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HomeMy WebLinkAbout20230706 - Signed Mine Permit Application NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTE: It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE- APPLICATION MEETING to discuss your intentions and address any questions. 1. Name of Mine Butler Mine County Pender River Basin Cape Fear Latitude(decimal degrees to four places) 34.3762 Longitude(decimal degrees to four places) -78.0252 2. Name of Applicant Landsdown Earth and Pipe, Inc. Applicant Contact Vincenzo Labarbera Consultant Contact DDS, Inc.- Michael Blakley Applicant Email Iabar100@aol.com Consultant Email draftinganddesign@ymaii.com I Telephone (704) 753-5400 Telephone (919) 499-8759 Cell Phone Cell Phone 3. Permanent Address for Receipt of Official Mail** 3949 Blue Banks Loop Road - Leland, NC 28451 I 4. Mine Office Address 5. Mine Manager Vincenzo Labarbera Mine Manager Email Iabar100@aol.com Telephone (704) 753-5400 Cell Phone i I 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*** DateZZ0_ Print Name Vincenzo La6rbera Title President *This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. **The Division of Energy,Mineral,and Land Resources must be notified of any changes in the permanent address or telephone number. ***Signature of company officer required. G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or,if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information required by the Department.All questions must be addressed,and all required maps provided before this application can be considered complete.Attach additional sheets as needed. Revised September 21, 2021 P a g e l NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral, and Land Resources (919)707-9220 NOTE:All the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine.All responses must be clearly conveyed on a corresponding,detailed mine map. A.GENERAL CHARACTERISTICS OF THE MINE 1. Answer all the following that apply: ❑ This is an application for a NEW permit. Indicate the total acreage at the site to be covered by the permit 452.0 acres (This is the acreage the new permit fee will be based upon.) Of this acreage,how much is owned and how much is leased? Acres owned: 450.50 Acres leased: Property owner if leased: F-1 This is an.application for a MODIFICATION to a mining permit. Mining Permit Number: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? -1 F YES �NO If yes,indicate the acreage to be covered by this modification Does the modification involve acreage outside the previously approved permitted boundary. FIYES F]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 ` r Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover C removed)by the mining operation? FIYES FINO If yes,indicate the acreage to be affected within the acreage to be added to the permit C The modification fee is based upon the proposed new affected acreage within the previously k p p P 9 p Y approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. F-1 I; This is an application for TRANSFER of a mining permit. t° f Mining Permit Number: Total permitted acreage: f C E I Revised September 21, 2021 P a g e t NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: I 3. Mining Method: Hydraulic Dredge Front-end Loader&Truck Shovel&Truck 0 Dragline&Truck Self-loading Scraper Excavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet) 45 Depth is relative to what benchmark?(e.g., natural ground level,mean seal level, road elevation,etc.) Ground level Expected average depth of mine(feet) approximately 30 ft 5. Has any area at this site been mined in the past? YESFJ NO If yes,when and by whom was this activity conducted? 6. Estimated life of the operation(years): 10 NOTE:The Department may request clarification on how life of mine was calculated. C Revise Se er 21 2 21 d tem p b 0 Page 3 4 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 B.MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county highway map.These maps,in addition to six(6)copies of all mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C.Geological Survey: Mailinq Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,5t"Floor Raleigh,NC 27699-1612 Raleigh,NC 27604 Htti)://r)ortal,ncdenr.org/web/Ir/geological home (919)733-2423 County highway maps may be obtained from the N.C.Department of Transportation: Mailing Address Physical Address NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,NC 27699-1587 Raleigh,NC 27610 http://www.ncdot.Lq/it/g'is (919)212-6000 2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,waste piles,processing areas/haul roads, mine excavations and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit.A table/chart similar to the following will be acceptable: AFFECTED ACREAGE TABLE: For new permits,complete only the total affected acreage column. For modifications,complete all columns. CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED ACREAGE AFFECTED ACREAGE ACREAGE Tailings/Sediment Ponds 2.50 Included in Pit Stockpiles 3.00 Included in Pit f Waste piles 0.00 Processing Areas/Haul Roads 5.43 E; Mine Excavations 74.33 Other(Please explain) 8.83 Total Affected Acreage g 88.60 Total Permitted Acreage 452.00 Revised September 21, 2021 P a g e 4 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 3. Mine maps must be accurate and appropriately scaled drawings,aerial photographs,or enlarged topographic maps of the entire mine site.All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage.Thus,all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient to clearly illustrate the following, at a minimum: a) Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b) Existing or proposed permit boundaries with geographic controls(e.g.metes and bounds,coordinates)labeled c) Initial and ultimate limits of clearing and grading d) Outline and width of all buffer zones(both undisturbed and unexcavated) e) Outline and acreage of all pits/excavations fl Outline and acreage of all stockpile areas g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all processing plants(may be described as to location and distance from mine if sufficiently far removed) i) Locations and names of all streams,rivers,and lakes j) Outline and acreage of all settling and/or processing wastewater ponds k) Outline and acreage of all planned and existing access roads and on-site haul roads 1) Location of planned and existing on-site buildings m) Location and dimensions of all proposed sediment and erosion control measures n) Location of 100-year floodplain limits and wetland boundaries o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary must be provided on the mine map. p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s).NOTE:"Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q) Map legend 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0—49 acres 1"=50' 50—199 acres V=100' 200+acres 1"=200' NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items. NOTE:In addition to the above,the maps must also include any site-specific information that is provided in the answers to the following questions(italicized questions/statements)in this application form.This application will not be considered complete without all relevant items being adequately addressed on the mine maps. Revised September 21, 2021 P a g e s f r NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C.PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s).Attach additional sheets as needed. The proposed operation will involve the removal of sand and gravel by dragline or long reach excavator. Mining will begin at the southern end of the site and progress north towards the plant area. Mined material will be placed into trucks and hauled to the plant site for material screening. No Mining activities will commence until all erosion and sedimentation control measures have been installed and maintained. In addition to the erosion and sedimentation control measures, the mine excavation, plant and stockpile area, and visual screening berms will be located as shown on the attached mining plan set. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads, and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures.Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-sections/construction details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. Erosion and sedimentation control measures have been proposed throughout the project area to protect surrounding properties. These include a paved construction entrance, buffer zones, perimeter silt fence with silt fence outlets,temporary diversions, earthen berms for screening as well as sediment containment, and temporary sediment basins throughout the site that will be maintained until it has been removed by mining and all runoff directed into the mine excavation.All erosion and sedimentation control are shown on Sheet C4. The installation and removal of all erosion and sedimentation control measures are specified within the construction sequence also provided on Sheet C4.The skimmer basin and all diversion have been designed using a 25-year design storm event,the design calculations along with the construction and maintenance details of which are provided on Sheet C11-C19. 3. A)Will the operation involve washing the material mined, recycling process water,or other wastewater handling? I' YES �NO If yes,briefly describe all such processes including any chemicals to be used. By nature of the removal of sand and gravel from below the water table within the mine excavation,the material will be wet with some drainage occurring back into the mine excavation when the material is placed on the ground prior to being loaded into a haul truck.Thus,the material will be moist while in the haul truck during transport to f the plant area.A mobile screen will be used to screen the material into different product sizes,and to remove any organics that may exist.Some water from the mine excavation will be added during this process to reduce the potential for dust.The minor amount of water used to reduce dust potential in the plant area will be contained �= within the perimeter berm system and allowed to naturally infiltrate into the ground. B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? I YES —]NO If yes,briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of stabilization)on the mine map(s). During the initial clearing of the project area, sediment basins with temporary diversions will be used to capture stormwater runoff along with perimeter silt fence that has silt fence outlets located in low points in existing topographer.Any dewatering during the initial excavation that may be required to create the initial pit area shall be discharged through silt bags. The site will be excavated by dewatering the active excavation area into the previously excavated area/no outlet sediment basins proposed in the phase areas.The active excavation areas and previously excavated areas will be separated by temporary berms/dams between the wet and dry areas. Once these areas are complete the temporary berms/dams are to be dug out to connect the pit areas. Revised September 21, 2021 P a g e ( 6 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 C)Will any part of the proposed mine excavation(s)extend below the water table? YES NO 1^1If yes,do you intend to dewater the excavation(s)? YES � NO 3 200 000.00 Estimated withdrawal rate in gallons per day: > If yes,what impact, if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine maps)that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statement made, including any monitoring well data,well construction data, and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. The estimated depth of the mine will be 40 feet+/-with the water table depth to be estimated at 5-6 feet below the natural ground surface. The mining process of pumping the active excavation area to previously excavated areas with the separation of temporary berms/dams will result in no discharging of the water in the mine. This process has been used on a previous mine operated by the applicant that has not impacted area streams, wetlands or public water supply wells. This project has been registered in the Dewatering Program through the f Department of Water Resources. D) If you answered yes to any of the above questions,provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge, NPDES,Stormwater,etc.)from the Stormwater Program. In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources,Ground Water Management Branch,if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. t A NPDES permit has been applied for for the initial construction as stated previously. This project has been registered in the dewatering program through DWR for track water use for the project. I; r. I. 4. A)Will the operation involve crushing or any other air contaminant emissions? YES NO 1^1If 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. A mobile sand screen will be used to screen the material into different product sizes,and to remove any organics that may exist.Water from the mine excavation will be added during this process to reduce the potential for dust.A letter and an accompanying projected emissions spreadsheet have been submitted to DAQ Wilmington Regional Office for review.We are requesting a permit determination by DAQ to confirm that a DAQ permit is not required for the use of the specified mobile sand screen given that the project level of emissions to DAQ is below the threshold where a permit is required.An attachment of the DAQ submittal documents is attached to this application. B)How will dust from stockpiles,haul roads,etc.,be controlled? I: The access road, stockpiles, mobile sand screen, and internal haul roads will be sprayed with water from the mine excavation several times a day, as needed, to control fugitive dust. i i G Revised September 21, 2021 P a g e l i NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of-way. It may be an unexcavated buffer(no excavation,but roadways,berms,and erosion&sedimentation control measures may be installed within it),an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two, depending upon the site conditions.Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). A proposed 50-foot minimum undisturbed buffer with an additional 50 foot wide by 6-foot-high vegetated earthen berm will provide an overall vegetated buffer of 100 feet between mining related activities and any mining permit boundary. c 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. i 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 minimum undisturbed buffer with an additional 50-foot by 6-foot-high vegetative earthen berm will provide an overall vegetated buffer of 100 fett between mining related activities and the majority of any neighboring stream or wetland. The exceptions to this will be a 30 foot wide undisturbed buffer with a double row of silt f'f fence and silt fence outlets between this buffer and a 20 foot wide vegetated earthen berm, where jurisdictional wetlands protrude into mineable reserves. Wetlands and buffer will be flagged to maintain that wetlands will not be impacted. 6. A)Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. f 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. Removal of sand from below the water table within the active mine excavation will result in the side slopes reaching their natural angle of repose. However, any excavation that occurs above the water table will be conducted at a 3 horizontal to 1 vertical or flatter slope. i B)Provide a cross-section on the mine maps)for all fill slopes(berms, waste piles, overburden disposal areas,etc.), clearly indicating the intended side slope gradient,installation of any benches and/or slope drains(with supporting design information)if needed, and the method of final stabilization. Cross-sections and labels defining a minimum slope of 3 horizontal to 1 vertical or flatter for all fill slopes have been provided in the mining plan set.The method of final stabilization for all fill slopes and other areas affected by the mining operation are provided in Sheets C8 and C10 to protect their integrity and promote slope stability. Revised September 21, 2021 P a g e s I: NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 C) In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). The cut slopes of all excavated diversion ditches and walls of the sediment basin will be maintained at a minimum of 2 horizontal to 1 vertical or flatter. The cut slopes around the perimeter of the mine excavation will be maintained at a minimum of 2 horizontal to 1 vertical or flatter.All cut slopes and other areas affected by the mining operation will be stabilized with vegetation as indicated on Sheet C12 to protect their integrity and promote slope stability. 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. There are no hard-rock excavations planned for this mining operations. I r 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling, house, public road,or public,commercial or industrial building from any mine excavation.Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. k A lockable gate will be maintained at the sites entrance to prevent access by I, others outside of normal business hours. Vegetated earthen berms are also provided around the entire perimeter of the mining operation to prevent inadvertent entry. 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 r indicated on the mine map(s). A lockable gate will be maintained at the site's entrance to prevent access by others outside of normal business hours. Vegetated earthen berms are also provided around the entire perimeter of the mining operation to prevent inadvertent entry. L, 9. Are acid roducing minerals or soils present? YES �NO i If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled? A C I, c f Revised September 21, 2021 P a g e 9 is i NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 10. A)Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures. Show the location of all visual screening on the mine maps)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Vegetated earthen berms will be constructed and stabilized with vegetation around the entire perimeter of the mining operation to screen the operation from 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? There are no known publicly owned parks, forests, or recreation areas in close proximity to this proposed mining operation. r` 11. Will explosives be used? FIYES IN NO If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures, more detailed technical information may be required on the blasting program(such as a third-party blasting study). Locate the nearest offsite occupied structures)to the proposed excavations)on the mine map and indicate its approximate distance to the proposed excavation. C 12. Will fuel tanks,solvents,or other chemical reagents be stored on-site? IYES �NO If yes, describe these materials,how they will be stored and method of containment in case of spill.Indicate the location(s)of all storage facilities on the mine map(s). Fuel tanks will be stored on site and it will be a double wall tank within a f secondary containment (concrete/composite style). There will be no solvents or chemicals reagents stored on-site. If these are required at the site they will be stored off-site and brought to the site when required. See sheet C16 for fuel tank f and secondary containment detail. 4- I: c P= Revised September 21, 2021 Page 10 E E, NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information,including typical cross-sections, of any permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map. Upon completion of mining activities, the mine excavation will be reclaimed as a lake and the remainder of the site will be reclaimed as outlines in the Reclamation Plan on Sheet C9. This includes removal of any mining related equipment, grading of any affected areas to avoid ponding of noxious or foul water, achieving final slopes around the mining excavation, maintaining vegetated berms along the perimeter of the site for safety purposes, and establishing a permanent.ground_cover using native species throughout the site. 2. Is an excavated or impounded body of water to be left as part of the reclamation? IAI YES FIN 0 If yes,illustrate the location of the body(s)of water on the reclamation map and provide a scaled cross-sections) through the proposed body(s)of water.The minimum water depth must be at least 4 feet,measured from the normal low water table elevation, unless information is provided to indicate that a shallower water body will be productive and beneficial at this site. The final lake depth will be at least 4 feet throughout with an average depth of approximately 25 feet.See Reclamation Plan on Sheet C8 for more detailed information. Will the body(s)of water be stocked with fish? FIYES �1\10 If yes,specify species. i 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. There will be no excavations in rock at this mine site. c Revised September 21, 2021 Page 11 I; l NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping.Final cross-sections and locations for such areas must be provided on the reclamation map. The visual barrier berms proposed around the entire perimeter of the mining operation will be approximately 3 feet tall and 20 feet wide at the base along wetlands boundaries and 6 feet tall and 50 feet wide at the base with a minimum of 3 horizontal to 1 vertical slope as shown on Sheet C4. In addition, these berms will be stabilized with temporary and permanent ground cover as outlined on Sheet C12. i 5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways. The mobile sand screen and all other mining related equipment will be removed from the mine site. Stockpiles will be removed form the site and the remaining footprints of all stockpile and other work areas will be graded level with surrounding natural ground elevation and permanently stabilized as outlined in the Reclamation Plan on Sheet C9 and the seeding schedules provided on Sheet C12. All on-site roadways and the lockable entrance gate will remain to allow ongoing access to the property. B)Will any on-site roadways be left as part of the reclamation? X-1 YES FINO If yes,identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. All on-site roadways and the lockable entrance gate at the site entrance will remain to allow ongoing access to the property. 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.) �I r No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality,Division of Energy,Mineral,and Land Resources and either the Division of Waste Management(DWM)or local governing body.If a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application.All temporary and permanent refuse disposal I areas must be clearly delineated on the mine map(s)and reclamation map, along with a list of items to be disposed in said areas. Any refuse (trash, debris, etc.) that is generated onsite will be removed from the ! site and properly disposed at an offsite permitted landfill as it is generated during C the active mining operation. C No land clearing and inert debris or recyclable concrete will be brought onto the site unless proper approvals have been obtained from both the Division of Waste Management and the Division of Energy, Mineral, and Land Resources via a mining permit modification prior to commencement of such activity as I required in the currently issued mining permit. As stated earlier, all mining related equipment will be removed from the site at the end of the active mining operation. Revised September 21, 2021 Page 12 i NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed,fertilizer, lime and mulch per acre.The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable.Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C.Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual:A Guide for Permitting,Operation and Reclamation; h. Others as may be approved by the Department. i Lime Rate of Application(tons/acre): Fertilizer Analysis and Rate of Application(Ibs/acre): Seed type(s)and rate(s)of application included year-round seeding schedule(Ibs/acre): NOTE:Include legumes SEED TYPES SEEDING DATES SEEDING RATES i I` Seethe Temporary and Permanent SEedinq Types,Dates and Rates provid on Sheet C10 in the Mining Plans. k I i G : f Mulch Type,Rate of Application(Ibs/acre),and Method of Anchoring: I` c: i G Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(Ibs/acre,trees/ acre,spacing of trees/shrubs,etc.): Revegetation and/or reforestation plan approved by: Signature Date 01/27/2023 Print Name Michael Blakley Title Owner/President Agency Drafting and Design Services, Inc. C k` Revised September 21, 2021 Page 13 I% rr NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit.Please insert the approximate acreage, for each aspect of the mining operation,that you intend to affect during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COST/ACRE COST Tailings/Sediment Ponds 0.00 Ac. X $ 500 /Ac. _ $ 0.00 Stockpiles 0.00 Ac. X $ 1,800 /Ac. _ $ 0.00 I Waste Piles 0.00 Ac. X $ 0 /Ac. _ $ 0.00 Processing Area/Haul Roads 5.43 Ac. X $ 1,800 /Ac. _ $ 97774.00 Mine Excavation 74.33 Ac. X $ 500 /Ac. _ $ 37,165.00 Other 8.83 Ac. X $ 2,000 /Ac. _ $ 17 660.00 TOTAL AFFECTED AC.: 88.59 Ac. TOTAL PERMITTED AC.: Ac. 452.00 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 77.20 Ac. K b) Positive Drainage 11.40 Ac. X $1,500.00 = $ 17,100.00 P<' 81 699.00 SUBTOTAL COST:$ ' Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 81,699.00 X 10 = $ 16,339.80 I 1 Total Reclamation Bond Cost: C_ TOTAL RECLAMATION BOND COST= SUBTOTAL+INFLATION = $'98,000.00 Round down to the nearest$100.00 i NOTE:The reclamation bond cannot exceed$1 million per GS 74.54 I Revised September 21, 2021 Page 14 i is NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 SCHEDULE OF RECLAMATION COSTS Based upon range of$500-$5,000 per affected acre COMMODITY CODES: SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale GS Gemstone FS Feldspar OL Olivine PE Peat Borrow Borrow/fill dirt MI Mica KY Kyanite/Sillimanite/Andalusite AU Gold CS Crushed Stone LI Lithium PH Phosphate TI Titanium OT Other TYPE T/S PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION SG, GS, Borrow $1800/ac. $2000/ac. $1800/ac. 1500(FI) 2000(PD) CS, DS, FS, MI, LI, 500(L) 1800 2000 2000 500(L) PF, OL, KY 1500(FI) 2500(PD) 1000(L) 2000(L) PH 2500 5000 5000 2500(FI) 5000(PD) 1000(L) 2000(L) - C CL 2500 5000 5000 2500(FI) 3700(PD) 1000(L) 2000(L) PE,AU,TI, OT 2500(A) 2500 3000 3500 5000(PD) c (L)=Reclamation to a lake and revegetating side slopes f (FI)=Reclamation by filling in and revegetating (PD)=Reclamation by grading for positive drainage&revegetating AS PER NCAC 15A 513.0003,IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET,YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD-PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center,Raleigh,North Carolina 27699.1612 F ALL ESTIMATES MUST INCLUDE THE FOLLOWING,AS A MINIMUM: •FINAL GRADING COSTS PER ACRE F •LIME AND FERTILIZER COSTS PER ACRE •YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE(FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) •MULCH AND ANCHORING COSTS PER ACRE •ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Revised September 21, 2021 Page ( 15 r c NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 F.NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,return receipt requested,to: (1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s);and (3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy,Mineral,and Land Resources. C I 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. f NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION" G; f I` i F i` f' Revised September 21, 2021 P a g e ( 16 1 F NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(b1)of The Mining Act of 1971, Notice is hereby given that Primo Holdings, LLC. has applied on 01/27/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612,for(check one): F7 a new surface mining permit, F1a modification of an existing surface mining permit to add land to the permitted area;or F-1 a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine Sand on 74.30 acres located 12.00 (Mineral,Ore) (Number) (Number) E: miles North of Wilmington off/near road HWY 421 (Direction) (Nearest town) (Number, Name) in Pender county. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(b1),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipalityin which an art of the permitted area is located. Any person may file written comments to the Department at the above address any Y O within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as f 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: (704)753-5400 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. (see attached list of names and addresses used here) Primo Holdings, LLC. Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 09/30/2022 3214 Summer-field Drive, Monroe, NC 28110 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant G= Revised September 21, 2021 Page 117 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 AFFIDAVIT OF NOTIFICATION Primo Holdings, LLC. ,an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C. Department of Environmental Quality,being first duly sworn,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: Adjoining Landowner Name Address (See Attached List) (See Attached List) L f Attach additional list if necessary. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested,to said office at the following address: kk I` Justin Brantley- Interim Land Use Director 805*S. Walker Street, Burgaw, NC 28425 Chief Administrative Officer Name Address (i.e.:City Manager, County Manager, Mayor,etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1)and 15A NCAC 513.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. ff Signature of Applicant or Agent Date / 4 If person executing Affidavit is an agent or employee of an applicant,provide the following information: � Name of Applicant Primo Holdings, LLC. Title of person executin Affidavit p g Vince Labarbera, Owner/Manager f I: I, , a Notary Public of the County of , State of North Carolina,do hereby certify that Vince Labarbera, Owner/Manager appeared before me this r=; day and under oath acknowledged that the above Affidavit was made by him/her. �s I Witness my hand and notarial seal,this day of 20 Notary: My commission expires: k Revised September 21� a 9 2021 P e 18 � is NORTH CAROLINA MINING State of.North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 G.LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S.74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.74-59. LANDOWNER: APPLICANT: Signature Signature* Print Name Vincen o Labarbera Print Name Vincenzo Labarbera Title(if applicable) Owner/Manager Title Owner/Manager Company(if applicable) Primo Holdings, LLC. Company Landsdown Earth and Pipe, Inc. Address 3214 Summerfield Drive Mine Name Butler Mine Monroe, NC 28110 Telephone (704) 753-5400 Telephone (704) 753-5400 Date Signed 07/06/2023 Date Signed 07/06/2023 *Signature must be the same as the individual who signed Page 1 of this application. One original and five(5)copies of the completed application,six(6)copies of all location maps,mine maps and reclamation maps,and the appropriate processing fee in the form a check or mong order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. i Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220. i Revised September 21, 2021 Page 19