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HomeMy WebLinkAbout57-10_1_Redacted Department of pneiru f Quality North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTIONPORT (PERMITTED MINE) 1. MINE ivnivaG '�.'•� �:i; rtl %�t� 2. MINING PERMIT # t,�—�L• 3. OPERATOR TJr^-v>t...a. �7/�tY.{L— 4. COUNTY f1't-sr-t; 5. ADDRESS % r• �ot/s!'t- f`7ttiri !1G �2 / 6. PERMIT EXPIRATION DATE j H (� .7-/J/ f 7. RIVER BASIN LTI� 8. Person(s) contacted at site ` 9. Was mine operating at time of inspection? L8'Yes ❑ No 10. Pictures?�4J Yes ❑ No It. Date last inspected: 4 f 62.�3 / 12. Any mining since last inspection? t0'Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? !8'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 LE'No If yes, describe the type and severity of the damage: %4 16. Corrective measures needed and/or taken: � .65 5 2fl11 l• ', QUAU OGRAV 17. Other recommendations and comments: n — 5 e,a r v ei G. 18. Is the Ann al Reclamation Report +/_map accurate? In Yes ❑ No (Explain) of ReviewedJ SCu/1tL._ .. '&I !lie41�—lS/.1J,Q. . 19. Follow-up inspection needed? ❑ Yes �,2'No Proposed datc,—:- 20. No. of additional pages of Inspection Repot;t:eL)-.7T. Copy of Report sent to operator ! / ,{),I l e/ (date) INSPECTED B �( �3 DATPP' Telephone No: ("f)l White copy t0 file Yellow copy to operator Pink copy to Mining Specialist 10197 t ROY COOPER Cowman MICHAEL S. REGAN C Secretary Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources mrevn w,aror ENNUMNnreM WALnY April 6, 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7015 0640 0007 9831 3309 Mr. Thomas E Sterrett Rose Creek /Mine 115 Terrance Ridge Drive Franklin, North Carolina 28734 RE: Check No. 253 Mining Permit No. 57-10 Rnaw Croak Mina_ - Macon County Dear Mr. Sterrett: Please find enclosed Check No. 253 that you recently submitted to this office for the remaining owed operating fee for the above reference permit. On January 23, 2018, this office received Check No. 1007 issued by First Citizens Bank for $300.00 for your operating fee. You were notified orl January 25, 20 i8 that an additional $100.00 was required. On March 29, 2018, we received Check No. 253 for an additional $300.00. The remaining balance is $100.00 not $300.00. Therefore, I am returning this check for your disposal and respectfully request that you replace it with a check for $100.00. Please send a check in the amount of$100.00 for the operating fee for of Mining Permit No. 57-10 for the year 2017. If you have any questions concerning this matter, please contact me at (919) 707-9220. Sincerely, le'll Uj, Judith A. Wehner Assistant State Mining Specialist) Enclosure: Check No. Check No. 2253, LOM letter and Invoice - cc: Ms. Shawna Riddle Nothing ComparesM State of North Grolm I Environmental Quallly I Energy,Mineral and Land Resources 512N.SallaburyStmet 116@Mall Service Ceder I Raleigh North Carollna27699-1612 9197D7@DO North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources Annual Mining Permit Operating Fee Invoice Session Law 2017-209 enacted anew annual mining permit operating fee of$400 permitting permit number. By statute, the Initial payment of this annual $400 fee must be submitted to this office by December 31,2017. 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 and/or revocation of your mining permit. Annual Mining Permit Operating Fee Coverage Period: October 4, 2017 to June 30, 2018 Invoice Date: December 1, 2017 Annual Fee: $400.00 Notes. 1. Pay by mail with a checklmoney order payable to DEQ. 2. Please remit payment to: Via US Postal Service: Via PedEx/UPS: Division of Energy, Mineral, and Land Resources Division of Energy, Mineral, and Land Resources Mining Program Mining Program 1612 Mail Sarvice Center 512 N Saliahury St 601 Flnnr Raleigh, NC 27699.1612 Raleigh, NC 27604 3. Please include your mining permit number and mine name on all correspondence. 4. Non-paymant of the _nn al foe by fine payment due date will initiate late fees and the Y...a„„a;fo; permit revocation. 5. A$25.00 processing fee will be charged for returned checks. Please return this portion with your payment Mining Permit Number. 57-1a Annual Operating Fee Period: 10/4117 —6/30/18 Permittee: ' r'l0'11nt t: en Date Due: 1 2131/2 01 7 y1 Mine Name: nlXrrLULL m4e- Amount Due: *DV44100, Check Number: cic I807 rrDy "306 `° u I ROY COOPER C Corernw MICHAFL S. REGAN '1 sewemry Energy,,Mineral& TRACY. DAVIS o, rot Land Resources ENVIRnNXENiRL OIIpLIiY December 1, 2017 Thomas E. Sterrett Thomas ESterrett 115 Terrace Ridge Drive Franklin, NC 28734 RE'. Mining Permit No. 57.10 Rose Creek Mine Macon County Dear Thomas E. Sterrett: 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, 2017 as SL 2017-269, all existing mining permits and any newly issued mining permits are to be issued for the life of site orfor the duration of the lease term. TI 1'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 leper herehy modifies year 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 nermif 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 force and effect, Furthermore, 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 [ease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee or$400 per'mining perinitnumber. By statute, the initial payment of this annual $4C0 fee must be submitted to this office:il by Dees mper 31 '2017—see the attached Invoice to remit the initial annual fee payment by this deadline' Beginning in 201Q 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 $501month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. . . . Lastly, pursuant to GS §74-54, the cap on,reclamation bonds has been raised from$500,000 to$i.million,-Any adjustments needed in existing bonds will be initiated by this office or addressed during your next reques mit ted peraction 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 Slate Mining Specialist, or me at(919) 707-9220, Sincerely, William "Toby"Vinson, Jr., PE, CPM Interim Director,DEMLR st.kel'Nnrth Carolina I EavhvnmenWl QoNllty I Entq Wico 1mid Land umes 512N.Salisbury Rrre( 116c NW11 Snvke Cento l WMgh Nonh Cwoiina 27o>5 1612 vl9lgi9L00 IOU ./lk� <I p � 00'00£$ Is3o1 8L0Z19M a3 sQ 699011£LSZ ON 'NI-IAN'dl:l3 �10 30O1H 30` HHa li 9 L L 00'00£ VONIl 'li3]N i31S ouiW8aaa0aso-LIO129 (,DOT 0 0 0 0 0 0 :aunowy :aweN aagljosgng :jGgwnN jun000y 113UH315 b'ONII :GweN jun000d MEE y STERRETT, LINDA 115 TERRACE RIDGE DR FRANKLIN NC 28734-0869 .r.■ Y 27695 1 AB 0.400 *0030481 S1 DIVISION OF ENERGY, MINERAL & LAND RES o MINING PROGRAM w� AAA 1612 MAIL SERVICE CENTER CIO RA.LEIGH NC 27699-1600 TBbOCOO :xFIdI 6TO-XH6OC9b TTT ROY COOPER eaPER 1 'MICHAEL S. REGAN Se[rerery Energy,Mineral& TRACY DAVIS go- ror Land Resources ENVIPGNMENiAt allAlllY December 1, 2017 Thomas E. Sterrett Thomas E Sterrett 115 Terrace Ridge Drive Franklin, NC 28734 RE: Mining Permit No. 57-10 Rose Creek Mine Macon County Dear Thomas E. Sterrett: 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, 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 forfuture reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, 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 and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations, The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms. Judy Werner, Assistant Slate Mining Specialist, or me at (919) 707-9220.- Sincerely, William "Toby" Vinson, Jr., PE, CPM Interim Director, DEMLR Slab ul'Noah Gmlina I EM Mnme,MalQl,allly I Energy,Mimi ml coin Wld M,xma ces F r MAI5rMm Cmm IIto@Inh North Llmllna VMO 1612 ,pN. 0 er r[ . Ifil2_ _ 919ID79200 � - North Carolina Department of Enviroammt and Natural Resources, Divides of Laud Resources, Land Quality Section MINE INSPECTION REPORT (PERM T= MUM 1. MINE NAME/�OS6_ GrZ_LfJC 't4l k�F' 2. MINING PERMTT # d /-/LO 3. OPERATOR -7-lfn A%� 'rz::12 6-7-r 4. COUNTY 5. ADDRESS l) S- —rr t fGrR.F, f'1zI url� ?4 6. PERMTT EXPIRATION DATE DR/.31/a o/ 7. RIVER BASIN R, Pe�cnalal at site ,441Z.. 7F _TI- I 9. Was mine operating at time of inspection? LO'Yes ❑ No 10. pictures? ❑ Yea rO'No 11. Date last inspected: O 8/o r{! la 12. Any mining since last inspection? iO"Yes ❑ No 13, Is the mine in compliance with the Operating Conditions of the Permit? LO"Yes [3 No u`uu, cnyiiuu: I 14. Is the mine m compliance with the Reclamation Conditions of the Permit? ❑ Yes O No If no, explain: N/$ 15. Did any of the above deficiencies result in offite damage? ❑ Yes �E]'No If yea, describe the Lrtu a+d s Vatuy of the damagac 16. Corrective measures needed andlor takm: C c7 r-7,_c7 'L a fd o fn Lfd-1 6r )1t� .�../.� ' r.!a✓p ../ <"J.r�/� „ E±� al- 7�hi..Gb /1�...vL. s�n�'7 p-r / O I 17. Other recommendation and comments: Au_.d-ti-R,N Fs ti'/ 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No MVIdn) LO Not Reviewed 19, Follow-up inspection needed? ❑ Yes LE] No Proposed date 20. No. of additional pages of inspection RepottTr 21. Copy of Report a= to opentmd�ldt�/�o/a INSPECTEDBY'Qt✓rn - /'�/t /irS-� � //.r'i/�� DATE4LI c1we;L- Telephone No: Ge3k)/Q 1/ -�SdJ White copy m f to Mow cM 0 operator Pisa copy to hlhdq Spedalht 10197 RECEIVED ju1,4y 2 -0 2012 'AND QUALITY PINING PROGRAM 44 " PlAY North Carolina Department of Environment and-Natural Resources, Division of Land Resources, Land Quality Section MINE IN T O T (PERMITTED MINE) 1, MINE NAME aL KA 2. MINING PERMIT # 3. OPERATOR w t<. 4. COUNTY!AAnh,v� 5. ADDRESS v , I XPATION D 6. PERMIT EIRATE - O 7. RIVER BASIN 1 A+Ir 1<��h . 8. Person(s) contacted at site 9. Was mine operating at time insppection? Yes ❑ No 10. Pictures? ❑ Yes No 11. Date last inspected: / 0 12. Any mining since last inspection? "9 Yes ❑ No 13. Is the mine in compliance ith the Operating Conditions of the Permit? '. 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 10 No If yes, describe the type and severity of the damage: �As 16. Corrective measures needed and/or taken: 5 r r. I V iC 0 JUN 18 20 nnni iry CrrTIf 4 m 17. Other recommendations and coments: A rtrao w 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) Not Reviewed 19. Follow-up inspection needed? ❑ Yes 19No Proposed date tw / I -/ 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operatot0lo/ Irl/ � 1 r I (date) 7 INSPECTED BY: K%(\L I,liycA DATE O(r/ 13/37 Telephone No: j2A ) dq GSM White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolm8 Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE p INSPECTION (JPERNT1. MINE NAME F GS! CX i t D 22. M3NING PERMIT I IJ 3. OPERATOR 1 nta SJC W t 1t 4. COUNTS' 04001ro 5. ADDRESS IIr: T4�au tdr to ILY Wav -Its NG 2fi �3L1 6. PERMIT EXPIRATION DATE_ �1 I t 9 7. RIVER BASIN LT 8. Person(s) contacted at siteF1� Jtlt/ntyf: 9. Was mine operating at time of inspection? @'Yes a No 10. Pictures? ❑ Yes Z"No 11. Date, last inspected: U / 91 / 09 12. Any mining since last inspection? ' ZoYes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? p'Yes ❑ No 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: Nk — r 15..Did any of the above deficiencies result in offsite damage? ❑ Yes ¢I No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: ( 61111AW I ().ev wzn G t n -L✓ I AAA tell OAP YYk 0� S inla t,� -F 6a4)c d bP vv 44 omUP /dtad/e 4aw� t� I 17. Other recommendations and comments: I J I li LAN OUALI'N SECTION 18. Is the Annual Reclamation Report +/-map accurate?,E) Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes .O"No Proposed date 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operatorf,, . INSPECTED BY: WPtI U)�h tl %A6w1* i'1t�l�l.< DATE r` /(t�i0 Telephone No: f e 19) /1 L: White ropy ro ftk Yell"copy to opa r Pin:copy w Mining S)ecw1w r0/97 A A_ l_.___ 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 Geologist Dee Freeman, Secretary August 31, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 1680 0000 1479 4479 Mr. Thomas E. Sterrett 115 Terrace Ridge Drive Franklin, North Carolina 28734 RE: Permit No. 57-10 Rose Creek Mine Macon County Little Tennessee River Basin Dear Mr. Sterrett: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The new expiration date is August 31, 2019. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request 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. 3A, 4B, 5, 9 and 14 and Reclamation Condition Nos. 1 and 2A through F. As a reminder, your permitted acreage at this site is 1.4125 acres and the amount of land you are approved to disturb is 6.91 acres. Since we have received the new $3,200.00,Assignment of Savings Account issued by Carolina First Bank which satisfactorily covers this site, I am returning the $3,000.00 Assignment of Savings Account previously held for this site for your disposal. 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:hftp://www.dlr.enr.state.nc.us/pages/landqualitysection.htmi An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Certified Mail August 31, 2009 Mr. Sterrett Page Two Please review the renewed permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733.4574 should you have any questions concerning this matter. Sincerely, ,f Floyd' "PG, CP State Mining Specialist Land Quality Section FRWlw Enclosures: Renewed Permit No. 57-10 $3,000.00 Assignment of Savings Account cc: Ms. Janet Boyer, PE Ms. Shannon Deaton-WRC, w/enclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures DEPAOTRAEAIT �C ENV10r%K1 RACK11T 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: Thomas E. Sterrett Rose Creek Mine Macon County— Permit No. 57-10 for the operation of a Sand Mine and Borrow Pit Which shall nr vidP that tFhe iiceftilnecc nrnrhir,tivity and soanic valticc of s all lands and waters affected by this mining operation will receive the, greatest practical degree of protection and restoration. MINING PERMIT_EXPIRATION DATE: August 31, 2019. 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 nermit nmvicinnc miigt he maMlo fnr 4hc prnFet-tinn f 4h rroundinnvirnritufvrr ' � evu g e � ie4n n 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 obligatioil�, Se%iired by t he bond or other security on fiie with the ueparimeni, 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, 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 the 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 Whenever used or referred to in this permit, unless the context clearly indicates otherwise, ���rr e. 4.A11 L...��w ♦4.w I��J 1-.. 11-� RA:.-:-- A_1 \1 n e% A '41 Ih «�I IJ �1ion IIaVG LIIC same IIf1ea11111g as Supplicu uy a e 1V1nnng Ad, N.L.G.a. !4-499. Modifications June 6, 1988: This permit, issued to Rose Creek Mine Inc., has been transferred in its entirety to Angus C Martinez, Jr. Agri! 6, 2004: This permit has been departmentally modified to change the mining permit number from Mining Permit No. 56-27 to Mining Permit No. 57-10. December 6 2005: This permit, issued to Angus C. Martinez, Jr., has been transferred in its entirety to Thomas E: Sterrett. Expiration„Date This permit shall be effective from the date of its issuance until August 31, 2019. Page 3 Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the foiio ing conditions and limila ions. 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 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 20 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of tilaL YYatelvv'ar or rrGuallu fIVIFI GILJ.71V11 Vf L IG dffC%A U IdIIU dIIU LU NrC,Cl1%� LAIC integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, water 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. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the mine map dated February 4, 2009 and the supplemental information received on August 22, 2008 and March 9, 2009. 5. All mining permit boundaries (6.91 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. Page 4 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 hecauAp. of s➢tatinn, 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 Nely to becdme, 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 30 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10, A physical barrier consisting of a fence or earthen benn, etc., shall be maintained around the perimeter of any highwall. 11. 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. a n4jning •..-se defined by G.S. 74-49 (14) of The Mining Act of 1971 generated n ._.- 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 msfariol 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 thiosa 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 boundary, the following information must be provided to and approved by the Division of Land Resources rio or to commencement of such disposal: Page 5 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. 12. 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. 13. 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 and any approved revisions to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 14. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $3,200.00 Assignment of Savings Account, is required for this site, 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. 15. 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 RECLAMATION PLAN The Mining Permit incorpvr'atr�.� this �eciamatiVn P!an, the pe ollllalll;e VI VYIIIC:II Iti ct C:Uf1UILIU11 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 likely to become noxious; odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and 9e4v1eci4--I f+rrm+ctices as estabii�hcd kJ— the INUILh Carolina Agricultural Experlf11ent 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 regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for planned future use are as follows: A. All the final perimeter sideslopes shall be graded to a 3 horizontal to 1 vertical or flatter slope. Page 7 B. Any settling ponds or sediment basins shall be excavated to maintain a minimum depth of four feet measured from the low water table and side slopes to the lake areas shall hC r,Y^Jr4Gr1 +A 7 minir„i m 4 horizontal �1 ":cal ".' er a_ "- i__ ., yi�..avra w u 11 n1 n1 F IU111 v �iVi iLvl llal LV I veI Lllydl of IF LLCI E Ll1e lNdler line and 2 horizontal to 1 vertical of flatter below the water line. C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shah be ieveiea and smoothed. D. Compacted surfaces shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in-accordance with Operating Condition 11A through D. F. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reve etation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate. Lbs/Acre February 15-April 1 Korean Lespedeza 10 Fescue 40 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 Ibslacre or follow recommendations from a soil test. Fertilizer- 1000 Ibslacre 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 Ibslacre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass., In additivi�, tiiG F,ermlttee shall cVllsuil vrltll a plulCssFVIIQI viilldlile [`�IUlog"st W ii the IV.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 Rose Creek Mine, Inc.April 19, 1978, transferred to Angus C. Martinez, Jr. and renewed June 6, 1988, renewed August 21, 1998, modified April 6, 2004, and transferred to Thomas E,. Sterrett September 6, 2005, is hereby renewed this 31 st day of August, 2009 pursuant to G.S. 74-52. By: James D. Simons, Director Division of Land Resources UY Author lL of the veiretcli y Of the Department of Environment and Natural Resources. I Q� NCDENR North Carolina Department of Environment and Natural Resources DIVAginn of I and ResourifteS Land Quality Section James D. Simons, PG, PE Michael F. Easley,Governor Director and State Geologist September 6, 2005 William G. Ross Jr.,Secretary Mr. Thomas E. Sterrett 115 Terrace Ridge Drive Franklin,'NC 28734 RE: Mining Permit No. 57-10 Rose Creek Mine Macon County Little Tennessee River Basin Dear Mr. Sterrett: Your request to have the above referenced mining permit, issued to Mr. Angus C. Martinez, Jr., transferred in its entirety to you 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 at this site is 5.0 acres and the amount of land you are approved to'disturb is 1.735 acres. Again, if you should have any questions on this matter, please contact Ms. Kristin Hicklin, Assistant State Mining Specialist; nt t414) 733-4574. ASin rely, to R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FDIAllb" i�rrrnir Enclosures cc: , Ms. Janet Boyer, PE Mr. Bradley Bennett-DWQ, wlenclosures Ms. Shannon Deaton-WRC, wlenclosures Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-73345741 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 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 Pe rn-00 loi i is hereby granted�ted to: Thomas E. Sterrett Rose Creek Mine Macon County--- Permit No. 57-10 for the operation of a Gemstone 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: August 21, 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. Thig nor if ic nnf frMnaferable by the permitted "titli the follo..ing exception. if'aiiotii�r operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, 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 the 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 Whenever 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 September 6. 2005: This permit has been modified to transfer the permit in its entirety from Mr. Angus C. Martinez, Jr. to Mr. Thomas E. Sterrett. Expiration Date This permit shall be effective from the date of its issuance until August 21, 2008. Page-3 - ConditionsThis permit shall be subject to the provisions of the Mining Act, N.C.G.S. 7446, at. 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 Management Commission. It shall be the permittee's responsibility to contact the Dlvisior 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 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. Anv mining activity affecting waters of the State, water 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 mechanic' harriers including but not lirm;ed � diversions, earthen dikes, check dams, sediment retarding structures, rip rep 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. Whenever possible, all drainage from the affected areas around the mine excavation shall be diverted internal to said excavation or into the sedimentation ponds. Said ponds shall be cleaned out when they become one-half full of sediment. C. Mining activities, including the installation and maintenance of the approved sediment basins and associated diversion channels, shall be conducted as indicated on the mine map last revised August 22, 2005. Page 4 . 5. All mine permit boundaries.(5.0 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 affertor�l 1µn— shall be graded Oo as Lo FI W V VI IL c oile%,Ll of pools of wafer 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. ExISLil lg'vegetaLIC711 0l vegetdied ea�Lhen berms snall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer(minimum 20 foot undisturbed) shall be maintained between any excavation and any mining permit boundary or right-of-way to protect adjacent property. 10.. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining'permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse 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 nand acts must be disposed of i;, M 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-beits 5.° steel reinforced air hoses 6. drill steel Page 5 D. If mining refuse is to be permanently disposed within the mining 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, verif6cutio^ that a permanent ve!d%1LUUVV UIWUIid%i%JVV Y�+III be Gstabl1 II U. 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 and any approved revisions 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 $3,000.00 assignment of savings account (of which $2,700.00 is required for this site), 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 r�mpiny anrn;,Intc.r human clzelot�l ramuinv! iiiimediate notifia�iativn Qhaif bV provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. , Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall beat 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. I 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 likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and re Urestation 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: Page 7 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. 10A through 10D. 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 Korean Lespedeza 10 Fescue 4U 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 Ibslacre or follow recommendations from a soil test. Fertilizer: 1000 Ibslacre 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 Ibslacre and anchored appropriately. Page 8 Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the.N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site.. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any p�lhnfl rerlam��inn cl+�ll F,c 1rni�i.nFe.4 i ibl after 1_a:__ .IMHViI .�,�un L.M. u4nlca«u a0 ovVll Q."7 IeaslUle QILCI I.VIII�.JICLIUII VI 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 April 19, 1978 to Rose Creek Mine, Campground and Stables, transferred to Angus C. Martinez, Jr. and renewed June 6, 1988, and renewed August 21, 1998, is hereby transferred in its entirety to Mr. Thomas E. Sterrett this 60' day of September 2005 pursuant to G.S. 74-51. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources .... . . . .... . . . . ... '' �.. _. ___ ___._ Elan 11 Tx $ 11 A. 1 s. is �g S {4: $ e5s� f s q pz a s 4 . ° .4 .k r : ar 00-1 r v 1 . . r h " '*irt : .. a �Q '. fr TMg x x Y KAI ' f 4 4. 4 ae m E: w ° ° x RA. • 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 Geologist Dee Freeman,Secretary July 31, 2009 - CERTIFIED MAIL RETURN RECEIPT REQUESTED 7008 1300 0000 1122 7880 Ms. Linda Sterrett 115 Terrace Ridge Drive _ Franklin, North Carolina 28734 RE: Assignment of Savings Account No. 9102448355 Rose Creek Mine Macon County Dear Ms. Sterrett: Please find enclosed the Assignment of Savings Account No. 9102448355 issued by Carolina First Bank that you recently submitted to this office. I regret to inform you that we cannot accept the Assignment as it appears. The applicant on the assignment form does not match the previously permitted operator/applicant. The permitted applicant is Thomas E. Sterrett. The applicant on the subject assignment of savings account form is Rose Creek Mine. The Assignment form and permittee must agree for legal purposes. You may, however, request a transfer of the permit to a new company/applicant but that would require a transfer request and appropriate processing fee. I am returning the subject assignment to you and providing you with a new form. In addition, please attach a copy of the bank receipt that includes the name of the account holder, the account number and amount of funds in the account. If you or your bank has any questions concerning this matter, please contact me at (919) 733-4574. Sincerely, "hdh A Wehnerhner A. Assistant State Mining Specialist\ ,�d( ^ Lalyd Queiity oeCtion - kXb Enclosures —ASA No. 9102448355, 6n ASA form r t cc: Ms. Janet Boyer, PE y 1612 Mail Service Center,Raleigh, North Carolina 27699-1612 • Telephone 919.73345741 FAX:919-733-2876 _p 512 North Salisbury Street, Raleigh,North Carolina,27604•Internet:hltp:IMww.dlrenr.elate.ne.uxlpagesAandquelitymtion.html An Equal QpuortunAy l Affi stile Action Eal-50%Rl 110%Post Consumer Paper Q� G �� EjA NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James 0. Simons, PG, PE Bevedy Eaves Perdue,Governor Director and State Geologist Dee Freeman,Secretary July 7, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 1122 7729 Mr. Thomas E. Sterrett 115 Terrace Ridge Drive Franklin, North Carolina 28734 RE: Rose Creek Mine Mining Permit No. 57-10 Macon County Little Tennessee River Basin Dear Mr. Sterrett: The review has been completed on the renewal request you submitted for the 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 in the renewal request. The reclamation bond for this site has been calculated to be $3,200.00. The calculation worksheet is enclosed for your review and the bond or balance ($200.00) will be required prior to approval of this renewal. For your convenience, I have enclosed a band 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 1,er—it, I.%. Tiio�T,as E. Merrte—. in addition to one of these alternatives, you may, upon request, substitute a cash deposit. Please be advised that the renewal request cannot be completed until the new bond a;wuni ha's been,received. As required by G.S. 74-51 (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 dea-'iine 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. '812 rviail 8erviur Center, Raleigh, ivorin Carolina 27699-1612 Telephone 999-733-45741 FAX 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604•Intemet:http:/lwww.dlr.enrcstate.nc.uslpagesAandqualitysection.html An Equal Opportunity 1 Affirmative Action Employer-50%Recycled/10%Post Consumer Paper i • CERTIFIED MAIL Mr, Sterrett Page Two - In order to complete the processing of your renewal 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, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, _1 C" n L Tudi40'.'v th ( w A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Ms. Janet Boyer, PE APPLICATION FOR A vIINING PEI VT •)� � � m• ` E. ' DETERMINATION OF AFFECTED ACREAGE AND BOND the jollowing bond calculation .rorkaheet is to be used to establish an appropriate bond(bitted upon a range .. ojS500 to S5.000 per ajjected acre)jor each permitted mine site based upon the acreage approved ,iv the Department to be ajjected during the(ije of the mining permit. Please insert the approximate acreage ibr each aspect a;t.`- — -intperarion. that v.^,u!n•^^d to adage during the fife al this mining permit(in add, ^:ease insert the a ro riate reclamation cost/acre or each care ry 'om the Schedule odec!amatton Costs provided wit rhls application/orm) OR you can deter to the Department to calculate vour bond for you hared- upon Your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: .0AIT Ac. X i Epa°' /Ac. = i /5.75 Stockpiles:. •an Ac. X s pO /Ac. = S x c3-W Wastepiles: Ac. -_ X S /Ac. = S Processing Area/Haul Roads: Ac. X S /Ac. = S Mine Excavation: IT) 4 Ac. X s_A0jr)!o /Ac. Other. Ac. X S /Ac. _ $ TOTAL AFFECTED AC.: t. Ae. (TOTAL PEMMITTED AC.: to e2Y Ac.) �'�t'`S Temnomry & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into pr000sed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedim.-ntation and scdimeataGca to ,,..�..e watercourses and wetlands. a) Internal Drainage !. y$S Ac. b) Positive Drainage Ac. X $1,500.00 = S SUBTOTAL COST: S d 7 drJ 3,S Inflation Factor: 0.02 X SUBTOTaT. POST; $ 1727- AC X Permit Life (I to 10 years): 10 INFLATION COST: S Y07 TOTAL COST = SUBTOTAL COST + INFLATION COST = S 22 eS Total Reclamation Bond Cost: S 3a1dD� (round down to the nearest$100.00) . APPLICATION FOR A MINING PCIT 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) or each permitted mine site based upon the acreage approved by the Department to be affected during the Jife ofthe mining permit. Please insert the approximate acreage for each aspect o the mininz otteration, that vou intend too ect duringthe lien this moon rmit in addition lease insert the a ro riate reclamation cast/acre ar each Cate o om the Sche ule a Reclamation Costs nrovided with this application form) OR you can defer to the Department to calculate vour bond for you based upon your mans and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: .AAIT Ac. X $ pe /Ac. _ $ /b.?S Stockpiles: 16aAc. X $ I&D 00 /Ac. _ $ 463-(40 Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X S /Ac. _ $ Mine Excavation: 1 . 14 Ac. X $ dODa00 /Ac. _ $ aQ6%80a Other: 1. Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: /.41°1$ Ac. (TOTAL PERMITTED AC.: e _ 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 /. y as Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: $ A 7 d'] A Inflation Factor: 0.02 X SUBTOTAL COST: $ a,7Q7. K X Permit Life (1 to 10 years): 140 INFLATION COST: S 6ftu, 4r7 TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ Total Reclamation Bond Cost: $ `.�' aoodo (round down to the nearest$100.00) 3000QD �' 1a_ IJY` 1 I 1lti .t�. +V r � M� Wehner, Judy From: Riddle, Shawna Sent: Tuesday, July 07, 2009 11:13 AM To: Wenner, Judy Cc: Riddle, Shawna Subject: comments for# 57-10 Rose Creek Mine Judy - The map looks adequate. The permit boundary Is not labeled on the map, but it Is apparent where the boundary lines are. Also,the map does not have a legend. Thanks-Shawna Si Riddle - Shawna.RiddrCdncdenr.¢ov North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources-Land quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 1 MINING CHECKLIST FOR ROUTING Applicant's Name. -rhAYvhn 97(q2v✓c'" Project Name: �A&4 I& 5940 ApplicJ ermit No.: County: pA,mw l Date Received: (sI a Reviewer. River Basin Name•. r�lnn�ee ❑New ,Renewal ❑Modification (inside permit boundaries) ❑modincation (outside permit boundaries) []Transfer o Release ❑Partial Release �/Addltlonal Information ❑Fee Needed: $ ❑Fee Received: $ package to: Regional Office (2 complete copies:attach the"LQ5 Regional Office Mining P,ppiieatfon Revew Checklist"to one copy and attach h2th the DWQ and DAQ 'Mining Application Review Form"to the other copy,send both copies to the Regional Engineer) Pate: Routed Reed 0 Division of Water Resources Date: Routed Reed ❑NC Wildlife Resources Commission Date: Routed Reed ❑US Fish &Wildlife Service Date: Routed Reed (Only new applications and modification raqueato that add land to the permit) Please route first 3 pages of the poicatien and any location mapg 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) 0 Division of Archives & History Date. Routed Reed (Only new applications) 0Other. Date: Routed Reed **Suspense Date for Comments: (no later than 25 days from receipt) f f 0 Please note the following: Ubnn) nPA"). f-fL(f YULIAA U�ln) Rose CreeK Mine r c 115 Terrace Mdge Dr Franxiin, INC 28734 www,rosecreeNmine.COM 828-349-3774 June 10, 2009 Ms. Judith Wehner . Larld ldYa HLY JMlon 1612 Mail Service Center Raleigh, NC 27699-1612 Dear Ms. Wehner Enclosed are the 2 maps as requested by your letter on April 6, 2009 to Rose Creek Mine, permit number 57-1 D. Please let us know N we can provide any other information to you. Thank you for your assistance in this matter. Linda M. Sterrett 1�,CENEv 1UN.1`'2099 �y00Up1ATY SECTION Warning—Gem Mining Can Be gddicUve A RECEIVED JUN 12 2009 LAND QUALITY MINING PROGRAM •- a i .,.I A7�,LA 0 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 Geologist Dee Freeman, Secretary April 8, 2009 Certified Mail Return Receipt Requested 7008 1300 0000 11222 5077 Mr, Thomas E. Sterrett 115 Terrace Ridge Drive _ Franklin, North Carolina 28734 RE: Rose Creek Mine Mining Permit No. 57-10 Macon County Little Tennessee River Basin Dear Mr. Sterrett: We have reviewed the renewal request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: The mine map recently submitted to this office is not acceptable. A- comprehensive detailed mine map must be submitted at a minimum scale of one inch equals 50 feet. The mine map should clearly show the permit boundary and rlearly Iahelc thQ hiiffers alone the streams and water ways and the 20 foot undisturbed buffers along adjoining properties. The permit boundary must include the access road to its intersection to a state maintained road and include all mining related structures. It must clearly show the location of any creeks and waterways, existing structures and to'�oryranhw yf the enfire wran Planco he a�;om that thwca e-hannPcz may rent lira r •a r y V- , ,-.. a change in the affected acreage chart. See No. 2 On pages 3 and 4 of the Mining Permit Application Plnl-�_� 1-.- J..:-..1 }I "} } 1. I.. 44.e rno lic4arl ease UC advised U Iat Void lrevlCvv caInnot be compIC.IGu 4ilul C3I1 VI a l%i I�c1110 noc� 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: 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. Sterrett Page Two Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Nlail 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, 1 1 J• 1•_ L 1L J__JI!__ 11__ 1 J 11L-1 in writing, to the Director clearly indicating why the deadline can nut be met and reques< U ldL 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 I ossible. 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, J dith A. Wehner Assistant State Mining Specialist Land Quality Section Enclosures: Pages 3 and 4 of the Mining Permit Application cc: Ms. Janet Boyer, PE Wehner, Judy From: Starr Silvis [Starr,Silvis@ncmall.net] Sent: Friday, April 03, 2009 9:24 AM To: Judy Wehner Subject: Rose Creek Mine Attachments: Starr.Silvis.vcf Macon-57-10 Hi Judy, Sorry to be cutting it so close to the suspense date! It looks like these maps were to address the request for additional information regarding buffers etc. 1 cannot discern stream locations, topography, or existing structures. Maybe your maps are more clear. Thanks, Starr Starr Silvis, P.E. - Starr. Silvis@ncmail.net Environmental Engineer North Carolina Dept. of Environment and Natural Resources Asheville Regional Office Division of Land Resources - Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 26778 Tel: 828-296-4500 Fax: 828-299-7043 "I£ there is magic on this planet, it is contained in water. " Loren Eiseley 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. 1 MINING CHECKLI5T`FOR ROUTING Applicant's Name. qh lwAgirre-h+ Project Name•. ApplicJPerm1t No.:Q iL.Coum;y. I l IACDVJ Date Received: 3 9 0 Reviewer. ( I/ i t River 'wasin Name: J1,10,� G z/ ❑New )Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside permit boundaries) ❑Tranefer ❑Release ❑Partial Release Additional information ❑Fee Needed: $ ❑Fee Received: $ PleaSr W1= elriM AW1icart1o0 p,kROn to: Regional Office (2 complete copies:attach the"LQ5 Regional Office Mining Application Review Checklisff to one copy and attach k=h the DWQ and PAO 'Mining Application Review Form"to the other copy. sand both copies to the Regional Engineer) Date. Routed 3�R/,)Q Reed ❑Division of Water Resources Dens Roused Reed ❑NC Wildlife Resources Commission Date: Routed Rec'd ❑US Fish &WIIdi fe Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Fi .nco rote firs* 3 ;wges of the apmiication and a Tlocatan maps = ❑ 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 cf A,Chives & History Dew.- Routed Rec a (On(y new applications) ❑Other. Date: Routed Reed "5uspense Date for Comments: y 3 (no laterthan 25 days from receipt) ❑Please note the following: 4m, tAbean )d4&4j �f nc1A _ :,aa,. �.,P 141.111, - ,,. \� X.P uP, L .INN , ., - ,e uxPP P.MARE.. 41PE 4YPV IX4. P �-28, 1724 r 1 POND, to IN. �DID I „ MARTINEZ - D-24, 760 pulp `.... , m, Elm NO IQ WILL IDEAS 61 IANDALL :-30, 2361 I, - is ILI \ GIMSON Y-30, 2361 IT I F" OPT EENE ' 10, 224 N MAGEE GASKINS 6,91 ACRES - ' • L-21. 1196 - , I SOHU 4 H 31 kip - DOWNS r- V-12, 105 TH0 61 HUGHES " 111 409 M "" DEED F \ ��ttJ•+�• EIR rII IE . TOMASZKIEWIC L-28o 1724 ` 11 /i I 4 I r 1 1� POND; 1 1 r1, f � :POND ' [Vure - I EIR u li. I � Im i 11 ti CULVIA i IARTINEZ t- 241 78031 1 ( � ;li ;• 1J1 \ •'wp j \ N 14 UTP 2'p CVLVER /, � .pUlyl 1 7 "' ///; L WILLI,AMS a 2%MCI It "IBM" 14L 51 1. p w I p EE E IE lie TA, �13811 vmc, 11 F25�� III: I A I A :HTT I BINSECE. Me, L LC.7=MXIOX.� "BALL 341 GREECE, Ik VIA, SAIIIDI a. p ... 3EAMRA 34MB5 PINES MAN.ED THOMAS E.AS LINDA M.STERRETT I u R y N G. I L L C C48 G L S 19 1 K I It awwxi 11EPIKI.Aa an.. _ —20, 1724 CL KA MARTINEZ D-241 750 Ilk WILLIAMS 0-29, Rai IANDALL '-30, 2361 � d GIBSON Y-30, 2361 nit - EENE \.�. ''....\ 10, 224 \ \ MAGEE V-29, 1789 GASNINS - G,9I ACRES V L-21, 1196 ,, SCHU H-31. nowNS HT OP V-12, 105 HUGHES A-25, 409 M r - I DEED \\ \9 10 Y�I.1P EiR I p ' llll llp 1 II �� - TOMASZKIEWIC I POND L-28, 1724 POND� POND I VU.YEw'-EIR f I . � ♦1. i 1 I of ,a II MARTINEZ D - 2a, Teo i wAj `•\', i co . J i : _JL \\24 UiP F�, EIR (j I 'P°w', ti WILLIAMS 411 b T RCDENR 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 September 24, 2008 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7002 3150 0003 7044 5755 Mr. Thomas E. Sterrett 115 Terrace Ridge Drive Franklin, North Carolina 28734 RE: Rose Creek Mine Mining Permit No. 57-10 Macon County Little Tennessee River Basin Dear Mr. Sterrett: We have reviewed the renewal request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: A comprehensive detailed mine map must be submitted. The mine map should clearly show the permit boundary and clearly labels the buffers along the streams and water ways and the 20 foot undisturbed buffers along adjoining properties. The permit boundary must include the access road to its intersection to a state maintained road and include all mining related structures. It must clearly show the location of any creeks and waterways, existing structures and topography of the entire area. Please be aware that these changes may require a change in the affected acreage chart. 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: I 917r! CItII�v Ccn�i� I Dui iu ra4 M u nLy vcvtwi 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 • 919-733-4574 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 .•y Y Certified Mail Mr. Sterrett 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 he granted If 7n extension of Pima is not granted a decision will he made M{1 VALVIIJIVII VI LIIIIV IJV granted.ILVti !1 L.�11 LSALVI1JIVl1 VI LIIIiG IJ IIVI granted, Q decision will UG IIIQUG 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 statemnent cites the maxiri uri7 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) 733-4514 if you have any questions. Sincerely, �4 - Judith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Ms. Janet Boyer, PE Rose Creek Mine#57-10 Renewal Comments • Subject: Rose Creek Mine # 57-10 Renewal Comments From: Kristin Hicklin <Kristin.Hicklin@ncmail.net> Date: Thu, 11 Sep 2008 15:50:43 -0400 To: Judv Wehner <Judv,Wehner@.ncmail.net>.Janet Bover <Janet.Bover@ncmai1.net>, Kristin Hicklin <Kristin.Hicklin@ncmail.net> Judy: The ARO has the following comments: 1. An updated mine map with permit boundary, buffers all affected areas (flume, etc. ) would be nice. The haul road needs to be included from the excavation area to SR 1377 . 2. The creek should be clearly labeled on the revised map. It's hard to determine from the map submitted where is traverses through the site. Otherwise, the site looked good at last inspection. Thanks and let me know if you have any questions. DAQ and DWQ comments to be faxed upon receipt. -Kristin Kristin Hicklin - Kristin.Hicklin@ncmail .net North Carolina De-Int. n-f Vn17J rnnmPnf and NAt_,tral RPgn17rr_P4 Asheville Regional Office Division of Land Resources, Land Quality Section 2090 U.S. 70 Highway Swannanoa, NC 28778 Tel: 828-296-4500 Fax: 828-299-7043 1 of 1 9/19/2008 10:1 1 AM 0 AM a v 0 North Carolina Wildlife Resources Commission MEMORANDUM TO: Brenda M. Harris, Mining Program Secretary Land Quality Section NC Department of Environment and Natural Resources FROM: Dave McHenry, Mountain Region Coordinator Nnhitnt rnmc . Minn Program DATE: September 15,2008 SUBJECT: Mining Permit Modification for Thomas E. Sterrett Rose Creak Mine Macon County Mfning Permit No. 57-10 Staff with the NC Wildlife Resources Commission(Commission)reviewed the application for the subject mining permit modification. Gravel is excavated biannually from a L2 acre area of the Rose Creek Mine near Franklin. Comments from the Commission are provided under provisions of the Mining Act of 1971 (as amended, 1982; G.S. 74-46 through 74-68; 15 NCAC 5)and the North Carolina General Statutes (G.S. 113-131 et. seq.). The Commission does not anticipate undue adverse effects of this mine permit modification on fish and wildlife resources provided all sediment and erosion controls are effective until the site is permanently reclaimed. This is particularly important since the Little Tennessee River downstream supports sensitive aquatic life like the federally endangered Appalachian elktoe mussel. Major changes to the operation that would cause downstream sedimentation should be avoided. Thank you for the opportunity to review and comment on this project. If there are any questions regarding these comments,please contact me at(828)452-2546 extension 24. o C CEIVED ce: Mr. Thomas E. Sterrett f`Gs�p }La Z008 ou Mailing Address: Division of Inland Fisheries 1721 Mail Service Center a Raleigh,NC 27699-1721 Telephone: (919)707-0220 • Fax: (919) 707-0028 r d it V 09-18-'08 08:55 FROM-NCDR 828-299-7043 T-524 P001/002 F-586 TO ' 2 Pit S) MINING PERMIT APPLICATION REVIEW FORM forthe ....��rrtt DIVISION OF AIR QUALITY Project/Number: -Itt1A F. (4tyVefi 1 �SL �C County: AaCpn Please return comments back to: 4%*, W,a lI� rlemments due by: q- i I- D 8 Will the operation, as proposed, violate standards of air quality?_ 001J6 tJ0T D Comments: Qn 5al0 Sc rN 2 Curl�cy1.�4 o S /W'� TD "(5� CmND iL � �.GGb Id-91� 'rD •-f7ltG 4 tCArtEI� . YES NO Air permit required. Air permiteAsting _(Permit# ) Other Comments: Reviewed by: 1 N`/ Dale: R - 1-7-0 Print Name: "L9 CantWOMo Renewer. Pea pac aps C.Q) 04Ll. 69 11 0Y 09-18-'08 08:55 FROM-IC13E6 828-299-7043 • T-524 P0021002 F-586 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY Pro)ectlNumber: I6%jto.I F. Skrw++ 1Qnse 6r4cllL No"County: Maton #57— la Please return comments back to: r iS+i i.. �� +C�c.�i✓� Comments due by: 'I — lj— () 8 Will the operation as propo ad, violate ate dards water quality? Comm nJ 6\ . Watershed/Stream Name & Classification: UT �.+ T�bg U?QILJ' �o T-f�+I O Colok YES NO NPDES permit required NPDES permit existing ✓ (Parma#NCCaba) Nondischarge permit required Nondischarge permit existing (Permit# ) Wetlands disturbed 401 Wetland Cart. required 401 Wetland Cart. existing _(Permit# i Reviewed by: azy, z Date: Print Name: ✓ Canal eKG Reviewer Rry On 20M NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F. Easley,Governor William G. Ross Jr.,Secretary September 3,2008 John Morris, Director MEMORANDUM TO: Ms. Judy Wehner /e r-% Land Quality Section t N L.V C I V G V FROM: John Barr /�'P SEP 0 4 2008 Ground Water Manaizement Section Division of Water Resources LAND QUALITY MINING PROGRAM SUBJECT: Comments on the Mining Permit Renewal/Modification Request for: Thomas E, Sterrett Rose Creek Mine Macon County Please find attached a copy of the mining permit renewal/modification request for the above referenced project. The Rose Creek Mine located in Macon County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. 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 10 0,00 0 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 transfers. Water withdrawal registrants must complete the annual water use reporting form by April 1 of each 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: 919-733-40641 FAX: 919-733-35581 Internet: www,ncwater.org NofthCarolina An Equal Opportunity!Affinnative Action Employer-50%Recycled 110%Post Consumer Paper ;Vaturally fi�I ;i NCDENR North Carolina Department of Environment and Natural Resources nivicinn of I and Racnurcac Land Quality Section James D. Simons, RG., P.E. Michael R Easley, Governor Director and State Geologist August 26, 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 Renewal.Thomas E. Sterrett Rose Creek Mine Macon County ❑ Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit mortification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on September 16, 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 aroundwater nunntity or auality_ 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: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574 I FAX: 919-733-2876 512 North Salichiiry Stroat Ralainh Mew h(..arnlina I AOA MINING CHECKLIST FOR ROUTING ApplicarrVe Name: I6WO/� (k(1/� Project Name: PLJa l"AJ< LJ22 , o Applic./Permtt No.: 57=^�OCounty: Ou Date Received: t + a9 Fi ver verl3asinName ❑ New ZRenewal ❑ Modification (inside permit boundaries) ❑ Mod'm"cation (outside permit boundaries) a Transfer a R tease '. . `❑/Partial Release G Additional Information ❑Fee Needed: $ ®Fee Received: $ `7 5O .,, rar �e tn: s f/J; i-2 Regional Office (2 complete copies; attach the"LQ5 Regional unice Mining Application Review Gheckli6t7 to one copy and attach hnb the ONO ana OAu "Mining Application Review Form"to the other copy; send bothcopice to the Regional Engineer) Date: Routecigg ck4'�l�Zec'd ❑Division of Water Resources Date: Routed Reed C NC Wildlife Resources Commission Date: Routed Reed ❑ U5 Fish &Wildlife 5ervlce Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please roe= first 3 pages of the application and au location maps C Division of Parks & Recreation Date: Routed Reed ❑ NC Geological Survey 5ection Date: Routed Reed ' (Only newapplicatlons and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) 0Other. __.. __ Date: Routed Reed "`5U5p6rI5e Pate for C0mrn611t5: 1151�E FXr (no later than 25 days from receipt) 7 Please note the following: f nn �an e I g p07�ru1 (e,> v Rose Creek Mine Tlmmee & Linde Starrett 1805 115 Temw RYNp Or FraNOn.NO 28M 911.1ayp w+rv.raeecraeYmNe.mm 1 n (J 20— EN YTO THE ` � 1 1 0� hnJlf aYlMy.f� L� hgX. I Uad Ls $i 75Q, an'f TOOF �V 'rNaf.M1R �cvCn, �wlwrll.rrR�. q,w.C, e�*/co r DOLLARS ""---- Caroline libel Bank (J FrenYIM, NO i81ea IR MI ffAi"v1 1 A n [:�'1 i7:` Q?Qa3LC— • 7 1A • 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 August 2£, 2008 ueritnea ivlalt Return Receipt Requested 7002 3150 0003 7044 1948 Ms Linda Sterrett Rose Creek Mine 115 Terrace Ridge Drive Franklin, North Carolina 28734 RE: Rose Creek Mine Mining Permit No. 57-10 Macon County Little Tennessee River Basin Dear Ms. Sterrett: This office received Check No. 1804 in the amount of $850.00 from your company. Since your company is not actually modifying Mining Permit No. 57-10 and wants only to ranaw cairl narmit tha nrncaccinn fAa is �7j;n nn Plaaca race ihmit a char_k fnr that mmno int Please contact me at (919) 733-4574 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section\ Enclosure: Check No. . 1804 cc: Ms. Janet Boyer, PE 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 • � gia5/�,y MINING CHECKL 15T FOR ROUTING I Applicanes Name•. Yh+nrwi 9 n,v-L Project Name: Q al Auaj 1 , ApplicJPermitNo.: S /b County: MAWA. DateP.eceived:// 8 R Lop Pwiewer: �, —� �. River 5ariri Name: ❑New Anewal D Modification (inside permit boundaries) ❑Modification (outside permit boundaries) D Transfer D Release ❑Partial Release D Additional Information 0 Fee Needed: $ "1 ) Fee Received: $ $8� 0 Ftc au& A ,hu.. d nation page t& J vv.�I Regional Office (2 complete eopias:attach the' pool Office Mining Application Review Checidist'to one copy and attach Moth DWC� DAQ "Mining Application Review Form"to the other copy;Send both co ies to tha Regional meer) Date: Routed ��� o.�Rec'd ^iv lion of WatEr Resources Data: Rowad Reed NC Wildlife Resources Commission Data. Routed --�7' Reed ❑US Fish &Mldlffe Service Date. Routed Reed (Only new applications and modification requests that add land to the permit) ' Flamm ro tp first ,pages of the application and aryy location map ❑Division of Parks & Recreation Date: Routed Reed D NC Geological Survey Section Date: Routed Reed (Only new applications and modification requests that add land to the Permit) ❑Division of Archives & Hlswry Date: Muted Reed (only new applications) ❑Other. Date. Routed Reed **Suspense Date for Comments: h Ie, a (no later than 25 days from receipt) 0 Please note the following: pp NN e in Gl �ihiul:� 1�1�Mb� lw�u2v Y4l Gam_ ha �,Ani O (u. r AriLA 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 August 26, 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 Renewal.Thomas E. Sterrett Rose Creek Mine Macon 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 September 16, 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. /bmh Attachments cc: Ms. Janet Boyer 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 I FAX; 919-733-2876 M7 Nnrth galichiiry Straat Ralainh Nnrth rnmlinn 77AN tee_ NCDENR North Carolina Department of Environment and Natural Resources nivicinn of I snA Rccnim-me v.-.- V. �M..L{ \V VVMIVVV Land Quality Section James D. Simons, P.G., P.E. Michael F. Easley, Governor Director and State Geologist August 26, 2008 William G. Ross Jr., Secretary MEMORANDUM TO: Mr. David McHenry Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris<4�—*—�U� Mining Program Secretary Land [duality Section SUBJECT: Mining Permit Renewal Thomas E. Sterrett Rose Creels Mine Macon 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 September 16, 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. Ibmh Attachments cc: Ms. Janet Boyer 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 lam"" NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources RECEIVED Division of Land Resources AUG 22 2008 Land Quality Section LAND QUALITY SECTION i &lUjo 4- xi(I 1612 Mail Service Cent( f 3 °� Raleigh, North Carolina 27699-1612 (919) 7334574 Revised:January 30, 2008 APPLICATION FOR A MINING PRRMIT • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine 0ROSf- CrLr'1C- Miy\L County Iu0.C-A?�1 River Basin Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) L 2. Name of Applicant* T�m'VtG-S 1E . S+ew( e- L l 3. Permanent address for receipt of official mail** I1S Re✓rac.c ieidc{G 7-✓ F✓Lw1lGlin NC- 28 -73y Telephone ( 9ZP)3�9 - 317 q Alternate No. (1729 ) 311 - S 7 9 T 4. Mine Office Address n,L' r-g Telephone ( ) S. Mine Manager S O-✓n 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. ***Signatu —L Date 5- 21- 6t� Print Name 6y'YicN5 L S+Wre Title Pr GS id-Lnr * 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 ordeny 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. e 1 �1� �. ; r. � � ., � � } � f � � .. ' � � i i � 4 \ � . � � S 14 t � . � ,. � *� t• 1.: ) � � - � � i � r � i � .. ` l ' � � � .. 4 APPLICATION FOR A MINING ftWT • NOTE: All of 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 of the following that apply: ❑ 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 tF e "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: r-1 TPaL:._:_ __ _..}7__a7_. l__Yf YT1k11Pt7T i U 11 ulls lb all application lUl Ikr+1\r+vll'HL Via llllll11%pullIllL,111LAMMG Mr.111111111g Fr.11111L 11Ui11UGl a11U the total (overall) acreage covered y the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): Dz 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 permi I Mining Permit No.: 1 -- 1 O Total permitted acreage: Does he modification involve acreage within the previously%proved permitted boundary? VeR N. _ If vPc indirntP the nrranac.to hP envered by t is mndifirntinn (thic is the nerPaaP that the "maj modification" fee will be Based upon): -_ _f ..v__._.._._..__ �.-- .w - _- '_0' Does the-modification involve acreage outside the previously approved permitted boundary? Yes a 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 this acreage to be added to the permit,will any portion of this acrre�ge be affected(i.e.: disturbed, around cover removed)by the mmina operation? Yes r7 No of no. a "minor modification" fee of$100.00 is required, despite tfie"'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): ❑ If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered y 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: ra-J �I 3. Mining method: eHydraulic Dredge Front-end Loader&Truck ❑ Shovel &Truck Dragline &Truck Self-loading Scraper Other (explain): 4. a. Expected maximum depth of mine (feet) -r- Depth is relative to what benchmark?(e.g., natural ground level, mean sea level, road elevation, etc.) b. Expected average depth of mine(feet) d e -2- • • � � . � � i APPLICATION FOR A MINING IKIMIT • 5. Has any area(s)at this site been mined in the past? Yes No ❑ If yes, when and by whom was this activity conducted? �1'��✓it rvti nz- b�-I o ✓ 6. Number of years for which the permit is requested (10 years maximum): 7 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) conies or 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 OR 512 North Salisbury Street, 5" Floor Raleigh,North Carolina 27699-1612 Raleigh,North Carolina 27604 (919) 733-2423 www.geologv.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation—Geographic Information Systems (GIS) Mailin�Address: Ph sicalAddress: NCDOT GIS Unit N DOC T GIs unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,North Carolina 27699-1587 Raleigh North Carolina 27610 (919) 212-6000 www.ncdot.org/itlgisConmct/default.html 2. Mine maps must he accurate and appropriately scaled drawings, aerial pphotographs or enlarged topograrhic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps a ong 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 fife 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 ading. d. Outline and width of all buffer zones (botrundisturbed and unexcavated). e. Outline and acreage of all pits/excavations. E Outline and acreage of all stockpile areas. �. Outline and acreage of all temporary and/or permanent overburden disposal areas. U. Locatian and arncagc ofnll processing planis�'processmg planis may be acscnoed as io locaiion and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. ,I 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. I. Location of phoned and existing on-site buildings. in. 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 o the mine tract,names ofowners 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. -3 . 1 I, I.1 - - ,�! 1 j � }: .. � i 1, ,. '* .. a � r iJ�s ^A� •1'. , '�E . � i. • 1 , • . ' ry 5 ,'i +.. � I •rlj'. R ' t L.: • ' " � �. �. ' � , ,. � . , S �t - . ,I. 'tj I ,.. �. ,.1•I. , ,. �. ,1'� r4 I E• APPLICATION FOR A MINING OLIT • 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 provide 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 A-AQ A nraa :.,ni, = {fl f o4 v-T� [1Vl V.] 1 111V11 .JV 1VVL 50-199 Acres 1 inch= 100 feet 200+Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- 0 0 APPLICATION FOR A MINING PERMIT A table/chart 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 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 , Q 5 1 5 Stockpiles z S2 Wastepiles Processing Area/Haul Roads -- Mine Excavation 12 Other 5, 4 q -1 S NOTE: IN ADDITION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC VWT O.iviATiON THAT 1S PROVIDED IN THEANSwERS TO THE FOLLOWING QUESTIIONSIN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONSISTATEMENTS THROUGHOUT THE FORM). 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(s). Attach additional sheets as needed. ( � y�XIS{i✓t e1_�n�M,�....� a.✓eti. ,rnru.L lat a,v_e_.,,.rr2.teeC- 1-2 4-i 1 1 �� 0a.�klee� . LXca�a#+u.� p,�c� .! ,�-f0o-riot-r--cC.- v— a� CiccSf'Wcv oC- pLc-rtal+d-+'�.. 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 ofthe 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. Ail zQ 4loo5cst- o:.-eas e, c" wcae prnmed-cn,L.c.taa . 5edi /n.c. fxarl CwA - oJt-3 P.vrMl 16,20 -�e e-( &LVVA , p` cca>> reo- E . 3. a. Will the operation valve wasting the material mined, recycling process water, or other waste water handling? Yes_No_. If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve discharging fresh or waste water from the mine or plant as s point discharge to the waters of the State?Yes No X . Ifyes, briefly describe the nature of the discharge and locate all proposed discharge paints (along with their method of stabilization) an your mine map(s). -6- APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes No >C . If yes, do you intend to dewater the excavation(s)? Yes No . If yes, what impact, if any, will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: . Locate all existing wells on the mine map(s) that lie within 500 feet of the proposed excavation area. Provide data to support any nnnnlLleinne nr o+n+aman+o r aAa mnIn inn anv mnni+nrinn v1vall An+n ww11 nnno+n Ln+inn An+a nnA V VllVl4Jl VliJ Vl JL4LV111V 11LJ L1144 V, Ll1V14411L� C L,' 111V111LV1111r, •YV11 4"L", YVVII VVIIJLL 4V4l Vll 4L4li.l 4114 current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. d. If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s) (i.e., non-discharge, NPDES, Stormwater, etc.) from the 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. 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. b. How will dust from stockpiles, haul roads, etc., be controlled? -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- way. tr. 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 ofthe two,depending upon the site conditions. Note that all buffers most 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. Shaw all buffer locations and widths on the mine map(s). A .r• r. /1 60' iI bt Vr.Aa*a-'Fi✓Y- f{�estca( bJ �{L✓ 15 .✓iiwi4 -rx_ 0&+Ioca 1y'f Uokk Y 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 wedands unless smatter 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). i,J/A 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. R11 di5+U(OCA vu1 r hag 3'0'�5 scev nfa*A- ha_U' S}ra..S 04p,(A.e� Q S 3a-r�-t a� Pe a Si b 1e, aX�'e✓ d,c'gq ;np,. -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 ofany benches and/or slope drains (with supporting design information) if needed, and the method of final stabilization. c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections jbr all cut slopes must be provided on the mine map(s). N/pr 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. hJ IA- 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. U � 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). t�/A -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 screenin*the operation from public view such as maintaining or planting trees,bushes or other vegetation,budding berms or other measures. Show the location ofall visual screening on the mine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, 1VTG5L VIAiCGT�tLt1VI1 aI`CtLC 11 �Cl, RUW Wlll 5LlCR C11GGt5 �1.C., [1ViSC, VI5iUllliy, Ct4.f DG lliltlgatGU: 11. 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 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? Yes No X rr_ -1--__--L- ,7---- ---- '-I- L---- .9-_-----'yiz _ _�-----1 ---s----.I-- s _.r_--_.-'------__• _-.-_ -.r___II r__1e__._ y yes, describe inese maiertais, now they witi be siureu and meinua uj euniumment in case uy spiu. lnaicdie the location(s) of all storage facilities on the mine map(s). -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 .,�.,«. + .. , � --A ,+1,0. }�11aiLlll ai«a�o rla«.a1J LV a{ Liu1L1V11 1111L1L1lLl rslol, V 1V1V1 a11y 7L « 11„+; UL1VL1. L MC 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 he constructed as part ofthe reclamation plan and the location(s) ofall permanent channels must be indicated on the reclamation map. + oot 0-e- Cl. 'k.5 �l0DGL.CL. �-�SG✓ l's P,d. s GLrC� t"61✓14.0 C'5 5 q,►, off._ 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ✓ 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) ofwater. 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 ✓ Na . If yes, specify species. C's5 co-4 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. i /L C , L© c L e ot_ -Fen 4 c. _�c�.{c- i !'►�a--�.0 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. NA 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. b. Will any on-site roadways be left as part of the reclamation? Yes No Ifyes, ident fysuch roadways on the reclamation map andprovide details on permanent ditch line slabilizahon. 6. Describe the method ofcomml of contaminants and disposal ofscmp 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 t tie �Z` 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 maps)and reclamation map, along with a list of items to be disposed in said areas. ni/A - N�e 5cra-� M� � rrta Cn.b l<S , pr o 44w W as Le A C6%iras4a-+' is hired_ 1 - 2 h' ve� �G ✓ 4o C4iA � n �yvmi IFad. a-�-ew . -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 ---1 --------T- r---T�- ---',L �L_ /'�_I1-�-- -r w �_�---��--__- -"-I T 'r_ -'-__--- _-IT'---T'-----� T-----'---- anu research 1clCul y W11►1 the %.UlXgUS Ul t%gT14U14Ure d11U L11C Sciences dllU Forest 1<esuamus 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 C,fiii TT`T1TTT 71 f-LT^'rT'- 7___1__J_ T a%,nr_utJr.r- kpOullublauTCJ: L'Nu i E; 111tj1UUe "gtulleN Seed Types: Seeding Dates: Seeding Rates: Fes _ f}� c,,• er�c Gay a J+'L 45 ✓ -Ce cu d_ 1-2- -1-i M•c.-, t�s el 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 T itie Agency -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The followingg on calculation worksheel is to be used to establish an appropriate bond(based upon a range Of$500 to $S,000 per affecred acre) for each permitted mine site based upon the acreage approved by the Department to be affectedduring the life of the num"gpermil. Please insert the approximate acreage for each asnect ofthe mining operation. that you intend to affect during the life or this minine hermit(in addition. please insert the a ro riate reclamation cost/acre or each category om the Schedule a Reclamation Costs Provided wit [his application form) OR you can de er to the Departmem to calculate vour band for you based upon your maps andstandar reclamation costs. AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: 051S Ac. X $ /Ac. _ $ Stockpiles: . 25L Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: -6Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: q t Ac. (TOTAL PERMITTED AC.: (a. 1 Ac.) Temporary & Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a) affected acres that drain into proposamisting 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 Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (Ito 10 years): INFLATION COST: S TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: $ (round down to the nearest$100.00) -14- • 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: !71 t.1• .:.f a-Im iii7+ --e lal &1 IRA V " b rM..w:n:..nliiar in vr�.in{. n.aar wn..�nF 4�.n ror.m i+Far� a1a4 su49941 1 VU59 W.T ■u tl.a abaa aal, ,JR.l Va .494,Jra 2212sa..4 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 houndary which lie directly across and is cnntiQunus to anv hiLyhwav: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. LLQT 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(b]],{)_of The Mining Act of 1971,Notice is hereby given that `TIhIsms u E, 5S rrc1 has applied on ?- 21 - D9 (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 areat The applicant proposes to mine Q d'0.4 e. on to . 9 1 acres located IsMineral, Ore) (NumMrl !Miles) of A offlnear road ine,✓ra ce (Direct]�u� Cow ty (Nearest Town) (Number/Name M ''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 a mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundaaryry). 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 ppermit,whichever is later. Should the Department determine that a siggnmificant 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 re ardin the s ecifies of the Proposed minim activity, lease contact the s licant at tie to`ffowin tee one nuro er: Par information on the mining permit application review process, n ease. r_nntart the. Mining Pmgrn_m staff at 733-457d. Please. nnte'hat the Department will consider any relevant written comments/documentation within the provisions of the Minine Act of 1971 throughout the application review process until a final decision is made on the application. -r,, c� .�l- i c — v . n✓ i r io��i Y`A-`� c. -�r.�fort n.� ii.✓ttu:.E r. (Addressee/Owner of Record's r p.n IU1 a �l,J C-��(Na ne o Applicant Include Contact Person Name and Address) t Zq-jgV & Company Name, if Applicable) 8- zt -08" (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -16- 0 • APPLICATION FOR A MINING PERMIT 1 AFFIDAVIT OF NOTIFICATION WOE//e� 1• 1• 1• �_ ��• 1, 1 rl c YYl ci.D L• ►, an applicant, or an agent, or employee of an appncant, 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) oo r1eX3 landcrLrncr > a�fCC4-cct_ lv (Attach additional list if necessary) 1 do also attest that the following individual is the chief administrative officer of the county or municipality in iL 1--U —, rLn�.+ of+1— r�ai. .+*-A — - 1nnn+nA —A +1Ln+ nn+tines nf'+�a nanArnn nnnjinn+inn lac. 1•— nniinar� +n 1ka YY 11iLnll Lilly F"'L Vl "'%- F%1JL"1LN 1rt1 LLI V" 10 1VVGLL441 L111L1 4 6+V i./11M 11VL1 Vl ""' L..11LAllls L4i1i.111VLLLLV1l ""a LJ%INIL V"U'3VL1 LW Vb mailed, by certified or registered mail,to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager, Mayor, etc.] The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1)and 15A NCAC 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 marled 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) 1, 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- 0 • 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: APPLICANT: Signatur Qature Print Name: Th cyvi c,5 G✓l L rl Print Name: Address: 115 'r-,'✓" G. 4 �!4 c� �-✓ Title: L 2-8 73 Company: CCDSC- �eG�L 1�-��nc� rr Ca bi n.5 Telephone: Z ` 3`E�1 ' 3-7 Mine Name: eo5e. Crete 't-C, _ D1gnature must bu the want: its the individual -ho signed rage 1 01 Lllls UppitUdLiVil. Six 6 copies of the com leted annfication, six b copies of all location mans. mine malls and reclamation maps,and the appropriate processing fee(see next page for fee ache ule)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. _fig_ F TED STATES FRANKLIN QUADRANGLE VALLEY AUTHORITY NORTH CAROLINA-MACON CO a5� SERVICES BRANCH 7.5 MINUTE SERIES (TOPOGRAPHIC) 167-NW LAUAOA IS IS MI. 136.ry Sw 83°22'30' LARKA 166-5/W) 2 280 25' 281 LWESTs MILL a.9 ML. 182 690,000 FEET °83 3g°15' 7 7-02 570.000 . t e�I �,6 0 OUT £ _a PO 0 Ila �� �� �� - ' � C•- � RIVER - _ �� ` andi strip "Poe° `•� 1 1 _ •r• \ \ l .-a f. c I s00 ugg •� /� � tea. a � a ` ' __`` ;r r' VICINITY-51a:T - _ - $ ,�� N / map �• PrES.. � � t • f _ Est I +; -�� - Y � � ` !� _ \ Y rgTE:u.L.c�uaa ua s,• rvwd.rtc mu.ur.rie�. BOUNDARY SURVEY - e - - ROSE CREEK MINE G L- SPRINKLE - � � _ _cowEE rownsxlR mAcon counir :I• 10' DATE LAY 8 198E x 894 P M I" f 1 P N N A C Leo 28851 5—y!r L-9bl 87_ ` I �ac � 5ofl l( No 'C Z 1 ¢• 'F nnn���"' i Lu�l` u� Ili�JI 'I VILT `Y\ � ` •-N�f S /� -r' BUI i EE r - zJ _.r�. -. _- - 6 -_ -- ��r - -;y� � ,.. '?i• as Aq a �- �i na a 2r � " l . l a Oh r ne'Yi m \ l �n �LALLS ON 30'fl/W i CALLS pN 30'R/W- -C LL ONSR.-]TT - E eJ . i r io•zz J ,- -. 1 No 3 C ALr Me ze CRLNKLETON -.1378 L0T.1 - 141 ACR�S r .GREEN GREENE .. - - -.. ur VSaL FI: r U-1.0.224.. - I r' .GASKJNS - MARTINEZ L-21,U96 RANDALL - X-31.1904 a LOT 2 Y-30,236i 8- - ,3.30 ACRES /•••• / HUGHES. LEGEND OF SYMBOLS - .LOT 3 - V lov `��\_� - / 5-31.52 /!'. SOL- ON , 6.91 ACRES �ee�'df� niLL HMS lLOT 11 `� t 0-29.281 / 1 J-f _� ��� L :.:��"".`.�•`n. 4�'�..m DOWNS V-12.105 - . _ TOM ASZKIEWICZ - - WOLVERTON - - y Y-30,2274. - - r oaFE TinClvi H5 t. t1 LINLIA M. 5 ERR TT J - -i. - - COWEE TOWNSHIP BCHURA S SCH A - EAo, - - - - MACON COUNTY.NORTH CAROLINA� Ip �. DRAWN 8Y Tla DATE p3-25men SCALE 1-- . - - - - c DEED REF, a-ze,ma a r v 9p� THOMAS HARVEY CABEI - NX Pr0(esotma!LaOd Surveyor x L-1507 - '� wE.an.:A,mn.sev..�sxi.m,,.,.nca�.nw>t• ! exzE.Lx'rs.xoesrrs o. as xLcoxo:" - ...' - exp 2699 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 September 6, 2005 William G. Ross Jr.,Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED 7003 1010 0003 5645 2034 Mr. Angus C. Martinez, Jr. PO Box 490 Bonita Springs, FL 34133 Re: Mining Permit No. 57-10 Rose Crook Mine Macon County Little Tennessee River Basin Dear Mr. Martinez: Your request to have Mining Permit No. 57-10 transferred in its entirety from you to Mr. Thomas E. Sterrett has been approved. As we have received Mr. Sterrett's required surety in an amount sufficient to cover the present operation, your company is hereby released from further responsibility for this site with respect to The Mining Act of 1971. Therefore, I am returning your $2,700.00 Assignment of Savings Account No. 850100863 to you for your disposal. Thank you for your cooperation in this matter. Sincerely, 4Flod`R. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRW/kh Enclosure: ASA No. 850100863 cc: Ms. Janet Boyer, PE Mr. William Gerringer-DOL, Mine and Quarry Bureau 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-73345741 FAX: 919-715-8801 512 North Salisbury Street,Raleigh,North Carofine, 27604 An Equal Opportunity 1ARrmallve Adlon Employer-50%Recydea 11004 Post Consumer Paper MAY 2 4 2005 NCDENR - QENR I.;44-D QUALITY SECTIC' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESdURCES—' Michael F. Easley, Governor William G. Ross, Secretary Division of Land Resources, Land Quality Section ames D. Simons P.G. P.E. Director 'anet S. 'D o y e r, Reg-ona1 CIl-I rI CCI May 1 1, LVV.A Tom & Linda Sterret 15 Terrace Ridge Drive Franklin,NC 28739 RE: Mining Permit Number: 57-10 Mine Name: Rose Creek,Mine County: Macon River Basin: Little Tennessee Dear Tom & Linda Under the provisions of NCGS 74-56 of the Mining Act of 1971, and inspection of your referenced mine site was recently performed. A copy of the report is attached. Carefully review the report and note any cited problems or deficiencies. Your cooperation is taking the specific corrective actions and/or recommendations is appreciated. Please not that it is your responsibility to understand and comply with the terms and conditions of your mining and the provisions of the Act. Please do not hesitate to contact this office if you have any questions concerning the report. Sincerely, Don 1, ebrooks Engineering Technician Enclosure: Mine Inspection Report cc: Floyd Williams, PG, State Mining Specialist 2v9v v�i uyviv 70,�iiHanna lvai NC 28778 Telephone 828/296-4500 Fax 828/299.7043 An Equal Opportunity/Affirmative Action Employer-50%recycled/10%post-consumer paper M1 2009V VJ F,'Y 70,Swannanoa,NC 28778 Telephone 828/296-4500 Fax 828/299-7043 An Equal Opportunity/Affirmative Action Employer-50% recycled/10%post-consumer paper North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME ROSC Ctz-L1/- M,a+C 2. MINING PERMIT # S?- 'O 3. OPERATOR Lit,10A \ Sd v( lxL T 4. COUNTY AAAa rj 5. ADDRESS Ili fe[(? • . 6. PERMIT EXPIRATION DATE - ?'i ��'+�• 7. RIVER BASIN LT S. Person(s) contacted at site `t' o i ST c.Jk CT 9. Was mine operating at time of inspection? ®;,Yes ❑ No 10. Pictures? ❑ Yes [2rNo 11. Date last inspected: C ? /vq 12. Any mining since last inspection? -El'Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit Yes ❑ No If no, explain: A W10 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: �j� ^-t, GN fA�' ) 15. Did any of the above deficiencies result in offsite damage? ❑ Yes 'RrNo If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: i,::.nPs /-� •A;yc lcc .� ts �.flo� Tn il ,.�: ?�7. 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate?-©Yes ❑ No (Explain) ❑ Not Reviewed 19, Follow-up inspection needed? 0 Yes -.9 No Proposed date 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator / / f (date) INSPECTED BY: 1 I�L� \.�' )L)s .. DATE ;/Is+ /•:r Telephone No: ( i-5k) �I i L • 4 `i:3z� White copy to file Yellow copy to operator Pink copy to Mining Spocialist 10197 1 .41 -. �PJJvy, a . , North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION P T (PERMITTED MINE) I. MINE NAME ' \. 2. MINING PERMIT 3. OPERATOR L c i 4. COUNTY 5. ADDRESS 6. PERMIT EXPIRATION DATE +. � 7. RIVER BASIN L -r 8. Person(s) contacted at site 9. Was mine operating at time of inspection? 4:-Yes ❑ No 10. Pictures? ❑ Yes n,No 11. Date last inspected: / / .:=+ 12. Any mining since last inspection? fl;Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? -70_Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? u Yes ❑ No If no, explain: j-:•.. 15. Did any of the above deficiencies result in offsite damage? ❑ Yes 'E]'No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 17. Other recommendations and comments: 18. Is the Annual-Reclamation Report +/-map accurate? -B-Yes ❑ No (Explain) ❑ Not Reviewed 119. Follow-up inspection needed? ❑ Yes -r-f No Pronosed date ! / 20. No. of additional pages of Inspection Report_. 21, Copy of Report sent to operator / ! (date) INSPECTED BY: _ •:>. .:L-'-..i'�.i� .,, '. DATE Telephone No: White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 r t: a rr. 1It rr xq M1 F � F E y� �m f , It IN f ✓ r "r " Y4. '4 it 1 Nf It 1Ir ..R m vr IV I x yIt t 3 Z Q �B+ vr it i Ir 5� LIt bx' MINING CHECKLI5T FOR ROUTING Applicant'e Name: IVILS jLCLK Project Name: Applic./PermitNtf: _CountxatnN DateRecelvedg--� ray Reviewer. ir I River Baein Name: LT . 1 f V ONew ❑Renewal ❑ Modification (i9,6 id permit boundarle5) ❑Modification (outside permit boundaries) t�lfransfer ❑Releaee El Partial Release l dditional mformation���YJ// ElFee Needed: $ ❑Fee Received: $ �J PI asp. roue entire application package to: kARc� Regional Office (2 complete copiee; attach the "LQ5 Regional &ftRce Mining Application Review Checklist" to one copy and attach bn the DWQ and OAQ "Mining Application Review Form"to the other copy, send both copies to the Regional Engineer) Date: Routed8-a5'05,Rced u Divielon of Water Resources Date: Routed Recd ❑ NG Wildlife Resources Commiesion Date: Routed Rec'd ❑ U5 Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route firat 3 pages of the application and any location maps to, ❑ Division of Parke & Recreation Date: Routed Rec'd ❑ NG Geological Survey 5ection Date: Routed Rec'd (Only new applications and modiflcation requeate that add land to the permit) ❑ DlArlon of Archivee & H1115tDry Date: Routed Reed (Only new applications) ❑Other. Date: Routed Rec'el ""5u5pei15e Date for COrnmenci: (no later than 25 days from receipt) ❑Please notett afollowing: I I n VAJ �4-�,� V f S. Y,. 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 5, 2005 William G, Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 1010 0003 5645 1952 Mr. Thomas E. Sterrett 115 Terrace Ridge Drive Franklin, NO 28734 RE: Rose Creek Mine Permit No. 57-10 Macon County Little Tennessee River Basin Dear Mr. Sterrett: We have reviewed the additional information received by the Land Quality Section on August 4, 2005, for the referenced mine site. However, the following information is needed to continue processing your application: a Please accurately show the locations of the mine excavation (present and future areas), stockpile area, sediment ponds, haullaccess road, etc. on a revised mine map. Please be advised that our review cannot be completed until all of the item(s) listed above have been fully addressed. In addition, please note the Land Quality Section may req!est 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, NO 27699-1612 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-45741 FAX: 919-715-8801 512 North Salisbury Street,Raleigh,North Carolina,27604 An Equal Opponunry I AKrmalive Action Employer-50%RecKed 110%Post Consumer Paper . Mr. Sterrett • Page 2 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, Kristin Hicltlin Assistant State Mining Specialist Land Quality Section cc: Ms. Janet Boyer, PE r � MINING CHECKLI5T FOR ROUTING Awsvl NA0.rhnez •--'o Applicant's Name: "jb "i,i E. krrd ( Project Name: � CV49aV- I b l � Applic./Permiit Nos t' (ICounty: kbx [Svc Date Received: 1'OS Reviewer. Y ( VA t11CQi ✓\ River BaeinName: U Qyty` 0 New ❑Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside pl&niitboun"Hes) ❑Transfer ❑ Release ❑Partial Release ( Vditional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please.^. mnntw rntire appli a ion package to: IRegional vffiee (2 complete copies;attach the "LQ5 Regional Office Mining Application Review Checklist"to one copy and attach Lath the DWQ and DAQ "Mining Application Revew Form"to the th r copy; send both co ies to the Regional Engineer) Date: Routed -5-01 Rec'd ❑Division of Water Resources Data: Routed Rec'd ❑NC Wildlife Resources Commission Date: Routed Rec'd ❑U5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pggrr of the apnllcatlon and any location maps tom u vvivision of Parks Px Recreation vale: ROUted Rec a [INC Geological Survey 5ection Date: Routed Reca t (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reca (Only new applications) ❑Other: Date: Routed Rec'd *"Ouepen5e Date for Comments: _ (no later than 25 days from recelpt) *lean she' note the following: i • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES F_ "LAND QUALITY SECTION " CINy7 APPLICATION FOR A MINING PERMIT MIN A CE POYNT nU TVPE.) qr �J`1 -):-1 1. Name of Mine jh5f I ILL County River Basin Latitude (dd.mm.ss) Longitude (dd.mm.ss) 2. Name of Applicant* 61'Vl G`S (��• S� re- 3. Permanent address for receipt of official mail** 115 ew-ra c_c. le�C Dv _ ZL? Telephone 4. Mine Office Address s -- Telephone 5 '� 5. Mine Manager CYYt a-% •��`e-✓✓i✓fif` WP hP.rphv l`P.rtifu that All ltP+ails Pnntain Pli in t111Q PPrmlt A nrlll Plltlnll arA tr11P and enl'rPPt till the kpaf of nllr knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. AAJ I r�lx Si, n **:Signature Date Print Name^ -_FKCMcLj, . Title njY1 A__ * 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 Co1milete 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- JP I I j AP11" Ile 1 rid; lit 0 At I ! %"I I r c' All N11% A 0 1, At man. 1 no!t low;OW Uy 0. in a L a a I oil m4 rQuAlypn !hn I A '101 ni sun i am-, A WMA r zPq "amn SK'n .0 'It h: , fit: jqijjj;V W.15h; 19fro" �vm V-.is :�qv m jr x"" in", up Omn I at . .fit "g. 0 YOZ 11 1, .I0 QVIS SLI- ,o,ru.-Y U On Do";Abu ad wo aHmap lit inviO I L aw-ri 19q T aI Aminj md omAl h Nf01ATSWoWvL Wmv ijuil" cvix wManj LIW TEE R { ti . h t _ { fvti t — ie� aw�n cwrt axvxv �F xn_ 1{ Luf LE, hL �uN 44 13 It cl) M t1i . � / � / , LIW 7 « * « > \ � \ � . . � . . �\ «� � © . « . \ [ �` �.�� 'rl Ail, 1 « 4 i I i i I i f E , i �aH gd f f f' ffff e � k f Z fu ro z wm , • ar t t C-s rqca i .v 3 _9 AM.h North Carolina Department of "' = Environment & Natural Resources NCDENRDivision of Land Resources — Land Quality Section 1612 Mail Service Center, Raleigh, NC 27699-1612 Phone (919) 733-4574 Fax (919) r!1$- $$01 r' aesimile Date: I a Qs TO: Phone No: Fax No: 39 FROM: ? Extension: COMMENTS: Is ace 1ek � Peu You should be receiving �page(s) including cover sheet. If you do not receive all pages, please cnrtact sender. WNW 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 July 15, 2005 William G. Ross Jr.,Secretary Mr. Thomas E. and Linda M. Sterrett 115 Terrace Ridge Drive Franklin, NC 28734 RE: Permit No. 57-10 . Application Received: July 11, 2005 Macon County Little Tennessee River Basin Dear Applicant: A cursory review.has been completed on the information you submitted for the transfer of the referenced mine site. The information noted on the attached. checklist is required to complete your application. if this office has not received the information by the indicated deadline, your application may be disapproved. PLEASE BE ADVISED THAT YOUR APPLICATION IS NOT COMPLETE UNTIL ALL OF THE ITEMS LISTED ON THE E ATTACHED CHECKLIST HAVE BEEN FULLY w nReCCC�fI MJYf�L.V V ..r• ' 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 Please contact me at (919) 733-4574 if you have any questions. ZSinc reiy, r K'istin Hickiin Assistant State Mining Specialist Land Quality Section Enclosures cc: Ms. Janet Boyer, PE 1612 Mail,Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574 I FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina, 27604 An Equal Opportunity 1 Afrirmalive Action Employer—50%Recycled l 10%Post Consumer Paper CHECKLIST FOR REQUIRED INFORMATION The following information is required by 15A NCAC 5B .0004 and .0012 in order for the application to be deemed com lete. If the information is not received within 21 days of the date of this checklist, the review will cease and the application file will be closed or your applicat,^n r:^ay be d.sapproved. Applicant: Thomas E. and Linda M. Sterrett Date: 7-15-05 Project: Rose Creek Mine Transfer Application/Permit No: 57-10 County: Macon Initials: KH Date Received: 7-11-05 Mining permit boundary missing or confusing on map. L: Buffer zones-missing from map. _: Line item 2 on Page 1 of the application "Name of Applicant" must read exactly the same as on the Assignment of Savings Account "Operator" name. Please revise either Page 1 of the application or the Assignment of Savings Account to reflect the same name. : The original Assignment of Savings Account form and deposit slip must be submitted to this office. i • • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION - APPLICATION FOR A MINING PERMIT �+ _ (PLEASE PRINT OR TYPE) 1. Nameof Mine "R�5e- ( ee.k f(/livtr County AC d-r-1 River Basin Latitude(dd.mm.ss) + Longitude (dd.mm.ss) 2. Name of Applicant* —I�hrrela-S iE . ,i" L; 'c' ye've-Gt -- 3. Permanent address for receipt of official mail** 11 5 T✓/dwICfG t•. F� anLLr1 A.JC Z473Y Telephone 82.9 — 349 . 37Zq 4. Mine Office Address S G✓t'u- Telephone 5(AYrIL 5. Mine Manager -7'hayYla.S E. S-{'e.✓rC'h}' We hereby certify that all details contained in this Permit Application are true and correct to the hest of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. '"Signature I � Date �6Y I la' OJ Print Name Vld r S - S�- re-rl— Title n vxy%cl✓ This will be the name that the mining permit will be issued to and the time that must be indicatedon 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 grant or deny an application for a permit within 60 days of receipt ofa complete application or, if a public hearing is beld, 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_ Oo'14'^nay 11: ?s 91971E16 HC DENR DLE PAGE a2 ASSIGNMENT OF SAVINGS ACCOUNT This Assignment mode and ant rp�t into(hg e7 day of U n �200 S by and between 'Tit o a s �. U f2(/e tztf I r 5 c m ^ �ecss D� &ky �N c a n I Ll � County o1 m p Cosdi ! .)State of North Carolina and the North Carolina Department off Environment and Natural Resources; and WHEREAS, The undersigned S rC S Ta K +cam �—�— (Operator) (hereinafter referred to as 'Dperator') is desirous of engaging In ,mining operations in the State of North Caroline and such mining operations are subject to the provisions of the Mining Act of 1971, Artiele 7, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-60 requires that mina operators obtain a permit from the Department of Environment and Natural Resources (hereinafter referred to as"Departmenr) before engaging in mining operations, and NCGS 74-54 requires that a surety bond in favor of the State be maintained or other security be filed with the Department, in connection with cold permit; and _ WHEREASOperator has a savings secounl I f' o r a S (bank name) at I 3 Lw S �" of ES n . VQ , d County of (.ddrsakl { q \O a y u P ASS rn a c..�, .r...1 � . Slate of North Carolina, S go Account No. and e. p , WHEREAS, NCGS 74-64 authorizes the Oet arlment to accept from Operator or, assignment of a savings account in a North Carolina bank, in Neu of a surely bond; NOW. THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does har4by sell,, gsalgn, trans pi, set over to the Department of Environment and Natural Resources lla w J -y dollar (S 000 .o N 1 of the sums on (dollar mount wrhlen)C_ r N �� deposit in his name In a.rnj n- r c s , City of F� pl r' (bank name) C D County of_Jw�gr�rJ _, State of North Carolina,9avM§s Account No. 45 and further authorizes (bank name) to pay over to trye Department of Environment and Natural Resources the above sum Of . l�nQa t�i pJr and -t— rt dollars (S r nn . o o S oul of the above (dollar amourtt written) ' QW money deposit in the above account In his name. The condition of the foregoing assignment is that If the assignor Operator conducts the mining operations faithfully, honestly, and lawfully and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, then this assignment shall be null and void; otherwise It shall remain in full force and effect. Compliance with TRANSMISSION VERIFICATION REPQR'r TIME, 97/2 7/;'005 13: 49 NAME, NC DEHR DLR FAX 9197158881 TEL 9197333833 DA f E, I 1 ME kJ 7/2 f 1 I:4 y FAX NO./NAME 9123999228€30 DURATION 00:00: 00 PAGE(S) 00 RESULT E-U`c;Y MODE STANDARD BUSY: BUSY/NO RESPONSE TRANSMISSION VERIFICATION REPORT TIME : 07/27/2005 13: 20 NAME : NC DENP DLR FAX : 91.97157801 TEL : 91.97_'Oii033 EER. q z-.xxz�xx,xxx. DATE.TIME 07/27 1?:20 FAX ND./NAME 912399922090 DURATION 00:00: 43 PAGE(S) 00 RESULT NG MODE STANDARD NG: POOR LINE CONDITION TRANSMISSION VERIFICATION REPORT J TIME : 07;2T/2005 13:1`G NAME : NC DENR DLR FAX : 9197158901 TEL : 91 97 33 010 33 EER.k xxxxx�-cxxxxx DAIL, llM 07/27 12:12� FAX NO. /NAME 912399922880 DLIRATICN 00: 00:00 PAGE(S) D0 RESLLT BUSY MODE STCNDARD BUSY: BLBY/NC RESPONSE MINING CHECKLIST FOR ROUTING Avgua A&v,4+vttz --4 Applicants Name: M4 rve * Project Name: ]ROk y G U ea Applic./Permit No.:.51-locounty: Wtcyv Date R/ecleived: Reviewer.. y i skiv �i LL�j ✓\ River Basin Name: ❑New ❑ Renewal ❑ Modification (ins' permit boundaries) ❑Modification (outside permit boundaries) Tr nefer ❑Release ❑Partial Release ❑Addltionallnformation ❑ Fee Needed: $ Fee Received: , Spa RO Regional Office (2 complete copies: attach the "L Fegio ce Mining Application Review Checklist" to one copy and attach f?�th the WO a d AQ "Mining Application Review Form"to the other copy; send bath copies t R"onal Engineer) Date: Routed a MFJd- ❑ Division of Water Resources Date: Routed Rec'd ❑ NC Wildlife Resources Commission Date: Routed Rec'd ❑ US Fish & Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add !and to the permit) Please route first 3 pages of the application and any location mape too ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NG Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add and to the permit) C Divicion V °,rchlves & Histo y Date: Routed Rec'd (only new applications) ❑Other. Date: Routed Rec'd "`5uspenae Date for Comments S,G,05 (no later than 2P days��p � from receipt) l r 37 q I D `iPle/a�se note the following: y PyIO�Ak V'C 1 i ew I QStdw OVAJ, P�OPodA I n tUrw� �ct-- I ROSE CREEK MINE 1110 THOWS F OR LINDA M STERRETT 11E TERRACE RIME DRIVE FRANKLIN,WINI 1 TT r R131161ri 5E� MTE JWW 71 ZOU.S E MrrorNE Naidln �.0.A'o n.w �.c.IoaJ-hY,wi' >t I:nJl�cnnw.J- �i 1�>k' I(2es. $ 1576- oEDaoE %mv DD IAM e e CARIXINA F6RT FLWK FRNitt1N,NC>.(�Y81 �1 (' FOR I l SI' �� s1Yv U4. V ! I . Rose CreeK Mine xsc�r�.ED 115 Terrace Ridge Dr flanKlin, NC 28734 ��� 112aos WWW.roseCreeKmine.com AND QUAlI7Y SEC71pN 828-349-3774 June 30, 2005 North Carolina Dept of Environment& Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 Re: Mine Permit No. 57-10 Rose Creek Mine Please let this letter serve as our request that the existing permit be transferred from Angus C Martinez Jr to Thomas E. Sterrett di Rose Creek Mine. Thomas Sterrett accepts any and all responsibilities and liabilities with respect to the Mining Act of 1971. SinCc�erel�y,�"�'"1'� _ The md . Stemail Cc: Marry& Becky Martinez Warrun+�—l7Cri71•Pnrng 'ren pc ryddit:,a vc • ' .. 1 3., _ � _ f F ♦� ' i ,�� k pp _ •t. from Angus C Martinez Jr. April 26, 2005 PO Box 490 Bonita Springs, FL 34133 to NC Dept of Environment & Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh, NC 27699-1612 re: Mine Permit No. 57-10 Rose Creek Mine To Whom It May Concern, This is to request that the mine permit for the following; Rose Creek Mine, Macon County, permit number 57-10, be transfered to Thomas and/or his wife Linda Sterrett who are the proposed permittees. They will continue to use the same name and address for the mine and are the landowners of the land covered by the permit. I am the holder of the existing bond and it may be returned to me at the above address along with notification of the permit transfer. In the event there are any questions regarding the transfer you may contact my son, Angus C Martinez III, by phone at 828-349-4671. Respectfully, Anaus C Martinez Jr. • NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT lPi.ri ACri PAINT nD TVPFI /� � to a.aalc awral a aaaa i s vaa a a a a�f 1. Name of Mine �OSe- C. e P_k• Mine- County /A Cj.C6-In River Basin Latitude (dd.mm.ss) Longitude(dd.mm.ss) 2. Name of Applicant* 7110-via-S L . 4 L; nck. M . S+e v rG tf' 3- Permanent address for receint of official mail** I ti S P.✓e-n c_P e - Telephone- - 0 Z.S - 3 q-q - .37 74 _ 4. Mine Office Address S G-✓h e- Telephone SG_r C- 5. Mine Manager--- n cyn n-5 C. S 4-e.v-re't+.....,..., . ..„,__.. , ,...__.,.. ,_. ..,.... 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 Print Name '16Y]i1 eLs S fW re,f Title t) uJY\t'V * 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 fora 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 fling 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-- • r # � � .: :- .< ;}rr.;: #e• , � � , it a f ..L , .. 'i ia� •-kh `} . � 't 'i. .1, `!; •1?#'.+fig , ?. •i�. :ii� �.- 6� ;r�i' �E:,i, _.. ,t; .j 4.;,t:-'. . i ;i .# .',rr .r• �, ��I: #' :IAF➢ r .�1'`' `.r%, 7i# c`i r. �+1; ': 'r� ':r-. �y. j' . j:;�{ �..#, � . 6# r` , r- '.�,. _{.. (� ,t,i, � l ,', ,i:r' r�}';i: a "f�', ` .rl.' �eJ ��.ik.�lf'e,. rr f1f_`.#!.i ;i) 't!! .. •i ,f .. r'j f�� + f ' r;� ;: :ri• t: ���, ! . , i:r;",iE,": �fr l� r �. ,.:.}'� :Lrr` ,Y�Fr . - 'r :f:'A r � :fY'. Erg q, e � 1 rir , `'e i :+' , ,41 �: a:.i..'� C.+:�r .;'r 8.11 '}C {+� .. •!: , . r +,y• y �` i r � • Y , APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining opera�on 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�t a "new permit" fee will be based upon): Of this acreage,how much is owned and how much is leased? Acres owned: Acres ]eased: Property owner if leased: h_ Tfthk is sn annlicatinn fnr RF.NRWA1.cif a mininv hermit_indicate the minims nermit number and the total (overall)acreage covered y 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 LOW koverall) acreage covered by Enc exisLing pciTmi: rviining rcrmcc No.: Total permitted acreage: Does the mod cation 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 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. J#this is an application for TRANSFER of a mining permit,indicate the mining p t number and e total (overall) acreage covere +t e e�cfisting permit: Mining Permit No.: - D Total permitted acreage: . `� 1Z5 i SEE I HE rrEn SCHEDUjun I T nr L'.N"Or I HIS rORivI FOR IHn 1-n"FnJN rnjr iA r0UIN JL T O BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: OT-mi e,�- 3. Mining method: Hydraulic Dredge Front-end Loader&Truck Shovel&Truck Dragline & Truck Self-loading Scraper Other(explain) -2- �. .'S f . . , •, .r � ,. :, _ � _ Y ., .'. � � .1 }'i _ � � �. � �t i �. .� i 1 .. �� .. .. � � -� � _ .. � - � i "�'. _ _. ... - .r � �� ., �. .,, APPLICATION FOR A MINING PERMIT r 4. a. Expected maximum depth of mine (feet) Depth is relative to what benchmark? (e.g., natural ground level,mean level, road elevation, etc.) rlwntwt b. Expected average depth of mine (feet) 10 5. Has any area(s) at this site been mined in the past? Yes ✓ No If yes,when and by whom was this activity conducted? �r�C✓"G�A n eJ 6. Number of years for which the permit is requested (10 years maximum): B. MAPS I. Clearly mark and label the location of your mining operation on six 6 coijes of a 7.5 minute quadrangle and a county highway map. These maps, in addition to sia (61 conies o a mine maps and reclamation maps, must be submitted with each permit application. 7.5 minute aundran¢1es inav he nhtained 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- �. ;'; �. ,., � ��.� , , , � ,�, p.fr� .. _. _ . . . _,:.y.. . � r'r -. li � . . � . w ' +� ' : +� f ' ' '� � �'• ,�� � .. . ,� ' . # . r`- 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 aJJected durinthe life ofthe miningpermit. Please insert the approximate acreage for each ..ter nlho.»:n:nnnno.ne:nn : __nhM_�.n:n;no.,o..na DTIai¢ reClamallOn COS1/QCr¢ rOr ¢aCh Cal¢POrl' tra m the Schedule O Reclamati insert t ¢ ❑pOIOon Costs provided with This a li 'o or OR n e er tot a De art e t fo c !cu to ur bond or based upon r mom una standardreclamation owls: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE• COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: Ac. X $ /Ac. _ $ Mine Excavation: Ac. X $ /Ac. _ $ Other: Ac. $ /Ac. _ $ TOTAL AFFECTED AC.: c. (TOTAL PERMITTED AC.: S 25 Ae.) Tem *'-Permanent Sedimentdion & Erosion Control Measures: MAZE TOTAL AFFECTgED AC. above into the following two categories: a) affected acres that drain into propOsed/existing excavation and/or b)affected acres that will he graded for positive drainage where measures will e needed to prevent offaite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (Ito 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ Total Reclamation Bond Cost: (round down to the nearest $100.00) -14- • �` 5 ' � . i L I � ' � •� I } � _ R i - .. . S ' i f�� f + � � F� r APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right ofentry 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 me ueparhnent or us appointed represenumves me right to make whatever envies 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 m G.S. 74-59. I AATIIA D. Boor lC ewer; n Signature: 922t* tgnaturc Print Name: _ 1/YVL(tiS E. nS' -I-eOj rl Print Name: 1CYnr+ 5 E. �e✓/Gf� Address: 1 (S lelfa ce Q:t4e iW Title: QFJv0\G✓ L 2-e 13t-f Company: 203eC 0rec ' /r LOLL Telephone: _Q2 g- 3�Cj - 3—I "1 y- Mine Name: 1 osc- Cr4alG kor. *Signature must be the same as the individual who signed Page I of this application. Six 6 copies of the completed auglication, six fi copies of all location ma s mine ma s and reclamation ma s and the a ro nate rocessm ee see next page for ee sche u e)in the form a chec or money order paya Ic[o the orth aro ma 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 (919) 733-4574. -16- • ! . . . , • , F r �" �✓✓•'?.Y m 'r '- �, n/v 4°'R' {� P _ R mommI Lr i, $r� �6✓. /BEY ROW A 4/ dIpp , REk�IE,GBS a y i• 1, � % 4fT11i//1 NEl 4' / S� F '' "u p 1 St : I I FlrIiTOWER r { MM P!YT A', d �• 1 , �� T NSHI .r ems ,, 14 If t ELOC LD""aioi R5 R a ,utul r +'r CM let iLOCII BRED t. � ;• f( g 31 L IE. II b ft .4 G ri �^ S J eIS jh{1 @ `L r I 4 l 3 �� n�b✓ .a, 1 s�g1T^ y3 ; aA a qL¢ h81'In �' � '. 'Rpse creeK Mine €� 3 'h p' v5 Terrace R1d4e Dr Y . }7anKOn. NC 2e734 r.., www.rosecteeKmit)e.com Y e Y l II / mill .Y' � ,P F y . :f CO WE f a YI Ed EL RE MRRY ] @ 1 scx L p / t ^st P"D BIKE N ; { If�� n" � i�.tr 4a N�°f I✓� �f1 fir'" '7n 'La v n L dM�� �' ax 1 +�e1C � �P' i�' =� d IP"'yff5:__ +.�t•A3 �`. nus �'rY� "�� �i � E N a ➢N aw �'k°4�k+ R� RAGATS l�v MP ONCC W fPN NO'T' 1 N d 00.e p "} OIRPOLIY 9 y�f,� 1� � ORO e , Y ♦ p w ( { b 1 �{ a` ..R VA suA i rt 'P �� /r �dY 4 Lo b 1 WON l�l Q9/ � �D3^i A°A4 3 Pxyga �V''T p n t ' v R � �+ Spnngs k rf Y"�1vi� ^. y' 1v°7 " ' ✓if 5 . ,. F°, 'i fG'' { `eL:� a' Wt a f a "' . m f�'"� w � ro P"°M '.. t. Y ✓ x o 4t g .,y to { R f s an wi ) A k W :r ll f k anti � �tiPP � , °rs '3i"+� ` { �r9 t � f { { 5 } � �f � x 1 R.d P� rl It j�y;3�✓� t . � ice, y� � A i a!p"� �C 1� Ye D n, ' Rose CreeK Mine TED STATES v5 Terrace721dge Dr zE,6�Se FranKlin,NC 2/34 FRANKLIN QUADRANGLE VALLEY AUTHORITY NORTH CAROLINA-MACON CO I SERVICES BRANCH www.roseCreehmit)e.com s _ 7.5 MINUTE SERIES(TOPOGRAPHIC) 167-NW 1954 rV SW LAUADA IS IS mi.'LARKA 166-SW7 °79 83*22.90' ' - 280 • '81. k4VESTS MILL 0.9 M! 82 690 CO0 FEET �83 5 7.03 r •-`� , -� � .'=p00 _ , dam_ It i002 FEET 60 Oka ��\� eo1���'L(�.11���\i����f:(..//J ��.1 C��+..•;a!�i.�' _���..-.,.' �!/\v i f.l�(���.���� � ���a99 IS` p o9A,e 1 AI E §g"m : eg99E . F i ° \`-• V RUpF ay 9 p 6 \� 54 ylNll L 8 os!4 'Tom; 11 : 3@ 91571BBS01 HC ut'rk ASSIGNMENT OF SAVINGS ACCOUNT This Assignment made and an y8tl info th du of[�0m o 200 6 b and between =1,o.., a s (�'fQ_//e} {' I I S -/"e M n-E I r, DO- r14 1 � (add as) .-POW Y"ry ��.a n W . ✓ , County of �"'') p Co r—' , State of North Carolina and the North Carolina Department of Environment and Natural Resources; and WHEREAS, The undersigned �l o s `C S 4' n K-Lo (operator) (hereinafter referred to as "0p_rafol"j Is dashous of engaging In mining operations In the State of North Carolina and such mining operations are subject to the provisions of the Mining Act of t )71, Article 7, Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-60 requires that mine operators obtain a permit from the Department of Environment and Natural Resources (hereinafter referred to as "Departments before engaging in mining operations, and NCGS 74- 54 requires that a surety bond in favor of the State be msintalned or other security be filed with the Department, in connection with said permit; and _ WHERE S, Operator has a savings account i f2 o r a 1 5 (bank name) at j `tie"- S of I--.,:L<.!a ..k\ r� . County of (address, o, + 1^v-� a 45 t . State of North Carolina, S gs Account No. and r.0 WHEREAS, NCGS 74-64 aukhc- a the Depae brats: accept from Operator sn assignment of a savings account in a North Carolina bank, In lieu of a surety bond; NOW,THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does Ill et@by sellI, ¢salgn, tran��er, set over to the Department of Environment and Natural Resources ..j ,L o d+.d( Y ^9'' dollars (S 00 0 o a 1 of the sums on (dollar amount written) dopdsn in hie name �s C�-r) +✓il , t' r c City of (2 W"\w (hank name) n Coun of rJ ., State,of North Corollne,9esf§a Account No. and further authorizes - (bank name) to pay over to tie Department of Environment and Natural Resources the above sum Of �1_b1Aa.e t:h OJs a,,d i- M� dollars (S 2 nno o a ) out of the above (dollar amount written) � , oc, f— money deposit In the above account in his name. The condition of the foregoing assignment is that If the assignor Operator conducts the - mining operations faithfully, honesty, and lawfully and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, then this assignment shall be null and void: otherwise H shall remain In full force and effect. Compliance with e,ela :cte. v � ae 91971 i Ni-- DEW DLE � FoeE es the requirement of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department . This assignment Is made and the C- (passbook, deposit book eic.) is to be held by the Department as collateral security for all direct or Indirect liabilities of the assignor Operator to the assignee Department that may arise by reason of the Mining Act 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorization to C W (bank name) to pay said sum to Department on demand by Dope gnoturo o Sworn to re me this day of 1! ��.P , 2l Notary Public 1ML My lrajaC u5( ?d, t (Affix Seal) ACKNOWLEDGEMENT BY BANK The foregoing Assignment of Sevin pa Account Is hereby acknowledged this day of _ U 20Qs It is further acknowledged that funds In the above mentioned account VWall not be disbursed except to the assignee, Department of ENR while the assignment remains In effect This the _ day of.C:;`'" , 262.5 by_ — 4 kPn:= !u_y P6r4eK S "-i rR�nlu, � t1C � g73 (moiling address of bards) Sworn to before a this day of:I!.(.rti f , 20,29 Notary Public Lw�f1J �7� My Commission Expires Aj96 :5'i4j 2OGG �eal) PLEASE MAIL THIS FORM Al THE ATTACHED INSTRUMENT TO THE FOLLOWING ADDRESS: LAND QUALITY SECTION 1612 Mail Service Center Raleigh, NC 2769l Date Opened: 06/20/2005 Term: 2• her: Certificate of Deposit Account Number: Amount of •• Deposit: 71s thousand and W/100 $3,000.00 This Time Deposit Is Issued to: 'Issuer: Cxr Ol ina First Bank 143 F'ortP EtrBDt _ Franklin MC 28734 TH390 is'OG AR STERRETT Franklin L IM M STERRETT 8283490858 115 TERRACE RIDSE DR FRANKWN NC 28734-0000 Not Negotiable-Not Transferable-Additional terms we below.. By f 1"-Ct6w- L Additional Terms and Disclosures This form contains the terms for your time deposit. It is also die Renewal Policy: Truth-in-Savings disclosure for those depositors entitled m one. There ❑Single Maturity: If checked, this account will net automatically am additional tenets and disclosures on page bvp of We form, same of renew. huerest El will CC will not accrue after maturity. which explain or expand on those below. You should keep one copy of this farm. ®Automntk Renewal: If checked. this account will automatically Minority Dole:This account mamma V 07/20/2007 renew on die maturity date. (see page two for Forms) (See below for renewal information.) Internet ® will ❑ will rot accrue after final mmurily. Rate Information: The interest For for thin seem_.