner Assistant Mining Specialist Land Quality Section NC Department of Environment & Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at(919) 733-4574. Thank you for your cooperation. incerely, F: `.cND Brenda M. Harris BAN j LL�� Land Quality Section /bmh 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 /FAX: 919-733-2876 512 North Salisbury Si Raleigh,North Carolina,27604 American Materials Company,LLC VENDOR: NCDENR CHECK. 00000� DA11 1/1M009 REMITTO: NCDcpa=mtofEnvimand Netuml Res COMMENT: IVANHOE PIT 12/31/2008. 0000023883 75000 0.001 750.00750 an I W B I i I Ivanhoe #2 Mine Subject: Ivanhoe#2 Mine From: Sally McKinney<Sally.McKinney@ncmai1.net> Date: Fri, 23 Jan 2009 14:01:11 -0500 To: Judy Wehner<Judy.Wehner@ncmail.net> CC: Eric Matuszewski <Eric.Maluszewski a ncmai1,net>, Steve Cook <Steve.Cook@ncmail.net> Judy, These are the comments regarding the modification of American Materials Ivanhoe#2 Mine in Sampson County (82-19) . *Air Quality - Robert Kennedy* No crusher, no water truck. No Air Permit is required. *Water Quality - Michael Lawyer* The facility is proposing mine dewatering, which is considered by DWQ as process wastewater. Location is witin an ORW Special Mgmt Strategy watershed, which does not allow new discharges of wastewater. Facility still needs to obtain coverage under the NCGO20000 general stormwater permit for anticipated or potential stormwater discharges. Watershed/Stream Name & Classification: Black River (18-68) - C; Sw, ORW:t South River (18-68-12-(8.5) ) - C; Sw, ORW:t Wetlands disturbance and 401 certification requirements are to be determined by the COE. *Land Quality - Eric Matuszewski* The site is not currently under an NOV or under CAMA jurisdiction. There appear to be no field issues at this time. There are no reclamation activities occuring on site. *Land Quality -- Sally McKinney *I would recommend that construction entrances be maintained on the entrances/exits that will be used to haul mining materials. Thanks, Sally McKinney 1 of 1 1/23/2009 3:51 I'M k NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue,Governor Dee Freeman, Secretary January 13 2009 Thomas A. Reeder, Director MEMORANDUM TO: Ms. Judy Wehner Land Quality Section FROM: John Barr /KGround Water Management SectionIZEI Division of Water Resources SUBJECT: Comments on the Mining Permit Renewal Request for: American Materials Co. LLC Ivanhoe Pit M2 Sampson County Please find attached a copy of the mining permit renewal request for the above referenced project. The Ivanhoe Pit 42 located in Sampson County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 grid. However, if the mine starts to withdraw 100,000 gpd of water, they will need to register their water withdrawals. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699.1611 One Phone: 919-733-40641FAX: 919-733-35581Internet: www.ncwater.org N hCarolina M Equal opponunny I Anmative M nEmployer-50Is Recyded k 10%Pea Consumer Paper ;aturally NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land quality Section James D. Simons,P.G., P.E. Michael F. Easley,Governor Director and State Geologist December 31, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. HarrisRe Mining Program Secrelar�' Land Quality Section SUBJECT: Mining Permit Modification for American Materials Ivanhoe PR #2 Sampson County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on January 16, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Steve Cook DEC 31 200a DMSION OF WATER RESWIRCES 1612 Mall Service Center, Raleigh, North Carolina 27699.1612 1 919-733-4574 1 FAX: 919-733.2876 512 North Salisbury Street,Raleigh, North Carolina,27604 MINING CHECKLIST FOR ROUTING Applicant's Name.�IYIYncc� IIIo�U��n_ Project Name-. sLaVO4 Era AppllrJPertnit No.: � oum;) t M S(n.i Date Received: __ll__ �J �i v� Reviewer. � ) River Basin Name: � 420 yea. ❑ New ❑Renewal �R4odification (inside permit boundaries) ❑Modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Release ❑Additional Information Mfee Needed: $ JLQ0 ' ❑Fee Received: $ �'�P R�ae�. 4� .� u1 P,u� Regional Office (2 complete copies; attach the `L i naI Office Mining Application R&Avw ChecidleV to one copy and at DAQ 'Mining Application Review Fore"to the other copy, send both copies to the &edional Eno mr) � P Date: Routed �9Rec'd <1 OIMsion of Water Resources Date: Routed Reedl YNC Wildlife Resources Commission Data: Routed Reed 0 U5 Fish &Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please pAges of the apdication and any lo^at'=on mans to: ❑Division of Parks & Recreation Date: Routed Reed ❑NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date. Routed Reed (Only new applications) ❑Other. Date. Routed Reed "5uspense Date for Comments: a o (no later than 25 days from receipt) P I MAVPr w 0 Please note the following: °/AIhLNA 1 6XIO.,no 1 /)7tn Y/0 ir1. !'�.-✓F,.Pe.� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 31, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secre ary Land Quatity Section -- SUBJECT: Mining Permit Modification.for American Materials Ivanhoe Pit #2 Sampson County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on January 16, 2009 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable --- - groundwater supplies and groundwater quality will-'be appreciated. We-would'iike to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574! FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 • AT�LA i NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 31, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Vann Stancil Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining permit renewal request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 26, 2009 so that we may complete our review of this request within our statutory time limits. --As-is-the case in-our review of all mining-permit applications-renewals-and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 AGZA� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist December 31, 2008 William G. Ross Jr., Secretary MEMORANDUM RE: Mining Permit Modification for American Minerals Ivanhoe Pit#2 Sampson County Dear Mr. Tony Harris: We are in receipt of your mining permit modification for Ivanhoe Pit#2 in Sampson County. We regret that we cannot complete processing the above materials until we have received the necessary fee as set forth in the fee schedule adopted by the 2007 General Assembly in G.S. 74-54.1.(a). We will continue processing the paperwork but cannot complete the application process until this office has received the appropriate fee. Please remit by check or money order $750.00 payable to the North Carolina Department of Environment and Natural Resources. DO NOT SEND CASH. Payments should be mailed to: Attention: Ms. Judy Wehner Assistant Mining Specialist — — ----- -- ----- — Land-Quality-Section -- NC Department of Environment & Natural Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Full payment must be received by this office within 30 days or your materials will be returned unprocessed. If you have any additional questions, please contact our office at (919) 733-4574. Thank you for your cooperation. incerely, Brenda M. Harris Land Quality Section /bmh 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919.733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 _ American Mterials Company, LLC - P.O. Box 88 , Clinton, NC 28329 Phone: (910)592-1753 Fax: (910)592-9461 Tony Hams P.O. Box 88 Clinton,NC 28329 December 9, 2008 Mr. Floyd Williams State Mining Specialist North Carolina Department of Environment and Natural Resources, land Quality Section 1612 Mail Service Center Raleigh,NC 27699-1612 Dear Mr. Williams: This is a correspondence is to make DENR aware of the new entrance, physical address, and plant location at the American Materials' Company Ivanhoe Mine; permit# 82-19. 1 have attached a copy of the permit modification. If you have any questions concerning this or any other issues, do not hesitate to call. spectiveI ubmitted, Roam A 351)0MI7 900? 1 E 030 Tony Hams General Manager American Materials Company s �_. � ,,. �s � � v NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Ivanhoe Pit #2 Permit#82-19 County Sampson River Basin Cape Fear Latitude (dd.mm.ss) 34.6024 Longitude(dd.mm.ss) -78.2854 2. Name of Applicant* American Materials Company,CompNy, LLC 3. Permanent address for receipt of official mail**__ PO Box 88, Clinton,NC 28329 Telephone 910-990-7928 4. Mine Office Address 3596 Dr. Kerr Road, Ivanhoe,NC 28447 Telephone 910-532-6070 5. Mine Manager Jamie Golf We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signature Date 12-9-2008 Print Name„ Tony Harris Title General Manager * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(securiW that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** 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. APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation�or the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A, GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NE W permit, indicate the total acreage at the site to be covered by the permit(this is the acreage thatatT'new permit" fee will he based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining p nit umber and the total (overall) acreage covere y t c existing permiC Mining Permit No.: 1 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ? c. If this is an application for a MODIFICATION a ming permit, indicate the mim g permit number and the total (overall)acreage cove y fisting permit: Mining Permit No.: 82-19 Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes X No . Ifyes,indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): 10 Does the modification involve acreage outside the previously approved permitted boundary? Yes No X If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete Cll of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the ming o emtion? Yes No (if no,a"minor modification" fee of$50.00 is required,despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon):_ it. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage coverre yTi Te existing permit: Mining Permit No.: Total permitted acreage: ■ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 3. Mining method: Hydraulic Dredge X Front-end Loader& Truck X Shovel&Truck X Dragline & Truck X—loading Scraper Other (explam) -2- �! O APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark?(e.g., natural ground level, mean sea level, road elevation,etc_) natural ground level _ b. Expected average depth of mine (feet) 25 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? Existing permit_#_82-19 6. Number of years for which the permit is requested (10 years maximum):_10 B. MAPS 1. Clearly mark and label the location of your mining operation on six-01 copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (51 com—ies—of alUmine maps and reclamation maps, must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: Tony Harris American Materials Company LLC P.O. Box 88 Clinton,NC 28329 (910) 990-7928 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh,North Carolina 27602 (919) 733-7600 -3- 0 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. This is a request to relocate existing plant, office, and entrances location of existing mine. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offshe sedimentation (include specific plans for sediment and erosion control far 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 shall be required when needed to justify the adequacy of any proposed measures. The existing mining pit currently serves as the primary sediment and erosion control feature at this site. The mining method is by hydraulic dredge,and all stormwater and groundwater is contained within the pit and there is no discharge.The new muting area will be mined in the same method. However,there is a possibility that as mining proceeds into the northermost parts of the pit,some stormwater and groundwater will be to be pumped from the pit until the pit is developed for the hydraulic dredge. Therefore, a basin is shown on the aline plan to remove any sediment from any water that may be pumped from the mining area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No if yes, briefly describe all such processes including any chemicals to be used. The existing wash plant utilizes recycled pit water. No chemicals are used in this process. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X No yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). At this time, it is expected that there will be no discharge. However, as the mine develops in the northern portion of the pit, there is a possibility that some stormwater or groundwater will need to be discharged. A basin will be constructed for this prupose. -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s)extend below the water table? Yes X No . If yes,do you intend to dewater the excavation(s)? Yes X No . if yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: < 12,000 _ . 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 statements made,including any monitoring well data,well constriction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The primary mining method is hydraulic dredge. This method will not lower existing groundwater. d. if you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.) from the Division of Water Quality,Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. If it becomes necessary to discharge water,a General NPDES Stormwater will be obtained from the Water Quality Section,NCDENR 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X 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? Periodic spray with water as necessary. -7- • i APPLICATION FOR A MINING PERMIT 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). A 50 foot minimum undisturbed and unexcavated buffer will be maintained between any permit boundary and any land disturbance. 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 butler will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A large Carolina Bay(Dismal Bay)forms much of the western boundary of this site. It is assumed that this area is a wetland,and therefore a minimum 50 foot undisturbed and unexcavated buffer will be maintained between this area and any land disturbance. b. 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. A minimum 3:1 slope will be maintained on all final excavations above the water level. Any areas below water will be sloped at the angle of repose. i . � i i 1 • APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps)for all fill slopes (berms, wastepiles, 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. There are no wastepiles in this operations 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). Final slopes of 3:1 will be maintained above water level. 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, 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. This is a very remote operation. A 50 foot buffer will be maintained between Dr. Kerr Rd. and any excavation. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be acceptable high wall barricades. A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). The remote location as well as buffers will prevent inadvertent access. -9- APPLICATION FOR A MINING PERNUT 9. Are acid producing minerals or soils present? Yes No X How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 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,bwlding berms or other measures. Show the location of all visual screening on the mine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. This operation is in a very remote location and is not visible from any public road. A vegetative buffer will be maintained along Dr. Kerr lid. that will screen the operation. 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? NIA 11. Will explosives be used? Yes No X 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 urine's location to nearbyy structures,more detailed technical information may be required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structures)to the proposed excavations)on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks,solvents,or other chemical reagents be stored on-site? Yes X No Ifyes, 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). Adequate secondary containment will prevent any release. -10- i �� • APPLICATION FOR A MINING PERMIT 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. As required in current mining permit. The pit will be left as a lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? Yes X No . If yes, specify species. Bass, bluegill, catfish or as per recommendation from qualified wildlife biologist. 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. N/A APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas,including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. There are no waste areas in this mine plan 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. As required in current mining permit b. Will any on-site roadways be left as part of the reclamation? Yes X No . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. 6. Describe the method of control of contami nants and disposal of scrap metal,j unk 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 p3jor written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governinttag body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be ached to this application. All temporary andpermanent refuse disposal areas must be clearly delineated on the mine maps)and reclamation map, along with a list of items to be disposed in said areas. Any such material will be collected and hauled off site. -12- 0 APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for Year-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 permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; gg N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER- ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: AS REQUIRED IN EXISTING PERMIT MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS-TYPE (S)AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE(pounds/acre, trees/acre, spacing of trees/shrubs,etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT 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 0 500 to S5,000 per affected acre)/jar each permitted mine site based upon the acreage approved by the partment to be affected during the rfe ofthe miningpermit. Please insert the anproximate acreage. for each aspect ofthe mining operation. that you intend to affect during the It at is mininenermif(in addition.please insert the appropriate reclamation cosUacre for each category from the Schedule o R clamadpn Costs providedwitaanlicatian form)VA wit can defer to the Department to calculate your bondLor you based upon vou�standar reclamation casts: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE+ COST Tailings/Sediment Ponds: 0 Ac. X $ /Ac. _ $ Stockpiles(Plant) _3_Ac. X $ 1800 /Ac. _ $ 5400 Wastepiles: —0.Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 4.5 Ac. X $ 1800 /Ac. _ $ 8100 Mine Excavation: 456.2 Ac. X S 500 /Ac. _ $ 228,100 Other Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 463.7 Ac. (TOTAL PERMITTED AC.: 515 Ac.) TeMMM&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 onsue watercourses and wetlands. a) Internal Drainage 463.7 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ SUBTOTAL COST: S 241,600 Inflation Factor: 0.02 X SUBTOTAL COST: $ 4832 X Permit Life(1 to 10 years): 10 INFLATION COST: $ 48320.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 276,420.00 Total Rechmafioa Boud Cost: S 276,400,00 (round down to the unrest 5100.00) n -14- N `t APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form,or a facsimile thereof,attached to this application must be sent certified or registered mail 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 drat 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 is contiguous to any highway;creek,stream,river, or other watercourse; railroad track; or utility or other public right-of-way;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s). "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map(or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the Department, with the remainder of the completed application form, before the application will be considered complete. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -15- i i J i � . � r•. �' �. ..� .� 1 4 �� �j � 1 is • � 1 NOTICE Pursuant to provisions G.S. 74-50(bl) of The Mining Act of 1971,Notice is hereby given that American Materials Comnanv. LLC has applied on Jan 4. 2008 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for(check one): (a) a new surface mining permit❑ (b) a modification of an existing surface mining permit to add land to the permitted area X The applicant proposes to mine sand on 515 acres located 2 (Mineral, Ore) (Number) (Miles) west of Ivanlroa NC off/near road SR 1105 (Direction) (Nearest Town) (NumberMame) in Sampson 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 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 owtted or leased by the applicant or is owned byy the lessor of the mine tract,all owners of retard of tracts adlorningthese tracts must be notified(that are within 1,000 feet ofthe mining pennit boundary). N addition, the mine opemmr must also notify[he chief administative officer ofthe county ormumctpality in wbrch any part of the permitted area is located. Any person may file written comments) to the De ant at the above address within thirty(30)days of the Is of this Notice or the filing of the application of r e permit,whichever is later. Should the Department detem me that a sii�rrrrfican[public interest exists relative to G.S.74-S1,apublic hearing will be held within 60 days of the end of the 30-dey comment period specified above. A copy of the permit application materials are 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 r erdin the s ecitica of the ro osed minim activity, lease contact the a licnnt at tFe to o�� tee hone number: 10-990-7928 or information on the mwng permit application review process, please contact the Mining Program s at 733-4574. Please note that the Department will consider an relevant written comments/docunrentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. American Materials Company, LLC Anthony IC Harris, General Manager (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) 12-9-2008 PO Box 88. Clinton.NC 28329 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -i6- ,- , t �,. :; .h . ..., .- •�.^, ..�.. .. �, _a:* ", • � �• �+ i APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, James Izzell, Jr. _ , an applicant, or an agent, or employee of an applicant, for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail,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) Adjoining nraperty owner list attached (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, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] Scott_Sauer, Sampson County Manager PO Box 257, Clinton,NC 28329 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S.74-50(bl)and 15A NCAC 5B.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) (title of person executing Affidavit) 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: -17- i I I I . .. .-�. . . �. � ', � s APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. 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: APPLIC Signature: Signal '• Print Name: Print Name: l/)NURK,A Address: Title: Ofnee2K ty6na�K. Company: Awovand MdwaO> Co LLC Telephone: Mine Name: — 7t&Aoe •Signature must be the same as the individual who signed Page I of this application. Six (b) conies pf the completed application, sia (61 copies of all location mans. mine mans and reclamation ma s�ao thea ro riate processingle (see pea pagefor feeschedu e)inthe form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (979)733-4574. -18- NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment And Natural Resources Division of Land Resources � Land Quality Section � 1612 Mail Service Center Raleigh , North Carolina 27699-1612 (919) 733-4574 kevised 4/2002 NOTE: It is recommended that you contact the appropriate Regional Office (see Regional Office listing in the back of this booklet) or the Raleigh Central Office for a PRE•APPLICATION MEETING To discuss your intentions and address any questions • • MINING PERMIT APPLICATION REVIEW PROCESS FLOWCHART BEGINNING OF PROCESS Application received by Land Quality Section/ State Mining Specialist Applicant issues Public Notice Application assigned to Assistant State Mining Specialist Assistant State Mining Specialist/Program Secretary routes application for review and comment - U.S. Fish & Wildlife Service - Land Quality Section Regional Office - N. C. Geological Survey - Wildlife Resources Commission - Division of Water Resources - Division of Archives & History - Division of Air Quality - Division of Water Quality - Division of Parks & Recreation - Others as appropriate ...................................� Review Public Comments; All application review comments forwarded to Public Hearing Possible Assistant State Mining Specialist ...............................•••• Is application complete? If"NO", Assistant State Mining If "YES", Assistant State Mining Specialist drafts a letter requesting Specialist drafts the proposed additional information from applicant permit action Additional information from applicant received and routed to/reviewed by Assistant State Mining Specialist and Land Quality Section Regional Office (eo to*1 Application & proposed permit action reviewed by State Mining Specialist Is application & proposed permit action complete/acceptable?? If"Yes", the following permit actions are issued by the State Mining Specialist: If"No", application & proposed - Draft Permits permit action returned to Assistant - Permit Transfers/Name Changes State Mining Specialist for revision - Bond Substitutions , - Permit Releases (go to ) ND OF PROCESS 7 For other permit actions, if"Yes", application & proposed permit action forwarded to and reviewed by Land Quality Section Chief Is application & proposed permit action complete/acceptable?? If"NO", application & proposed permit If"YES", application & proposed action returned to State Mining Specialistl permit action forwarded to and Assistant State Mining Specialist for revision reviewed by Division Director (go to *) Is application & proposed permit action complete/acceptable?? If"YES", the proposed permit action is If"NO", application & proposed permit issued by the Division Director action returned to Section Chief/State Mining Specialist for revision (go to *) END OF PROCESS 1 APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage. As a reminder,mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mitring permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated), e. Outline and acreage of all pits/excavations. £ Outline and acreage of all stockpile areas. gg Outline and acreage of ail temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants maybe described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all Manned 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: l. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale b. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch= 50 feet 100-499 Acres 1 inch= 100 feet 500+Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- i � �� �_ • MINING A nonrefundable permit application processing fee when filing for a new mining permit,a major permit modification ora renewal permit is required as follows: TYPE ACRES NEW MAJOR PERMIT MODIFICATION RENEWAL Clay I but less than 25 $500 $250 $250 25 but less than 50 1000 500 500 50 or more 1500 500 500 Sand&Gravel, I but less than 5 150 100 100 Gemstone,and Borrow Pits 5 but less than 25 250 100 100 25 but less than 50 500 250 500 50 or more 1000 500 500 Quarry, Industrial Minerals, I but less than 10 250 100 100 Dimension Stone 10 but less than 25 1000 250 500 25 but less than 50 1500 500 500 50 or more 2500 500 500 Peat&Phosphate I or more 2500 500 500 Gold(Heap Leach),Titanium &Others 1 or more 2500 500 500 A nonrefundable 550.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area,outside of the minimum permit buffer zone requirements,where no plans for mining related disturbance ofthe added lands have been approved All other changes are considered major modifications. Acres for new permits and renewal permits means the total acreage at the site. Acres for major modification of permits means that area of land affected by the modification within the permitted mine area,or any additional tend that is to be disturbed and added to an existing permitted area,or both. 10/2000 -19- LAND QUALITY SECTION HEADQUARTERS Francis M.No ils,Jr.,P.E. Jam"D.Simans,P.G.,P.E.-Chief Engineer Caroline Medlin,E.1.Sediment Education Comb Section Chief Davw It.Ward-Sediment Specialist Specialht Land Quality Settled T.A"huM Sediment Specialist Tclepl 1612 Mall Service Center Tracy E. Unis,P.E.-Mining Specialist TaMlka Retain-Sediment Education FAX Raleigh,NC 27699-1612 Judy Webaer-Activists Mining Sp"Iallat lofted y -Actbunt Miolog Sp"legsl Greg' Stdnoing Addr"s:Land Quality S"Bon -Dann Safety Engineer S"reurles 512 North Salisbury Street Tend Dodd,Lt.-Asel Dam Safety Engia"r Wendy Spesto-Lend Secretary Raleigh,NC 27604 Jam"CakiwelLil.-Asslsuol Dam Safety Englt"r Stephouie lane-Scdimeot dr Items Susan Edwards-Mining LAND QUALITY SECTION REGIONAL OFFICES ASHEVILLE MOORESVILLE WINSTONSALEM RICHARD PHILLIPS,P.V. DOUG MILLER,P.E. MATTHEW CANTT,P.E. JOHN: Interchange Bldg. 919 Norm Maid Sheet NOWadghtowa Street JIMBr 9 WaadRn Race Motre"IIft,NC 2g115 WfmtooSelem,NC 21107 Raleigh Aubnille.NC 2 t COURIER-IXI"l INTER COURIER-12-59-01 COURIER-09-0 IJJh)991.AMo (919)5'. (02g)25"2M (7M)66}1699 FAX4(3J6)791-4651 FAX FAX016H)2Mfi652 FAX4(709)66LkM0 Ahmaoce Allegbany Mhe Chalha Avery Buommhe Burke Alexander Ilocolu Caswell Davidson Davis Entail CeMw ll Cherokee Clay Gbsrena Mecklenburg Forayta Guilford Rockingham Jnhmil Graham iiayw9od Ilndersau Catawbe Rowse Randulpb Suk" Surry Norths Jackson Marto Madman Cleland Slamly Watauga Wilk" Yadkin Vuce McDowell Mitchell Polk Gastoo Unem Warner Rutherford Swain Transylvania Ircdell van">. FAYETTEVILLE WILMINGTON WASHINGTON WILLIAM (TOBY)vilawN,P.E. DAN SAMS,P.E. FLOYD WILLIAMS,P.G 2M Greed Show 127 Cardinal Drive Ext. 943 Washington Square Mall Stile 716 WBmiagtaa,NC 33405JMS Wnhbgion.NC 2'IPe9 FayntnUle,NC =1 COURIER.16 1 COURIER-16.56-TS COURIER.M.I&JJ (252)M6o$491 (910p6g6-IMI (910)wr5 tioU FAX d(252)976-3116 FAXO(910)486U1109 FAX a(910)JWIWS Bestfa" Rertk Camden Aetna Mantgom"y Seodand Brunswick New Haaner C6owan Craven Curaimd B4den Moore Carteret Onslaw Dare Gal" Greene Cumheelaed Richmond Columbus Pend" Hartford Hyde Juno Haraell Ratans Doplin Lescir Martin Pamlico Hoke Sanctions Pasquoul Perquimaes Pin Ru l Tyrrell Washington Wayne SCHEDULE OF tCLAMATION COSTS1012000 m appllcoe.0 sch.wpd (Based upon range of $500 - $5 000 per affected acre) COMMODITY CODES : SG = Sand and/or Gravel., GS = Gemstone, Borrow = Borrow/fiil dirt, CS = Crushed Stone, DS = Dimension Stone, FS - Feldspar, MI = Mica, Li = Lithium, PF = Pyrophyllite, OL = Olivine, KY = Kyanite/Sillimanite/Andalusite, PH Phosphate, CL = Clay/Shale, PE = Peat, AU = Gold, TI = Titanium, and OT = Other Tempe T/S Ponds S.Piles W.Piles ,. P area/H.R. Mine Excay. SG, GS, $500/ac. (L) $1800/ac. $2000/ac. $1800/ac. $500/ac. (L) Borrow 1500 (FI) $2000 (PD) CS, DS, 500 (L) 1800 2000 2000 500 (L) FS, MI, 1500 (FI ) 2500 ( PD) LI, PF, OL, KY PSI 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI ) 5000 (PD) CL 1000 (L) 2500 5000 5000 2000 (L) 2500 (FI) 3700 (PD) PE, AU, 1000 (L) 2500 3000 3500 2000 (L) TI, OT 2500 (FI ) 5000 (PD) (L) = reclamation to a lake and revegetating sideslopes (FI ) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B. 0003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET, YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING AS A MINIMUM: - FINAL GRADING COSTS PER ACRE - LIME AND FERTILIZER COSTS PER ACRE - YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) - MULCH AND ANCHORING COSTS PER ACRE - ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR' S FINAL BOND DETERMINATION. 1,000 copies of this public document were printed at a cost of $945.61 or $.95 per copy. 4/2002 DBPARTMFNT OF ENVIRONMENT AMID NATURAL RESOURCES DIVISION OF LAND RESOURCES - LAND QUALITY SECTION -21- DUNCAN-PARNELL,INC. N132437 N\` qi , i ✓ a�� /�j�t ,..:,P•� t v l ,�,, r /t�tr r hr ,atif %r ✓~ �,r�✓l F �jr yjf S `1 i 4„ �y,�(_S ,; -.^a 5�. 3 a '��•/' t r .j +� fk'If a � A; �.,,� ' L F � �j I Vw e 11 , a J �.r Ti` �,l�yT ;w. � t �.2 b� � \ t4 fi t r \{a� / ` F � J A Oe�•e 0�aaei a°u•Oa 1. Q ••) - �l � _- � r--C' i6 3 r�;.._ � '+a��a �� � ''� '' C' �_ � � �•,..e pa apo ep° � � . J t' A =c ' l c F � TJ IT, r �b < al RI I LA r j n Zx m a Oom i o 0 8 0 O O �,L A Dim I ' ~ � � F�a I i •s' s Q � .- , yr• V RI o e(n r z � �y l Y .. d-� c 3 r r w *-.- Z fJ _ to `T x ppo o } a 2 3 n 1 0 C' ° 7 dxI Mt^tl^/G n : o n - N 3 C o 1 �a ci rn 3 p (A Z I� y r� UN 0 Cr o a �.as CD 0 - o c ao m 8D rn w Q -0- to c`J o° n ti ° c N • fD C A n �x '-- "' a' c.-.o 'C h h' o_ O" --� Ri r_ = 0 I o = � av o 0 o 0 P Q Q t$ A 3 m�Tc ° o o a � a CL Op UQ E rn L 0 N ON G.,�v� N DR A. b-• Uo `� �" < '� " ..+ �--- e•J _ - f11 0 �M« W w W o UNOVn1DR12 / i� F o . -t tv n� � � o w . CD � . � � i PE2mtr Z3 V �S� ��� <�, o F n i o op �� 0) Z ° -I- n° D m °p o rnv CD at all co 1' a' O z w o p / ° may: ^n 1 �— 3 V- ID IT) N on ° P o '? J UQ m o tlQ Q°° CD 171a A Z N '�- '� . 