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20060221_Application
June 21, 2007 MEMORANDUM TO: File FROM: Brenda M. Harris, Secretary SUBJECT: Notice of Issuance of Mining Permit A copy of the attached "Notice of Issuance of Mining Permit" was sent to all people listed in the Affidavit of Notification and any additional people who sent in letters. If a public hearing was held, a copy of the "Notice of Issuance of Mining Permit"was sent to all people who signed the sign in sheet at the public hearing. My initials, written in red, will be beside the names of the people in the file who were sent this "Notice". Cc: Mr. Pat McClain NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 7 1. Name of Mine W/�C Ag.LT J Ai-) ztA/F County 10 7T River Basin��Latitude (dd.mm.ss) 35.37, /3o Longitude (dd.mm.ss) 2. Name of Applicant* SoN �y to�! W/✓i7E.�ie CST 3. Permanent address for receipt of official mail** c90Z EC(/CL11/6— LAw E:vt/W e l" 278.74 Telephone 4. Mine Office Address 90 2 /�E�1/GL fd� hANc G2EC�lG�>GGC�/V� C. 'Z7g 3't . �' / Telephone 2�Z- 7SL-82�7' 5. Mine Manager .l uh tckil 4;San/ A i it-s-ll fj-7 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. ***Signatur Date CO��</2pV Print Name Title ealyiVEX * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or,if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach ad itional shects as needed RECEIVED JUN 2 2007 LAND QUALITY SECTIOM 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. LANDO"E APPLICANT: Signature: 'gnature: Print Name: A07r/kiT7 Print Name: J—,1ta—,b /V A,f /4/&/j7=7//c ,U-r Address: 16CVCQ1,(Cr &6' Title: ©L•��/Fl �Cc�Chrdr ,AIC 2,78F 34- Company: CARL r Telephone: -7, L-- 7,s'z--$Z- Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. Six(6) copies of the completed application,six(6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Oualitv Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -18- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine�"-rEAAR T J 4 -) 4iNF County l JTT River Basin-7-4� _Latitude (dd.mm.ss) 35.37, /3o Longitude (dd.mm.ss) 2. Name of Applicant* �-re,& o�! W/✓iyE.t/y<sT 3. Permanent address for receipt of official mail** OOZ 'CVCL/NG LA.v£ .74 Telephone Z S Z- `/ Z- A Z 74 4. Mine Office Address 90 2 E'C yCL i.✓G LAa'C G2E�nldiGGC�/L/� C , 27£33'f Telephone ZS Z- 7S -9 Z7+ 5. Mine Manager J Uri tnn/ /s/San/ /{�iT�/YNQfT 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 �//9/007 Print Name ten/ T 7 Title o141AIE% * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all re aired maps provided before this application can be considered complete. Attach additio:r v ee d. -�- R JUN z tout LAND QUALITY SECTION 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: Signature: tj na e:* -Z Print Name: k k7W w j7- Print Name: =X Scmy Address: 16CVCZJ-A(C,- Title: OL✓W k JeEciydil,(16,,/!�G' Z783�- Company: A114 61,orolICAOLE) Telephone: Zj'Z, 7.J '2--8Z'7 Mine Name: Q,ST *Signature must be the same as the individual who signed Page 1 of this application. Six(6) copies of the completed application,six (6) copies of all location mans, mine maps and reclamation mans,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919)733-4574. -18- NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine f/i7'£•kg fT A - i vF County j!77 River BasinL_Latitude (dd.mm.ss) 3S. 7, /3o Longitude (dd.mm.ss) U 2. Name of Applicant* - a Son/ y io�! Wi�i7EweCST 3. Permanent address for receipt of official mail** B02_ WCC I/C4IMG/ LANE e! CEayliiae i(C ZN.74 Telephone 2 $�Z- 7�Z — 8 2-71 4. Mine Office Address c9O 2 ]FrC yr-L i.y,5: 44&C ?-7£33`f Telephone 5. Mine Manager 7-:-440 f% 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 jo- E&A?4 Date 61/0c//G00 7 Print Name / - �i Title e>41AICR * 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 per 6O Slay of receipt of a c application or,if a public hearing is held, within 30 days fo oinlete il erfilel V1Te fil ng of any supplemental information required by the Department. All questions must be a and all requi ed maps provided before this application can be considered complete. Attach a di Tonal s tWeeded. �Np p�AU� 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. LANDOWNFA: APPLICANT: Signature: Signature:* Print Name: k ail Nil ' 1`T Print Name: l aalm � �T_-'l�(c�►�,t'T If Address: 6C Cl.1 G Al E' Title: OL✓/il �. C CNdrLc-�',/�C' ?S 3 Company: Telephone: -ZS Z-- Zj-'Z---S7-7 4- Mine Name: *Signature must be the same as the individual who signed Page 1 of this application. Six(6) copies of the completed application, six(6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Quality Section Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at (919) 733-4574. -18- TRANSMISSION VERIFICATION REPORT TIME : 06/14/2007 10:22 NAME : NC DENR DLR FAX : 9197158801 TEL : 9197333833 SER.# DATE,TIME 06/14 10:19 FAX NO./NAME 912527584900 DURATION 00:02:11 PAGE(S) 05 RESULT OK MODE STANDARD ECM N a n T M C A ft -1 1. f V A Oon. WON 'JiL Li • N C! b N A fA North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: 76*(8 r'"T`6 0 To: Of: From: RE: Date: COMMENTS: 1 �- *IF YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US IMMEDIATELY AT(919)733-4574. MINING CHECKLIST FOR ROUTING Applicant's Name:64tdsr, T 1A): 1, 4m A'K Project Name: Applic./Permit No.: County: Date Received: "7 r. Reviewer: River Basin Name: ,L�n, . 1 (New ❑Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside p\er�it boundaries) ❑Transfer ❑Release ❑Partial Release �i Additional Information ❑Fee Needed: $ ❑Fee Received: Ii Please route entire al2plication package � Regional Office (2 complete copies; attach the "LQ5 Regional Office Mining Application Review Checklist"to one copy and attach ktb the DWQ and DAQ "Mining Application Review Form"to the other copy; send both copie to the Regional Engineer) Date: Routed � Reed ❑Division of Water Resources Date: Routed Reecl ❑NC Wildlife Resources Commi55ion Date: Routed Reed ❑ U5 Fish &Wildlife Service Date: Routed Reed (Only new applications and modification requests that add land to the permit) Please route first 3 page5 of the al2plication and any location maps to: ❑Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological 5urvey 5ection Date: Routed Fcc'd (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Rec'd "5uopenSe Date for Comments: _ (no later than 25 days from receipt) `g3 0 Please note the following: 04/041,2087 15: 11 9/-97158801 Hr D[hR DLr PAGE 81 NCDENR North Carolina Department of Environment and Natural Resources Division of-Land Resources Land Quality Section James D. Simons,PG, PE Michael F. Easley,Govemor Cirector and Slate Geologist denaep-ym%'� William G. Ross Jr.,Secretary Certified Mail M Tc,o231 900"1 Return Receipt Requested 7002 3150 0003 7053 2530 Mr. Judson Whitehurst �CF"'ED 802 RecyclingLane Greenville, NC .27834 2001 MA 15 RE: Whitehurst Sand Mine Pitt County ECT LAND QU _> ION Tar-Pamlico River Basin �----- Dear Mr. Whitehurst: We have reviewed the additional information submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please provide this office with a copy of the certified mail return receipts For the notification mailed to adjoining property owners. Specifically, needed are Marty Dean Warren and Lillian Harris Warren, labeled as #2 through #4 on the map submitted, last revised January 4, 2007. 2. The reclamation bond has been previously calculated using the information submitted in the application. The reclamation bond for this site would be $41,300.00. The new bond will be required prior to approval of this application request. 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. For your convenience, I have enclosed a bond form, an assignment of a saving account form and irrevocable standby letter of credit form for your use in securing the rs equired bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Judson T. Whitehurst, In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 1612 Mail Service Center, Raleigh, North Carolina 27099.1612 • 919.733-4574/FAX: 919-715-8801 512 North Salisbury Street,Raleigh, North Carolina 27604 An Equa!Opportvnity 1 AUlrmalivs Adion Emptoyet-50%Reoyded t 10%Post Consumer Paper 04I04i 2007 15:11 9187158891 NC DENR DLR PAVE ©Z 'Mr.Whitehurst �✓ Page 2 In order to complete the processing of your application, please forward two (2) copies of the requested information and the o i inai bond to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Naturdl Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently In the Depallment's files at the end of the 184-day period. Though the preceding statement cites the maximum tune limit for y©ur response, we encourage you to provide the additional information requested by this letter as soon as posslbie. 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, ristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Pat McClain, PE Mr. Danny Taylor, PE- 3536 Sheppard Mill Road, Stokes, NC 27834 SECTIONCOMPLETE THIS . SENDER:COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also completeCl A. Signet Agent item 4 if Restricted Delivery is desired. i :,�� ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. Received y Pn ed Name) C at of Dell ry ■ Attach this card to the back of the mailpiece, /I VL IV I (1Ur or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. ^Article Addressed to: If YES,enter delivery address below: ❑No 3. Se ce Type `C�'7 Certified Mall ❑Express Mail C/Jc AD C )Ty I dC- �J✓ / ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) Ves 2. Article Number 7006 2760 0003 4254 4417 (rmnsfer from service..'. 201kt Domestic Return Receipt 102595-02-M-1540 PS Form 3811,February COMPLETE . ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature T,= item 4 if Restricted Delivery is desired. Xsee■ Print your name and address on the reverse so that we can return the card to you. B. Recalved by Prt Name) C MDlive s■ Attach this card to the back of the mailpiece, �, a) C or on the front if space permits. D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: ,,/ If YES,enter delivery address below: ❑No MY, d• MV5• Pa n�/mil/ /l . 65-85 vsIU4?L- 1 E ¢ G-/ie etiy i f f - / N C 2-'78% ( 3. Se ce Type ,fCertffied Mall ❑Express Mail Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7004 1350 0001 4558 3585 102595-02-M-1540 PS Form 3811,February 2004 Domestic ReturnReceipt low 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 bmfy 2, 28eR6® William G. Ross Jr.,Secretary Mw t- "a?3, a0o7 Certified Mail Return Receipt Requested - 7002 3150 0003 7053 2530 Mr. Judson T. Whitehurst ��p t 802 Recycling Lane �� o — Ll9OU Greenville, NC 27834 RE: Whitehurst Sand Mine Pitt County Tar-Pamlico River Basin Dear Mr. Whitehurst: We have reviewed the additional information submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please provide this office with a copy of the certified mail return receipts For the notification mailed to adjoining property owners. Specifically, needed are Marty Dean Warren and Lillian Harris Warren, labeled as #2 through #4 on the map submitted, last revised January 4, 2007. 2. The reclamation bond has been previously calculated using the information submitted in the application. The reclamation bond for this site would be $41,300.00. The new bond will be required prior to approval of this application request. 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. For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Judson T. Whitehurst. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. 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 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Mr. Whitehurst Page 2 In order to complete the processing of your application, please forward two (2) copies of the requested information and the on final 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 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, u Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms cc: Mr. Pat McClain, PE Mr. Danny Taylor, PE - 3536 Sheppard Mill Road, Stokes, NC 27834 3/ia/c7 APR 0 4 MINING PERM�4WAPPLICATION REVIEW FORM I L110 u�UAU i Y SECTiO,v I D for the RECEIVE DIVISION OF WATER QUALITY MAR 12 20007 Project/Number� t v ijAly: l Please return comments back to: /&#AAw �G�J Comments due by: 3zole / Will the operation, as propose), violate standards of water quality? O Comments: r OF Watershed/Stream Name & Classification:— ZA, P /Gv / � / ��!✓ .� 6'`9y, YES NO NPDES permit required �G NPDES permit existing (Permit # ) t/ Nondischarge permit required Nondischarge permit existing (Permit# ) Wetlands disturbed 1� 401 Wetland Cert. required 401 Wetland Cert. existing (Permit # ) Reviewed by: Date:3/ M -) Print Name: I lvww ��t 09/2005 Central Office Reviewer: LA , f DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 1, 2007 CMAR jvrD 200IMEMORANDUM SECTION TO: Kristin Hicklin Assistant Mining Specialist FROM: Richard Peed ,/�/ Washington Regional Office RE: Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County Tar-Pamlico River Basin The information submitted in response to the request for additional information letter dated January 2, 2007 has been reviewed with the following comments: 1. Green cards not provided but confirmation receipts from the USPS were provided. Is this acceptable? 0.K . , 'h�, 2. The map submitted appears to adequately address our concerns. 3. Access/haul road is illustrated on the mine map to be 40 feet in total width in the areas crossing the buffer as requested. If we can be of any further assistance please advise. .� . .. ��1 .i< 1.(. <:tt t'i:it'.,1, i`'•.i t..:J tl(.. 1,, li. � 1.. .. }t1:f";_� -��2• j '.r r�} '< � f �•t�,�/ .�T,i �t_�'�. 1 t �l l.:�:.F S -t��l �:..�. 1...:... - cf,t. ti �4 .