^.: ie 3'.970 as .. MN. OVJNERS]UP-. You have requested and intend the type of with an annual percentage yield of 4.05 %. This rate will be account marked below. paid until the maturity dale specified above. Interest begins to accrue on ❑Individual ❑ load Account-No Survivorship r..r...ie mmm o the business day yen deposit any annual item(for.example,a check). ❑Trust-. Separate Agreement Dated Interest will he compounded dailY ❑ Interest will be credited at maturity MBANKJOINTACCOUNT WITH RIGHT OFSURVIVORSHIP G.S. 6 53-146.1 ® The annualpercentage ield assumes that interest remains on de sit We understand dot by establish'mg a Joint account under the provisions Y W of Norm Carotin@ General gumre g 53-146.1 that: until maturity.A withdrawal of interest will reduce earnings. I, The bank may in die-account unless we have agreed with pa the money in the account to, or on the order of, Elre you close cyieldrud account before interest is credited, you person rem you will nor any bank get withdrawals require more signorina;one signore;and receive the accrued interest. die Upon the death of one joint owner the merely remaining in the Minimum Balance Requirement: You must make a minimum deposit in account will belongg to the surviving joint owners and will not pass by inheritance 0 the heirs of the deceased joint owner or be open this accnum of$ 2500.00 controlled by the deceased joint owner's will. ® You must maintain this minimum balance on a daily basis in earn the We DO elect to create the right of aurvrvorahip in this account. annual percentage yield disclosed. Withdrawals of Internet: Interest El seemed 00credited during ❑ BANK PAYABLE ON DRATHACCOUNT G.S. $53-146.2 term can be withdrawn: Without Dell UWe understand that by establishing a Payable on Death account Fisher the provisions of North Carolina General Steel {53-146.2 that: I. During mylour lifetime Uwe, individually or j01Rdy, may withdraw Early Withdrawal Penalty: If we cement to a request for a withdrawal the money in the account;and that is otherwise not permitted you may have to pay a penalty. The 2. By written direction to the bank I/we, individually or jointly, may penalty will be an amount equal to: <=31 dava=all int; 32-182 change the beneficiary or beneficiaries; and 3. Upon my/our death the mom remaining in the account will belong days-30 dRyB int, • 183 OM-1 YPdT=90 dapre int- i to the beneficiary or beneWraries, and the money will not be >1 year=182 days int. interest en lbe ammuer •�:L"Am::m. inherited by my/our beirs or be controlled by will. TIN: 260158733 Name and Address of Beneficiary/Beneficiaries: SOCIAL SECURITY OR EMPLOYER'S I.D.NUMBER-A correct taxpayer identification number is required for almost every type of account. A certification far th% number is also- required and is conmined on the first copy of this cen)fuma The NUMBER OF ENDORSEMENTS needed for withdrawal or any BACKUP WITHHOLDING - A certtfication thin you are nos subject in other purpose is:l beckupwithholdingis necessary for almost all accounts(except for persons IIER60HS , 7'W17761 who are exempt altoge thither). This cenifrcetion is wntained on the first x copy of this foot. Failure in provide this certification when required will cause us in withhold a percentage of the interest --me led(`—pa�rcar:m the A IRS). Providing a false certification ens mull in serious federal peraltiee. x E5q5inPW mitsa3 series svemrs,me.,St r caw,MN Form coaaaatsc ul 3l4l2oe2 READ PAGE TWO FOR ADDITIONAL TEIVWS area.ror9 , DEFINITIONS: As used in these Terms and ditions on page 2; Payable on Death qD) Account (subject to this form) - A "we," "our," and "us" mean the issuer of this count and "you"-and beneficiary acquires thet to withdraw only.if(1) the person creating "your" meAn the depositor(s). "Account' means the original-certificate of the account dies, and (2) the beneficiary is then living. The person deposit as well as the deposit it evidences, creating this account type reserves the right to: (1) change beneficiaries; (2) change account types; and (3) withdraw all or any part of the deposit TRANSFER: "Transfer" means any change in ownership, withdrawal at any time. This agreement is governed by North Carolina General rights, or survivorship rights, including(but not limited to) any pledge or Statutes§53-146.2. SSS;amm�nt of thie nrrnnnt ne rnllntarn1 Vnn rnnnnt transfer thic nrrnnnt rr .er An..... & 19-h o..r t.. Ce....»..ao A.r..no...n..r _ li7e .,.at ..h.'A- h., .......a.....^... .". ...... ..-�........... �.,.....^.,... ."- --'-•-• __-.�.-. ^-_.. without our written consent. the terms of any separate agreement which clearly pertains to this account and which you file with us. Any additional consistent terms stated on this PRIMARY AGREEMENT: You agree to keep your funds`with us in this form will also apply. account until the maturity date. (An automatically renewable account matures at regular intervals.) You may not transfer this account without SET-OFF: You each agree that we may (without prior notice and when first obtaining our written consent. You must present this certificate when permitted by law) set off the funds in this account against any due and you request a withdrawal or a transfer. payable debt owed to us now or in the future, by any of you having the This account is void if the deposit is made by any method requiring right of withdrawal,to the extent of such person's or legal entity's right to collection(such as a check)and the deposit is not immediately collected in withdraw. If the debt arises from a note, "any due and payable debt full. If the deposit is made or payable in a foreign currency, the amount of includes the total amount of which we are entitled to demand payment the deposit will be adjusted to reflect anal exchange into U.S. dollars. under the terms of the note at the time we set off, including any balance We may change any term of this'agreement Rules governing changes the due date for'which we properly accelerate under the note. This right in interest rates have been provided. For other changes we will give you of set-off does not apply to this account if: (a) it is an Individual reasonable notice in writing or by any other method permitted by law. Retirement Account or other tax-deferred retirement account, or (b) the If any notice is necessary, you all agree that the notice will be debt is created by a consumer credit transaction under a credit card plan, :1aulll<icrlt t, ric lita AAA. ao 1:. eA.ipage one aft.." ir- V, t vunaCut� St v. or (c) the debtors right of withdrawal arises only in a representative must notify us of any change. capacity. You agree to hold us harmless from any claim arising as a result WITHDRAWALS AND TRANSFERS: Only those of you who sign the of our exercise of our right of set-off. permanent signature card may withdraw funds from this account. (In BALANCE COMPUTATION METHOD: We use the daily balance appropriate cases, a court appointed representative, a beneficiary of a method to calculate the interest on this account. This method applies a trust or pay-on-death account whose right of withdrawal has matured,or a daily periodic rate to the principal in the account each day. newly appointed and authorized representative of a legal entity may also withdraw from this account.)The specific number of you who must agree TRANSACTION LIMITATIONS: You cannot make additional deposits to any withdrawal is written on page one in the section bearing the title to this account during a term (other than credited interest). You cannot " . . . Number of Fndorsements . . . . " This means, for example, that if .4hAraw nrinrinat frnm thic nrrnnnt withnttt n„r rnncant nyrt+nt nn nr two of you sign the signature card but only one endorsemenris necessary 1--. ' 1.... .,. -• . ...... ..__-..... ........... .._. "_... _..__t.. _.. ,,. for withdrawal then either of you may request withdrawal of the entire after maturity. (For accounts that automatically renew, there is a grace account at any time.- period after each renewal date during which withdrawals are permitted These same rules apply to define the names and the number of you without penalty.) who can request our consent to a transfer. In certain circumstances such as the death or incompetence of an owner of this account, law permits, or in some cases requires, the waiver PLEDGES: Any pledge of this account (to which we have agreed), must of the early withdrawal penalty. first be satisfied before the rights of any joint account survivor, pay-on-death beneficiary or trust account beneficiary become effective. FOR ACCOUNTS THAT AUTOMATICALLY RENEW: Each For example, if one joint tenant pledges the account for payment of a debt renewal term will be Baffle c3S Oriq rla beginning on the maturity and thr n dine the m irviving ioint tenant's rights in this account are subiect first to the payment of the debt. V date (unless we nonly you, in writing, before a maturity date, of a different term for renewal). ACCOUNT OWNERSHIP: You intend these rules to apply to this You must notify us in writing before or within a ten account depending on the form of ownership and beneficiary designation, day grace period after the maturity date if you do not want this account to if any, specified on page I. We make no representations as to the automatically renew. appropriateness or effect of the ownership and beneficiary designations, interest earned during one term that is not withdrawn during or except as they determine to whom we pay the account funds. immediately after that term is added to principal for the renewal term. Individual Account-Such an account is owned by one person. The rate for each renewal term will be,determined by us on or just Joint Account-With Survivorship-Such an account is issued in the before the renewal date. You may call us on or shortly before the maturity name of two or more persons. Each of you intends that regardless of date and we can tell you what the interest rate will be for the next renewal whose funds are deposited in the account, upon your death the balance in term. On accounts with terms of longer than one month we will remind the account(subject to any previous pledge to which we have consented) you in advance of the renewal and tell you when the rate will he known will belong to the survivor(s). If two or more of you survive, you will for the renewal period. own the balance in the account as joint tenants with survivorship until you inform us of a'change in ownership or close this account. This agreement __a L_. ta..-.t. n..�..1 .... 1±.,........t Cr...,...... MCI 1AG 1 Qna a A..A;-1—U. :F rh:c " nr is arr nF an IAA nr ICanoh iJ governed uy twtul i.alUuna�ULIu tat OWMMa 1,...,-,w.t. .,.....7 F.......�....,.,..... if dhis account is part .fan!.....,. ......a... Joint Account - No Survivorship - Such an account is issued to two or more persons but none of you intends(merely by opening this account) to create any right of survivorship in any other person. We encourage you to agree and tell us in writing of the percentage of the deposit contributed by each of you.This information will not, however,affect the "number of endorsements" necessary for withdrawal. +E�M C 1993 Bankers Systems,Inc.,St,Cloud,MN Form C0•AABK•NC 3W2002 (page 2*t 21 Date Tax r_ . Opsued: 06/20/2005 Term�5 14-• Number: Certificate of Deposit Accmmf mnher:� Amount of Deposal '_lYsee ttnusarrl and no/100 t3.000.00 T ds Time Depma Is Issued to: Issuer. Carolina olina First Bank 143 P=ter Street Franklin NC 28734 T7[38s5 FM1R STERREPI' ..-' Franklin LDM M STERRH'IT 8283490858 115 TERRACE RUM DR FRANKLIN NC 28734-0000 %at Negotiable-Not Transferable -Additional terms are below. By AL S" f Additional Terms and Disclosures This Ibnn canuins the terms for your time deposit. It is also she Renewal Policy: Truth-in.Savings discli are for than depositors entitled to am. There ❑Single Minority: If checked, this amount will not automatically are additional terms and disclosures on page Iwo of this form, some of renew. Interest Cl will M will run accrue after maturity. which explain or expand on dose below. You should keep am copy of this film. ®Autommfe Renewal: If checked, this account rill automatically Maturity Date: This account matures 07/20/2007 renew on We Inamfiry date.(.see page Iwo for terms) (See Mow for remand information.) Interest IM will ❑ will oat accrue after fiml numrity. Rate Information: The interest rate far ibis account is 3.970 % ACCOUNT OWNERSHIP: You nine requested and intend the type M Willi an annual percenmge yied of 4.05 %, This new will be account marked Mbw. paid until ire maturity date specified above. Interest begins to accrue on Undivided ❑ )aim Account - No Survivorship r...�m.a,.....a the business day you deptaa any nmxash item(far erampe, a check). ❑muse Separate Agreement Dated Interest will be compounded daily ❑ma hottest will he credited at maturity MbANKJOINTACCOUNT WITH RIGHT OFSURVIVORS'HIP G.S. g 53-146.1 M The annual rcema a yield assumes that interest remains on de iI We understand that by establishing a Joint account under the provisions fre g Y pas of Nardi Caroline General Statute B 5t146.1 dmc until ntamray. A withdrawal of interest will reduce earnings. 1. The bank may pay the money in We accoum m, or on the order of, ❑ If you close our amount before interest is credited, you will Rat any person moral in the account unless we have agreed with Y Y the bard Nat withdrawals require more than acre sitinamrc: and receive (he accrued interest. 2. Upon the death of am joint owner the mane), remaining,in me Minimum Balance Requirement: You rum[make a minimum deposit m- account will Mbng m the surviving joint owners and will not pass n this uccnum n!$ 2500.00 by inheriume m the heirs of the deceased joint owner or be Iq+c committed by the dceeasedjaim awmr's mill. 0 You must Remain this minimum balance on a daily hasis to earn the We DO elect to cream the right of survivorship in this account. annual percentage yield disclosed. iN%hdmwaa or Interest: Interest El seemed ® credited during ❑ RANK MARLE ON DE4 TH ACCOUNT G.S. IS3-146.2 man can he withdrawn: WitI1011t DEfftalty IRVe understand nod by establishing a Pa able an Death account under the provisions of North Carolina General Satum 1 53-146.2 tom: I. During anyhow lifetime Ilene, individually or jointly, may withdraw Firly Withdrawal Penalty: If we consent to a request for a withdrawal the money N tut account: and this is otherwise Rot financed you may have to pay a penalty. The 2. By written direction m the bank Uwe, individually or jointly. may penalty will he an amount equal too <-31 din 1 int; 32-182 change din beneficiary or beneficiaries: and I � 3. Upon mylour death the mom remaining in the account will belting dM=30 days int. • 183 days-1 it'aZ=90 da�9 int. ; to me beneficiary or henelciarles, and die money will nut be >1 yoeaS-182 days int. interest an the ammrm wimdnwn. iMerum by mylour heirs or he controlled by will. TIN: 260158733 Name and Address of Bcmficary/&mficwrirs: SOCIAL SECURITY OR EMPLOYER'S I.O. NUMBER-A correct uapayer identification number is required for almost every type of account. A certification for ibis number is also required and is contained on the farm copy of(his cenificam. The NUMBER OF ENDORSEMENTS needed for withdrawal or any BACKUP W IlTH10LDING - A rumination 11141 you ae net subject to Other a +W B:1 backup whir Conn. is maesrary for dons all accounts w s far required wi .. who are esempt dtgedoo). This certification is cnnained tut I iris S cagy of this loon. padum m provide fd this erect caned when ),mend will caul• Pr v withhold a pe+manage of din interest tamed (for payment to the K IRSj. providing a fuisa cenhhcatan can result in an`w federal penalties. —11 K � { a toss avar,�swarm.iu..s,.amq.wu rum cpAs6axc rah a:umo: READ PACE N'0 FOR ADURIONAL TERMS roes, r of DEFINITIONS: As used in these Tempt Condition on page 2. Payable ou •h (POD) Account hrbletl to asks forms / ..r "Ve," "our," and "an mean the issuer of this account and "you" and beneficiary acquires the right to withdraw only if(U the person got "your" mean the deposimr(s). "Att'ouml" means The original cerrifieate of dive account dies, and (2) the beneficiary is then living. The Persia deposit as well as the deposh it evidences. ereadng this account type reserves the right to: (1)change beneficiaries (2) change account pees: and (3) withdraw all or any part of the deposi TRANSFER: 'Transfer" means any change in ownership• withdrawal at any time. This agreement is governed by North Camlirm Genera rights, ar surs•ivorship rights, including (hut on limited (a)any pledge or Smtutes 153-146.2. assignment of this account as collateral. You canna transfer this account Trust Account Subject to Separate.Agreement • We will abide h' without our wrinrn consent, the terms of any separate agreement which clearly pertains to this accour and which you file Wish us. Any additional consistent terms stated an thi PRIMARY AGREEMENT:You agree In keep your funds with us in this loan will also apply. account until the maturity date. (An autsmatically rermwable account marred at regular intervals,) You may not transfer this account without SET-OFF: You each agree that we may (without Prior notice and when first obtaining We written consent. You must present ibis cemift:am when permitted by law) act off the funds in this account against any due an you request a withdrawal or a transfer. payable debt owed to us new or in the lumm, by any of you having th This account is void if the deposit is made by any method requiring right of withdrawal, m the extent of such person's or legal endry's right o cullediru(such as a check)and the deposit is hot immediately collected in withdraw. If the debt arises from a fate, 'any due and payable gasp Poll. If the deposit is made or payable in a foreign cmreney, the amouut of includes fae mail amount of which we are entitled In demand paymef We deposit will toe adjusted to reflect final exchange into U.S. dollars. under the terms of[he ante at the time we set off. including any balane We may change any term of this agreement. Rules governing changes she due date for which we properly accelerate under die rate. This righ in interest rates have into provided. For other changes we will give you of set•nR does Out apply to this account if. (a) it is an Individuo reasonable notice in writing or by any other method permitted by law. Rethement Account or agree taxdefemed retirement account, or (b) th If any mange is necessary. you all agree that the office will he debt is created by a Committee credit transaction under a credit card plan sufficient if we mail it to the addicts listed an page ate of this font. You ar (c) the debtor's right of widwit awal arises only in a represenwlix mum maify,us of any change. capacity. You agree w hold us harmless from any claim arising as a msul WITHDRA1YALS AND TRANSFERS: Only those of you wha sign the' of me exercise of War right of sm-cM pentrammt signature card may withdraw funds fmm this account. (In BALANCE COMPUTATION SIETHOD: We use the daily halana appmpriate cases, a court appwmmid representative, a beneficiary of a method To calculate the intern on this arcane. This mriboJ appites anchor pay-ondeath account whose right of withdrawal has marred, can dolly periodic I . n¢at the principal in the aecoum each day. newly arranged and authorized'representative of a legal emiry may also withdraw from this account.)The specific number of you who must agree TRANSACTION LIMITATIONS: You cannot make additional deposit to any withdrawal is written on page am in the section bearing the ntle to this account during a warm (other than credited interesp. You came: " . . Number of Endorsements . . . . . lltic means, for example, that if withdraw principal hum this account without our consent except on o na two of you sign the sigrre card but only one endnasmtent is necessary alter maturity. account at (Fur accounts unit amouwrcally renew, there is a grac for withdrawal at any time.then eiibm of you may request withdrawalwithdrawalof the entire period after such remewel date during which withdrawals are pcnniun Tisane same rases apply m define the comes oral the number of you without remain circumstances who can request our content to a trans@r. owner gamin ccount. law p such m the dram se ir¢ntnpemnm of e owner of this ecrnunt, law permit,or in name cases rewires• the waive PLEDGES: Any pledge of this account(to which we have agreed), must of the early withdrawal penalty. first he satisfied before the right of any Mint account survivor, pay,esn-Jeath heneftciary or Imsl account beneficiary become effective. FOR ACCOUNTS THAT AU70MATICALLY RENEW: Fsc' For example. if rare pint Wrong pledges the account for payment of a debt renewal Mom will be glgaIIC dH OTicriDial beginning on tie mantrir ,Fir rinhtt n,FL ant'rc•M rFun .... wti n !n!n,... arrru,nl raw _._ ..._.._.-.. _._ x..:.ran.--... ._.__.. ..w.._!.. _._ _._ ! dare /unless we rosiry You, m writin6• afore a marriry dam. of first to me payment of the debt. different tttm for renewal). ACCOUNT OWNERSHIP: You intend these tees in apply to this You mist gtify in in writing before or within a tM account depending an the form of ownership and beneficiary designation, day grace period after the mamnry dam if you do mT want this account a if any, specified on page 1. We make no rnpm.e tiom as to the automatically renew. appropriateness or affect of the ownership and Ixneficiary desigradom. Interest tamed during one term that is not wigthawn outing a except as nary determine to whom we pay the account fords. immediately after tear term is added to principal for the rcrcewal term. Individual Among - Such an uccounl is awned by are person. The our for each renewal term will he determined by as on or in: Jolnl Account - Nils Survivorship - Such an account is issued in the before the renewal dam. You may call us on or shortly before The maturit come of two or more persons. Each of you inmMs chat regardless of dam and we can lea you what the interest ram will he for the next nenewt whose funds arc deposited in the account. upon your death the balance in term- On accounts with terms of longer than nice moth we war remin the aefoum (simper to any pmvmus pledge to which we have consenad) you in advance of the renewal and tell you when the rate will be know will belong air the survivor(s). If two or more of you survive, you will for the rerewal period. own the balance in The aecoum as joim senates with survivorship until you inform us of a change in ownership or dose this account. This agreement is governed by Nanh Carolina General Statures§53-146.1. Sm you plan doutesure if this account is pan of an IRA or Kengh. Joint Account • No Survmorsslp - Such an acgount is issued in mu or more peruins but none of you intends itinerary by opening this account) In room any right of survivorship in any other person. We encourage you to agree and fell us in writing of the p: centage of the deposit contributed , by each of you. This information will at, however.arm the "umber of endorsements" rmcessary for withdrawal. r of 019999annm ismt .Inc.,%.ma6 MN iwm C0.M8aNC 3/W2001 waIX 7of ®�w jE, 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 April 6, 2004 William G.Ross Jr., Secretary Certified Mail Return Receipt Requested Angus Martinez 115 Terrace Ridge Drive - Franklin, NC 28734 7002 3150 0003 7053 1946 RE: Rose Creek Mine Old Mining Permit No. 56-27 New Mining Permit No. 57-10 Macon County Little Tennessee River Basin Dear Mr. Martinez: The Land Quality Section of the Division of Land Resources must change your current mining permit number in order to conform to a state government Universal County Code System.which is part of an internet-based permit database management system. As part of this process, twelve (12) counties are affected by this conversion, including the county where the above mine is located. This permit number change does not affect or alter any conditions within your permit, nor does it affect your current expiration date. Please note that the new mining permit number is 57.10. To avoid any confusion in the future, please remove the old mining permit cover page and replace it with the attached new cover page that contains the new mining permit number. Thank you for your cooperation. Please contact me at (919) 733-4574 if you have any questions. Sincerely, loyd Ff. Williams, PG, CPG, CPESC State Mining Specialist Land Quality Section FRWIkh Enclosure cc: Mr. Carson Fisher, PE, with enclosure Dr. Jeff Reid, NC Geological Survey, without enclosure Mr. David McHenry, NC Wildlife Resources Commission, without enclosure Mr. Wit!!am Geminger- DOL, Min., and Quarry Bureau, • •Lhout en WOW a 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 Equsl ppponunlly 1 At're seve Acton Employer-50%Recycled 110%Post Consumer Paper / DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Angus C. Martinez, Jr. Rose Creek-Mine Macon County- Permit No. 57-10 for the operation of a Gemstone 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: August 21, 20Q8 II Ill Ill — Ill Ill — Ill Ill Ill I t g r K . IllIllIllIllIll7 -11 ii ., . �' i -ig e p a x P -6 - x IllIlla _ £� li . f �. # 8 f ,; .� . h. : .'xs, , i o-a i S . P �1 E i I I N.1 I 1.11 I �....1 "ll �tll I....1 "ll �tll.91, - I., 1.11 11.1 I., 11 I I I .... ...I ... 7....T,, s n a r z- i L . r h k },biz `4 k � S ' a ' 11 ". €bits I-669-1121-n 4 : 4 4� 6sr ' 1 s 1991999 a F 4 # "; _ . �.-"'+M+'ra•4+.'N[.tANI•-Mnvli:r^"�"rh/^�^t.r:'.iSinlln.'Ff'+"¢�%'"'Y+,.�;v«,rv.-vw✓kr:..�..;a.w:^Yw.w^-^.--w..,. -..w+ -..-�..-. - North Carolina Department of Environment, Health, and Natural)Resources,' .--" .el k Division of Land Resources, Land Ouality Section 5 Ogl C9 MINE INSPECTION REPORT L. PAW 1. MINE NAME b "( ( r U k k. u �) P1 . to 2!MINING PERMITp T 3. OPERATOR GI arms C . P9n � fr�v i. Z 4. COUNTY P9arc,-3 5. ADDRESS I TPrr�,e.r lz:d r 'QI- rvanlrl,n 6. PERMIT EXPIRATION DATE B I)i-QR 7. Person(s) contacted at she n/Ir n r a27341 8. Was mine operating at time o1 inspection? ❑Yes 214o 9. Pictures? ❑Yes ,p No 10. Date last inspected:_5 Ld-( `1}f 11. Any mining since last Inspection? -p�Yes ❑ No 12. Is the mine in compliance with the Operating Conditions of the Permit? p^Ves ❑Nc ' If no, explain: ' 13. Is the mine In compliance with the Reclamation Conditions of the Permit? 'U es ❑No If no, explain: 14. Did any of the above deficiencies result in offsite damage? ❑Yes No If yes, describe the type and severity of the damage: 15. Corrective measures needed and/or taken: �/ , . . ( / 1 c 16. Other recommendations and comments: Am 1,� 17. Is the Annual Reclamation Report +/- m accurate?po map OVes ONO (Explain) El Not Reviewed 18 Follow inspection needed? ❑YeaE osct Proposed tlale�J_ 19. No. o1 additional pages of Inspection Report_ 20. Copy of Report sent to,operator J .'_�•/ (date) INSPECTEDBY: S. �u_ .., DATE I 1 'a S Phone No: While copy to file VI copy to operator Pink copy to Mining SpedafW JI a91 North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section INSPECTIONMINE J' (PERMITTED MINE) 1. MINE NAME �'//� C//!Jle ��i�s/ 2. MINING PERMIT # .5J& d 7 3. OPERATOR (2t 7A/.tr,1 n 2 ✓ 4. COUNTY /yiioL. 5. ADDRESS er A?e. 5. y A41 t iV/ -d' -7 6. PERMIT EXPIRATION DATE / le)a 7. RIVER BASIN LT 8. Person(s) contacted at site 9. Was mine operating at time of insp tion? ❑ Yes A o 10. Pictures? ❑ Yes No 11. Date last inspected: / / 12. Any mining since last inspection ❑ Yes 724 13. Is the mine in compliance-wit u t 1,J'Opt -tipj Conditions of the Permit? A Yes ❑ No If no, explain: , 'i I' !b, L I' II ! 1 i.�4n 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 TX0 If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: X ixV .� ✓- ../ 17. Other recommendations and comments: /`i/vzr /1 ")7/ 18. Is the Annual Reclamation Report +/-map accurate? 7Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes No Proposed date 20. No. of additional pages of InspectionReport_. 21. Copy of Report sent to operator INSPECTED BY: --lr 4 11 DATE 1(d tl D Telephone No: ((4A 0; / /1. ;/ 7 White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural ResetrR�, CEIVE Division of Land Resources, Land Quality Section ID INE INSPECTION POR I A(PERMITTED MINE) B . 1. MINE NAME Kn.SC l VLQ.0 i ru 2. MINING PERMIT # 3. OPERATOR 4. COUNTY� MclL� n 5. ADDRESS .UC ^ 6. PERMIT EXPIRATION DATE 0 08 7. RIVER-BASIN i T S. Persons) contacted at site � 9. Was mine operating at time of inspect on? ❑ Yes O7 No 10. Pictures? ❑ Yes .2 No 11. Date last inspected: ! / U. Any mining since last inspection? ❑ Yes J2% 13, Is the mine in compliance with the Operating Conditions of the Permit? XYes ❑ 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 ff No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: Alliltf 17. Other recommendations and comments: 11115ve-/ 18. Is the Annual Reclamation Report +/-map accurate? Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes p No Proposed date 20. No, of additional pages. Inspection Report1. 21. Copy of Report sent to operator (date) INSPECTED BY: /Wu'o - DATE �? /A /01 Telephone No: (WP) 1>S/ %7o9i White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 NORT RdLINA DEPARTMENT OF � M.t ENVIRONMENT AND NATURAL RESOURCES —y.-% DIVISION OF LAND RESOURCES -NAVA NCDENR JAMES B.HUNTJH. _._ August 21 , 1998 GOVERNOR CERTIFIED MAIL RETURN RECE PT REQUESTED wA414E MCDEVITT SECRETARY Mr. Angus C. Martinez. Jr. 115 Terrace Ridge Drive Franklin, North Carolina 28734 CNARLE H.OARCNER NER P.O.,.,P.E.olnliereR ' . . RE: Permit No. 56-27 AND STATE GROLOGIIE Rose Creek Mine Macon County Little Tennessee River Basin Dear Mr. Martinez: Your application for renewal of the above referenced mining permit has been approved. A copy of the renewed permit is enclosed. The conditions in the permit renewal were based primarily upon the initial application. Modifications were made as indicated by the renewal request and as required to insure compliance with The Mining Act of 1971 . The new expiration date is August 21, 2008. As a reminder, your permitted acreage at this site is 5.0 acres and the amount of land you are approved to disturb is 1 .735 acres. In addition, because we have received the new Assignment of t_ Savings Account in an amount sufficient to cover this site, I am returning the $2,500.00 Assignment of Savings Account previously wn held by this office for this site to you. a ' } i v-• • ) LRN4gSURVE 9ECTIO 19191 T33-A423 FA%19191T33-0900 G[OLOCIULRURv[v SECTION I9191 733.3433 FA%19191 T3]-090D P.O.BOX 3]613].RALEIGH. NORTH CAROLINA 37911-79B7 TELEPHONE 19191]33-3R33 FA% ,91917I9-9R01 4N' AN EOmL OPPORTUNm/AFFIRMATIVE ACTION EMPLOYER.30% RECYCLED/IOS POcncONsuv[R PAPER CERTIFIED MAIL Mr. Martinez August 21 , 1998 Page Two -_..:_... .�_ -"'-.....a .._....:. _..a _a.a.... .w:_ ..�s:_.. ... roe er 71oo nv77n ncaac icvmvv LAG VVVU ycn III L UP 1U QUVIaU una �niw a. tOI �j i.r., should you have any questions concerning this matter. Sincerely, Tracy E. DaVia, P.c. State Mining Specialist Land Quality Section TEDIjw Enclosures cc: Mr. Richard Phillips, P.E. Ms. Barbara Rote-WRC, w/enclosures Mr. Bradley Bennett-DWQ, wlenclosures s 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 fib, "The Mining Act of 1971 ," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Anntis C. Martinez. Jr_ Rose Creek Mine Macon County - Permit No. 56-27 for the operation of a Gemstone 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 EXPIRATIQN DATE: August 21 , 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 +.-,.-1 +►... '* Thn .-.nnrn+nr r•hall .�..e rirr ht fin 7 hnorinn 7t 7 l�nCih n�tG rl i!Icorpor a ted III 1 IG permit i L. I I IG UF,lGI OIVI JI loll lint Give I�y�[� <.V u [iG.u�a[y u� 4 4Lw].y� «..�.. 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.5. 74-49. Exi2iration Dglg This permit shall be effective from the date of its issuance until August 21 , 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. ' • i Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the narmittaa'c racnnn_czihility to rnntart the Stnrmwater Ser-tinn_ Divicinn 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. , Ullllg l I Y UIJ VI UGI IegI that LJ . I IIII III at— L r\ LII LIIOLIIIOYmay UU necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer 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. Whenever possible, all drainage from the affected areas around the mine excavation shall be diverted internal to said excavatiUll Or In-LO the sedimentation ponds. Said ponds shall be cleaned out when they become one-half full of sediment. C. Mining activities shall be conducted as indicated on the mine map dated May 6, 1988 and received by the Land Quality Section on July 1 , 1998. 5. All mining permit boundaries (5.0 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 chiannels, 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. S. 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 20 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. C. Ror t3tio nurnncec of this nermit the Di I_Anion of Land Pacn"irrec rnncirrforc r r r + 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 ): 11 on-site generated land clearing debris 2) conveyor belts 3) wire cables 4) v-belts 5) steel reinforced air hoses 61 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; i Page 6 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 eA IQ UIIJI IGLJ. 1 1 . 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 $2,700.00 Assignment of Savings Account 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 The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the rieclarnation "'!an 2s a separable obligation of the � er mittee, 1Ilhih i oI ILII I cj beyond the terms of the Mining Permit. The approved plan provides: Miaimum 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. 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. F Thin nffartori land chall ho nraripri to nravont the rnllprtinn of nnxiniic nr. foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent_Se-edinci Specifications uates 7DE3G1 5 Rate, L.L151Hi:re February 15- April 1 Korean Lespedeza 10 Fescue 40 Redtop 1 inter 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 Ibs/acre or follow recommendations from a soil test. Fe (Bier- I VVV 10Alacre CYV-V or I V- I V- I V, or follow reciilllll endCa LIVI IO from a soil test. Mulch- All seeded areas shall be mulched using small gain straw at a rate of 2000 Ibslacre 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. 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 April 19, 1978 to Rose Creek Mine, Campground and Stables and transferred to Angus C. Martinez, Jr. and renewed June 6, 1988, is hereby renewed this 21st day of August, 1998 pursuant to G.S. 74-52. i - By: Charles H. Gardner, Director Division of Land Resources By Authority of the Secretary Of the Department of. Environment and Natural Resources �� irr • NORTH IRAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL oEEn�eDE� :Al DIVISION OF LAND RESOURCES �l -NCDENR July 31, 1998 JAMES B.HUNTJR. CONSUMER CERTIFIED MAIL •— RETURN RECEIPT REQUESTED Mr. Marty Martinez YVAYNEMCDCV : 115 Terrace Ridge Drive SECRETARY Franklin, North Carolina 28734 Re: Rase Creek Wiine CHu1LES H.GIAaONKIA Mining Permit No. 56-27 P.G..P.E.DIRECTOR I Macon County ANDSTATEGEOLCSIST Little Tennessee River Basin . • . Dear Mr. Martinez: The review has been completed on the renewal request you 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 dated May 6, 1988 and received by the Land Quality Section on July 1 , 1998. The reclamation bond for this site has been calculated to be $2,700.00. The calculation ' T - worksheet is enclosed for your review and the bond or appropriate .. . ._._ h._. ' . _. balance ($200.00) will be required prior to approval of this renewal. _} For your convenience, I have enclosed a bond form, an tW , 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 w1: :v; M pp g a mining permit, i.e., Angus C. Martinez, Jr. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. PLEASE BE ADVISED THAT THE RENEWAL REQUEST CANNOT __-xY,.� BE COMPLETED UNTIL THE NEW BOND AMOUNT HAS BEEN i?,aa •� �'h3s,y . RECEIVED. "NO QUALITY SECTION 19191733.4574 FAX 19191133.3BT8 v4'ai.