1 Pd, J T Z C n m N �`� m�s CS 151111111 G ROA9 41A, V, b c OS, C, a z rN acyr � PrzEvlovS _ JAC 'Roe p3im 1p\ `vrc 6• a J 1. bo . CNN 0 kn �\ - cON r cry st t � � 3 j0 m f Z C 3 V ✓ 'i r 1 z 0- e 3 z Z- 3ym � R df Zoy` I(MCI - s �t a1,Q� Spy '-"�� .r A; > C ct, c Z `l /s\n J D c Cfl N 1 ir to 4� J/J fJ1 -1 77 m DC // u` i chi o ►�2n, l Z N 7 1 �yy i\ I 2• D — ///��� 3 J z z a r V _ 3 z a z < a 4 t pppTpUll e c D i i tm v L z ° T o � 0 rn m IN m r_ -9 z m$ n c o: 2 £ co LA z >d n £ c l r -4 40jn, F (Nia r �'r n s 01 June 5, 2008 MEMORANDUM TO: File z� FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. Steve Cook Ai NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Govemor Director and State Geologist William G. Ross Jr., Secretary June 3, 2008 Mr. Gary T. Bizzell American Materials Company, LLC PO Box 88 Clinton, North Carolina 28329 RE: Permit No. 82-19 Ivanhoe Pit#2 Mine Sampson County Cape Fear River Basin Dear Mr. Bizzell: Your application for renewal and modification of the above referenced mining permit has been approved. The modification is to increase the permitted acreage to 515.0 acres and the affected acreage at this site to 435,2 acres as indicated on the mine map last revised June 3, 2008. The modification includes the expansion of the permit boundary and mine excavation area to the north. A copy of the renewed and modified permit is enclosed. The new expiration date is June 3, 2018. The conditions in the renewed and modified permit were based primarily upon the initial application. Modifications were made as indicated by the renewal and modification requests and as required to insure compliance with The Mining Act of 1971. 1 would like to draw your particular attention to the following conditions where minor additions or changes were made: Operating Condition Nos. 4E and 5. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 515.0 acres and the amount of land you are allowed to disturb is 435.2 acres. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper Mr. Gary T. Bizzell Page Two Please review the renewed and modified permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincer ly, Af Ioyd K. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWlw Enclosures cc: Mr. Steve Cook Ms. Shannon Deaton-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: American Materials Company, LLC Ivanhoe Pit#2 Sampson County - Permit No. 82-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: June 3, 2018 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications August 6,_1999: This permit has been modified to increase the permitted and affected area to 83.1 acres as indicated on the mine map last revised June 1999. April 26 2001: This permit has been transferred in its entirety from CCC Sand and Gravel, Inc. to American Materials Company, LLC. October 9, 2006: This permit has been modified to increase the permitted acreage to 257 acres and the affected acreage at this site to 243.64 acres as indicated on the mine map last revised August 23, 2006, and the supplemental information received on October 11, 2006. The modification includes the addition of 174 permitted acres with 143.7 acres to be affected for excavation areas. Page 3 June 3, 2008: This permit has been modified to increase the permitted acreage to 515.0 acres and the affected acreage at this site to 435.2 acres as indicated on the mine map last revised June 3, 2008. The modification,includes the expansion of the permit boundary and mine excavation area to the north. Expiration Date This permit shall be effective from the date of its issuance until June 3, 2018. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-45, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. 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 Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. Page 4 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. All access/haul roads within the mining permit boundaries shall be located between the mine excavation and the minimum 50-foot wide undisturbed buffer zones (not within the buffer zone). D. The perimeter berm shall be constructed as indicated on the mine map last revised August 23, 2006. Said berm shall be stabilized with permanent ground cover and shall be located between the undisturbed buffer and the excavation(s) (not within the undisturbed buffer zone). E. Mining activities shall occur as indicated on the mine map last revised June 3, 2008 and the supplemental information received on January 14, 2008 and April 14, 2008. 5. All mine permit boundaries (515 acres) shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. Page 5 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained 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. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 irrevocable standby letter of credit, 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. Page 6 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavation shall be graded,to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through 10.D. E. 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 Ibs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 9 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. This permit, issued to CCC Sand and Gravel, Inc. January 7, 1998, modified August 6, 1999, transferred to American Materials Company LLC and modified October 12, 2006, is hereby simultaneously renewed and/)modified thisP day of June, 2008. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/cr are listed as an adjoining landowner in the application to modify this mining permit filed by American Materials Company, LLC to conduct mining activities off SR 1105 in Sampson County. The mining permit (no. 82-19) was modified on June 3, 2008. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must be filed in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. fameg Simons Director Division of Land Resources North Carolina Department of Environment and Natural / Resources This notice was mailed on �. Brenda Harris Mining Program Secretary I I . � � i I t I I I I I I i I - I I � - - - - � . - � - - --_ - - - -_ --_ - - - -1 - -- -I I -_ -_. _, -_� � I I � � . 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I- "I ,,," ii iil... i eeeee, - i � I���,'��,',i "I",,,, ��;I�,,''%�,�,' 1, - , I -it-,a 1, 1 Q I _� ��� I _� ,,� ,�, I EN'i", ',�IN Ir � ,,,,,, , ,�mi�,�l�� ," �_", -N ,,.f 71 A " " ,hi " , i , I , , I_ � t , , 71 , I,, I I I I � I el " - �,"2"""', T7 A WIA I I I Al WE= ,11111111 I w r" , LLL���Liz­%I`111111A� _N��'A,11'11111 :""�","-,�'�"le"",�""I�,,�""I",-�,�,,�"".,�,�'ll�,,�", i :, :� ; 'I, II�� �I i%2, 1 1 __r,N ,�,',`,':,,'� I , A,��� �",_ _ .. "I I I I I I I I i I I I ­ � I I ­ - ­ '_'�­_____---_­_-'_--_-­- , ___i__.___1_i__­ -11 --i -___ , i,i ___ - - ,�__ ,,"",", ,I , - , __ - -:-__-.'.__� � . ; � , ,, I w, - : �_:, . -:77 � - - - ____ - __ __ __ - --- __ - - I __ ­_---­ . - __ - ___ __- -- - -_ .-,-I'- ,� .. ;rd 77�,, � . _ ._ � _ , I : ::7 � � .i i� . . ,� ,,�2* b3 /k: Q?1uj __ I ., i. , ,, , I I , 1. t: _ �­ I. , I f.....,.-.-........�m��. "ate.-�....+u..w.:w.-.-�......,.� MINING CHff��ECKL15T FOR ROUTING Applicant's Name: AMt&OIA //G. "Z Project Name: uytovNiae, P,F ApplicJPermit No.-`ay County. �F naun, Date Received: 741369 Rev ewer. l River Basin Name: ilo of A , C�New ❑Renewal ❑ Modification (inside permit boundaries) Modification (outside permit boundaries) ❑Transfer ❑ Release ❑Partial Release /iAdditional Information ❑ Fee Needed: $ ❑Fee R aceillvve�ed: $ d irtnrn% IIA. Regional Office (2 complete copies; attach the 'LQ5 Regional Office Mining Application Review Checklist" to one copy and attach kpth the DWQ and OAQ "Mining Application Review Form"to the other copy; send both copies to the Regional Engineer) Date: Routed Reed 0 Division of Water Resources Data: Routed Reed ONC Wildlife Resources Commission Date: Routed Reed ❑US Fish &Wildlife Service Date. Routed Feed (Only new applications and modification raqueats that add land to the permit) please route first 3 Rages of the application and any location mar tom: Cl Division of Parks & Recreation Date. Routed Rec d ❑ NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date. Routed Rec'el "suspense Date for Comments: n VY (no later than 25 days from receipt) D Please note the following: CWA,144 �inu�✓� 'YYI�Mh n` Y ' Return of American Materials Co.-Ivanhoe Pit NPDES application Subject: Return of American Materials Co.-Ivanhoe Pit NPDES application From: Bethany Georgoulias <Bethany.Georgoulias@ncmai 1.net> Date: Fri, 03 Oct 2008 11:17:04 -0400 To: Judy Wehner<Judy.Wehner@ncmai 1.net> CC: Mike Lawyer <Mike.Lawyer@ncmail.net> Judy, Just an FYI. We are returning the NPDES stormwater/wastewater application to the applicant for Ivanhoe Pit #2 in Sampson county because they have asserted they will not have dewatering or stormwater discharges and therefore not require coverage under NCG020000. A copy of the letter is attached. Thanks, Bethany G. -------- Original Message -------- Subject: Re: NOT from American Materials Co. Date: Thu, 02 Oct 2008 08 :21:22 -0400 From: Mike Lawyer <Mike.Lawyer@ncmail.net> To: Bethany Georgoulias <Bethany.Georgoulias@ncmail.net> References: <483E9EC2.3030406@ncmail.net> <48AF039D.10103@ncmail.net> <48B2B665.8040806@ncmail.net> <48E3BA55.30400@ncmail.net> <48E3BB6F.1040006@ncmail.net> I'd say that it is probably realistic. I'm fairly confident that the area is very sandy allowing for high infiltration and the site is most likely large enough to contain any stormwater internally to the mine. Mike Bethany Georgoulias wrote: Mike - one more follow up on this one. There will be no 0&M Plan requirement if there's no NPDES permit. . .is the region concerned at all about potential impacts to wetlands here from any pumping? They're asserting that they don't think they'll ever need to pump, I guess. . .is that realistic? Bethany Georgoulias wrote: Mike, I think we're at a point where we should just return this (NOT application No. NCG020730) based on the mine operator's assertion of no discharge. I take it you don't have any other information, and it's just sitting on our backlog. I'll remind him of the obligation of a permit if there will be discharges in the future. I'll also copy Judy Wehner in DLR so she' s aware. Thanks, BG Mike Lawyer wrote: Good morning Bethany? Hope this past weekend was the best ever for you. I just spoke with Tony Harris regarding the subject mine and NOT. He said they still feel as though they will not need to dewater or discharge and that due to the sandy soils any stormwater would infiltrate and not leave the site. He also said he would need to check with some other people to verify this and get back with me in a week or two. I explained that if we did not process their NOT at this time and they later felt they needed permit coverage then they would have to submit an application package again along with the appropriate fee. If and when I find out more, I'll be sure to let you know. of 3 10/3/2008 1:14 PM Return of American Materials Co.-Ivanhoe Pit NPDES application Mike Bethany Georgoulias wrote: Mike, If memory serves, I think you said these guys were going to get back to you in mid-July about whether they needed to de-water at Ivanhoe Pit. Do you have any news on this one? I haven't even checked the status of their .mining permit - can't remember if they were waiting on that, too. Thanks, BG Bethany Georgoulias wrote: Mike, We've received an NOI from American Materials Co. , LLC for Ivanhoe Pit #2 Sand Mine near Ivanhoe, Sampson County for coverage under NCG02. This mine is currently awaiting a renewal/modification approval to its Mining Permit No. 82-19. The application says the site currently operates with hyrdraulic dredge (no discharge) , but future mine development may necessitate dewatering discharge. Apparently they would pump any mine dewatering water to a UT to the Black River (Class C; Sw, ORW+) . A copy of the NOI is attached, along with a map I made. Unfortunately the site drawings are too large for me to scan. Some important special issues with this one: 1. This part of the Black River is classified ORW with a Special Management Strategy under the 25 .0200 rules. No new NPDES wastewater discharges are allowed to the mainstem, but they are allowed into tribs within one-mile with certain effluent limits. Our NCG02 permit covers those -- 20 mg/l TSS would apply (Technically, this ORW area is a subset of HQW) . However, it's imperative that we ensure discharges would in fact be to a tributary, and not directly to the Black River, or we can't issue the permit. (They are definitely within the mile buffer -- see my map) . Also, we need to consider whether the applicant will be able to meet those TSS limits with the proposed dewatering strategy. 2. You'll notice from the NO2 that the applicant doesn't think this site needs an O&M Plan because they anticipate "no groundwater impact." From the site plan, it's apparent there are wetlands contiguous to the mine (in fact, that's where all the temporary dewatering basins are shown) , so I'm sure it will need an O&M Plan. We need to educate them on this point. [I was just out in the field last week in Onslow County and saw a sand mine dug right into wetlands, and it was a mess—you could see the water trickling through into the pit, and it had been pumped indiscriminately until DWQ got involved. ] Depending on how well they understand the requirement, it may take some time to get them where they need to be on that issue. 3. There are some endangered aquatic species (State listed, not federal) in the area (Barrel Floater mollusk) , and State and federal 'species of concern' (Thinlip Chub?, Dwarf Salamander, Broadtail Madtom catfish) as well. The occurrence data from the Natural Heritage database is ranked "low" accuracy, but it is still something to be aware of. Again, we need to make sure any dewatering can achieve TSS limits and does not impact adjacent wetlands. Does the Fayetteville Regional Office have any concerns about issuing this facility a COC for this general permit? Given the sensitivity of the receiving water and wetlands, I 'll hold this one for input from FRO about ORW discharge and need for an 0&M Plan before we issue a COC [contingent on DLR mining permit modification) . 2 of 3 l 0/3/2008 1:14 PM Return of American Materials Co.-Ivanhoe Pit NPDES application Thanks, BG ------------------------------------------------------------------------ Michael Lawyer Environmental Specialist NCDENR-Division of Water Quality Surface Water Protection Section Fayetteville Regional Office Direct: (910) 433-3329 Main: (910) 433-3300 Fax: (910) 486-0707 Bethany Georgoulias Environmental Engineer NC DENR Division of Water Quality Stormwater Permitting Unit tel. (919) 807-6372 fax (919) 807-6494 Content-Type: application/pdf NCG020730_returnletter.pdf Content-Encoding: base64 3 of 3 10/3/2008 1:14 PM O�l)F wArFAOG Michael F.Easley,Govemor U, y William G.Reath.,sxalary Nonh Climate Department or Envirmment aid Naaual Resources P 'C Cotten H.Sullins,mentor Division of WaarQualily October 3, 2008 Gary T. Bizzell, President American Materials Company, LLC 7741 Market Street, Suite A Wilmington, NC 28411 Subject: NPDES Permit NCGO20000 Application Proposed Expansion of Ivanhoe Pit #2 Application Return#1193 Sampson County Dear Mr. Bizzell: On May 5, 2007 the Division of Water Quality received your Notice of Intent(NOI) requesting coverage under general stormwater permit NCG020000. Based on infomladon that Mr. Tony Harris provided to Mr. Mike Lawyer of the Fayetteville Regional Office, we understand there will be no discharges associated with mine dewatering or other wastewater and no stormwater discharges from this mine site. Therefore, we are returning your NOI application because an NPDES permit is not required. The Division reminds you that any mine dewatering discharges and/or stormwater discharges to surface waters are subject to the NPDES permit requirement, and any discharges without a permit will he subject to enforcement action. Please note that for industrial and construction sand mining operations, mine dewatering wastewater includes wet pit overflows caused solely by direct rainfall and groundwater seepage. If you ever anticipate discharges of this nature from this mining site, you must reapply for an NPDES permit. During our review, the Division noted this mine boundary drains to a watershed designated under an Outstanding Resource Waters (ORW) Special Management Strategy specific to the Black River and associated tributaries. As per 15A NCAC 02B .0225 (e)(9), no new discharges of wastewater are allowed to the Black River ORW area, and a more stringent TSS limit applies to new wastewater discharges located one mile upstream of stream segments designated ORW. Please also be aware that any dewatering at this site has the potential to impact nearby wetlands. Requirements for mine dewatering at such facilities covered under General Permit NCG020000 can be found in Section C, Part 1 of NCGO20000 (Part III Page 5 of 9). If activities at Ivanhoe Pit#2 ever require an NPDES permit, it is likely you will need an approved Operation and Monitoring (O&M) Plan before mine dewatering discharges could occur. Regardless of whether an NPDES permit applies, under no circumstances may dewatering activities at this mine drain or otherwise impact wetlands or other surface waters, or the company could be held responsible for water quality standard violations. NP" care i �taarli Wetlands and stmmwater Branch 1617 Mail service Cantu Raleigh,NC 27699-1517 none(919)$07-6300 Interact It!aurstate.nnus 512 N.SOIISNry Si. Raleigh,NC 276N FAx (9l9)800.8694 M Equal OpporluniylAamulire Action EmployerEO%Hecyoadll0 Pet Ccnsumai Paper Mr. Gary T. Bimell American Materials Co., LLC Return N 1193 October 3, 2008 In your original application, you only specified mine dewatering discharges. If separate point source discharges of stormwater occur(i.e., stmonwater not combined with mine dewatering water), these discharges are subject to the NPDES permit requirements, Should there be point source discharges of either stormwater or mine dewatering wastewater to surface waters from this mine in the future, you must apply for an NPDES permit prior to those discharges. The return of this application does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of land Resources, Coastal Area Management Act, or any other federal or local govemmental permit or approval that may be required. If you have any questions concerning this matter,please contact Bethany Georgoulies at(919) 807-6372. ' erely, n� for Coleen H. Sullins Enclosure cc: Fayetteville Regional Office Stoimwatcr Permitting Unit Central Files Judy W ehned NCDENR Division of Land Resources (DLR) RECOVED AUG 09 2006 LAND QUALITY SECTION North Carolina Department of Cultural Resources State Historic Preservation Office Pew N.SV Wbnk.AAnmi,lmm Michael V. 1ta hy,Governor Offs of Archna[and I Iistnr I la h C.Bone,'cmuq Doiaion of I luloncM Resources fef(my J.Cax,Dcpury FcenYvy David amok,Dtwcvn August 7, 2000 MEMORANDUM TO: Floyd Williams �� 1 Iand Quality Section Division of Land Resources,w D\ENR , 1 �' FROM: Peter Sandbeck &Us PAS - SUBJECT: Application for MngUUPer tut,American Materials Company, LLC, Ivanhoe Pit 42, Sampson County, ER 06-1813 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for listing in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore,recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-733-4763. rrceum MadlnS Addnn TekPhme/Pn ADMINISTRATION 507 N.Wum Soon,l gh NC "17 ma.""Cmw'g W Th NC 27599.Mo7 (91'ni33.491d/73YM53 kkamd ATION 515 N.aunt Stmet,RJe4o NC NA 7 Ma k,vt Cone Rskgh NC 276994617 plP M-6547/715.001 SURVEY h PLANNING 515 N.a1mnt S1nn,Uvo.NC 417 Matl Rnw,Cunm,R"h NC 2]N19 Mi17 �WpM.6555N15AR)1 American Materials-Ivanhoe Pit 82-19 Subject: American Materials-Ivanhoe it 82-19 From: Steve Cook <Steve.Cook@ncm 5 Date: Mon, 07 Aug 2006 15:23:31 -0400 To: "Kristin.Hicklin" <Kristin.Hicklin@ncmail.net> CC: Doug Jones <Doug.Jones@ncmail.net>, Julie Dorr <Julie.Dorr@ncmail.net>, Steve Cook <Steve.Cook@ncmail.net> Hi Kristin, Julie has completed her review and has no problems with the mine as proposed. Water Quality says................. • Site appears to be adjacent to wetlands based on the their enclosed map. Facility need to be diligent in its work near these wet areas. Facility needs to apply for and obtain an NPDES permit for stormwater and wastewater discharges regardless of any current lack of discharges. • NPDES required. • Wetlands disturbed/401 certifications required dependent on COE determination. Air Quality says....................... • No permit required. Let me know if you need anything else on this. Steve 1 of 1 8/72006 4:34 PM NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary May 20, 2008 Certified Mail Return Receipt Requested 7006 2150 0005 7360 6495 Mr. Gary T. Bizzell American Materials Company LLC PO Box 88 Clinton, North Carolina 28329 RE: Ivanhoe Pit No. 2 Mining Permit No. 82-19 Sampson County Cape Fear River Basin Dear Mr. Bizzell: We have reviewed the additional information your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Provide contour intervals of two foot intervals on the mine map. ` SY� 2. Provide drainage basins on the mine plans with run off calculations for the 25 ` year 24 hour storm event and construction details of adequate design for erosion and sediment control measures and/or devices for points of discharge of the drainage basins. 3. Show the existing site conditions on the mine plans.l 4. Clearly show the buffers on the mine plans and indentify whether the buffers are undisturbed or unexcavated. 5. Show construction entrances for all access roads on the mine plans. Provide a detail for said entrances 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 An Equal Opportunity lAffirmobve Ado Employer—50%RecycleO 10%Post Consurner Paper l Certified Mail Mr. Bizzell Page Two Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 56.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 160-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely,, ^ ' 1&I,0/ /� Judith Assistant State Mining Specialist Land Quality Section cc: Mr. Steve Cook DUNCAN-PARNELL.INC. N132437 I � �� • , 1 t x t \ i NI /• (t � \ , V\ z a p 'B i-�1 !' l!q r r t ' 4 • 4\F� +.."ram 1 - r Ti S ,•� I _ �I - d n Ik -71" l q D m to R13 Q U -� r 2 a T C � Y n e o f g �cl 00 O CL fM fJ m 3� r- pAG 7 m< q oFt1711 \ a� }} a Z m G .t w'.rLq i Cd I : ! I J. 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Additional information for this item is stored in film of ins, Bvnma alRiw DedlM1> i (j �Ireremmr/3Pbsem ldpd> ; Me we Cemml_Llis Fame , e{ Wsmic NO PffvyYtl;/ Ts_ $ LL "mull 6 P(emle�,AcwuPla CepydehtOtaU-2am U8pa.All mend It"erved. No FEAR Act EEO gets FOU\ A .. a� 1 of 1 5/12/2009 3:02 PM Ivanhoe Pit#2 (82-19) Subject: Ivanhoe Pit#2 (82-19) From: Sally McKinney<Sally.MeKinney@ncmail.net> Date: Thu, 01 May 2008 08:34:28 -0400 To: Judy Wehner <Judy.Wehner@ncmaiI.net> Hi Judy, I had already emailed LQ comments regarding the most recently revised site plan. Water Quality's comments have not changed. They still need an NPDES permit and still do not have one. Sally I of 1 5/1/2008 8:50 AM ivmhoc#2 82-19 Subject: Ivanhoe #2 82-19 From: Sally McKinney<Sally.McKinney@ncmail.net> Date: Fri, 18 Apr 2008 13:34:19-0400 To: Judy Wehner<Judy.Wehner@ncmail.net> . CC: Eric Matuszewski <Eric.Matuszewski@ncmai 1.net>, Sally McKinney <Sal ly.McKinney@ncmai 1.net> Judy. I received the revised plan. My comments are: 1. There are no construction entrance at public road intersections. 2. The site plan does not indicate where the current office and mining area is located. Sally 1 of 1 4/18/2008 1:32 PM I United States Department of the Interior a FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh,North Carolina 27636-3726 January 23, 2007 RECEIVED Mr. lames D. Simmons FEB 18 2008 Director and State Geologist NCDENR-Division of Land Resources LAND OUALrry 1612 Mail Service Center MWWG PROGRgM Raleigh,North Carolina 27699-1612 Attn: Brenda M. Harris Dear Mr. Simmons: The U.S. Fish and Wildlife Service has reviewed the project advertised in the following mining permit application. Due to staffing and funding constraints, we are unable to adequately address the subject proposal at this time. Therefore, we are taking no action on the following mining permit application. APPLICANT COUNTY NOTICE DATE DUE DATE American Materials Co. Sampson 01-07-08 01-30-08 We appreciate the opportunity to provide comments on the subject proposal. Should you have any questions regarding these comments, please contact Mr. Mark D. Bowers at(919) 856-4520, extension 19,or at the above address. S' cerel , Pete Be in, Field Supervisor cc: NMFS, Beaufort,NC EPA, Atlanta, GA WRC, Raleigh,NC • ®01w • .boos->-n -oo4F► A�T, A NGDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F, Easley, Governor Director and Slate Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris ' — RECEIVED Mining Program Secretary FEB ] 8 2008 Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC LAND QUALi Y Ivanhoe Pit #2 MINING PROGRAM . Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 30, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of ail mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wishner at (919) 7334574 if you have any questions. lbmh J ' cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 9919-733-46741 FAX: 919-733.2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 MINING CHECKLIST FOR ROUTING Applicant's Name: A :.o, 3 , 7A , bU4 /4 It )ILProjeet Name: 91r o e, e a ApplieJPermittNN,o122zLj_County:S0Yko5rtJ Date Received: Q ivin`j Reviewer. 1 I Ul River Basin Name: 0 New ❑Renewal ❑ Modification (inside permit boundaries) )(Modification (outside pe it boundaries) ❑Transfer ❑Release ❑Partial Release XAdditional Information ❑Fee Needed: $ 0 Fee Received: $ oplication package to: N //wi Regional Office (2 complete copies: attach the "LQ5 Regional Office Mining Application Review Checklist`to one copy and attach bath the DWQ and DAQ 'Mining Application Review Form"to the other copy, Sena both copies tq the Regional Engineer) Date: Routed Rec'd ❑Division of Water Resources Date: Routed if IRec'el ❑NC Wildlife Resources Commission Date. Routed Rec'd ❑US Fish & Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location mans o- 0 Division of Parks & Recreation Date: Routed Reed 0 NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Reed "Suspense Date for Comments: a y (no later than 25 days from receipt) ❑Please note the following: n • 0 CAROLINA GEOLOGICAL SERVICES, INC. �CEIVED April 14, 2008 Z0044 Ms. Judy Wehner � �}AME27 NCDENR, Land Quality Section 1612 Mail Service Center Raleigh, NC 27699 Subject: Ivanhoe Pit #2, Permit 82-19, Renewal and Modification Dear Ms. Wehner; I am writing this letter on behalf of American Materials Company in response to your letter of February 4, 2008 in which you requested additional information on the above described permit action. For clarity, I will respond to each item in your letter in the same order: 1. Please find attached copies of Certified Mail Receipts and Return Receipts, providing proof that all adjoining property owners and the County Manager were notified. 2. Please find attached a copy of the Notice of Intent/application for NPDES General Stormwater General Permit NCG020000. Please note that this mine utilizes a hydraulic dredge. Any dewatering will be for mine development. 3. A wetland survey was performed on the new acreage by Mr. Wyatt Brown. His delineation was subsequently approved by the US Army Corps of Engineers. This wetland delineation has been added to the mine map. A 50 foot buffer will be maintained between any wetland and any land disturbance. The newly delineated wetland areas and buffers has changed the affected acreage for mining area-to 427.ee. 4. Please find attached a copy of construction detail for the temporary dewatering basins. Please note that any water passing through these basins will be pumped water only. All stormwater will be held in the pit, and any discharge will be by pumping only. Note that the dimensions of the basins are 60 feet in length, 30 feet in width, and 4 feet in depth. The weir height is 3 feet and the weir length is also 3 feet. P.O. Box 429, GARNER, NC 27529 (91 9)779-0017 FAX: (91 9)779-7227 OFFICES AT 10 1 WEST MAIN STREET, GARNER, NC page 2 1 trust that this information will allow you to complete the review and approval of the permit application. If you need any additional information, please let me know. Sincere]),. James C. Izzell, Jr. PG Carolina Geological Services, Inc. enclosures CERTIFIED RECEIPT u oMAILY,,(Domestic Mail a � P .n G ilon visit our webste atf m easeVIFI 2s�5r�, O A L �D S E c�r�xrte13C D L fl9 S E mPa,uya y f0.41 OSiI m P.: a f0.41 0511 m Comua raa $2.65 05 �III�,, m camues.. $2.65 p Peh�gwapl.Fas I % p ItlumNWpl Fae �:� / Vry'���•. p (Fnev.. )uw me) 42.15 r.� H»� '� p ff�wus�mawenm4 l2.15 - �_ Fin J / Ar L p �nmma "I� 50.00 I�('� y' ,� o �Erim..nn°aMstlA.aeea {O.UU 1`�r Lil NTWweFruitsI Pmp F .Q $5.21 D1 008 / N rul Pumi n raw $ l5.21 \Q iI p WJ So+J ,(JA'SF! 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L�.Fgem print your name and address on the reuses X�! `�'t :'r"�' ❑Addressee ; B Print Your nams and address on the reverse X !J Mdeses so that we can cement the card to you. 0. Rer:B.la by(Nnbtsrd eel C. Deed Deanery so that we ran return the Card to you. 0. Pecdved by(Ftimed Mane) G D+te m Deaeer: Attach she card to the back of the malplsce. , r•. a Attach the card to the back of the magiece, or on the front If space permits. I :• _q or an the front if spars contrite. I .. D. edgwv y ddr dmerentfmm Ran]7 O.'ves D. I.delivery address different from Rem 17 ❑ +re Anise AEere edi to. I. Pnkre Addinnseb to: II YES,er,le,sari dtrea9 Nlow: @Ito It Y,E•S,enlm E&NmY atldrese below. ❑ �a rerye { 1 II v �)�,.r1L I Ilt� 1'1211iC1�tIL.-➢. �:tI) Ar ,TIN sl h- tY - - t11112f-l2L.(,. I�C'y 42f LEI . a. service rym,r - r �J7 3 I� rJi: 1�..7 a. service Tyler ❑Cwtlaed Men 6 Ezgees Mall ❑ CMinetl Mml ❑Behave Men IvHI la1 C 1 e- 2.$t!' t�. 0Rogbter11 ❑ Rdum Recelar far Mwchendbe N�:+P s't Ffv" r4t_ LI ;l g3 0pagatered ❑Putum Rmelpl for Memhardiu ❑Insured Melt ❑C.O.D. ❑ InsureC Moil ❑ O.O.D. 4. RYbkIM DdN O1FNa Poet Byl ❑Yes 4. NYbkIM DaWleft AW ❑W9 ANG9Nuder 2. Mkla Hamper (ranawrmm eavu:e�,p 7006 2150 0003 3828 8676 __ (n nsfe,har„4BNlG woo _ 7006 2150 0003 3828 8751 _ 1 Form 3811, February 2004 Domestic;Rdum lbcelal Ils$OSltl-wFtua PS Faro 3811,February 2004 Ceetteetic Rdan Retain -- raa9e-02MIu Complete Items 1,2,and 3.Also correplete A Signature Be Cwnplele Items 1,2,end 3.Also can ate .- Item 4 if Restricted Delivery is tlesiratl. fdtt�mt Item 4It Restricted Delivery a best redi 4C 28= J Print your name and address on the reverse Addresses a print your mama and add�esp�ntb@.mr si,109 X �`•}^`..•l'3°=4•r d'�n Addmee so that we can return the cad IP you. B. needled by(Rb J C. 4 o Dd ry so that we can return the c3Ydld'QDD.` t'bIVOW1 Attach this card to the beck of the malpiece, S a Attach this prtl to the back of Ne malpiece, a m the Icon it space permits, a on the from If apace pemRs. Y. - D. edaveryeddassdaererRllmrimnll OYa U. le address tlilMerrlkam Yern rt ❑1'ea Article Ad'aeaed ra MYFS,a address below. ❑Na 1, Artme Addressed to: It}�: rdTdlpSry add below; ❑No lVI a LVLAS )Rcro . / �3CrdrJ L IE AN I tuml ° mil I, 1 III V.{ ��.11\�lr Jzte-,nWl}<u2. L7Oc t l0'3 r ' S1.riCr.�.''yp��e3. Service Type .;•rr a;CD h L ❑CeaueeMau cerrvlad,w�; p: " ❑limi Mall ❑C.O.D. ql 0 fletterm Pa.-tl,.P t for Meni, adk❑ga#batl ❑Refuse Repeat for lAuchaldae Z044l_1 ❑• yCI ❑C.C.D.4- RaeMcbd DmNdy!ffabe Fee) 0 Yw <. Ras4krxl OalNeno(Elsa Fw1 ❑ Yee Arld t sr Number paeevxetmi 7006 2150 0003 3828 870_6 2bH,Awnermwkatal>e�, �00�1 2LLt5jlr 0003 3828 8683 S Farm 3811.February 2004 Domestic Rdurn Recalls IQQN reW-Iea4 PS Fonn 38l 1,Febmarry 2D04 Domasoc RoIum Recelpt 1025s54e PA Is II Complete items 1,2, and 3.Aloo complete A Sgnatum R Complete Rams 1,2,and 3.Ako complete A Signal Ilan 4 if ResMcletl Delivery Is tlesired. II� i 0 Agent I(ern 4 II Resficlatl Delivery Is tlaziretl. "1/4 yL� j U "'Rsnt Print your name and rational on the reverse X ?( 9 .4 ' ❑Addressee a Print your name and social on the reverse X00 L - ❑ Adaresae� so that we cam Sudan thre card to you. 0. Ivaf by(Panted Mined C. Dots of Deliveryso that we can Retum the cord to you. B. Ned by(Pmt�d,Name)' /1 G, Dma of nmluen Attach this card to the back of the mailplece, L heck of the mail lees, // ="-- or onthe Itreat H space permits. , 1 tV I —T{-t p Ahact this rartl to the o or on the front if space permits, p y v'� L' t Article ndd�ee m: D. smNary allmess dierm[fhwn item ll ONES sm'Nwy edde�diaerentfmnRem It ❑ Yes II YES,wtrtleliva tltlree0001aw: ❑No t- Article Admeead to. rye ( If YES,emrdalivery address below: ❑ No =L; �z,cs� LLC ot�Nx,�; , I�+Ytaa i75or�S ,� . F1alzms .�i.ti< er . �.c =. 0Cmbed 3. serM�Iype 1 0 LX Olt i ❑Cr rhea Mall ❑Epos Mae ❑ cr dMal ❑ S�Mao o S C. 1-ir t�� J Z 61 S4; ❑ Realnred ❑I'll Real for MerdwWka �,l- IN l 0 tJ frill. Z s 7 Z`i p Reglshose ❑ Ream Ramps for Manorial ❑ Insured Mau ❑C.O.D. ❑ Insured Mail ❑ C.O.D. a_ Rewkled Dul.ery?fEdra Feel ❑ Yee a. RearldrA d Delivery?IEa4a Fee) ❑Yes Made Number 2. Antos Neil (n ,rash(Scherer sreN tebop e 7006. 2150 0003 3828 8690 7006 2150 0003 3828 8768 — Rhererrmm:a,a;aa,dear? 3 Form 3811. February 20W oomesec Ream Receipt hazsssortwhsao PB Fmm 381l, Febmary 20N Domestic Return Receipt tozsesm.N.hs I e ee Iell Complete items 1,2,and 3-Also complete A Signal 0 Complete Items 1,2,and 3.Also complete Sigma re Item 4 If postdated Delivery Is tlesiretl. ❑Ageru Itema If Redacted Dellvery is desired. ❑Agent Pant your name and address on the reverse X W r idsq:v.6 M1'vC ILr"`�' ❑Addmseea p Prim your name and address on the revers an that we can return the card to you. B. Remved by(PMIed A§"�) C. 0r0 of Del�ive)ry so that we can return the card to you. by Fn'msl Name) C. to I Attach this card to the back of the mailplec0, .11�twbA�p L 1 M1 111 ' -J Y p Attach this card to the back of the mailpiece, AI .J, ( ) or on the front if space permits. 11 n T or on the faint 0 space permits. t c Article Addressed to: D. lemFrery mdresa dperem M1vn item it Oars O. adoll willd from Rear 1 )ARE. II YES,enter delivery usual bell ❑ No 1. Anne Addressed In if 'enter delivery our reds below: No Ihrenji .iE ir-A1?iTco,,i q�\LLI C) ��t2 :'r i2."i tc5 i t�'�lDir f15 'J8 /I�jf�yi:$ C4- 4 tl li tt7J i, 'ic �r 1.,.1.0 3 s❑e rvICI 7c`b� (l\rl12Ki; 5� 3. serYree Ives Confused Mall ❑ Express Mall IN L_ 0 notified Mail ❑ Exprass Mall L -zti ❑Registered ❑Petum Real far Medhentllee ❑Rearsoed ❑ Ream Rm ept for Mrcbandhr ❑inewed MDa ❑G.O.D. rt 11 ❑ mured Mall ❑ G0.0, 4. Restricted DmNW(Fror Feel ❑Vas e. Researched Delivey?s5va Feel ❑Yes atiaa Number 7004 1350 0003 2670 0602 2. Akre N"rateer 7006 2150 0003 311 8744 R r ndmsenaarecap rrraeeer earn sraaaleaves 3 Form 3811, February 2004 DomOslic Return Racelpt Iozael 1540 PS Form 3811, February 2004 Comedic Ream Receipt 1025ssmaw15= . . In 4 I Complete items 1,2,and 3.Also complete A sgnature IS Complete items 1,2,and 3.Also complete It. Signature Hem 4 H Restrlafd Delivery is eeslred. X '1 r ❑Agent item C 0 Res ricted Delivery is desired. 