�_ .. e._ .� j! ���. i• ''_.i j.f�. t f.ti 1., rF�:�:', �� Z'c / .i:•�i;. �,. .. ..i.. _� _iidi�1;'a��.... �..' .—. ! .... � 'l i ii�: :t' i!_ ?f` ' .� .. r,i 1..S lt.+ -��i.�f, t ;�t'. .. l .. . 1 f r 1• C f Tf .. .... l� _ ! - - !:. . .... �1 ri3 ief fi i• t:fi r -r.It 1, 1?! •l;%•l1� -:1, pit 1L�J��r't !'�`�'.i�.� �t>. -.T::. S l'. 1. l :.� - l���� (115%.l i _� ..��•i:tit!• � µa1= �t • �1 . ♦. - :. l.,.,.�-_ ,a.i _<.: — __ >.. ». .. ,.�`�' .. t• '= J i � •�t. tf .. ' - _. - �`W MINING CHECKLI5T FOR ROUTING, Applicant's Name: 3'k�SM •�� V I'V`' P, roject Name: ICI Applic./Permit No.: + County i- L Date Received: Reviewer i"v River Basin Name: ( CtV - �CLw, ❑New ❑Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Release ditional Information ❑Fee Needed: $ ❑Fee Received: $ Please route entire application package to: _ �)'L Regional Office (2 complete copies;attach the"LQS Regional ce Mining Application Review Checklist"to one copy and attach 1?olb the DWQ and PAQ "Mining Application Review Form"to the other copy; send both copier,to the Regional Engineer) Date: Routed Rec'd ❑Division of Water Resources Date: Routed Reed ❑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 5 pages of the application and any location maps to: ❑Division of Parks & Recreation Date: Routed Rec'd ❑NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑Division of Archives & History Date: Routed Reed (Only new applications) ❑Other. Date: Routed Rec'd **5uopenee Date for Comments: (no later than 25days from receipt) _ I u Please note the following: lJC- D �N� G h`�l O �esoyvc�s L41t. / (- lZ ivr4 ,' l S=�v ce �Gl�l� i lil s• � c K. I,•� . Yoh G4ye 7G-3T- s . RECEIVED LAND QUALITY SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A Signature Item 4 If Restricted Delivery is desired.■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. - Addressee ■ Attach this card to the back of the mallpiece, B. Received y PA Name) - C DDat of D livery or on the front If space permits. N ..Q 1. Article Addressed to: D. Is delivery address different from Item 17 ❑Yea If YES,enter delivery address below: ❑No GV�e y;l n A/C V8.1- f 3. Se celype Certlged Mall ❑Express Nell Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. ReaVicted Delivery!(eft Fes) ❑Yes 7004 1350 0001 4558 3585 PS Form 3811,February 2004 Domestic Return Receipt 702595-02-M-1500 Jl/08f2001 Ie: 41 NC PEW. 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Detail Item Origin Destination Firm Recipient Event/Image g p Info Date Time Self Archived 70051820000365934016 27884 DELIVERED 04/06/2006 14:43 Request Delivery Record for Selected Items r Enter Request Type and Item Number: Quick Search '4 Extensive Search ii s Submit Version 1.0 Inquire on multiple Items. Go to the Product Tracking System Home Page. IIs� http://Pts.usps.gov/ptsAabellnquiry.do 1/18/2007 , Track/Confirm - Intranet Item Inquiry Item Number: 7005 1820 0003 6593 4085 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select" column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image Info Date Time Sele Archived 70051820000365934085 27834 BRANSLEY DELIVERED 03/16/2006 08:49 Request Delivery Record for Selected Items 7 5 Enter Request Type and Item Number: s, Quick Search ,o, Extensive Search L>}l nc li$n of('ilf Y '!t l Exlcmiv ` ca ........ .... ..... Submit s Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/pts/labelInquiry.do 1/18/2007 l IIOld VUUIy - Ill ll<IIIOL - ILALCUMVO OCW1 J5 rQ�c 1 Ul I i Track/Confirm - Intranet Item Inquiry Item Number: 7005 1820 0003 6593 3989 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select" column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image Info Date Time Sell Archived 70051820000365933989 27834 DELIVERED 03/16/2006 15:18 [.. Request Delivery Record for Selected Items 3 Enter Request Type and Item Number: Quick Search o, Extensive Search 5 t_�.t,l.snalfcn of Gina h', =3:t i i=x[en^a� �aaren�i�, i Submit 3 NHSH:i%rv%"+::isiiiiivi:>iiiirvi%ii�Yii/'!n"roriinNY.ii:.%roHxiiii" 'Niti::a'erv"bi'NiY.:i%/w.niiii�y...•.•.•hmw.iii Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Paae. CIL ', FJ a ' �'rS1n?ir htip://pts.usps.gov/pts/labellnquiry.do 1/18/2007 f� Track/Confirm - Intranet Item Inquiry Item Number: 7005 1820 0003 6593 4009 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select" column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image Info Date Time Selo Archived 70051820000365934009 27889 DELIVERED 03/17/2006 14:19 Request Delivery Record for Selected Items- .................. Enter Request Type and Item Number: Quick Search ,q, Extensive Search L:#i tatiGtt of(53u I ;ond CKtertstw 3 Submit ; Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page. tit ; FIB 2007 % http://pts.uspsgov/pts/label iiiqui fy.do 1/18/2007 .�.....,. .�.. .....,. ra He I O1 i y Track/Confirm - Intranet Item Inquiry Item Number: 7005 1820 0003 6593 4030 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select" column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image 9 p Info Date Time Seh Archived 70051820000365934030 27834 DELIVERED 03/16/2006 15:10 Request Delivery Record for Selected Items Enter Request Type and Item Number: s Quick Search o Extensive Search Lr{ Ions lien of 01m,-*all,{ L KtC- t C sl Cljs 1 Submit h 7 s "iiiiii. ' ii.x"✓vi)t-.�i�yxi%M'H'm'vriMin'h Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page, 4 r L.LsLP http://pts.usps.gov/pts/labelInquify.do 1/18/2007 rasp . v. Track/Confirm - Intranet Item Inquiry Item Number: 7005 1820 0003 6593 4078 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select' column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image Date Time Selt Info Archived 70051820000365934078 27893 DELIVERED 03/16/2006 12:00 Request Delivery Record for Selected Items h Enter Request Type and Item Number: Quick Search ,o Extensive Search if=�r�aiariatl>{ri of�t€fi~k�nd�t �€>�x�t€t�fct�: Submit s Version 1.0 Inquire on multiple Items. Go to the Product Tracking System Home Paoe. http://pts.usps.gov/pts/labelingLiiry.do 1/18/2007 rage 1 ul I Itr - '! Ta i6 Track/Confirm - Intranet Item Inquiry Item Number: 7005 1820 0003 6593 4023 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select" column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image g p Info Date Time Sel( Archived 70051820000365934023 27889 DELIVERED 03/20/2006 13:00 Request Delivery Record for Selected Items .... ........... ..._. Enter Request Type and Item Number: "s Quick Search ,o, Extensive Search Lni I n�ti n Of C ui i `,CafGhl , t Submit_ _ s Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page. http://PtS.uSpS.gov/pts/labellnquiry.do 1/18/2007 1 Q�G 1 VI 1 i '! 1 Track/Confirm - Intranet Item Inquiry Item Number: 7004 1350 0001 4558 3585 The item(s) you queried are summarized below. If you would like to request a delivery record check the box in the "Select" column to the right of the item (if available). Learn more about Restore. Detail Item Origin Destination Firm Recipient Event/Image Info Date Time Selo Archived 70041350000145583585 27834 DELIVERED 07/06/2006 13:58 Request Delivery Record for Selected Items Enter Request Type and Item Number: Quick Search ,o Extensive Search LY't%18na11CR Of(ttls"k:a:1£1 EXtLIl'tAs Submit... Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home-Rage. littp://pts.uspsgov/pts/labelliiquity.do 1/18/2007 a MAIF L NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,PG,PE Michael F.Easley,Govemor Director and State Geologist January 2, 2007 William G.Ross Jr.,Secretary Certified Mail Return Receipt Requested 7003 0500 0002 0451 9545 Mr. Judson T. Whitehurst 802 Recycling Lane Greenville, NC 27834 RE: Whitehurst Sand Mine Pitt County Tar-Pamlico River Basin Dear Mr. Whitehurst: We have reviewed the additional information submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please provide this office with a copy of the certified mail return receipts For the notification mailed to adjoining property owners. We had only received the certified mail receipts, not the signed green cards. . 2. Please revise the mine map to reflect the appropriate permit boundary (68 acres). 3. The haul road should be a maximum of 40 feet in width to comply with the Tar Pamlico Riparian buffers. 4. The reclamation bond has been calculated using the information submitted in the application. The reclamation bond for this site would be $41,300.00. The calculation worksheet is enclosed for your review and the new bond will be required prior to approval of this application request. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 9919-733-4574/FAX: 919-715-8801 512 North Salisbury Street,Raleigh,North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper n Mr. Whitehurst Page 2 For your convenience, I have enclosed a bond form, an assignment of a savings account form and irrevocable standby letter of credit form for your use in securing the required bond. The name on the security must be the same as the name appearing on the application for a mining permit, i.e., Judson T. Whitehurst. In addition to one of these alternatives, you may, upon request, substitute a cash deposit. In order to complete the processing of your application, please forward two (2) copies of the requested information and the original 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 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the-Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, 61 Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures: Bond Forms Bond Calculation Worksheet cc: Mr. Pat McClain, PE w ; Ar yY North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTED TO: ali�;a — To: ah�u Dr Of: rr From: �ft ,'111t..``'' LC" IU, RE: Date: DOCUMENTS NUMBER OF PAGES* COMMENTS: U t► n uY� - t •IP YOU DO NOT RECEIVE ALL PAGES,PLEASE TELEPHONE US DR,4FDIATELY AT(919)7334574, � ..� �`: _ ' i ( i` ,l` . • .. . � _ n � py "}' P 1 ,*.. .. DIVISION OF LAND RESOURCES LAND QUALITY SECTION January 2, 2007 MEMORANDUM TO: Kristin Hicklin Assistant Mining Specialist FROM: Richard Peed Washington Regional Office RE: Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County Tar-Pamlico River Basin The information submitted in response to the request for additional information dated September 22, 2006 has been reviewed with the following comments: This office did not receive copies of any additional green cards. D- l he applicant has reduced the size of the proposed mine to approximately 69 acres. However, the applicant has failed to change the legend to reflect this change. The legend needs to be changed to reflect the actual area to be permitted. The property boundary and the permit boundary are no longer one and the same. O3 The applicant appears to have shown all the access/haul roads to the mine. However, they did not include them all within the permit boundaries. Furthermore, the applicant may need to reduce the new crossing to 40' to be sure the proper buffer is allowed for the tar-pamlico riparian area. 4. Erosion and sedimentation control measures have been changed and the supporting calculations submitted. 0 I,.. If we can be of any further assistance please advise. AdW y MINING CHECKLIST FOR ROUTING Applicant's Name: Project Name: rj`1 - ; ApplO./Permit No.: County: _ fit. Date Received: Reviewer. River Basin Name: v - Po-w^\ ❑New ❑Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside permit boundarie5) ❑Transfer ❑Release ❑Partial Release ( P,�dditional Information ❑ Fee Needed: $ ❑Fee Received: $ Ejase route entire application package to: Regional Office (2 complete copies;attach the"L05 Regional /OOFfice Mining Application Review Checklist"to one copy and attach bah the DWQ and DAQ "Mining Application Review Form"to the,othercopy; send both copies to the Regional Engineer) Lit6tbate: Routed Rec'd ❑Division of Water Resources Date: Routed Reed ❑NC Wildlife Resources Commission Date: Routed Rec'd ❑U5 Fi5h &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) Please route first 3 pages of the application and any location maps to: ❑Division of Parks & Recreation Date: Routed Rec'd ❑NC Geological 5urvey 5ection Date: Routed Reed (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other. Date: Routed Rec'd **Su open oe Date for Comment5: (O (no later than 25 days from receipt) Xj Please note the following: RECEIVED HC 61 2006 11/29/06 LAND QUALITY SECTION North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh,N.C. 27699-1612 Attention: Mr. Floyd R. Williams,PG, CPG, CPM Dear Mr. Williams: Thank you for your recent review of our mining permit application. Please find attached revised site map. Additionally, I have attached revised sheets for insertion into the original mine application. Also, attached are calculations for erosion control measures. We previously submitted originals to DENR of notifications [certified mail return receipt cards] to all adjoining property owners and to the county manager. Unfortunately, I did not retain a copy of these notifications. Please review your files and see if these notifications are present. If not, let me know and I will resend notifications to the property owners. Please note that we did not receive any negative comments from adjoining property owners or the county manager. Additionally,the site has been issued a special use permit by the county commissioners. Sincerely, Judson T. Whitehurst APPLICATION FOR A MINING PERMIT ■ N All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit,indicate the total acreage at the site to be covered by the permit(this is the acreage that tFe "new permit"fee will be based upon): 68.0 Of this acreage,how much is owned and how much is leased? Acres owned: 68.0 acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall)acreage covered by the existing permit: Mining Permit No.: Total permitted acreage(this is the acreage that the"renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total(overall)acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes No . If yes,indicate the acreage to be covered by this modification(this is the acreage that the ""major—modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes,indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F.of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total(overall)acreage covered 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 BABE UP I FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED 2. Name of all materials mined: Sand and Topsoil 3. Mining method: Hydraulic Dredge X Front-end Loader&Truck Shovel&Truck X Dragline&Truck Self-loading Scraper X Other(explain) APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine(feet) 22 -2- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine ma that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles,processing are- -taul roads,mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0.3 Stockpiles 0 Wastepiles 0 Processing Area/Haul Roads 1.9 Mine Excavation 61.7 Buffer(Unexcavated, 4.1 Vegetated) N TE: 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- �f 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. Install gravel construction entrances. Install vegetated earthen berm around perimeter of area to be Excavated. Excavate sand and topsoil. Install 3:1 slopes along perimeter of excavation. Permanently Seed and mulch all disturbed areas. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Install gravel construction entrances. Install sediment traps along proposed haul road. Install silt fence. Install sediment basins. Install vegetated earthen berm around area to be excavated. Excavate sand and topsoil. Install 3:1 slopes around perimeter of mine. Permanently seed and mulch all disturbed areas. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X . 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 a point discharge to the waters of the State?Yes No X . 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). -6- �� APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A 25 feet wide buffer will be maintained between any mining activity and any mining permit boundary or right of way. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). No natural watercourses or wetlands exist within or directly adjacent to mining permit boundary. The site is surrounded by a naturally vegetated areas on all sides. 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. Minimum 3 horizontal to 1 vertical slopes will be installed along the perimeter of the mine excavation. -8- �4mv APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X . How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location of all visual screening on the mine map(s)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The operation will be screened from public view by existing vegetation. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so,how will such effects(i.e.,noise,visibility,etc.) be mitigated? No public owned park,forest,or recreation area exists adjacent to the mine. 11. Will explosives be used? Yes No X . If yes,specify the types of explosive(s)and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structures)to the proposed excavations)on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents,or other chemical reagents be stored on-site? Yes No X If yes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). -11- `Mph APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map. Final reclaimation will be accomplished by the installation of 3 horizontal to 1 vertical slopes along The Eerimeter of the mine excavation. Proposed haul road will remain in place. All disturbed areas will e permanently seeded and mulched. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s)through the proposed body(s)of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? Yes No X . If yes,specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. No excavations in rock. -12- 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. Overburden,refuse, spoil banks,or other such temporary on site mine waste areas will be sloped at 4 Horizontal to 1 vertical and will be permanently seeded and mulched. 5 a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. No processing facilities are planned for this site. Any stockpile areas will be sloped and permanently seeded and mulched. Proposed haul road will remain in place. b. Will any on-site roadways be left as part of the reclamation? Yes x No . Ifyes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. Ditch lines and shoulders will be permanently seeded and mulched. b. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site Generated waste shall be disposed of on the mine site without Rrior written approval from theNC C 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 h sa 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. All waste product will be disposed of off site at appropriate landfill(s). -13- APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BONDvv� �U`�` t�� The following bond calculation worksheet is to be used to establish an appropriate bond(based n a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage roved by the Department to be affected during the life of the mining permit. Please insert the a roximat crea a or each aspect of the mining o eration that you intend to affect during the lie o this mining er in addition lease insert the a ro riate reclamation cost/acre or each cate o from the Schedul Reclamation Costs provided with this a lication form)OR you can de er to the Department to calculatrvour bond for you based ypon oy ur maps and standard re/DR..CE sts: RECL ON RECLAMATION CATEGORY COST/ RE* COST Tailings/Sediment Ponds: c. X $ 00 /Ac. _ $ D •� Stockpiles: c. X $ /Ac. _ $ Wastepiles: c. X $ /Ac. _ $ Processing Area/Haul Roads: c. $ 1800 /Ac. Mine Excavation: c. X $ 500 /Ac.Other: c. X $ /Ac. _ $ TOTAL AFFECTED AC.: Ac.(TOTAL PERMITTED AC.: Ac.)Tem or &Permanent Sedimentatin Control Measures: Divide the T /ffsiteed ECTED AC. a ve into the following two categories: a) affected acres that drain into proposed/exision and/or b) ected acres that will be graded for positive drainage where measures will be needed to pte sediment on and sedimentation to onsite watercourses and wetlands. a) Internal D68.0 Ac. b) Positive DAc. X $1,500.00 = $ I f SUBTOTAL COST: Inflation Fact 0.02 X SUBTT: $7J a)0 .OX Permit Life (1 to 10 years): 10INFLATION COST: $TOTAL UBTOTAL COST + INFL otal Reclamation Bond Cost: $ ound do n to the nearest$100 -15- 14 rr �7E��a2 sJ�C'f m a c% Z>4A l 'T)'eW F — Cj 1�E5iG-n/) f (Alc-DG 7- S%rD 04.Quji,,jG /G 3¢ ,02 ATI/gci}Ep, TE✓C M IN E lL re a y.i 4--JO Ae-q(/IZ EIo Af i/V I oo+G e-1 c- 1,4 1) io /1'rgx I✓+n v&t, QF 2 7 uNaFP CoEFFI GIc- -r Sa is /zGoF-Ifs Fu4T T I M E �^Jc a•Q3 g� j3�-sFr> a j� sE4'i�r ivT rt E�•�v d3�. �- -r,� �s �F Iz ?'��t Z ll�V i- o i r/ Oct �/ •fZ /.' �'8 o� 0l1�2/ �1.41r'!Z / -14L NP '7 oS I S'Z _ s�d��5 3►A/S' 1 of _ tllpl M (N lL-v,.», k trM -71e5) 1 1=f J-03Q Lo g •.L.Oil cr��•���n ��v��� �s�� ON ON r7--)-»'es = b c o '3 vo-9/.:o E o •f3 un-�I�� N�I.� .L _ /,reiL�j�tN� >�vo� ��,,�,L of >t ry trn-k yQ ul5 100�l✓� N-3 u olot ra 71eP9C 1 �j (Z 2 -- n f o Ol -Z. Csau r S z ii1c�?�1 s — o o-z) ,vn"?o A =C�DZ) Or � -6. aa�i,./L►nS *��s�i�/ -s,-z ---2 'oN r"IsPI61 Qrk V-NV ry Iy+v�1�C! a l.� -- �/° shoe ffAA,n iF' U-77)Li a 6'4P Dut -rO 4111U11",4L -7. 3 Acrcem) 13 T'Tlu.ti-, w r� Iz, �T �•g-�s c.E 8.07a 5-r FT o z/ �-L•r? PA r W �.,i�..•Z,•3L3d 0. D C� O 3U0-2 �� /vl — �.lr SM Liv rt t.4 J.1.. .L:d Z = 13 / - 02 n c t, �(-E✓1/!� Wf7 W � Sa -r U-:9 JC?/n1SI(J �/��t/ _ d�"?�-/ �-�yrv'J( G7 do 2J 7 n G 3s nd'o Ni/ 7::;) J-W 9 b Ll s��•v1 iN�wlc/-:�S jo ZJS GNfi Iv'o!L. 07 aN/rw7�?�aQ ��TEK,v,�•v� /f•�-F� /j-�!� SNP ^; OF ,tf}-sirfS pCAT rT /` c-12 o T S Tb izo /Z x z = 3© F r r,(,r s Z /ts/Ns Get Ut-K•Q;Y ,Sr/k-�» C'� /�,F'T :►1 T-,y t�sTficc_ -rc.S a nl FA o Pates J) -u o 7 '•S _ `� d�� ���Z �2,�/fin Q-�,►ou--?n�if/ 09'� SOnory a fo'13 P/ .L=( CP{/o�.��/?f/-�► 'D f C(r/-E/�SG�P!'� 5..3'7�/� � '� � .= -�/�7./�-�'bN1'�?.�Q o/ a4l �21s �Nir.�u.�_1 APPLICATION FOR A MINING PERMITleon E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bonge of$500 to $5,000 per affected acre)for each permitted mine site based upon the ache Department to be affected during the life ofthe miningpermit.Please insert the a roxich aspect o the miningoperation, that you intend to affect duringthe life o this miningper fit in addition lease insert the a ro riate reclamation cost/acre or each cate o from the Schedul o Reclamation Costs provided with this application form) OR you can defer to the Department to calculat our bond or you based upon your maps and standard reclamation costs: AFFECTED RECLAMAT N RECLAMATION CATEGORY ACREAGE COST/AC * COST Tailings/Sediment Ponds: ©•1 Ac. X $ 5D0 ' /Ac. _ $ Stockpiles: `— Ac. X $ /Ac. _ $ Wastepiles: '�— Ac. X $ — /Ac. _ $ Processing Area/Haul Roads: � . aO�" Ac. X 0.00 /Ac. _ $ 3'gQ6. 00 Mine Excavation: o� 53, 3 Ac. X $ 5W.OD /Ac. _ $ I oZ V (s SS. Other:CU he(,CotJ 33 .Oa Ac. $ _g0d .00 /Ac. _ $ ( 60 TOTAL AFFECTED AC.: Co Ac. (TOTAL PERMITTED AC.: "�• LAS C�� • bar �V � Temp-or Temp-orary & Permanent Sedimentation & Erosion ontrol Measures: Divide the TOTAL AFFECTED AC. above intqfte following two categories: a) affected acres that drain into proposed/existingexcauation and/or b)affected es that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation an edimentation to onite watercourses and wetlands. a) Internal Drainage /TOTAL c. b) Positive Drainagec. X $1,500.00 = $ SUBTOTAL COST: $ 190 t a 9r) , 00 Inflation Factor: 0.02 X SUBTOTAL COX Permit Life(1 to 10 years): 10 A R% INFLATION COST: $ 3B S'�,y0 TOTAL COST = + INFLATION COST = $ as 8. 3yy. yo Total amation Bond Cost: $ a •0O (round d o the nearest$100.00) -14- �� Y da v, ., r NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,PG, PE Michael F.Easley,Governor Director and State Geologist William G. Ross Jr.,Secretary September 22, 2006 Certified Mail Return Receipt Requested 7003 0500 0002 7858 1813 Mr. Judson T. Whitehurst 802 Recycling Land Greenville, North Carolina 27834 RE: Whitehurst Sand Mine Pitt County Tar-Pamlico River Basin Dear Mr. Whitehurst: We have continued the review of the application you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please indicate on a revised site map where you intend to start the mining excavation and approximation as to where the mine excavation will advance for the next 10 years. Also indicate what areas you intend to clear and areas you do not intend to clear for the next 10 years and what type of vegetation exist at this time. 2. The erosion and sediment control measures indicated on the site plan last revised July 25, 2005 are inadequate. The plan indicates three temporary sediment traps to be located near the end of three drainage ditches and near the center of a drainage ditch in the northwest side of the site. Please submit proper locations, runoff calculations, design calculations and assumptions, and construction details for adequate and appropriate temporary and permanent erosion and sedimentation control measures to be utilized throughout the site for upfront clearing operations and long term permanent measures. Please follow the enclosed June 24, 2003 memorandum from Tracy Davis, PE, Chief Engineer with the Land Quality Section regarding the design for trapping efficiency' requirements for temporary sediment traps and sediment basins. 3. In the review of this application, the original 150 foot perimeter buffer zone was reduced to a 50 foot unexcavated buffer with the 50 foot buffer beginning at the property line. Please explain why the 150 foot buffer was reduced to 50 feet and 1612 Mail Service Center, Raleigh, North Carolina 27,699-1612 •919-733-4574/FAX: 919-715-8801 rws 512 North Salisbury Street,Raleigh,North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper COMPLETE THIS SECTION ON DrLIVgPy ■ Complete items 1,2,and 3.Also complete A. Sionature item 4 If Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse so that we can return the card to you. ��� ❑Addressee ■ Attach this card to the back of the mailpiece. Receivey Dy f P� `) C. Date of Delivery or on the front if space permits. I/ 1. Article Addressed to: D. Is delivery address dHferem fmm em 19 ❑Yes If YES,enter delivery address below: ❑ No MR JUDSON T WHITEHURST 802 RECYCLING LAND T4F %Ice Type GREENVILLE NC 27834 Certified Mail ❑Express Mal egistered Return Receipt for Merchandise Insured Mail C.O.D. estricted Delive (Extra Fee) yB9 2. Article Number lransfer from service labep 7003 0500 0002 7858 1813 PS Form 3811,August 2001 Domestic Return Receipt ��a�D�10259soz-M-1540 Page 2 Mr. Whitehurst 4. Please provide this office with a copy of the certified mail return receipts For the notification mailed to adjoining property owners. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 56.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sinc ely, oy R. Williams, PG, CPG, CPM State Mining Specialist Land Quality Section Enclosure cc: Mr. Pat McClain. PE Subject: Proposed Whitehurst 1\,../ From: "Richard.Peed" <richard.peed@ncmail.net> Date: Wed, 20 Sep 2006 18:33:16 -0400 To: "Kristin.Hicklin" <Kristin.Hicklin@ncmail.net> Kristin, Sorry for the delay, but here it is. See attachment. Tks, Ricky SENDER-,COMPLETE THIS SECTION SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete 4n#re item 4 if Restricted Delivery is desired. // /r 'V4,Agent ■ Print your name and address on the reverse X C /J ❑Addressee so that we can return the card to you. B. R6ceived by7(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, / or on the front if space permits. �/(J' D. Is delivery address di ��- � ❑Yes 1. Article Addressed to: If YES,enter deliv Abe q_ No Ell Z C 0 ti`'It ►�tic�gs�� 3. Service Type ❑Certified Mail ❑ Express Mall ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. Gvtth� J` Iq C 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7,006 .;O1,g0 ::1100,0 8383;; 05:10: f97a?Srfr;�;ORTserv?c PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE Firt-Class Mall Postage&Fees Paid USPS Permit No.Cr10 Fender. Please print your name, address, and ZIP+4 in this box• y 133�If3?3i1�ti�i�lilitl?}�f??�t� ems/ DIVISION OF LAND RESOURCES LAND QUALITY SECTION September 20, 2006 MEMORANDUM TO: Kristin Hicklin Assistant Mining Specialist FROM: Richard Peed Washington Regional Office RE: Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County Tar-Pamlico River Basin The information submitted in response to the request for additional information dated May 31, 2006 has been reviewed with the following comments: 1. This office did not receive copies of any additional green cards. 2. It appears the applicant has now removed the existing mine permit from within the proposed permit boundaries. 3. The applicant appears to have shown all the access/haul roads to the mine. However, they did not include them all within the permit boundaries. 4. The applicant appears to have change all the buffers to unexcavated except the 700' buffer along the north side of the mine. This office did not receive an updated Page 5. 5. It appears that all drainage ditches have been depicted on the mine map. The applicant appears to have addressed the items outlined in the ADI dated May 31, 2006. However, the applicant has made additional changes to the mine map that was not requested. The applicant has reduced the buffer to 50' from the permit boundary/property line on the majority of the site. As stated in my previous memo dated May 30, 2006 site inspections have revealed what appears to be a natural water-course exists between the LEI �► Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County September 20, 2006 Page 2 proposed limits of excavation and the proposed permit/property boundary. Not only has the applicant reduced the buffer they are now stating that it will be unexcavated(which means*it can be disturbed)right up to the permit/property boundary. Furthermore,the applicant now shows discharges from proposed disturbed areas that have no measures shown to prevent offsite sedimentation form occurring. The map also shows haul roads that are not located within the permit boundary. Is this okay? If we can be of any further assistance please advise. DIVISION OF LAND RESOURCES LAND QUALITY SECTION September 20, 2006 MEMORANDUM TO: Kristin Hicklin Assistant Mining Specialist FROM: Richard Peed Washington Regional Office RE: Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County Tar-Pamlico River Basin The information submitted in response to the request for additional information dated May 31, 2006 has been reviewed with the following comments: 1. This office did not receive copies of any additional green cards. 2. It appears the applicant has now removed the existing mine permit from within the proposed permit boundaries. 3. The applicant appears to have shown all the access/haul roads to the mine. However, they did not include them all within the permit boundaries. 4. The applicant appears to have change all the buffers to unexcavated except the 700' buffer along the north side of the mine. This office did not receive an updated Page 5. 5. It appears that all drainage ditches have been depicted on the mine map. The applicant appears to have addressed the items outlined in the ADI dated May 31, 2006. However, the applicant has made additional changes to the mine map that was not requested. The applicant has reduced the buffer to 50' from the permit boundary/property line on the majority of the site. As stated in my previous memo dated May 30, 2006 site inspections have revealed what appears to be a natural water-course exists between the Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County September 20, 2006 Page 2 proposed limits of excavation and the proposed permit/property boundary. Not only has the applicant reduced the buffer they are now stating that it will be unexcavated(which means it can be disturbed)right up to the permit/property boundary. Furthermore,the applicant now shows discharges from proposed disturbed areas that have no measures shown to prevent offsite sedimentation form occurring. The map also shows haul roads that are not located within the permit boundary. Is this okay? If we can be of any further assistance please advise. MINING CHECKLI5T FOK KOUTING i`` r r Applicant's Name: Jv Project Name: ���� �( Vs J( tarp '19 - � Applic./Permit No.: County: ( C Date Received: t Reviewer J1 V, - River Basin Name: (A ❑New ❑Renewal ❑ Modification (inside permit boundaries) ❑Modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Release ❑Additional Information ❑ Fee Needed: $ ❑Fee Received: $ Regional Office (2 complete copies; attach the"LQ5 Regional Office Mining Application Review Checklist"to one copy and attach hath the DWQ and DAQ "Mining Application Review Form"to the ot_ber copy; send both copies to the Regional Engineer) Date: Routed 9- I S PCc,d ❑ Division of Water Resources Date: 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 pages of the application and any location maps to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd "Suoperl5e Date for Comments: `�- ` U(o (no later than 25 days from receipt) ❑Please note the following: r c r ; , f U ' Vk — �. C' rN\j\IY-kH� — N MINING CHECKLIST FOR ROUTING Applicant's Name.\.X Project Name: Applic. itN Form County: DateReceived: 2-lu - Uis Reviewer: e .S ti v\ River Basin Name: 10V - rcYA . ❑New ❑Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑ Release ❑Partial Release additional Information ❑Fee Needed: $ ❑Fee Received: $ Please route entire application e�Qe to: 4 V3 Fop\G Regional Office (2 complete copies; attach the"LQ5 Regional Office Mining Application Review Checklist"to one copy and attach lz h the PWQ and DAQ "Mining Application Review Form"to the outer copy; send both dies to the Regional Engineer) 4�ate: Routed' - l i -Ul, Rec'd ❑Division of Water Resources Date: 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 paQes of the application and any location mans to: ❑Division of Parks & Recreation Date: Routed Rec'd ❑NC Geological 5urvey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec d (Only new applications) ❑Other. Date: Routed Rec'd **5uopenoe Date for COn' ment5: �- -66 (no later than 25 days from receipt) ✓ -� xPIcase note the following: CCU ���r@� ? August 7, 2006 North Carolina Division of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh,North Carolina 27699 - 1612 Attention: Kristin Hicklin Dear Ms. Hicklin: Thank you for your recent review(May 31, 2006)of our mining permit application. We have made additional field surveys to ensure that all requested information has been shown. Also, we have tried to address the other items as requested. Please let me know if we need to submit additional information. Thank you. Sincerely, Judson T. Whitehurst 802 Recycling Lane Greenville,N.C. 27834 RECEDED AUG 10 2006 LAND QUALITY SECTION 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 0.1 Stockpiles 0 Wastepiles 0 Processing Area/Haul Roads 2.22 Mine Excavation 253.31 Buffer(Unexcavated) 33.02 Buffer(Undisturbed 700ft) 29.8 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. RECEMID w Ll WWALtTy a etic -5- USPS&? pmenrinfo for 7004 1350 0001 4558 3585 *111110 IN/ Subject: USPS Shipment Info for 70041350 00014558 3585 Date: Mon, 7 Aug 2006 17:06:34-0500 (CDT) AUG 10 2008 From: "U.S. Postal Service_"<U.S._Postal_Service@usps.com> To: dannytaylor@dot.state.nc.us 6AND QUCTy SECTION This is a post-only message. Please do not respond. danny taylor has requested that you receive the current Track & Confirm information, as shown below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7004 1350 0001 4558 3585 Service Type: Certified Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Delivered GREENVILLE NC 27834 07/06/06 1:58pm Acceptance GREENVILLE NC 27834 07/05/06 3:26pm -------------------------------------------------------------------------------- USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags.htm GREENV 3631970834-0098 07/05/2006 (252)752-2153 03:27:57 PM Sales Receipt Product Sale Unit Final Description 0ty Price Price • GREENVILLE NC 27834 $0.39 ui , , First-Class '0 0.30 oz. ^ (Domestic Mail Only;No Insurance Coverage Provided) Return Rcpt (Green Card) $1.85 m Certified $2.40 m fT Label #: 70041350000145583585 to Customer Postage -$0.39 h E NI'TLLC 11 ..'?7t e �a a Subtotal : $4.25 Postage $ r i2.40 0835 _ Issue PVI: $4.25 o canlned Fee 0 25 Postlna k 390 #10 1 $0.47 $0.47 O Retum Reclept Fee $j,$$ Here (Endorsement Required) Franklin Env C3Rarnlctedoerve' as g.p,0p Total : $4.72 m (Endorsement R.q'UlFred) a Total Postage&Fees .p a $4.d3 07/05/2006 Paid by: � Cash $20.75 o ant o Change Due: -$16.03 o �/��1�/Y• d• /V]vr Oohcrl� �. r` SYree(XF-M;"�"'"o"'"""'""_"""""""""'"_._"""'9 -"'""" stamps at USPS.com/shop or call or P06ox No. (Jo-_..._..�F__ZG� E -Stamp24. Go to `CifY.sreie;ziaa _ ................. ve.e., i hIG Z`78.3 :om/clicknship to print shipping with postage. For other asse., ation call 1-800-ASK-USPS. 1000200546363 25 sales final on stamps and postage. rods for guaranteed services only. I of] Thank you for your business. Customer Copy ..� A� �.. 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 May 31, 2006 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 0500 0002 7892 8274 Mr. Judson T. Whitehurst 802 Recycling Lane Greenville, NC 27834 RE: Whitehurst Sand Mine Pitt County Tar-Pamlico River Basin Dear Mr. Whitehurst: We have reviewed the application request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: ✓ 1. Please notify those landowners adjacent across US Hwy 264 from the junction of the haul road with US Hwy 264 and provide proof, such as signed return receipt cards, that they have been notified. 2. According to the mine map submitted with the application, the proposed permit boundary encompasses another mine site (Permit#74-68). The permit boundary must be changed so that it completely excludes mine site #74-68. 3. Please revise the mine map to show all access/haul road(s) to the mine excavation area. 4. Please note that if the buffers are considered unexcavated buffers, then they must be included as affected acreage and covered under the reclamation bond. If you wish to change the buffers to undisturbed, please revise the mine map and resubmit Page 5 of the permit application with accurate amounts of the proposed affected acreage at the site. In addition, clarify what the `other" category is on the affected acreage chart previously submitted. It must be further explained in order to accurately complete the bond calculation for the site. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: 919-715-8801 512 North Salisbury Street, Raleigh,North Carolina 27604 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Mr. Whitehurst Page 2 5. All on-site drainage ditches and structures must be depicted on the mine map. Please revise the mine map to show all on-site features. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 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, p Kristin Hicklin Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE DIVISION OF LAND RESOURCES Mara 12006 7 LAND QUALITY SECTION LAND CU,, ITY Sc May 30, 2006 CTION MEMORANDUM TO: Kristin Hicklin Assistant Mining Specialist FROM: Richard Peed W Washington Regional Office RE: Proposed Whcatio st�= Mining Application o. 74-78 Pitt County Tar-Pamlico River Basin The information submitted in response to the request for additional information dated March 28, 2006 has been reviewed with the following comments: 1. It appears the County Managers office has been notified. 2. According to the submitted mine map the applicant still wants to permit the area around another permitted mine. The applicant will need to transfer and include this mine or revise the mine maps and application to accurately reflect what is to be permitted. 3. This question appears to be adequately addressed. ✓ 4. If in fact Eastern Recreational Properties, LLC is the applicant then page one of the application needs to be revised to reflect the actual applicant. Also, if Eastern Recreational Properties, LLC is the owner of the property page 18 must be changed to reflect the true owner with Mr. Whitehurst signing as an officer. 5. The applicant has stated on the revised mine map areas that are to be undisturbed or unexcavated as per our request. However, the applicant proposes that the property line be the permit boundary with the majority of the buffer being unexcavated. Site inspections have revealed what appears to be naturalwater courses exist between the proposed limits of excavation and the proposed permit boundary. Therefore, these buffers need to be undisturbed not unexcavated. ..r Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County May 30, 2006 Page 2// J6. It appears the applicant still has not shown all the drainage features on the site. Furthermore, additional access to the site exist that are not on the mine map and proposed measures are in an area that appears to be a natural watercourse If we can be of any further assistance please advise. MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF WATER QUALITY C } I Lr Project/Number.. I II -- + J(il k' 1+ 7� C '�'��t� T`t Please return comments back to: 5F/cA*co PBS G&.ttiz,� Comments due by: -a /7 ,;.WeG Will the operation, as proposed, violate standards of water quality? /yC s Jam.,.