-+µ'ree'Sv%L1• �ii" GEOLOGICAL SURVEY SECTION 1OIC733,2423 FAX19191733- 0e90 W 441i�' P.O. -0 O.BOX 27987. RALEIGH, NORTH CAROLINA 29011E87 TELEPHONE(9191733.3033 FAX19191715-SS01 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER-50% RECYCL5W 10% POLTCONEY HER PAPCR % CERTIFIED MAIL Mr. Martinez Page Two As required by G.S. 74-51 (h), you are hereby advised that you have 64 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 renewal request, please forward the bond to my attention at the roiio win g address: Land Quality Section P. Q. Box 27687 Raleigh, N. C. 27611 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Judith A. Wehner Assistant State Mining Specialist Land Quality Section JW Enclosures MINE PRCL•n*1nTION BOND CAl•CDL•amI IRKS NORx¢HEET (based upon 10-year mine/affected area plan) Permit. No. 07o a7 Permittee/Apphicant: 01nalca ` 2L�,vrr94 �9 Mine -Name: /ra+OG Lau cLa,G AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/ ' Sediment Ponds AC. X $_ / AC. _ $ Stockpiles $S Ac . X S/900°O / Ac. _ $ 1/,A3yb Wastepiles Ac . ' X $ / Ac . _ $ Processing Area/ Haul Roads j35 Ac . X $ / / Ac . _ $ (037a�0 Mine Excavation AIR9 Ac . X $ SD�°O/ Ac . $ SGy.SD Other Ac . X $ / Ac . , _ - $ TOTAL AFF,F�r AC. : /• 35' Ac . 5. 0 gym, fttCf 1636.3b Teemugary & Permanent Sedimentation A 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 / 3$ Ac . - b) Positive Drains e g 35 Ac . X $ 1500 / Ac . _ $ 632,40 . SUBTOTAL COST: $ ga 9d•urd Inflation Factor: - - .. 0 . 02 x SUBTOTAL COST: $ a a 4a.S0 x permit life : (1 to 10 years) INFLATION COST: $ 60 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ d i5/ w TOTAL RECLAMATION BOND .COST:_ $ a 9OO. 0 d (round down to the •nearest $100) r Bond Based Upon: Annual Reclamation Report Form Acreage Remarks : Bond Calculated By: Date of .Bond Calculation: • PLEASE REMIT THE 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. IF YOU SHOULD HAVE ANY QUESTIONS ON TIM ABOVE, PLEASE CONTACT THE INDIVIDUAL WHO Cn"7.CCII.�.TED YOUR nO.W AT (919) 733-4574. JUL 171998 D ® North Carolina Wildlife Resources Commission® .. 512 N. Salisbury Street,Raleigh,North Carolina 27604-1188,919.733.3391 Charles R.Fullwood,Executive Director MEMORANDUM TO: Susan B, Edwards, Mining Program Secretary Land Section S. Davis, n FROM: Mark S. Dav Mountain Region Coordinator Habitat Conservation Program DATE: July 14, 1998 SUBJECT: Mining Permit Renewal Application for Mr. Angus C. Martinez, Jr. Rose Creek Mine - Permit No. 56-27 Macon County, North Carolina This memorandum responds to a request by you for our review and comments regarding the subject permit request submitted by Mr. Angus C. Martinez, Jr., for the Rose Crock Mine. The North Carolina Wildlife Resources Commission(NCWRC)has reviewed information provided by the applicant, and an ousite investigation was conducted on July 14, 1998,to further assess Potential impacts on wildlife and fisheries resources. These comments are provided in accordance with provisions of the Mining Act of 1971 (as amended, 1992; G.S. 74-46 through 74.68; 15 NCAC 5)and the North Carolina General Statutes(G.S. 113-131 et. seq.). The applicant proposes to continue miing for gemstones at a 5.00 acre site off of SR 1377, near the lolls Community in Macon County. Earthen material is excavated from an open pit area and is placed in plastic bags and buckets. Customers purchase the bags/buckets and wash soil from the gravel in a flume line to separate out the gems. Water is diverted from several spring seeps(unnamed tributaries to lolls Creek) into a supply pond where the water is piped to the flume line. Wastewater is routed through three settling ponds before it is recirculated through the system. Streamfrow and available fishery habitat is limited in the project area. The NCWRC is pleased that the applicants use a wastewater recycling system, which mm mms impacts on aquatic resources. We do not object to the renewal of this permit, provided the following conditions are met by the applicant: i J Yti--• • • Mining Permit No. 56-27 Page 2 July 14, 1998 1. Adequate sedimentation and erosion control measures must be implemented and maintained on the project site to avoid impacts to downstream aquatic resources. . Temporary or permanent herbaceous vegetation should be planted on all reclaimed areas to provide long-term erosion control. 2. Sediment ponds should be dipped out when they are half-full in order to maintain proper function and to reduce the potential for overflow during major storm events. Dredge spoil should be placed on upland sites and should not be flushed into downstream waters. Thank you for the opportunity to review and comment on this project. If there are any questions regarding these comments, please contact me at (828)452-2546. cc: Mr. Angus C. Martinez, Jr., Rose Creek Mine, applicant Mr. Richard Phillips, P.E., DENR- Land Quality Section, Asheville 1r 1 I Yy7 e • NORTH•ROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OP LAND RESOURCES ,,WA July 2, 1998 NCD ENRT MEMORANDUM goy\�2 J456 c JAMEE B.NUNTJR: TO: Mr Mark Davis f ti C m t:GQVERNox Habitat Conservation Program Coordinator 5 T. -.j Wildlife Resources Commission N� q"B�t•,y a FROM: Susan B. Edwards ��ZZllOd6,0��1 . 6oBY1 Mining Program S cretary :BecRET MY Land Quality Section �I SUBJECT: Mining Permit Renewal Application for Mr. Angus C. Martinez, Jr. Rose Creek Mine - Permit No. 56-27 CH RLION.G,RD en Macon County .Ga P.E.OIRCLTOR AND ST.\TH'000LOQIBT Please find attached for your review a copy of the mining permit renewal application for the above referenced project. ,A 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 31. 1998 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 t , modifications, this office will carefully review all proposed erosion and sediment L control measures to ensure that they are suffi VIDSIL to restrai.-1 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 Ms. Judy Wehner at(919) 733-4574 if you have any questin 1SBE Attachments cc: Mr. Richard Phillips "NO QUALITY SECTION I9131733.4$74 FAXI9I9)733.3076 GEOLOGICAL SURVEY SECTION(019)733.2423 FAXMIO)"3-0900 P.C.BOX 37007, RAL91I NORTH CAROLINA 37611-7667 TELEPHONE16130733-3E33 FAXI8I6171B-3EO1 AN EQUAL OPPORTUNITY I AFFIRMATIVE ACTION EMPLOYER-50% RECYCLMWI O% POET-CONSUMER PAPER DATE TO ASSISTAN DA�S LOGGED IN f�L M[NING CHECKLIST FOR ROUTING 1 M MH Company 45 d /�I, O�LJAe-Z, Ve. Project Name PC&r &UA) AC- Permit No, n County MACD✓) Date Received 9 Reviewer Please make copies of check to include with Central Office and Field office files and log in checks. * U New Renewal U Modification U Transfer U Release ,I❑,i/Additional Information ❑ Fee Needed ICJ Fee Received: Amount /O6� 0 Please route to: p /�5kwl Field Office Date Routed — 7 131"Wildlife Resources Commission Date Routed * U Archives and History Date Routed Other: Du>Q Date Routed Suspense Date for Comments: (Date received +30 days, not on weekend) Please note the following: Ali �l yOI& L�AZ1/Ir�wO � at0' �L/ ill�r/I✓4� JJ _ L. 1 �lg jgAis�-- AUO aN1Md&e;tK *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 ' � � � v .. � •, �• i A � 1 - r .� �, � ' _ .1 � ti Y- .. r� �� � l 1 l ', ., . . .. r ,'•�'�` • �UU;{UU Jul, • MINE SITE REVIEW FORM DWQ & DAQ COMMENTS Mine: 2OLF Lrt. N1n/F County:MA,CoyJ PennitNo.: e:9- .Sb-Z7 Due: I`ySIxP Water Quality Issues: 1. Watershed/Stream Name and Classification: 2. Permits: lea Reviews NPDES Permit Required ✓ NPDES Permit Existing Nondischarge Permit Required _ Nondischarge Permit Existing _ NOV Issued ✓ Civil Panalho aQsessed/ Injunction Requested �L 3. Wetlands: Wetlands Disturbed 401 Certification Required �L Air Quality Issues: Air Permit Required ✓ Air Permit Existing NOV Issued Civil Penalty Assessed/ / Injunction Requested Groundwater Issues: / Well Permit Required = 7�7�ggr Well Permit Existing Groundwater Contamination Problem NOV Issued Civil Penalty Assessed/ Injunction Requested Comments: Signed Date 1 �� ;� �d � f � �� l � I` .r� + i i� �1 1 a �. ,a. �11 1 r .� j 1 J `� r k t ' � f. .+� � r , � � y f�. s `� �;��C f �.1 4 � � •"✓ � , �. FROM ENNR. PRO 02.09. 1 09109 P. 2 DATA TO ASSIsADA�T0 SUSAN LOGGED IN MINING CHECKLUT FOR ROUTING a� Company �s d. //1011fi�r.z� VA Project Name Permit No. At47 County IrIM6 Date Received Reviewer quifLoz Please make copies of check to include with central ''off ice and Field Office files and log in checks . •❑ Newt Renewal ❑ Modification ❑ Transfer Release ❑ Additional information ❑ Fee Needed f 2 Foe Received: Amount �Lb6D i Please route toe Field Office Date Routed 7 00� wildlife Resources commission Date Routed k ❑ Aranives and History Data Routed r^I Other: - D�.,� Date Routed Suspense Date for commenter (Date received +30 days, not On weekend) oe�ffPlease note the followings *SUSS 2: Please make file and return Checklist and file to Reviewer i white Copy to Field Office Yellow and Pink Copies to File Ooldonrod bopy to Susan **WENDww� FROM EMNR. FR0 07. 09. 10 09; 09 P. r • MINE SITE REVIEW FORM DWQ & DAQ COMMENTS Mlne: 5 �.rC . rn/E [;dun}y:Irll4 �_ Permit No.: ' .fib•2 7 Due: S Water'4uaUW lssueac 1. Watershed/Stream Name and Classification: 2 Xsa Ian NODES Permit Required ✓ NODES Permit Existing Ndndlscharge Permit Required Ndndischarge Permit Exlsling NOV Issued Civil Penalty Assessed[ Injunction Requested 3. Wittionds; 1 Wetlands Disturbed :401 CaAlficatIon Required Air Odeuly laauil Air Permit Required .✓ �-- Alr Permit Skating .� y� NOV Issued Civil Penally Assessed/ Injunction Requested _ Oreunovil laauil Well Permit Required y/. 7/7/17, WsI,Gro Permit r xisting Conte ,Groundwater Contamination Problem 'NOV issued 'Civil Penalty Assessed/ Injunction Requested Volrlfllenis: Signed bete DATE TO ASSISTANT,&a_ 9 - DATE *SUSAN LOGGED IN '^ nn gWONG CHECKLIST FOR ROUTING ^^ �� ,n Company Af1gy5 &. M&d ,-4 P2 J✓• Project Name {MV% f1 &k-) Mific 9 y� Permit No. .5607 County MOUKI Date Received 9 1 5 Please make copies of check to include with Central Office and Field Office files and log in checks. r. * ❑INew Z Renewal ❑ Modification ❑ Transfer ❑ Release 1— ❑�f/Additional Information El FeeNeeded j2Fee Received: Amount /064D Please route to: ��X/ Field Office Date Routed — � 2J Wildlife Resources Commission Date Routed * ❑ Archives and History Date Routed Other: DI,(�� Date Routed 1 evapanae Date for Co=enta: 7 3'1 (Date received +30 days, not on weekend) 1 ` /E:CPlease note the following: � n n rat *SUSAN: Please make file and eturn Checklist and file to Reviewer White Copy to Field Office Yellow and Pink Copies to File Goldenrod Copy to Susan .. .: _ , � � - I D r1S, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES rr 1 A ' July 2, 1998 NCDENR MEMORANDUM Z '+ TO: Mr. Mark Davis JAMH6 B.H VRTJR.'?LL�x �IeOOVBRNCR Habitat Conservation Program Coordinator O a.1T: Wildlife Resources Commission FROM: Susan B. Edwards 0,y rjW 0 Mining Program S retary �0m21;Mv TT BKR6TARY, ,f Land Quality Section L SUBJECT: Mining Permit Renewal Application for Mr. Angus C. Martinez, Jr. Rose Creek Mine - Permit No. 56-27 p���� y,•cxARL D EARORER W: Macon County E.DIRE I FB PYDIRLROR Y�.P AND STATEG LOGTTi � Please find attached for your review a copy of the mining permit renewal R�f. s at application for the above referenced project. Please review this information and advise as to the probability of this operation �� ^-,x �+•ics,7 having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by July 31, 1998 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 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 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 ..�_� 9EMEA Your continued cooperation in the review of these type requests is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. yy, - lSBE Attachments '.` cc: Mr. Richard Phillips GEo 5 8 IPIYI]33.2<23 FAX18191733.0000 Q P.O.BOX 27657.RALEIGH.NORTH CAROLNA 27811 7887 T I81 1733 3833 FAXI81RI713.8801 AN EQUAL OPPORTUNWI AFFIRMATIVE• O ENLOYEP 50% RXCYCLLDIIO% POST CONSUMAM Pvew :!rnUrn1^M1L�"��Ru 1784 ROSE CREEK MINE AND CAMPGROUND IIa WAROCEEMMODE DR, PR.Um!DHaM aw,xc x x p Dale �'.�9-`18 WORM • I dy to the ordero NCnE`NR $ lco•00 C'nP �'1 nc�rerA ��c)2 —Do llarseL�- CAROUNA COMMUNOY BANK Eww�xxK,c mr ♦ DeUNTE4 mlw rUxnrvu S • • 0 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT • • (PLEASE PRINT OR TYPE) 1. Name of Mine Ros c n� 197/xc11-£ County_ /17fY2O.t/ 2. Name of Applicant* ALf/c7/.1s n. 7.e. 3. Permanent address for receipt of official mail** fP. D. Bou z/go '90AIIIfq S fires Telephone 9A11-- 992 —ZP80 4. Mine Office Address //5' 7i6089rr� 2/c4E Ze,� �P73h< Telephone 929 — 524<— 3Z2:5 5. Mine Manager Z242 zo fI/�Y/.!/�L 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 Print Name A.t�i3 1-9 z/79.E7ZIZ1�5Z . ye. Title 04X) lVI e. * 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 ggrraa¢¢t or deny an application for a permit within 60 days of receipt of a complete application or, if a public rearing 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 ■ N(1TF_.: All of the fallowing questions must be thoroughly answered with reeards 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 hermit (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: t .r-L'- '- --- ---,:__.:__ r _ n�l►r�izr T r .• �� -. + • a:,. — the .. inin# pe..mit number Q. 11 Luis is An application for AI�l\Lr' ►1 t% of a mining pier 11L, 1n41G4L4: UlG 111L11111C �JG11IIlL ilLL�lU4r and the total (overall) acreage covered by the existing permit: Mining Permit No.:SG-,Z7 Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): .5 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.: Total permitted acreage: rings +l,n rrAri;fino+;nn ;nvnhrP onrPO[te .�'.t.hi:: the nrevinl��iv a^*�rOved nermitterwl hnlrndarv9 JJ VLrA LLa%o li1VV1116r4L1V11 aaa r va r v acreage " Y '7 Y Y f ' Yes No If yes, indicate the acreage to be covered 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 all of Section F. of this application form entitled Notification of Adjoining Landowners). Of thk 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 $50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTIONS)*AND CORRESPONDING ACREAGE NOTED ABOVE 7 T..d:nn+n+16a nr. vr%v;irrlotsa 1nn/nt77r1P and latinlAp In r�PQ1PPC-min7wtPC-CPrl►flt c of the rPntPr of the mine • G. 111LL1Ga11r Laly Q aVA aa4.V 1V u6a.MMv v, as eg , v site: LONGI��JDE (dd-mm-ss): ' -- -- Quadrangle: LATITUDE (dd-min-ss): -- -- River Basin: 3. . Name of all materials mined: i�/�S�o.�i/�5 -2- • i APPLICATION FOR A MINING PERMIT / d, Mining methnd: Hydraulic Dredge Front-end Loader & Truck ✓_ Shovel & Truck ✓ Dragline & Truck Self-loading Scraper Other (explain) 5. a. Expected maximum depth of mine (feet) as" Reference elevation: b. Expected average depth of mine (feet) 7Q• 6. Has any area(s) at this site been mined in the pastT Yes ✓No If no, proceed to Question 7. a. Acreage of previously affected land(s) at present site that has not been reclaimed: 5 acres (identify all areas on your mine map{s b. When and by whom was this activity conduct s- c. Acreage of previously affected land at resent site that has been reclaimed: 0 acres (identify all areas on your mine map(s)). d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in 6a or c from this permit application? Yes Nov. If yes, how much? acres (identify all areas on your mine map(s)). 7. Present (pre-mining) use of the land (estimate acreage for each): Cropland acres Pasture acres Forestry acres Fish/Wildlife acre$ Recreation acres Other acres (Specify use:fl[u�4✓s us�d.gs.g�irii� l 8. Proposed land use after mining and reclamation has been completed (estimate acreage for each): Cropland cres Pasture acres Forestry acres Fish/Wildlife acres Recreation acres Other acres (Specify use: 9. Number of years for which the permit is requested (10 years maximum): /Q 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 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 ma s t_ r 1 4W.- e.,+ 1— .,:..", — ronniirama +e lietwri l�wlnvtl +n r�lo7 hr ill,.:�trate t P !!!list UV— Ul [l scale sulllVltiaal Oct, aiaiaauaauau a..yuaavaaavnw aay.vaa UeAWTIr .v clear, ,... 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. Ir. Outline uiad 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 andior 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 adjoining land. p. Map legend: I. 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 must, at a minimum, meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch = 50 feet 1M-499 Acres 1 inch = 100 feet 500+ Acres 1 inch = 200 feet -4- APPLICATION FOR A MINING PERMIT A: rahlefrhart must he nrnvided on the mine map that clearly lists the approximate acreage of tailingstsediment 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 ArealHaul 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 QUESTIONS/STATEMENTS THROUGHOUT THE FORM), THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. -5- APPLICATION FOR A MINING PERMIT r, PROTECTION OF NATURAL RESOURCES 1. a. Will the operation involv"ashing the material mined, recycling process water, or other waste water handling? Yes ✓ No If yes, briefly describe all such processes including any chemicals to be used. �o cl����s�Gs uses, ou,e u�•q� is/�.✓��i2u[.9�i��� 19ZZ b. Will the.,operation involve discharging fresh or waste water from the mine or plant? YesNo . 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). .+ . . /-f L-A— 0 GC/t_- ®V/T 7/vc— c. Will any ppart of the proposed mine excavation(s) extend below the water table? Yes No . If yes, do you intend to dewater the excavation(s)? Yes No If yes, ,llrikZ"A&"& ;mn�r+t if a S. .j will minor riww�tPrina have on nPioUhhnrinab �uell�? Locnre all erirting wells on the mine maps) that lie within 5007et of the proposed excavation area. Provide data to support any conclusions or statements made. Indicate whether the proposed mine locale is served by a public water system or private wells. 4 ✓4_ �JE'-�9/.✓/�� �}'�'' C�grlCriE'/�'�i� �/X �.9.c1�'�S ,clo ,ry�c'-/ o,✓�9w�/ dcJA71Fe 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 ft. Low ft. What is the source of this information? �/£` l�d� -fu1 d ��LL C�O�[,rP�7�i�' �s O•cl 7`fG£%.I�.°�rv`'y� /y�i9iv�1i,�! ft,Ud/�'�s�i,✓��uL4�ife � -�lce' ��.�e G�i/rE� rr��s 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) (Le.-, non-discharge, NPDES, etc.) from the Division of Water Quality, Water'Quality Section. -6- APPLICATION FOR A MINING PERMIT 2. 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. b. How will dust from stockpiles, haul roads, etc., be controlled? 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. 4. 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 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 maps) 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. -7- APPLICATION FOR A MINING PERMIT 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 permit boundaries must be, at a minimum, unexcavated buffers. Show all buffer locations and widths on the mine map(s). 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). b. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. b. 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 7 s.. Ji L •�....i........ �Le —j- .� i� � nra vIifh;34 :21Y) feet o f /YNV excavation. L.oca{G all SiiCri siruuur es on "M rrurfc map c'J arae'y u,c .rwn ,• .,vv J. . ...,J proposed excavation. -8- • • APPLICATION FOR A W*aNG PERMIT . c. Describe what kind of barricade will be used to prevent i andvertent public access along any high wall area and when it will be implemented. Vegetated earthen berms, appropriate fencing and adequate boulder barriers may be accepte6le 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). Ale Puc.4[io /Joc X-1PS-1 p��rsa,>udy�9>kd. d. Provide a cross-section on the mine map(s) for all fill slopes (berms, xweepiles, 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. e. In excawuion(s) of unconsolidated (non-rock) materials, specify the an le of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). f. In hardrock excavations, specify proposed bench widths and heights in feet. Provide cross- I 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. 7. Are acid producing minerals or soils present? Yes No ✓ How will acid water pollution from the excavation, stockpiles and waste areas be controlled? -9- 1 • • APPLICATION FOR A MINING 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 maps) and provide cross-sections through all proposed berms or proposed spacings, sizes and species for tree plantings. ' r AAl ;Mic/jC /S S"C'/�✓��c/r'�d fir t�Gc bLie i/li�E�.J �]�/ ����diE 9. Will explosives be used? Yes No If 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. Locate the nearest offsite occupied structure(s) to the proposed excavations) on the mine.map and indicate its approximate distance to the proposed excavation. f• .. 1 _'__1 _ __ L_ _ _�_J _� __a_i] �7__ LT �-1 _.-_ 10. will fuel tanks, solvents, or ouier cnermc:ai Teagems oe stored ozi-site: es i,4o If yesp 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 processor& waste, overburden or other such mine wastes to be disposed of off-site? Yes No ✓. If yes, describe in detail what these wastes are and how they will be disposed. Attach a separate site map(s) showing the location(s) of the disposal area(s). Include all specifications for erosion and sediment control. -10- APPLICATION FOR A NIINING 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 Ltl/C 144P;'f A10,,O ..P Vr ' �P!/l/�!'�/e.�l, �vr�' rrJd�c.Gd Li.�ie~ �a e v.✓�ci�rs �� v�� �� _114,r-� 7! /V5� 7//a L !.L?ig� Gvi4" Gtuli��q /e• i/•/�igC/�ic1d C'f�i �° ;A/ Z70WAF�7AiAl 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No . If yes, illustrate the location of the bo� m(s) of water on the reclaation map and provide a scaled cross-sections) through the propose 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. U. LJeser" L1LlfVlslorls 1Vr prevelltjoll of 11V1►1UU0, VI�ILous or foul water 1.V11G4L111r, Ur rc111a111Lng in mined areas. Provide details and locations of any permanent water outlets on the reclamation map. -11- APPLICATION FOR A MINING PERMIT 3: neccrihe provisions for safety to persons and to adioinin property in all completed excavations in rock including what kind of permanent barricade will be eft. +Construction details and locations of all permanent barricades must be shown on the reclamation map. 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. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. 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 MINING PERMIT 6. Describe the method of reclamation of settling ponds and/or sediment control basins. 7. 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 RrLor written approval from the NC Department of Environment and Natural Resources, Land Quality Section and either the Division of Waste Management (DVVM) or local governing_ body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached io this application. All temporary and permanent re a 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. 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 typical rroSv-sertinnc nfanv nermnnent rhnnnph to he rnnrtmrted av nart nfthe rerinmminn nlnn In irate - - -of' -all r--..•_.--•-- -•---•-••--- •- -- --•---•- - - ---r--•- -✓ -••- -- _ - -•-r---•-• -•- - - the location(s) of all permanent channels on the reclamation map. 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. -13- • APPLICATION FOR A MINING PERMIT 10_ Describe vour 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. 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 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. Others as may be approved by the Department. LIME - RATE OF APPLICATION (tonsiacre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): 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 -14- • • APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND 7be followingg bond calculation worksheet is to be used to establish an appropriate bond (based upon a range o/f$A to $5,000 per affected acre)for each permined mine site based upon the acreage approved by the bspartrnem to be affected during the life of the mining permit. Pleaxe insert avvroximate acreape or eac asnerl of the minine overation, that you 'm to affect duri the lifeo this ' in ermit in addition. lease insert the ro riate reclamation cost/acre r each category m the Sche ute of Reclamation osts provided wit this application form) AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE COST Tailings/Sediment Ponds 0. 354 Ac. X $ /Ac. _ $ Stockpiles O. 5 Ac. X $ /Ac. _ $ Wastepiles O Ac. X $ /Ac. _ $ Processing Area/Haul Roads Ac. X $ /Ac. _ $ Mine Excavation 0.235 Ac. X $ /Ac. _ $ Other Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac. Temporary ,1 Permanent Sedimentation & Erosion Control Measures: Divide the TOTAL Ar'r'EC i ED AC. above into the ioii0 it 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 offshe sediment. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1500 / Ac. _ $ SUBTOTAL COST: $ Inflation Factor: 0.02 X SUBTOTAL COST: $ X Permit Life (I to 10 years): INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = $ TOTAL RECLAMATION BOND COETI = $ (round dorm to the nearest $l00 . 00) -15- 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 all landowners who are adjoining (contiguous to) the permit boundaries as indicated on the nine map(s). The only exception 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. ■ SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" -16- NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, Notice is hereby given that has applied on (Applicant Name) (Date) to the Land Quality Section, Division of Land Resources, North Carolina Department of Environment 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 on acres located (Mineral, Ore) (Number) of (Miles) (Direction) (Nearest Town) off/near road in (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 tonot y 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 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 further information iryr�� .inn ��+�� 71i____ �.. L... aL.. 11..... ..►....,..r :11 'deg. nrl�r In.r�n+ •i rri++Pt1 call k919) 7»-15 4. Please note ultll the 00al ulleuL Will collJi6R.1 any relevant ant x7r; a l .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. (Addressee's Name and Address) (Date of Issuance of this Notice/Mailed to Addressee) (Name of Applicant) (Address of Applicant) -17- APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION an applicant, or an agent, or employee of an applicant, for a new Mining Permit, orr-a modification of an existing Mining Permit that adds adjacent land to the Mining Permit, from the N.C. Department of Environment 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 nroposerl mining permit boundaries and that notice of the pending application has been caused to be mailed, 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) (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) 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. 74-50 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 them to the Department upon request. 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) 1, , 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 expires: -18- 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 maybe 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: p APPLICANT Signature Z ». l';�/LCe-.-7 ,� Signature • Print Nam�e: fbr/l T It'.t. �Jd7`�,./�r'r--7� Print Name: �� �s C! Y't /`s�o Address /'Q�Y 4!6Pp —�� Title: Qtcl,�iF.G �31 ,410 ;4 ZG. Company: Telephone ze SVl— 99.Z-ZYW Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. Four f41 espies oP the completed application four (4) tvpies of all mine maps and reclamation maps and the approanate nrocessine fee isee next page for tee Mile) in the form a check or money order ' payable to the North Carolina Department or Environment and Natural Resources must be sent to the Land Quality Section Central Orfce 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 MUM 733-4574. .19. NININ6 *A nonrefundable permit application processing fee is required when filing for a new mining permit, a major permit modification or a renewal permit as follows: TYPE ACRES** NNYN PERMIT MAJOR RENNNAL NODIPICATION Clay 1 but lees than 25 $500 $250 $250 25 but less than 50 1000 Soo 500 50 or more 1500 Soo Soo - Sand a 1 but leas than 5 150 100 100 Gravel, Gemstone, and 5 but less than 25 250 100 100 Borrow Pits 25 but less than. SO Soo 250 500 50 or more 1000 500 Soo - Quarry, 1 but lees than 10 250 100 100 Industrial Minerals, 10 but less than 25 1000 250 500 Dimension Stone 25 but lees than 50 1500 500 Soo 50 or more 2500 Soo Soo peat s 1 or more 2500 Soo 500 Phosphate Gold (Reap Leach) , 1 or more 2500 Soo Soo Titanium a Others •A tmmefuMeblc gd0.00 pemdt eppliutlon procetWgfa artyuhed for miear pemW modiliutions. MWmr permit madifludons inelude ownemM1ip uwufet.name clemps,bond eobeamtlona and permit renewals where the most ubactim and folly sab0iud. A minor permit modification also includes lands added to a permitted rise, reside of The minimum permit buffer soon requhemrnt, when no plans for mining mane dissonance of the added lands have been approval. All near ehamlaea se wondered major modifications. ••Acts for new permit and same ill pemdn scans tla=I similar at aw sir. A s for major modification of permit means min art of aw affatted by the modification wiNm the permitted mini area.or any additional Wad 1Wt W to be demoted and added m an existing morasses area,or bone. 3M -20- LAND QUALM SECTION HEADQUARTERS emwe M.we.a.le,e.e 1a D.sNma.P.O.PE.-Mff&5lma SxawB satinn a:f vn®1.Stlhnmspwwm 01%7"4V4 SI1 N.&fuhry 5OM MWH.WW Actlo55Mlmenl5{ecYfu %IMviw P"0049)]31.2V6 P O.Bm Z/6T! xmY E.umV6,PE_- MInft SµvAlNl RakIPh.NC lMII MY Wtl -Afehaen M® sPwwlw Ian BM[k-I S mmq Caldlrc Mello-SJhoemtiao mau xmx L.Sample-AJM p M 9SP¢ SBphaNelaw 10 la®R.I mu.PE. Orl uAv ERMWm Scan Ed n -MWN (Amffler-LANConNiloma Imk M PWmm'P.E-Avibm Bvn Safety En' LAND QUALITY SECTION REGIONAL OFFICES ASIIEVH.IS MOORFSVH.I.E WH95FON-SM,@.S "MUCH RICHARD P101.@5,P 6 DOUG M61.P54 P.E. MAT M GANxi,P.E. IOHN HmL r EmrtAnge BNB. 919 Hw Mau Snm Y5 Wan6hman 5vw SSWBurtn Ww 59 Wx6M Pl MmleNle.NC xB 115 WhubnG4m.NC vim P.O.Boa P687 AWeviR,NC Own R~.NC TI611 COVPJER-13-15A1 COUPAFR W79-16 COURER-WJISM 01O)]]I�(56) INTEROFFICE 064)x51b -On OM)W1699 (S) PAXF01O "1/ 31 01%5314BN.05) FARI( )x51G5E FAXlovm) 3Me0 FMI01545]I4]I9 Mw AI�] case Avery B w Bute Ahe Lhwla MaM 0.vtl Dt'w C m WNm E6W"mw CJbxO ChmWs CLy CaWmv M¢t 's ftmov GAM Rol w Finaklio Gmmaw HJIL+ jmd m mma H mw G cW b y ReN1ph SaM Smy Idnwni 3a NW laahm� Macao Mtl® ClevelaN 9uNY Wmy Willa YVHm NaBao m Om Pemn MdB fl MivAN1 Mk Owmw Vn Vawe Wake Rnamfmil swan rmmrl. B l Wanes wllaml Yu FAYET1EVHM WII.MfNGPON WASHMG'PON WIWAM VINSDN mn0 BAN SAMS.P.R. PIUYp WB1L5M5.PO Wa bRNB. IP]Cam Oflve.F]v. Pn Wmhm S9ww Mill SLXe]II WOnpdon.NC x 5-mws lffmh co.NC 27889 11� FaYm+'Ne.NC )ID01 Il COURIER-Wm1 ORIRWR- 01%96R-16O601 pH6di 019101% 1(56) 0 0(010) 1(531 OIy018) ( PAX/0191915d]16 FAX/191O)b601O] FA%/01O)356LM1 Be'm Rove Dam CWwan Mvon Hoal5umm3 Snihtl &u t New Namvei ace HcffN Dam lom Q 1Anrt Caw1e1 Omlow Oee2 NeRdb PANd lam CmdvlaN Pbt CON Potic Leeatle MUJn PW 13uwn RnNmn wqM Fa9m,v,B rtry Mft wa cake s.nm� xymP wmhmBmn w.rw REMEG l097 • i SCHEDULE OF RECLAMATION COSTS 10/97 (based upon range of $500 - $5, 000 per affected acre) costacbd.bad COMMODITY CODES: SG = Sand and/or Gravel, GS = Gemstone, Borrow = Borrow/fill 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 Type T/S Ponds S.piles W.piles P.area/H.R. Mine Excav, 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 PH 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 fill ng in and revegetating (PD) = reclamation by grading for positive drainage and revegetating AS PER NCAC ISA SB.0003r IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEETr YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DM TO THE FOLLOWING ADDRESS: Mining Program Land Quality Section P.O. Box 27687 Raleigh, North Carolina 2761.1 aLL R-STPaM MUST 1MCLUDE 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 DIRECTORrB FINAL BOND DETERMINATION. 1,000 copies of this public document"reprinted at a cost of$564.00 or$.56 per copy. 12197 DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES &r 10N OF LAWn RF.c0rn2C_FS-LAND OUA=SECTION -22- State of North Cart 0 nAnnrtmant of Pnwirnnmant A Health and Natural Resources Division of Water Quality o ualilc$ u. f lunl, jr., GVVeIIIUI Jonathan B. Howes, Secretary C A. Preston Howard, Jr., P.E., Director May 20,t 997 ANGUS C MARTINEZ III ROSE CREEK MINE&CAMPGROUND -��`.� �'• I� d o�� 28 LYLE DOWNS ROAD FRANKLIN, NC 28734 Subject: NPDES Stormwater Permit Renewal Permit COC NCG020262 Macon County Dear Pennittee: Your facility is currenily coveivrd for storrnwat:er discharge under Conera',. 'Permit NC".(1020000. This pert►lit expires on August 3I, 1997. We are currently in the I)rocess of ro%, rittinu the NCG020000 pernnit and are schoduled to have the permit reissr:ed by t12e, full of 1997. Once the permit is r6ssued your facility would be eligible for continued cover,ipe. la order to assure your continued coverage under the general p rmit., you must npply to the Division of Water Quality (DNNIQ) for renewal of your permit coverage. [inclosed you will find a general permit renewal form. This form serves two purposes. First, it is , ri appliciat on for renewal of your permit. Second, it serves as an invoice for the $400.00 application processing Coe reouin_,d to nmcet,; vaiir annlicn?ion renne�,i_ To ansn o continued cove:-nm- a.;r_lo.r the rsent-i-A permit this form must be completed and returned along with tl:c fee by J 3n e 27, 1997. Fail-are to request renewal within this time, Pc liod May result in it civil asses.;merit of at I0nst $250,00, Lamer penalties may be assessed depending on the dell nelue ncy of dte regWu rat. Disebarge of stormwater from your facility without coverage under n valid stotrnvvater NP113S permit would constitute a violation of NCGS 143-215.1 and could result in at.se,,ar.ients of civil pen,;dtics of up to$?0,000 per day. If you have any quc;siions regarding the pen-rut renewal procedures 1'ilcase contact Paul White of the Asheville Regional Office at(704) 251-6208 or Bill Mills of the Stormwater Group in(919) 733-5083 ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater Group cc: Central Files Asheville Regional Office _P.O. Box 29535, Raleigh, North Carolina 2762 -3735 Telephone 919-733-5083 FAX 919-733-0719 Ne,m caaua SUMMARY OF OCCUPATIONAL INJURIES Mine aW Quarry Division li °eI""n"""°( North Camlina Department M Labor ' ® Mail white copy W gaa adafrus at the tap ngbL d West FAenton Street Raleigh,NorthC nriina 27fi01-1092 �=� Fax:(919)773 N20 I F x.N ROSE f2d:=K Po1YE . M% 31D.N& 15.c NIrvE 6.Year 1499 aagi]ON n und,mmun0 &OMebl pONanmYal c.L<tene Ue 0001 1499 �^ &SICNir ra%an g,5urtace a.pMetal 6p NonmNal cp5[onx 4�(andBGeve1 10.Recordad BY ul MAIN 11.M111 a.D Me gl to; NomnNel eO Stne - 12.none 4wnp ppwflusa log PerYa Coved mnl M 2) Numhmol RepermLN 4yura0cwrermn log RaW "°°i�i m m Trial IF= SO ram Nrm NOL Sanaq NonM (M afternoon Oatel numberW c Nonkm cam (Actual d M1m4 War, Ina- man j elprane M1minamalb (a] c(4) 4rM @woe dance Dance Jaws aM Malr�zlmo ones gall eanaxa9 m• .a.