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U or m Me hoot if spate pe S. 1 , 7 D. laderer7,� J)w admitll ❑Yes D. bdeearyetltlraa dHlaerH M1om 11em 17 ❑Yes Mlole Addressed ro: If YES,a ' ❑No 1. Adds Addr�aed W. If YES.enter delivery sdtlmm Islas: ❑ No a SCUT JnJIZ y S�N (cors2l (1tANA 4dFL 1 Rbr.1ATU] IGIY,n\G �7n\tY.Irl I.ICn. 2s 7 a SeMes Type P o c ;'fi,IG . . $ 'f 4s � _ ��-22 �o a. Senllce ryl�jU1 t l) _ L IJ G NL ❑caMwnen Men 3e b Z$ 3 Z ri ❑feegbtered ❑Reran Y ❑ dean F� RwNplb NaaraNm �VArJ t1L]E, N� G ll(�_[ ❑InI ed ❑ Rehm Re<sipliw blefchvndlt ❑ insured Mall ❑can. ❑Inanal Mail ❑C.O.D. '"____ 4. Parkted DelNeyl lENe FeN ❑ Ym 4. RMrRledbol qy((Q, fee) ❑Ym Article l4vnber 7004 1350 0003 2670 0572 H. 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RmMmaa Dalvery?(aft Fee) ❑na 2' ""nba 7006 2150 0003 3828 8720 R,e,,,,rs-pa,p a,sa Raw7006 2150 0003 3828 8713 : PS Fenn 3811,February 2004 Dpmesllc Return FaCept tmsseoaMlsu i Farm 3811, February 2" Dmreatk Petwn Receipt ateasw 1540 • r • FOR AGI NCY USIiONLY Dille Received Year Month Da � '• Division of Water Quality/Surface Water Protection Certificate ofCayent e NCDENRNational Pollutant Discharge Elimination System Check# I Ainuunt rr,==1b nff� �'�, ° NCG020000 Permil Acsi fined t„ NOTICE OF INTENT National Pollutant Discharge Elimination System application for coverage under General Permit NCG020000: STORMWATER DISCHARGES associated with activities classified as: SIC(Standard industrial Classification)Code-14XX Mineral Mining Industry(except as specified below) The following activities are also included: • Active or inactive mining operations (including borrow pits—except for NCDOT borrow pits) that discharge stormwater contaminated with or that has come in contact with, any overburden, raw material, intermediate products,finished products, byproducts or waste products located on the site of such operations; • Stormwater from vehicle maintenance activities at mining operations; • Overflow from facilities that recycle process wastewater;and/or • Mine dewatering(wastewater) The following activities are specifically excluded from coverage under this General Permit: • Stormwater discharges associated with peat mining, coal mining, and metal mining; • Stormwater discharges from mining operations which are intermixed on site with stormwater from asphalt operations and/or concrete operations; • Stormwater discharges associated with oil and gas extraction operations; and • Stormwater discharges associated with tourist gem mines NCDOT borrow pits are covered under NCS000150 The following discharges are covered by NPDES general permit NCG520000 instead of NCG020000: • Point source discharges of stormwater and wastewater from in-stream sand mining operations (i.e„ sand dredging or dipping operations) For new mining sites that require an authorization to construct(ATC)wastewater treatment facilities:This NOI is also an APPLICATION FOR an ATC for new wastewater treatment facilities. ATC requests must be submitted at least 90 days prior to construction'. For exis mining sites that require an Authorization to Operate(ATO)wastewater treatment facilities: This NOI is also an APPLICATION FOR an ATO for wastewater treatment facilities in place. Construction, modification, or installation of any new treatment components at an existing site requires an ATC. (if the site is already covered by NCG020000,the ATC request may be submitted without an NOI). Some wastewater treatment facilities used to treat or recycle process wastewater(even if commingled with stormwater) at mining sites will require an ATC prior to construction per 15A NCAC 2H .0138. Please see the NCGO20000 General Permit for details about which treatment facilities require an ATC (summarized in Table 1 at the end of this form). For example, an ATC is required for treatment of mine dewatering discharge frorn clay pits and non-closed=loop wastewater recycle systems, The authorization to construct or continue to operate will be issued at the same time as the Certificate of Coverage (COC) for the NCG02 permit. Design of treatment facilities must comply with requirements of 15A NCAC 2H .0138 & .0139. Page 1 of 7 'As per 15A NCAC 2H.0106 2Unless treatment facilities are designed,constructed,and put into operation by employees internal to the company who are qualilied to perform such work for their respective companies in accordance with General Statutes,89C-25(7),plans and specifications must be signed and sealed by a P.E. SWU-217.012108 Last revised 1/21108 r NCG020000 N.O.I. Construction of wastewater treatment facilities subject to the ATCIATO requirements in the NCG02 permit at new or existing mining sites requires submission of three (3) sets of plans and specifications signed and sealed by a Professional Engineer(P.E.)or qualified staff 2 along with this application. A copy of the design calculations should be included. Please see questions 18 & 19. Table 1:Wastewater Permit ATC/ATO Requirements Mine Dewatering Yes No Quarries — Sand Pits — Clay Pits •Any Dewatering with Chemical Treatment • Process Wastewater Sand/Gravel — Closed-Loop Recycle — • Other Recycle • — For questions,please contact the DWO Regional Office for your area. (See page 7) (Please print or type) 1) Mailing address of owner/operator(address to which all permit correspondence will be mailed): Name AtY11 TZtCr4eJ MA RtA1,S _ COMPANy L L C Street Address 'T �'{ f M AILK6 T 5 T u vre A City I L.M 6J 96 To N State N L ZIP Code 2$4! Telephone No. g%D Gum 39 34 Fax: 411110 G$4 3g 29 E-mail Address 2) Location of facility producing discharge: Facility Name lvaw 06 *-Z- Facility Contact JAMtE C-►oFF Street Address TIR G tWE FMA L6L City iV&rJAOL State nle- ZIP Code 29444-7 County _ SAW-.0ri Telephone No. q to Fax: q ►D - ;��Z,-(aQT1 Contact E-mail 3) Physical Location Information: Please provide a narrative description of how to get to the facility (use street names, state road numbers, and distance and direction from a roadway intersection). Er4'Tr7An C O,J -DRAig 1?�.—_l F�PP¢oxtrAATEc.y 4 Mil" UQ��S i aF 1N'CERSECTtO/V `"r1 61Z ll ob 4) Latitude 34_ Longitude (degrees, minutes, seconds) 5) This NPDES Permit NOI Application applies to which of the following: ❑ New or Proposed Facility Date operation is to begin DeExisting ❑ New Permit not applicable-ATC request only. NPDES Permit Number Page 2 of 7 SWU-217-012108 Lasl revised 1121/08 NCG020000 N.O.I. e) Standard Industrial Classification: Provide the 4 digit Standard Industrial Classification Code (SIC Code)that describes the primary industrial activity at this facility SIC Code:L G 4 O 7) Provide a narrative.description of the types of minerals mined at this facility: ✓ O S) Discharge Points: Number of discharge points (ditches, pipes,channels, etc.that convey discharges from the property): Stormwater: Mine dewatermi 44 Process Wastewater Overflow: Discharge points should be clearly marked on the submitted site plan. Please provide short narrative description of discharges: 'TW s StYI: 15 Cuga ju72+y o lnk After WSTN alJ HYbrr. yG p4agte tAITN No L1tSLW1R4G. /7 /5 AN IpAriii 1ki 044oliKI NAIL MINE DEWATTbIil JC 0i 7% hJus iATs.. Fam FulrumE A11Ne plinyo Pnre%tf, T 9) Receiving waters: What is the name of the body or bodies of water (creek,stream, river, lake,etc.)that the facility stormwater and/or wastewater discharges end up in? Vl I jAMM rRRS VTAX4 etc. 1iii lZ iL It the site stormwater discharges to a separate storm sewer system, name the operator of the separate storm sewer system (e.g. City of Raleigh municipal storm sewer). Receiving water classification(if known): Note: Discharge of process wastewater to receiving waters classified as WS-11 to WS-V or SA must be approved by the N.C. Dept. of Environmental Health. If DEH does not approve, coverage under NCG020000 cannot be granted. No new discharges of process wastewater are permitted In receiving waters classified as WSd or freshwater ORW. 10) Will mining operations require dewatedng near wetlands or impact any stream,groundwater, or wetlands] f9 No ❑ yes If yes,please provide information about any 404/401 Certification permits. Note: Wetlands must be CLEARLY DELINEATED on the site plan. Mine dewatering activities that have the potential to drain wetlands or otherwise impact surface water or groundwater MUST develop and Implement an Operation and Monitoring (O&M) Plan that has been approved by the Division. The O&M Plan should be submitted to the Regional Offce and must be approved prior to operation. The plan shall include,but is not limited to: (1)Groundwater monitoring strategies to demonstrate the effect of pumping and to establish any pumping regime necessary to reduce impacts, and (2) Detailed plans to maintain surrounding hydrology and respective monitoring to demonstrate compliance. 11) Does this facility already have a valid Mining Permit from the Division of Land Resources (Di ❑ No (If not,please indicate the status o1 the Mining Permit application: 1 ryes If yes, please provide the Mining Permit number and include a copy with your application: gZ / Note: Di cannot issue a COC for the NCG020000 Ganeral Permit until a Mining Permit is Issued or renewed by the Division of Land Resources IVii Page 3 of 7 SWU-217 012108 last revised 1MI08 NCG020000 N.O.I. 12) Will this mining operation precede development activities at this site? 2'No ❑ Yes 13) Does this facility have any other NPDES permits? 9140 ❑ Yes If yes, list the permit numbers for all current NPDES permits for this facility: 14) Does this facility have any Non-Discharge permits(ex: recycle permits)? [H 0 ❑ Yes If yes, list the permit numbers for all current Non-Discharge permits for this facility: 15) Does this facility employ any best management practices for stormwater control? ❑l No T lyes If yes, please briefly describe: 6MIrq&O + EE0s/0n/ COArT20 f-s TrCStj trtc-) 16) Does this facility have a stormwater Pollution Prevention Plan? 1!K0 ❑ Yes If yes, when was it implemented? 17) Will vehicle maintenance activities occur at this facility? ❑ No Pies Wastewater Treatment Facilities: 18) Will mine dewatering discharges occur? (ATC/ATO required for clay pits or dewatering with Chem.treatment) ❑ No EKes 19) Will discharges of overflows from process wastewater treatment systems occur? (ATC or ATO required, unless sand/gravel mining or closed-loop recycle system) ?"No ❑ Yes If yes, answer the following questions on the wastewater treatment system: a. Please describe the type of process used to treat and/or recycle the process wastewater. Give design specifics (i.e. design volume, retention time, surface area, etc.). Existing treatment facilities should be described in detail, and design criteria or operational data should be provided (including calculations)to ensure that the facility can comply with requirements of the General Permit. [Use separate sheet(s)] b. Does this facility employ chemical additives to flocculate suspended solids? ❑ No ❑ Yes If yes, please state the name, manufacturer and the quantity of average daily usage of the chemical additive Note: Please see httD://h2o.enr.state.nc.us/ws/PAMS list.htm for a list of approved polyacrylamide (PAMS) products for use in North Carolina. Page 4 of 7 SW U-21 7-01 21 08 Last revised 1/21/08 NCG020000 N.O.I. C. Does this facility overflow only during rainfall events exceeding the 10-yr, 24-hr rainfall event? ❑ No ❑ Yes —No O V6VtO W _ -Dt 3t 4R24 131 NrnPr iJ 4 O NL-`T 20) Are wastewater treatment facilities (including recycle systems) planned in the 100-year flood plain? R"No ❑ Yes If so, include information to demonstrate protection from flooding. (Minimum design requirements for treatment works include protection from the 100-year flood, per 15A NCAC 2H .0219.) 21) Hazardous Waste: a) Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? R'N' o ❑ Yes b) Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous waste generated per month) of hazardous waste? amo ❑ Yes c) Is this facility a Large Quantity Generator(1000 kg. or more of hazardous waste generated per month) of hazardous waste? 9-'1 o ❑ Yes d) If you answered yes to questions b. or c,, please provide the following information: Type(s) of waste: How is material stored: Where is material stored: How many disposal shipments per year: Name of transport 1 disposal vendor: Vendor address: 22) Certification: North Carolina General Statute 143-215.6 b (i) provides that: Any person who knowingly makes any false statement,representation,or certification in any application, record, report,pian,or other document filed or required to be maintained under this Article or a rule implementing this Article;or who knowingly makes a false statement of a material fact in a rulemaking proceeding or contested case under this Article;or who falsifies,tampers with,or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the (Environmental Managementj Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars($10,000). I hereby request coverage under the referenced General Permit. I understand that coverage under this permit will constitute the permit requirements for the discharge(s) and is enforceable in the same manner as an individual permit. I agree to abide by the following as a part of coverage under this General Permit: 1. 1 agree to abide by the approved Mining Permit for this mining activity. (A copy of the valid mining permit must be attached to this request. 2. I agree to not discharge any sanitary wastewater from this mining activity except under the provisions of another NPDES permit specifically issued therefore. 3. 1 agree that bulk storage of petroleum products and other chemicals shall have adequate protection so as to contain all spills on the site. 4. 1 agree that solid wastes will be disposed of in accordance with N.C. statutes and rules governing solid waste disposal, 5. 1 agree that maintenance activities for vehicles and heavy equipment will be performed so as to not result in contamination of the surface or ground waters. Page 5 of 7 5WU-217-012108 Last revised 1/21108 AOR-07-08 MON 12r54 PM CAROLINA. GEOLOGICAL 919779722T • • P. OT NCG020000 N.O.I. I agree to abide by the provisions as listed above and recognize that The provisions are to be considered as enforceable requirements of the General Permit. I cenify that I am familiar with the information contained in fhis application and that to the best of my knowledge and belief such information is truce,complete, and accurate. Printed Name o Person Signing: bar r • 22e Title: rcr, dam.'( a f,.Z4 4- 7- o P (Signature ofAp IicamV Oz� (Date Signed) Notice of Intent must be accompanied by a check or money order for$100.00 made payable to NCDENR. Final Checklist This application will be returned as Incomplete unless all of the following Items have been Included: ❑ Chack for$100 made payable to NCDENR ❑ This completed application and all supporting documents ❑ Copy Of the valid approved mining permit (MP)for the facility or indication of MP application status ❑ Copy of a county map or other general location map that shows the mining site and nearest major roads ❑ Copy o1 USGS topographic map shoving the mining Nile AW surroi n7ng areas, or other map that clearly shows site location In relation to nearby streams, wetlands, and other waters, sic. ❑ Copy of mining site plan with all wetlands clearly delineated D If the mine is near wetlands, or may otherwise impact surface water or groundwater, contact the regional office about an O&M Plan (Contact information on the next page). Please refer to this O&M Plan checklist: ✓ She map with wetlands,ditches,well-placements.bonow areas, overburden storage, starmwater conlrels/SMPS. vehicle maintenance areas. settling basins, product process areas, and access roads. ✓ Well information (design, depths, maintenance) ✓ Physical monitoring for the wetlands areas ✓ Settling pond sizing information, if applicable ✓ Level spreader design, it applicable ✓ Details about dewertering method ✓ Description of measures to prevent erosion and flooding ❑ h an ATC or ATO is required, three (3) sets of plans, specifications, and design calculations, signed, sealed,and dated by a P.E. ATO and ATO requirements in NCO020DO are summarized in Table 1 on Page 2 of this NOI (see the permit text for more details). Plans shall show all pertinent design features, Including the location of the outtall(s). If stormw9ler is flowing off-site, the plan must show that slormwater will not be mixed with wastewaler. Mall the eMlre package to: Stormwaler and General Permits Unit Divislon of Water Quality 1617 Mail Service Canter Raleigh, North Carolina 27699-1617 Note The submission of this document does not guarantee the Issuance of an NPDES permit. Page 6 of 7 SWU-a17412108 Wsl reNsed 1121108 NCG020000 N.O.I. For quesfions,please contact the DWO Regional Office for your area. DWO Regional Office Contact Information: Asheville Office ... (828) 206-4500 fr. Wle r Sel°Y Fayetteville Office ... (910)433-3300 Mooresville Office .. (704) 663-1699 Raleigh Office .. (019) 791-4200 e le Washington Office ...(252) 946-6461 Wilmington Office ... (910) 796-7215 p .. Winston-Salem ...... (336) 771-5000 Central Office .........(919) 733-5083 " Wil wo, Page 7 of 7 SWLL21]-012108 Lent r°vlsetl 1I21IDB i wat LM]1M1 YII. Y6 I , S Y wII IILLLLLL I — Imo_ M. yw, 1 -- — -- Front Vlew • RMI& I e1L W xw dwl t j• M Yh, BR Ya[ wa1'Melyd 1 I I 4 M 1. . 1 ! 1.61E YN. �eMM wM Pu[-0R TaM r114 fa611e YY. e«s M YII. FY• mb. fl•W b� II Side View I • Radc Dam Disturbed Drainage Volume Weir Welr Excavated Dash Dimensions Area Arse Required DePih Width Legth Volume(Ae.) (CF.) tleigth Length (F1) (FL) (FL) (CF) I_9 3' 3 ' 9 30' {e0' 7200I agSIM Al o Dnm iJESIAW PASd1 ON VOLUMe OF IRAPPInt c e¢:¢r/LYt WRYER PUM0159 W 01SCAA$4E ta. lAl A>0.010, n],ru,�[allrs>� 0.0n1 ROCK DAM CONSTRUCTION DETAIL (iVFICAL) 'Detlaw�M•a[ D.o4o xel To seas } ,l ` s LAND QUOITY SECTION REGIONAL C*ICE MINING APPLICATION REVIEW CHECKLIST -mrnam 'LIGATION/PERMIT NO.: S2, 19 ACTION: New Modificatio Renewal ransfer Releas APPLICANT NAME: fFmemt_ m &AFLaAo MINE NAME: Ivanhoe siZ. COUNTY: �t Administrative Issues: A. Is the site currently under NOV? Yes No�Explain: t B. Is the site under CAMAjurisdiction? Yes(!)Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map. Yes No Explain: _ B. Are the proposed buffer zones adequate? Yes No Explain: Thano OLM no In &eEf eeydo e C. Do all occupied diwellings within 3 0 f9felof the mine excavation appear to be indicated? es No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated a No Explain: E. Is visual screening needed? Yes No Explain: Are the proposederosion and sedimentation control measures properly located to prevent offsite sedi No Explain: G. Is the proposed revegetationlreclamation plan acceptable? Yes N Explain: C412im ' Date inspected: 0 I510t Erosion and Sedimentation Control Plan Review: It is the responsibility of the Regional Office staff to verify the adequ y of the E&S measures. sere vide any concerns or comments: V Other Comments: 4F 5 �0 fi � a Who was the application routed to and when?: Division of Air Quality: R,akln Date: Division of Water Quality (Water Quality Section only): 47 11ra dwigM Date: Other: Date: InspectodReviewer's Name: Date: I b lD 6 Regional Engineer's Name: S f „ y n : ,P� Date: �.(� a Subject: Ivanhoe #2 Sampson 82-19 From: Sally McKinney <Sally.McKinney@ncmail.nev Date: Toe,05 Feb 2008 16:56:18 -0500 To: Judy Wehner <Judy.Wehner@ncmail.nev CC: Steve Cook<Steve.Cook@ncmail.neV, Eric Matuszewski <Eric.MaU=ewski ancmail.net> Judy, Eric and I inspected Ivanhoe Pit #2 today. We have generated the following comments: 1. The active older portion of the mine (south end of the site) has no buffers along the property line. Should this be included on the plan? 2. Include the location of the office and plant currently being used on the site plan. 3. Include the location of the storage tanks on the site plan. 9 . Install a construction entrance/exit at the intersection of the active mine haul road and SR 1105. Include this on the site plan. 5. A plan detail, construction specifications, and maintenance requirements for the construction entrances/exits is to be included on the site plan. 6. A plan detail, construction specifications, and maintenance requirements for the dewatering basins is to be included on the site plan. 7. Maintenance requirements for all erosion and sediment control measures is required to be on the site plan. B. Submit an updated reclamation plan. This plan should include the entire mine site and should specifically designate the future locations of ponds/lakes and the vegetation areas. 9. An annual seeding plan for temporary groundcover is required. A permanent seeding plan is required. These plans are to include seeding type and rates, fertilizer types and rates, and mulch types and rates. 10. All haul roads are to be included on the site plan. 1 of 2/5/2008 4:56 PM Ivanhoe#2 Sampson 82-19 Subject: Ivanhoe ##2 Sampson 82-19 From: Sally McKinney<Sally.McKinney@ncmail.net> Date: Tue, 05 Feb 2008 16:56:18 -0500 To: Judy Wehner <Judy.Wchner@ncmail.net> CC: Steve Cook <Steve.0 oo k@ncmai Lnet>, Eric Matuszewski <Eric.Matuszewski@nemaiLnet> Judy, Eric and I inspected Ivanhoe pit #2 today. We have generated the following comments: 1. The active older portion of the mine (south end of the site) has no buffers along the property line. Should this be included on the plan? 2. Include the location of the office and plant currently being used on the site plan. 3. Include the location of the storage tanks on the site plan. 4 . Install a construction entrance/exit at the intersection of the active mine haul road and SR 1105. Include this on the site plan. 5. A plan detail, construction specifications, and maintenance requirements for the construction entrances/exits is to be included on the site plan. 6. A plan detail, construction specifications, and maintenance requirements for the dewatering basins is to be included on the site plan. 7 . Maintenance requirements for all erosion and sediment control measures is required to be on the site plan. B. Submit an updated reclamation plan. This plan should include the entire mine site and should specifically designate the future locations of ponds/lakes and the vegetation areas. 9. An annual seeding plan for temporary groundcover is required. A permanent seeding plan is required. These plans are to include seeding type and rates, fertilizer types and rates, and mulch types and rates. 10. All haul roads are to be included on the site plan. I of 1 2/5/2008 5:19 PM • ArA • NCDENR. North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G., P.E. Michael F. Easley, Govemor Director and State Geologist William G. Ross Jr., Secretary February 4, 2008 Certified Mail Return Receipt Requested 7099 3220 0009 7703 6732 Mr. Gary T. Bizzell American Materials Company LLC P4 Box 88 Clinton, North Carolina 28329 RE: Ivanhoe Pit No. 2 Mining Permit No. 82-19 Sampson County Cape Fear River Basin Dear Mr. Bizzell: We have reviewed the modification and renewal request your company submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Provide proof, such as copies of the signed return receipts from certified mail, that the adjoining landowners and county manager have been properly notified. 2. Provide proof your company has applied for the required NPDES permit with the Division of Water Quality. The NPDES permit is required when dewatering activities are proposed. 3. Indicate all the wetlands and waterways on the mine map. 4. Provide construction details, including dimensions, of the dewatering basins. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, Notch Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail Mr. Bizzell Page Two In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely., �} 1 Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Steve Cook • & * North Carolina Department of Cultural Resources State Historic Preservation Office Peter H.Snndbeck,Adndnlsmaor \hchael E Easley,Governor Office of A,chhm a,,J Histoq Llahmh C E.-ans,kcrewry Diviaion of Himo.vat Resources JeRrq J.Cmw,Dara�iecmmp' David Rand,Dirovor February 1,2008 R MEMORANDUM TO: Floyd Williams Land Quality Section �- Division of Land Resources, DENRSFCjr FROM: Peter SandheckF a9 13 a �44 p Pft eN�/ SUBJECT: Application for Mining Permit, American Materials Company, LLC, Ivanhoe Pit #2, Sampson County, ER 08-0016 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites, which may he eligible for listing in the National Register of Historic Places, will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act, Thank you for your cooperation and consideration. if you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. InvAdom MliaJnau.sn.aa.auluah NC 27WI Mnia.g Add...64617 mvl N,m,,Guntur.adduh NC 27(M 4617 *1'1gA1vnC)F,x.('9I'!)x7L570/807-es99 �'t. .. �u 4. �. • ' .G 'v � ,\���C. .` � ® • Ivanhoe Pit#2 Subject: Ivanhoe Pit42 From: Sally McKinney <Sa1ly.McKinney@ncmail.net> Date: Thu, 31 Jan 2008 08:12:08 -0500 To: Judy Wehner<Judy.Wehner a?ncmail.net> CC: Steve Cook <Steve.Cook@ncmail.net> GS Materials Ivanhoe Pit#2 Sampson County Mine ID 82-19 Judy, I will be submitting numerous omments regarding the ESC plan. DWQ has stated that they need to apply for an NPDES permit. They requested this permit last year and still have not had the company apply for the permit. (same comment as last year) Eric and I intend to inspect the site today or Monday and will provide full comments at that time. It is a bit outside of the deadline imposed on the form so I wanted to let you know that these comments and current inspection will be forthcoming. Thanks, Sally I of 1 1/31/2008 9:03 AM Log In DPRfRRS Mining Permit Application Review RES Contact:-C I�Z' 1 � 1 d�{n'e�( Nameofproject: M01t 6a4;_h,A� aligff _ Hq*_?/re�7,tl-.c�����/ ^i County: .I�f�n,t,�SD /1 —�V6Lw h.3p .ix Proposed activity is _ is not V within 5 miles of a public park or recreation area. If yes, identify the park: RECEIVED ManagWagency name: JAN 2 2 2006 (contact name): LAND QUALITY MINING PROGRAM (phone; fax): (e-mail): ////,,/��/ // � ��� G Review conducted by: L1r /b��fT'Kti— Date: �0 1D68� PLEASE RETURN APPLICATION MATERIALS WITH YOUR RE VIE WICOMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Adrienne.McCoaQn cma iLnet THANKS! Return form and materials to: Adrienne McCoig Parks 8 Recreation DENR/Division of Parks & Recreation 1615 MSC JAN 2 2 2008 Raleigh, NC 27699-1615 Admin-Dir Once (Please Print on COLOR Paper) 0 0 A �A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secr a wA Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly January 30, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that'they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Parks & Recreation AttaWnents JAN 0 8 2008 cc: Mr. Steve Cook Admin-Dir Office 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F. Easley,Governor William G. Ross Jr., Secretary January 9,2D08 John Morris, Director MEMORANDUM TO: Brenda M. Hams Land Quality Section RECEIVED FROM: John Barr JAN 17 2008 Ground Water Management Section Division of Water Resources LAND QUALITY MINING PROGRAM SUBJECT: Comments on the Mining Permit Modification Request for: American Materials Co. LLC Ivanhoe Pit#2 Sampson County Please find attached a copy of the mining permit modification request for the above referenced project. The Ivanhoe Pit#2 located in Sampson County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gpd. However, if the mine starts to withdraw 100,000 gpd of water, they will need to registe their water withdrawals. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina Geneml Statute G.S. 143-215.22H. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water withdrawals and surface water transfers every five years. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 One Phone: 919-73340641 FAX: 919-733.35581Internet: www.ncwatar.org NO Carolina M Equal OMftniry i Nameare M Emp W-Se%ReWdW1 to%Pori Co WPa Naturally NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley,Governor Director and State Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson RECEIVED Hydrogeology Group Division of Water Resources 'JAN 17 2009 FROM: Brenda M. Harris ew� LAND QUALITY Mining Program Secretary MINING PROGRAM Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pk #2 Sampson County © Mine Dewatering Proposed []No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on January 30, 2008 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE, Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wenner at (919) 733-4574 if you have any questions. /bmh C Attachments 7� JAN 7 2008 cc: Mr. Steve Cook DMSION OF INATER RESOURCES 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-733.2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 MINING CHECKLIST FOR ROUTING Applicant's Name: rojeet Name. .Xu6t1w1La(0, Pif �0A ApplicJPermit No.:9a-) County • ✓ Yw4n Date Received: r 4 O 1� qq n I Reviewer. JG� / River Basin Name: f 4pe :4� 4,0 � � 7 �New • Penewal ❑ Modification (inside permit boundaries) A Modification (outside permit boundaries) 0 Transfer G Release ❑Partial Release ❑ Additional Information 0 Fee Needed: $ N§?Fee Received: $�Rayn PI ase. roi ms entire arplira ion page t o- A �Yv�r74� �It, Regional Office (2 complete copies: attach the"LQ5`pegJonai Office Mi6di Application Review Checklist" to one copy and attach bath tloi DW0.8' DAAD "Mining Application Review Form"to the other copy, send both copies to the ciijonal Engineer) Date: Routed �Rr L" ed i Division of Water Resources Date: Routed Reed NC Wildlife Resources Commission Date: Routed d Pee ` d U5 Fish &Wildlife Service Date: Routed / Reed - (Only new applications and modification raquests that add land to the permit) PPF4p, routs first 3 pages of the agplicat%on and any Ioratlon map�to; ( i ; 7�J DMsion of Parks & Recreation Date: Routed ,9,NC Geological Survey Section Data: Routed Reed D (Only new applications and modification requests that add Ian to'the(R permit) ivision of Archives & History Date: Routed (Only new applications) —� ❑Other. Date: Routed Reed "5uopen9e Date for Comments: I D oK (no later than 25 days 'y from receipt) 0 Please note the following: 94 w frwV Mom) T h.i�I.1/t RnmrP,, . (I�n�mrl 'YNa aiai Q� u '-W`��''S I 6 9 Er(2 41� NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G.. P.E. Michael F. Easley, Governor Director and State Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Vann Stencil - Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 30, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. lbmh Attachments cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699.1612 •919.733.45741 FAX: 919-733.2876 512 North Salisbury Street,Raleigh, North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley,Governor Director and State Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County © Mine Dewatering Proposed ❑No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on January 30, 2008 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Catalina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G., P.E. Michael F. Easley, Governor Director and State Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secr a FA Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly January 30, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment Control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. lbmh Attachments cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 919-73345741 FAX: 919.733-2876 512 North Salisbury Street, Raleigh, North Carolina,27604 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, P.G., P.E. Michael F. Easley,Governor. Director and State Geologist January 7, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by January 30, 2008 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. _ /bmh cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733.45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 ACNA RCDENR ' North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, P.G., P.E. January 7, 2008 Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary 5 MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secreffary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. fbmh Attachments cc: Mr. Steve Cook 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 NCGS Mille Permit Appllratlan Review Checksheet .rocsti is Will Camoloto min aamo. x Ca Payee lJ of vine Permil xmleaaan i1 aLe aYelCy 1/ 'QIY �a}� TIII2 ��� VM.aTMJI /a �9ai vIp 1 I[1_Iy]rt� wOinavan� rnalw .VCGS Complete Tla Yc11pn GmmomN Geae:lamnry C:awry 'Nnermcmmsue r.S CYie amyenrn LOaCeCep1 �-- (�. 41q(Capen) sic"Sanctity I :9ae Geeicpm iesmiC Xaiytl ma Unit yremamNgy ame. Geelgie Map um vnrm ReapYme, Jme pqr ca Picin i n Caw¢a Gassman 'Comm mmmw (c vent: S«pnX:nanm vale is pie peat pansontM amlentlpnwipl a 10!t rnann cf aaraeeenu In Sa yean. .aetartrce vaugu taappace".aC1:a1 sM conCMona may vary. lance"Na11comp emicXazym Maps manneon,:Yne IM, U.S.Gocmaid SYrny COanmle RePOrtSs+i32(ey:ISWmapa.etcr.Yiga.tavlaaialuYpgatO.no-n1} Reap Na _CM Reviewert I Campioaml' �— Revieae2 r CamplaalaZ NCGS Mine Armor COeat110014242 lle Rw.211/2L00 American Materials Company. C� VENDOR: NCDENR•L CHECK: 0#017330 DATE: 1132008 REMITTO: NCOENK COMMENT: Ivanhoe Renewal 1131/2007 0000019122 RenewaVrnodificatiammnni1N82-19 2.000,00 0.00 2.000.00 RECEIVED i JAN 04 2C08 E Lr��aunuTvsecnoN : E f S C >nannn: nm 2nm00_ 076" 17'0.00-W ja� I me" 15'0.00"WI 78. 15'0.00'W I v -- r.414 -� � 1 a \ 1 1 �Jlf I l V 1` it Univ t m. I - -f .ems `� 1 1I`ve tit I411 r� 'u � fItr 1 f l� lJJ//{������ / 1 1 J,� \\ -•-J, 1.;� r�yiC. . a1`F---/-� I 17 Jt' We`1T O.OD"W I '078- 16'0.00"W I '676. 