- •�A ;._ Comments:_r�, ram,, -.c cu =.1.a k:,,-y YL /n`i!✓2 !,'_:�:T _ ND rl;z i•,oP c,_- S ;c I i ...%:re n!C E7i —iJ/ i n �'-� is ...lc '•'/1 �. r HC- /^s^C�lSc ALI LiiA i/. <_A!r - Watershed/Stream Name & Classification: arr -o 64/ti;)u- -7Ae ixM Rum YES NO NPDES permit required NPDES permit existing (Permit r ) Nondischarge permit required Nondischarge permit existing (Permit r ) Wetlands disturbed 401 Wetland Cert. required 401 Wetland Cert. existing (Permit # ) Reviewed by: phr a✓,ee, Date: Print Name: 09;2005 General Office Reviewer: 5.z - i MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY Project/Number:,�iN� �U➢.Us (� �Lia �Ll-i� ounty: T)(t Please return comments back to: Comments due by: /1 fhGGlf / 7 , 240b Will the operation, as proposed, violate standards of air quality? Comments: YES t Air permit required Air permit existing (Permit Other Comments: Reviewed by: Date: Print Name: 09/2005 Central Office Reviewer: 1 Subject: Proposed Whitehurst one Pitt County From: "Richard.Peed" <richard.peed@ncmail.net> Date: Tue, 30 May 2006 14:43:22 -0400 To: "Kristin.Hicklin" <Kristin.Hicklin@ncmail.net> Kristin, Attached please find comments for the above referenced Mine. Tks, Ricky 14.. *00 DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 30, 2006 MEMORANDUM TO: Kristin Hicklin Assistant Mining Specialist FROM: Richard Peed Washington Regional Office RE: Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County Tar-Pamlico River Basin The information submitted in response to the request for additional information dated March 28, 2006 has been reviewed with the following comments: /1. It appears the County Managers office has been notified. 2. According to the submitted mine map the applicant still wants to permit the area around another permitted mine. The applicant will need to transfer and include ® this mine or revise the mine maps and application to accurately reflect what is to be permitted. /3. This question appears to be adequately addressed. 4. If in fact Eastern Recreational Properties, LLC is the applicant then page one of a� the application needs to be revised to reflect the actual applicant. Also, if Eastern ✓ Recreational Properties, LLC is the owner of the property page 18 must be changed to reflect the true owner with Mr. Whitehurst signing as an officer. 5. The applicant has stated on the revised mine map areas that are to be undisturbed or unexcavated as per our request. However, the applicant proposes that the property line be the permit boundary with the majority of the buffer being excavated. Site inspections have revealed what appears to be naturalwater �t�CDVnrses exist between the proposed limits of excavation and the proposed permit boundary. Therefore, these buffers need to be undisturbed not unexcavated. `. Proposed Whitehurst Sand Mine Mining Application No. 74-78 Pitt County May 30, 2006 Page2V� . ji 6. It appears the applicant still hilsnot shown all the draina a features on the site. Furthermore, additional access to the site exist that are not on the mine map and proposed measures are in an area that appears to be a natural watercourse If we can be of any further assistance please advise. r..•ravm.�+ee,aemRa;.Nu+A !.�. • iia�An�-�ac .x .. ,....: .-�-'�_.,.-....., . NOW MINING CHECKLI5T FOK KOUTING Applicant's Name::I,� (A(YJ 'A\A�Aw� sl Project Name: f.lh Glt-(u�, pplic./Permit No.: County: Date Received: U(o Reviewer: .�v S k r� River Basin Name: ❑ New ❑ Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Release dditional Information ❑Fee Needed: $ ❑ Fee Received: $ Please route entire application to: �—K� 2D Regional Office (2 complete copies; attach the "LQ5 Regional cc Mining Application Review Checklist"to one copy and attach bah the DWQ and DAQ "Mining Application Review Form"to the other copy; send both copier to the Regional Engineer) Date: Routed 5-I UC. Rec'd ❑ Division of Water ReSource5 Date: Routed Rec'd ❑NC Wildlife ReSource5 Commission Date: Routed Rec'd ❑U5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requertr that add land to the permit) Please route first 3 paac5 of the application and any location maps to: ❑Division of Parks & Recreation Date: Routed Rec'd ❑NG Geological 5urvey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑Division of Archives & Hietory Date: Routed Rec'd (Only new applications) ❑Other: Date: Routed Rec'd "5uopen5e Date for Comments: (no later than 25 days from receipt) JqPleaoc note the following: April 14,2006 North Carolina Division of Environment and Natural Resources Division of Land Resources Land Quality Section 1612 Mail Service Center Raleigh,North Carolina 27699-1612 Attention: Kristin Hicklin RECEh APR 2 uwn Dear QUALITY Ms.Hicklin: SECTI pN Thank you for your recent review of our mining permit application. Please find listed below requested information. 1. Please find attached signed receipt form for the county manager notice. 2. The proposed permit boundary has been revised to exclude another mine. 3. We intend to use the haul road. We have revised mine map to include this road in the mine permit boundary. 4. Eastern Recreational Properties,LLC should be shown as the applicant. Judson T.Whitehurst is an owner and officer in that corporation. 5. We have revised the mine map to specifically show areas within the mine permit boundary that are unexcavated and/or undisturbed. Also,attached is revised sheet 5 to show proposed acreages. 6. The mine map has been revised to show the drainage features. Please let me know if additional information is needed. Thank you. Sincerely, Judson T.Whitehurst Ova N A L 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 maybe 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 cant' out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: Signature:* -J()�14 Print Name: Judson T. Whitehurst Print Name: Judson T. Whitehurst Address: 802 Recvclin¢Lane Title: Owner Greenville,N. C. 27834 Company: Eastern Recreational Properties, LLC Telephone: 252-752-8274 Mine Name: Whitehurst Sand Mine *Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee(see next page for fee schedule) a form a check or money order payable to the North Carolina Department of Environment and Natural es i st be sent to the Land Ouality Section Central Office at the address listed on the front cover f this Inquiries regarding the status of the review of this application should be irectA%t* fining Pr gram staff at (919) 733-4574. yN006 9`Gi1Y'jecC IpN -18- 1400 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 arealhaul 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 AFFECT CREAGE Tailings/Sediment Pohd 0A a s Stockpiles Wastepiles 0 Processing Are .1 Roads 0.6 acres Mine Exca 'on 196.2 acres Othe See mining plansheet NOTE: INTION TO THE ABOVE,THE MAPS MUST ALSO INCLUDE ANY STI'E-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. �Vd�� �71446 l rYs�C -5- 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 March 28, 2006 William G. Ross Jr., Secretary Certified Mail Return Receipt Requested 7003 0500 0002 0451 3192 Mr. Judson T. Whitehurst 802 Recycling Lane Greenville, NC 27834 RE: Whitehurst Sand Mine Pitt County Tar-Pamlico River Basin Dear Mr. Whitehurst: We have reviewed the application request you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Please provide proof, such as signed return receipt cards, that the county or V municipality chief administrative officer has been notified. The County Planner was previously notified, however you must notify the County Manager. 2. According to the mine map submitted with the application, the proposed permit boundary encompasses another mine site (Permit#74-68). The other mine site must be transferred to you in order to include it in your mine site. Otherwise, you must revise your mine map to exclude the other mine site. 3. The haul road shown on the mine map was not included in the permit boundary. Do you intend to use this haul road or a different haul road? The haul road must be shown on the map and be included in the mine permit boundary. 4. The mine map indicated Eastern Recreational Properties, LLC as the applicant (in the legend) and their properties are included in the mine permit boundary, ✓ however there was no indication in the application that Eastern Recreational Properties, LLC is the applicant. Please clarify. If said company owns land within the permit boundary, an officer of the company must sign Page 18 of the application and the original must be returned to me. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 , 919-733.45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604 An Equal Opporkm4y 1�imative Action Employer—50%Recycled 110%Post Consumer F'or Mr. Whitehurst Page 2 G5. Are the buffer areas shown on the mine map to be unexcavated or undisturbed? if they are to be unexcavated they must be included in the total affected acreage. Please resubmit Page 5 of the permit application with accurate amounts of the proposed affected acreage at the site and return it to me. 6�All on-site drainage ditches and structures must be depicted on the mine map. Please revise the mine map to show all on-site features. Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 513.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. e o ur res onse, we �_S"fi )n as encour• ,de�ee e,n, d�ysawoa =e isn6nv �LSE:uuod sd ion sooner. possibb 262E T9fi0 2000 0050 E00Z 6sqe'e0eves wo„e{suw1J �gwnN e10RM 'd i -A❑ (eed wJ+3)1/jenllea PeioPisell '4 P eBIPeuOleWwn WIIe'0'O'0❑ P aslyw 10i jdleoea wnle we peyl 9'd b£9LZ ON 3llIAN33NOe Aj -. eolmes .E 3Nvl JNI10A0321 Z08 1s8nH311HM 1 Nosanr bW ON 0 :Moleq aswppe,GenlleP�iue'S3A 11 seA L l wey ww}1uwelpp sswppe NeMlep sl .a :ol PesawpPv e1011M 'l „/ �b 'SINUed eoeds;I 1uoi;e41 uo jo Enclo° tienllea 1O ewa o (eme eiuud)6q pAMeoa 'eoeldl!ew e4310 Aoeq e41 of Pieo s14143UUV ■ cc: ee Ppy 'noA of Pueo e41 wnlw ueo"1e41 Os ^1P'T''ti {�, esraneJ e41 uO ssaippe pue own moA 1uPd 0 j"eOV 0 / 'PenseP s1,Gen11e0 Peioulseii 1!4 we11 wnmu ft y eleldwoo os[V T PUB V L swe11 e161dwoo ■ Subject: Proposed Whitehurst 6,vid Mine App. #74-78 From: "Richard.Peed" <richard.peed@ncmail.net> Date: Tue, 28 Mar 2006 12:02:03 -0500 To: "Kristin.Hicklin" <Kristin.Hicklin@ncmail.net> Kristin, Attached is my comments for the Whitehurst mine. Sorry for the delay. A meeting took longer than expected this morning. Tks, Ricky \ftp/ \%or, DIVISION OF LAND RESOURCES LAND QUALITY SECTION March 28, 2006 MEMORANDUM TO: Kristin Hicklin FROM: Richard Peed Washington Regional Office RE: Proposed Whitehurst Sand Mine Judson T. Whitehurst Application No. 74-78 Pitt County Tar-Pamlico River Basin The application has been reviewed and appears to be complete except for the notification of the proper county official and the items already addressed in your cursory review. The site and the maps have been reviewed with the following comments: 1. The mine map shows the proposed permit boundaries will encompass an existing mine known as the E.R. Lewis Pactolus (No. 74-68)Pit. Is this acceptable? 2. The applicant has failed to adequately provide all existing drainage features,buildings, and other structures that may be located within the proposed permit boundaries. Please have these shown on the maps. 3. According to the map different entities own different parts of the proposed permitted ,property. If so,we need a list of these owners and signed land entry agreements. This office conducted a meeting with the applicant and an on-site review on March 14,2006. The proposed mine site was an existing wooded/scrub growth area that is now being cleared. According to the applicant the area to be mined(area being cleared)was previously cleared by a prior applicant and they were just reclearing the previously affected area. The inspection also noted drainage features,buildings, and other structures onsite that will need to be included on the mine map. The applicant stated that he also wants to access the site via the eastern recreational properties to access Highway 264. This will need to be included on revised maps. Comments from Air and Water Quality will be forwarded once they are received. If we can be of any further assistance please advise. .