• m• n t metal enl pgq.OaM Ntbtwxe Natama Imm= (8) (9) (lon ((11) (1A dirin{periaaa inew ar nm.wn eumm fs) (a) meaya of umna acdwapention) mmmmtnoup �NaneW Ito mane! reaWemd am6 m® •Smingrucfioamnverse eab.soma e L sbeofthili emagcutix avtlh area ocMan Noa ampy) Mc) Imp near1=0 January February March lam Jrt Paarm. Q O p bril May Twlamganr July Ngua1 Septenmr Tamf3raga(er 40D Q amber Nevember ;;xon m Tam+mmaerear I ao 11,101913 12/96 MA" � • i DEF'INITI0+0 Average employment The average number of persons working at an individual mining establishment during periods (not necessarily continuous) of active operations. Days lost The number of lost workdays not including the day of injury or onset of illness or any days on which the employee would not have worked even though able to work. Includes days away from work (consecutive or not) and days of restricted work activity. Employee hours worked The total numberof hours actually worked by all employees during the report period. Includes all time on duty, but DOES NOT include any non-work time(holidays,sick leave, vacation, etc.) even though paid. First-aid treatment One-time treatment, and any follow-up visit for observational purposes, of a minor injury. Injury All reportable occupational injuries and those illnesses which result from a work accident or from exposure involving a single incident in the work environment. A reportable"injury"is any injury to a miner,occurring at a mining operation,forwhich medical treatment(otherthan first-aid)is administered, or which results in death or loss of consciousness, inability to perform all job duties on any day after an injury, temporary assignment to other duties, or transfer to another job, The injury occurrences are classified according to severity as follows: Fatal cases: Occurrences resulting in death. NFDL cases:Nonfatal occurrences with days lost. That is, nonfatal injury occur- rences that result in days away from work or days of restricted work activity. NDL cases: Nonfatal occurrences having NO days lost. That is, nonfatal injury occurrences resulting only in loss of consciousness or medical treat- ment other than first aid. Rates The number of injuries and illnesses, or lost workdays experienced during a given report by 100 full-time workers. Rates on injury occurrence (incidence rates) are developed on the basis of 200,000 hours of employee exposure (equivalent to 100 employees working 40 hours per week for 50 weeks peryear).Rateson injury severity (severity measures) are developed using days away from work or days of restricted work activity and the 200,000 hour base as criteria. The severity measure is also known as a lost workday incidence rate. The rates are calculated as follows: All incidence rate: Number of reportable injuries (col. 3) x 200,000 = All (enter in col. 8) Employee hours worked (col. 2) incldence rate Fatal incidence rate: Number of fatal cases (col. 4) x 200,000 Fatal (enter in col. 9) Employee hours worked (col. 2) incidence rate NFDL Incidence rate: Number of NFDL cases (col. 5) x 200,000 NFDL (enter in col. 10) Employee hours worked (cot. 2) incldence rate NDL incidence rate: Number of NDL cases (col. b) x 200,000 NDL (enter in col. 11) Employee hours worked (col. 2) r incidence rate Severity measure: Number of days lost (cot. 7) x 200,000 = Severity (enter in col. 12) Employee hours worked (col. 2) measure " stole of t lorlh C4Ino • Dr.pc.lrtinew of Environment , Health and Natural Resources James B. I lunl, Jr., Governor Jonolhnn B. I lowes, Secrelory Enclosed is a copy of the report of a mine inspection conducted under the provisions of North Carolina General Statute §74-56 of the Mining Act of 1971. Please review the report and note any problems and/or recommendations made on the inspection report and take appropriate . action to corr ct any probieruus.listed. If you have any questions concerning the report, please contact the inspector(s) indicated on the report or me at 704l251-6208. Richard A. Phillips, P.E. Regional Engineer Im«hmlr. Hnddlnr. 591Y5.dOn MCC, AIIr Ills, N.C. 39MI • Telepl m 704.1rr61n8 An Fgnel nprimnary Oirm Hw ArnWn Emrinvr V North Carolip Department of Environment and Aral Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (P14nITT D MINE) 1. MINE NAP.1E �iCn gwrp 2. M:*.TI;`JG ognnnlm p 3. OPERATOR lY.Ea2C 4. COUNTY 5. ADDRESS 6. PERMIT EXPIRATION DATE L�r 57A 7, RIVER BASIN Z. 8. Person(s) contacted at site ✓�/2r 9. Was mine operating at time of ins ction? .FTYes `O No 10. Pictures? ❑ Yes.B'ND 11. Date last inspected: (G /29/ 90 12. Any mining since last inspection? .8'Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? 21'Yes ❑ No if no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? .O'Ycs ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes .2'% If yes, describe the tyyc and o...crlty Of the damage: 16. Corrective measures needed and/or taken: 17. ther recommendations and comments: / 18. Is the Annual Reclamation Report +/-map accurate? ,ErYes O No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes No Proposed date 20. No. of additional pages of Inspection Report. 21. Copy of Report sent to operator 3 /?7/ (' (date) INSPECTED BY: 6'' DATE 5146147 Telephone No: -6 :Ot White copy to files '� Yellow copy to operator Pink copy to Mining Specialist 10197 ku err m AaMr[ ; t k S 4 . J 1 � v t ... d .r . 1 " R 16 99 91-66 61-66 Er 9 f v IV Ml OV syR r r. } Te . v t Fy i +4.1 ' . k :* '� } 66 k4."1 k m y ;rr. . 17 I. .. �uy3 { North Carolina Department of Environment and Natural ResWMD Division of Land Resources, Land Quality Sectli o MINE INSPECTION "i� /�L� (PERMITTED MINE) LAND OIWTY SECTION 1. MINE NAME ;ose C;az-0C 2. MINING PERMIT # - 3. OPERATOR - r d,us AY A2TrNeZ 4. COUNTY i 3 tt t 5. ADDRESS I i S 'TL1Z9ALC iZ s Ol„C _D(Z. 6. PERMIT EXPIRATION DATE F3-71 -OCR 7. RIVER BASIN LT 8. Person(s) contacted at site 9. Was mine operating at time of inspection? Yes ❑ No 10. Pictures? ❑ Yes 5clio 11. Date last inspected: / / 12. Any mining since last inspection? WeVes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? lu4yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes ❑ No If no, explain: tkn hc.r Lrmn-Goa szi(AfZ ,.D 15. Did any of the above deficiencies result in offsite damage? ❑ Yes fro If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: 0,L6N PJ C)i k TcOlortkbrr ON Aces s c Rd 17. Other recommendations and comments: "PV'�JrOe rlmxQ >.- 6cem A2.0.%no lcoc,6 'D(� Zri2tJc To ELIC.Q- Eoo, Dzwit�Jty f(lnlA 0�g1L, 18. Is the Annual Reclamation Report +/-map accurate? &'Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes Gd'No Proposed date 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operator (o/ P. 104 (INSPECTED BY: l ...txA ( DATE S/aS'/04 Telephone No: (pool ) 14/e-4 Soo White copy to file Yellow copy to operator Pink copy to Mining Specialist 10197 North Carolina Department of Environment and Natural ResourC4 Division of Land Resources, Land Quality Section ,J MINE OKY 1ZEC TV T� 1. ivurvc I (PERNIITTED MINE) '' I ,, r. . , i`RiPiuTivuv n a inn ftwu 3. OPERATOR )'y'i a r . 4. COUNTY G ,u•. 5. ADDRESS fZ F-.I D v !lwa I I&% A/l 6. PERMIT EXPIRATION DATE 91-J 1 .04 r 7. RIVER BASIN 1-T- 8. Person(s) contacted at site 9. Was mine operating at time of inspection. ❑ Yes No 10. Pictures? O Yes o 11. Date last inspected: / ! 12. Any mining since last inspectio�?rr El Yes ZNo 13. Is the mine in compliance with the Operating Conditions of the Permit? IEYYes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? ❑ Yes r No If no, explain: 15. Did any of the above deficiencies result in offshe damage? PoVes ❑ No If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: e;W 1141111 i 17. Other recommendations and comments: 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes [2 &o Proposed date 20. No. of additional pages of Inspection Report_. 21. Copy of Report sent to operator (� (date) INSPECTED BY: 1 ,.1AAAJ DATE l 13 /2 Telephone No: ( 91)D 1 d 51- wP White copy to fete Yellow w copy to operator Pink copy to Mining Specialise 10/97 r State of North Carolina Department of Natural Resources and Community Development Division of land Resources 512 North Salisbury Suret • Raleigh, North Carolina 276u James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Seormry June 6, 1988 Dirrour Mr__ Armin C. Martirwz_ .-rr- 28 Lyle Dams Road --- Franklin, North Carolina 28734 RE: Rose Creek Mine Macon County Dear Mr. Martinez: Your request to have Mining Permit No. 56-27 transferred and renewed in its entirety has been approved. As we have received the required surety in an ` amount suftrcient to cover the present operation, I am enclosing the mining permit. The permit number and mine name shall remain the same as before the transter and renewal, Please review the permit carefully and ratify 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. Again, if you should have any questions on this natter please advise at (919) 733-4574. Sincerely, /'/,/IfIII�UO i 'was E. Carmll, P.G. Mining Specialist Land Quality Section TEC:/cft Enclosure cc: Mr. i.ic-haid Rh P] ip:=, P.E. P.Q Box VM7,, Raleiah, Fbrth Camlina 2761176 Telephone 919.133.3033 An E9wl DPp ky AfEmwme Anton Emp6M 1 DEPARTMENT OF NATURAL RESOURCES AND Ca44UNITY DEVELOPMENT DIVISION OF LAND RESOURCES LAND QUALITY SBCrICN 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 Regulation 15 NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Angus C. Martinez, Jr. Rose Creek mine Macon County -, Permit No. 56-27 fnr tha nnara+inn of A Gemstone 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. f.. i Page 2 of 6 In-accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources and Ccum ity Development, 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 attected 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 transferahl e by the tcrit wih the fn I pinn. 1 � i � efiI—.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 ccrplied 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. Expiration Date This permit shall be effective from the date of its issuance until June 6, 1998. Conditions 'Ibis shall bc: subject. to U,c: provision' cf the M.1nin(j 1?ct, N.C.G.S. 74-46, et. seq. , and to the following conditions and limitations: f Page 3 of 6 OPERATING ODNDITIONS 1. Any wastewater processing or mine dewatering shall be in accordance with permit requirements and requlations prcrmlgated b_v the N.C. Environmental Management Commission. 2. Any mining process producing air contamination emissions shall be subject to the permitting requirements and regulations promulgated by the N.C. Environmental Management C;anmission. 3. Sufficient buffer shall be maintained between any affected land and any adjoining waterway to prevent sedimentation of that waterway from erosion of the affected land and to preserve the integrity of the natural watercourse. 4._ Adequate mechanical barriers including but not limited to diversions, earthen dikes, brush barriers, 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 or natural watercourse in proximity to the affected land. 5. 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 offsite damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 6. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to beccme, noxious or foul.. necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 7. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 8. Sufficient buffer shall be maintained between any excavation and any adjoining property line to prevent caving of that property and to allow grading of the sideslopes to the required angle. 9. A physical barrier consisting of a fence or boulder barriers, etc. , shall be maintained around the perimeter of any highwall. 10. An Annual. Reclamation Roport shall. be submitted on a fonn supplied by the Dcpilrtniellt by approved. Page 4of6 11. 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. Approval to implement such changes must be obtained from the Department prior to on--site implementation of the revisions. 12. The security which was posted pursuant to N.C.G.S. 74-54 in the form of a $2,500.00 Assignment of Savings Account is sufficient to cover the operation as indicated on 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. 13. 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 Hunan 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 5 of 5 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: Mini.mun Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other �7-LL L : ater�C1_ _L_l. L_ _L _9_ iL_ u1lL:V1 L7V11C10 L.l�I1 Ilia 1.CL.L0.l-� u1LCll1 1JC clt SUC.:.Ll a71 aS1C�1C as to llllIil.1[LLLe Tl Ke possibility of slides and be consistent with the tuture 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 beccme noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recamTended agronanic 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 campletion or tezmirlation of nux a.ng on any segment of the permit area and shall be ccupleted 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 regrade and satisfactorily revegetate any disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. All sid(-,slopes shall ho gra6tUd to a 2 horizontal. to l vertical or flatter slope. B. Any settling ponds or sediment basins shall be backfilled and stabilized. • r Page 6 of 6 C. The processing, stockpile, and other disturbed areas neighboring the mine excavation shall be leveled and smoothed. D. Campacted surfaces Shall be disced, subsoiled or otherwise prepared before revegetation. E. No contaminants shall be dumped at the mine site. Scrap metal, trash or other such waste shall be removed from the site and properly disposed. F. 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 follows: LIME: 4000 lbs./acre FERTILIZER: 1000 lbs./acre 10-10-10 SEEDING SCHEDULE: 50 lbs./acre Tall Fescue 4 lbs./acre White Clover MULCH: 100 bales/acre Small grain straw 4. Reclamation Schedule 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 ccupleted within two years of ccupletion or termination of mining. This permit, issued April 19, 1978 to Rase Creek Mine, Campground and Stables, is hereby transferred and renewed pursuant to G.S. 74-51 and 52, respectively, this 6th day of June, 1988. T Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of: the Department of Natural Resources and CoiTuiuni ty Dcvr lojjrlcnt: North Carolina Department of Environment and Natural Re cc Division of Land Resources, Land Quality Section , MAY 2 91998 MINE INSPECTION REP RT �j ' (PERMITT D MINE) BY 1. MIN'E NA?W 'r'�'4A (/:.6t" �i 2. MINING PERMIT N 3. OPERATOR .. ts� �' ./Jzz!.,iau' 4. COUNTY 5. ADDRESS . . a 1 33 6. PERMIT EXPIRATION DATE Co �/ 7. RIVER BASIN Notµ. 8. Person(s) contacted at site a aELC` "tir.—ca K 9. Was mine operating at time of ins etion? .2 fes 'L No 10. Pictures? ❑ YesiB�No 11. Date last inspected: 6 /2�7/ 90 12. Any mining since last inspection? kYYes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? 2'Yes ❑ No If no, explain: 14. Is the mine in compliance with the Reclamation Conditions of the Permit? .R'Yes ❑ No If no, explain: 15. Did any of the above deficiencies result in offsite damage? ❑ Yes PreNo If yes, describe the type and severity of the damage: 16. Corrective measures needed and/or taken: aLrecommendations and comments: All . /urz ('nrr tarnfa`� IS. Is the Annual Reclamation Report +/-map accurate? ,RrYes ❑ No (Explain) ❑ Not Reviewed 19. Follow-up inspection needed? ❑ Yes .,F No Proposed date ! / 20. No. of additional pages of Inspection Report 19 . 21. Copy of Report sent to opemtor5 /27/ 7 (date) INSPECTED BY: DATE A5126!`7 Telephone No:, 76f/ 62216 White copy to file Au S Yellow copy to operator Pink copy to Mining Specialist 10/97 REQUEST FOR =NFORMAT=ON Name and address of person requesting information: e � Information. to be sent (check all that apply) : �BusinessCard ❑ Mining Act of 1971 ❑ Administrative Rules . _ �pplicaticn Form _ Cl Mining Brochure _ ❑ Guidelines on Reclamation Bonds ❑ Assignment of Savings Account Form ❑ Irrevocable Standby Letter of "Credit Form ❑ Surety Bcnd Form . Renewal Checklist ❑ Modifications Checklist - _. ❑ -"Transfer Checklist ❑ Other: * Susan — After sending the above .information: EASE FILE THIS FORM UNDER . REQUESTS FOR [� INFORMATION 61 U PLEASE ILE THIS FORM IN THE MINE FILE -(PERMIT ' G, NO Thanks J�J � � LIB MEOUEST FOR SNFOE2MATSON Kamp and address of person requesting information: AA ie Information to be sent (check all that apply) : � . Business Card ❑ Mining Act of 1971 n ❑ Administrative Rules . . l� 5(Q � �'-, // , wd . _ ,.�oplication Form -❑ Mining Brochure w�jr, �wY✓i' � ��� ❑ Guidelines on Reclamation Bonds ❑ Assignment of Savings Account Form ����nv ✓�'� Y ❑ Irrevocable Standby Letter of Credit Fors � � ❑ Surety Bond Form ' 4 Renewal Checklist ❑ Modification Checklist ; - ��` `•'..gr11 'SA�/" �'�" ((yy-- d ' 'Transfer Checklist ❑ Other: 6 ' * Susan �After sending the above .information: B� PLEASE FILE THIS FORM UNDER REQUESTS FOR Q INFORMATION Q „ V 7i0" PLEASE ILE THIS FORM IN THE MINE FILE (PERMIT G' 1/ -• Thanks r, .,T- : ,'+ =,�' tin �. �.`� K. i � 'ji } M. REOUESm FOR TN 'ORMAm TON N eand address of person requesting informatj.on: o2trS73 Ll Information to be sent (check all that apply) : Business Card t V ❑ Mining Act of 1971 ❑ Administrative Rules . .... .. ..... .. n W Application Form �O �' ❑ Mining Brochure , '' - -. �� f�, - �,�/r✓�`, 4� / rh� ❑ Guidelines on Reclamation Bonds ❑ Assignment of Savings Account Form ❑ Irrevocable -Standby- Letter of Credit Form ❑ Surety Bond Form " - plot Renewal Checklist ❑ Modification Checklist ❑ "Transfer Checklist ❑ Other: * Susan — After sending the above .information: IPF-- PLEASE FILE THIS FORM UNDER . REQUESTS FOR INFORMATION - - a �, �✓ G�-D 4i PLEASE ILE THIS 'FORM IN THE MINE FILE (PERMIT Thanks RECEIVED D E C '14 1989 LAMP nllni l I SECT-(oN State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street•Raleigh,North Carolina 27611 James G. Martin, Governor . R. Paul Wilms William W. Cobey.Jr.._ Secretary Director December 11, 1989 Mr. Marty Martinez P. O. Box 490 Bonita Springs,Florida 33959 Subject: Permit No. WQ0002401 Marty and Becky Martinez__._:_ ose Cr �cLCqmno-rn t cyc e- -ac i es Macon County Dear Mr. Martinez: In accordance with your application received on September 14, 1989, we are forwarding herewith Permit No. WQ0002401, dated December 11, 1989, to Mr. Marty Martinez for the operation of the subject wastewater recycle facilities. ThiR'nermit Rhall he effective from the elate of iscnancP until NnvPmher 10_ 1994- shall supersede Permit No. 4784R, which was issued-on August 17, 1983, and shall be subject to the conditions arid limitations as specified therein. If any parts,requirements, or limitations contained in this permit are unacceptable to you, . you have the right to request an adjudicatory hearing upon written request within 3U days - following receipt of this permit. This request must be in the form'of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall }tea final anA t i"Ain" vv aauua uaau vuaaa uab. If you need additional information concerning this matter, please contact Randy .Tones at 919/733-5083. n erely, v:. R. Paul Wilms cc: Macon County Health Department Asheville Regional Office Groundwater Section wand Quality Section Pollution Prevention Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH RECYCLE SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Marty and Becky Martinez Macon County FOR THE continued operation of a 20,000 GPD wastewater recycle system which consists of three sediment settling ponds in series: pond A is 33' by 18' by 25'; B is 15' by 36' by 15'; C is 25' by 12' by I51, a recirculating pump system, and all other piping and appurtenances to serve the Rose Creek Mine and Campground ruby mining operation with no discharge of wastes to the surface waters, pursuant to the application received on September 14, 1989, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment,Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until November 30, 1994, shall •. supersede Permit No. 4784R; which was issued on August 17, 1983, and shall be subjectto the following specified conditions and 1•unhations: _ 1. •This'permit shall become voidable unless the facilities'are constructed in accordance with the conditions of this permit, the approved plans, specifications,and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in . the application and other supporting data. b...,...e.r....,..:.... .,ea l...a ,..:e.,..va ... .................� o,.....w p...f....q . .,..•.m..•w o.. vrn..mw m m. w...w. - 4. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittm, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of the request will be considered on its merits and may or may not be approved. 1 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall tdke immediate corrective action, including those as may be required by this Division, such!as the construction of additional or replacement wastewater treatment or disposal facilities. 6. The sludge generated from these treatment facilities must be disposed of in accordance with General Statute 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. 7. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this facility. S. The facilities shall be effectively maintained and operated as a non-discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. 9. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited. 10. Freeboard in the sediment ponds shall not be less than two feet at any time. 11. Any monitoring deemed necessary by the Division of Environmental Management to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 13. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time or Y inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period " of three years from the date of the inspection and shall be made available upon request to the Division of Environmental Management or other permitting authority_ 14. Any duly authorized officer,employee,or representative of the Division of Environmental Management may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the disposal site and facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this.permit; or may obtain samples of groundwater, surface.water, or leachate. s k, 15.' The annual administering and compliance fee tnust`be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4)• 16. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6. 17. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and fed,pral) which have jurisdiction. 2 18. Noncompliance Notification: h The Permittee shall report by telephone to the Asheville Regional Office, telephone no. 704/251-6208, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a basin or tank; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self-monitoring information indicates that the facility has gone out of compliance with its permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. 19. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the llth day of December,'1989. I TH CAROLIN ENVIRONMENTAL MANAGEMENT COMMISSION �! R. Paul Wilms,Ma4ol . ., UDivision of EnvirrinaWtal Management a„ e.,.a,,..:..:..o,t..V....:...........«.I xx................n........:...:__ ..� •mx,� ur m un.uuuwun.uw�. mawmua a.vuuwm.m. 3 North Carolina Department of environment, Health, and Natural Resourcel)"� '-i v GU Division of Land'Resources, Land Oual- Section MINE INSPECTION REPORT „h,n M,,; ,TU p,^_,^ (PERMITTED MINE) � J[L IV 1. MINE NAME WkaAe 1r 2. MINING PERMIT M 3. OPERATOR 4. COUNTY_InA2-e_c a. ADDRroJ 6. Person (a) contacted at site 7. Was mine operating at time of Inspection 7 L Yes No 8. Pictures ? ❑Yes No 9. Date last inspected:��_ 10: Any mining since last Inspection? 9-yes ❑No 11. Is the mine in compliance with the Operating Conditions o1 the Permit 7 n Yes Rfc It no, explain: — �/— i 1 Z Is the mine In compliance with the Reclamation Conditions of the Permit 7 [ Yes ❑ No If no. explain: 13. Did any of the above deficiencies result In offsi� tlamage 7 �'es ❑ No If yes, describe the type and severity of the damage: �a.-1,w.J...-� {cow. ��.e.acSo.� .,.re., n 14. Corrective measures needed and/or taken r e 15. Other recommendations and comments: 16. Is the Annual Reclamation Report +l - map accurate ? ❑ Yes ❑ No (Explain) �of Reviewed 1 ) i 17. Follow-up Inspection needed? En Yes ❑ No Proposed date Z/-=0l a0- 18. No. of additional pages of Inspection Report o 19. Copy of Report sent to operator 0/29/--W, date INSPECTED BY: L .-2Ang=Pk c� DATE:��/ ( d0 Phone No:O 251 - (p Mhe copy to Ile Yellow copy to operator Pink copy to Mining spociallst aer 1 ! � 1 - i I ke , REGFAVEn North Carolina Department of Environment, Health, and Natural Resources, Division of Land Resources, Land Quality Section IIIA- 0 MINE INSPECTION REPORT LAND n11nuTY SECT N p (PERMITTED MINE) 1. MINE NAME eOde�e. Ot-!¢_Nf, 4%yle_ 2. MININGPERMIT# �6-2? 3. OPERATOR Wlc-*4ene -. 0;- 4. COUNTY_3M.C6 � 5. A'u'u'nESS a -B. Person (a)contacted al site 7. Was mine operating at time of inspection 7 es -❑ No 8, Pictures? Yes ENO 9. Date last Inspected:_Y�j /� 10.Any mining since Iasi Inspection 7 ©Yes No 11. Is the mine In compliance with the Operating Conditions of the Permit 7 Yes ❑allo If Ttp,,explainln`F : 1lta�..L 12. Is the mine in compliance with the Reclamation Conditions of the Permit ? ❑r'Yes ❑ No If no, explain: 13. Did any of the above deficiencies result in offsae damage ? as No If yea, descrtbe the type and severity of the damage: �"���e . e_ pie �41ne \nocf, )Crr� 14. Corrective me`a`sure(g needed and/or taken: .� r � t Sn t.k 15. Other recommendations and comments: 16. Is the Annual Reclamation Report+/ - map accurate ? rf Yes 71 No (Explain) rz;rNot Reviewed 17. Follow-up Inspection needed ? E'Yes ❑ No Proposed date 18. No. of additional pages of Inspection Report c 19.Copy of Report sent to operatoda /-fAI-13Q. (date) INSPECTED BY: k-, , e�)Y�vt�. DATE: _/ / 9Q Phone No: (104) /?51 -toLOt White copy to rile Yesowcopytoopcmfor Pink copy to Minkrg Specialist sea North Carolina Department of Environment, Health, and Natural Resources, RE(;E1 Division of Land Resources, Land QualitySection MINE INSPECTION REPORT FEB 27199 (PERMITTED MINE) LAND QIIALII'Y SEC ION 1. MINE NAME eoa�n _ CreelL M,no 2. MININGPERMIT# f�c•ZT 3. OPERATOR 4. COUNTY yl.(ea.c..r` S. ADDRESS 1T1 6. Person (a) contacted at she 7. Was mine operating at time of Inspection 7 Yes -o 8. Pictures 7 Ves o 9. Date last inspected: I�1 `�/-M 16. Any mining since last Inspection ? Yes 2 4o 11. Is the mine In compliance with the Operating Conditions of the Perms ? Ves GJ­No If no, explain: r 1�rnl n'-S1'Ic,A h .�ll¢!Y�"1'�nn L•r.� � ,-t-. 1n.AS�-:�. m'd. =. {I . 'Fn. I.icy_-AM rXh J,.�lO f�Op,l.��L M31 L.ICQS Yfl CD � CfY ,.4�� O1 SIG. 12. Is the mine In compliance with the Reciamalion Condftlons of the Petmh ? ❑ Ves p•No If no, explain:— Il nl..+.�,,, +t I �,._d A - �I-I�A c a�� w rl16, s 13. Did any of the above deficiencies result In offslte damage ? Yes ❑ No If yes, descdba the type and severlty of the damage: n�a, �, ine_ hr.� 4L ,..c_l.-.tt�eA c.• Aa N...fe. ..m. LY�oQlAn-.-] M.�n.-1 in,-1' - e.♦•e_ <.ac>. i_mr�ti-�.n„L �.1 11 14. Corrective measures needed and/ortaken: 1r . Ljt 15. Other recommendations and comments: 16. Is the Annual Reclamation Report+/ - map accurate? El Yes No (Explain) Q Nct Reviewed 17. Follow-up Inspection needed? 0 Yes ❑ No Proposed date 11 J__J_Q 18. No.of additional pages of Inspection Report c 19. Copy of Report sent to operator tI IJ-M. (date) INSPECTED BY`�r.`.�,'1e.ID1'urc4 . �.OAa Ce.r DATE: (�� Phone No: 251 - GrZA% ' "No copy to Ole Yeaow copy to operator Pink copy to Minim Spec/ellaf aao .. 'y.. _ � , ', � � ��.�; asp •- .. ..., �... - y $ � 1 k . - � � . ' / � � .f,�.s - ' f , i 'i . � . s REl;E1VED � N0� 21 1989 E�MP MtQU� SECTION State of North Carolina Department of Environment, Health, and Natural Resources Asheville Regional Office James G. Martin, Governor Ann B. Orr William W. Cobey,Jr., secretary November 16, 1989 Regional Manager CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Angus C. Martinez, Jr. P. 0. Box 490 Bonita Springs, FL 33959 RE: Notice of Deficiency Rose Creek Mine (No. 56-27) Macon County Dear Mr. Martinez: On November 9, 1989, an inspection of the referenced mine was performed and several deficiencies were found that require your attention. The deficien- cies discovered and the necessary corrective actions are as follows: 1. A vertical-sided ditch has been cut to carry the creek around your mine operation. This channel must be shaped so that the creek slopes can be retained by vegetation or must be piped to eliminate the vertical slopes. 2. Fill material has been placed directly adjacent to the existing creek. This material must be pulled back and a buffer, such as silt fence, placed between the fill and the creek. 3. All exposed soil must be stabilized with a ground cover. If the previously described deficiencies are not corrected within 30 days following receipt of this Notice, this matter will be referred to the Director, Division of Land Resources, for issuance of a Notice of violation in an effort to secure compliance at this 'mine. Do not hesitate to contact either Lisa Shepherd or me regarding any questions you may have about this matter. Sincerely, Richard A. Phillips, P.E. RAP:LD :a Regional Engineer Enclo ure cc:\ Mr. Tom CarrhRki..Bulldlyl,"WwdBn Mace, Asheville, NC.288a1 •Tekph e]3514109 An Eqwl OpP niry AHimunvc M n Emp6M North Carolina Department of Environment, Heahh, and Natural Resources, Division of Land Resources, Land Quality Season NOV 211989 MINE INSPECTION REPORT LANs nIIAUTY SECTION (PERMITTED MINE) 1. MINENAME �es4- LronY_r.� „n2�t_�_. � r. 2. MININGPERMIT# S(n-Z'( 3. OPERATOR C2.x Wl d-,✓ 4. COUNTY an;cam 5. ADDRESS PT, �t?O , 'jyo'.. + gpr✓. 'F�_. :,�j?,9r-,� 5. Person (a) contacted at site v1n nu o .,4<_� 7.Was mine operating at time of inspection ? LjYes LvrNo e. Pictures 7 3 Yes LffNo 9. Date last Inspected:-f_Lj-aj 8[ % Any mining since last Inspection 7 [JYes No 11. Is the mine in compliance with the Operating Conditions of the Permit ? ❑Yes 0'No If ,explain: Ki ` � c u^ � C 00 f "'ko !to . Z•tf-H7t�,w a .1@ e . ..A' n,f�1N__ la. A 1 . Is the mine in compli nce with the Reclamation Cana lip s of the Permit ? [:) Yes o If no __ _explain: � ^%c4",k '�- I 0v6 +� O_A, .-A- �F4m.- Cz.n ICZ n� !ov-d.�ko.A= . 13. Did any of the above deficiencies result In Watts damage ? as ❑ No If yes,describe the type and severity of the damage: :i lA „u k ponp rted %'. o eaAO,k• i 14. Corrective measures needed and 1 or taken: e_ '46,AP 15. Other recommendations and commerds: 18. Is the Annual Reclamation Report +/ - map accurate ? O'Ves ❑ No (Explain) ❑ Not Reviewed 17. Follow-up Inspection needed? �es ❑ No Proposed date ��,x� 18. No.of additional pages of Inspection Report 19. Copy of Report sent to oper to or—P_ INSPECTEDBY: 1,,,,.��1a;0I'le-i c1 DATE:�/ q (date) Phone No: (/7%) While copy to me Yellow mpy to operator Pk*copy to Mining Specialist aaa J State of North Carolina ' = � De- rtment of Natural RPaA1SrPPa K C.nmmi,rngry navelennmonf� ).-a , ..� R Division of Land Resources a° Land Quality Section m co CT! cc � c.o A N N U A L R E C L A M A T I O N R E P O R T o North Carolina General Statutes 74-55 and the Mining Regulations require that "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." PLEASE PRINT OR TYPE Name of Mine 631F C' County //a,rl Permit Number Name of Company/Owner Tltf z p Code Official Nailing Address Bii!/ � Z1 Telephone (F/j) 479Z—Z"Z Check if. change of address or telephone 1. (a) If mine is now inactive, when did mining stop? Date (b) Is this stoppage permanent? Yes No. 2. List by category the total amount of new land affected by mining activities .1 &U- 1 n07 1 .7 a 1 ♦.� 1. dr�tsd mince li! Ll1G iJV! LalellLLer year all�i .LOLa6 Gacl! area vil your up .a �. v, ash. map. (A) TAILINGS PONDS: D31S acres. (D) MINE EXCAVATION: S acres. (B) WASTE PILES: r7 acres. (E) PLANT AREA: S acres. (C) STOCKPILES: , Z S"`L acres. Check here if no new acreage affected in 1987. 3. Estimate by category the amount of new acreage to be affected by mining activities in the 1988 calender year and locate the outline of each area on a_. your updated mine map. (A) TAILINGS PONDS: ,03 acres. (D) MINE EXCAVATION: 3,S7 acres. (B) WASTE PILES: O acres. (E) PLANT AREA: ,cam S acres. (C) STOCKPILES: . 2--5-Z acres. ✓ Check here if no new acreage is to be affected in 1968. 4. List by category the total amount of disturbed and unreclaimed land present at this site at the end of the 1987 calender year. (A) TAILINGS PONDS: . p acres. (D) MINE EXCAVATION: acres. (B) WASTE PILES: acres. (E) PLANT AREA: S _ acres. (C) STOCKPILES: acres. (CONTINUED ON REVERSE SIDE) 5. List by category the amount of land that has been completely reclaimed in 1787 sand is not subject .o continued use in future mining related activities. Briefly describe the reclamation work conducted and indicate if you wish to have any of these areas released from your current bonding requirements. Accurately locate the outline of all such areas an your •- updated mine map. (A) TAILING PONDS: acres. Explain: Release Requested: Yee No (B) WASTE PILES: acres. Explain: Release Requested: Yes No (C) STOCKPILES: acres. Explain: Release Requested: Yee No (D) MINE EXCAVATION: acres. Explain: Release Requested: Yes No (E) PLANT AREA acres. Explain: Release Requested: Yes No Check here if no reclamation conducted in 1987 . Person responsible for reclamation (please print) : Signature of company officer or owner: �o�C!//9lUT Title: Date: Complete and return by February 1 two copies of this form along with two copies of an updated mine map to: Land Quality Section D-NRCD P.O. Box 27687 Raleigh. N.C. 27611-7687 FAILURE TO FILE THIS FORM BY THE DATE SPECIFIED MAY RESULT IN THE ASSESSMENT OF CIVIL PENALTIES AND COULD EVEN RESULT IN THE REVOCATION OF YOUR MINING PERMIT. c� { a 1 } z tul41 x ykx r x v� ate. r r 1 may' _ jt, S %41 i 4 G3 3 Speed Letter_ From_lZ�^�it;ct� /-(IL<,I/�S To jG`r Dads fi rA suhiecL lz L. (R.t.ZK- plx4c Pcyuf-S-r r4et- (x4pSTL.K-.rlfu-twelA_ er- QdYn: Z7 ,udcaA/ MESSAGE Date Signed REPLY rdi' 1 rjJJ un ggpp ppgg�� Date +j Signetl ,�r9 IlLfo�o!1 d AP . .. RECIP.IENTzRETAIN WHITE COPY. RETURN.P.INK COPY. cmu-mw rvlNu¢n. TURN OVER FOR USE WITH WINDOW ENVELOPE. PILL' IN NAME AND ADDRESS HERE r FOR•RETURN IN WINDOW ENVELOPE I L J -FOW =rceo MEMO z1l , * GATE: / TO: X Ie SUBJECT: ROSE ("0 1P k 1 to &iI61 R,ktK '0e04re was ,noAre're( �A. 1- Ile Rest 1jrPe/' mjoe, eoml* revwol o� S f,,, b/c'r wo »/d a suthe17 prlsr Ad o �OQa% SPr, .r�e l9 ?� North Carolina Department of Natural & Economic Resources _.._. .� F E . w s .. R,� i. - ------------------------ T• �f''�-�>i�npa✓�- �� PlY9I' 7/�ff(� %7 � (� •/rip;' - ---'3//� 'J",S',�'-1l'�s=d�-7 6�a">9ff/J✓P/"6�J"iy-17r� s1 � _ �'7�✓„�rp-Qs%t/-3r % 6�3�i-ram'-�n��/ -----_ T✓�v�. -- - -- -- - ---- -a���P�'�_ �>v,��°:��F/��d-J�'rn a-��M-_'/�ir�-�/✓iJ�%i n-fed ---- ----- -- -"- ✓ - Jv;�� --•�%Y /."ri������/=1-.�t��a��i�/71��fad'-�a�c/r'.3r�a�-�S f�j„a�7 -------- - -----�3�y1fsi6�/-�3%77Jr!a'G/s-•7'1J-'a'Z%-f'�%y �-- -- — _-- �a���a*>t�'��l-=yrv�v�--s�-Pa•Q��ai f d�adv x�-��/�.--------- - -rc/�s>rjno� ��y Da7 ��!"�� 7i.�3'�j 3�5 oa7�7✓O f�ni�'1� -- — 0 I , / R\ \ \ \ƒ I IN ( } } ( [ { \ it III IynJ Quulity Section MOMAL C Dale: C/II Time: ¢ 3° To: L45 From; T DAVE1S Re: fWLE Ut� A4)PC a"MCIAR� CD 1G.,GI�— �aN�cPMI-- ,� „' ^-•-�- �. �`- /i' c - GUQ'2fa3L- I/g�SD �''`t� ��- CRi9)993 -aS4Y Ifernrrty����, , ,VL 27Z8� abavt- �L � ( cuc.,,�O �..-.- ,1�,.. ,G'Nxo�f.