15'0.00"W Name: ROWAN Location: 0340 36'38.8" N 078' 16' 06.9" W Date: 1/4/2008 Scale: 1 inch equals 2000 feet C rlght(C)1907.Maplech,Inc. • • Orz-IGINM , NORTH CAROLINA DEPARTMENT OF ENVIRON AND NATURAL RESOURCES RECEIVED LAND QUALITY SECTION �qy 041Grn APPLICATION FOR A MINING PERMIT LNiDQUNMsEcDOtt (PLEASE PRINT OR TYPE) 1. Name of Mine Ivanhoe Pit#2. Permit 482-19 County Sampson River Basin Cane Fear Latitude (dd.mm.ss) 34.6024 Longitude (dd.mm.ss) -78.2854 2. Name of Applicant* American Materials Company, LLC 3. Permanent address for receipt of official mail** PO Box 88, Clinton.NC 28329 Telephone 910�-592-2176 / 4. Mine Office Address Q7 9 Grreen Fin AOAe. �e Me e— A e. Telephone FZ40 53d - 6070 5. Mine Manager J—iM:e- 90-PP We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. +«+Signature t/f/ Date �•�� O G Print Name a e TL . �e Title eS. cte4T * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (securiri)that corresponds to this site. *• The Land Quality Section must be notified of any changes in the permanent address or telephone number. Signature of company officer required. G.S. 74-51 provides that the Department shall 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 in ormation 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. -1- 1 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: I. a. If this is an application for a NEW permit, indicate the total acreage at the site to he covered by the permit (this is the acreage thatat�"new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acrea�c cover�e existing permit: Mining Permit No.: 82-19 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): 257 c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 82-19 Total permitted acreage: 257 _ Does the modification involve acreage within the previously approved permitted boundary? Yes X No. If yes, indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): 6 Does the modification involve acreage outside the previously approved permitted boundary? Yes X No . If yes, indicate the additional acreage to be covered by this modification: 258 (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes X No (if no,a"minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon):_ 234.6 d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered Tay the existing permit: Mining Permit No.: Total permitted acreage: ■ SEETHE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 3. Mining method: Hydraulic Dredge X Front-end Loader & Truck X Shovel&Track X Dragline &Track X Self-loading Scraper Other (explain) y -2- APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural ground level b. Expected average depth of mine (feet) 25 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted? Existing permit #82-19 6. Number of years for which the permit is requested(10 years maximum): 10 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: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh,North Carolina 27699.1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- 1 APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s). Attach additional sheets as needed. This is a request to add acreage to an existing permitted mining operation. The new areas will be mined as part of the ongoing operations. 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 contro!for mine excavation(s), waste piles, accesslmtne 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-secoons/construction details ofeach measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. The existing mining pit currently serves as the primary sediment and erosion control feature at this site. The mining method is by hydraulic dredge, and all stormwaler and groundwater is contained within the pit and there is no discharge. The new mining area will be mined in the same method. However, there is a possibility that as mining proceeds into the northemlost parts of the pit, some stormwater and groundwater will be to be pumped from the pit until the pit is developed for the hydraulic dredge. Therefore, a basin is shown on the mine plan to remove any sediment from any water that may be pumped from the mining area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No — If yes, briefly describe all such processes including any chemicals to be used. The existing wash plant utilizes recycled pit water. No chemicals are used in this process, b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method ofstabilization) on your mine map(s). At this time, it is expected that there will be no discharge. However, as the mine develops in the northern portion of the pit, there is a possibility that some stormwater or groundwater will need to be discharged. A basin will be constructed for this prupose. -6- 1 APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s)extend below the water table? Yes X No . If yes, do you intend to dewater the excavation(s)? Yes X No I If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: < 12.000 . Locate al!existing wells on the mine map(s) that lie within 500feet ofrhe proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well constmetion data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The primary mining method is hydraulic dredge. This method will not lower existing groundwater. d. If you answered yes to any of the above questions, provide evidence that yyou have applied for or obtained the appropriate water quality permit(s) (i.e., non discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. If it becomes necessary to discharge water, a General NPDES Stormwater will be obtained from the Water Quality Section, NCDENR 4. a. Will the operation involve crashing or any other air contaminant emissions? Yes No X 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? Periodic spray with water as necessary. I APPLICATION FOR A MINING PERMIT 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 an 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). A 50 foot minimum undisturbed and unexcavated buffer will be maintained between any permit boundary and any land disturbance. 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 bejustified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A large Carolina Bay(Dismal Bay) forms much of the western boundary of this site. It is assumed that this . area is a wetland,and therefore a minimum 50 foot undisturbed and unexcavated buffer will be maintained between this area and any land disturbance. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to I vertical slopes or flatter for clayey material and minimum 3 horizontal to I vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. A minimum 3:1 slope will be maintained on all final excavations above the water level. Any areas below water will be sloped at the angle of repose. APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation ofan benches and/or slope drains (wish supporting design information) if needed, and the method of�al stabilization There are no wastepiles in this operations 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). Final slopes.of 3:1 will be maintained above water level. d. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross-sections ofihe mine excavation clearly noting the angles ofthe cut slopes, widths ofall 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, public, commercial or industrial building from any mine excavation. Locate all such structures an the mine map ifthey are within 300 feet of any proposed excavation. This is a very remote operation. A 50 foot buffer will be maintained between Dr. Kerr Rd. and any excavation. S. 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). The remote location as well as buffers will prevent inadvertent access. -9- • • APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X . How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans(including a schedule of implementation) for screening the operation from public view such as maintaining or plating trees, bushes or other vegetation, but berms or other measures. Show the location of all visual screening on the mine mop(s) and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. This operation is in a very remote location and is not visible from any public road. A vegetative buffer will be maintained along Dr. Kerr Rd. that will screen the operation. 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? N/A 11. Will explosives be used? Yes No X . 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. 12, Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X No If yes, describe these materials, how they will be stored and method ofcomamment in case ofspill. Indicate the location(s) ofall storage facilities on the mine map(s). Adequate secondary containment will prevent any release. -10 - APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN I. 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-seclions, of any permanent channels to be constructed as part of the reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. As required in current mining permit. The pit will be left as a lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No /fyes, illustrate the location of the bol(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will die body(s)of water be stocked with fish? Yes X No . If yes, specify species. Bass, bluegill, catfish or as per recommendation from qualified wildlife biologist. 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. N/A -11- 7 APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including speci jkations for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. There are no waste areas in this mine plan 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. As required in current mining permit b. Will any on-site roadways be left as part of the reclamation? Yes X No . lfycr, identify such roadways on the reclamation map and provide derails on permanent ditch line stabilization. 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 Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. Any such material will be collected and hauled off site. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seedine, 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 permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: seedine Rates: AS REQUIRED IN EXISTING PERMIT MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (poundslacre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation worksheel is to be used to establish an appropriate bond(based upon a range of$500 to 55,000 per affected acre) for each permitted mine site based upon the acreage approved by the Department to be affected during the life ofthe mining permit. Please insert the approximate acreage for each aspect ofthe mining operation that von intend to affect during the life of this minas rmy (in addition please insert the appropriate reclamation cost/acre far each category from the Schedule of Reclamation Casts ri d with this application form) OR von can defer to the Department to calculate vpur bond for you based upon your mans and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0 Ac. X $ /Ac. _ $ Stockpiles (Plant) 3 Ac. X $ 1800 /Ac. _ $ 5400 Wastepiles: _0 Ac. X $ /Ac. = S Processing Area/Haut Roads: 4.5 Ac. X $ 1800 /Ac. _ $ 8100 Mine Excavation: 456.2 Ac. X $ 500 /Ac. _ $ 228,100 Other Ac. X $ [Ac. _ $ TOTAL AFFECTED AC.: 463.7 Ac. (TOTAL PERMITTED AC.: 515 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 463.7 Ac. b) Positive Drainage 0 Ac. X $1,500.00 — $ SUBTOTAL COST: $ 241,600 Inflation Factor: 0.02 X SUBTOTAL COST: $ 4832 X Permit Life (I to 10 years): 10 INFLATION COST: $ 48,320.00 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 276.420.00 Total Reclamation Bond Cost: $ 276,400.00 (round down to the nearest $100.00) -14- i APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this application must be sent certified or registered mail 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 is contiguous to any highway; creek,stream, river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway" means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The "Affidavit of Notification" attached to this application must be completed, notarized and submitted to the Department, with the remainder of the completed application form,before the application will he considered complete. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA, AS REQUIRED BY NCGS 74-50(bl). ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION' -15- NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that American Materials Company, LLC has applied on Jan_4, 2008 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area x The applicant proposes to mine sand on 515 acres located 2 (Mineral, Ore) (Number) (Miles) west of Ivanhoe NC off/near road SR 1105 (Direction) (Nearest Town) (Number/Name) in Sampson 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 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 are 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: 910-592-2176 . For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. 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. American Materials Company, LLC Gary T. Bizzell, President (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) Janua 4 2008 PO Box 88, Clinton, NC 28329 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION it James Izzell. Jr. , an applicant, or an agent, or employee of an applicant, for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly sworn, do hereby attest that the following are all known owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is awned 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, 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) Adloinina Property owner list attached (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, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] Scott Sauer, Sampson County Manaeer PO Box 257, Clinton. NC 28329 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 rs owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these Vacs, 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 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were causedd//to be mailed and to provide them to the Deparhnent upon request. C 4;44- !- 4-08 Signature of AplfKant Agen Date If person executing Affidavit is an.! e or employee of an applicant, provide the following information: (Name of applicant) AmLWC4 v fMM-nfRuKS Comm. k LLC (title of person executing Affidavit) JUVlcl C. I-L-LU L Jn. - pGi EN 11 'M. 5 , ze&S6V 1 a Notary Public of the County of A n , State of North Carolina, do hereby certify that NIP_C �. 7zZr:�� f appeared before me this day and under oath acknowledged that the above ffrdavit was made by him/her. Witness my hand n,and notarial seal, this day of QQn f�' ! 2009 . Notary: W/YkA iwr AR&,�r�. My Commission expires: 4NofMM � RC. Adjoining Property Owners Ivanhoe Pit #2 Kaytric Hayes Herring, 570 Trestle Rd., Ivanhoe,NC 28447 Raymond & Emma Hayes, 570 Trestle Rd., Ivanhoe,NC 28447 Thomasine Carlton,c/o Thomasine Hayes, 164 N. Church Ave., Garland, NC 28441 Ronald E. &Tempie Smith, 3863 Dr. Kerr Rd., Ivanhoe, NC 28447 Anthony Henry, 140 Horace Henry Ln., PO Box 95, Ivanhoe, NC 28447 Bennie Lee & Lula Burney, 140 Trestle Rd., Ivanhoe, NC 28447 Johnson,Nash, and Sons Farms, Inc., PO Box 699, Rose Hill, NC 28458 Thyra Lucas Brawn, 1944 Brookhaven Rd,, Wilmington,NC 28403 Sandra Burney & Frankie Rothwell, 2941 Dr. Kerr Rd., Ivanhoe, NC 28447 Citizens for a Better Community, City of Harrells, Harrelis, NC 28444 Mercantile Timber, LLC, 6435 Shinnwood Rd., Wilmington, NC 28409 Phillips Properties of Wilmington, LLC, 7000 Market St., Wilmington, NC 28411 Jabe Five Properties, Ltd., Betty D.Goodwin, 1573 Kings Landing Rd., Hampstead, NC 28433 Black River Farms, LLC, 429 Tomahawk Hwy, Harrells,NC 28444 Forks, LLC, PO Box 872, Clinton, NC 28329 Sampson County Map Viewer Page I of 1 p 1 e I• , �l xv.cityoiclin�onnacom : 1emY :d�m W. lmn�fil: near :Swn W.: as .blle7, vmive 'MwH" LFr . 1+i.1 Enter Me layout parameters Wave and clkk Me '>mvleW Gunon to create a printepla layout Tue'. suOYtle: 4NM1lmBtlon: Lanft pp 44 a. aseww c"It LJ ka98ule t b. Wa - 0 0 0 92111 hup://&.&mpsomc.com/Default.aspx 1/4/2008 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. 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. C � LANDOWNER: I r k S� APPLICANT: Signature: Signature:* Print Name: rr , S-�a Print Name: Address: c 1 ��Sb e� S Title: ltt2-r, Q 1 n A d 0 F3v- 1_ _ Company: Axleer [ate Telephone: 9I S `� Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps, and the appropriate processing fee(see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -18- .,y: .; -,. 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IN INT NI ,r „<. ,'..� x #' , � .� F u•-> iit ass ' I IN I IN IN Y ' IN 11 IN j'P IN L ss1 � 4 h �t p ,(Y� a ! f7" - v., � >Fx` � p NNN, �t 1 � �� r � -�`°a s ate" �-�• L f 'EI f � � 11 IS�30a49?4101 tt A . k 1.zION 41, IN s' IN & A ks 1'i .. IN y 9 a 4 I 4 ,N, r NP �-- IN IN 3 g, 4. Iikk- Y � a1 ! s _ s t r, x W3" sn. NA'- ... v y y5tl i as IN k tiA rt • . ` ' -" "- . , x , , sue. . � - < ,� _ � *� ` r -rea .3 y��x�i, ` '� s,< rz 4 }4 IN uo 1-1 IN IN- iz s �a W X a 4 z 11 h `XSa'4` nry '.Y%ry N 1 � N z; October 13, 2006 MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice,. Cc: Mr. Doug Jones w NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Michael F. Easley, Governor Director and State Geologist William G. Ross Jr., Secretary October 12, 2006 Mr. Gary T. Bizzell American Materials Company, LLC PO Box 88 Clinton, North Carolina 28329 RE: Permit No. 82-19 Ivanhoe Pit #2 Mime Sampson County Cape Fear River Basin Dear Mr. Bizzell: Your recent request to have the above referenced mining permit modified has been approved. The modification is to increase the permitted acreage to 257 acres and the affected acreage at this site to 243.64 acres as indicated on the mine map last revised August 23, 2006. The modification includes the addition of 174 permitted acres with 143.7 acres to be affected for excavation areas. 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 insure compliance with The Mining Act of 1971. The expiration date, 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: Operating Condition Nos. 1 B, 4D, 4E, 4F, 5, and 13, and Reclamation Condition No. 3. The issuance of a mining permit and/or any mot ation to it does not supersede local zoning regulations. The responsibility of compliance with y applicable zoning regulations lies with you. As a reminder, your permitted acreage at this site is 257 acres and the amount of land you are approved to disturb is 243.64 acres. In addition, please note that this permit expires on January 7, 2008. You may submit the renewal application package to this office at any time between now and the expiration date. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper t w Mr. Sizzell Permit No. 82-19 Modification Page 2 Please review the modified permit and contact Ms. Kristin Hicklin, Assistant Mining Specialist, at (919) 733-4574 should you have any questions concerning this matter. Sincerely, Floyd R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section FRWIkh Enclosures: Modified Permit No. 82-19 Notice of Issuance cc: Mr. Doug Jones, PE wl enclosures Ms. Shannon Deaton - WRC, w/permit Mr. Bradley Bennett - DWQ, wlpermit Mr. William Gerringer-Mine and Quarry Bureau, w/o enclosures i DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND {QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: American Materials Company, LLC Ivanhoe Pit #2 Sampson County - Permit No. 82-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: January 7, 2008 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49, Modifications August 6, 1999_ This permit has been modified to increase the permitted and affected area to 83.1 acres as indicated on the mine map last revised June 1999. April 26, 2001: This permit has been transferred in its entirety from CCC Sand and Gravel, Inc. to American Materials Company, LLC. October 9, 2006_ This permit has been modified to increase the permitted acreage to 257 acres and the affected acreage at this site to 243.64 acres as indicated on the mine map last revised August 23, 2006, and the supplemental information received on October 11, 2006, The modification includes the addition of 174 permitted acres with 143.7 acres to be affected for excavation areas. Page 3 Expiration Date This permit shall be effective from the date of its issuance until January 7, 2008. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. 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 Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. Page 4 C. All access/haul roads within the mining permit boundaries shall be located between the mine excavation and the minimum 50-foot wide undisturbed buffer zones (not within the buffer zone). D. The perimeter berm shall be constructed as indicated on the mine map last revised August 23, 2006. Said berm shall be stabilized with permanent ground cover and shall be located between the undisturbed buffer and the excavation(s) (not within the undisturbed buffer zone). E. A 100-foot undisturbed buffer shall be maintained along the permit boundary adjacent to any "wetland limits," as indicated on the mine map last revised August 23, 2006, until a wetland delineation is provided to and approved by the Division of Water Quality for any isolated wetlands and the US Army Corps of Engineers for 404 Federal jurisdictional wetlands. If revised maps are required based on an approved wetland delineation, said maps must be submitted to the Land Quality Section. If revised maps are not required, then the 50-foot undisturbed and 25-foot unexcavated buffer, as indicated on the mine map last revised August 23, 2006, shall be maintained. F. Mining activities shall occur as indicated on the mine map last revised August 23, 2006, and the supplemental information received on October 12, 2006. 5. All mine permit boundaries (257 acres) shall be permanently marked at the site on 100- foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that.are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries-of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Page 5 Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained 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. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $500,000.00 irrevocable standby letter of credit, 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. ` Page 6 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the {Manned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. 6 Page 8 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through 10.D. E. 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 following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre, February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 lbs/acre or follow recommendations from a soil test. Fertilizer- 1000 Ibs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- Ali seeded areas shall be mulched using small grain straw at a rate of 2000 ibs/acre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 9 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. This permit, issued to CCC Sand and Gravel,Inc. January 7, 1998, modified August 6, 1999, and transferred to American Materials Company, LLC, is hereby modified this 12" day of October 2006. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application to modify this mining permit filed by American Materials Company, LLC to conduct mining activities off SR 1105 in Sampson County. The mining permit (no. 82-19) was modified on October 12, 2006. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA and NC General Statute 74-61, a petition for a contested case must be fled in the Office of Administrative Hearings within thirty (30) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. . R ,�J,�e..: � „J James D. Simons �t+r Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on Q �. Brenda Harris Mining Program Secretary - OCT-11-06 WED 01 : 13 PM CRROLINR. GEOLOGICRL 9197797227 P. 01 Carolina Geological Services , Inc. P.O. Box 429, Garner, NC 27529 Phone (919) 779-0017 Fax (919) 779-7227 FAX TRANSMITTAL To: FLOCIL7 W%U4(Xrild5 From: jfarAU-5 Date: Total Pages: �— (including this page) Notes: C�55 •�j[c ram/ K IVANN0c PiT- 2 9249 A5 Peri Yourz REb"T if you do not receive this document in satisfactory condition, please call our office. OCT-11-06 WED 01 : 13 PM CAROLINA. GEOLOGICAL 9197797227 P. 02 /R�RIMETP.R BEaM r DRIG�NAL ONO SutiF6LE WATER LEVEU �f►E �_ flrIOVE WATCR 2: I SLOPE BSL6W 'por oM of mime WA'TE2 G 720SS - �E LT IorJ eF MINI^1E. khR64 No- -T-0 5c�a.t6 VAti1�oE �IZ" & Z Q.MERILMI f(\P:ERIg4.S Ce. nerican Materials; Ivanhoe #2 Pit Subject: American Materials; Ivanhoe #2 Pit From: Steve Cook <Steve.Cook@ncmai 1.net> Date: Mon, 09 Oct 2006 16:36.28 -0400 To: Floyd Williams <Floyd.Williams@ncmail.net> CC: Doug Jones <Doug.Jones@ncmail.net> Floyd, I don ' t see any problems with this modification. They mention using the existing rock dam to temporarily discharge any collected stormwater in the new Mine A until they encounter groundwater, when they can move the dredge in. That ex . rock dam looks like it ' s across the haul road in the old Mine S so there must be a pipe under the haul road even though it doesn ' t show up on this plan. I believe the AQ/WQ comments were already sent with the original application. Thanks, Steve ps send us any spare techs you might have . f 1 10/9/2006 4:45 PM Page I of 1 North Carolina ` DEPARTMENT OF Elaine F. Marshal! 1 Fir 5 \� ; t;t Secretary SECRETARY OF STATE PO Boa 29622 Raleigh, NC 27626-0622 19191607-2000 Corporations Date: 9/26/2006 'Corporations Home Click here to: 'Important Notice View Document Filings 1 Corporations FAQ Tobacco Manufacturers Print apre-populated Annual Report Form 1 An 'Dissolution Reports Report Count I File an Annual Report I °Non-Profit Reports Corporation Names 'Verify Certification 'Online Annual Reports Name Name Type 'KBBE B2B Annual Reports NC AMERICAN MATERIALS Legal Links COMPANY, LLC 9 'Secretary Of State Home Limited Liability Company Information 'Register for E-Procurement 'Dept. of Revenue SOSID: 0505322 Legislation Status: Current-Active '1999 Senate Bills Date Formed: 9/8/1999 '2001 Bill Summaries Citizenship: Domestic 'Annual Reports 1997 'Corporations 1997 State of Inc.: NC Search Duration: JAN 2060 'By Corporate Name Registered Agent 'For New Corporation 'By Registered Agent Agent Name: Shaw, Harry M Online Orders Registered Office 1395 Turkey Highway *Start An Order Address: Clinton NC 23828 'New Payment Procedures Contact Us Registered Mailing PO Box 88 °Corporations Division Address: Clinton NC 28329 'Secretary of State's web site Principal Office 217 Lisbon Street Print Address: Clinton NC 28328 'Printable Page Principal Mailing P.O. Box 88 Address: Clinton NC 28329 For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. http://w .secretary.state.nc.us/Corporations/Corp.mpx?Pitemld=4620816 9/26/2006 Appllcetl0n�ID 2-19 LOS Complete TTle SMlon Atlacn Papea of Mine PermN Applic*Um c r Mine Name Ivanhoe Pd q� ccmpemy Name American Materials Co., LLC—� beta Due L05 �� 7/27/2006i Pal Type: MOOifiCatlon� INew� Renewal^` bq ; 1. - 1 �.� Motllll_caTtlon_-Tiansiar NCGS Complete This Section —__— commodity _ sand T_ II Geochemistry Hamrdous County Sampson 1 Minerals . JJ 7.5'Oued r ROWAN Subsidence !e " Let(DeeDe91 3aso2aoo)� > two(Dec0e9) -T8.265a00)I Slope Stability 1905 Geologic Kb Black Creek Fmn. 17 ' i>� Map Unit Seismic Nemrd M'dre9edaoy Other Geologic Map Unit Re9oumResour ee - I • Lilhdogy: Flood Plain . Deposits Comments J� IP U kj1 Comments (Col Note: Seismic harlard vault is the peak hodwdel acceleration with a 10%chance of exceedence in SO years. Reference value is firm bedrock„actual site conditions may very. Source-National Seismlc-Havan1 Maps Documentation,June 1996.. U.S.Geological Survey Ouen-Rle Report 96-5321hbpJ/gMmaps.0l.cr.usgs.gw/selshazfpgal ohmil). _ Record No r�"31 Revlewarl _ O 9 _ ComplDetet Revlawe2 I 'f Compl0at02 7= NCGSMlne Revlew Checkshest-Database Res 211P28100 RLCEWrD AUG 30 2006 LAND 0.0 1JTY SECTION MINING CHECK``LI5Te FOR ROUTING f^ Applicant's Name: A kt k l (r h o tt� I a l project Name: i C P i f a Applic./Permit No.:_County:` �lT Date Received: Reviewer. River Basin Name: �fdlr� ❑New ❑ Renewal 0 Modification (inside permit boundaries) ❑Modification (outsidep .mitboundaries) ❑Transfer ❑Release ❑ Partial Release additional Information ❑ Fee Needed: $ ❑Fee Received: $ PI a rnljt& entire application package to: , F�� Regional Office (2 complete copier: attach the"LQ5 Regional Office Mining Application Review Checklist" to one copy and attach bah the )WO and DAQ "Mlning Application Review Form"to the other copy: send both copi s to here �n�I.Engineer) Date: Routed SZ� c Reed ❑Division of Water Resources Date: Routed Rec'd ❑NC Wildlife Resources Commission Date: Routed Reed ❑U5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pag of f the applicatlon and any location map�t2 ❑Division of Parks & Recreation Date. Routed Rec'd ❑NC Geologlcal Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other. Date: Routed Redd ""5uspense Date for Comments: - 1 -0(p(no later than 2e days from receipt) ) P ease note the following: V�w, c C s - CAROLINA GEOLOGICAL SERVICES, INC. August 23, 2006 �C'%IVMs. Kristin HicklinAUG 24 2006 NCDENR, Div. Of Land ResourcesLand Quality SectionER ^, 1612 Mail Service Center - - — Raleigh, NC 27699-1612 Subject: Ivanhoe Pit 42, Permit#82-19, American Materials Company, LLC Dear Ms. Hicklin: I am writing in response to your letter of August 2, 2006 to Mr. Gary T. Bizzell, requesting additional information on their application for modification of the above referenced Mining Permit. For clarity, I have responded to each item in the same order of your letter: 1. The new mining area south of the haul road is contiguous with the existing mining area. Since mining at this site is with a hydraulic dredge, all stormwater and groundwater will remain within the mining area. There is no discharge from this site. For clarity, this area has been designated"Mining Area A" on the site plan. The area north and west of the haul road (Mining Area B) will be separated from the existing pit by the haul road, but will be mined in a similar fashion. A perimeter berm will be established around the excavation to keep any runoff within the mining area. This area will also be mined with a hydraulic dredge, so all stormwater and groundwater will remain within the pit. The initial pit excavation will not immediately encounter groundwater, so the initial mining method may utilize a backhoe or loader and truck method. Any stormwater collected within the pit will be periodically discharged through the basin shown on the mine plan. It is important to note that this pit will not dewater groundwater. When groundwater is encountered in this mining area, the hydraulic dredge will be moved to this side of the road and mining will continue in the existing fashion. 2. A 50 foot undisturbed buffer will be maintained adjacent to the wetlands on the west side of the permitted area. An additional 25-foot unexcmwted buffer has been added inside of this buffer. Elsewhere around the mining area, the 50 buffer will consist of 25 foot undisturbed and 25 foot unexcavated. This has been shown on the Mine Map. P.O. Box 429. GARNER, NC 27529 (91 9)779,0017 FAx: (91 9)779-7227 OFFICES AT 1 01 WEST MAIN STREET, GARNER. NC Ms. Hicklin Page 2 3. With the revised buffer described in item #2, the affected acreage has changed. The additional unexcavated buffer along the wetlands buffer reduces the "mining area" by 1.2 acres. The new unexcavated buffer around the "mining area" totals 14.5 acres. This has been added to the chart on the Mine Map, and a new Bond Calculation Worksheet has been enclosed. I trust that this information will assist you in your review of this application. If you have any additional questions, please call me. Sincerel�T^%!r James C. Izzell, Jr., P,PG Carolina Geological Services, Inc. enclosures APPLICATION FOR A MINING PERMIT 'Ba-19 E. DETERMINATION OF AFFECTED ACREAGE AND BONDV6Yl�C. �� #�), The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range Of$500 to S5,000 per affected acre) (or 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 approximale acreaee for each aspect he minine operation that You intend to affect drain Ig• he life o(this mininf Hermit /in addition please insert the appropriate reclamation cast/acre for each category from the Schedule of Reclamation Costs nrovided with_t_hts apphcanon forml OR you can defer to the Department to calculate vour bond for you based upon your maps an standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 0.04 Ac. X $ 500 /Ac. _ $ 20 Stockpiles: _3_ Ac. X $ I800 /Ac. _ $ 5400 Wastepiles: _0_Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 6.5 Ac. X $ I800 /Ac. _ $ 11,700 Mine Excavation: 219.6 Ac. X $ 500 /Ac. _ $ 109,800 Other: Unexcavated Buffer 14.5 Ac. X $ 1800 /Ac. _ $ 26,100 TOTAL AFFECTED AC.: 243.64 Ac. (TOTAL PERMITTED AC.: 257 Ac.) Temporary& Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into Mposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will needed to prevent offsitc sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 243.64 Ac. b) Positive Drainage 0 Ac. X $1,500.00 = $ SUBTOTAL COST: $ 153,020 ✓ Inflation Factor: / 0.02 X SUBTOTAL COST: $ 30,604 X Permit Life (1 to 10 years): 1.5 INFLATION COST: $ 090.60 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 157,610.60 Total Reclamation Bond Cost: S 157,600.00 V/ ,t r,� (round down to the nearest $100.00) 'P( 51s(sC(� .00 Ntd"q TtYr Mob -14- O.K. 9-2LA 5Wl o0o gave m- �i le 44 Aria NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,PG,PE Michael F. Easley,Governor Director and State Geologist August 2, 2006 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 0500 0002 0451 8708 Mr. Gary T. Bizzell American Materials Company, LLC PO Box 88 Clinton, NC 28329 RE: Ivanhoe Pit #2 Permit No. 82-19 Sampson County Cape Fear River Basin Dear Mr. Bizzell: We have reviewed the modification request submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please clarify the methods for erosion and sedimentation control for the initial clearing and mining activities in the modification areas. 2. Please clarify whether the buffers on-site are either unexcavated or undisturbed and prepare a revised mine map to reflect said buffers. 3. The reclamation bond cannot be calculated using the information submitted in the modification application. Upon clarification of item no. 2 above, the reclamation bond may be calculated. Please note that the unexcavated buffers are calculated at $1,800.00/acre for reclamation costs. Please note, the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. . 