� a llorth Carolina Department of Cultural Resources State Historic Preservation Office Nw,R.Snndbcck,Administrator Michael R.Ifaslcy,Covernor Office of Archivvc and I Iistory Lisbeth C.Hcans,Secretary Division of I listorical Resources Jeffrey 1.Crow,Deputy Secretary .R r(ok,Director March 15, 2006 MEMORANDUM /aK TO: Floyd Williams L41V D QUgUT Land Quality Section Y SECTIpN Division of Land Resources,DENR (G Q`- FROM: Peter Sandbeck O� �..f.4li/ �- K�,, " SUBJECT: Application for Mining Permit,Judson T. Whitehurst,Whitehurst Sand Mine,Pitt County, ER 06-0577 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74,Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area,it is unlikely that any archaeological sites that may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore,reournme Pd*Fhat no archaeological investigation be conducted in `connection with this project. While we note that this project review is only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator,at 919-733-4763. Location Mailing Addresa Telephone/Fax ADMINISTRATION 507 N.1llount Stet Raleigh NC 4617 Mail Scniw Ccntcr,Raleigh NC 276994617 C)19)73.3A763/733-8653 RESTORATION 515 N.171aum Smut,Raleigh NC 4617 Maii Smiee Centcr,Raleigh NC 276994617 (919)7336547/715M)1 SURVEY&PLANNING 515 N.Rkmm Sind Raleigh,NC 4617 Mail Setviec Cent,,Bali b+NC 27699-4617 0)19)733L545/7154R01 M1W11l�t`.TI��PsP{�f. MINING CHECKLIST FOR ROUTING Applicant's Name:_ Project Name: U-\i le Lv sl ' iUAJ Iq- ; Applic./Permit No.: "county: Date Received: 3- I S- 0 �o Reviewer: 4V�- River Basin Name: ❑ New ❑Renewal ❑ Modification (inside permit boundaries) ❑ Modification (outside permit boundaries) ❑Transfer ❑Release ❑ Partial Release ( additional Information ❑ Fee Needed: $ ❑ Fee Received: $ Please route entire application package to: h) 1 t PUD Regional Office (2 complete copies; attach the "LQ5 Regional ce Mining Application Review Checklist"to one copy and attach lz¢�,h the PWQ and DAQ "Mining Application Review Form"to the other copy; send both copies to the Regional Engineer) ,y# Date: Routed 2 TOG peed ❑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 land to the permit) Please route first 3 page5 of the application and any location mans to: ❑ Division of Parks & Recreation Date: Routed Rec'd ❑ NC Geological Survey Section Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) ❑ Division of Archives & History Date: Routed Rec'd (Only new applications) ❑Other. Date: Routed Rec'd (k,' b 0, "5uopense Date for Comments: (no later than 25 days from receipt) Please note the follo w ing: jT v \l( LAY March 15, 2006 Land Quality Section FRECEMD Division of Land Resources 6Department of Environment and Natural Resources 1612 Mail Service CenterTioN Raleigh, N. C. 27699-1612 Attn.: Ms. Kristin Hicklin,Assistant State Mining Specialist RE: Whitehurst Sand Mine -- Request for Additional Information Dear Ms. Hicklin: Thank you for your recent cursory review of my mining permit application. Please find attached requested information. Sincerely, Pf-�T T Judson T. Whitehurst, Owner 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 February 22, 2006 William G. Ross Jr., Secretary Mr. Judson T. Whitehurst 802 Recycling Lane Greenville, NC 27834 RE: Application Received: February21, 2006 Pitt County Tar-Pamlico River Basin Dear Applicant: A cursory review has been completed on the information you submitted for 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 ATTACHED CHECKLIST HAVE BEEN FULLY ADDRESSED. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • 919-733-4574/FAX: 919-715-8801 512 North Salisbury Street, Raleigh, North Carolina,27604 An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper �. - . . -- • � _ �:� .. , "' .. � w .. �' • , i. .. c � _ � .• ._ .., �_ _ _ .-� _ �; � .. �. � '�- .,_" � � �•' `� f CHECKLIST FOR REQUIRED INFORMATION The following information is required by 15A NCAC 513 0004 and .0012 in order for the application to be deemed complete. 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 application may be disapproved. Applicant: Judson T. Whitehurst Date: February 22, 2006 Project: Whitehurst Sand Mine County: Pitt Date Received: February 21, 2006 X : Land entry agreement not filled out in its entirety. Please fill it all out and X : Affidavit of Notification not completed and notarized. X : Notification of all adjoining landowners not complete. Copies of the return receipt �. cards not submitted. Please notify the adjacent landowner(s) across Hwy 264 at the junction with the haul road. X : If the haul road is owned by Mr. Thomas F. Buckman, then he must also sign as N "landowner" on Page 18of the application. Please advise. 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Ciry.Bfate,ZIP+4 F K • . CERTIFIED U.S. Postal . CERTIFIED MAIL. RECEIPT MAIL,, RECEIPT O „ s (Domestic S m m m �$ tr GREENVILLE NC 27E34 U Ln GREENVILLE NC 27834 Ln posrega $ $0.39 _ postage $ $0.39 o cenre�Fee $2.40 0389 Cl certified Fee y 03 04p9 pn,imark 0 04 Postmark O Return Receipt Fee $0.00 Here O Reena Receipt Fee $0.00 Here L(Endomm..t quired) (Endorsement Required) ry Fee $0 QQ - N Restricted!Delivery Fee $0.00 nl (Endorsement Required) CO quired) $ $2.79 3/15/200b rR 2 $2.79 03/15/2006 &Fees Total Postage&Fees .p127 �Ej Ej m a ^�/ O —............ �.".`....... ----"��-•--- 'Btreec Aar:rid.; oiPO APt,"N. o/PD9ox No. or PO Box No. to j^OU US. 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C3 m m ' En WIL80N HC 27893 �r GREEHVILLE NC 27834 -n — Postage $ 50.34 Postage 3 $0.39 oCanned Fee 00389 o codified Fee $2.40 0389 Postmark 04 Postmark O Return Receipt Fee $0.00 Here C3 Return Receipt Fee $0.00 (Endorsement Required) (Endorsement Required) Here rU Restricted Delivery Fee $0.00 N Reseeded Delivery Fee f0.017 43 (Endorsement Required) nO (Endomement Required) r=1 Total Postage&Fees $ $2.79 03/15/2006 r=1 Total Postage&Fees $ $2.79 03/15/2006 Ln C3 end o C3 Sent Ta C3 T T $ireet,Apt.No.j Street,Apt.No, •' �(��" -- r or PO Box No. 8/S or FO Box No. l 'pJ'/0 -� ----------------------- - S/3o uCC 22 CIty,Stale,9P+4 YT t IIC4 �� Z2 P Y3 (CiN,.Slate.ZIP+4 //e.e.p`f ..T-_-E__...................... U�S-Postal Service,,, . , * .. . o (Domestic m n GREEHVILLE NC 27834 Er GREENVILCE NC 27834 n -n n Poctaga $ $0.39 m Postage $ $0.39 7 Certified Fee $2.40 0389 O Cert ied Fee $2 41 CI'Eg 04 C3 04 Postmark 7 Return Receipt Fee y0.00 Postmark O Return Receipt Fee $0.00 Hare (Endorsement Required) Here (Endorsement Requiretl) l]J fleatdcted Delivery Fee ;0.00 I�11 Restricted Delivery Fee $0,00 D (Entlorsement Requiretl) ,9 (End.%ameIn Requiretl) 52.79 03/15/2006 Ln Total Postage&Feed $2.79 15/2006 Total Postage&Fees $ $ 7 'da In Sent To O end To 1 fir. Y(. 12• --- b 'Ps riYch m= r he �` - --- oL /� Si e0 AptNo.; Dz _.-._.__.._y._._._.._-' S`,a Apr. o 6.33 " A s N� -.._-.. w PO Bar No. or PO Box No. ------------- --------------------- Gf-G ll� �� 77e51 cy;sraie;nP+a G• .�l /� 2�S 3 c;y.state,ZIP+d O Postal' '- ' RECEIPT m CERTIFIED • • - I s RECEIPT �. m N o (Domestico (Domestilicilifall Only;No Insurance Coverage Provided) m m GREEHVILLE NC 27834 WASHINGTON KC 27889 t-n -- n Postage $ 50.39 Postage $ f0.39 m 0389 M $2.40 0389 O Certified Fee 04 r3 canned Fee p Postmark O 04 Postmark E Rehm Receipt Fee 50.00 Here O Return Receipt Fee $0.00 Here (Endorsement Required) (Endorsement Required) 0 0 Restricted Delivery Fee nt Restricted Delivery Fee t0.00 so 50.00 � (Endorsement Required) � (Entlorsement Required) r 1 Total Postage&Fee, $ $2.79 15/2006 ra Total Postage&Fees $ $2.79 5/2006 toLn Ar M ant to O Sent lo �— r` -- - 'kj + - b'tieeG APc ------------------------ No.: �f Stiee[Apt No.:............ . . qr PO Be.No. SO G• e. /ii orPO Box Na _._._.._...- ._... .-1_._L�_n_�.............. �l --- W City,Stele.ZlP+u i CIN.$taro,LPW--------------- _ ___ ____ .- , 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. LANDOWNE APPLICANT: Signatur : Signature: Print Name: Judson T. Whitehurst Print Nam : J(4 d so.. T Wb d—A w-s� Address: 802 Recycling Lane Title: Own 0-1-- Greenville.NC 27834 Company: _ IY Telephone: 252-752-8274 Mine Name: W ,)"j Signature must be the same as the individual who signed Page 1 of this application. Six (6) copies of the completed application, six (6) copies of all location maps, mine maps and reclamation maps,and the appropriate processing fee (see next page for fee schedule)in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land 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. -19- • ' APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Judson T. Whitehurst , an applicant, or an agent, or employee of an applicant, for a new Mining Permit, or a modification of an existing Mining Permit to add land to the permitted area, from the N.C. Department of Environment and Natural Resources,being first duly sworn,do hereby attest that the following are all known owners of record,both public and private, of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed,by certified or registered mail, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) of • , Yb .w u e.••J Ol 1a i 4%) ✓ (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail,to said office at the following address: (Chief Administrative Officer Name) (Address) [City Manager, County Manager,Mayor, etc.] James Rhodes, Pitt County Planner 1515 West Fifth Street Greenville,NC 27834 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(bl) and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were used to to rovide them to the Department upon request. OZ 1 oG ignature of Applicant or Agent Oate If person executing Affidavit is an agent or employee of an applicant,provide the following information: (Name of applicant) JL,(&-So&-, A v s-:- (title of person executing Affidavit) W 1 r a Notary Public of the County of T Y_ �:;�State Ji of North Carolina,do hereby certify that J g of S'o S, T W -I-e h'J r s t appeared before me this day and under oath acknowledged that the above Affidavit was made by hiih ie3._- Witness my hand Rd notarial seal,this 19 day of J'1'1 a l• 2006 - Notary: My Commission expires: u. - -18- - _ _ •r. i ,,� - � ,• •1`rrrr• y � t i �'.. %'' - .. - -. .. _4 S.•� �^•` .fir"����� __ e _ • � ~� �1 ' -: �- � .-, - , - - � - � . _ . .\ - 1Zi- � �� `/i S1 _i ''1' i t.`1'� .. �,, j"•�;•`: .—'i � - � J:'.; '�-.t';.�i,•�.t j- 6` ,;t, -fit}- `„_�� .:e`. .. �., ... - • _ �-� - �.�� •. - �. y J .,. -- �-^ .� v ADJOINING PROPERTY OWNERS `William Alligood 2815 VOA Road Washington, N.C. 27889 --"H & S Land LLC P. O. Box 8159 Wilson, N. C. 27893 �`W. R. Edwards 633 Edwards Lane Greenville, N. C. 27834 ,—Bruce R. Tripp, Jr. 5130 US 264 E Greenville, N. C. 27834 —Davenport Farms, Inc. 5961 US 264 E Greenville, N. C. 27834 iEJE Recycling, Inc. 802 Recycling Lane Greenville, N. C. 27834 Thomas F. Buckman 514 Fairview Avenue Washington, N. C. 27834 ,,-'Bryan W. Buckman 6500 US Hwy 264 Greenville, N. C. 27834 William Morrison Graham 101 Lakewood Drive Greenville, N.C. 27834 / Mr. PoY A) A R . V4,avrcn 6583 0 20- E (4G . 2783`f" RECEIVED �� .. MAR 1 6 1006 NCDENR LAND QUALITY SECTION North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM TO: Brenda M. Harris Mining Program Acting Secretary Land Quality Section FROM: Mike Street�'4 DATE: March 9, 2006 SUBJECT: Judith T. Whitehurst Sand Mine Pitt County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. Ms/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 NorthCarolina Phone: 252 726-7021 \FAX: 252 727-5127\ Internet: www.ncdmf.net orthC r l in An Equal Opportunity/Affirmative Action Employer—50%Recycled\100.post Consumer Paper d I i I 11 I JI I 1 x r �i II NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr., Director William G. Ross Jr.,Secretary February 28, 2006 MEMORANDUM TO: Sean Mckenna Biologist/ DMF FROM: Mike Street Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit ! 06 ! APPLICANT: Judson T. Whitehurst PROJ. LOCATION: Whitehurst Sand Mine— Pitt County DUE DATE: 3-17-06 Please indicate below your position or viewpoint on the proposed project and return this form to Habitat Protection Section, Morehead City. If you have any questions regarding the proposed project, please contact Tracy E. Davis, State Mining Specialist, Division of Land Resources / Land Quality Section at (919) 733-4574. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED: 2 DATE: G d 6 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 One Phone: 252 726-7021 \FAX: 252 727-5127\Internet:www.ncdmf.net N/�►o�/�j/th fC�ta+ro/hn�a An Equal opportunity Affirmative Action Employer-50%Recycled\10%post Consumer Paper �' 'atumil :« �.. .�. � _ M�'d� i. _ _. t n �, 'r.r `/ ALT-WA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Michael F.Easley, Governor William G. Ross Jr., Secretary John Morris, Director March 16, 2006 MEMORANDUM TO: Brenda Harris ¢77 Mining Program Secretary 13 Land Quality Section M p AR 15 2006 FROM: Blake Rouse 1� LkNo OU AIJTV Ground Water Management Section SECTION Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: Judson T. Whitehurst Whitehurst Sand Mine Pitt County Please find attached a copy of the mining permit application request for the above referenced project. The Whitehurst Sand Mine Site located in Pitt County should not have an unduly adverse effect on ground water supplies. Any water withdrawal will be subject to North Carolina General Statute 143-215.22H;Registration of Water Withdrawals and Transfers Required. Any person who withdraws in one day 100,000 gallons (70 gpm) or more of surface water or ground water in North Carolina is required to register the withdrawal with the Division of Water Resources. A Central Coastal Plain Capacity Use Area permit must be obtained from the Division of Water Resources if the withdrawal exceeds 100,000 gallons per day and occurs in Beaufort, Carteret, Craven, Duplin, Edgecombe, Greene,Jones, Lenoir, Martin, Onslow, Pamlico, Pitt, Washington, Wayne, or Wilson County. If you have further questions please contact the Division of Water Resources at(919) 7334064 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 NorthCarohna An Equal Opportunity/Affirmative Action Employer-50%Recyded 110%Post Consumer Paper " atura//ff NCGS W Permit Application Review Checl aet Application ID 74_78 LQS Complete This Section Attach Pages 1-3 of Mine Permit Application Mine Name Whitehurst Sand Mine Company Name J.T. Whitehurst w- Date Due LQS 3/17/2006 Permit T —r Ne Renewal Modfication YP9= New -Transfer, ;s ?' NCGS Complete This Section Commodity sand and topsoil -:Geochemistry no comment . - Hazardous County - Pitt Minerals 7.5'Quad - 7MESLAND Subsidence - r mment - Lat(Dec Dog) 35.625000 Long(DecDeg) Slope Stability no comment -77.183300 P IY 1985 Geologic Toy-Yorktown Fmn. Map Unit Seismic Hazard no comment "3S7YJNtYt of w=---- — Hydrogeology, other 1. Other not available Geologic Map Unit"l Mineral no comment Resources Llthology,;,y,.;, unknown ._...._ .,,.....-..,.._ .. ..__..._ 1 Flood Plaln Yes 2 Deposits Comments 1.Near surface groundwater present 2.Located in meander belt deposits of Tar River system. NOTE: Plot of . given coordinates does not match map location(see attch.air photo). Comments 3� (Cont'd) Note: Seismic hazard value is the peak horizontal acceleration with a 10%chance of ex edence in 50 years. Reference value is fine bedrock,actual site conditions may vary. Source-National Seismtc-Hazard Maps Documentation,June 1996, -U.S.Geological Survey Open-File Report W532(http://gldmaps.01,.cC6sgs.gov/seisbaarpga10.html). - Record No 403 Reviewert JCR ComplDatel 3/212 006 5 Reviewert RMW ComplDate2 3/ //2006 NCGS Mine Review Chackisheet-Database Rev.2 11128100 } RECEIVED MAR 13 2006 LAND QUALITY SECTION M HT OF United States Department of the Interior o FISH AND WILDLIFE SERVICE a Raleigh Field Office e Post Office Box 33726 M4Rcm 9 0? Raleigh,North Carolina 27636-3726 March 9, 2006 Mr. James D. Simmons Director and State Geologist NCDENR-Division of Land Resources 1612 Mail Service Center Raleigh,North Carolina 27699-1612 RECE WE D Attn: Brenda M. Harris MAR 13 2006 Dear Mr. Simmons: LAND,QUAKY SECTIQN The U.S. Fish and Wildlife Service has reviewed the project advertised in the following mining permit application. Due to staff and funding constraints, we are unable to adequately address the subject proposal at this time. Therefore, we are taking no action on the following mining permit application. APPLICANT COUNTY NOTICE DATE DUE DATE Judson T. Whitehurst Pitt 02-22-06 03-17-06 We appreciate the opportunity to provide comments on the subject proposal. Should you have any questions regarding these comments,please contact Mr. Mark D. Bowers at (919) 856-4520, extension 19, or at the above address. S' Jejamin, PetEcrvices Supervisor cc: NMFS, Beaufort,NC EPA, Atlanta, GA WRC, Raleigh,NC Log In#: DPR/RRS Mining Permit Application Review RRS Contact: �"� Name of project; l i County: '. Proposed activity is _ is rtotWthin 5 6niles of a pubfic park or recreation area. If yes, identify the park: : �« Manager/agency name: RECEIVED (contact name): MAR 09 2006 (phone; fax): LAND QUALITY SECTION (e-mail): //>> sgi y),� Review conducted by: 1lLw Date: /l' ex PLEASE RETURN APPLICATION MATERIALS WITH YOUR REVIEW/COMMENTS. YOU CAN ALSO E-MAIL YOUR COMMENTS TO: Ad rienne.McCoi gAncmail.net THANKS! Return form and materials to: Adrienne McCoig DENR/Division of Parks&Recreation 1615 MSC Raleigh,NC 27699-1615 (Please Print on COLOR Paper) Parks & Recmation Parka& Rec readon MAR 062006 MAR 0 6 2W6 Admin-Dir Office Admin-Dir Oft \Q0J NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D.Simons,PG,PE Michael F.Easley,Govemor Director and State Geologist February 22, 2006 William G. Ross Jr.,Secretary Mr. Judson T. Whitehurst 802 Recycling Lane Greenville, NC 27834 RE: Application Received: February 21, 2006 Pitt County Tar-Pamlico River Basin Dear Applicant: A cursory review has been completed on the information you submitted for 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 ATTACHED CHECKLIST HAVE BEEN FULLY ADDRESSED. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 Please contact me at (919) 733-4574 if you have any questions. Sincerely, Kristin Hicklin Assistant State Mining Specialist Land Quality Section Enclosures cc: Mr. Pat McClain, PE 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 Opportunity 1 Affirmative Action Employer—50%Recycled l 10%Post Consumer Paper MINING CHECKLIST FOR ROUTING Applicants Name. Project Name: Applic./Permit No.: County: t' r {{ Date Received: 1/ II � Reviewer: �y J�it i iC k ((�A River Basin Name: n �r Paw- 1 C 0 Mew ❑Renewal ❑ Modification (inside permit boundaries) modification (outside permit boundaries) ❑Transfer ❑Release ❑Partial Release ❑Additional Information ❑Fee Needed: $ r-VFCC Received: Please route entire application package to: \�� Regional Office (2 complete copies;attach the`LQ5 Regional 6fficc Mining Application Review Checklist"to one copy and attach bah the DWQ and AQ "Mining Application Review Form"to the other copy; send both cop' s the.Regional Engineer) 11 Date: Route Rec'd *106ion of Water Resources Date: Routed Rec'd p NC Wildlife Resources Commission Date: Routed Rec'd 9U5 Fish &Wildlife Service Date: Routed Rec'd (Only new applications and modification requests that add land to the permit) O Division of Parks & Recreation Date: Routed a asP-'k1cc,d 2 NC Geological 5urvey 5ection Date: Routed 1 Rec'd (Only new applications and modification requests that add land to thp mit) Division of Archives & History Date: Routed a . 1 e111d (Only new applications) Other j 1. (, , _> Date: Routed Rec'd "5u5penoe Date for Cornrrlerlt5:?) - 19-() 0(no later than 25 days from receipt) 'lease note the following: d� i V ( ; _ L t4 A*On a NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G.,P.E. Michael F.Easley,Governor Director and State Geologist February 22, 2006 William G.Ross Jr.,Secretary MEMORANDUM TO: Mr. Mike Street, Chief Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harris A;�# Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Judson T. Whitehurst Whitehurst Sand Mine Pitt County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 17, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 NCDENR ' North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G.,P.E. Michael F.Easley,Governor Director and State Geologist William G. Ross Jr.,Secretary February 22, 2006 MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Judson T. Whitehurst Whitehurst Sand Mine Pitt County Please find attached for your review a copy of the mining application request for the above referenced project. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 1ftp/ 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 February 22, 2006 William G. Ross Jr.,Secretary MEMORANDUM TO: Mr. Peter M. Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Judson T. Whitehurst Whitehurst Sand Mine Pitt County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 17, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574 I FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 NCDENR' North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons,P.G.,P.E. Michael F. Easley,Governor Director and State Geologist February 22, 2006 William G.Ross Jr.,Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Judson T. Whitehurst Whitehurst Sand Mine Pitt County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 17, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 `•r 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 February 22, 2006 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 Application for Judson T. Whitehurst Whitehurst Sand Mine Pitt County ❑ Mine Dewatering Proposed ® No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 17 , 2006 so that we may complete our review of this request within our statutory time limits. Any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 -919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 \4wJ 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 February 22, 2006 William G.Ross Jr.,Secretary MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for Judson T. Whitehurst Whitehurst Sand Mine Pitt County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by March 17, 2006 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms. Kristin Hicklin at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 •919-733-4574/FAX: 919-733-2876 512 North Salisbury Street,Raleigh,North Carolina,27604 NCGS Mine Permit Application Review Checksheet Application ID _ O LQS Complete This Section Attach Pages 1.3 of Mine Permit Application Mine Name %11V`�,� �S Company Name ;�s•t�� VJ�c �-e- v-z� Date Due LQS Permit Type: New-Renewal ~ (� Modification-Transfer; NCGS Complete This Section Commodity Geochemistry Hazardous County Minerals 7.5'Quad Subsidefice Lat(DecDeg) Long(DecDeg) Slope Stability 1985 Geologic Seismic Hazard Map Unit Hydrogeology Other Geologic Map Unit Mineral Resources Lithology: Flood Plain Deposits Comments Comments (Cont'd) Note: Seismic hazard value Is the peak horizontal acceleration with a 10%chance of exceedence in 50 years. Reference value is firn bedrock,actual site conditions may vary. Source-National Seismic-Hazard Maps Documentation,.Tune 1996, U.S.Geological Survey Open-File Report 96-532(hftp://gldmaps.0l.cr.usgs.gov/selshaz/pgal 0.htmI). Record No 1 W 3000 Reviewerl ComplDatel' Reviewer ComplDate2 NCGS Mine Review Checksheot-Database Rev.2 11128100 C&D Landfill,Inc. 001EIANKFirst 1452 802 Recycling Lane IRR•S CMZENS Greenville,NC 27834 Citizens Bank&Trust Company Phone:(252)752-8274 66-30/531 2/15/2006 440 PRYER THEof Division of Environment&Nat. Resources $ **1,000.00 Y One Thousand and DOLLARS a s Permit Application Fee %UTHORIZED-SIGNATURE MEMO - -11■00 i 4 5 2t1' RECEWED FFR 21 2906 LAND QUALITY SECTION NORTH CAROLINA MINING PERMIT APPLICATION state of North Carolina Department of Environment And Natural Resources Division of Land Resources Land Quality section 1612 Mail service Center Raleigh , North Carolina 27699-1612 (919) 733-4574 1 r ��� • • � � �. � 4 � t 5• ( • • .-., Ir NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Name of Mine Whitehurst Sand Mine County Pitt River Basin Tar Latitude(dd.mm.ss) 35.37.30 Longitude(dd.mm.ss) 77.11.00 2. Name of Applicant* Judson T. Whitehurst 3. Permanent address for receipt of official mail** 802 Recycling Lane Greenville, N.C. 27834 Telephone 252-752-8274 4. Mine Office Address 802 Reccling Lane Greenville,N.C. 27834 Telephone 252-752-8274 5. Mine Manager Judson T. Whitehurst We hereby certify that all details contained in this Permit Application are true and correct to the best of our knowledge, We fully understand that any willful misrepresentation of facts will be cause for permit revocation. ***Signs a Date 02/15/06 Print Name Judson T. Whitehurst Title Owner * This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. *** Signature of company officer required. G.S. 74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held, within 30 days following the hearing and the filing of any supplemental information required by the Department. All questions must be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. -1- ..� *M01 APPLICATION FOR A MINING PERMIT ■ NOTE: All of the following questions must be thoroughly answered with regards to your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding, detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE Answer all of the following that apply: 1. a. If this is an application for a NEW permit, indicate the total acreage at the site to be covered by the permit(this is the acreage that the"new permit" fee will be based upon): 315.8 Of this acreage,how much is owned and how much is leased? Acres owned: 315.8 acres leased: Property owner if leased: b. If this is an application for RENEWAL of a mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage(this is the acreage that the "renewal" fee will be based upon): c. If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes_No_. If yes,indicate the acreage to be covered by this modification(this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes No . If yes, indicate the additional acreage to be covered by this modification: (NOTE: you must complete all of Section F. of this application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (disturbed, ground cover removed)by the mining operation? Yes No (if no,a"minor modification" fee of$50.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit(the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): d. If this is an application for TRANSFER of a mining permit,indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage: ■ SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S)AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand and Topsoil 3. Mining method: Hydraulic Dredge X Front-end Loader&Truck Shovel &Truck X Dragline&Truck Self-loading Scraper X Other(explain) -2- .,i ... APPLICATION FOR A MINING PERMIT 4. a. Expected maximum depth of mine(feet) 22 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) natural around level b. Expected average depth of mine(feet) 20 5. Has any area(s) at this site been mined in the past? Yes No X If yes, when and by whom was this activity conducted? 6. Number of years for which the permit is requested(10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6) copies of a 7.5 minute quadrangle and a county highway map. These maps, in addition to six (6) copies of all mine maps and reclamation maps,must be submitted with each permit application. - 7.5 minute quadrangles may be obtained from: N.C. Geological Survey NCDENR 1612 Mail Service Center Raleigh,North Carolina 27699-1612 (919) 715-9718 - County highway maps may be obtained from: Location Department State Highway Commission Raleigh,North Carolina 27602 (919) 733-7600 -3- APPLICATION FOR A MINING PERMIT 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage. As a reminder,mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a min. m: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones(both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams,rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map. p. Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway; creek, stream,river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s). NOTE: "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q. Map legend: 1. Name of applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0-99 Acres 1 inch= 50 feet 100-499 Acres 1 inch= 100 feet 500+Acres 1 inch=200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -4- \i, 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. Install gravel construction entrance. Install vegetated earthen berm around perimeter of area to be Excavated. Excavate sand and topsoil. Install 3:1 slopes along perimeter of excavation. Permanently Seed and mulch all disturbed areas. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-sections/construction details of each measure. Engineering designs and calculations shall be required when needed to justify the adequacy of any proposed measures. Install gravel construction entrance. Install vegetated earthen berm around area to be excavated. Excavate sand and topsoil. Install 3:1 slopes around perimeter of mine. Permanently seed and mulch all disturbed areas. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water handling? Yes No X . 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 a point discharge to the waters of the State?Yes No X . 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). -6- 14W APPLICATION FOR A MINING PERMIT c. Will any part of the proposed mine excavation(s) extend below the water table? Yes X No . If yes, do you intend to dewater the excavation(s)? Yes No X . 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 conclusions or statements made, including any monitoring well data, well construction data and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. 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. No blue line streams exist within perimeter of mine excavation area. Area is to be wet mined. No water will be pumped from excavation. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes No X If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. _ b. How will dust from stockpiles, haul roads, etc.,be controlled? Dust will be controlled by wetting haul roads with truck mounted sprayer. -7- iWo 44WO APPLICATION FOR A MINING PERMIT 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be an unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site? A minimum buffer of 25 feet is recommended, although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A 150 feet wide buffer(minimum)will be maintained between any mining activity and any mining permit boundary or right of way. b. A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site? Show all buffer locations and widths on the mine map(s). A 50 foot wide (minimum)undisturbed buffer will be maintained between any land disturbing activity and any natural water courses or wetlands. 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 I vertical slopes or flatter for sandy material are generally required,unless technical justification can be provided to allow steeper slopes. Minimum 3 horizontal to I vertical slopes will be installed along the perimeter of the mine excavation. APPLICATION FOR A MINING PERMIT b. Provide a cross-section on the mine maps)for all fill slopes(berms, wastepiles, overburden disposal areas, etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains(with supporting design information) if needed, and the method of final stabilization. See mining map. c. In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). Angle of cut slopes will be 3 horizontal to 1 vertical. d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches, and the expected maximum depth of the excavation. Not applicable. 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. No houses,public roads,public, commercial or industrial buildings are located within 300 feet of proposed mine excavation area. 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). A vegetated earthen berm will be installed prior to excavation of any part of the site. -10- APPLICATION FOR A MINING PERMIT 9. Are acid producing minerals or soils present? Yes No X . How will acid water pollution from the excavation, stockpiles and waste areas be controlled? 10. a. Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location of all visual screening on the mine map(s)and provide cross sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The operation will be screened from public view by existing vegetation(trees)that will remain Undisturbed. b. Could the operation have a significantly adverse effect on the purposes of a publicly owned park, forest or recreation area? If so,how will such effects(i.e.,noise,visibility, etc.)be mitigated? No public owned park, forest,or recreation area exists adjacent to the mine. 11. Will explosives be used? Yes No X . If yes,specify the types of explosive(s)and describe what precaution(s) will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third- party blasting study). Locate the nearest offsite occupied structure(s) to the proposed excavations) on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks, solvents,or other chemical reagents be stored on-site? Yes No X Ifyes, describe these materials, how they will be stored and method of containment in case of spill. Indicate the location(s) of all storage facilities on the mine map(s). -11- `. ..i APPLICATION FOR A MINING PERMIT D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land. This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion, siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information, including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s) of all permanent channels must be indicated on the reclamation map. Final reclaimation will be accomplished by the installation of 3 horizontal to 1 vertical slopes along The perimeter of the mine excavation. Existing haul road will remain in place. All disturbed areas will be permanently seeded and mulched. 2. Is an excavated or impounded body of water to be left as a part of the reclamation?Yes X No If yes, illustrate the location of the body(s) of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s) of water. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? Yes No X . If yes, specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left. Acceptable permanent barricades are appropriate fencing, large boulders placed end-to-end, etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. No excavations in rock. -12- lq� 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. Overburden,refuse, spoil banks,or other such temporary on site mine waste areas will be sloped at 4 Horizontal to 1 vertical and will be permanently seeded and mulched. 5 a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. No processing facilities are planned for this site. Any stockpile areas will be sloped and permanently seeded and mulched. b. Will any on-site roadways be left as part of the reclamation? Yes X No . If yes, identify such roadways on the reclamation map and provide details on permanent ditch line stabilization. Ditch lines and shoulders will be permanently seeded and mulched. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971). No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environment and Natural Resources,Land Quality Section and either the Division of Waste Management(DWM)or local governing body. If a disposal permit has been issued by DWM for the site, a copy of said permit must be attached to this application. All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps)and reclamation map, along with a list of items to be disposed in said areas. All waste product will be disposed of off site at appropriate landfill(s). -13- llq� APPLICATION FOR A MINING PERMIT 7. Describe your plan for revegetation or other surface treatment of the affected areas. This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed, fertilizer, lime and mulch per acre. The recommendations must include general seeding instructions for permanent revegetation and,if necessary,temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the Division of Forest Resources, Department of Environment and Natural Resources; c. Authorized county representatives of the North Carolina Cooperative Extension Service, specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the Division of Forest Resources, Department of Environment and Natural Resources; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual: A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. LIME -RATE OF APPLICATION(tons/acre): FERTILIZER-ANALYSIS AND RATE OF APPLICATION(pounds/acre): SEED - TYPE (S) AND RATE (S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE(pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: See attachment. MULCH-TYPE AND RATE OF APPLICATION(pounds/acre)AND METHOD OF ANCHORING: See attachment. OTHER VEGETATIVE COVERS—TYPE (S)AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE(pounds/acre,trees/acre, spacing of trees/shrubs, etc): Revegetation and/ orestation plan approved by: Signature "7- Date Print Name Dann /R. Taylor,10 P.E. Title District Engineer Agency NC Department of Transportation -14- l��-Dd?' S eat �iG4�"•'ar•f) All Areas s March 1 -August 31 � September 1 —February 28 50# Tall Fescue 50# Tall Fescue 5# Centipede 5# Centipede 259 Bermudagrass (hulled) 35# Bermudagrass (unhulled) 500# Fertilizer 500# Fertilizer 4000# Limestone ' 4000# Limestone lY►vjc� 0�.1y -T'oaG � '��c rs►i^ r-wW p,� AN s-►Y«v fvi f.e,6 e, riw tJ j e.�, /�K Gke - b G Goi.'r'�o� N.aytrta�� J Approved Tall Fescue Cultivars: Adventure Adventure 11 Amigo Anthem Apache Apache Arid Austin Brookstone Bonanza Bonanza ll Chapel Hill Chesapeake Chieftain Coronado Crossfire 11 Debutante Duster Falcon Falcon 11 Finlawn Petite Finelawn Finelawn I Genesis Grande Guardian Houndog Jaguar Jaguar III Kentucky 31 Kitty Hawk Monarch Montauk Mustang Olympic Pacer Phoenix Pixie Pyramid Rebel Rebel Jr. Rebel 11 Renegade Safari Shenandoah Tempo Titan Tomahawk Trailblazer Tribute Vegas Wolf ack Wrangler � `ad APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, or each aspect of the mining operation, that you intend to affect durin the he life of this minim permit(in addition,please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application,form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 0.6 Ac. X $ 1800 /Ac. _ $ 1080 Mine Excavation: 191.6 Ac. X $ 500 /Ac. _ $ 95,800 Other: Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.: 192.2 Ac. (TOTAL PERMITTED AC.: 315.8 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 191.6 Ac. b) Positive Drainage 0.6 Ac. X $15500.00 = $ 900 SUBTOTAL COST: $ 97,780 Inflation Factor: 0.02 X SUBTOTAL COST: $ 1956 X Permit Life(1 to 10 years): 10 INFLATION COST: $ 19,556 TOTAL COST = SUBTOTAL COST + INFLATION COST = $ 117,336 Total Reclamation Bond Cost: $ 117,300 (round down to the nearest$100.00) -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: (1) the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s); and (3) all owners of record, both public and private, of all tracts of land that are adjoining the mining permit boundary which lie directly across and is contiguous to any highway; creek,stream,river, or other watercourse; railroad track; or utility or other public right-of-way; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary) as indicated on the mine map(s). "Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Land Resources. A copy of a tax map (or other alternative acceptable to the Department)must be mailed with the completed "Notice" form (the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification" attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form,before the application will be considered complete. 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" -16- lv ' NOTICE Pursuant to provisions G.S. 74-50(bl)of The Mining Act of 1971,Notice is hereby given that Judson T. Whitehurst has applied on 02/15/06 (Applicant Name) (Date) to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center, Raleigh,North Carolina 27699-1612, for(check one): (a) a new surface mining permit❑ (b) a modification of an existing surface mining permit to add land to the permitted area❑ The applicant proposes to mine Sand on 315.8 acres located 1.2 (Mineral, Ore) (Number) (Miles) east of Pactolus off/near road US 264 (Direction) (Nearest Town) (Number/Name) in Pitt County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S. 74-50(b 1), the mine operator is required to make a reasonable effort to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified (that are within 1,000 feet of the mining permit boundary). In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S. 74-51, a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials are on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office. For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: 252-752-8274 For information on the mining permit application review process,please contact the Mining Program staff at 733-4574. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Judson T. Whitehurst (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) &Company Name,if Applicable) 02/16/06 802 Recycling Lane/Greenville,NC 27834 (Date of Issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -17- ADJOINING PROPERTY OWNERS William Alligood 2815 VOA Road Washington, N.C. 27889 H & S Land LLC P. O. Box 8159 Wilson, N. C. 27893 W. R. Edwards 633 Edwards Lane Greenville, N. C. 27834 Bruce R. Tripp, Jr. 5130 US 264 E Greenville, N. C. 27834 Davenport Farms, Inc. 5961 US 264 E Greenville, N. C. 27834 EJE Recycling, Inc. 802 Recycling Lane Greenville, N. C. 27834 Thomas F. Buckman 514 Fairview Avenue Washington, N. C. 27834 Bryan W. Buckman 6500 US Hwy 264 Greenville, N. C. 27834 William Morrison Graham 101 Lakewood Drive Greenville, N.C. 27834 1 S (a) a L..r� r s' .DUI s�� �,,no uanba rAT3 "d 'M r)1-7 `"-I S8H vvw o9 •M'4 3'Fez sn -3-r9z ss� r 0. 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