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HomeMy WebLinkAbout20230321_Application Elliott Consulting 202 Elliott Road PO Box 112 Aydlett, North Carolina 27916 Adam Parr Phone: 252-339-9021 NC Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 - ----—-------------------------------------------------------------- --—--------------------- Subject: Mary L. Sawyer Mine-Mining Permit Modification Application Dear Mr. Parr: On behalf of Brandon P. Williams, president of C &W Grading& Excavating, Inc., Elliott Consulting is requesting review of a Modification Application for Mining Permit#70-34 for an expanded mine operation slated for development in Nixonton Township, Pasquotank County, North Carolina. The operation is referred to as the Mary L. Sawyer Mine based on family ownership of the property and includes a total permit area of 21.83 acres. The following documents are enclosed to support the Application (6 copies of each): a Mining Permit Modification Application $750 Permit Modification Processing Fee • Mine and Reclamation Maps • USGS Quad Site Map We respectfully ask for your review of the above-listed enclosures as they support the requested mining permit application for the proposed Mary L. Sawyer Mine excavation. Should you have any questions or need any additional information, please do not hesitate to contact me. We thank you for your time and review of this request. RECEIVED Regards, << C' �'� �_ MAR 212023 < LAND QUALITY SECTION Ken Elliott Elliott Consulting 02-02-2023 13112 C &W GRADING & EXCAVATING INC. FirstCitizens B 661 BAYSIDE ROAD mm E ZABETH CITY,NC 27909 6630/531 02/01/2023 GRADING.& 252-337-5449 251-339-0760 EXCAVATINGf 5 PAY TO THE NCDEQ ««750.00 ORDER OF Seven hundred fifty and 00/100»»»»»»»'»»»"»"»"»»"»`»»'»»»"»»»»».«««.,.««««.««««»«.»»«,.»...»...................«..«.... DOLLARS € NCDEQ NCDEQ Div. of Energy, Mineral & Land Resource r Land Quality Section ����Z\�✓! \ 1612 Mail Service Center MEMO Mine Permit#70-34 Modification A SIGNATURE C & W GRADING02& EXCAVATING INC. O 13112 Mine Permit#70-34 Modification 750.00 C & W G 08 Mine Permit#70-34 Modification 750.00 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTE:It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE- APPLICATION MEETING to discuss your intentions and address any questions. 1. Name of Mine Mary L. Sawyer Mine County Pasquotank River Basin Pasquotank Latitude(decimal degrees to four RECEIVp places) 36.250928 N Longitude(decimal degrees to four MAR 212023 places) -76.203522 W 2. Name of Applicant C & W Grading & Excavating, InCLAND QUALITY SECT]ON Applicant Contact Brandon P. Williams Consultant Contact Kenneth Elliott Applicant Email brandon@cwgrading.biz Consultant Email ken@kenobx.com Telephone 252-339-0760 Telephone 252-339-9021 Cell Phone 252-337-5449 Cell Phone 252-339-9021 Permanent Address for Receipt of 3' Official Mail" 661 Bayside Road, Elizabeth City, NC 27909 4. Mine Office Address 00000 Sand Pit Road, Elizabeth City, NC 27909 5. Mine Manager Brandon Williams, Wesley Coker Mine Manager Email brandon@cwgrading.biz, wesley@Qwgrading.biz Telephone 252-339-0760 Cell Phone 252-337-5449 1 certify that all details contained in this permit application are true and correct to the best of our knowledge.We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature"' /Ll-P. f, ILt Date Print Name Brandon P. Williams Title 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 Division of Energy,Mineral,and Land Resources must be notified of any changes in the permanent address or telephone number. 'Signature of company officer required. G.S.74.51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or,if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information required by the Department.All questions must be addressed,and all required maps provided before this application can be considered complete.Attach additional sheets as needed. Revised September 21, 2021 P a a e l NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTE:All the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine.All responses must be clearly conveyed on a corresponding,detailed mine map. A.GENERAL CHARACTERISTICS OF THE MINE 1. Answer all the following that apply: This is an application for a NEW permit. F� Indicate the total acreage at the site to be covered by the permit (This is the acreage the new permit fee will be based upon.) Of this acreage,how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: FX] This is an application for a MODIFICATION to a mining permit. Mining Permit Number. 