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 / FAX: 919-715-8801 512 North Salisbury Street, Raleigh,North Carolina 27604 An Equal Opportunity`Affirmative Action Employer-50%Recycled 11o%Post Consumer Paper Certified Mail 0 Mr. Bizzell Page 2 Please be advised that our review cannot be completed until all of the items listed 'above have been fully addressed. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address.- Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, vL Kristin Hicklin Assistant State Mining Specialist Land Quality Section cc: Mr. Doug Jones, PE Mr. James Izzell, PG — Carolina Geological via e-mail at ncgeology@hotmail.com Log In#: DPR/RRS Mining Permit Application Review RRS Contact: Name of project: t:Q'is+ a a e'0 , 4 k.'r'cn Liz, County: o�ca County: �l..t I�ljflYl Proposed activity is is not _within 5 miles of a public park or recreation area. If yes, identify the park: Managertagency name: (contact name): (phone; fax): (e-mail): � y/f�j�pyq Review conducted by: C?�' /�'"""'r Date: ZPuG PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAH.YOUR COMMENTS TO: Ad riennaMcCoim'alncntail.net THANKS! Return form and materials to: Adrienne McCoig DENR/Division of Parks & Recreation 1615 MSC Raleigh, NC 27699-1615 (Please Print on COLOR Paper) i A7iA. NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary John Morris, Director July 21, 2006 MEMORANDUM TO: Brenda Harris RECLUVED Mining Program Secretary Land Quality Section JUL 2 4 2006 FROM: Blake Rouse IwAND QltAt ITY SECTION Ground Water Management Section Division of Water Resources SUBJECT: Mining Permit Modification Request for: American Materials Co. LLC .Ivanhoe Pit#2 'F7X Sampson County Please find attached a copy of the mining permit modification request for the above referenced project. Ivanhoe Pit#2 located in Sampson County appears not to have an unduly adverse effect on ground water supplies. However,future monitoring of adjacent private supply wells may be required if adversely impacted from the dewatering of the surficial aquifer at Ivanhoe Pit#2. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H; Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret,Craven, Duplin, Edgecombe, Greene,Jones, Lenoir, Martin,Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Service Center, Raleigh NC 27699-1611. NorthCarolina ;Vahmally 1611 Mail Service Center, Raleigh, North Carolina 27699-1611 Phone: 919-733-40641 FAX: 919-733-35581 Internet: www.ncwater.org Ir...............................vr.+rw..-...,,.-....*�mn.yu..:a.",»..+.w�sw wcrosa W✓r.Wm4>'. x-. ws«n4:a. 1'^�v-T+c++c.n,+rr.+:ti nc. MINING CHECKLIST FOR ROUTING : �AV LT �t qqr LAC pplicarlVeName:& rlrnLA ojectNameyN tQ. � a Applic./Permit No.. County. S(>h. Date Received: Reviewer. -S L(I "River Basin Name: \ P T 0 New ❑ Renewal 0 Modification (inside permit boundaries) ❑Modification (outside/permitboundarles) ❑Transfer ❑ Release ❑ Partial Release Additional Information 0 Fee Needed: $ ❑ Fee Received: $ Please route enttre application page. to: R� Regional Office (2 complete copies; attach the"LQ5 Regional bhce Mining Application Review Checklist"to one copy and attach bath the DN/Q and OAQ "Mining Application Review Form"to the -her copy; send both copies to the Regional Engineer) ate: Rou —old -0(, Rec'd ❑ Division of Water Resources Date: Routed Reed ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ U5 Fish &Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first.5 pages of the application and any location n manT_ ❑ Division of Parks & Recreation Date: Routed Reed ❑NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Rec'd "'Suelpenye Date for Comments. ns 6(no later than 25 days from receipt) Please note the following: P 4 I rv� r 1 NCDENR North Carolina Department of Environment and Natural Resources Michael F.Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross it., Secretary MEMORANDUM TO: Brenda M. Harris Mining Program Acting Secretary Land Quality Section FROM: Mike Stre RECEIVED DATE: July 14, 2006 JUL 17 22G8 SUBJECT: American Materials Co., LLC LAID QUALITY SECTION Ivanhoe Pit N 2/ Sampson County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. Ms/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Noe Cazolina Phone: 252 726-70211 FAX: 252 727-51271Internet:www.ncciml.nel lllarofi MEW ioppwlenily1mm mA bn uWarer-so%RKYded l 10%pWCm rPerm r NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary July 14, 2006 MEMORANDUM FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit APPLICANT: American Materials Co., LLC PROJ. LOCATION: Ivanhoe Pit # 2 /Sampson County DUE DATE: 7-25-06 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. It you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality Section at (919) 733-4574. REPLY: _ This agency has no objection to the project as proposed. his agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNE le!�A! 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 one Phone: 252 726-7021 1 FAX: 252 727-51271Internet: www.ncdmf.net No Carolina An Emreioppo nnyl AmmiaWaA nEmnlvrsr-so%nagdaat 10%po Cwmw Paper vturRll4/, rt,-9 •Lfdno rVMO2l s7sn dvw 14011.b70(TOM kk '1 J on 17, IV r ` �} I I Ai QU7 t TRANSMISSION VERIFICATION REPORT TIME : 07/17/2006 13:44 NAME : NC DENR DLR FAX : 9197158801 TEL : 3197333833 SER. 0 : xxxxxzzxmx DATE►TIME 07/17 13:43 FAX NO./NAME 97152671 DURATION 00.00:41 PAGE(S) 01 RESULT OK MODE STANDARD United States Department of the Interior i FISH AND WILDLIFE SERVICE Raleigh Field Orrice Post Office Box 33726 °^ Raleigh,North Carolina 27636-3726 July 12, 2006 Mr. James D. Simmons RE f VVGD Director and State Geologist JUL 14 NCDENR-Division of land Resources Z�QQ 1612 Mail Service Center Raleigh, North Carolina 27699-1612 UNo�Uy.lrY,�ECiION Ann: Brenda M. Harris Dear Mr. Simmons: The U.S. Fish and Wildlife Service has reviewed the project advertised in the following mining application. Due to staff and funding constraints, we are unable to adequately address the subject proposal at this time. Therefore,we are taking no action on the following mining permit application. APPLICANT COUNTY NOTICE DATE DUE DATE American Materials LLC Sampson 07-05-06 07-25-06 We appreciate the opportunity to provide comments on the subject proposal. Should you have any questions regarding these comments,please contact Mr. Mark D. Bowers at (919) 8564520, extension 19, or at the above address. WFieldpmisor cc: NMFS, Beaufort,NC EPA, Atlanta, GA WRC, Raleigh,NC NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality S CEIVEI,D James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist July 5, 20 6 t nnp. William G. Ross Jr., Secretary JUG 13 2M MEMORANDUM 9 QUALITY 6 TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris eiiiN RENEN�uan Mining Program Secretary ('pnSON ^i Land Quality Section SUBJECT: Mining Permit Modification for American Materials Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions.. 1bmh Attachments � fit" V16 r-r r/11 re, cc: Mr. Doug Jones ND 68J1?V-JPA A ee(t)tG *q'g' 0 71 i'V1pb 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733.2876 512 North Salisbury Street, Raleigh,North Carolina, 27604 JUL-07-06 FRI 10 :29 AM CeROLINA. GEULOGICHL �97797227 P. 01 Carolina Geological Services , Inc. P.O. Box 429, Garner, NC 27529 Phone (919) 779-0017 Fax (919) 779-7227 FAX TRANSMITTAL To: 41 Stu -4(cKuN From: JArgr-, Date: 7- 7-06 Total Pages: Z (including this page) Notes: COfr rf ''BtzEeN CAnn " . eBIu, Mq.r�. 9zet:Wr F02 �rTrF*u * o rf Caves Matz. - /JlalJlFic+t�ioy Fen fir.Waeo ✓ (4r 'cs lWev*6o Pir If you do not receive this document in satisfactory condition, please cell our office. JUL-87-06 FRI 10:29 AM CAROLINR. GEOLOGICAL 9 97797227 P. 02 . complete Remo f.2,"a.Also amOlets As Ram 4It gaetrlOteJ GeRva74 Will. ❑ACOnt IN P401 your creme and etlM9Re on the npw X l 0 Atlbesn ee that we Can teem the ertb w you: l a. aacmv rPmmtl a G w_n, 7 ■ Attach NO cent to the lxm R Of the MROlx9, ra NelrmM Nepce pnMb./ f. HNcb Atldnnetl b: / etl ban NM1vm Xam ti ❑M j II VFB,anmrmaeKryetltlm.s aJmv ❑w 5c�—z SAuea i SAMPSON COVriNTy MPNAU0. (�0 Ox�Z.57 a, ebgp lips CL i N?o'N , Nc 783zq 13�Rutl1Rm n6�meMeR ❑()mt m ONNVmaxJpl br MmMa tllie O Inswsd MOD 0 CA.g. 4. RemOW Daemm foam rats 0 M x nnlem fomaw 7004 1350 0003 2670 0527 - rRemMRwmn,.AwmeW-.. PSFem18811,Augag2Og1 gmmlb8elum aseiln mxeesoNwfess M1 R CIAL N � t N hemp 4 o amens ee $2.40 ON11 ' aan.ap ace px canes a I M amimaw�w,:� ^i uM rosmaea Ams b .S't �ueRP.dVab. ,l o SeOTT SAVETt dannsR.t CO JMart. M1 Mc:.'i.tixn;T......._...._.__.........._..._.....___......_.._..._... wheepw �D 'Rql 257 bys:&her-------...."""-------......-----....._..............." C 6INTON NC 2832q NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. Name of Mine Ivanhoe Pit #2. Permit#82-19 County Sampson River Basin Cape Fear Latitude(dd.mm.ss) 34.6024 Longitude (dd.mm.ss) -78.2854 2. Name of Applicant* American Materials Company, LLC 3. Permanent address for receipt of official mail** PO Box 88. Clinton. NC 28329 Telephone 910-592-2176 4. Mine Office Address Telephone 5. Mine Manager We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will he cause for permit revocation. ***Sign aA� 7f Date f" Print y Title KCC . �.ce h4s;dlm * 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 Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a com lee 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. -1- JUR-22-2006(THU) OT: 12 5 d V Ready Rix Concrete Co. (FRs)9105921634 P. 0021002 • • o�9l,a► APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right ol'aohy and travel upon our loads or operation during regular business hours for the purpose of makin necessary field inspections or investigmions as may be reasonably required in the administration of the Mining Act of 1971. We further gram 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 trelamation which the operator has failed to complete in the event a bond ror[itittuc is ordered purnmat to G.S. 74-59. LANDOR'NyR:I (T APPLICANT: �QcK {��Ifr �ar...S LLC v Sigmmm: C sntQ MP6�Sig tc:* q� Prim N J0. ame: 'N (>te1 (Z OUor-tw Name: cry Q^zz� //� Address: �03� 'fide eC V1�C // X-et7ott— 4O."-AS VV,, Mq(AL(. Company: Arvw.rLco. Mrikyi I�"t LAC Telephone: Cj Mine Name: _ vnnhoe Mine •Signatwe must be the same as the individual who signed Page 1 of this application. Six(6) conics of the completed application,six(6) romiee of all Inro[ioa IDaRs, mine mnaa end redavention ma and ro rite ro 1 fee(see pert page nr ce. edmle) c arm a c eck or money comer payab a to the a oro a attment of Envirnnmea[and Natuni Ra•ourees must be sent to the lad ODuality Seetinn 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)7334574. -18- RECEIVE? .. .!. I p .. MINING pC��HECKnnLI��S(( T FOR ROUTING Applicant's Name:&Vl( n M ln aLirt S (_0 `P4ok�ct Namejydykkoe- A #.Z Sa-19 �W1�SOY� ApplicPe drmit No: _II II County: T Date Received: b Reviewer. �v I s� H i c ILI i^ River Basin Name: l d Llt 1 Par ❑ New ❑Renewal ❑ Modification (inside permit boundaries) &Oclification (outside permit boundaries) ❑Transfer ❑Release OPartial Release ❑Additional Information ❑Fee Needed: $ Fee Received: lim% 00 PI a e rou > entira appli .a .ion package Rn Regional Office (2 complete copiesMKWd Region Office Mining Application Review Checklist"to one copy and attaWOnd AQ "Mining Application Review Form"to the other copy; send bath cn I Inter) t„ wl'"e Date: RoutedD visionof Water esources Date: Routed'9NC Wildlife Resources Commission Date: Routed16.U5 Fish &Wildlife Service Date: Routedd (Only new applications and modification requests that add land to the permit) Please route first 3 pager, of the ap,pfication and any lor.4ti.OP M14Mto, Division of Parks & Recreation Date: Routed '7 3 R' "ti'd NC Geological Survey 5ection Date: Routed Red (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed e'd (Only, new applications) Other. NAar; `�s1 w es Date: Routed ' L to Rec'd '"Suspense Date for Comments:rl'a-s( (no later than 25 days from receipt) \V1Pllea" note the follomne: p 7A_ NCDENR _ North Carolina Department of Environment and Natural Resources _.Division of Land-Resources Land Quality Section James D. Simons,P.G., P.E. Michael R Easley, Govemor Director and State Geologist July 5, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris Mining Program Secretary Land Quality Section .SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicldin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 NCDENR North Carolina Department of Environment and Natural Resources Division-of Land-Resources -- -- _ Land Quality Section James D. Simons,RG., P.E. Michael F, Easley, Governor Director and State Geologist William G. Ross Jr.,Secretary July 5, 2006 MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator -Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 NCDENR North Carolina Department of Environment and Natural Resources - Division.of Land Resources - Land Quality Section James D. Simons, P.G., P.E. Jul � 2006 Michael F. Easley, Governor Director and State Geologist y , William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harrisdti� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina,27604 A,�� _ NCQENR North Carolina Department of Environment and Natural Resources - Division-of Land-Resources- Land Quality Section James 0. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist July 5, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks arA Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT; Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosions and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS To THIS o_ PEKE• Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 AWWWA NCQENR North Carolina Department of Environment and Natural Resources - - Division of Land-Resources- Land Quality Section James D. Simons,P.G., P.E. July 5 2006 Michael F. Easley, Governor , Director and State Geologist William G. Ross Jr., Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri<&�K� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit#2 Sampson County ® Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 25 , 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. Ibmh - - Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 . 919-733-45741 FAX: 919-733-2876 512!North Salisbury Street,Raleigh, North Carolina,27604 NGDENR North Carolina Department of Environment and Natural Resources - Division-of Land-Resources- Land Quality Section James D. Simons,P.G., P.E. Michael F. Easley, Govemor Director and State Geologist July 5, 2006 William G. Ross Jr., Secretary MEMORANDUM TO: Dr. Steve Everhart Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Modification for American Materials Co. LLC Ivanhoe Pit#2 Sampson County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater.fisheries (G.S. 74-51 (2)). Please respond by July 25, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. fbmh Attachments cc: Mr. Doug Jones 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina, 27604 NCGS Mine Permit Application Review Checksheet r' Appb lD --VR Los Complete The Section A PagM1JWMIne Pene6AM]Imtten Mine Name D oe Company Name -vwr. —T t Dam Dus LQS /ems I _ -0� PemN Type: �— -CC� �+� I`�`I � MOAfl®tlon•Trenabr. NCGS Complete Tale 9eglon Commodity Geochemostry Hazardous aunty Minems 7.5'Quad Subsidence Let(DecDeg) -- Long(DecDeg) �— Sldpe Stability ologie Map Unit -' Map Unil Seismic Haldld .. Hydwgaplogy Other Geologic Map Unit Mineral RaeWRes IJmology Flood Plain Depoalw Comments cemmeaLe (� (c and) Now: Small hazanl velum Is 6w peek hmt2onal attetewtlGn with a 10%themes of esree6encia In 50 yeah. Reformats wlue ie flan beNxk,acNal ske mlelgorre testy wry. Source-NetlonalSNamlc-MassM Mope Documental June 1996. U.S.Ckologiral Survey Open•Mle Repod 9&532(hmpJlgldmapa 01.a n gs.govlseishaz/pgammail). Remrd No 3000 Reviewed Compcateel I — Reviewer2 ComP®ate2 1 — NCGS Mina Retlew DhecksheetZM abilm Rev.2 11129190 American Materials Company, L� VENDOR: NCDENR-L CHECK: W13887 OAT- 6122/20% RRMUTO: NCDENR COMMENT: Ivanhoe Mine 62212006 0000012808 Maior Modification 2006-Ivanhoe M 50000 0-00 500.00 3 G 8 tl NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION RHCI;IyED APPLICATION FOR A MINING PERMIT JUN 3 0 2006 (PLEASE PRINT OR TYPE) LANp pUALITySECTION I. Name of Mine Ivanhoe Pit#2. Permit#82-19 County Sampson River Basin Cave Fear Latitude (dd.mm.ss) 34.6024 Longitude (dd.nun.ss) -78.2854 2. Name of Applicant* American Materials Comoanv. LLC 3. Permanent address for receipt of official mail"* PO Box 88, Clinton, NC 28329 Telephone 910-592-2176 4. Mine Office Address Telephone 5. Mine Manager We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. , ***Signs a / Date 00 ` Print a �ia �v I i Title K" - * This will be the name that the mining permit will be issued to and the name that must be indicatcd on the reclamation bond (securiri)that corresponds to this site. The Land Quality Section must be notified of any changes in the permanent address or telephone number. *"* Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a pemrit within 60 days of receipt of a complete a lication or, if a public hearing is held, within.30 days following the hearing and the filing of any supplemental in 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. _1_ A .. , ' �� APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: 82-19 Total permitted acreage: 83 Does the modification involve acreage within the previously approved permitted boundary? Yes_No X . If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes X No . If yes, indicate the additional acreage to be covered by this modification: 174 (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yes X No (if no, a "minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). 1f yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon):_ 143.7 d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: sand 3. Mining method: Hydraulic Dredge X Front-end Loader& Truck X Shovel&Truck X Dragline & Truck X Self-loading Scraper Other (explain) -2- i • APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine (feet) 30 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural }round level b. Expected average depth of mine (feet) 25 5. Has any area(s) at this site been mined in the past? Yes X No If yes, when and by whom was this activity conducted?_ Existing_permit #82-19 6. Number of years for which the permit is requested (10 years maximum): for remainder of permit life 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: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and rcIerence the sequence to the mine map(s). Attach additional sheets as needed. This is a request to add acreage to an existing permitted mining operation. The new areas will be mined as part of the ongoing operations. 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 crass-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. The existing mining pit currently serves as the primary sediment and erosion control feature at this site. The mining method is by hydraulic dredge, and all stormwater and groundwater is contained within the pit and there is no discharge.The new mining area will be mined in the same method. However,there is a possibility that as mining proceeds into the northermost parts of the pit, some stormwater and groundwater will be to be pumped from the pit until the pit is developed for the hydraulic dredge. Therefore, a basin is shown on the mine plan to remove any sediment from any water that may be pumped from the mining area. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes X No If yes, briefly describe all such processes including any chemicals to be used. The existing wash plant utilizes recycled pit water. No chemicals are used in this process. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes X No . If yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method Qfstabilization) on your mine map(s). At this time, it is expected that there will be no discharge. However, as the mine develops in the northern portion of the pit, there is a possibility that some stormwater or groundwater will need to be discharged. A basin will be constructed for this prupose. -b- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . if yes, do you intend to dewater the excavation(s)? Yes X No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: < 12,000 - _ . Locate all existing wells on the mine maps) that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. This mine is in a very remote location and there are no wells within 500 feet of the excavation. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.) from the Division of Water Quality, Water Quality Section. In addition, the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 100,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. If it becomes necessary to discharge water, a General NPDES Stormwater will be obtained from the Water Quality Section, NCDENR 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X I 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? Periodic spray with water as necessary. -7- APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- i 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). A 50 foot minimum undisturbed and unexcavated buffer will be maintained between any permit boundary and any land disturbance. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions, a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A large Carolina Bay (Dismal Bay) forms much of the western boundary of this site. It is assumed that this area is a wetland,and therefore a minimum 50 foot undisturbed and unexcavated buffer will be maintained between this area and any land disturbance. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining, Minimum 2 horizontal to l vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required, unless technical justification can be provided to allow steeper slopes. A minimum 3:1 slope will be maintained on all final excavations above the water level. Any areas below water will be sloped at the angle of repose. -8- APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine map(s)for all fill slopes(berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches andlor slope drains (with supporting design information) if needed, and the method of final stabilization. There are no wastepiles in this operations 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). Final slopes of 3:1 will be maintained above water level. 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, 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. This is a very remote operation. There are no such structures or roads within 300 feet of the excavation. S. 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). The remote location as well as buffers will prevent inadvertent access. -9- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X I-low will acid water pollution from the excavation, stockpiles and waste areas be controlled? 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 maps) and provide cross-sections through all proposed berms or proposed spacing, sizes and species far tree plantings. This operation is in a very remote location and is not visible from any public road. 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? NIA IL. Will explosives be used? Yes No X If yes, specify the types of explosives) 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. 12. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes X 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). Adequate secondary containment will prevent any release. _10- APPLICATION FOR A MINING PERMIT 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 they reclamation plan and the locations) of all permanent channels must be indicated on the reclamation map. As required in current mining permit. The pit will be left as a lake. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes X No . if yes, specify species. Bass, bluegill, catfish or as per recommendation From qualified wildlife biologist, 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. NIA _fix_ f . APPLICATION FOR A MINING PERMIT 4. Indicate the method(s) of reclamation of overburden, refuse, spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. There are no waste areas in this mine plan S. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. As required in current mining permit b. Will any on-site roadways be left as part of the reclamation? Yes X No ffyes, identify such roadways on the reclamation map andprovide details on permanent ditch line stabilization. C. 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 Venerated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DWM) or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s) and reclamation map, along with a list of items to be disposed in said areas. Any such material will be collected and hauled off site. -12- APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for ear-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 permanent revegetation and, if necessary, temporary revegetation, Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control PIanning and Design Manual; g. N.C. Surface Mining Manual. A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: AS REQUIRED IN EXISTING PERMIT MULCH -TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre, trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND UWWJ WWWYYYJJJCCC... The following bond calculation ivorksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre) (or each permitted mine site based upon the acreage approved by the Deportment to be affected during the Life of the mining permit. Please insert the anproximote acreage for each aspect ofthe mining operation that you intend to affect durm the life of this mininz nermh fin addition please insert the anprop'ime reclamation cost/acre for each cafe rory from the Schedule or Reclamation Casts provided with this annhcan farm) OR you can defer to the Department to calculate vour bond for you based upon vour mans and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST TailingstSediment Ponds: 0.04 Ac. X $ 500 /Ac. _ $ 20 Stockpiles: _3_Ac. X $ 1800 /Ac. _ $ 5400 Wastepiles: ---0_Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 6.5 Ac. X $ 1800 /Ac. _ $ 11.700 Mine Excavation: 220.8 Ac. X $ 500 /Ac. _ $ 110 400 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 230.34 Ac. (TOTAL PERMITTED AC.: 257 Ac.) Lemnorary & 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 230.34 Ac. b) Positive Drainage 0 Ac. X $11500.00 — $ SUBTOTAL COST: $ 127.520 Inflation Factor: 0.02 X SUBTOTAL COST: $ 2,550.40 X Permit Life (Ito 10 years): 1.5 INFLATION COST: $ 3,825.60 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 131.345.60 Total Reclamation Bond Cost: $ 131,300.00 (round down to the nearest$100.00) -14- NOTICE Pursuant to provisions G.S. 74-50(b1) of The Mining Act of 1971, Notice is hereby given that American Materials Company, LLC has applied on_ June 30, 2006 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612, for (check one): (a) a new surface mining permit ❑ (b) a modification of an existing surface mining permit to add land to the permitted area❑ The applicant proposes to mine sand on 257 acres located 2 (Mineral, Ore) (Number) (Miles) East of Ivanhoe, NC off/near road SR 1105 (Direction) (Nearest Town) (Number/Name) in _ Sampson 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 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 are 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 aetivitV, please contact the applicant at the following telephone number: 910-592-2176 For information on the mining permit application review process, please contact the Mining Program staff at 733-4574. Please note that the De artment will consider an 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_npiication. Scott Sauer, Sampson County Manager American Materials Company, LLC PO Box 257, Clinton,NC 28329 Gary T. Bizzell, Vice Pres. (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Name, if Applicable) June 30, 2006 PO Box 88, Clinton, NC 28329 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 10 James Izzell. Jr. , an applicant, or an agent, or employee of an applicant, for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources, being first duly swom, 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, 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) (Na new adioinioe arooerlr owners[or this modifcation) (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, to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] Scott Sauer, Sampson County Manager PO Box 257. Clinton.NC 28329 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 reeo� of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). i understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request.Cn - l0 —062 Signature of Appk nt or Agent Date if person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) AtAyztc4r4 Mk-%Uniy'.S Cor<^cq LLC (title of person executing Affidavit) l C 1�:F t Act ..p � a Notary Public of the County of la YW n 5'IOYm , state of North Carolina, do hereby certify that �0.YVmm s 1 7z? [[ r appeared before me this day and under oath acknowledged that the a ove Affidav t was made by him/her. Witness m//y hand and notarial seal, this 30 day of 20 Dom. Notary: -!Yt• A • MA My Commission expires: ` 3 '- `eLO0 g M.S. 61Ok14M NOONCOUM -17- JOMt3TON000MI:RC, JUN.22-2006(ra U) 07: 12 5 3 r Reedu Xis Concrete (o. (FAX)9105921534 P. 00EI002 APPLICATION FOR A,MINING PERMIT G. LAND ENTRY AGREEMENT O We hereby start to the Department or its appointed representatives the right of entry and travel tpon our Inds or operation duringg regular business hours for the purpose of tttulring neeeasary field inspections or Investigations as may be r eavow y required in the administration of the Mining Act of 1971. We further grant to the Depamn tat 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 our mclamation which the operator has failed to complete in the evem i bond (orMair:is ordered pursuant to O.S. 74-59. LANDOWN, I�R� LLC APPLICANT: ��qq KrV er � �,,}�y� Signaturc: p .0 aatQ 01051'Sig rc:" /f Prim Name: J 0.MP♦' C Vl�oro Y'-e.. Prin Nwne; / ,,// Address: 1J°•'F 7'idet P.0 • V,%cto J-NC.4 Company Amrrica. fY 4Crin(S &,Kqj� LLC 7'elephona: �, �0 S3� 1-Ila-°� Mine Name: ZVOohoe 11Y11rle 'Signature must be the same as the individual who signed Page 1 of this application. Six f6T conics of the completed application.six f61 cons s of alI location ma�mine mate and reclamation ma . an 1 me m rote ec(see nex page or re. ufe) the farm n coast or money order pays a to tilt o Carolina partmeut of Environment and Natural Rcmurces must be sent to the,&a Quality Section Central Office at the addrsa listed on the font 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)733.4574. -iB- IN North Carolina • • e Depanment of Environment and Natural Resources © YF •I Michael F. Easley, Governor William G G. Ross Jr., Secretary NCDENR Charles H. Gardner, P.G., P.& Director and State Geologist Division of Land Resources April 26, 2001 Mr. Gary T. Bizzell American Materials Company, LLC P.O. Box 88 Clinton, North Carolina 28329 RE: Mining Permit No. 82-19 Ivanhoe Pit No. 2 Sampson County Cape Fear River Basin Dear Mr. Bizzell: Your request to have the above referenced mining permit, issued to CCC Sand and Gravel, Inc., transferred in its entirety to your company has been approved. As we have received the required surety in an amount sufficient to cover the present operation, I am enclosing the transferred mining permit. The permit number, expiration date and mine name shall remain the same as before the transfer. Please review the permit carefully and notify this office of any objections or questions you may have concerning, the terms of the permit. It is your responsibility to fully understand and comply with the conditions of your mining permit. As a reminder, your permitted acreage and affected acreage for this site are both 83.1 acres, as indicated in the transfer application and on the mine map last revised June 1999. Again, if you should have any questions on this matter please contact me at (919) 733- 4574. Sincerely, acT7 y E. Plavis, PM. State Mining Specialist Land Quality Section TEDaw Enclosures CC' Mr. Toby Vinson, P.E. Mr. Bradley Bennett-DWO, wlenclosures Ms. Monika Sharma-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Land Quality Section (919)733.4574 Fox(919)733-2876 Geological Survey Section(919)733-2423 Fax(919) 733A900 161? Mail Service Ccnter, Raleigh, Nonh Carolina 27699-1612 // Division of Land Resources (919) 733-3833 Fax: (919) 715-8801 RL / AN 80UAL oPPOKfUNITY\AFFIR.NATIVE AC HEN EMPLOYER->M%,RECYCLED r IM'.POSTCONSUMER PAPER DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, 'The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: American Materials Company, LLC Ivanhoe Pit No. 2 Sampson County - Permit No. 82-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: Janua 7,_2008 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Madif otions This permit has been modified to increase the permitted and affected area to 83.1 acres as indicated on the mine map last revised June 1999. Aprii26, 20010 This permit has been transferred in its entirety from CCC Sand and Gravel, Inc. to American Materials Company, LLC. EXoiration Date This permit shall be effective from the date of its issuance until January 7, 2008. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING QQbIDITIQNS- 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. • • Page 3 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 Section, Division of Water Quality, to secure any necessary stor mwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. Dunng mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any effected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations, including the plant/stockpile area, shall be diverted internal to said excavations. C. All access/haul roads within the mining permit boundaries shall be located between the mine excavation and the minimum ! I foot wide undisturbed buffer zones (roads shall not be located within the buffer zones). D. ) The perimeter berth shall be constructed as indicated in the Sediment and Erosion Control Narrative on the Site Plan dated November 7, 1997, Said berm shall be stabilized with a permanent ground cover and shall be located between the �� undisturbed buffer zone and the excavation (not within the buffer zone). E. / All mining activities shall be conducted as indicated on the mine map last revised �tJ June 1999, QAll mining permit boundaries (83.1 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area upjess authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained 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. • • Page 5 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $56,200.00 Irrevocable Standby Letter of Credit is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, 'The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMAIIQbl,PAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standard§ As o74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECI-AMATIQN CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. Page 7 D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10.A. through D. QE. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reyeaetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following.- Permanent 5eecling -Sp!acificatigns Q Species Rate. Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 5gii Amodmenta Lime- 2000 lbslacre or follow recommendations from a soil test. Fertilizer- 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. 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. Se_G1amatign Ptah: 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. This permit, issued to CCC Sand and Gravel, Inc. January 7, 1998 and modified August 6, 1999, is hereby transferred in its entirety to American Materials Company, LLC this 26th day of April pursuant to G.S. 74-51. By: Charles H. G finer, Dir ctor Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources I LAND � DFPJR OJALITY SECTICN T 0 f- a L 0 Q v cr ¢ L CS ototr) N o d s—_ sz— o i d U o r— o sz- o U cs� 7 Q Q) ' F 7 N E V7I r M e i r £ V � O r W 1 7 Y O � /' � .� p li f / / r on � �Q W �[, Ao 1 C o w O.(� p U �2 C ' ' o • . 't G CIS C ro .". o A 72 b h N 'fl t1 U 'b •� � � ll r / E E/ c ❑ P ti / ILI r/ 13 to _0 'Iwl� SNINIW co— N jk- p - - - - - - - Ub+oz1 'nyN 7NI silo- - - - - - - - - - - - - - - - - - -- - - - - - -- '/ 1/1 �� 3 To 1� -o r .aa�:a��`aa��a��a��aaaa��aaa�_a��aaaa�c�ea+:aaaaa �' � � �•X cc c•G 'r .a 1 �40' 11 - --_--- 111) 0 IS 6 0 o u m 3 = m s a o o02 + c 42\ Ei u m 3 3 n o 4aaaaaaaa ' O s `� 3 o Q 4 0 3 2 Q o z ti L i m o L 41 2 R , v s W Z O At +4 0 c Q 3 i> � _ aoi v m 75 s4� N 6n 4� M M S�L- E DC cv In Q 3 e I O S � / 00 0 00 co 000 LL lz u of / o au11 Raaadoad &1lepunoq �ivaaad L 0 M4 a� R L o� 6 (13 LL 4- 0 0 0 L Monday,April 23,2001 ANSWER Page 1 Permd No. Mine Neme Owner Status Bond Amount Bond T 79-15 ROCKINGHAM SAND CO MINE CCC SAND AND GRAVEL INC A 1 8,800.00 B01 82-19 IVANHOE PIT q2 CCC SAND&GRAVEL INC A 58,200.00 801 If Department of Environment and Natural Resources iWchael F. Easley, Governor William G. Ross Jr., Secretary Charles H. Gardner,P.G. P.E. NCDENR Director and State Geologist Division of Land Resources March 29, 2001 CgLtified Mail Return Receipt ReMested Mr. Gary T. Bizzell American Materials Company, LLC P.O. Box 88 Clinton, North Carolina 28329 Re'. Ivanhoe Pit No. 2 Mining Permit No. 82-11 Sampson County Cape Fear River Basin. Dear Mr, Bizzell: The review has been completed on the transfer request your company submitted for the above referenced mine site. However, the following is needed to continue processing your application: The reclamation bond was calculated for this site using the information submitted on the Mine Map received by the Land Quality Section on February 27, 2000. The reclamation bond for this site has been calculated to be $56,200.00, The calculation worksheet is enclosed for your review and the bond will be required prior to approval of this transfer. For your convenience, I have enclosed a bond form, an assignment'of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., American Materials Company, LLC. In addition to one of these alternatives,. you may, upon request, substitute a cash deposit. Please be advised that the modification transfer request cannot be completed until the new bond amount has been received. Land Quality Section(919)733-157# Fax(919)733-2876 Geological Survey Section(919)733-2423 Fax(919)733-0900 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 Division of Land Resources (919) 733-3333 Fax: (919) 713-3$01 AN EQUAL OPPORTUNITY\ AFFERNIATIVE ACTION EMPLOYER-5ff RECY(-LED/ 1c)% POST CON5LIMEr PAPER CERTIFIED MAIL Mr. Bizzell Page Two As required by G.S. 7451 (h), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. In order to complete the processing of your transfer request, please forward the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699-1612 Please contact me at (919) 7334574 if you have any questions. Sincerely, Judith A. Wenner Assistant State Mining Specialist Land Quality Section Enclosures CERTIFIED MAIL RECEIPTU.S. Postal Service cc: Mc Toby Vinson, P.E. � L- S � LMIIeO Fn O PoeMxY R ,'Wo- Mwl RpulnG �~ C] RtlVI[40 Mlivery FN {� I{MdtlmMIRNWW hYIVwbPiisH $ O M ISnn IFYMw Rvp LwM9MCimnMM�N'^IiM m 0 ry diti, I /. DETERMINATION CATION FOR A MINING PERMIT Pt/AU44.QIN ' OF AFFECTED ACREAGE AND BOND following bond calculation worlsheet is to be used to establish an appropriate bond (based upon a rangge $500 to $3,000 per affected acre)for each permitted mine site based upon the acreage approved by the anmem to be affected during the life of the mining permit. Please insert the Opproximare arreane.hasnerrof temn. that ynu intend to q(jert during the ( e of thisminingpermitlifdition please insert the appppriat r rla anon Nest/art for each categQ0 from the Schedule pf Rv 'amasion Costs provided anrn this apulicatiad form) OR you can defor to the Department to calculate vnur bond for you ba based upon Xo r maps and standarreclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE' COST Tailings/Sediment Ponds: Ac. X $ /Ac. = $ Stockpiles: Ac. X $ /41000-' /Ac. = $ 61166 '`� Wastepiles: Ac. X $ /Ac. = $ Processing Area/Haul Roads: _.3 Ac. X $ ZAQO°d/Ac. = $ 560 a0 a° Mine Excavation: f77. 1 Ac. X $ 6Wc'o /Ac. = $ _ Other: Ac. X $ /Ac. = $ TOTAL AFFECTED AC.: R3. 1t At. ( TOTAL PERMITTED AC.: A3 . 1 Ac.) T m - ry G Permanent Sed' n t'on & E 'o Cn t nl 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 Ube needed to prevent offsite sedimentation and sedimentation to offsite watercourses and wetlands. a) Internal Drainage il _ Ac. b) Positive Drainage I) Ac. X $1,500.00 = $ n SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COST:. $ Y9. a5la0 X Permit Life (1 to 10 years): 7 INFLATION COST: °D TOTAL COST = SUBTOTAL COST + INFLATION COST = $ of Total Reclamation Bond Cost: S h4, Roo0`t (rormd down to the nearest $100 . 00) -14 - Ba-)H /. DETERMINATION CATION FOR A MINING PERMIT R 4W-a Q9 OF AFFECTED ACREAGE AND BOND following bond calculation worksheet is to be used to establish an appropriate bond (based upon a range 3500 to .55, Iper affected acre)for each permitted mine site based upon the acreage approved by the panmem to be affea during the life of the mining permit.h a5per[ of the mining apermian. thnr you intend to affect during the p this mining permit !in tidjunn f Reciatt='On Costs provided with thig appiication form) OR yQu can dg:(gr to the QPp6artment m 0101me vn_r band for vnu based upon your mans and standard reclamation arts: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE• COST Tailings/Sediment Ponds: Ac. X $ /Ac. = $ Stockpiles: Ac. X $ /9OO W /Ac. = $ HYOO''u Wastepiles: Ac. X $ /Ac. = $ Processing Area/Haul Roads: _3 Ac. X $ ( OO°O/Ac. = $ LIY Off) eu Mine Excavation: - r77. 1 Ac. X $ JLb". /Ac. = as Other: Ac. X $ /Ac. = $ TOTAL AFFECTED AC.: R3• ll Ac. ( TOTAL PERMITTED AC.: 3 . 1 Ac.) Tem.¢oraa & Pew d Permanent S ens 'on ros'on Control M c t s- 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 offske sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage ?3 ,1 Ac. b) Positive Drainage Ac. X $1,500.00 = $ r7 SUBTOTAL COST: $ Inflation Factor 0.02 X SUBTOTAL COST:. $ 32"0 X Permit Life (1 to 10 years): INFLATION COST: $ (i U0 TOTAL COST = SUBTOTAL COST + INFLATION COST Total Reclamation Bond Coat: $ h/or'dU0°'t (round down to the nearest $100 . 00) -14- Thursday,March 29,2001 ANSWER Page 1 Perini[No. Mine Name Owner Stausl Bonded Acreage Bond Amount 26-33 WADE MINE AMERICAN MATERIALS COMPAI A 125.86 93,600.00 2642 CLARK MINE AMERICAN MATERIALS CO LLC A 100.80 840600.00 7454 BUCK MINE AMERICAN MATERIALS COMPAI A 184.98 90,300.00 • [F-wd:American Muteriuls/CCC Sand&Gravel T*1 Subject: [Fwd: American Materials/CCC Sand & Gravel Transfer] Date: Mon, 19 Mar 2001 13:27:14 -0500 From: t vinson <toby.vinson@ncmail.net> Organization: NC Dept. of Environment and Natural Resources To: Chris Hite <Chris.Hite a ncmail.net>, Judy Wehner<Judy.Wehner@ncmail.net> > We see no problems with the requested transfer of mining permit # 82-19 > from CCC Sand & Gravel to American Materials other than their request to > extend the time 10 more years. > Toby & Kenny ............................................................................................................................................................................................................................................ Subject: American Materials/CCC Sand & Gravel Transfer Date: Mon, 19 Mar 2001 10:26:55 -0500 From: Kenny McMillan <Kenny.McMillan@ncmail.net> Organization: NC Dept. of Environment and Natural Resources To: Toby Vinson <Toby.Vinson a ncmail.net> Toby, Z see no problems with the requested transfer of mining permit # -82-19 from CCC Sand & Gravel to American Materials. Kenny ...................................1............. ............--....... # Toby Vinson <Toby.Vinson a,ncmail.net> lot'] 3/19101 1:35 PM MINING CHECKLIST FOR ROUTING �CC Sh hc/ l- �l�RnaX Applicant's Name: 0AVA iCA IM dS Project Name: AyokA 6 Pr- F Applic./Permit No.: �LI County: 5ram &A _ Date Received: 01 di Reviewer. 1 River Basin Name: D New ❑Renewal ❑Modification (inside permit boundaries) ❑Modification (outside permit boundaries) &Tramrfer ❑Release ❑Partial Release ❑ Additional Information ❑ Fee Needed: $ ❑Fee Received: $ SO o O PI a5�r/ routeentire an li .a ion page to: 20—. Y/AU+i}�1¢�Ge Regional Office (2 complete copies; attach the "LQ5 Regional Regional Mining Application Review Checklist" to one copy and attach bbath the DWQ and DAQ "Mining Application Review Form"to the other copy; send both.copies to the Regional Engineer) Date: RouteA- Rec'd 0 Division of Water Resources Date: Routed `$ Rec'd 0 NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Redd ❑NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) OOther. Date: Routed Rec'd **5uopense Date for Comments: _ (no later than 25 days from receipt) ease note the following: Dept.of Env. Real th&Nalurel Resources LY 12001 Mining Perma Transfer 50.00 Cash in Barak Transfer Mining Permit-Ivanhoe Mine - ' 50.00 FEB 2 7 2001 01;k LAND QUALIFY $� TiON NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section P . O . Box 27687 Raleigh , North Carolina 27611-7687 ( 919) 733-4574 Revised 11198 � 4 .4merican aterialse®mpany, LLCI P.O. aox 88 Clinton,NC 28329 • 910-592-2176 • Fax 910.593-16N February 5, 2001 State of North Carolina Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Attn: Judy Weyner Dear Ms. Wehner, I would like to request permission to transfer existing Mining Permit# 82-19, known as Ivanhoe Pit#2, located in Sampson County, owned and operated as CCC Sand &Gravel, Inc. to ownership of American Materials Company, LLC. We are aware of the Mining Act of 1971 and accept any and all liabilities and responsibilities so stated. We are including with this letter our Permit Application and $50.00 processing fee for your approval. Sincerely yours, '.1 r 8' Gary T. Bizzell CCC SAND AND GRAVEL, INC. CONCRETE SAND.MORTAR SAND,FILL DIRT,DRIVEWAY MATERIALS POST OFFICE BOX 22W Bt RUNGTON,NORTH CAROLINA=16-2260 TII.FPHONE 336-22&1 I81 FACS20=336.226-3969 ftbruary 23, 2001 NC DENR Division of Land Resources P.O. Box 27687 Raleigh, NC 27611-7687 RE. Permit No. 82-19 Ivanhoe Pit# 2 Sampson County Dear Sir: Our lvanhoc sand dredging operation has been sold to A=rican Materials Co. This tramactioa took place on November 27, 2000. We therefore request that the above referenced permit be transferred . to American Materials Co. Please advise if there are any questions concerning this matter. I can be reached at.336-226-t 181. Sincerely, 11- J• .off T.E. Cbarrdler President 9 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine v n r'L ;4 *72-19 County_ J '?.s-.n1 2. Name of Applicant* Amer-'eA 3. Permanent address for receipt of official mail** by g G1,�►+�� y. tj. C . Telephone.(q/O) SS,� _� G Cegf, -2 4. Mine Office Address Grre^ E6rfn 14"e- vfth e At . 21f 44 Telephone . C91. 5,32-„400 5. Mine Manager . , orAte VAJA-ke-r We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause to revoke the permit. ***Signatu Date r 5-0 O Print Name_ CAfni_ i zzcf I Title EKec• 0 'at- Prrs;de + * This will be the name that the mining permit will be issued to and the namc that must be indirated-Qu-tim =Jarnatinn bond l,securitvl that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a s2mpj= 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. i APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to 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 Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit (this is the acreage that the "new permit' fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit, indicate the minim permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a minim permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Min�nu Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No . If yes, indicate the acreage to be covered by this modification (this rs the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes_ No—. If yes, indicate the additional acreage to he covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected(disturbed, ground cover removed) by the mining operation? Yes_No (if no, a "minor modification" fee of $SO.CO is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: VP - 1 Total permitted acreage: 93. 1 ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine site: LONGITUDE (dd-mm-ss): 78 Quadrangle: Rewa.. LATITUDE (dd-iron-ss): &L,— 3 t — t o River Basin: Cite o* 3. Name of all materials mined: 5AM& -2- t��a� APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge ✓ Front-end Loader & Truck CShovel & Truck Dragline & Truck Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) 3.5' Reference elevation: 70 b. Expected average depth of mine (feet) .3 ,o_ 6. Has any area(s) at this site been mined in the past? Yes/No If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: 81 acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? c. Acreage of previously affected land at present site that has been reclaimed: 0 acres (identify all areas on your mine map(s)). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes Now . If yes, how much? _ acres (identify all areas on your mine map(s)). 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture nacres Forestry _,Zj acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry 3- acres Fish/Wildlife nacres Recreation acres Other acres (Specify'use: 9. Number of years for which the permit is requested (10 years maximum): f B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of malting necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971. 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 " o Print Name: (f 12 Print Name: i aA v T �:z i t// /� .cam � D Address � Oak Title: C:Y [ ,C.7 U-st /'t eL le,N f 1-10neQC /q c /ye 0 �T�4 Company: Awe.*:e-oo Telephone. / �� �3� - of 7o / Mine.Name: Zd« (ue_ P.-f "Signature must be the same as the individual who signed Page 1 of this application. Four (4) copies of the completed apolicatiop four (41 copies of all mine maps and reclamation maps and the appropriate processin¢ fee (see nest page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of thAppfication form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4374. -19- v„o x Z `� Wa 1 O l; ust AN Alul it NO Lil t' ;..• ; Grp •� ` ,\ ^emu Lisa 01 lUll UM kll . Lp hy V} Q ,\ G w p iy �An S LI, BUGS u¢ >u, Im lLi f,� ' J i S ,ia U N � o E SAMPSON COUNTY NORTH CAROLINA ,R,PAR,e„ M. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS—PLANNING AND RESEARCH BRANCH w_ IN eoanunOm WNN 0% U.S.DEPARTMENT OF TRANSPORTATION td-a FEDERAL HIGHWAY ADMINISTRATION ; a,yti m ro�•o.e sulR I. �N IaA RAT �a'� NORTH CAROLINA DEPARTMENT OF pj�n.r,£:'y„6 ENVIRONMENT AND NATURAL RESOURCES �n DIVISION OF LAND RESOURCES August 6, 1999 GNR= Mr. T. E. Chandler, Jr. " yF ., CCC Sand & Gravel, Inc. `4 .. It P.O. Box 131 i.1nN69 e."NNT;R: Burlington, North Carolina 27216-0131 9RNOR rq 1 [li Re: Permit No. 82-19 �+- Ivanhoe Pit#2 ' Sampson County CDEV4 n Cape Fear River Basin Dear Mr. Chandler: ry -1 r` Y Your recent request to have the above referenced mining permit ,. modified has been approved. The modification is to increase the permitted dcNMLE.N.wRG119R.. and affected area to 83.1 acres as indicated on the mine map last revised 6 A ol •NYB 6e ;60LOY iS k, June 1999. A copy of the modified permit is enclosed. \� The conditions in the modified permit were based primarily upon the X. initial application. Modifications were made as indicated by the modification request and as required to insure compliance with The Mining Act of 1971. The expiration date, mine name and"permit number shall remain the same as �J before the modification. 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 and affected acreage for this site are both 83.1 acres, as indicated in the modification request and on the mine map last revised June 1999. Please review the modified permit and advise this office at (919) 733- '��' - - 4574 should you have any questions concerning this matter. ��— Sin rely, 40 R _ A- . acy E E. avi State Mining Specialist Land Quality Section TED/tls "'• 5 :.•-,. Enclosures -- . v— <� 7Gh4'; . cc: Mr. William E. Vinson, E.I.T. Ms. Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, w/enclosures V.NOaSWAVC s ECTIN (9191>m-2R>a F.991919)733-DOOO GEOLOGICAL 9VnveT SECTION f9191793-1919 F1k(9191799-D900 -N- z�o /F.O.COX 279a7. RALEIGH. NORTH CAR04NL1791 L)9B7 TE49PHON119101799.9999 FAX(9101719-R001 AN EQUAL OPPORTUNITY1AFFr0MNnvt ACTION E9nlmER-90%RECYCLSIVI 0% POST-CON9D9RR PAP[R DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations J .. Permission is hereby granted to: CCC Sand & Gravel, Inc. Ivanhoe Pit # 2 Sampson County - Permit No. 82-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT E IRATION DATE: January Z. 2008 ' • Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or.suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Modifications August fi, 1999: This permit has been modified to increase the permitted and affected area to 83.1 acres as indicated on the mine map last revised June 1999. Exs iration_ ate This permit shall be effective from the date of its issuance until January 7, 2008. Page 3 s 'tions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. 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 Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental [Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or.-other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 50 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations, including the plant/stockpile area, shall be diverted internal to said excavations to prevent off- site sedimentation. Page 4 C. All access/haul roads within the mining permit boundaries shall be located between the mine excavation and the minimum 50 foot wide undisturbed buffer zones (mans, haS alL QL be located within the buffer zones). D. The perimeter berm shall be constructed as indicated in the Sediment and Erosion Control Narrative on the Site Plan dated November 7, 1997. Said berm shall be stabilized with a permanent ground cover and shall be located between the undisturbed buffer zone and the excavation (not within the buffer zone). E. All mining activities shall be conducted as indicated by the mine map last revised June 1999. ' 5. All mining permit boundaries (83.1 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary-structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. 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 winless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the-Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. i . Page 5 B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1) on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources for to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or-erosion/sediment control plan contained 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. 13. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $58,200.00 surety 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. Page 6 14_ A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. ti i i Page 7 APP OR VEn BECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. 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. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavations to a lake areas and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake areas shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 8 B. The side slopes to the lake excavations shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. IO.A. through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetltion Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 �. Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarifed) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 L it Amendments Lime- 2000 Ibsfacre or follow recommendations from a soil test. Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. 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. • • Page 9 4. Reclamation ation 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. This permit, issued January 7, 1998, is hereby modified this 6th day of August, 1999 pursuant to G.S. 74-52. By Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources ti Y 'S ' O •-T C� pUnda� t h% o ` t O<1 r q� �• � t`/ ,' fob, h �• V I Qb it i' o m Sl c+ c+ s SOL USI tj p' •uoQ G �. m m coo co m < CD ti ` CD O- co D ice S 3 5 z < o c� co a.. CD. con 9�i c9 9. Z p--i N• O O Cl. n p ii. o coo rn � �—s- < o � rn co �' v F+ 0 CD rn o ¢ co m %. cr can Y � w .SE s c%o CD c+ o o v n mCb pr�� o. o- cn o Sh co C F. c+' cn co o m s co g m 1 .on x a w w v00 = m = � m �° o0 3 g c� N o ? a F' co c o ¢ o 0 3 o c 6 �' Z ��N Q i✓ ° s so <o o �o o �o o . osvt co c+ SL m a- c+ m coo -c o0 La ko m _ < w- o s o ao 5 go o r9 o C CD a z m o m o. o `2 c m m = SU �° 1 91 ♦ ', is \ f CD co co cn o cn o SU CD Y, �''• 'UQ � rn si m cy. R coo m co o -+, v- p 1 \ G. G O Q \C O 1 i CD fAlp \ - MINING inns .._.__ �. `S s - - - - - - -- - - - - - - - - - - - - - - - - - -FYKISiIN( )-(AVI 12040 77 _ o Jo s> Z BCD 9 d i v o O C) a -73 �• � r� C 11 �� S@1 O_ � ► SZ O cn LA 0 L � � � a, coo � cam-+• ° � 9-- � o co � c�D N ! � � �• �- � ° s -0 n -3 -P o vl W O CA O 0 o c • D 0 0 0 0 D O Z a _cC 0 O ts) O 2 U U U U O tc) o � U 6 � i N o p p �, .� > Z o 4.1Jzh Ck- s S1 U o izg' 03 7s LL w e o Of h uZj U ' ! T sV- Z i 1� VVL � 1 o - - - - - UVoZ1 inyf+— yNl?SrX3- - - - - - - - - - - - - - - - - - -- - - - - - - ��ix � i b O _ 81 4-1 - = LL o \n S 3 �o $ ,� bol +1 '~ w F. -�L \n - S -3 N �6 V S N Q m\� V) to 9 O m q s ¢ ca 3 +, + y� o w o n d � o +> m ¢� i y \, i R py s Q i i Q6 s � c is o 7 U N i N $L N N ,y o ! � \\ Q v Z m � u� 3 ' 3 A o, '� P, y rl ts) r+ laN cd r. Z 41 ¢ o o = � vs o ° 42 o — o �► --- -._... R = 95o m +5 c¢ 0 , -o O, F- ts �('i, I \ 6,�♦ ]ll 3 .a- Q-75 qs Z s ~ s o •� ta7d '.��' p,a, 3 m LL a� cdI~ S 2� 75L o L m 3 o r. on a i r +3 u R m q, ° own Om N o "s t16 ! (n s � ¢ a pL N a Q 3 R C) 1 �V<l aj Y V e LL At i Wi' \U1� aa�}nA 0 I G i JL% [ RS a Q_ L N -8 N LL 4- O U S1 O s SL n. Date_ 4?!13/1999 PAR AM Sender: 'Tnhy Vinsnn/LO Supervisor' <Tohy_Vinson®fro.enr Vate.nc.us> Receipt requested Subject:ccc sand&gravel, ivaohoe ph 92,Sampson co. Tony, p The following are our comments on the Ivanhoe Pit 02 Modification Request: 1. Clarification should be provided regarding depth of mining. (old permit states 35' max and 25' avg; new permit stattes 20, max (r-� and 15' avgl 2. Expanding the permit boundaries requires new notification do process doesn't it? J� tr^^ 400 3. Ditch calculations should be provided for the new ditch. dV" yr (Capacity and stabilization) 4. Cross-section of the berm should be provided. (Question: Should CCC send in the rest of the missing pages from the �e application since this is an increase in permit boundary?) / That's it. Call me or Kenny M. if you have any questions. TV lee, Pop I 7.le'llI t,',,.P MomO.,/9- -r NORTH CAROLINA DEPARTMENT FF rr '•K'-((lr=?x�' - ,r°• 7 ENVIRONMENT AND NATURAL RESOURCES jp �Hd q+,T - DIVISION OF LAND RESOURCES f~ ®�� J 16, 19916, 19g9 �/G lGibl H�Il/ :' 'NCDENR I 66& 6 r �<w.f - ;i•. MEMORANDUM 1 . �1 70r JAMn Be xuxvw. T0: Mr. Bennett Wynne f/tv-i ,gNGOY6PMOR d,-' .r R;r Habitat Conservation Program Coordina ' Wildlife Resources Commission FROM: Susan Be Edwards�.�i� -.w�rNEmcoRv,nk Mining Program Secretary 1 / 96CIIRANY r i, V v„i s Land Quality Section , ff ,' SUBJECT: Mining Permit Modification Request for CCC Sand & Gravel I „Li::aR�Rat,- Ivanhoe Pit N2 - Permit No. 82-19 *^*'" • Samson Count C RE D1R[RCRJ;t P Y LV"DDT ANQOrAi[6sOLoaY a $ '� j ` Please find attached for your review a copy of the mining permit modification � f request for the above referenced project. _ .n Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 15, 1999 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and _ modifications, this office will carefully review all proposed erosion and sediment i control measures to ensure that they are sufficient to restrain erosion and off-site ( sedimentation. However, any comments your agency can provide regarding effects on r' F wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, Please send a copy of your n" comments to the person noted in the application. RETURN ALL APPLICATION MATFRIAI S AND MAPS WITH YOUR REVIEW COMMENTS TO THIS - OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. /SBE ar frY� r9'r/1�Awe_t ti Poi• wrv.A �S� f''^'"•C / � (,��/) T f% Attachments 44arH oIea.-sd cc: Mr. Toby Vinson lee ' ^,e •I LAND QUALITY SECTION I919)732-4e74 vsxla,c,vaa-save QEOLOOCAL SURVEY SCCnOM I919I 733-E4E3 FAA,EID,TSS-ODOO P.O.Box Nan, RALEIGH, NORTH CAmuNAavallaaev TELEPHONE;919;raa-alas rwxlargrle-Ram AN EQUAL OPPDRTuxm r AFFIRMATIVE Amex EMPLOYER•80% NRCYCLED/1O PORT-CON SUMER PAPER (based upon 10-year mine/affected area plan) Permit No . Rz-11 Permittee/Applicant CCC 5..J0, 6e. J • Mine Name : 9 t' < z AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ Sediment Ponds - D -Ac . X $_ / Ac. _ $ Stockpiles J _ Ac .. x $ 40 - / Ac. _ $ effoe Wastepiles 0 Ac . X $_ / Ac . _ $ Processing Area/ V Haul Roads 3' Ac . X $ °e / :Ac. _ $ °O Mine Excavation Ill Ac . X $ oo / Ac . _ $ 39, Sf° Other PAc . -X _ $ / Ac . , _ TOTAL AFFECTED AC. - 951 Temoora.- & Permanent c dim n a 'on AkErosion Contra' Measures : Divide the TOTAL AFFECTED . AC. .above into the following two categories : a) affected acres that drain into. prcocsed/existinc -excavation and/or b) affected acres that will be craded for positive drainage, measures will be needed to prevent offsite sediment a) Internal Drainage 831 Ac- b) Positive Drainage Ac , X $ 1500 / Ac . _ $ SUBTOTAL COST: $ Inflation Factor : 0 . 02 X SUBTOTAL COST: $ 987 X permit life : 9 (1 to 10 years) INFLATION COST: $ g®B3 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ u"B, z,JT.oI TOTAL RECLAMATION BOND COST: (round down to the nearest $100) A Bond Based Upon: • Annual Reclamation Repor*orm Acreage Approved 10-Year Mine/Reclamation Plan Remarks : rh;. .7N reu LIv) Bond Calculated By . Date bf Bond 'C culation : ': PLEASE REMIT TER REQUIRED BOND, ON ONE OF THE BOND FORMS APPROVED BY THE DEPARTMENT, AS SOON AS POSSIBLE TO OBTAIN YOUR NEW MINING PERMIT OR TO ENSURE THAT YOUR EXISTING MINING PERMIT REMAINS VALID. IP YOU SHOULD HAVE ANY QUESTIONS ON THE ABOVE, PLEASE CONTACT THE INDIVIDUAL WHO CALCULATED''YOUR BOND AT' (919) 733-4574. 't.- . • NORTH C•LINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES WC Y July 15, 1999 .i �1LAM89 B.NU"TJp% Y-q GOVBM"O Certified Mail Return Receipt Reauested 9 �1wmn,e MBo[ TT Mr. T. E. Chandler CCC Sand & Gravel, Inc. P.O. Box 131 Burlington, North Carolina 27216.1031 ,< ' Cx.O.Z.4 F1:�WUn4na¢rt �F.�REPDi¢¢ero¢ , 3 Re: Ivanhoe Pit #2 M4.4YYEL ax:. .. _. z Mining Permit No. 82-19 _"• Sampson Count .. Cape Fear River Basin Dear Mr. Chandler: The review has been completed on the modification request your company submitted for the above referenced mine site. However, the i '. i �- following is needed to continue processing your application: ��t The reclamation bond was calculated for this site using the information submitted on the Mine Map dated June 1999. The reclamation bond for this site has been calculated to be $58,200.00. The calculation worksheet is enclosed for your review. Your company has a $45,900.00 bond currently for this site, therefore an additional $12,300.00 will be required to complete this modification request. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of .Ap credit form for your use in securing the required bond. The name on the security must be the same as the nanje appearing on the application for a mining permit, i.e., CCC Sand & Gravel, Inc. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. OIL Please be advised that the modification request cannot be y3. completed until the new bond amount has been received. "NO QUALITY SECTION 101 91 73 318L PAY 19 1 91 7 33-SBTH GEOLOGICAL SURVEY SECTION (019)733Q933 FA%(919)733.0800 P.O.9 SALMON. A CAR 8> T 1>HH-H FAX 1919)>13.9C01 AN EQUAL OPPORTUNITY J AFFIRMATIVE ACTION EMPLOYER-50% RUCvcLEOM0% XmicONaux¢p IMEn CERTIFIED MAIL Mr. Chandler Page Two As required by G.S. 74-51 Ih), you are hereby advised that you have 60 days from the date of your receipt of this letter to submit the reclamation bond. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. In order to complete the processing of your modification request, please forward the bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, N. C. 27699.1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely,/ Tony L. Sample, C.P.E.S.C. Assistant State Mining Specialist Land Quality Section TLS Enclosures _ m cc: Mr. William E. Vinson, E.I.T. c 'oil M r^ w w U s { N gg @9 gg SB6l Mar'aoeE W+od Sd 1 ('; MINE SITE REVIEW FORM o MoPl F ce. DWQ and DAQ • _ Project: ClCC §,,. £6orG ' I r tT/a hae [/!(2 •IR) Councr. .. Due: //2/��/ / T ✓�SK� ' Water Quality lames 1.*�Watersbed/Stream Name and Classification: r11� � 1 2. Pets XE4 NQ NPDES Permit Required z r __.NPDES Permit Existing _... . '"" "`_9`. Nndi oscharge Permit Requimd Noadisnharge Permit Existing _ S. Wetlands.: Wetlands Disturbed Cp✓r+Ir.G •. J A 401 Certification Required AY 7 Air Quality Issues- Air Permit Required ✓ Air Permit Existing Groundwater Issues: Well Permit Required ✓/ Well Permit Existing �L Groundwater Contamination Problem Comment . •�--- �7c ✓^�� i WQ- Signed Date AQ. Signed Da� f Jf 4OSigned, Date f / c� DATE TO ASSISTANTmh4 ��(D — DATE f&SUSAN 6'iS4S LOGGED IN MINING CHECKLIST FOR ROUTING Company PPt' Kr. -1 Project Name TiJ Permit No. B?-ly County -h. Date Received 6 -Ii,7T Reviewer 7� Please make copies of check to include with Central office and Field office files and(l'ogg in checks. * ❑ New El RenewalLS Modification ❑ Transfer ❑ Release ❑ Additional Information ❑ Fee Needed LJ Fee Received: Amount 9` /lv, nu Please route to: 0' Field Office Date Routed01� o wildlife Resources Commission Date Routed �§ * ❑ Archives and History Date Routed 1 Other: ✓L4—4p* f " Date Routed Suspense Date for Comments: 7-1r 1 (Date received +30 days, not on weekend) ❑ Please note the following: *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan -;41'.: :,.v.3e'y7s I - �C ^ • L� yh 2. NORTH CAROLINA DEPARTMENT OF lXfn^, c-Cy ENVIRONMENT AND NATURAL RESOURCES DIVIs10N OF LAND RESOURCES lib June 16, 1999 MEMORANDUM t]ANES B.HURT JR.�. TO: Mr. Bennett Wynne GOVERNOR Habitat Conservation Program Coordinator Wildlife Resources Commission � "•�l.c a• FROM: Susan B. Edward qt�� r`w�TR TO si Mining Program Secretary BCCpM Land Quality Section SUBJECT: Mining Permit Modification Request for CCC Sand & Gravel Ivanhoe Pit #2 - Permit No. 82-19 CN%PLE9'H�GARONERJ`tt Cac ne:.o.v"oE9- Sampson County .w9 erA7EaEo,ule7 Please find attached for your review a copy of the mining permit modification request for the above referenced project. "•`"� ! .Ip , Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (O.S. 74-51 (2)). Please respond by July 15, 1999 so that we may complete our review of this request within our statutory time limits. 1'— � � As is the case in our review of all mining permit applications, renewals and i 1 modifications, this office will carefully review all proposed erosion and sediment ] i control measures to ensure that they are sufficient to restrain erosion.and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to .rnvg perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALI, APPLICATION MATFRIAT.S AND MAPS WITH YOUR REVIEW COMMFNTS TO THIS OFFICE v.. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any v- 'c4-a questions. /SBE r $ >a Attachments •V' - - .