+�ckno✓ ¢�� Division of tAnd Resources,North Camlins Department of Natural Resources and C<anmunity Development Llp lAndQublitys"dort Date: Memo P w i r 1 r i fT L__. - .1W. Division of LAnd Hesources,NoM Carolina 1 Speed Letter® vA .l, .TO AU(ruS C , AArAriA/ca 72 . .. ',From �YUKS( 77a1/Isr Zf LYLC ?>RwAiS 7ZE&A1I PI iA+ 5/LuAL6f �aaucuv van7u Cd�cnu�6 28-74q LAI (hut i*y 52zrton� Subject AiPP44 e,J MESSAGE DEIl lie S6-Z7 Date SI Red HI PLY Date Signed . .. .MisonJoRes - .. Dr INE FORM aria 3-PART 090 .MINTED IN U5 A. SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. 1 � r t � r . � ' Y 1 ! � DEPARTMENT OF NATURAL RESODRCSES d COMUNITY DEVELOPMENT LAND RESOURCES DIVISION, LAND CUALTTY SECTION TELEPHONE LOG Sheet Date 1G /'6 County /r�.46"1 - �✓' Call .aca,.e _/^a„ placed_ 1 . Project: )At C�X na /� 2. Conversation with; Lltawf ///,/ale r"�k / �y,�Y Of�tce. 3. Content of coonveeyeattlon: _ // �, J� n� / 64.4' //L/�1-�/ fFf� k, /Y,b,. 0. /hl- FrA' M1 �2. /�� 414 /ViGs{IXQ,+1`r W-��' dn� Afe fee zoo wz�,St Filled by: Speed Letter®, DaVtt To 7Z(LktAKz fpmu./PS _ From . . .Q4 kwu,F' i4i Su6iect J/�S�_LJftt.L' ;�t � — ILE.yJU,(jC'r It//N— �KI1?�$F17�r icGFroriy[_ 6� �SL'Z7��/yCO✓ MESSAGE /f ' /n/ �.Y/L /�j yl,�-/. [^/ /I,.• - ' /^�- (,�Ie a v f Dale Signed 4 REPLY 17 Date Signed Wilson,lones - GPAVLINEFOFMII 2R P T tl9 PRIM NUUA. SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. µ 1Pk�;'kIV�D 4�1q,�+l�rnr APPLICATION FOR 4'Jd NORTH CAROLINA MINING ` . PERMIT ��% Fo State of North Carolina Department of Natural Resources and Community Development- Division of Land Resources Land Quality Section P.O. Box 27687 Raleigh, North Carolina 27611 (919) 733-3833 xev.3/88 r ,�1��� �au� ����i�y� "��� U .. •, . � t: ' ' /�_ �r _ �/"�� v ,�� if d �� / � vJ �� '�L CEI VED APR 4 1988 ton ^^11,,,, NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMEN"TVSECTION LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT MAY 11 )�8 lAA'O 01141 m (PhEASE PRINT OR TYPE) �cb11VIV 1. Name of Mine l OSx- ooelye-< vim County /J ed.� 2. Name of Applicant /9irl9tcS i 3. Permanent address for receipt of official mail. .Za L ✓ZLr A tJMS �d 2iF.�KCi � X/, 6+, y ZP73.!C *Telephone 70 5!- SZ$l -3Z 2,25— 4. Mine Office Address Y ! � � . 29734! Telephone 5. Mine Manager .zy 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 mists resent at ion 0 fac s will be cause for permit revocation. ®ids- **Signature /� y Date 3- 3 a p- P Print Name ���/.[T 0, /1�.0 r/Nf17/ .`crr Tom' Title [/wxi Ofc�' *The Land Quality Section should be notified of change in 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 most be addressed and all required maps provided before this application can be considered complete Attach additional sheets as needed. 1 KJECEIVEO APPLICATION FOR A MINING PERMIT MAY 1 1 1988 A. GENERAL CHARACTERISTICS OF MINE. (ANC I)Ii°)rry SECTION 1. Total acreage at site covered by this permit application: Acres owned AZ lc� Acres leased Property owner if leased FA 2. Name of all materials mined: mCg& Gf 3. Mining method: Hydraulic Dredge Underground Shovel & Truck 4,� Dragline & Truck Self-loadino Scraper Other (explain) 4 . a. Expected maximum depth of mine (feet) /ll � Reference elevation: b. Expected average depth of mine (feet) 2 To O 0 5. Has any area(s) at this site been mined in the past? Yes ✓No_ If no, pro- ceed to question 6. a. Acreage of previously affected land(s) at present site that has not been reclaimed: T, .0, acres (identify all areas on your mine map) . b. When and by whom was this activity conducted? C. Acreage of previously affected land at present site that has been reclaimed: O acres (identify all areas on your mine map) . d. When and by whom was this activity conducted? e. Do you wish to exclude any areas noted in Sa or c from this permit application? Yes No ✓ If yes, haw much? acres (identify all areas on your mine map) . 6. Present (premising) use of the land (estimate acreage for each) : Cropland_ ac Pasture ac Forestry ac Fish/Wildlife ac Recreation V� ac Other as 7. Proposed land use after mining and reclamation has been completed (estimate acreage for each) : • Cropland ac Pasture ac Forestry ac Fish/Wildlife ac Recreation Lac Other ac B. DETERMINATION OF AFFECTED ACREAGE AND BOND 1. Number of years for which permit is requested (10 years maximum) . /O 2. Total affected acreage to be disturbed during initial year of operation: a. Area used for tailing ponds . 03/.S acres b. Area used for stockpiles , 2SL' acres c. Area used for waste piles O acres d. Area used for processing plants and onsite haul roads b Ld acres a. Area of mine excavation(s) Z.3 S acres I. TOTAL a-e 1,21 acres 3. Estimate the maximum amount of land to be disturbed and unreclaimed 1. at any one time during the life of the permit. ,Z+.'o acres 2 w APPLICATYON FOR A MINING PERMIT . a 4. Check acreage to be bonded*: Total affected acreage figure from B2f OR B3 (page 2) whichever is larger, equals acreage to be bonded. (See 15 NCAC 5B.0003 for bond amounts. ) 0 - 4.99 acres 10 - 24.99 acres 5 - 9.99 acres 25 + acres 5. a. Will you file a blanket bond or other security covering all of your mining operations in North Carolina? Yes No� b. Have you already filed a blanket bond or other security? Yes_ No� 6. List any mining permits previously issued to the applicant. C_ PROTECTION OF NATURAL RESOURCES 1.. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No If yes, briefly describe all such processes including any chemicals to be used. b. Will the operation involve dewatering the mine or discharging fresh or waste water from the mine or plant. Yes No If yes, briefly describe the nature of the discharge and locate all proposed discharge points on your mine map. c. If you answered yes to either la or lb, provide evidence that you have applied for or obtained a water quality permit from the Division of Environmental Management, Water Quality Section. *In lieu of the surety bond required by this section, the operator may file with the Department a cash deposit, negotiable securities, a mortgage of real property acceptable to the Department, or an assignment of a savings account in a North Carolina bank on an assignment form prescribed by the Department. The amount of land disturbed and unreclaimed at any one time must not exceed the bonded amount. 3 APPLICATION FOR A MINING PERMIT 2. a. Will the operation involve crushing or any other air contaminant emissions? Yes No If yes, indicate evidence that you have applied for or have obtained an air quality permit issued by the Division of Environmental Management, Air Quality Section or local governing body. b. How will fugitive dust from stockpiles, haul roads, etc. be controlled? 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. 4 APPLICATION FOR A MINING PERMIT 4. a. How wide a buffer will be maintained between any mining activity and any adjoining property or highway right-of-way? Show all buffers on mine map(s) . b. 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. c. Describe what kind of barricade will be used to prevent inadvertent public entry along any high wall area and when it will be implemented. 5 APPLICATION FOR A MINING PERMIT 5. Describe specific erosion and sediment control measures to be taken during mining to prevent offsite sedimentation (include specific plans for erosion control for mine excavation(s) , waste piles, access/mine roads and process areas), and give a detailed sequence of installation. Locate and label all erosion and sediment control measures on the mine map. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. 6 a. Describe methods to prevent landslide or slope instability adjacent to adjoining properties during mining. b. In excavation(s) of unconsolidated (non-rock) materials, specify the angle of all slopes including specifications for benching and sloping. c. In hardrock evacations, specify proposed bench widths and heights in feet. 6 r APPLICATION FOR A MINING PERMIT 7. Are acid producing minerals or soils present? Yes_ No If yes, list all such minerals, their relative abundance and indicate their location(s) on the mine map. flow will acid water pollution from the excavation, stockpiles and waste areas be controlled? S. 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 and provide cross-sections through all proposed berms. 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 property from flying rocks or excessive air blasts or ground vibrations. Locate the nearest offsite structure(s) to the proposed excavation(s) on the mine map. 10. a. What is the pre--mining depth (in feet) to the seasonal high and low ground water tables? High ft. Low ft. What is the source(s) of this information? b. Will any part of the proposed mine excavation(s) extend below the water table? Yes_ No If yes, do you intend to dewater the excavation(s)? Yes_ No_ If yes, what impact, if any, will mine dewatering have on neighboring wells? Locate all existing wells on the mine map that lie within 500 feet of the proposed permit area. Provide data to support any conclusions or statements made. 11. Will fuel tanks, solvents, or other chemical reagents be stored on-site? Yes No If yes, describe these materials and haw they will be stored and— th show e location(s) of all storage faciiities on the mine map. 8 APPLICATION FOR A MINING PERMIT A. RECLAMATION PLAN 1. Describe your intended plan for the 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. c 2. a. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes No If yes, illustrate the location of the body(s) of water on the reclamation trap and provide a scaled cross-section(s) through the proposed body(s) of water. Will the body(s) of water be stocked with fish? Yes_ No If yes, specify species. b. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. Provide details on any permanent water outlets. 9 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rack including what kind of permanent barricade will be left. The location of the barricade must be shown on the reclamation map. 4. a. Indicate the method(s) of reclamation of overburden, refuse, spcil banks or nt)lpr g11r11 nn-sita mina W=a*e areas 4nn1,,Al!n s,-.er.; cnt;on.� 'Foi 'ban.. ing 1. .L i. 1Jl,r/l.11�y and sloping. b. Are any processing waste, overburden or other such mine wastes to be disposed of off-site? Yes No If yes, describe in detail what these wastes are and 'now they will be disposed. Attach a separate site map(s) showing the location(s) of the disposal area(s) . Include all specifications for erosion and sediment control. 10 r , APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 5. a. Describe reclamation of processing facilities, stockpile areas, and onsite roadways. b. Will any onsite roadways be left as part of the reclamation? Yes— No If yes, identify these on the reclamation map and provide details on permanent ditch line stabilization. h. State the method of reclamation of settling ponds and/or sediment control basins. 11 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 7. State 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 N.C. Department of Natural Resources and Community Development, Land Quality Section and either the N.C. Department of Human Resources or local governing body. B. Indicate the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. Give design details including typical cross-sections of any permanent channels to be constructed as part of the reclamation plan. Show the location(s) of all permanent channels on the reclamation map. 12 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 9. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre and general seeding instructions for permanent revegetation and, if necessary, temporary revegetation. Revegetation utilizing pine seedlings only is not acceptable. NOTE: Revegetation Plan must be approved and signed by one of the following: (a) Authorized representatives of the local Soil and Water Conservation District having jurisdiction over lands in question; (b) Authorized representatives of the Office of Forest Resources, Department of Natural. Resources and Community Development; (c) County Agricultural Extension chairmen or Research and Extension personnel headquartered at North Carolina State University in the School of Agriculture and Life Sciences; (d) North Carolina licensed landscape architects; (e) Private consulting foresters referred by the Office of Forest Resources, Department of Natural Resources and Community Development; (f) Others as may be approved by the Department. LIME - RATE OF APPLICATION: FERTILIZER - ANALYSIS AND RATE OF APPLICATION; SEED - TYPES(S) AND RATE OF APPLICATION INCLUDING SEEDING SCHEDULE: MULCH - TYPE AND RATE OF APPLICATION: OTHER VEGETATIVE COVERS: Revegetation and/or reforestation plan approved by: Signature Date Title Agency l3 APPLICATION FOR A MINING PERMIT RECLAMATION PLAN 10. 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 show on the site map segments that are to be mined and reclaimed during each year of the permit. Add drawings showing typical sections or cross-sections and layout of proposed reclamation. E. NOTIFICATION OF ADaOTNTNG 1 JANTIt)WNFRS I. The "NOTICE" form or a facsimile thereof attached to this application must be sent certified or registered mail to all adjoining (contiguous) landowners indicated on mine map unless another means of notice is approved in advance by the Director, Division of Land Resources. The completed "Affidavit of Notification" attached to this application must be submitted before the application is considered complete. 14 NOTICE Pursuant to provisions G.S. 74-50 of The Mining Act of 1971, notice is hereby given that (Company Name) has applied on to the Land Quality Section, Division of Land Resources, (Date) North Carolina Department of Natural Resources and Community Development, P.O. Box 27687, Raleigh, North Carolina 27611 for a surface mining permit to commence mining of on acres located of (Mineral, Ore) (Number) (Miles) (Direction) (Nearest Town) near road in (Road Number/Name) (Name of county) 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 contiquous to the proposed site, and to notify the chief administrative officer of the county or municipality in which the site is located. The property owner may file written comment(s) to the Department at the above address within ten (10) days following receipt of this notice or the filing of the appli- cation 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 in accordance with the Department of Natural Resources and Community Development, Mining, Mineral Resources Regulation Title 15 Subchapter 5B, .0011. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address. For further information call (919) 733-4574. (Date bailed to Addressee) (Address of Applicant) 15 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, an applicant, or an agent, or employee of an applicant, for a Mining Permit from the N.C.Department of Natural Resources and Community Development, being first duly sworn, do hereby attest that the following are known owners, both private and public, of the land adjoining the proposed mining site and that notice of the pending application has been caused to be mailed, by certified or registered mail, to said owners at their address shown below, such notice being given on a form provided by the Department: (Name) (Address) (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: (Name) (Address) 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. '74-50 and 15 N.C.A.C. 5B .0004(d) . I understand that it is the responsibility of tha Annl irant- +n retain the rece; is of l showing that +z, ti . 1: � '�.�...�.. .. -p- .. a..ai,a,.i,iag $aavlri i„g a�, r.aae cu V= notices were caused to be mailed and to provide them to the Department upon request. 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) 1, a Notary Public of the County of , !3tate 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. Witness my hand and notarial. seal, this of day of 19 Notary My Commission expires: 16 APPLICATION MR A MINING PERMIT F. MAPS 1. Two copies of the county highway maps and two copies of all mine maps shall be submitted with each permit application. County highway maps may be obtained from: Location Department State Highway Commission Raleigh, North Carolina 2*7602 Clearly mark the location of your mining operation on the county highway maps. 2. Mine maps should be accurate drawings, aerial photographs or enlarged topographic maps of the entire mine area and of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following. a. Property lines of the tract or tracts of land on which the prnpnSed mining activity is to be located including easements and rights-of-way. b. Initial and ultimate limits of clearing and grading. c. Outline of all pits/excavations. d. Outline of stockpile areas. e. Outline of temporary and/or permanent overburden disposal areas. f. Location of processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed) g. Location and name of streams and lakes. h. Outline of settling and/or processing wastewater ponds. i. Location of planned and existing access roads and on-site haul roads. j. Location of planned and existing on-site buildings. k. Location of all proposed sediment and erosion control measures. 1. 100 year floodplain limits. m. Names of owners of record, both public and private, of all adjoining land. n. Map legend: 1. Name of applicant 4A4CkS C� �� •/ �/��Z�T , � AA1114(SC�, 2. Name of mine I90scCRmr ,4'e.00o ' 5. North arrow 4 . County 41041 dw 5. Scale /I" .30 1 6. Date prepared _<—/0 -gl 7. Name and title of person preparing map ¢•L• S�/2i"rk� �,�q. 44,4/5'wGEiI�Gf Map scales must, at a minimum, meet the following guidelines: SITE SIZE (From Page 2, Al) MAP SCALE 0-99 Acres I inch=50 feet 100-499 Acres I inch=100 feet 500+ Acres 1 inch=200 feet NOTE: THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ITEMS 2a-n BEING ADEQUATELY ADDRESSED. 17 • kkCfIV�D MAY 11 198 KECE1 V ED APPLICATION FOR A MINING PERMIT 440 ONAI 1y SFr 8„ APR 41988 G. LAND ENTRY AGREEMENT V,moo N11A1.11Y SECT(pry 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 this Act. 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 nacessary 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. Signature"' Print Name: Aif(c�/LS e7, Title: Mine : ✓n31,- C .�/`�iFf� fZl✓Al/� Company: 'Signature must be the same as the individual who signed Page 1 of this application for a permit. 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A k § LitIr Y`^ k krk � �`' fi k m .i DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT 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 Permitting Regulation 15 N.C.A.C. SB,.and other applicable laws, rules and regulations Permission is hereby granted to: Rose Creek Mine, Campground and Stables , permittee for the operation, of a gemstone mine entitled, Rose Creek Mine , permit no. 56-27 and located in Macon County, 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. r " 2 of 5 In accordance with the application for this mining permit, which is hereby approved by the Department of Natural Resources & Community Development, here- inafter referred to as the Department, and in conformity with the approved Recla- mation 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 Reclmation 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 of 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 �� �- s �-� �a. a by &Ua u4.+d..n Anr .ir1, r�fere::.^.e to tf!? nArmi.tit2d Conditions of is permit and Ur 4LLa M.Laaing ..... w��.. perm- tee 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 con- ditions 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. Conditions ine permitted Al_ll_g operation shall not vi-o uate nt-anrarra of air allalitV, z---_--, surface water quality, or ground water quality promulgated by the Environmental Management Commission. This permit shall be effective from the date of its issuance until April 19, 1988 and 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: F 1:l 3 of 5 1. Waste water discharges from this operation shall be approved by the Division of Environmental Management. 2. No air contaminants shall be emitted to the atmosphere from the operation. 3. Natural buffer zones of sufficient width to preserve the integrity of natural watercourses shall be provided along the watercourse in proximity to the affected land. 4. Adequate mechanical barriers including but not limited to diversions, earthdikes, brush barriers, silt check dams, silt retarding structures, pits, or ditches shall be provided in the initial stages of any land disturbance to prevent sediment from discharging onto adjacent surface areas or into any lake or natural watercourse in proximity to the affected land. 5. 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 offsite damage due to siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. 6. The affected land shall be graded so as to prevent collection of pools of water that are, or are likely to become, noxious, odious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 7. Excavations shall not be allowed within 300 feet of any neighboring dwelling house, school, church, hospital, commercial or industrial building, public road or other public property. 8. 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, initiation of reclamation at the earliest practicable time after completion or termination of mining and shall be completed within two years after completion or termination of mining. 9. The security which was posted pursuant to N.C.G.S. 74-54 in the form of $2,500.00 savings cent. is sufficient to cover the gemstone operation. This security must remain in force for this permit to be valid. 1 4of5 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 term of the Mining Permit. The approved plan provides; Minimum Standards As Provided B G. S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other uncon- solidated 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 N.C. Agricultural Experiment Station and the N.C. 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, initiation of 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. Conditions 1. Provided further and subject to the Reclamation Time Schedule, the planned reclamation of this site shall be backfill, grade level, smooth and revegetate the mine, flume, wastepile and stockpile areas. 2. Conditions hazardous to animal or fish life shall be prevented by directing the wastewater through settling ponds to prevent offeite siltation. 3. Method of rehabilitation of settling ponds shall be to clean out the ponds and stock the ponds with fish. 4. Collection of noxious or foul water shall be provided by providing water level control in the settling ponds and by providing drainage at non-erosive velocities for the mine area. 5 of 5. Revegetation Plan All areas shall be smoothed and an even seedbed prepared. Large rocks, limbs, etc. shall be removed. Lime and fertilizer shall be worked into the soil. Sow the seed and mulch with small grain straw. Use, the following materials. 50 lb/ac. tall fescue - 4 lb./ac. white clover 1000 lb./ac. of 10-10-10 fertilizer 4000 lb./ac. dolomitic lime 100 bales/ac. small grain straw. Maintain by yearly application of fertilizer and mow as needed. 6. Reclamation Time Schedule Reclamation shall be conducted simultaneously with mining to the extent possible. Final reclamation including grading and seeding shall be conducted - during the first planting season after completion or termination of mining. 7. No contaminants shall be dumped at the mine site. A Permit issued this the�y / �9'•�-� day of I2C.r , 197e. By Stephen G. Conrad, Director Division of Land Resources By Authority of the Secretary Of the Department of Natural Resources and Community Development DEPARTMENT OF NATURAL RESOURCSESA COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION LAND QUi I 'm" SECTION TELEPHONE LOG Sheet Date 61? County y/!/Cp-- Cell received Call placed_ 1 . Project: 20u- ln2/eY.(L 2. Conversation with: /d a/lAwwsaw 6,f1. . v 3. Content of conversation: L.�C�iXf✓ .L d'�[ /N� 44 , �. L6 t '"M A-- Rry ,.- tk s aAWAI T'7 60M4✓ri -oD TUtS Pilled uy: // — DEPARTMENT OF NATURAL RESOURCSESB COMMUNITY DEVELOPMENT LAND RESOURCES DIVISION no1l AT TTV OVrMTAW ry ✓TELEPHONE LOGjV Sheet i Date g/Z° County _ Call received ✓ Call placed_ 1. Project: Lea 4� T/` r 2. Conversation with: i 3. Content of conversation:Ll A,4, -F A- n ¢tnsce4 d4-,QAlk wo• 44".t4" A C/( - Oct;? wpdo / y/ / 4, szA2v0 py � . � a Q� � Filled by: I 1p ♦`Vow� State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street 0 Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary April 6, 1988 Director Mr. Angus C. Martinez 28 Lyle Downs Road Franklin, North Carolina 28734 RE: Rose Creek Mine Permit No. 56-27 Macon County Dear Mr. Martinez: In reference to your March 30, 1988 letter requesting renewal of Mining Permit No. 56-27 for the Rose Creek Mine in Macon County, the mining permit must first be transferred from the previous operator to you before it can be renewed pursuant to G.S. 74-51 of The Mining Act of 1971 (copy enclosed). To complete the transfer the following items must be addressed: 1). You must complete Page 2 of the application in addition to Pages 1 and 18 (original application enclosed), 2). An updated mine map must be submitted for the site outlining all existing and proposed items listed on Page 17 of the application. Also, the map must be of an appropriate scale as indicated by the guidelines at the bottom of the page. 3). A letter from the existing permittee must be submitted to this office requesting that the mining permit be transferred to you. 4). You dust submit a letter to this office stating that you wish the permit to be transferred and that you accept -any and all responsibilities and liabilities with respect to The Mining Act of 1971. This letter should also state whether or not there will be any changes made in the operation of the mine and; if Rom; wt,Ar there changes are. 5) . You must submit an acceptable performance (reclamation) bond to re2lace the existing $2,500.00 bond. The existing bond is non-transferable. The necessary guidelines and forms are enclosed for your use. P.O. Box 27687, Raleigh, North Carolina 2761l-7687 Tc1gAv me 939-7333833 An Fgual Opportunity Affirmative Action Employer Mr. Martinez April 6, 1988 Page Y Items 1-5 must he submitted in duplicate to this office for review and processing. After all of the required information has been received and is deemed complete, the transfer of the mining permit will be completed. The existing permittee will be notified by letter of the effective date of the permit transfer. You will also be sent similar notification along with a copy of the transferred permit. The permit can be renewed pending completion of the transfer. Please advise at' (919) 733-4574 if you have any questions on any of the above. Sincerely, Tracy E. Davis, E.I.T. Assistant Mining Specialist Land Quality Section TED/sl Enclosures cc: Mr. Richard Phillips, P.E. , Regional Engineer Speed LetterrA . To. K ICa�d.,�UQ lU�.,�Pns From BNhiwr•r f(ASL la'Lt� �in.(. C ?'1M'+,. � � SG �Z'�� �IZCM� ( . NMESSAGE /� y�14GC- ,(-v,si' JA�c/KC.K. 2 /vas... 6� V� FGLiGv �nX/-� /nl-D �Y f�Ny45 Y�/YlP4 Ce,. Jk IIL YL &941! 1(u e"&r5' �iP. OFF /l� Z/ /q$'o 4K. J. _k All �e�Fr�e� re,�rirrG,' . Ks Uo«� Z . G .l2f✓4006rt Q/ru /L (axe/e Q CmQilc 'Zkzj-f_ Mw,n /r 4�ew+trAAO ­4 45 .. -�P✓ RCVAgw ALO L[ JyA�'-- Date f Sl9ned�J �� REPLY `-_Il_LL N/ZY/_OA_LS .s-.a6_NA!/f_✓ _/_/2Lc0� � CJ_._�..•. _..� _�_1Jr_1 xP. .L_/._➢_. e1�e�Yw[T �O__ /_�."'lY�.,.P11.✓/LY Lti-;Q.SrJ,�s*arJev-YZ`, Ozn2vwX - , rElre.- sea r�Pi�ad. A�+i rr l✓�/�.� gZ� Date Signed WilsonJones CFMLINEFnRM44 ] PART rneas.PRINWDINU". SENDER—DETACH AND RETAIN YELLOW COPY. BEND WHITE AND PINK COPIES WITH CARBON INTACT. C<ox I �e�l_c - oC4 CTa 1 c'."kj'z sow C)-S - .! (�:i_\_�lV✓(�i�_.GO'�_V_l_J��I ,��C��l\\__U-C..ti`_�`�..J �ic\ _ v --- _ !-�2 n -- ,�sJs.o_o_�-ems--- -1 P 1 .>. ` 1 I� i �- - ----------`- i -_- ___ __-- � ____, -T- - - -___-- �____ __ ---- -- - - -- � - - - - - __ --- - �, �I QuoVEI) 1Apee APR 4 1988 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY D9411 i6wly SEC '�ON LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT /J (PLEASE PRTnT OR TYPE) 1. Name of Nine JC- Os/E' 0�e��x� � County 2. Name of Applicant 3. Permanent address for receipt of official mail. Ze L✓eAQ *Telephone 70 So(- 32y5- 4. Mine Office Address _C-L//-L'� 2973 -1 Telephone ��— �G'Y " 3224� 5. Mine Manager '!�Lvjas-- 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 T0!V Date 3- 3D- Py Print Name /4�cT/< /?29 /.v Title d L[lit/Ft�Z *The Land Quality Section should be notified of change in 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 comnlete 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 ^��DfI VED APPLICATION FOR A MINING PERMIT APR 4 1988 G. LAND ENTRY AAGREEMENTS£C7IOry 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 this Act. 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. ii i, Signature* ,�n.ti., �' ':':4—?•'�-/.� Print Name: h'il(�/15 L�. T/Nip Z . Title: I/Gffjll/cT/� Mine Company: *Signature must be the same as the individual who signed Page 1 of this application for a permit. i Return two copies of the completed application and all maps to the appropriate Land Quality Section Regional Office serving your area. (See attached list of Regional Offices) . Inquiries regarding the status of an application should be directed to the address listed on the front page of this application form. 18 S�ahr/lT�q� r State of North Carolina Department of Natural Resources and Community Development Division of land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad 91 1gRA Urector Rose Creek Mine Route 8, Box 370 Franklin, North Carolina 28734 Re: Rose Creek Mine Permit No. 56-27 Macon County Dear Sir: According to our records, your mining permit for the above referenced mine expires on April 19, 1988. G.S. 74-52 provides that the permit may be renewed at any time during the two years prior to its expiration. The standards to be applied in renewing a permit shall be the same as those for issuing a permit. . To apply for permit renewal, it is not necessary to resubmit information which has not changed since the prior application, provided the applicant states in writing that such information has not changed. I am enclosing a copy of the application form in case you wish to change the mininix or reclamation plan. Two copies of an updated mine site plan showing the area to be permitted for the' next period (up to 10 years) are required. All permits for unreclaimed sites should be renewed. Thank you for your cooperation. Very truly yours, Charles H. Gardner, C.P.G. ,P.E. Chief.; Land Quality Section CHG/TED/sl Enclosures cc: Mr. Richard Phillips, P.E. P.Q. Box 27687, Rak-0, forth Carolina 27611.7687 Tfekoww 919-733-3833 An Equal Opportunity Affirmative Actin Employer IMPORTANT ` 1 `• To Date ��� z Time tj WHILE YOU WERE OUT Phone AREA CODE NUMBER EXTEN31ON TELEPHONED PLEASE CALL 3 Av O o LVW CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED /YOUR CALL Message C. �L • Signe N. C. Dept. of Natural Resources and Community Development NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT Date 19 To; From: Remarks: ACTION �] Note and file ❑• Note, Initial and forward ❑ Note and return to me ❑ Your comments, please ❑ Note and see me about this ❑ For your Information ❑ For your approval ❑ Prepare reply for my signature ❑ Per our conversation ❑ Prepare iaformatlon for me to repay ❑ Per your request ❑ Please answer, with copy to me Return with more details 71 To be filed �w,vto State of North Carolina Department of Natural Resource and Community DevelommPmt Division of land Resources 512 North Salisbury Street a Raleigh, North Carolina 27611 James G. Martin, Governor CERTIFIED MAIL Stephen G. Conrad S. Thomas Rhodes, Secretary RETURN RECEIPT REQUESTED Director Rose Creek Mine Re, 8, Box 370 Franklin, NC 28734 Re: Delinquent 1985 Annual Reclamation Report Rose Creek Mine - permit No, 56-27 Dear Mine Dperator: As stated by the Department of Natural Resources and Community Development in Its letter dated May 2, 1986, your firm has failed to file an Annual Reclamation Report for the 1983 calendar year. This Report is required by C.S. 74-55 and Regulation No. 5B.0010 of The Mining Act of 1971 for all mines under permit whether they are active or inactive, but not released. Failure to submit the Report by February 1, 1986 is a violation of your mining permit and is subject to enforcement action. You or your firm were given until May 20, 1986, to file a late Report, thereby precluding the initiation of any such enforcement action, To date the Department has not received your Report and, therefore, is informing ynu that you are in violation of your permit, Failure to file the Report within 30 days of receipt of this notice on the enclosed form my, under authority of G.S. 74-64, result in the assessment of a civil penalty of $100.00. This assessment will accrue at the rate of $100.00 for each additional 30 day period of the continuance of this violation. Continued non-compliance may, under authority of G.S. 74-58, ultimately result in revocation of your permit. The responsibility for understanding and complying with the requirement of the Act rests upon the individuals and firms who are subject to its requirements. Do not hesitate to contact Mr. Thomas Carroll, Acting Mining Specialist, regarding any questions you may have about this matter at (919) 733-4574. Very truly yours, Srephen G. Conrad Enclosure cc: Mr. Charles H. Gardner Reeional Eneineer PQ Bow 176 ,, Raleigh, North Glolhu 17611-76 Tek*nc 91R733d033 - . . An Pgwl 0"nunlry Affei Anon Empknw � c ' 11 IMPORTANT To V ! M Date Time III WHILE YOU WERE OUT VP M I7 , Y of S Cw'1EK P- oc , M"l G'1 Phone -_70!y_- 367 — 9516� [317 _ AREA CODE NUMBER EXTENB ON TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT ��RETURNED YOUR CALL Message Njr� L410 /14 /��t .W lie ,�,1��c� Z .SC' c Cel1� : F, i� 4G Signed - N. C, Dept. of Natural Resources and Community Development NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT Date 19 To: From: Re marks: AMON ❑ Note and file Q Note, Initial and forward ❑ Note and return to me ❑ Your mmmentl, please U Note end see me aoout ihis Q For your informailon ❑ For your approval [] Prepare reply for my signature ❑ Per our conversation Q Prepare Information for me to reply Q Per your request ❑ Plesee answer, with copy to me rl Return with more details rl To be filed a,neAn DIVISION OF North Carolina Department of Natural LAND RESOURCES .w' Resources &Community Development Seephl Conrad.Director James B.Hunl,Jr..Governor James A.Summers, Secretary Telephone ale 7333833 CERTIFIED MAIL RETURNED RECEIPT REQUESTED Novevber 15, 1984 Mr. Wayne F. ➢aaeron c/o Midas Muffler 164 East Main Street Franklin, North Carolina 28734 Re: Rose Creek Mine $2,500 Savings Certificate Dear Mr. Dameron: Enclosed you will find the above certificate as you requested. i, Sincerely, Carolyn .7a n, Secretary Land Quality Section Enclosures > to Geological Survey-733 2423'.Geodetic Survey-733-3836'.Land Oualily-733 4574'.Ear n Resources Planniirl 3533. Land Resources l nlarmalion Service-733-2090 ROY.27667 Raltegn,NC276LI2657 iw.