70-34 Total permitted acreage: 21.83 Does the modification involve acreage within the previously approved permitted boundary? ZYES F�NO If yes,indicate the acreage to be covered by this modification 8.06 Does the modification involve acreage outside the previously approved permitted boundary? FIYES rXI NO If yes,indicate the additional acreage to be covered by this modification NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover removed)by the mining operation? YES FXINO If yes,indicate the acreage to be affected within the acreage to be added to the permit The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. This is an application for TRANSFER of a mining permit Mining Permit Number: Total permitted acreage: Revised September 21, 2021 P a g e 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: Sand & topsoil 3. Mining Method: Hydraulic Dredge []X Front-end Loader&Truck QShovel&Truck 0 Dragline&Truck 0 Self-loading Scraper RExcavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet)30 Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.) Natural ground level Expected average depth of mine(feet)25 ft 5. Has an area at this site been mined in the past? YES X NOFJ If yes,when and by whom was this activity conducted?C&W Grading, permitted in 2016 6. Estimated life of the operation(years):10 NOTE:The Department may request clarification on how life of mine was calculated. Revised September 21, 2021 P a g e 3 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 B.MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county highway map.These maps,in addition to six(6)copies of all mine maps and reclamation maps,must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C.Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,51^Floor Raleigh,NC 27699-1612 Raleigh,NC 27604 Http:llportal,ncdenr.org/webllrlgeolo(iical home (919)733-2423 County highway maps may be obtained from the N.C.Department of Transportation: Mailing Address Physical Address NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Cad Sandburg Court Raleigh,NC 27699.1587 Raleigh,NC 27610 hftp:llwww.ncdot.M/it/gis (919)212-6000 2. A tablelchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,waste piles,processing areas/haul roads,mine excavations and any other major aspect of the mining operation that is proposed to be affectedldisturbed dudng the life of the mining permit.A table/chart similar to the following will be acceptable: AFFECTED ACREAGE TABLE: For new permits,complete only the total affected acreage column. For modifications,complete all columns. CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED ACREAGE AFFECTED ACREAGE ACREAGE Tailings/Sediment Ponds 0.00 0.00 0.00 Stockpiles 0.46 0.25 0.71 Waste piles 0.00 0.00 0.00 Processing Areas/Haul Roads 2.24 0.00 2.24 Mine Excavations 5.00 7.65 12.65 Other(Please explain) 0.53 0.20 0.73 Total Affected Acreage 8.23 8.10 16.33 Total Permitted Acreage 21.83 0.00 21.83 P;avised September 21, 2021 P a g e 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 3. Mine maps must be accurate and appropriately scaled drawings,aerial photographs,or enlarged topographic maps of the entire mine site.All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage.Thus,all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient to dearly illustrate the following,at a minimum: a) Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b) Existing or proposed permit boundaries with geographic controls(e.g.metes and bounds,coordinates)labeled c) Initial and ultimate limits of clearing and grading d) Outline and width of all buffer zones(both undisturbed and unexcavated) e) Outline and acreage of all pits/excavations f) Outline and acreage of all stockpile areas g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all processing plants(may be described as to location and distance from mine if sufficiently far removed) i) Locations and names of all streams,rivers,and lakes j) Outline and acreage of all settling and/or processing wastewater ponds k) Outline and acreage of all planned and existing access roads and on-site haul roads 1) Location of planned and existing on-site buildings m) Location and dimensions of all proposed sediment and erosion control measures n) Location of 100-year floodplain limits and wetland boundaries o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary must be provided on the mine map. p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s).NOTE:"Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q) Map legend 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0—49 acres 1"=50' 50—199 acres 1"=100' 200+acres 1"=200' NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items. NOTE:In addition to the above,the maps must also Include any site-specific information that is provided in the answers to the following questions(italicized quesdons/statements)In this application form.This application will not be considered complete without all relevant items being adequately addressed on the mine maps. Revised September 21, 2021 P a g e 15 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C.PROTECTION OF NATURAL RESOURCES I. 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. See Addendum-1, attached. 