��' - U•r ?; ` cc: Mr. Toby Vinson A LINO gUAL,TT SECTION 9191733-4574 FAX(919)733.9R16 GE0400CIM1 SURVEY BCCTON 1919) 733.3453 FAX IS 190733.0900 P.O. BOX X7937,RALIIOH, NORTH CAROLINA274Y 1-7387 TELEPHONE 1919)733.31333 PAX(919171Sae01 " ANE UAL OPPORTONITT/APFIRHATIV[ACTION EMPLOYER-00% RECYCLm1OR POST.CONSUMER PIPER ,r r. tb' � k . �n Y 2 I � t d fit r 5. � 3 CAROLINA GEOLOGICAL SERVICES, I June 11, 1999 ��\L��s Mr. Tracy Davis Land Quality Section,NCDENR \ � P.O. Box 27687 Raleigh, NC 27611.7687 1 Subject: Application for Modification of Mining Permii# 82-1.9, Ivanhoe Pit 42, CCC Sand and Gravel, Sampson County,NC '� Dear Mr. Davis: On behalf of CCC Sand and Gravel, 1 am pleased to submit this application for modification of a North Carolina Mining Permit as noted above. This modification request simply adds 22.1 contiguous acres to the existing mining area. Please find attached pages 1-3 and 15 of the Mining Permit Application form. The additional pages were not completed, since all information contained within the original mining permit application or the mining permit itself is exactly the same. All runoff and/or groundwater from the new mining area will be recycled through the existing hydraulic dredge. There is no discharge from this operation. The only adjoining landowners are the owner of the land that the mine is located on and International Paper, which was notified in the original application. Therefore, no notification of adjoining landowners was necessary. If you have any questions on the application or mine plan, please call me. Sincerely, James�Jr., PG Carolina Geological Services, Inc, P.O. Box 429, GARNER, NO 27529 (919)779-0017 FAX: (919)779-7227 OFFICES AT 101 WEST MAIN STREET. GARNER, NO JL j N-93-9gW n -le qh1 CPROLINO- GEOLOGICOL 9197797227 P. 92 NORTH CAROLINA DEPARTMENT OF ENWIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine„ J:VANAOS -pi-r 2 t''�'Rmt �2� ��f County S�r`�1PSon! s h 2. Name of Applicant* GC_— 3. Permanent address for receipt of official mail" .0. `Box 131 _ _ .. -- - �uti�.�.�c,�d� NL z�z►(a o�� 1 . Telepbolle r 4. Mine Office Address_ y _R G" N �A�z r� _ _L ��r �. 0. 13 o x & 7, l ✓ANHoc; NC ;-riy'11`7 Telephone��ao} 7758' i 5. Mine Manager- Ha A-4 C,r L.-s i s`_ ,-t j2� - We hereby certiry that all details contained in this Permit Application are true and correct to the best of our knowledge. We hilly understand that any willful misrepresentation of facts will be cause to revoke the permit. ***Signature Date�/0 Z9,9 Print Name L . C' nr,lC�/P A Title Vi Ce 4ke5" dp"" -- " This will be the name that the mining permit will be issued to and the namc that must be ind1cuW-Dnjtc that corresponds to this site, **` The Land Quality Section must be notified of any cbanges in the permanent address or telephone number. Signature of company officer required. G.S. 74-5I provides that the Department shall grant or deny an application for apermit within bU days of receipt of a application or, if a public hearing is held., within 30 days following the hearing and the filing of any sup�pFemental information required by the Department. All questions must be addressed Wd all re c ulred maps provided before this application can be considered complete. Attach additional sheets as needed, n • APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the nine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1: a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit this is the acreage that the "new permit" fee will be based upon): Of this acreage, how much is owned and how much is leased? Acres owned: Acres leased: Property owner if teased: b. If this is an ap lication for RENEWAL of a mining permit, indicate the minim permit number and the total Overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): If this is an application for a MODIFICATION to a minim permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: J3Z-I q Total permitted acreage: (D 1 Does the modification involve acreage within the previously approved permitted boundary? Yes No_L. If yes, indicate the acreage.to be covered by this modification (this is the acreage that the "major modification" fee will be based upon):_ 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: I (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? Yeses No (if no, a "minor modification" fee of $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): 22. I d. If this is an application for TRANSFER of a minim permit, indicate the mining ppermit number and the total (overall) acreage covered by the existmg permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the mine site: LONGITUDE (dd-mm-ss): -- -- Quadrangle: LATITUDE (dd-mm-ss): -- -- River Basin: _c PPS Buz 3. Name of all materials mined: SA N g -2- APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge ✓ Front-end loader & Truck ✓ Shovel & Truck _ Dragline & Track _ Self-loading Scraper _ Other (explain) 5. a. Expected maximum depth of mine (feet) 20' Reference elevation: b. Expected average depth of mine (feet) is' 6. Has any area(s) at this site been mined in the past? Yes No ✓If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? c. Acreage of previously affected land at present site that has been reclaimed: acres (identify all areas on your mine map(s)). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes_ No.. If yes, how much? _ acres (identify all areas on your mine map(s)). 7. Present (ire-mining) use of the land (estimate acreage for each): Cropland acres Pasture _acres Forestry 2:t.1 acres Fish/Wildlife _acres Recreation _acres Other _acres (Specify use: ) S. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture _acres Forestry _acres Fish/Wildlife L7 acres Recreation _acres Other_acres (Specify use: ) 9. Number of years for which the permit is requested (10 years maximum): Wie ae k;2n,T �xPru'S � "j-Zooms B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A MINING PERMIT 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 o(($500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the bepartment to be affected during the life of the mining permit. Please insert the approximate acreage. for each aspect of the mininP Ooeration that you intend to affect during the life of this minim Hermit (in addition. lease insert reclamation cost/acre for each category from the of Reclamation Costs provided with this application form): AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds O Ac. X $ /Ac. = $ Stockpiles 3 Ac. X $ /$00 /Ac. = $ 5400 Wastepiles O Ac. X $ /Ac. _ $ Processing Area/Haul Roads 3 Ac. X $ /$OD /Ac. _ $ 5400 Mine Excavation Ac. X $ 500 /Ac. _ $ 38 55y Other Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 83. 1 Ac. is rary & Permanent Sedimentation & Erosion Control Measures: Dde 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, measures will be needed to prevent offske sediment. a) Internal Drainage 83• I Ac. b) Positive Drainage Ac. X $1500 / Ac. _ $ SUBTOTAL COST: $ y9 3 50 Inflation Factor: 0.02 X SUBTOTAL COST: $ 99_7 X Permit Life (I to 10 years): S- 5 INFLATION COST: $ 8389. 50 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 57, -739. 50 TOTAL RECLAMATION BOND COSTS e $ 5-71 -70CR . (round down to the nearest $100 . 00) -15- z 0 co 0 73 —n -n Co co -s m � o SU .� CO Z S1 permtv bOUndarJ �� , PO sue' C� � 8t 9 —a s i j -Ti i 07 (o. fD cf rn SK (o o II ' m -n S2 c , �. o coo ('Rs 4�1 m `9 m v cD-E 2, '� "4 `•..:\,\ §c D 3 SL o 5. :23L � s � 2) Alf Af EL Ri ° �' D ° c9 � °. - s 6 0 o O cam} 5 (f .� m s o cD OcF N 9- �. 00 ° ° Co 5 �, rn o CCD CD (D s o 0 0 0 o D s \ TI -6 s �' m R' Rl-(moo F s ct c 3 X� Sl1 �f �o s o m Q D rn Ftt — -CDs SU Co ' 9 ��►� \ C) vt GN 0 + o - existing farm road, used and maintained by J&K Farms, Inc. -73 ° - 73 73 o F p O n "T coo 1 4 p cnCb < ? coCb z _ lb O - m Qb S 7t O c� woc� o l � *` NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES ^/ 1 January 16, 1998 `\I/.��11►118 #,_, CERTIFIED MAIL •',� .r RETURN RECEIPT REQUESTED c., Mr. T. E. Chandler Tib�NEe B.NVNidw. CCC Sand & Gravel, Inc . RNonErhil P.O. Box 131 . Burlington, North Carolina 27216-0131 `a Re : Ivanhoe Pit #2 , e •T:d3 4 Minin Permit No. 82-19 wATNe AkoevlTt -�'`aic:e.".m. '�'•�'.9.. Sampson County A Cape Fear River Basin Dear Mr. Chandler3 -tiGIMLEeM .W ENt' This letter is to. acknowledge this office' s - Fc .'DIRE R� receipt of your company' s $45 , 900 . 00 replacement surety ANB 6TAT8�GBOLOOIBTa' bond, submitted in response to an error found in the ' bond calculation for your recent mining permit modification request. As this office has received a corrected, original Surety Bond in the amount of $45, 900 . 00 to replace the 1f... aMa existing Surety bond, I am returning the previous form - .� ,..� and Power of Attorney to you for your disposal . In •:' . addition, Page 5 of 9 of the modified permit has been revised to reflect this change in the bond amount. Please insert this corrected page into Mining Permit 82-19 for future reference . 11 ,Lza:= Your cooperation and prompt response is greatly appreciated. If you should have any questions, please contact Mr. Tony Sample, Assistant State Mining Specialist, at (919) 733-4574 . sincerely, - FFF Charles H. Gardner, P.G. , P.E . CHG/tls _ Enclosures_: $39, 000 . 00 Surety Bond • �' " Revised Page 5 of Mining Permit No . 82-19 ,,. . cc: Mr. William E. Vinson, E. I .T. "NO QUALITY SECTON (a13Iv33-4ET< PA2(010)733a87E GEOLOGICAL SURVEY SECTION(913)733-2423 FAAIPIOI733-0900 NO BOX 270Y.RALEIGH.MOWN CAROLINA 29E11-7I87 TELEPHONE(BIBI 7E3-3830 FA%IGt917t1800I n � AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER-SO% R¢YCLOV10% POST.CONSUNU PAPER 1► P. 067 236 347 Receipt for ZOrtified Mal No Insurance coverage N.wded �wwdi°q' Do not use for International Mail (See aevenei suet w snwe ew No ^ PA.sure em¢lp ewe %raw S Ce41i01 Fee ew[ul Deity Fw 2avkW 4Apv re, q fleNm fl,,,,p[slwn g N bNfiam 641e De"ree Mi ller reelectSMvm9 to Wwm. .aM Ater ssee3Mdee, 1 iOIAL PmIye 8 6Fws $ yt pecmvk o,tole l�€1 qe LL J y . NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANn NATURAL RESOURCES DIVISION OF LAND RESOURCES y MICDEt�R January 9, 1996 "JAMES B.H VNTJR. J'GOSERNRR +�+ Mr. T. B. Chandler d CCC Sand & Gravel, Inc . wemP MCDEVITr . P.O. BOX 131 e XCN67ART. Burlington, North Carolina 27216-0131 ' f Re : Ivanhoe Pit #2 - - - Sampson County „ Cape Fear River Basin LED tl RP E PB...P.ErDIRECIOR �:.4 o B 11 c[otocl:Y" Dear Mr. Chandler: AN N The application for a mining permit for the above `�' �`'• referenced mine site has been found to meet the ' ?' +.'>•- requirements of G. S . 74-51 of The Mining 4u 4 Act of 1971 . As we have received the required security to cover this ,• 'T application, I am enclosing the mining permit . The conditions of Mining Permit No. 82-19 were based t•. r1r'�+7 ` =? primarily upon information supplied in the application 9 with conditions added as necessary to insure compliance 1 1 j with The Mining Act of 1171. This permit expires on January 7, 2008 . G.S. 74L65 states that the issuance a 7 a mining permit does not supersede local zoning d > %` regulations . The responsibility of compliance with any . :�� applicable zoning regulations lies with you. As a reminder, your permitted acreage and affected acreage for this site are both 61 acres , as indicated in at• _ - the application and on the mine map dated November 7, 1997 . i /p L,.NOOUAULIRVR RSR ITIOC N IFIP1iXXrETA FAXIm PIRP[aeve/ 4[OLOmu S 1 N(9U)l]].E9A FAX01117911-0900 P.O.BOX 27687, RA"IGH, NORM CAROLINA 37611-76R7 T60MOM9IYI9I7339E]] FAXI9I9I7IE.s001 AN EQUAL OPPORTUNI V/AFFIRMATIV[ACTION EMFLOT91%•50% RECTCLXWIC% HOST-. ONSUMKA PAPER Mr. Chandler January 9, 1998 Page 2 Please review the permit and notify this office at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, Tracy E. avis, P.E. State Mining Specialist , Land Quality Section TED/tls Enclosures CC : Mr. William E . Vinson, E . I .T. Ms . Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett:-DWQ,. ._w/enclosures DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T for the operation of a mining activity . In accordance with the provisions of G. S. 74-46 through 68, "The Mining Act of 1971, " Mining Permit Rule 15A NCAC 5 B, and other applicable laws , rules and regulations Permission is hereby granted to: CCC Sand & Gravel, Inc . Ivanhoe Pit # 2 Sampson County - Permit No. 82-19 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this' mining operation will receive the greatest. practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: January 7. 2008 • Page 2 of 5 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on -file with the Department, and may survive the expiration, revocation or suspension of this permit . - This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee' s successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act , the Department may give the operator written notice of its intent to modify, revoke or suspend the permit , or its intent to modify the Reclamation Plan as incorporated in the permit . 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. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S . 74-45 . Expiration Date This permit shall be effective from the date of its issuance until January 7 , 2008 .- - _ - .. .... -.. -_ ..-_-.•- Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S . 74-46, et . seq. , , and to the following conditions and . limitations: Page 3 of 9 OPERATING CONDITIONS : 1 . 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 Section, Division of Water Quality, to secure any necessary stormwater permits- or other approval documents. 2 . A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental, Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other, means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3 . A. Sufficient buffer (minimum 50 'foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the .State, waters of the U. S . , or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C . Environmental Management Commission. 4 . A. Adequate - mechanica-1 barriers including but not -limited to diversions, earthen• dikes, silt check dams, ' silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the .affected land. B. All drainage from the affected area around the mine excavation, including the plant./stockpile area, shall be diverted internal to said excavation to prevent off-site sedimentation.' C. All access/haul roads within the mining permit -boundaries shall be located between the mine excavation- and the minimum 50 foot wide undisturbed buffer zones (roads shall not be located within the buffer zones) . • Page 4 of 9 D. The perimeter berm shall be constructed as indicated in the Sediment and Erosion Control Narrative on the Site Plan dated November 7, 1997 . Said berm - shall be stabilized with a permanent ground cover and shall be located between the undisturbed buffer zone and the excavation (not within the buffer zone) . 5 . All mining permit boundaries (61 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals . 6 . The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control measure, structure, or device . In any event, exposed slopes or any excavated channels,- the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 7 . The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or, foul . Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions . 8 . Existing vegetation or vegetated earthen berms shall be maintained between the mine and . public thoroughfares whenever practical to screen the operation from the public . 9 . Sufficient buffer (minimum of 50 foot undisturbed) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10 .. 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 Land Quality Section, Department of Environment and Natural Resources . The method of disposal shall be consistent with the approved reclamation plan. B . Mining refuse as defined by G. S . 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a 'disposal facility approved by the Division of Waste Management . No petroleum products, acids, solvents or their- storage containers or any _ other material that may be considered hazardous shall be disposed of within the permitted area. 0 Page 5 of 9 C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971) : 1) on-site generated land clearing debris 2 ) conveyor belts 3 ) wire cables 4 ) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must. be provided to and approved by the Division of Land Resources prior to commencement of such disposal : I . the approximate boundaries and- size of the refuse disposal area; 2 . a list of refuse items to be disposed; 3 . verification that a minimum of 4 feet of cover will be provided over the refuse; 4 . verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and 5 . verification that a permanent vegetative groundcover will be established. 11 . An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12 . The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or ' erosion/sediment control plan contained 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 . 13 . The security which was posted pursuant to N.C.G.S. 7.4-54 in the form of a $45, 900 .00 surety bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for, this permit to be valid. The total affected land shall not exceed the bonded. acreage. 14. A. Authorized. representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant-,archaeological resources. • • • Page 6 of 9 H. Pursuant to N. C. G. S . 70 Article 3 , "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. ' • Page 7 of 9 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit . Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit . The approved plan provides : Minimum standards As Provided By G. S . 74-53 1 . 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. 2 . Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3 . All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is' suitable for the proposed subsequent use of the land. 4 . No small .pools of water shall be allowed to collect or remain on the mined area that are, likely to, become noxious, odious or foul . 5 . The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural, Experiment Station and the North Carolina Forest Service . 6 . Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule 'included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining:9perat ions and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS : 1. Provided further,- and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the .adjacent disturbed areas . Page 8 of 9 2 . The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows : A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line . C . Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at. the mine site . On-site disposal of waste shall be in accordance with . operating Condition Nos . 10 .A. through D. E . The affected land shall be graded to prevent the collection of noxious or foul water. 3 . Reyegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent' Seeding Specifications Dates Species Rat—__ Lbs_/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscaxified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime- 2000 lbs/acre or follow recommendations from a soil test . Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10, or follow recommendations from a soil testa Mulch- All seeded areas shall be mulched using small, grain straw at a rate of 2000 lbs/acre and anchored appropriately. • • Page 9 of 9 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance poet-project wildlife habitat at the site . 4 . Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible . In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 7th day of January, 1998 . Charles H. Gardner, Director Division of Land Resources . . By Authority of the Secretary - - � "'OE-the'"Department of Environment and Natural Resources �o� � - ��s -orb MEMORANDUM TO: File FROM: Susan Edwards y SUBJECT: Notice ofattac af Issuance of Mining Permit ..s.� A copy o to Vot of ssuanc f Mi�i�t'lls nett all people listed in the Affidavit of Notification and any additional people who sent in letters . If a public hearing was held , a copy of the "Notice of Issuance of Mining Permit" was sent to all people who signed the sign in sheet at the public hearing . My initials , written in red, will be beside the names of the people in the file who were sent this "Notice". cc; Regional Engineer NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining land owner in the application for a mining permit filed by CCC Sand 6 Gravel , Inc. to conduct mining activities off SR 1105 in Sampson County. The mining permit (no. 82-19) was issued on January 7 , 1998 . North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G. S . 150B-23 of the Administrative Procedure Act (APA) . If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the office of Administrative Hearings within sixty (601 days of the mailing of this notice to you . If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23 . File the original petition and one copy with the Office of Administrative Hearings, P.O . Drawer 27447, Raleigh, N. C. 27611-7447 . Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 733-0926 . You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Mr. Richard B. Whisnant, Registered Agent and General Counsel, Post Office Box 27687, Raaleigh, North Carolina 27611 . ff''`` 'Charles H. Gardner Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed o 4 Susan Edwards Mining Program Secretary 0 DEC 15 '1997 U' a s North Carolina Department'of Cultural Resoun�C��� James B. Hunt Jr.,Governor Division of Archives and History Belly Ray McCain,Secretary .Jeffrey J.Cron,Director December 11 , 1997 MEMORANDUM TO: Tracy E. Davis Land Quality Section Division of Land Resources, DEHNR FROM: David Brook G'/Oi ` 4 607'Of -c Deputy State Historic Preservation Officer SUBJECT: Application for Mining Permit Ivanhoe Pit #2, CCC Sand & Gravel, Sampson County, ER 98-7977 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. Thank you for your cooperation and consideration. If you have questions concerning the above comments, please contact Ms. Renee Gledhill-Earley, Environmental Review Coordinator, at 919/733-4763. DB:slw 109 East Jones Suect• Raleigh,North Catalina 27601-2907 �,, I� is � , State of North Carolina Ash,Department of Environ&t • • and Natural Resources Division of Land Resources James B. Hum, Jr., Governor NCDENR Nartrr+ Gwpui+w 00-ARTMEW or Wayne McDevitt, Secretary EWRaNMENT Amo "A7uRAL RESOURCES Charles H. Gardner, P.G., P.E. Director and State Geologist December 30, 1997 Mr. T. E . Chandler CCC Band & Gravel P.O. Box 131 Burlington, North Carolina 27216--0131 Re : Ivanhoe Pit #2 Sampson County .Cape Fear River Basin Dear -Mr -. Chandler: Your application for a mining permit for the above referenced mine site has been reviewed. Enclosed is a draft of the mining permit proposed by the Department . The conditions in the draft permit were based primarily upon information supplied in--your application with conditions added if necessary to ensure compliance with The Mining Act of 1971 . The reclamation bond calculation for this site has been verified using the information submitted on the mine map dated November 7 , 1997 . • The bond amount for this site is $39., 000 . 00 . For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft -permit .' ' In addition to one of these alternatives you may, upon request, substitute a cash deposit . Please review the draft permit and the reclamation bond worksheet and contact this office. should you. have any objection or question concerning the permit conditions . G. S . 74-51 provides the operator 60 days following the mailing of application approval notice in which to file the required surety. Geological Survey Section Land Quality Section (919) 733-2423 (919)733-4574 FAX: (919)733-0900 FAX. (919)733-2876 P.O. 136)C27687,Raleigh,North Carolina 27611-7687 'Telephone 919-733-3933 An Equal Opportunity AtSrmadve Action Employer 50%Recycled/ 10%Post-Consumer Paper Mr. Chandler December 30, 1997 Page 2 The permit will be issued when the required security has been received. No mining may be conducted until the permit is issued. G.S . 74-65 states that the issuance of a mining permit does not supersede local zoning regulations . The responsibility of compliance with any applicable zoning regulations lies with you . Please contact me at (919) 733-4574 if you should . have any questions concerning this matter. Sincerely, ' Tracy E. Davis, P.E . State Mining Specialist Land Quality Section TED/tls Enclosures CC : Mr. William Vinson, E . I .T. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION P E R M I T for the operation of a mining activity In accordance with the provisions of G. S . 74-46 through 68 , ^The Mining Act of 1971, " Mining Permit Rule 15A NCAC 5 H, and other applicable laws, rules and regulations Permission is hereby granted to: CCC Sand & Gravel AFT Ivanhoe Pit # 2 Sampson County - Permit No. for the operation of ' a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by -this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: • Page 2 of 9 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment. and Natural. Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected . by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is . a separable obligation, secured 'by the. bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit . This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment ' or otherwise, the Department may release the' permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the--- permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee' s successor is not complying. with the Reclamation -'Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act , the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its_ intent to modify the Reclamation Plan as incorporated in the permit . Thee operator shall have right to - a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department . Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S . 74-49 . Expiration Date This permit shall be effective from the date of its issuance until * . Conditions This permit shall be subject to the provisions of the Mining Act , N. C.G. S . 74-46, et . seq. , and to the following conditions and limitations : Page 3 of 9 OPERATING CONDITIONS : 1 . 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 5tormwater Section, Division of Water Quality, to secure any necessary stormwater permits or other approval documents . 2 . A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3 . A. Sufficient buffer (minimum 5o foot . undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B . Any mining activity affecting waters' of Ehe" State, waters of the U. S . , or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4 . A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall ,be. provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation, including the plant/stockpile area, shall be diverted internal to said excavation to prevent off-site sedimentation. C. All access/haul roads -within the mining permit boundaries shall be located between the mine excavation and the minimum 50 foot wide undisturbed buffer zones (roads shall not be located within the buffer zones) . . Page 4 of 9 D. The perimeter berm shall be constructed as indicated in the Sediment and Erosion Control Narrative on the Site Plan dated November 7, 1997 . Said berm shall be stabilized with a permanent ground cover and shall be located between the undisturbed buffer zone and the excavation (not within the buffer zone] . 5 . All mining permit boundaries (61 acres) shall be permanently marked at the site on 100 foot intervals unless the line of sight allows for larger spacing intervals . 6 . The angle for graded slopes and _fil.1s 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 ground cover, devices or structures sufficient to restrain- such erosion. 7 . The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul . Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions . B . Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public . 9 . Sufficient buffer (minimum of S0 foot undisturbed) shall be ` maintained between any excavation and any mining permit boundary to protect adjacent property. 10 . 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 Land Quality Section, Department of Environment and Natural Resources . The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G. S . 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management . No petroleum_ products, . acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. • Page 5 of 9 C. For the purposes of this permit, the Division of Land Resources considers the following • materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971) : 1) on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 6) drill steel D. If mining refuse is to be permanently - disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land- Resources prior to commencement of such disposal : 1 . the approximate boundaries and size of the refuse disposal area; 2 . a list of refuse items to be disposed; 3 . verification that a minimum of 4 feet of cover will be provided over the refuse; 4.. verification that the refuse will be disposed at . least 4 feet above the seasonally high water table; and S . verification that a permanent vegetative groundcover will be established. ii . An Annual Reclamation Report shall be submitted on. a. form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12 . The operator shall notify the Department in writing of the desire to delete, modify or otherwise -change any part of the mining, reclamation,. or erosion/sediment control plan contained 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 . 13 . The security which was posted pursuant to N.C.G. S . 74-54 in the form of a $* . 00 *bond is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14 . A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources . • • - Page 6 of 9 B. Pursuant to N. C. G. S . 70 Article 3 , "The Unmarked Human Burial and Human Skeletal Remains Protection Act, " should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 7 of 9 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of -which is a condition on the continuing validity of that Mining Permit . Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit .- The approved plan provides : Minimum Standards As Provided By G. S . 74-53 1. 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. 2 . Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3 . All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4 . No small pools of water shall be allowed to collect or remain on the mined area that are, likely to become noxious, odious or foul . 5 . The revegetation plan shall - conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest "Service : 6 . Permittee shall conduct reclamation- activities ' pursuant to the Reclamation Plan herein incorporated.-- These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event; provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining . RECLAMATION CONDITIONS : 1 . Provided further, - and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas . 0 0 Page 8 of 9 2 . The specifications for surface gradient restoration to a surface suitable for the planned future use areas follows : A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water _ table elevation. B . The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 -horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site . on-site disposal of waste shall be 'in accordance with Operating Condition Nos . 10 .A. through D . E . 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 following: Permanent Seeding Specifications Dates species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October 25 Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain temporary) 120 Soil Amendments Lime- 2000 lbs/acre or follow recommendations from a soil. test . Fertilizer- 1000 lbs/acre 8-8-8 or 10-10-10 , or follow recommendations from a soil test . Mulch- All seeded areas shall be mulched using small grain straw at a rate of 2000 lbs/acre and anchored appropriately. • . . Page 9 of 9 In addition, the permittee shall consult. with a professional wildlife biologist with the N. C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4 . Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible . In any event, reclamation shall, be initiated as soon as feasible after completion or termination of mining of any mine segment under permit . Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this *th day of *, 1997 . By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary of the Department of Environment and Natural. Resources MI G APPLICATION REVIEW CEEC ST (an option the current detailed revimemorandum) APPLICATION/PERMIT NO. ACTION: New Mod Ran Trn ADMINISTRATION A. Is site currently under NOV? YES NO U E. CANA Jurisdiction? YES xo DEC 0 4 1997 D -FIELD "OBSERVATIONS A. Are potential wetlands and water courses properly e Map? YES NO Explain: E. Are Wed buffer zones dequate7 YES CJ Explain: Aye .e w/�of Tv �,E ✓Y/ad�D T 7l� E.or— .—,vim l�as.rr ss�rr� . V C. �Ar�C,�all occupied dwellings within 300 feet indicated? NO Explain: D. any water supply wells within 500 feet indicated? ES NO Ex lain: E. Is vis -screening required? - .. YES A -Explain• F. Are th�roposed S&E measures prerrylocated? YES Explain: - / 4 GN✓K� �i.J> >v �jav�' � 52_a. G. Is the revegetation/reclamation plan acceptable? NO Explain: * Date inspected: 7 SEDIMENT AND EROSION CONTROL PLAN REVIEW It is the responsibility of the Regional Staff to verify the adequacy of the S&E measures. Please .list any concerns or comments below. 14Lie ?e ZzF 3' / . r X.-/ TH� d I1 443 ;5 . V ..a.. b` o, d .1 hl:o �i J eh �V�k 41 A N Tlwl F rNQ. t 1MLcL i, r 7 other Comments :! �l` 'accr sr (=OAk c1u 1d 4e Aab DA o n &AA loco. `` I. +mod bum s . Y is u a1J � �. ;K:k.l ;s 5' • . co. A;. ,L r*C.,m,,A yt m A N.e_ � y p�9,6 k PERSON AND A'�ED �RODLTE�¢TO:w' �[ Air Quality Section: DATE: Ground Water Section: DATE: Water Quality Section: DATE: - Other: DATE: INSPECTOR: 2� 7Z7 - DATE: ? REVIEWER: ' d - DATE: -REGIONAL ENGINEER: - DATE: ! f �21 y' State of North Carol Department of Eaviro ent and Natural Resources Division of Land Resources James B. Hunt, Jr., Governor NCDENRCouOa iv Wayne McDevitt, Secretary r,.„"mmmaw o n�gmou� Charles H. Gardner, P.G., P.E. November 7, 1997 Director and State Geologist MEMORANDUM To: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission From: Susan B. Edwards N j Mining Program Secretary Land Quality Section Re: Mining Permit Application Request for CCC Sand & Gravel Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining permit application for the above referenced project. - ,....... .._. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G. S. 74-51 (2)). Please respond by December 7. 1997 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater. fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contactp Mr. Tony Sample at (919) 733-4574 if you have any questions. SBE Attachments ,r!' cc: Mr. Toby Vinson Geological Surrey section - Land Quality section 124 99 (919)733-2423 (919)733-4574 FAX: (919)733-0900 FAX: (919)733-2876 _ P.O. Box 27687, Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employers 50%Recycled/ 10/%Post-Cmampe a Pa 4�/v''//e frfc V('54 4h f Wiar n,V Arl-Crd W 1na)lJc Al ati a kja^#4 L > 50vtr�A,�. ` A �� j : . . __ _ 1� ��`' t ®� Author: Susan Edwards at NROLR01P Date: 12/9/97 2:35 PM Priority: Normal Receipt Requested TO: Tony Sample Subject: CCC SAND & GRAVEL ------------------------------------ Message Contents ------------------------------------ 12/9/97 2:40 P.M. BENNETT WYNNE CALLED TO ADVISE THAT HE HAS "NO COMMENT" ON THE CCC SAND & GRAVEL MINING PERMIT APPLICATION - SAMPSON COUNTY MOV-06-97 TMU lt :27 AM CAROLAMP. OEOLOGrC(L 9I97790e17 NORTH CAROLINA DEPARTMENT OF ENVIRONNIENT, HEALTH, AND NATURAL RESOURCES LAND QUALITY SECTION , .. 2���M�n MININ APPLICATION FOR A G YERMI'I' E (PLEASE PRINT OR TYPE) �r! NOV 14 1997 J Bye 1. Name of Mine (VAnt i{oe Z County "ISO 2. Name of Applicant* CC C 5(W0 s Clzavaz 3. Permanent address for receipt of official mail** �2 Fo. T30x 131 pv¢L�Np�o� Nc 2�2t6 - ot31 Telephone 919 - 17fe- ti91 4. Mine Office Address 1395 Green Farm Lane: Tvanhna _ ar. 9AGG] Telephone (910) 532-6070 5. Mine Manager 40MACE N,TsauaR We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. we fully understand that any willful misrepresentation of facts will be cause for permit revocation. /� a �y ***Signature `�' a&c. Date �� `� / Print Name T.E. CHAH-�LfA Title pR;4+ImE l * This will be the name that the mining permit will be issued to and she time tbat must be indicated oa the reclamation bond fsePuritvlbond fsesuritvl that corresponds to this site. '• The Land Quality Section must be notified of any changes in the permanent address or telephone number. ••` Signature of company officer required. G.S. 94-51 provides that the Department shall grant or drnY an glicatlon for a permit within 60 days of receipt of a cemn�i� application or, if a public Ircaring is held, wi m 30 days followmg the hearing and the filing of any su p emental information required by the Department. All questions mua he added and all required reaps provided before this application can he considered complete. Attach additional sheets as needed, HOV-06-97 THU 03 :06 PM CAROL IHA. CEOLOGICAL 9197790017 P. 02 r 0 APPLICATION FOR A M IUNG PERMIT A Ft AVIT OF NOTIFICATION I, 7 C. . C ct LJ , 7-_ an applicant or an agent or employee of an applicant, for a new Mining permit, or a modification of an existing Mining Permit that adds adjacent land to the Mining Permit, from the N.C. Dee��aassttinent of Environment, Health, and Natural Resources, being first duly sworn, do hereby attest that the following are known owners of record, both private and public, of the land adjoining the proVased minim permit boundaries and that notice of the pending application has been caused to be mailed, by certified or registered mail, 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) _ �E13E17a�, �ag�ctt3c�r��n 1�r� T6,$ox 130 ,.,LpL�,aC NL ZB�tO� (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 the proposed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief Administrative Officer Name) (Address) J_ VzaY+ D.. 1-61M , C0V'Jr3 f R"'X(.VL u35 'Kc�wgr� R CL.�ji. NC 3 °o 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 the owners of record of the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-54 and 15A N.C.A.C. 5B .0004(d). I Understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide the o D ent upon?r�et ` .zz!�/ q Date Signature of Applicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) . L- • C1A (title of person i executin ffidavit) a Notary blic of the County of , State of North Carolina, do hereby certify that personally 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 dV of Notary My Commission expires: • -18- ■■.ram f DATE TO ASSISTANT � f 9 /-9 DATE TOUSAN 7 -y7 LAGGED IN - /F[ 7iT'1 MINING CHECKLIST FOR ROUTING Company CC e y-L) d(%e- P Project Name Permit No. County 49 n* .PS*k Date Received Reviewer Please make copies of check) to include with Central Office and Field Office files and log in checks. * E] New ❑ Renewal ❑ Modification ❑ Transfer ❑ Release ❑ Additional Informationy' ❑ Fee Needed By Fee Received: Amount /475 Od, 00 Please route to: Z Field Office Date Routed /1-7-9 QWildlife Resources Commission Date Routed / Q * �Archives\and History Date Routed/-�—7— / 7 Vif 0 ther• / )V�4 FI C�Date Routed Suspense Date for Comments: d- 1- `; 7 (Date received +30 days, not on weekend) ❑ Please note the following: *SUSAN: Please make file and return Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan State of North Carolina Department of Envirot 1 • and Natural Resources �� Division of Land Resources James B. Hunt, Jr., Governor NCDENR ":tTH CAROU"DEFRTMFN OF Wayne McDevitt, Secretary Error Rommmw AMD Nr4LRwL RESOURCES Charles H. Gardner, P.G., P.E. Director and State Geologist November 7, 1997 MEMORANDUM To: Mr. Bennett Wynne Habitat Conservation Program Coordinator Wildlife Resources Commission From: Susan B. Edwards Mining Program Secretary Land Quality Section Re: Mining Permit Application Request for CCC Sand & Gravel Ivanhoe Pit #2 Sampson County Please find attached for your review a copy of the mining permit application for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G. S. 74-51 (2)). Please respond by December 7, 1997 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Mr. Tony Sample at (919) 733-4574 if you have any questions. SBE- Attachments cc: Mr. Toby Vinson Geological Survey Section Land Quality Section (919)733-2423 (919)733-4574 FAX: (919) 733-0900 FAX (919) 733-2876 P.O. Box 27687, Raleigh,North Carolina 27611-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer 50%Recycled/10%Post-Conte Paper CDC SANG AND GRAVEL,INC. BuawwON,N.C. 003849 PERMIT ApPLIDATION FOR IVANHOE PIT #2 1�ea.0j Q TOTAL Isee. aa W NORTH CAROLINA DEPARTMENT OF ENVDIONMENT, HEALT Z AND NATURAL RESOURCES �S U LAND QUALITY SECTION y f11 APPLICATION FOR A MINING PERNUT (PLEASE PRINT OR TYPE) 1. Name of Mine IVAMI{Oc IR, k 0 Z County SAmtso�t 2. Name of Applicant" CC C 5An0 f CRgvc 3. Permanent address for receipt of official mail** P.O. 130,c 1,51 "QiveuN[.To�i NC 212- 1 u • 0191 Telephone `I1q - ZZ(e - 11 S I 4. Mine Office Address 1395 Green Farm Lane: Tvanhnu . yr 7nea7 Telephane (910) 532-6070 5. Mine Manager IAOrtace WNIT;nuzR We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. / { /�/ •••Signature v' ,• C�/•AQ.t,.aGG[,t/ Date Print Name t.C . CHaN ue0. Title ?R' sroenrl This will be the name that the mining permit will be issued to and she name that must be indicated on the reclamation bond (security) that corresponds to this site. '• The Land Quality Section must be notified of any changes in the permanent address or telephone number. "•• Signature of company officer required. O.S. 74-51 provides that the Department shall ggrant or deny an application for a permit within 60 days of receipt of a co application or, if a public hcarin is held, within 30 days followingg the hearing and the filing of any supplemental information required by the Department. All questions must be addressed gpd all required maps provided before this application can he considered complete. Attach additional sheers as needed. , APPLICATION FOR A MINING PERMIT ■ x All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses nMy. detailed mine map. be clearly conveyed on a corresponding, A. GENERAL CHARACTERISTICS OF THE MINE Answer g_ll of the following that apply: 1. a. If this is an ap lication for a D, W permit, indicate the total acreage at the site to be covered by the permit this is the acreage that the "new permit" fee will be based upon): 0 - 0 Of this acreage, how much is owned and how much is leased? Acres owned: b Acres Ieased:g 1. n Property owner if leased: 1 1 b. If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a minin& permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No . If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): 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 Ll of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed) by the mining operation? es_ No (if no, a "minor modification" fee of$50.00 is required, despr the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a minin&permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Indicate the approximate longitude and latitude, in degrees-minutes-seconds, of the center of the.mine site: LONGITUDE (dd-mm-ss):_ 7g-- 1t. -- o Quadrangle: F-OWAr4 WeL LATITUDE (dd-mm-ss): 3K --_,3t� --_1 3. Name of all materials mined: -2- APPLICATION FOR A MINING PERMIT 4. Mining method: Hydraulic Dredge ✓ Front-end Loader & Truck Shovel & Truck Dragline & Truck Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) — '3S, Reference elevation: 70 b. Expected average depth of mime (feet) zs' 6. Has any area(s) at this site been mined in the past? Yes No—L-- If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: acres (identify all areas on your mine map(s)). b. When and by whom was this activity conducted? c. Acreage of previously affected land at present site that has been reclaimed: acres (identify all areas on your mine map(s)). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes No . If yes, how much? acres (identify all areas on your mine map(s)). 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry (oI acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland acres Pasture acres Forestry !� acres Fish/Wildlife 55 acres Recreation acres Other acres (Specify use: ) 9. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Four (4) copies of the county highway maps and four (4) copies of all mine maps and reclamation maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 27602 (919) 733-7600 Clearly label and mark the location of your mining operation on the county highway maps. -3- APPLICATION FOR A MIIiIING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements lasted below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading, d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. gg Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. Outline and acreage of all settling and/or processing wastewater ponds. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100 year floodplain limits and wetland boundaries. o. Names of owners of record, both public and private, of all adjoining land. p. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales must, at a minimum, meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 100-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet -4- APPLICATION FOR A MINING PERMIT A tablelchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other Wmaor aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining . A table/chart similar to the followmg will be acceptable: _ CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles Wastepiles Processing Area/Haul Roads Mine Excavation Other NOTE; IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE- SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED BE CONSIDERED C�OMPLETEWITHOUT AOUGHOUT LL TIME � ITEMS BEING ADEQUATELYMS APPLICATION WILL L ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT C. PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involve washing the material mined, recyclin process water, or other waste water handling? Yeses No_. If yes, briefly describe all such processes including any chemicals to be used. SPNO W%Lk t5S WA%4- "0 SQZ20 � UAU2vJr. WPIUX ti2�rvt Ii RFO(,C 1�otESS . Wae;; W4Ccl rrto� PIaN� FIH� YOc'[P�Uii Wlll TSi Z2N2Nc0 u MW1kl4 P11 ANC RECILLc0 . T.+c¢.i Will 3a NU ZWAOn24fl OF W4 eTe W4 k , b. Will the operation involve discharging fresh or waste water from the mine or plant? Yes No 'f— . !f yes, briefly describe the nature of the discharge and locate all proposed discharge points (along with their method of stabilization) on your mine map(s). c. Will any part of the proposed mine excavation(s) extend below the water table? Yeses No_. If yes, do you intend to dewater the excavation(s)? Yes_ Now. 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 jeer of the proposed excavation area. Provide data to support any conclusions or statements made. In&sate whether the proposed mine locale is served by a public water system or private wells. t l\eRe dH-Zi NO WFIIS W �.��N 500 d. If the mine will extend below the water table, what is the pre-mining depth (in feet) to the seasonal high and low ground water tables? High 05' ft. Low zo' ft. What is the,source of this information? MoNaoR,,.ic W F Ls CN 5k'J e. 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, etc.) from the Division of Environmental Management, Water Quality Section. APPL%c.Arko1 AA-S T�cT'N mnnc Tu NC- Jcr^ Wq it QvAL,T-1 . t 5cC koN ?ZooE�SWt; C0VErtnC,E UWN(2 CkOrv@Zak NPDc� SrC2N w��rt R� --r NCC.07 0000 . -6- APPLICATION FOR A MIINIING PERMIT 2. a. Will the operation involve crushing or any other air contaminant emissions? Yes No_4. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Environmental Management, Air Quality Section, or local governing body. b. How will dust from stockpiles, haul roads, etc., be controlled? ERto-b%t- 7taDAl FiiZon LJ� Tc2 -1�.vtK FlS N�Eoco 3. Describe in detail the chronological sequence of land disturbing activities and reference the sequence to the mine map(s). Attach additional sheets as needed. 1 . o�-nlN Ati 1 EL< SSac...l 7.. E7-CAQA' a to tN%—" L m'N%r" Azcq U`I C�21 Nt, M P'(TdiAL �U CUN S:ILJt.j t��U�RSIUN 3�R.+'1S, S. KC.. N M�N�NC 4. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include speck plans for sediment and erosion control for mine ezcavation(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 shall be required when needed to justify the adequacy of any proposed measures.SEC seol ZTVJ AN7 Ei vZU5to UN%Lo\ tJAzRA %VE: ON J11C 1PtA,4 .? APPLICATION FOR A MINING PERNM 5. a. How wide a buffer will be maintained between any mining activity and any adjoining permit boundary or right-of-way? Buffers must be located within the permit boundaries. Buffers along mit per boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and widths on the mine map(s). 50 FEE' 4mzouN7 IETCHI,{ 12�mE ic1Z b. How wide a buffer will be maintained between any land disturbing activities within the permit boundaries and any natural watercourses and wetlands? Buffers along natural watercourses and wetlands must be undisturbed. Show all buffer locations and widths on the mine map(s). No WETlANIgS APOIE 3c EMI 17� ICE C 5 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. 51-0PE MAINTAINEJ) IN 51-0f-5 A4)C UE WAItL P7 ]RCrNI l0 fLStMIi TJOVN 7(LRY_ b. Describe other methods to be taken during mining to prevent pphysical hared to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. ,rUE rtTur„iTC`) ASLcYa 15 CrZm R�c 7WHN 30U t'fiLONt ANi 5-rzut.;JTL� oz 9Uz izora'.:, . -g- APPLICATION FOR A MINING PERMIT c. 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). A PE{,{L.0 W kL U We 4k-r- '�� t'�rr�ru�l t N A�.►Ln r�,t R c��s�. d. Provide a cross-section on the mine map(s)for all fill slopes (berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. N /�1 e. In excavation(s) of unconsolidated (non-rock) materials, sped 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). 5EL SkTc P�,A'Q 1FOa CiZ,:SS 5Z,,10 -3 N 1� f. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross- sections of the mine excavation clear yl noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. N 1A 7. Are acid producing minerals or soils present? Yes No__V—. How will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- APPLICATION FOR A M NING PERMIT 8. 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 spacings, sizes and species for tree plantings. SI, rz 15 LucC+- er? � .}j iMILc� '[ZON\ OQ-v3 N u v+Simi, SCRL'-tN %A3 C, %5 NCCcS sAz}-t. 9. Will explosives be used? 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 roperty from flying rocks or excessive air blasts or ground vibrations. Locate the nearest q�site occupied structure(s) to the proposed excavation(s) on the mine map and indicate its approximate distance to the proposed excavation. 10. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No �L . If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the locations) of all storage facilities on the mine map(s). 11. Are any processing waste, overburden or other such mine wastes to be disposed of off-site? Yes Now .' If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site map(s) showing the locations) of the disposal area(s). Include all specifications for erosion and sediment control. -10- APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the general methods to be used in reclaiming this land. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). SfE RttLLama-rionl h1ARRAiI�k Onl S:c iJ�uN M• NIN(, FM"2-C�A Wlll BE CEfj A-} q l.'QKcr r � S �]IOCK(�llE will, BC l�l.PN iC7 I� C��SScS s �I NcS 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes +- No.. 1f es, illustrate the location of the b j(s) of water on the reclamation map and provide a scaled Yes, through the proposedd body(s) of water. The minimum average water depth must be at least 4 feet unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes�- No.. If yes, specify species. J�Ats 1B LUEC ILL b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined area. Provide details and locations of any permanent water outlets on the reclamation map. �e 17EPtt-I] 01= ttk M%N%h" tXC4\jA-r1u4 WiLt At0w A CO^f:\MUCUS Ih)Fww Ut �2ouN� wgTc"�l Kw� SURfi>•C� wa-r�i -I1- APPLICATION FOR A MINING PERMIT 3. Describe provisions for safety to persons and m adjoining property in all completed excavations in manent rock including what kind of per barricade will be left. Construction details and locations of all permanent barricades must be shown on the reclamation map. N /P 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 nap. ALL OVL-nl UTt0EN IuP50tL, ETC WILL i3E S ucu P«En ANO SOLO SIL"[ FRar^ t"5"z+ ocez51NC PLn�r wilt. but LE to 1307-1o(1 0i- t.AQ - 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. Ide %t "j S OCVLPICE {urea WILL ZE 5EEnbn t,+IzN GRA SScS prl f} Q1N 25 fV5 FME5CR-k(�-0 WCTZe IN. b. Will any on-site roadways be left as part of the reclamation? Yes_ No If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. -12- APPLICATION FOR A M04ING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. N /N -r+�ezz WC No eoNnS oR 5er '' EE r PA, %NS. 7. Describe the method of control of contaminants and disposal of scrap metal,junk machine cables, or other such waste products of mitring. (Note definifion of refuse m The Muting Act of 11). No oft-site aenerated waste shall be disposed of ou the mine site without oriar written approval from the NC Department of Environment, Health, and Natural Resources, Land Quality Section and either the Division of Solid Waste Management (DSWM) or local governing body. If a disposal permit has been issued by DSWM 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 mop(s) and reclamation map, along with a list o items to be disposed in said areas. Acc Scr_" ME-L L ANo o7NETL NcAl- So.� Wq5 w«c CSc COULELI& two �\7 mcce�SA'a.-t 8. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Provide design information, including iy ical cross-sections, of an permanent channels to be constructed as part of the reclamation plan. Indicate the location(s) of all permanent channels on the reclamation map. lue IZCiUQN J,:CFI t�JzarA !4E PLANj d,Z_rA iJ 'E {C 1111NIN(, Pof ID W1C.1 13e -3ACi4FILt.en -t0 6_42AZc WM4 -µt EN712e 1CAN'' ANO SiUCK�tIt NrZm 15GtN(, CZA7C') -ro -%U\XJ INTO 'jpNO (A. IT NOW 9. Provide a schedule of reclamation that indicates the sequence of reclamation and approximate time frame. If reclamation is to be accomplished concurrently with mining, then clearly indicate on the mine map(s) and reclamation map each segment that is to be mined and reclaimed during each year of the permit. Add drawings showing typical cross-sections and final features of the proposed reclamation. �. SlA31U2.c 5lo(Ye] plj0 ve WnTcR l.EU7 ANC Ca�a7e -To 21 ATZEA 3. (RAF �LPNI Si0(KPIIC Q ]cA To DRAtn Iv iv M,NW(. PoNa . �. SetrS two5Zo NaZAS NS 1 c.ScR-I�i✓n j, �N S'gll NcCC-�S WZ) rr'�cN i.ES -13- APPLICATION FOR A M qNG PERMIT 10. 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, time and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. NOTE: The Revegetation Plan must be approved and signed by one of the following: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment, Health, and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment, Health, and Natural Resources; f. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tons/acre): A«o�7�r4L +o 50« =�T5 ocz APPLI 3 oar j°/ate C,a0IJ N'7 0Mc FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): Soo k"I", to- "i -+O 6�TI,'i 1-'Zc4 SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): ENSacokA B4�ti1AC4�7S 50 °/p� ana � L - �v�7 �S 5CFZ ICtrA LES?C Z)C 7-\ 3a "/A, ,-121L I Jugsi Co"nr 0" 4 h/4� k - )-',j 1$ CETLmAn M\Llcj lv tiO�A� AfRi� 1 - �ui� 1� MULCH - TYPE AND RATE OF APPLICATION (pounds/acre) AND METHOD OF ANCHORING: PIMI 41000 kbla� GzRIN C - a�,aZ..ist ('n�ILC.A . Art(;,)L 0+70 pti5P�l.Pti TA u�� RoJk Nc, , 01Z OTHER VEGETATIVE COVERS - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING SEEDING SCHEDULE` l�(pounds/acre, trees/acre, spacing of trees/shrubs, etc): LD (.0 L.l� 1 lNC ^2 0 (-IFE( LZN i eQ Revegetation d/or reforestatio plan approved by: Signature k Date _ 11- 7-q 7 Print Name liiEZ Jz Title �za5s �r GEewc ,9 � a .tuzo} _ Agency -C CFv"c4& SraLQk(_Cj INC -14- yy APPLICATION FOR A MINING PERMIT 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 o $SIX) to $5,000 per affected acre)for each permiaed mine site based upon the acreage approved by the epamnent to be affected during the life of the mining permit, reclamationPlease insert'j"CgVe,,bjegff, ad to providedeach carego from the Schedule of Reclamation Costs AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds O Ac. X $ lAc. _ $ Stockpiles �_ Ac. X $ 180(J /Ac. _ $ 5400 Wastepiles O Ac. X $ /Ac. _ $ Processing Area/Haul Roads 3 Ac. X $ I 00 /Ac. _ $ 59 00 Mine Excavation 55 Ac. X $ SCO /Ac. _ $ 1-1600 Other Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: (0 1 Ac. �r Temtwrary & 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, measures will be needed to prevent offsite sediment. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1500 / Ac. _ $ SUBTOTAL COST: $ 38WO Inflation Factor: 0.02 X SUBTOTAL COST: $ -71v(o X Permit Life (1 to 10 years): 7(oto0 INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ TOTAL RECLAMATION BOND COST: $ 3`t 000 . (round down to the nearest $100 . 00) _15 �,�i� APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS The "Notice" form, or a facsimile thereof, attached to this appplication must be sent certified or registered mail to all landowners who are adjoining (contiguous to) the permit boundaries as Indicated on the mine map(s). The only ex lion to the above is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department) must be mailed with the completed Notice form (the proposed overall permit boundaries and the names and locations of all owners of record of land 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. NOTE: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND_ FOR PERMIT MODIFICATIONS THAT ADD ADJACENT LAND TO A MINING PERMIT. n SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -16- NOV-06-9T TMU 03 [06 PM CAROLINA. GEOLOGICRL 9197190017 P. 02 APPLICATION FOR A MINING PERMIT AFFH)AVIT OF NOTIFICATION I, T E 1lw N.�1 sL , an lleant, or an agent or employee of an applicant, for a new Mining Permit, or a modificaboan existing Mining Permit that adds adjacent land to the Mining Permit, from the N,C. Deppaarrttment of Environment, Health, and Natural Resources, being first duly sworn, do hereby attest that the following are known owners of record, both private and public, of the land adjoining the proposed mining permit boundaries and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners of record at their addresses shown below, such notice being glvT on a form provided by the Department! tyA (Adjoining Landowner Name) (Address) p i CEoa2M. I�w Pc29oraRn lN� 1.h.8oe 130 Wwuwte NL 2846L I (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 the pm sed mining site is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said office at the following address: (Chief ,A1dministrative Officer Name) (Address) l�ER24 D . (tonAS. CbvNrt mANA6ftL 43$ QUHgN 1?o. CLI V-'V NC 22b2o 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 the owners of recordof the adjoining land and the chief administrative officer of the county or municipality in compliance with N.C.G.S. 74-50 and 15A N.C.A,C, 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide the - o tl�*D ent upon � iA / c) 7 Date Signature of Applicant If person executing Affidavit is an agent or employee of an applicant, provide the following information: (Name of applicant) ; (title of person executing Affidavit) 11 , a Notary Public of the County of , State of North Carolina, do hereby certify that personally 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 , 19 Notary My Commission expire: APPLICATION FOR A MINING P• • 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 mgurrar 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. 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 ' N-, j . C�2..,,1�.�/ -r-��+• Print Name: & el 2 Print Name: Address D� / • d• 0 e x / Title: !"itC 5/p'e�✓ /� Aanne // �• s , /✓• C. „78 �'!-'f' Company: Telephone 91 - s 3 y 7A Mine Name: = ✓R-s1 �o� �l T *Signature must be the same as the individual who signed Page 1 of this application. Four (4) copies of the completed aopLcation four(4) copies of all mine mans and mclamation Maps and theappropriate processing fee (see next page for fee schedule) In the form a check or money order payable to the North Carolina Departmeot of Environment, Health, and Natural Resources must be sent to the Land Ouality Section Central Office at the address listed on the front cover of this application form. Inquiries re aiding the status of the review of this application should be directed to the Mining Program staff at (919) 73g-4574. -19- CAROLINA GEOLOGICAL SERVICES, INC. P.O. Box 429, GARNER. NC 27529 Pt4ome: (91 9)779.001 7 Fax: (919)779-7227 November 7, 1997 Mr. Jerry D. Hobbs Sampson County Manager 435 Rowan Rd. Clinton, NC 28328 Subject: Notification of Application for Mining Permit CCC Sand&Gravel, Inc., Dr. Kerr Road, Ivanhoe,NC Dear Mr. Hobbs: Please find enclosed a "Notice of Application for a New Mining Permit" by CCC Sand & Gravel, Inc. As you may know, CCC Sand & Gravel, Inc. has operated a sand mine on the property of J&K Farms, near Ivanhoe for over 2 years. To further enhance the reserves and production capability of the operation, they are moving the operation approximately 4000 feet east, still on the property of J&K Farms. CCC Sand & Gravel, Inc. is required by the NC Mining Act of 1971, to notify you of this action. You are not required to respond in any way. If you have any questions, please call Mr. Larry Roach, CCC Sand& Gravel, at 910-226-1181. For CCC Sand&Gravel, James C. Izzell,Jr.,PG Carolina Geological services, Inc. enclosure NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that CCC 54"o ' G%zc Ega has applied on Nov 7 , 19ci7 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit (b) a modification to add adjacent land to an existing surface mining permit ❑ The applicant proposes to mine SAr o on (v 1 acres located (Mineral, Ore) (Number) 2 6vLnt of IVANFIe C (Miles) (Direction) (Nearest Town) offlnearroad S .R. lies in SAMP50N C0(i C me of(Road Number/Name) (Na County) 'SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written commcnt(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 Depaztment 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.are 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 further information call (9l9 733-4574, e e that e willconsider relevant u e e e Mining c f 7 u u li n 'ew process until a final decision is made on the application. Jea,cy �_ a�n3s, Cw�� mPNALK C �.N:oN Nr. Z8328 (Addressee's Name and Address) No u. 7 1 rtc1'1 (Date of Issuance of this Notice/Mailed to Addressee), CCC SANo '. C.1AV INL (Name of Applicant) 10 .8cr (31 , 8 �2�� n14-uN NC 712.1(o - 013 ( (Address of Applicant) -17- CAROLINA GEOLOGICAL SERVICES, INC. P.Q. BOX 429, GARNER, NC 27529 PHONE: (919)779-001 7 FAX (91 9)779-7227 November 7, 1997 Federal Paperboard Inc. P.O. Box 130 Wallace, NC 28466 Subject: Notification of Application for Mining Permit on Adjoining Property CCC Sand & Gravel, Inc., Dr. Kerr Road, Ivanhoe, NC Dear Sirs: Please find enclosed a "Notice of Application for a New Mining Permit" by CCC Sand & Gravel, Inc. As you may know, CCC Sand& Gravel, Inc. has operated a sand mine on the property of J&K Farms, near Ivanhoe for over 2 years. To further enhance the reserves and production capability of the operation, they are moving the operation approximately 4000 feet east, still on the property of J&K Farms. Since your property adjoins J&K Farms, CCC Sand & Gravel, Inc. is required by the NC Mining Act of 1971, to notify you of this action. You are not required to respond in any way. If you have any questions, please call Mr. Larry Roach, CCC Sand& Gravel, at 910-226-11 S 1. For CCC annd,�& Gravel, Y�- James C. Izzell, Jr., PG Carolina Geological services, Inc. enclosure NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that CU S""o 5 GQwvet. , I,vL has applied on Nc v 1 t59'7 (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment, Health, and Natural Resources, P. O. Box 27687, Raleigh, North Carolina 27611, for (check one): (a) a new surface mining permit El (b) a modification to add adjacent land to an existing surface mining permit The applicant proposes to mine SAr. O on (D 1 acres located (Mineral, Ore) (Number) 2 bV�.T of IVANI{CL NC (Miles) (Direction) (Nearest Town) off/near road S .R. 1105 in 5A8AP5CN (cuV (Road Number/Name) (Name of County) *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50, the mine operator is required to make a reasonable effort to notify all owners of record of land adjoining (contiguous) to the proposed mine site (permit boundaries), and to notify the chief administrative officer of the county or municipality in which the site is located. Any person may file written comment(s) to the Department at the above address within thin% (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 are on file and available for public review during normal regional hours at the above listed address as well as at the appropriate re nal office. For further information call (919 733-4574. Mlevant written e MEning7 vi w process until a final decision is made on the application. rE9E2AL. 17 :rc�o AzO 1 ��, WALLACE NL LS1I66 (Addressee's Name and Address) Nov. 1 1 140i7 _ (Date of Issuance of this Notice/Mailed to Addressee); CCC 5A.1O I Ca . Imo. (Name of Applicant) �O. U' cx 131 ��2�ItiL��:ly NL 7-7Z1(o -0191 (Address of Applicant) -17- \ Ar All \ 0a,> ry \ w RA m VAM:e} /} \ rM CAWlp 'Lll yr a'l1 a..ra uu 4 aTREE, 1112 a.n ELIE r e L11 •) 1 Wt � Allo H; Y } `\ 6 m v HERE (TI:. o. to 9GCF u N�w� • 'Y r\ V rP u ` Jlil \ • rP l� .to THE took 1,,\ THE Rzcj —r Rni rwi LOfATION LEA w'� LEE uu 6�] Lu... �.. All llla ig( r L S k -A c"ALAND A) a l / N ; 8 O r t C n� yS a, R 9 ' It E N SAMPSON COUNT` D NORTH CAROLINA PREPARED By THE Xzk_w 1011_Eva At NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DMSION OF HIGHWAYS—PIANNING AND RESEARCH BRANCH LiEl _ ,yi IN coCH11A N WITH YM ur-ue U.S.DEPARTMENT OF TRANSPORTATION -mi rm-(EE FEDERAL HIGHWAY ADMINISTRATION is-1112. Egg-Im MILE m TO town w.D mx •NEAR MILE we INL RXIEMeHTS North Carolina Department of Environment and Natural Re rMV p 519 / Division of Land Resources, Land Quality Section MINE INSPECTION REP T / (PERMITTED MINE) 1. MINE NAME IVANHOE PIT #2 2. MINING PERMIT # 82-19 3. OPERATOR CCC SAND 6 GRAVEL. INC. 4. COUNTY SAMPSON ON 5. ADDRESS PO BOX 131 BNRLINGT , NC 27216 6. PERMIT EXPIRATION DATE_._ 8 7. RIVER BASIN CAPE FEAR 8. Person(s) contacted at site / A7� .Ho.2A�r 4./l7llAt,1 9. Was mine operating at time of inspection? It YYcs ❑ No 10. Pictures? ❑ Yes EPNo 11. Date last inspected: n') /N�i Ne' k 12. Any mining since last inspection? 2-Ye-s ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? � ❑ No If no, explain: _ 14, Is the mine in compliance with the Reclamation Conditions of the Permit? 9 Ye's ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes B No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: IS. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) C9'Not Reviewed 19. Follow-up inspection needed? ❑ Yes Er&o Proposed date 20. No. of additional pages of Inspection Report T6. 21. Copy of Report sent to operator /Z2! `/Sj ('� (date) INSPECTED BY: ) Jam,.,..: csr. DATE /[ l Z/l Telephone No: (%io 1 YZZ /r9/ While copy to file ,Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural Reso i s,AUG 20 1998 Division of Land Resources, Land Qunlity Section MINE INSPECTION REP R. (PERMITTED MINE) I. MINE NAME E -- 7 2. MINING PERMIT # S L - 161 3. OPERATOR 4, COUNTY Sit,NoJo„i 5- ADDRESS -i /�/ /.,. v /✓C2-h�i/_ 2 '12t� 6. PERMIT EXPIRATION DATE 01 : o ) zoogf 7. RIVER BASIN /,I?e f: .r,i 8. Person(s) contacted at site i/LI - /& .ram r Klfir f.� c 9. Was mine operating at time of inspection? DoY6s ❑ No 10. Pictures? ❑ Yes 3-No 11. Date last inspected: /0 //v / '1 12. Any mining since last inspection? 0-Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? ❑ Yes 8'N6 If no, explain: Ti/E OJf'a N>..i /....oiv.. + ,r n/. /y-._.i .�/. -• 14. Is the mine in compliance with the Reclamation Conditions of the Permit? es ❑ No If no, explain: 15. Did any of the above deficiencies result in offsitc damage? ❑ Yes EIVo If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: fi ' 17. Other recommendations and comments: I S. Is the Annual Reclamation Report +/•map accurate? ©ems 11 No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes ETZo Proposed date 20. No. of additional pages of Inspection Report Copy of Report sent to operatoro9//9 / tdP 9 T (date) INSPECTED BY: J S Gs+ 1f4;e i. - DATE o //1/ l9Y Telephone No: , ,. , I v✓! r.r<rI While copy to file rellow copy to operator Pink copy to Mining Specialist 10197