�. �Y P Savings Ceitlflcafa of Dap e♦,�� F tUnI 'p apOn IB nkIT N XoLocftll A t 11 nyq w bl Iw Franklin r DEC I� c '�� IT : 222 BO 29 819 -' IT Anes C =- sn ; .Bfl,Lte AIL- 3�0TE 1I rJ?raNclu+T-N G�291 a ' t 1 - 1 .m n l n0 2 snn . TM FELL n� M30 m tlys TO MA'OPE ON OE 13 19 u1 lVTII OIL Et NT THE INITELIF13.80 NE Hall AnI de HI I,w Latta III TEI Ead,If'he'."III mHL III....1,TO Hienteve IT ItIllin 91 date thermahar SUIT I ad,'Nat HE fm'"d, r Taml I I..... H dealt,a ' NO de Q w If t' . e. 14 •. e I NO N f:w i ( ± - - - e6 lee eiI add Ile 1H It IN y.. F I ,E mR [. I IN He lee- j y HEI - "R .� p ._.�._.c b. r� a a+ _- t rN 1 $ . . .He I - ASSIGNMENT OF SAVINGS ACCOUNT This Assignment, made and entered into the 22nd day of - April , 1982 , by and between ROSE CREEK MINE, INC. of operator Route 8 Box 370 , City of Franklin , address County of Macon , State of North Carolina, and the North Carolina Department of Natural.Resources &Community Development; and WHEREAS, the undersigned ROSE CREEK MINE INC, hereinafter referred operator to as. ^Operator"] is desirous of engaging in mining operations in the State of North Carolina and such mining operations are subject to the provisions of the Mining Act of 19719 Article 71 Chapter 74 of the General Statutes of North Carolina; and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department of Natural Resources & Community Development (hereinafter referred to as "Department") before engaging in mining operations, and NCGS 74-54 requires that a surety band in favor of the State be maintained or other security be filed with the Department, in connection with said permit; and WHEREAS, Operator has a savings account in First Union National Bank of N. C. bank at P.O. Box 229 , -City of Franklin , .aa County of Macon , State of North Carolina, Savings Account , and WHEREAS, Operator desires to assign said savings account to the Department; and WHEREAS, NCGS 74:4 authorizes the Department to accept from Oparatcr an assignment of a savings account in a North Carolina bank, in lies of a surety bond; NOW, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the undersigned Operator does hereby sell, assign, transfer, set over to the Dept. of Natural Resources & Community Development Two Thousand Five Hundred & no/100 t -2- dollars ($ 2.500:00 ) of the sums on deposit in his name in First union National Bank at P.O. Box 229 bank - address) City of Franklin County of Macon State of North Carolina, Savings Account No. and further authorizes First Union National Bank to pay over to the bank Department of Natural Resources a Community Development the above sum of Two Thousand Five .Hundred dollars ($ 2.500.00 ) out of the above money on deposit in the above account in his name. The condition of the foregoing assignment is that if the assignor Orarator conducts the mining operations faithfully, honestly, and lawral y and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adapted pursuant thereto, than this assignment shell be null and void; otherwise it shall remain in full force and effect. Compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department. This assignment is made and the Savin s .Certificate$ paesbook, deposit book, etc. ,is to be hold by Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department which may arise by reason of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This essi.gnment shall be direct authorization to First Union National Bank to pay said sum to Department on demand by Department. ROSE E MINE, NC. ay Signature operator F.Dameron,Sac.-Treas . Sworn to before me this v 9 rlcla a. Dameron, 'Frestdant day of �, 1�. Notary Public 88SSmm My Commill; mM, 01i Bplmr%"M4�. -3- ACCEPTANCE The Department of Natural Resources A Community Development, by and through the Director, Division of Land Resources, assignee herein, accepts the within assignment according to the terms and condition stated herein. This the 2e, day of ' , 19 Lz . Dir for Division of Land Resources ACKNOWLEDGEMENT Receipt of an executed copy of the foregoing Assignment of Savings Account is hereby aclmowledged this —�,�1 day of , 19 . FIRST UNION NATIONAL BANK BFIV.('- FR (L�N, NN h� November 15, 1984 ' MEMORANDUM TO: Bill Bradshaw i G FROM: Charles H. Gardner Gn SUBJECT: Rose Creek Mine -� $2,500 Certificate Please return the above certificate so that we can return it to the operator. . Thank you for your assistance. Received by Released by Date Date 1k 5 It 9 /c, DIVISION OF r r i nnin pcSOURr�c �® North Carolina Department of Natural LAND „", 44 Resources &Community Development Stephen G. Conrad,Director James B. Hunt, Jr_, Governor Joseph W. Grimsley, Secretary Telephone 919733.3833 MT= MAIL RETURN RECEIPT REQUESTED April 27, 1982 Mr. Bob J . Gorbin Assistant Vice President First Union National Bank P. 0. Box 229 Franklin, North Carolina 28734 RE: Rose Creek Mine, Incorporated $2,500.00 Savings Certificate Dear Mr. Corbin: We have received the new Certificate of Deposit for the above referenced Mine an the amount of $2,500.00 and are returning a signed copy of the assignment. 'Dank you for your prompt cooperation. Iincerely, James D. Simons, C.P.G.S., P.E. Mining Specialist LAM QUALITY SECTION JDS:pg Geological Survey Section-733.2423; Geodetic Section-733.3836: Land Quality Section-733-4574:Planning and Invimtory Section-733.3833; Land Resources fnformzuion Service-733-2000 Box 27687 Raleinh 27611-7687 Wall MN°�xsxExT April 18, 1978 MEMORANDUM TO: Bill Bradshaw FROM: Charles H. Gardner SUBJECT: Assignment of Savings Certificate from Rose Creek Mine, Inc. Attached for your safe keeping is an assignment to the Department for a $2,500.00 savings certificate from Rose Creek Mine, Inc. This assignment is made in lieu of the surety bond required by G. S. 74-54 of The Mining Act of 1971. CHG: chl Attachment Received by: CC . X Date: 4 f 1$17V First union National Sank OF NORTH CAROLINA • POST OFFICE BOX 229 • FRANKLIN, NORTH CAROLINA 28734 April 13, 1978 RECEIVED APR 111976 DIV. OF EAN i H RL:SQUkCES 6!/N@,QUALITY,GLIGTIQrV Department of Natural Resources and Community Dev. Raleigh, North Carolina ' 27600 Gentlemen: We are enclosing three copies of an assignment of savings certificate of deposit by Rose Creek Mine, Inc., along with the certificate of deposit. Please return/one copy each to Rose Creek Mine, Inc. , and our bank for our files, if other information is needed, please let us know. Sincerely, l Bob J. Corbin, Commercial Credit Officer r V 12z�- u8S i I I I I I r, I I I I ASSIGNMENT OF SAVINGS ACCOUNT This Assignment, made and entered into the 13th day of Rose Creek Mine, April , 1978 , by and between Sam d a es , of operator Route 8 Box 370 , City of Franklin , address County of Macon , State of North Carolina, and the North Carolina Department of Natural Resources & Community Development; and Rose Creek Mine, WHEREAS, the undersigned Camyar Dp. a d hereinafter referred (operator to as "Operator"] is desirous of engaging in mining operations in the State of North.Caroline and such mining operations are subject to the provisions of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolinas ;and WHEREAS, NCGS 74-50 requires that mine operators obtain a permit from the Department of Natural Resources & Community Development (hereinafter referred to as "Department") before engaging in mining operations, and NCGS 74-54 requires that a surety fond in favor of the State be maintained or other security be filed with the Department, in connection with said permit; and WHEREAS, Operator has a savings account in t' k bank at P. O. Box 229 , City o£ Franklin , address County of Macon , State of North Carolina, Savings Account No. OEM WHEREAS, Operator desires to assign said savings account to the Department; and WHEREAS, NCGS 74-54 authorizes the Department to accept from Operator an assignment of a savings account in a North Carolina bank, in lieu of a surety bond; NOW, THEREFORE, in consideration of the premises and the Department accepting an assignment of said savings account in lieu of a surety bond, the 1 undersigned Operator does hereby sell, assign, transfer, set over do the Dept. of Natural Resources & Community Development Two Thousand, Five Hundred & No/100 r �' e .. � _ 5 _ � � ♦. n .,.. _..,app=w . .. .. !. .�� � ' - �j [ !f air { .. fir., ._ .' - - n •� .: .' �` '. —2— dollars ($ 2,500.00 ) of the sums on deposit in his name in First Unio tonal Bank at P O Box 229 bank address City of Franklin County of Macon State of North Carolina, Savings Account No, and further authorizes virat ITni tional Rank to pay over to the bank Department of Natural Resources & Community Development the above sum of Two Thousand.Five Hundred & No dollars ($ 2,500.00 d out of the above money on deposit in the above account in his name, The condition of the foregoing assignment is that if the assignor Operator conducts the mining operations faithfully,. honestly, and lawfully and in compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations adopted pursuant thereto, than this assignment shall be null and void; otherwise it shall remain in full force and effect. Compliance with the requirements of the Mining Act of 1971 and applicable Rules and Regulations shall be determined by the Department. This assignment is made and. the Savings Certificate _ passbook, deposit hook, etc. is to be held by Department as collateral security for all direct or indirect liabilities of the assignor Operator to the assignee Department which may arise by reason of the Mining Act of 1971, Article 7, Chapter 74 of the General Statutes of North Carolina. This assignment shall be direct authorisation to First Union National Bank to pay said sum to ne^^�+ ^^ Asm d b.. ^,ePartment. Signature of opera ) -Sworn to before mee+thig. 1�J1ry" day of /! sbl� � n. b , 1978 Notary Public My Commissi" Expires .,. I f I I . � f I �ff � �� - I . )� 1 ' `� I '..} c -3- ACCEPTANCE The Department of Natural Resources 6 Community Development, by and through the Director, Division Of Land Resources, assignee herein, accepts the within assignment according to the term and condition stated herein.This the le44 day of 4 'D/19 7 � . Dir ctor Division Of Land Resources ACKNOWLEDGEME4T Receipt of an executed copy of the foregoing Assignment of Savings Account is hereby acknowledged this 13th day of April 1 19 78 FIRST Uul�u .".IATIONAL BANK FR II N N. Ce bank Am North Carolina Department of Natural Resources &Community Development "N James B. Hunt, Jr., Governor Howard N. Lee, Secretary 1 } April 19, 1978 Mr. Wayne F. Dameron Rose Creek Mine, Campground & Stables Route 8, Box 370 Franklin, North Carolina 28734 Dear Mr. Dameron: The Department has received your $2,500.00 assignment of a savings certificate as required by G.S. 74-54 of The Mining Act of 1971. Therefore, T am enclosing your mining permit No. 56-27 for the Rose Creek Mine in Macon County. The terms of the permit are the same as in the draft permit pre- viously sent to you. Please advise should you have any questions concerning -your permit or the requirements of The Mining Act of 1971. Sincerely, D `. James D. Simons Mining Specialist .TnS•r_hI Enclosure cc: Richard Phillips P.O. Box 27687 Raleigh, North Carolina 27611 4n Equal Opportunity Affirmative Action Employer State of North Carolina Department of Natural Resources & Community Development Division of Land Resources Land Quality Section A N N U A L R E C L A M A T I 0 N R E P O R T "The mine operetcr ahall• by Pabruaty 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." Regulation No..�5B.0010 The Mining Act of 1971 Name of Nine �OSt �A!r(y/C ////N�y Permit No. County rn J9 GQA1 Telepbone ? •S ' r 72Z Name of Company `?at e (�/�Qb GK /Nd Mailing Address Kr—A (30C 170 64ZA )e&JAI M7311 1. If mine is now inactive, indicate date of termination of mining. Date 2. Indicate new acreage affected'/Jh+y mining in last 12 months. (a) Tailings ponds %R Acres (b) Stockpiles Acres WastePiles (c) Waste Piles Acres (d) Mine Excavation f1 Acres TOTAL Yq Acres 3. Estimate the ryew acreage to be affected by mining in the next 12 months. I 4. Describe measures taken for erosion control: 1 (CONTINUED ON REVERSE SIDE) i. Indicate amount o. reclamation carried cut in last 12 morthe. (a) Tailings Ponds reclamation (c) Waste Piles Acres (b) Stockpiles r Acres (d) Mine Acres Excavation 6. Describe reclamation carried -out in last 12 months, Signature of persou''responsible for reclamation TL is Date Complete and .return to: _ 1 Land Quality Section Department of Natural Resources a Community Development P.O. Box 27687 Raleigh, North Carolina 27611 April 26, 1982 MMMA U4 10: Bill Bradshaw FROM: Charles Gardner SUBJECT: Rose Creek Mine, Incorporated $2,500.00 Savings Certificate In reference to my memo to you dated April 7, 1982, I am returning the rented savings certificate for Rose Creek Mine, Inc. for your safekeeping. Again, thank you for your assistance. CMpg Received By: _A,. p_ Yw.� Date: 5z3AP, April 26, 1982 MRIDRANDIN TO; Bill Bradshaw FROM; Charles Gardner SUBJECT: Rose Creek Mine, Incorporated $2,500.00 Savings Certificate In reference to my memo to you dated April 7, 1982, I am returning the renewed savings certificate for Rose Creek Mine, Inc. for your safekeeping. Again, thank you for your assistance. CHG:pg Received By: ` Date: �1R �i . UNIU April 22, 1982 Mr. James D. Simons , Mining Specialist N.C. Dept. of Natural Resources & Community Development Box 27687 Raleigh, N. C. 27611 Re: Rose Creek Mine, Inc. $2,500.00 Savings Certificate Dear Mr. Simons : We are returning to you 'a new Certificate of Deposit in the amount of $2,500.00 assigned by the above referenced company. We are also including three completed assignment forms asking that you please acknowledge two of them and return one to us for our files and one for Rose Creek Mine, Inc. Sincerely, BoS J. Corbin Assistant Vice President BJC/ebb encls First Union National Bank, P.O. Box 229, Franklin, North Carolina 28734 DIVISION OF ,,,A North Carolina Department of Natural LAND RESOURCES Resources &Community Development Stephen G. Conrad,Director 04 James B. Hunt, Jr„ Governor Joseph W. Grimsley, Secretary Telephone 919733.3833 CERTIFIED MAIL-RETURN RECEIPT REQUESTED April 19, 1982 Mr. Bob J . Corbin Assistant Vice President First union National Bank P. 0. Box 229 Franklin, North Carolina 28734 RE: Rose Creek Mine, Incorporated $2,500.00 Savings Certificate Dear Mr. Corbin: I am returning the above certificate of deposit as requested and enclosing a new assignment form. ried5e return after the changes have been made. j Sincerely, 'James D. Simons , C.P.G.S. , P.E. �I 1`. Mining Specialist ` LAND QUALITY SECTION JDS:pg cc: Richard Phillips �I Gr, l ;:icel Survev S,xiion-7312.423. Gn:utietic Section-733.3836: Land Qu.j}i;v S•.etio.r.-?33-•: i•t, Puaoninc ane Inverwry Suction-733-3833. I �;�aurc_5 Intcrr-8[ion Son icy?733?GnG 8t,• 27687 il,,l,_F-:- 27B1;.7687 J SEC NA4'R 5 Wz LAND QUALITY SECTION April 2, 1982 Director Division of Land Resources N.C. Dept, of Natural Resources and hand Development P.O. Box 27687 Raleigh, N. C. 27602 Dear Sirs : On April 13, 1978, Rose Creek Mine, Campground, and Stables assigned a Certificate of Deposit on our Bank to your department for the purpose of operating a mine and fullfilling the require- ments of the State. This certificate will be due on April 12th and since the depositor wishes to change it to a higher rate of interest on a 30-month maturity we will need to have the certificate in order to complete the change. Please forward the certificate along with a new assignment form so that we can have the transaction completed and assigned::to you. Upon completion we will forward the new certificate and assignment hark fnr vniir fi 1 oa --- - --_ -_ a_---. Your prompt response will be appreciated. Sincerely, J B J. Corbin Assistant Vice President BJC/ebb First Union National Bank, P.O. Box 229, Franklin, North Carolina 28734 April 7, 1982 MEMORANDUM TO: Bill Bradshaw FROM: Charles N. Gardner SUBJECT: Rose Creek Mine, Inc. $2,500 Savings Certificate ICI The above operators wishes to renew the savings certificate. Please return the certificate to this office so that we may return it to the bank. Thank you for your assistance. CNG:gf i I i ' f i State of North Carolina Department of Natural Resources S Community Development Division of Land Resources Land Quality Section A N N U A L R E C L A M A T I 0 N R E P 0 R 'f "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining, reclamation report on a form prescribed by the Department." /'� Regulation No. 5E.0010 The Mining Act of 1971 Name of Mine Ir6.C[ C.RSF/l ///i Permit Number 6/ 'Z 7 County r"JgC0N Telephone VaY- raVr LZ-76 Name of Company ?jfC OXEt/c Z. jeG _ Mailing Address aPr R 3 70 r`,enN�r< ,.j A,- C. ;287 5q 1. If mine is now inactive, indicate date of termination of mining. Date 2. Indicate new acreage affected by mining in last 12 months. (a) Tailings ponds Acres (b) Stockpiles Acres (c) Waste Files Acres (d) Mine Excavation Acres TOTAL Acres 3. Estimate the new acreage to be affected by mining in the next 12 months. 4. Describe measures taken for erosion control: 5. Indicate amount of reclamation carried out in last 12 months. (a) Tailings Ponds / Acres (c) Waste Files /�' Acres (b) Stockpiles Acres (d) Mine Excavation Acres (CONTINUED ON REVERSE SIDE) l 6. Describe reclamation carried out in last 12 months. r � Signature of person responsible for reclamation Title Date -�l�/�'� ' Complete and return to: Land Quality Section Department of Natural Resources 6 Community Development T. 0. Box 27687 Raleigh, North Carolina 27611 State of North Carolina Department of Natural Resources 6 Community Development Division of Land Resources Land Quality Section A N N U A L R E C L A M A T I O N R E P O R T "The mine operator shall, by February 1 of each year during the life of the permitted operation, and within 30 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." Regulation No. 5B.0010 The Mining Act of 101 �o Name of Mine S c- l/-�y1 eG-/C /Zl/. T Permit Number County, _ _ /yf/9 CO Telephone 45 ZY-S� Name of Company. 5?OS Cs' Of Ge"lC o0i. cF �Am�6ieod NO S%l9/i LLB S Mailing Address /CT, 4P. /S CrL 3"70 �ve.9.✓/�c.,y ✓ �'• �2e7 3 S/ 1. If mine :is now inactive, indicate date of termination of mining. Date 2. Indicate new acreage affected by mining in last 12 months. (a) Tailings ponds Acres (b) Stockpiles Acres (c) Waste Piles Acres v (d) Mine Excavation '""�— Acres TOTAL Acres 3. Estimate the new acreage to be affected by mining in the next 12 months. 4. Describe measures taken for erosion control: 5. Indicate amount of reclamation carried out in last 12 months. (a) Tailings Ponds Acres (c) Waste Piles /jam Acres (b) Stockpiles — Acres (d) Mine Excavation Acres i n"% %wgAappuu ULI a vmmp„ UA,.aj 6. Describe reclamation carried out in lest 12 months. Signature of person responsible for reclamation Title Date Complete and return to: Land Quality Section Department of Natural Resources 6 Community Development P. 0. Box 27667 Raleigh. North Carolina 27611 SLaLc: of North Carolina Department. ol. Natural Roa0urr.e8 & Comnunity Development Dlvi:arr. ol: Land Resources Land Quality Section A N N U A L R F. C L A M A T 1 0 N R E P O R T "The mine operator shall, by February 1 of each year during the life of the permitted operatior and within 10 days of completion or termination of mining on an area under permit, file with the Department a mining reclamation report on a form prescribed by the Department." Regulation No. 5R.0010 The Mining Act of 1971 Name of Mine ().c epic /J7,...rf Permit Number J—C- a 7 County__ 117f1 CS) /� Telephone Name of Company_ rC.O3 &r 0,G yd7c rio,..y' rim IF6�v a^w — flrgr3z&i lvf . Mailing Address aLl. Q' "(3 cl7L 3 ?C) / ren.vlc c.... n/. P -2D 71e/ 1. If mine is now inactive, indicate date of termination of mining. Date bc , 2. Indicate new acreage affected by mining in last 12 months. �� UP 0+� i (a) Tailings ponds Acres /17 j (b) Stockpiles _ Acres (c) Waste Piles Acres (d) Mine Excavation nlvnrw Acres TOTAL Acres 3. Estlmate the nee acreage to he affected by mining in the next 12 months. 4. Describe measures taken for erosion control: 5. Indicate amount of reclamation rurried out in last 1.2 months. r (n) 9:a 11.1nga Ponds Acres (c) Waste Piles �f Acres (b) Stuckpilos Acres (d) Mine Excavation Acres (CONTINUED ON REVERSE SIDE) 6. Describe reclamation carried out in last 12 months. ..po Z- Signature of person responsible For reclamation _ S Title v Date ?7�S Complete and return to; Land Quality Section ' Deparrmcnt of Natural Resources & Community Development RECEIVED P, D, Box 27687 Raleigh, North Carolina 27611 FEB 0619(9 NTH RESOURCES DN.of QUALM SEUT1Uk I,pNU Q .+ November 18, 1977' ! _ r' Mt., Wayne Y. DameroA r Rose Creek Mine Campground Route 8, Dox'370 Pianklii , North Carolina`28734 Dear fir. Dameron i Your application for- a ml�ing permit for the Rose Creek Mine in- Macon' County has .been approved 'by the Department. , Enclosed is a draft of• the mining.�permit as proposed by the Depart- ment 'and m form• for your use"in securing the 'required $2,500 surety bond. The terms of the draft permit were based primarily 'upon your• appli- cation. Please•review the draft and notify this .office or our'Ashev►ill,e office 'if you have any questions or objections to the permit as"drafted.; ' dthetwice,' ,the final permit",will be worded •as drafted and issued upon receipt'of'•the required surety bond. G. S...`74-54 of, The Mining. Act -of 1971- provides that in lieu ,of the surety'bond 'the` operator may subatituts 'an assignment of a savings 'accouAt in a.North Carolina bank, a mortgage'"of real-property, cash dsposit,:' ot'• negotiable securities. Please advise if you •wish to pursue ope 'of these alternatives so that we can send gou' ths proper form. �. Failure to submit a surety within 60 days of approval of fthe'appli- cation may cause your application to become void. Please advise should you have any questions''conceraing this matter:. Sincerely. " , James 'D. Simons' Mining Specialist ' JDS",ch1 F. . Enclosure .. ,AAA �•. 16LJ77A.Mw �� - f3 a - y ti4� •A'4liai%i sLLiiiiFiQ Wf{+n�t'• ' • r - .f \'• WSJ.- r. _ �i7113i: '1 ' Ill'3la tl fl - . t, • ,.} y ;,• _ rf I".ty'W . tl� Cl.f. '�r»'f.11, �;...t Pf L . . I ,s. + .lr f• -' r', '�_�•,�» .. + ,• - a.7._..1� -`f:.'' r��' 'yf '7�Ft�. '1 +' 3r_ I{ .. y f. .A• ._+'1 Y1 ru i�. :h•� ♦ •� •i.>.`.a� ir:' (� }}•�:' � aFi.� - f� .i,. •_ a.. Y .ti�wl'.�, n .. ' - :; :Z�„ '�i:l :4.1 y.i F' [r • .. 1 el.:l - . ' ,y ,I"I•,d.rl.i 'r„ ',yy .'r3 .. t. r fY ! •«1�,:..� - ' ` � 'r'+' '{]'.L'�, t.Y �•,_� t..� !. .w..,,_w. `i+"' i _ �.���a.f�a.C,,i 1 '}' it.�g , -lt �4 -•f i,r, fT. . .. ;.- ^4J .0 : • .i+ . Ga.As% `.v GI Aj 4, _f _ t,n, tf b is Tot 4 gg , A t.:,`;; 0 'F. wr�4f '�rf.� _n' .-�4j y '�. ' y •.. . .� r�. 1-.i,. +y; •f-.i:=�i:f"; i I'''a-d...1�4a'. t�.'+ . .r "rwl y�� •�•_! !u- , - `'fix Y;! ' :r�' ti''i' id r,`, Irk: c�„.�i$dyf0"1'p- ,.1--�:� _!: >`3�r.••'i' 'x;f..'•. :.! �'..1�!.+Yj �Y.f•,f . _l�tr'-' N� s'.i. • , ' _�s_i i� ,.n �.� _sir-a.. - �,i [ ��..,1Y •1'� 1' i t....��:µ ": ��+�! -. ,. _!,•�. «a 1.1 :,4-5' �i:L, .1 .. '`" •r.w'f.7 . j;d: ''1 .may .1 .9'l�' +11 ::„ - .-'.•� - .f �. :'r74�,��_fF�.<' ,,.r. h' L' �.5.f.. ',ram iry f�J 0, 1��: .. �I I ,3_,1 ;t- G 40, 4:i :wf ., iV. wit ,-t_Q Y. r4q-i6Cf " - �''�'41'"r-..: f'.'_ ,, 4, �1: :'::; 3'fti`' , -„t'�.F � -•"f31. "4{•rtc .'tI'�,.. 7i(:'+.:f$i? .:t'�-•. _ `t4 , Y . p o V g I /J State of North Carolina Department of Natural and Economic Resources Office of Earth Resources Mining Division Application for a Mining Permit G. S. 74.50 of the General Statutes of North Carolina , 'The Mining Act of 1971!'. . After July 1 , 1972, no operator shall engage in mining without having first obtained from the Department an operating permit which covers the affected land and which has not terminated, been revoked, been suspended for the period in question, or otherwise become invalid. 1. Name of Mine Rose Creek Mine County Macon 2. Name of Company Rose Creek Mine . Campground, and Stables. 3. Home Office Address Rt. # ,Q, ns./ 37y Franklin N.C. 28734 4. Permanent address for receipt of official mail Same as above Telephone 524-5726 5. Mine Office. Address Same as above Telephone 524-5726 6. Mine Manager Wayne F. Dameron We hereby certify that all details contained in this Permit Applica- tion are true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause foor�pe vocation. *Signature Title r ge/Z/g1 . Dace *Signature of company officer required. APPLICATION FOR A MINING PERMIT A, General Characteristics of Mine. 1. Total acreage at site for which permit is requested: Acres owned 44 Acres leased 0 2. Materials mined: Semi-precious stones 3. Mining method: Hydraulic Dredge Underground n Shovel and Truck Dragline and Truck Self- Loading Scraper Other 4, Present depth of mine 15 5. Expected maximum depth of mine 15 6. Area of previous activity: (Identify these areas on your mine map. ) a. Area of previously affected land at present site that is inactive as of July 1, 1972: a acre b. Acres previously reclaimed at present site None B, Determination of Affected Acreage and Bond. 1. Number of years for which permit is requested 10 (10 years maximum) . 2. Total affected acreage: a. Area used for tailing ponds 3/4 acres b. Area used for stockpiles 1/10 acres i c. Area used for waste piles + acres d. Area used for processing plants 1/10 acres e. Area of active mine excavation as of July 1, 1972 3 acres f. Estimate annual acreage of new land disturbe_1 by I mining ° S. Estimate total land disturbed by mining that is subject to reclamation by multiplying Item 2`. by 3= 3/4 acres TOTAL Or 2a through 2g 9.7 acres APPLICATION FOR A MINING PERMIT 3. Check acreage to be bonded: Total affected acreage figure from B, 2 equals acreage to be bonded. 0 - 4.99 acres ($ 2,500 bond) 177 5 - 9.99 acres ($ 5,000 bond) 10 - 24.99 acres ($12,500 bond) 25+ acres ($25,000 bond) 4. Will your company file a blanket bond covering all of its mining operations in North Carolina ; Yes 1j Ila j- Check the amount of blanket bond: $2,500 $12,500 $5,000 $25,000 C. Protection of Natural Resources 1. What aspect of your mining operation may have significant effect on wild- life, or freshwater, estuarine or marine fisheries? 2. Is there a waste water discharge from your plant or mine? Yes ® No If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural and Economic Resources. Expiration Date b. Is there an air contaminant emission from your mine or plant? Ye s L_--_; No If yes, indicate the approval document number issued by the Office of Water and Air Resources, Department of Natural and Economic Resources. Expiration Date -2- APPLICATION FOR A MINING PERMIT 3. If your mining excavation will come within 300 feet of any neighboring dwelling house, school, church, hospital, commercial or industrial building, public building or public road, describe methods to prevent physical hazard to such features. Will not come within 300 ft. 4. Describe measures to be taken to insure against (1) substantial deposits of sediment in stream beds or lakes, (2) landslides, (3) acid water Y pollution. (1) Sediment ponds will be constructed and used to settle out sediment. Areas not in use will he WAnt in araGc to prevan+. cedimaan+, (2) No possibility of landslides. (3) None will be present. -3- 4 Reclamation Plan 1. Describe your intended plan for the reclamation and subsequent use of all sifected Lanus anu indicate the general methods to be used in reclaiming this land,. Ponds created by excavation or for sediment traps will be cleaned out or otherwise improved, stocked with fish, and managed. Spoil or excess soil will be smoothed over the site and established to pasture grass. All bare areas will be established to grass. Methods used to reclaim this land will be: Necessary work with backhoe, dozer, and tractor. Reclamation Plan 2. Indicate what practices you will take to protect adjacent surface resources. Silt laden water will be diverted into a series of sediment ponds and then back into the creek. No other practives will endanger adjacent surface resources. 3, State the method of prevention or elimination of conditions that will be hazardous to animal or fish life in or adjacent to the affected areas :, All sediment will be settled out of the water before returning it to the creek. No hazards exist to animal life. 4. Describe provisions for safety to persons and to adjoining property in all excavations in rock. No excavations in rock. 5. Describe plans, if any, for screening operations from public view. None needed. b. State the method of rehabilitation of settling ponds if to be reclaimed during the life of the permit. Ponds will be kept cleaned out so they will function correctly as sediment baSiiiS, SeuimenL wili be spread and seeded. -2- Reclamation Plan 7. State .the method of control of contaminants and disposal .of mining refuse: No contaminants and little mining refuse will be created. What little mining refuse (gravel) that will be created will be used on roads or nnr1,4r,� ors.,., 8. Indicate the method of restoration or establishment of stream channels and stream beds to a condition minimizing erosion, siltation and other pollution : None needed. 9. Describe provisions for prevention of noxious, odious or foul water collecting or remaining in mined areas. All areas will be drained with open ditches. 10. Describe how the surface gradient in unconsolidated materials will be re- stored to a condition suitable for the proposed subsequent use of the land after reclamation is completed and proposed method of accomplishment : All areas will be graded level. -3- Reclamation Plan 11. Describe your plan for revegetation or other surface treatment of. the affected areas. Note requirement of. Regulation Number 1.. 6W All areas wi}r be smoothed and an even seedbed prepared. Large rocks, dhn11 SW( limbs, etc.�wrY1 be removed. Lime and fertilizeriUM be worked into the soil. Sow the seed and mulch with small grain straw. Use the following materials. 50 lb/ac, tall fescue 4 lb./ac. white clover 1000 lb./ac. of 10-10-10 fertilizer 4000 lb/ac. dolomitic lime 100 bales/ac. small grain straw. Maintain by yearly application of fertilizer and mow as needed. ISediment ponds will be cleaned out (before seeding) to be used for fishing and scenery. Landscape as desired. Revegetation and/or reforestation plan approved by: W Signature - C.- Title )Chairman Agency Macon Soil & Water Conaervation District Date 8-22-77 -4- Reclamation Plan 12. Provide a time schedule that meets the requirements of G. S. 74-53. immediatel- after the mine is closed, the area ill be graded and established to grass. This will be done during the grass planting seasonss and according to previous specifications. 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 this Act, so long as the Department or its appointed representatives are accompanied by an agent or representative of our Company. 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 my 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 Section 14. *Signed zt� - Title Mine /.•1'rze n�...�_//7...-..., p pp > _ Company ..�..� //�, .Lx, ..!"•✓lc�4i *Signature should be the same, as the officer who signed the application for a permit. Maps 1. Two copies of the county highway maps and two copies of mine maps should be submitted with each permit application. County highway maps may be obtained from: LUCBLlLocation Department State Highway Commission Raleigh, North Carolina 27602 Mans For Rauh r_ounty are available for 50. 15 each plus 4% sales tax. Make checks payable to the North Carolina State Highway Commission. Mark clearly the location of your mining operation on the county highway maps. 2. Mine maps should be accurate drawings, aerial photographs or enlarged topo- graphic maps of the mine area and of a scale sufficient to clearly show the following: a. Property lines or affected area of mining operation b. Outline of pits C. Outline of stockpile areas d. Outline of overburden disposal areas e. Location of processing plants (processing plants may be described as to location and distance from mine if sufficiently far removed) f. Location and name of streams and lakes o_ 01itlinc. of settling nnnrls h. Location of access roads i. Map legend 1 . Name of company 2. Name of mine 3. North arrow 4. County 5.. Scale 6. Date prepared 7. Name and title of person preparing map The mine maps should be correlated with the reclamation plan. The approximate areas to be mined during the life of the permit should be clearly marked. If reclamation is to be'accomplished concurrently with mining then show seg- ments that are to be mined and reclaimed during each year of the permit . Add drawings showing typical sections or cross sections and layout of proposed reclamation where such drawings will assist in describing your reclamation, L4'6u:: T ° 3 -Wi 'k`"Fst n5 W k' 4 .�` R :i• YW��� m RTY� � �RY DEPARTMENT€9E ACRIULTUPE s �N SEfl lffigb i45'kl . �e iltiA $fDi&E+iII tv`R '9PJ .^'. "ui .w ius3' it i° .� yrz� �s a' .,:L.:rs: �; :M k 's� ft ra„ � r ac " §. }v: m :n SIc '.e�� t ,. w.Y ' {,t}� Y h('>6u fir& fib 6LW �'R � ISY+ 'S vn AJ YS � Ss,@i APAIA @�8 RA^� rP'et YLSq y'rs"� -IrvMM ;� "Mr.y vMMMO . + gn'l;FXjg�r �U'iig'r 9shs}M Sy£_ M: a x E,xrx : '•+#e �:# l:rh "�,'"�. .�':y"'u `Yf,'"',rY"us.: ." `tl�` -:,.,:.� xm#: v'u't''"ai :r'�"#'T T �: �"'" rt '.I H j TI" N'tk '` �Yn M Y".�";: �� ""� Wk?• s..?'"��.I ""_ tv yo ".:�:tr,T,�;u�,N#s e :.` �_ "°F��? Nrarv. wNs Mri ' .�:: #as uL if V 00 3 Pit it ✓ 4VA iz� I A�4, If IL North Carolina Department of Environment and Natural Resources, Division of Land Resources, Land Quality Section MINE INSPECTION REPORT (PERMITTED MINE) 1. MINE NAME ?Dc !'f2P."tr`.(c. M//1.1L 2, MINING PERMIT # _ 3. OPERATOR ' . 15. 4. COUNTYILI r Q;gA _. 5. ADDRESS //C T.�/2�/� /SZ�2lYA-1KG-f!j A-,"_2�3�y 6. PERMIT EXPIRATION DATE 7. RIVER BASIN L....T 8. Person(s) contacted at site 9. Was mine operating at time of inspection? V!'Yes ❑ No 10. Pictures? O Yes 9?No 11. Date last inspected: 6 / 3 /n 12. Any mining since last inspection? 420Yes ❑ No 13. Is the mine in compliance with the Operating Conditions of the Permit? 40 Yes ❑ No If no, explain: A . n 4a ttle -..:..V III ......._r..,....e ..da. .r.e ne..t,„,e.:..., r,..,a:.:,...� ..r.xe ue.»,:w n vee n u,. If no, explain: "- 4 /, . .. A 04 4cfpz. . 15. Did any of the above deficiencies result in offsite damage? ❑ Yes t Hm yGelesarila.the type and severity of the damage: l6 Corrective measures needed and/or taken: e. .d A4 fit'. 17. Other recommendations and comments:') 18. Is the Annual Reclamation Report +/-map accurate? ❑ Yes ❑ No (Explain) ❑ Not Reviewed /9.16n Li rlv%�,rra,5 nt. a LrI. ./.rs�1're. �i•u,:., ��.rn.in- �/'2 r 19. Follow-up inspection needed? ❑ Yes eNo Proposed date /—F- 20. No. of additional pages of Inspection Report_ 21. Copy of Report sent to operate / / / } (date) INSPECTED BY, 1,46 Jl/�bl-�' :�. ",sk'SG DATE jy�177J v — Telephone No: White copy to fife Yellow copy to operator Pink copy to Mining Specialist 10197 d /