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 sectlons/construcdon details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. a. Operator will construct 2ft tall x 8ft wide(2:1)vegetated berm for erosion control along the north, northeast, south and west perimeter of the affected areas. b. Operator will construct 4ft tall x 18ft wide (2:1)vegetated berm with foliage for erosion control and visual screen along southeast perimeter of the affected area. c. Operator will install riprap rock dams in two existing ditches on west side of affected area for sedimentation control. d. Operator will construct temporary gravel construction entrance at intersection of pond access road and Pitts Chapel Road. 3. A)Will the operation involve washin the material mined,recycling process water,or other wastewater handling? OYES NO If yes,briefly describe a[I such processes including any chemicals to be used. nla B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? FX_1YES FINO If yes,briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of stabilization)on the mine map(s). A 0.42-acre(204ft long x 90ft wide)excavated sediment pond will be constructed in the southwest comer of the excavation area which will be utilized to dewater the main 4.1-acre excavation. Surface area of water in pond will be t0.42 acres. An 8-Inch dewatering pump will be established between the main excavation and the sediment pond(see map)that will transfer water from the main excavation to the sediment pond at its northeast end. An overflow device will be established at the southwest comer of the sediment pond,approximately 250 feet from the inlet pipe at the northeast comer. Overflow(clear)water will be directed by pipe or ditch to the Newbegun Creek swamp& wetlands,thence to a blue line stream leading to Newbegun Creek and the Pasquotank River. Rip-rap will be established at the outflow to prevent erosion. Operator will dewater the excavation down approximately 20 feet below natural ground level into the sediment pond. Outflow water will be monitored quarterly at the sediment pond outfall for sediment until the end of excavation and de- watering. Revised September 21,2021 P a g e 16 Mary L.Sawyer Mine—Permit#70-34 Modification. C&W Grading&Excavating, Inc. Addendum-1 C. Protection of Natural Resources a. Operator will obtain all required mining permits from NCDEQ. b. Operator will maintain one existing and construct two 50-ft wide pond entrance roads to excavation area with ditches&rock dams in place to prevent sedimentation from leaving affected areas. c. Operator will remove topsoil down to 2.5 feet below natural ground level, and stockpile overburden for use in erosion control berms. d. Operator will construct 2ft tall x 8ft wide (2:1) vegetated berm for erosion control along the perimeter of the affected areas. e. Operator will maintain 4ft tall x 18ft wide (2:1) vegetated berm with foliage for erosion control and visual screen along southeast perimeter of the affected area. f. Operator will install riprap rock dams in two existing ditches on west side of affected area for sedimentation control. g. Operator will maintain an existing 0.42-acre sediment pond on south end of, and inside of, excavation area, removing sand & topsoil to maximum depth feasible without dewatering the excavation. Sediment pond will be 204 feet long by 90 feet wide with 0.42-acre water surface for sedimentation. Sediment pond will be incorporated into main pond at end of excavation. h. Operator will install dewatering pump adjacent to north end of sediment pond, and water-height control device for overflow control at south end of sediment pond. Overflow water will be allowed to discharge into field ditches leading to Newbegun Creek and Pasquotank River. i. Operator will expand excavation of main pond(5 acres)north and east of sediment pond to permitted excavation area (12.65 acres) by digging with excavator and removing sand & topsoil to maximum depth feasible without dewatering the excavation. j. Operator will dewater excavation into sediment pond, discharging overflow water from sediment pond into field ditches leading to Newbegun Creek and Pasquotank River. Operator will dewater main excavation down approximately 20 feet below normal groundwater level. k. 3:1 cut slopes will be constructed around excavation edge down to normal groundwater level. As water is removed from excavation, 2:1 cut slopes will be constructed below normal groundwater level around excavation edge. 1. Pond will be excavated to average 25 feet and maximum 30 feet below seasonal high groundwater level while dewatering is maintained. m. When final excavation of pond is complete, dewatering will be discontinued, and pump shut down & removed. Groundwater will refill the excavation to normal seasonal high groundwater level. n. Operator will then excavate & remove the land between the main excavation and Mary L.Sawyer Mine—Permit#70-34 Modification. C&W Grading&Excavating, Inc. sediment pond to maximum depth feasible without dewatering the excavation, allowing formation of one pond totaling 12.65 acres. o. After all excavation is complete,operator will establish groundcover on 3:1 above- water slopes of excavation and will construct 8ft wide 4:1 berm around excavation edge to prevent erosion of pond slopes,with outside edge of berm graded down to natural ground level. p. Former stockpile / berm areas and processing areas outside of main excavations will be graded, leveled, and seeded with groundcover. Areas will be allowed to return to natural field state. q. Internal roadways and haul roads will be graded,leveled,seeded with groundcover, and allowed to return to natural field state. A field path will remain around the perimeter of both ponds. r. Operator will grade and level access road to Pitts Chapel Road back to original non- erosive state. s. Remaining affected areas inside permit area will be fertilized and returned to natural field state. t. Remaining ponds will be utilized by landowners for scenic&recreational purposes, and as wildlife habitat. NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)Will any part of the proposed mine excavation(s)extend below the water table? AYES FINO If yes,do you intend to dewater the excavation(s)? RXYES FINO Estimated withdrawal rate in gallons per day: DO 000.00 If yes,what impact,if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine map(s)that lie within 500 feet of the proposed excavation area.Provide data to support any conclusions or statement made,including any monitoring well data,well construction data,and current water withdrawal rates.Indicate whether the proposed mine locale is served by a public water system or private wells. One well located within 500 feet of excavation area, area served by private wells only. No problems reported. D)If you answered yes to any of the above questions,provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program.In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources,Ground Water Management Branch,if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. Operator has received Stormwater NPDES Discharge Permit#NCG020902. Operator has registered water withdrawal with NCDEQ DWR. 4. A)Will the operation involve crushing or any other air contaminant emissions? YES ©NO If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. n/a B)How will dust from stockpiles,haul roads,etc.,be controlled? Spraying or spreading water from water supply trucks or excavator on haul roads and process areas will control dust. Stockpiles will also be sprayed with water weekly if necessary to control dust. Revised September 21, 2021 P a g e 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of-way.It may be an unexcavated buffer(no excavation,but roadways,berms,and erosion&sedimentation control measures may be installed within it),an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two, depending upon the site conditions.Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions.Show all buffer locations and widths on the mine map(s). 25ft unexcavated buffer around all sides of affected area containing haul roads, access roads &erosion control berms. In addition, on the west side of the excavation area the operator will establish a minimum 50ft wide undisturbed buffer between the unexcavated buffer and adjacent wetlands or blue-line stream. 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). Operator will establish a minimum 50ft undisturbed buffer west of the excavation area between the unexcavated buffer and adjacent wetlands or blue-line stream west of the excavation area. 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. Exposed excavation slopes will be constructed at a 3:1 gradient during mining. B)Provide a cross-section on the mine map(s)for all fill slopes(berms,waste piles,overburden disposal areas,etc.), clearly indicating the intended side slope gradient,installation of any benches and/or slope drains(with supporting design information)if needed,and the method of final stabilization. Revised September 21, 2021 Page 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping.Cross-sections for all cut slopes must be provided on the mine map(s). Cut slope from natural ground level to water level will have 3:1 grade, and cut slope from water level to bottom of excavated area will have 2:1 grade. 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. Not applicable, no hard-rock excavation. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling,house, public road,or public,commercial or industrial building from any mine excavation.Locate all such structures on the mine map if they are w0hin 300 feet of any proposed excavation. Mine excavation area is located adjacent to private road maintained by NCDOT and adjacent landowners. Mine access road entrance(gated)is 0.6-mile from nearest paved road(SR 1169 Pitts Chapel Road). Nearest dwelling,occupied intermittently,is located 150 feet north of closest point of excavation and will be screened by constructed Oft tall foliated berm. Dewatering pump will be located 300 feet from nearest dwelling and will be situated behind sand berm or below normal ground level to minimize noise from pump. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented.Vegetated earthen berms,appropriate fencing and adequate boulder barriers may be acceptable high wall barricades.A construction detaillcross section and location of each type of barricade to be used must be indicated on the mine map(s). No high wall areas in permit area. Operator will construct foliated berm just inside permit area boundary or just outside of excavation area to discourage inadvertent public access or 4-wheeler access to excavation area. Access to excavation area will be by private gated access road through operator's private property. "No Trespassing" signs will be installed around affected area boundaries. 9. Are M roducing minerals or soils present? YES Ix NO If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled? n/a Revised September 21, 2021 Page 19 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 10. A)Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures.Show the location of all visual screening on the mine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Excavation area will be screened from nearest dwelling's view constructed 4ft tall foliated berm topped by shrubs, and 0.6-mile distance from closest public road. All other parcels adjacent to mine area are vacant. Mine area will be accessible only by gated mine access 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? No public parks or forests located near permit area. 11. will explosives be used? YES a NO If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third-party blasting study).Locate the nearest offsite occupied structure(s)to the proposed excavations)on the mine map and indicate ifs approximate distance to the proposed excavation. n/a 12. will fuel tanks,solvents,or other chemical reagents be stored on-site? FIYES �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). Fuel for excavation equipment will be brought onsite by truck as needed. Revised September 21, 2021 Page 110 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 D.RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s).In addit/on, 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. a.When final excavation of main pond Is complete,dewatering will be discontinued and pump shut down&removed. Groundwater will refill the excavation to normal seasonal high groundwater level. b.Operator will then excavate&remove the land between the main excavation and sediment pond to maximum depth feasible without dewatering the excavation,allowing formation of one pond totaling 12.65 acres. c.After all excavation is complete,operator will estabilsh groundcover on 3:1 above-water slopes of excavation,and will construct 8ft wide 4:1 berm around excavation edge to prevent erosion of pond slopes,with outside edge of berm graded down to natural ground level. d.Former stockpile 1 berm areas and processing anus outside of main excavations will be graded,leveled and seeded with groundcover. Areas will be allowed to return to natural field state. e.Internal roadways and haul roads will be graded,leveled,seeded with groundcover and allowed to return to natural field state. A field path will remain around the perimeter of both ponds. f.Operator will grade and level access road to Pitts Chapel Road back to original non-erosive state. g.Remaining affected areas inside main permit area will be fertilized and returned to natural field state. h.Remaining ponds will be utilized by landowner for scenic&recreational purposes,and as wildlife habitat. 2. Is an excavated or impounded bodnNO water to be left as part of the reclamation? FX-1YES if yes,illustrate the location of the body(s)of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s)of water.The minimum water depth must be at least 4 feet,measured from the normal low water table elevation,unless information is provided to indicate that a shallower water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? F I X YES FINO If yes,specify species. Bass, bream, bluegill, catfish or crappie. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left.Acceptable permanent barricades are appropriate fencing,large boulders placed end-to-end,etc.Construction details and locations of all permanent barricades must be shown on the reclamation map. Not applicable, excavation is in sand only, no rock present. Revised September 21, 2021 P a g e 11 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping.Final cross-sections and locations for such areas must be provided on the reclamation map. Overburden in berms around excavation area will be used for low 1 ft tall erosion control berm constructed around pond perimeter during reclamation. Any leftover overburden will be spread over former berm & processing areas and incorporated into soil. These areas will be graded, levelled, fertilized and seeded with groundcover during final reclamation and allowed to return to natural field state. 5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways. Processing areas, former stockpiles and haul roads located outside of excavation area boundaries will be graded, levelled, fertilized and seeded with groundcover and allowed to return to natural field state. Berms and non-berm areas in unexcavated buffer will be graded, levelled, fertilized and seeded with groundcover and allowed to return to natural field state. 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 road and ditch line stabilization. Pre-existing dirt access road used by NCDOT other companies will remain after C&W Mine reclamation. Operator will grade and level access road back to original non-erosive state. Field path will be left around excavation area during reclamation for pond access. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining.(Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality,Division of Energy,Mineral,and Land Resources and either the Division of Waste Management(DWM)or local governing body.if a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application.All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map,along with a list of items to be disposed in said areas. No plans to bring off-site generated waste for disposal in mine. All scrap metal, junk machinery or equipment will be removed from mine site and will be transported to the Pasquotank County Landfill, Elizabeth City, NC for proper disposal there. Revised September 21, 2021 Page 112 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed,fertilizer, lime and mulch per acre.The recommendations must include general seeding instructions for both permanent and temporary revegetation.Revegetation utilizing only tree plantings is not acceptable.Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service,Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service,Department of Agriculture and Consumer Services; f. N.C.Erosion and Sedimentation Control Planning and Design Manual; g. N.C.Surface Mining Manual:A Guide for Permitting,Operation and Reclamation; h. Others as may be approved by the Department. Lime Rate of Application(tons/acre): 2000 lbs./acre or follow recommendations of soil test 1000 lbs./acre 8-8-8 or 10-10-10 or follow Fertilizer Analysis and Rate of Application(Ibs/acre): recommendations of soil test Seed type(s)and rate(s)of application included Year-round seeding schedule(Ibs/acre): NOTE:Include legumes SEED TYPES SEEDING DATES SEEDING RATES Lbs./Ac re Kobe Lespedeza February 15-April 1 10 Bahiagrass 50 Redtop 1 Winter Rye(grain) 15 Common Bermuda April 1-.July 31 50 Lespedeza(unscarified) August 1-October 30 German Millet " 40 Rye(grain-temporary) October 25-February 15 120 Mulch Type,Rate of Application(Ibs/acre),and Method of Anchoring: All seeded areas will be mulched using small grain straw at a rate of 2000 lbs./acre and anchored appropriately Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(Ibs/acre,trees/ acre,spacing of trees/shrubs,etc.): Plan written from recommendations taken fromNC Surface Mining Manual:A Guide for Permitting,Operation,and Reclamation Revegetation and/or reforestation plan awroved by • 112 ewe�ir...�iie..wb„SignatureKenneth EIIloft t» Date 02-01-2023 Print Name Kenneth Elliott Title Consultant Agency Elliott Consulting Revised July 13, 2021 P a g e 113 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit Please insert the approximate acreage,for each aspect of the mining operation,that you intend to affect during the He of this mining permit Lin addition,please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds 0.00 Ac. X $ /Ac. = $ 0.00 Stockpiles 0.71 Ac. X $ 1,800 /Ac. = $1,278.00 Waste Piles 0.00 Ac. X $ /Ac. = $ 0.00 Processing Area/Haul Roads 2.24 Ac. X $ 1,800 /Ac. = $4,032.00 Mine Excavation 12.65 Ac. X $ 500 /Ac. _ $6,325.00 Other Unexcay. Buffers 0.73 Ac. X $ 1,800 /Ac. _ $ 1,314.00 TOTAL AFFECTED AC.: 16.33 Ac. TOTAL PERMITTED AC.: 21.83 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 16.33 Ac. b) Positive Drainage Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST:$ 1 2,949.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 12,949.00 X 10 = $2,589.80 Total Reclamation Bond Cost: ETOTALECLAMATION BOND COST= SUBTOTAL+INFLATION = 059500.00 Round down to the nearest 100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74.54 Revised September 21, 2021 Page J 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 SCHEDULE OF RECLAMATION COSTS Based upon range of$500-$5,000 per affected acre COMMODITY CODES: SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale GS Gemstone FS Feldspar OL Olivine PE Peat Borrow Borrow/fill dirt MI Mica KY Kyanite/Sillimanite/Andalusite AU Gold CS Crushed Stone LI Lithium PH Phosphate TI Titanium OT Other TYPE TIS PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION SG,GS,Borrow $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) 1500(FI) 2000(PD) CS,DS,FS,MI,LI, 500(L) 500(L) PF,OL,KY 1800 2000 2000 1500(FI) 2500(PD) PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) 1000(L) 2000(L} CL 2500 5000 5000 2500(FI) 3700(PD) 1000(L) 2000(L) PE,AU,TI,OT 2500(FI) 2500 3000 3500 5000(PD) (L)=Reclamation to a lake and revegetating side slopes (FI)=Reclamation by filling in and revegetating (PD)=Reclamation by grading for positive drainage&revegetating AS PER NCAC 15A 56.00030 IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET,YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD-PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center,Raleigh,North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING,AS A MINIMUM: •FINAL GRADING COSTS PER ACRE •LIME AND FERTILIZER COSTS PER ACRE •YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE(FROM APPROVED REVEGETATION PLAN IN APPLICATIOWPERMIT DOCUMENT) •MULCH AND ANCHORING COSTS PER ACRE •ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Revised September 21, 2021 Page 115 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 F.NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,return receipt requested,to: (1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s);and (3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track, or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy,Mineral,and Land Resources. A copy of a tax map(or other alternative acceptable to the Department)must be mailed with the completed"Notice"form(the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION" Revised September 21, 2021 P a g e 116 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bt)of The Mining Act of 1971,Notice is hereby given that PERMIT MODIFICATION INSIDE EXISTING PERMIT BOUNDARY, EXISTING ADJACENT OWNER NOTIFICATIONS ON FILE has applied on to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612,for(check one): Fla new surface mining permit, Fla modification of an existing surface mining permit to add land to the permitted area;or Fla modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modtfication(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine on acres located (Mineral,Ore) (Number) (Number) miles of off/near road (Direction) (Nearest town) (Number,Name) in County. 'SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS' In accordance with G.S.74-50(bt),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feel 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 pan of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: For information on the mining permit application review process,please contact the Mining Program stag at(919)707-9220. Please note that the Department will consider any relevant written commentsldocumentagon within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Addressee/Omer of Record's Name and Address Name of Applicant Include Contact Person&Company Name,If Applicable Date of Issuance of this Noticaftiled to Addressee/Omer of Record Address of Applicant Revised September 21, 2021 Page 117 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 AFFIDAVIT OF NOTIFICATION I, an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.Department of Environmental Quality,being first duly 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 feel of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail,return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: PERMIT MODIFICATION INSIDE EXISTING PERMIT BOUNDARY, EXISTING ADJACENT OWNER AFFIDAVIT ON FILE. Adjoining Landowner Name Address Attach additional list ff necessary. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said office at the following address: Chief Administrative Officer Name Address (i.e.:City Manager,County Manager,Mayor,etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl)and 15A NCAC 5B.0004(d).I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant,provide the following information: Name of Applicant Title of person executing Affidavit I, a Notary Public of the County of State of North Carolina,do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal,this day of 20_. Notary: My commission expires: Revised September 21, 2021 P a g e 118 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699.1612 Division of Energy,Mineral,and Land Resources (919)707.9220 G.LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S.74.56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.74.59. LANDOWNER: APPLICANT: Signature Signature" Print Name Mary Lou H. Sawyer Print Brandon P. Williams Tide(rfapplicable) Landowner Tide President Company(if applicable) n/a Company C&W Grading & Excavating, Inc. Address 1894 Weeksville Road Mine Name Mary L. Sawyer Mine Elizabeth City, NC 27909 Telephone 252-339-0760 Telephone 252-335-7204 Date Signed Date Signed 1 . 31 o D,3 `Signature must be the same as the individual who signed Page 1 of this application. One original and five(5)copies of the completed application.six(6)conies of all location maps,mine maps and reclamation maps,and the appropriate processing fee In the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220. 8e:dsec Septemb—7-1 202- Pace 119 Ll t t ` 1 z T � 4 _ + I 3.0 O''Park '. •� + �. ;` 7 r � � a ~ ..+• r ems.. _` • 1 , O f •L _.. .� Sys de am 2,6 `�y sm Or 'ITT 01 1 � r Radio , Tower L \• 3 - Mary L Sawydr Mine Sand Pit Road. f LIZABUHI r Elizabeth City� MU PA Permit Area *M loc j '• Excavation Area�.•. , . j' 113 Sediment Pond werside _. -- ze � erce� h w �.. v r - J n4piP-so i . Cem mom am -