Loading...
HomeMy WebLinkAbout20231106_Application NORMS & TUNSTALL CONSULTING ENGINEERS P.C.- 2602 Iron Gate Dr.Suite 102 1429 Ash-Little River Road Wilmington,NC 28412 Ash,NC 28420 (910)343-9653 (910)287-5900 (910)343-9604 Fax (910)287-5902 Fax John S.Tunstall,P.E. J.Phillip Norris,P.E. T.Jason Clark,P.E. Joseph K.Bland,P.E. Robbie P.Hennelly,E.I. November 2, 2023 Adam Parr, P.E. RECEIVED NCDEQ / Division of Land Resources Land Quality Section — 5th Floor NOV 0 6 2023 512 N. Salisbury Street Raleigh, NC 27604 LAND QUALITY MINING PROGRAM Re: Mining Permit Application Submittal Kennedy Sand Mine Brunswick County, NC NT Project No. 19016 Dear Mr. Parr, Enclosed are six (6) copies of the location maps, mine maps and reclamation maps for the subject project, the original and five (5) copies of the completed application, copy of SAW-2023- 00941 PJD, and a $5,000.00 check (MGK II Management & Construction LLC Check #5878) for the processing fee. The signed green cards as proof of notification to adjacent landowners will be sent under separate cover. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance with this project. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. ph K. Bland, P.E. JKB/ttw NOV 0 6 Z013 19016 11-02-23 a mine -Itr LANLI QUALI"fY MINING PROGRAM cc: Mark Kennedy NCBELS License C-3641 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. N-t4 1901 L 1. Name of Mine Kennedy Sand Mine County Brunswick River Basin Cape Fear Latitude(decimal degrees to four places) 34.1561 N Longitude(decimal degrees to four -78.1389 W places) 2. Name of Applicant Kennedy Family Properties,LLC Applicant Contact Mark G.Kennedy Consultant Contact Joseph K.Bland,P.E. Applicant Email mgkennedyy@gmail.com Consultant Email jbland@ntengineers.com Telephone Telephone 910-287-5900 Cell Phone 910-617-9665 Cell Phone 910-512-8148 3 Permanent Address for Receipt of RECEIVED Official Mail' 420 Green Hill Rd.NE Leland,NC 228451 ,, tt NOV 0 6 2M 4. Mine Office Address 9 24 GP�en �rlk t ANn nr rwr 1r 1 Lp' a'NA—r (10_ MINING PROGRAM 5. Mine Manager Mark G.Kennedy Mine Manager Email mgkennedyy@gmail.com Telephone Cell Phone 910-617-9665 1 certify that all details contained in this permit application are true and correct to the best of our knowledge.We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature"' )!e� 4 4:� Date //— /' 2 3 Print Name N,917K e. KPr Title rnn��A 'This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. '"The 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. RECEIVED Revised September21, 2021 NOV 0 6 = P a g e 11 LAND QUALITY MINING PROGRAM 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: FX-1 This is an application for a NEW permit. Indicate the total acreage at the site to be covered by the permit 117.10 (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: 117.10 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? YES F ]NO If yes,indicate the acreage to be covered by this modification Does the modification involve acreage outside the previously approved permitted boundary? 1-1 YES nNO If yes,indicate the additional acreage to be covered by this modification NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover removed)by the mining operation? YES 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 P a g e 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: Sand 3. Mining Method: Hydraulic Dredge Front-end Loader&Truck QShovel&Truck Dragline&Truck Self-loading Scraper Excavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet)35 Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.) Natural Ground Expected average depth of mine(feet) 35 5. Has an area at this site been mined in the past? YES NO IAI If yes,when and by whom was this activity conducted? 6. Estimated life of the operation(years):20 NOTE:The Department may request clarification on how life of mine was calculated. Revised September 21, 2021 P a g e 3 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 B.MAPS 1. Clearly mark and label the location of your mining operation on six(fi)conies of a 7.5-minute quadrangle and a county highway map.These maps,in addition to six(6)copies of all mine maps and reclamation maps,must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C.Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,5t^Floor Raleigh,NC 27699-1612 Raleigh,NC 27604 Http://portal.ncdenr.orglwebAr/geological home (919)733-2423 County highway maps maybe 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 htto://www.ncdot.rgriiUgis (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 Stockpiles Waste piles Processing Areas/Haul Roads Mine Excavations Other(Please explain) Total Affected Acreage Total Permitted Acreage SEE ATTACHED LIST Revised September 21,2021 P a g e 14 N&T# 19016 NC Mining Permit-Affected Acreage Table Current Proposed Pit#1 Pit#2 Total Category Affected Affected Total Total Affected Acreage (Ac) Acreage (Ac) Affected Affected Acreage (Ac) Acreage (Ac) Acreage (Ac) Tailings/Sediment Ponds 0 0 0.2 0.2 0.4 Stockpiles 0 0 0 0 0 Waste Piles 0 0 0 0 0 Processing Areas/ 0.43 0.55 0.98 Haul Roads (offsite in easement) 0 0 Mine Excavations 0 0 14.18 14.96 29.14 Other (Please Explain) 0 0 0 0 0 Total Affected Acreage 0 0 14.81 15.71 30.52 Total Permitted Acreage 0 0 19.91 19.81 39.72 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 f) Outline and acreage of all stockpile areas g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all processing plants(may be described as to location and distance from mine if sufficiently far removed) i) Locations and names of all streams,rivers,and lakes j) Outline and acreage of all settling and/or processing wastewater ponds k) Outline and acreage of all planned and existing access roads and on-site haul roads 1) Location of planned and existing on-site buildings m) Location and dimensions of all proposed sediment and erosion control measures n) Location of 100-year floodplain limits and wetland boundaries o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary must be provided on the mine map. p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s).NOTE:"Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q) Map legend 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0—49 acres 1"=50' 50—199 acres 1"=100' 200+acres 1"=200' NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items. NOTE:In addition to the above,the maps must also include any site-specific information that is provided in the answers to the following questions(italicized 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 15 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C.PROTECTION OF NATURAL RESOURCES 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. Once all permits have been obtained, the operator will clear and grub the proposed excavation area. Install temporary measures as needed. Excavation will begin and occur on an as needed basis. 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-sectionskonstruction details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. Extensive natural buffers will remain. The excavation area will be graded to drain internally to the pit area. No movement of sediment is expected offsite or to any adjacent wetlands. 3. A)Will the operation involve washing the material mined,recycling process water,or other wastewater handling? YES IN NO If yes,briefly describe all such processes including any chemicals to be used. B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? YES INO 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). Revised September 21,2021 Page 16 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? DYES FINO If yes,do you intend to dewater the excavation(s)? a YES 1:1NO Estimated withdrawal rate in gallons per day. 96,000.00 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. No adverse effect is anticipated due to distance to existing 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 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. An NPDES permit has been applied for. 4. A)Will the operation involve crushing or any other air contaminant emissions? FIYES D NO If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. B)How will dust from stockpiles,haul roads,etc.,be controlled? A water truck will be used as needed to control dust. Revised September 21, 2021 Page 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of-way.It may be an unexcavated buffer(no excavation,but roadways,berms,and erosion&sedimentation control measures may be installed within it),an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two, depending upon the site conditions.Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions.Show all buffer locations and widths on the mine map(s). A minimum 40' undisturbed buffer is proposed adjacent to all excavation areas. 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' undisturbed buffer is proposed for any excavation areas adjacent to 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 1 vertical slopes or flatter for sandy material are generally required unless technical justification can be provided to allow steeper slopes. Either a 40' or 50' buffer from any excavation to adjacent properties. This should be adequate to prevent any slope failure from impacting adjacent properties. The maximum proposed slopes for the excavation area will not exceed 2:1. B)Provide a cross-section on the mine map(s)for all 0 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. A cross section is on plans provided. Side slopes of 2:1 are proposed. Revised September 21,2021 Page 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping.Cross-sections for all cut slopes must be provided on the mine map(s). See plans for cross section. 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. N/A No Rock. 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. There are no dwellings, houses, public roads, or any buildings within 300 feet of the excavation area. No blasting or vibrating equipment is proposed. 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 detaftross-section and location of each type of barricade to be used must be indicated on the mine map(s). A gate is proposed along the haul road to limit access. Vegetated buffers will remain that limit access to excavation area. 9. Are acid roducing minerals or soils present? YES Ix NO If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled? Revised September 21, 2021 Page ( 9 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 map(s)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The site is surrounded by natural buffers to remain. