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HomeMy WebLinkAbout20230811_Application or MINING PERMIT TRANSFER CHECKLIST As set forth in G.S. 74-51 of the Mining Act of 1971, a valid mining permit may be transferred from one party to another, provided that the following actions have been completed: One (1) original and one (1) copy of the following are required: °1 AUG 1 1 2023 1) The proposed new permittee must request in writing that the existing permit be transferred and clearly state the new operator's name (company or individual). The propdi'�IdLne -permittee must also indicate that he accepts any and all responsibilities and lig�i�ifi�'sWdhQ'sWct to the Mining Act of 1971. 2) The proposed new permittee must complete the first 3 pages of the mining permit application form. Please be reminded that only the entire (existing) permitted area can be transferred. The Act does not allow transfer of part of the permitted area. 3) Both the landowner of the land covered by the permit and the new proposed permittee must sign the Land Entry Agreement contained in the mining permit application form. 4) An updated mine map must be submitted for the site clearly indicating the items listed under Section B - Maps of the mining permit application form. 5) A letter from the existing permittee must be submitted requesting that the mining permit be transferred to the proposed new permittee. The existing mine name and permit number must be identified in the letter. The original of the following documents are required: 6) A non-refundable $100.00 processing fee must be submitted before the transfer request can be processed. The check must be made out to the Department of Environmental Quality. 7) An acceptable security (performance/reclamation bond) must be submitted by the new permittee to replace the existing bond. Therefore, page 14 of the application form (the bond calculation worksheet) must be completed in order to validate the appropriate bond amount. The new security/bond must be in the same name as the proposed new permittee. In the event the new permittee already has a bond (blanket bond) in full force and effect sufficient to cover the new site, this step will not be necessary. After all of the above information has been received and deemed complete, the transfer of the permit will be finalized. The old permittee will be notified by letter of the effective date of the permit transfer, and, if applicable, the existing bond will be returned. The new permittee will be sent similar notification along with a copy of the transferred mining permit. Please note that until the permit has been transferred to the new permittee, the existing permittee will be held responsible for maintaining compliance with the mining permit conditions For more information, contact the DEMLR Regional Office servicing your area, the Central Office at (919) 707-9220 or at https:Hdeg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- perm its/min i ng-program. Revised October 2020 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 & jW&rJ c�� ,• ,Qe; County 64S River Basin C��,h Latitude(decimal degrees to four ,,/ places) 3 Y 0 Y 7' 371 �� A Longitude(decimal degrees to four places) 1Zo -�O ' Yy'' 141 2. Name of Applicant Im 4 GU, S Applicant Contact Ql0 -389 —��/l Consultant Contact ' A-V w Applicant Email ro's�/ w�•��- 2 _ Consultant EmailW46.,vuj,1. Telephone y ^3�y y Telephone �,(0 -3 V 7— ?� Cell Phone ���,�fig_ ��.1 Cell Phone Permanent Address for Receipt of 3' Official Mail** ,d t AU,, C, `9 4. Mine Office Address /2 3 �T �;/ ,fJp.,• e cc�i� ,�,�� R 5. Mine Manager Mine Manager Email QA.23/94/� Telephone 9`O--3V/_ 7qY9 Cell Phone3�9,054/ y 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*** ADate Print Name ij., d2c • ' f Title ItV-5 van T 1Z *This wiil be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(securim 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 Page 1 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: F-1 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 the new permit fee will be based upon.) Of this acreage,how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: 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? YES FINO If yes,indicate the acreage to be covered by this modification Does the modification involve acreage outside the previously approved permitted boundary? F]YES FNO If yes,indicate the additional acreage to be covered by this modification NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover removed)by the mining operation? -1 nYES NO If yes,indicate the acreage to be affected within the acreage to be added to the permit The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. This is an application for TRANSFER of a mining permit. Mining Permit Number: Total permitted acreage: Revised September 21, 2021 page 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: Sm. � 3. Mining Method: Hydraulic Dredge Front-end Loader&Truck [—]Shoo&Truck Dragline&Truck Self-loading Scraper Offxcavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet) Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.): Expected average depth of mine(feet) SVIL& 5. Has anv area at this site been mined in the past? YES[D'-- NO If yes,when and w7hwas this ctivity conducted? /11 /41 i� 6r y 6. Estimated life of the operation(years):1�,*2 NOTE:The Department may request clarifc on on how life of mine was calculated. Revised September 21,2021 Page 3 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our land or operation during regular business hours for the purpose of making necessary field inspections or investigations a 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 thi land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carr 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:* GV A boAz:� Print Name: W A A/1 Print Name: (Title, if applicable) Company Title: a,4 (If applicable) Address: /-2 3 v Q Company: y ,'ZIP /U Mine Name: W17-104411A o mil! 1141ellg Telephone: (9/4 UY7 Telephone: (ci/4 ) 3`17 19y Date Signed: Date Signed: 91 ..2 p *Signature must be the same as the individual who signed Page 1 of this application. One original and rive(5)copies of the completed application,six(6)copies of all location maps,mine map: and reclamation maps,and the appropriate processing fee(see next page for fee schedule)in the form a checl or money order payable to the North Carolina Department of Environment and Natural Resources must b+ sent to the Land Oualitv Section Central Office at the address listed on the front cover of this applicatioi form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff a (919) 707-9220. - 18- - W.R.Willis 123 Tiger Hill Drive Jacksdnville, NC 28546 07/20/2023- , - I am requesting that the Hall town Road mine #67-68_be transferred from W.T.Humphrey to W.R-.WUHs. We will accept any and all responsibilities and - liabilities with respect to the Mining Act of 1971. Thank you,. - W R Willis. 2421 N.Marine Boulevard Jacksonville,North Carolina 28546 Phone: (910)455-3555 Fax: (910)455-8355 1�[.T. HUMPHREY GROUP July 26, 2023 Ronnie Humphrey HCI, Inc. 2421 N.Marine Boulevard Jacksonville,NC 28546 HCI,Inc. Transferred: Mining Permit# 67-68—Halltown Road Mine—Jacksonville,NC 28546 To: W R Willis 123 Tiger Hill Drive Jacksonville,NC 28546 Closing Date: October 24, 2019 �Thhaank�You, Ronnie Humphrey e i.. . .. '( ..1� 1. .•l, First Citizens • ' Bank IRREVOCABLE STANDBY LETTER OF CREDIT NO. : SB96112 Effective Date: August 2, 2023 Amount: $7, 700. 00 Beneficiary: State of North Carolina Department of Environmental Quality 1612 Mail Service Center Raleigh NC 27699-1612 iWzo Applicant/Operator: AUG YOY3 William Randy Willis 123 Tiger Hill Drive LANO QUgLl7y Jacksonville NC 28546 0"NiNGPROL)Ty Re: 67-68 Halltown Road Mine Transfer Dear Sir or Madam: 1) The APPLICANT/OPERATOR desires to engage in mining operations within the State of North Carolina, under the provisions of the mining act of 1971, N.C. Gen. Stat. 74-46, et seq. , and the administrative rules promulgated there under. 2) N.C. gen. Stat. 074-50 requires that operators engaged in mining shall first obtain an operating permit from the N.C. Department of Environment Quality ("DEQ") which covers the affected land, and which has not terminated, been revoked, been suspended for the period in question, or otherwise become invalid. N.C. Gen. Stat . 074-54 requires that each applicant for an operating permit, or for the renewal thereof, shall file with DEQ, and shall thereafter maintain in force, a bond in favor of the State of North Carolina in an amount as prescribed by title 15A N.C. Administrative Code Subchapter 5B. 0003. N.C. Gen Stat. 074-54 further provides that in lieu of the surety bond, an applicant or operator may file with DEQ a cash deposit, negotiable securities, or an assignment of savings account in a North Carolina bank. 3) Thus, this IRREVOCABLE STANDBY LETTER OF CREDIT is issued to DEQ, in lieu of the surety bond required to be filed by the APPLICANT/OPERATOR, as provided by N.C. Gen. Stat. 074-54. one of four. Pages two, three and four forms an integral part o Letter of Credit No. SB96112 and must be attached hereto. First-Citizens Bank&Trust Company, International Banking Services—DAC44, 100 East Tryon Road, Raleigh, NC 27603 UE SWIFT: FCBTUS33,Telephone 919.716.2887,Telefacsimile 919.772.1037 First Citizens Bank Page two of four. Pages one, three and four forms an integral part of this Letter of Credit No. SB96112 and must be attached hereto. 4) The undersigned hereby establishes its IRREVOCABLE STANDBY LETTER OF CREDIT in favor of DEQ, for the account of William Randy Willis for (Seven Thousand Seven Hundred and 00/100 U.S. Dollars) $7,700.00, available by DEQ's draft(s) drawn on sight. 5) This IRREVOCABLE STANDBY LETTER OF CREDIT shall expire on August 7,2024. The expiration date shall be extended automatically for a period of one year on the current expiration date and on each successive expiration date, unless at least sixty (60) days prior to the expiration date, the undersigned notifies DEQ the OPERATOR by express or certified mail, return receipt requested that the undersigned will not extend this Letter of Credit beyond the current expiration date. If the undersigned sends written notice to DEQ that this Letter of Credit will not be extended, any unused portion of the credit shall be available upon presentation of DEQ's sight draft within sixty (60) days after DEQ's or the OPERATOR'S receipt of such notice, whichever is later. 6) This Irrevocable Standby Letter of Credit is non-transferable. 7) Draft(s) shall be marked "Drawn Under First-Citizens Bank & Trust Company, International Banking Services, Raleigh, N.C. Letter of Credit No. SB96112" and shall include the following documentation: A. A signed certificate by DEQ, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT and stating that: "In accordance with N.C. Gen. Stat. 074-59, we have received a notice of forfeiture of part or all the Bond Amount. The amount of our drawing does not exceed the amount of the forfeiture as set forth in such notice." -OR- B. A signed certificate by DEQ, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF /0011f CREDIT stating that: First-Citizens Bank&Trust Company, International Banking Services—DAC44, 100 East Tryon Road, Raleigh, NC 27603 USA SWIFT:FCBTUS33,Telephone 919.716.2887,Telefacsimile 919.772.1037 i psi: t Y. LS as it r. IJ i i t'� s� t jr'# 1 l.-.r i S i•..T ` is t +;+ t : r s' 7!#u�r •��t. .j rP:t,A# '1!.�• 1 s; i � .. �? •. 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S.o +. ._ •'�. � Y�.J- tti.'.Y '� ., i{i!i_ ^t t':1 ,. �~ -�1.::t .J•._ •1.' - . 1' .... yJ'r t.. .. . r., r �t.....Y t'� _ ^1••i�.:. ir'.•i!�G .�.. g♦ .�.. _i r.�� 7.: - _ 1, t• s+� - t ,t r,i'` 1 1, Y. ','1 1 !'b ' - Z.,. -[ t„ a t• t� t�C., o.r .S i#'1•i•.� s i :y FS -f r 2y s�_, t.•` � t � s.�1�: 1 ✓ �� 6 a 11,,, sT f � . `t }r K 1 fr / i +-+'., � s .r •c. riYL aT Rti+"'"�Jh ! r+ ��w :d!+':, � l'.•i' ..C'.' First Citizens forever Bank Page three of four. Pages one, two and four forms an integral part of this Letter of Credit No. SB96112 and must be attached hereto. "We have received from First-Citizens Bank & Trust Company written notice stating (1) that this IRREVOCABLE STANDBY LETTER OF CREDIT has not been extended; and (2) that the amount of our drawing does not exceed the Bond Amount, less any previous forfeiture thereunder, pursuant to notices received in accordance with N.C. Gen. Stat. 074-59." -OR- C. A signed certificate by DEQ, referring to the effective date and Number of this IRREVOCABLE STANDBY LETTER OF CREDIT stating that: "We have received from First-Citizens Bank & Trust Company written notice stating (1) that there exists an Event of Default under the Credit Agreement (as defined in the IRREVOCABLE STANDBY LETTER OF CREDIT; (2) that a drawing should be made under this IRREVOCABLE STANDBY LETTER OF CREDIT; and (3) that the amount of the drawing does not exceed the bond amount, less any previous forfeitures there under, pursuant to notices received in accordance with N.C. Gen. Stat. 074-59." 8) This IRREVOCABLE STANDBY LETTER OF CREDIT is subject to the Uniform Customs and Practice of Documentary Credits (2007 . Revision) , International Chamber of Commerce Publication No. 600 and the Laws of the State of North Carolina. In the event any conflict, the laws of the State of North Carolina will control. 9) First-Citizens Bank & Trust Company hereby agrees with the drawers, endorsers, and bona fide holders that all drafts drawn under and in compliance with the terms of this IRREVOCABLE STANDBY LETTER OF CREDIT will be duly honored upon presentation to this bank/issuing institution at the following address: .0*�VFirst-Citizens Bank & Trust Company, Attn: International Banking Services-DAC44, 100 East Tryon Rd. , Raleigh, NC 27603. First-Citizens Bank&Trust Company, International Banking Services-DAC44, 100 East Tryon Road, Raleigh, NC 27603 USA SWIFT.FCBTUS33,Telephone 919.716.2887,Teletacsimile 919.772.1037 First Citizens foreverfirst Bank Page four of four. Pages one, two and three forms an integral part of this Letter of Credit No. SB96112 and must be attached hereto. This IRREVOCABLE STANDBY LETTER OF CREDIT sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instruments or agreements referred to herein or to which this IRREVOCABLE STANDBY LETTER OF CREDIT relates, and any such reference shall not be deemed to incorporate herein by reference any documents, instruments, or agreements. Very truly yours, First-Citizens Bank & Trust Company - 6 -L%na4 eX+j6L* _P_ CA.X( Vice-President gust 2, 202 ad Sworn and subscribed to before me this „Q,Lday of Au A uA 2023. III N1111J,,,+, Notary Public �.•`'����SH My Commission Expires: 1YI.tt,1 03,2� >N O TA R y p;C� Date - •� ..•s rn - BL1G !Z• cUZ ,1,111111111, First-Citizens Bank 81 Trust Company,International Banking Services-DAC44,100 East Tryon Road, Raleigh,NC 27603 USA SWIFT:FCBTUS33,Telephone 919.716.2887,Telefacsimile 919.772.1037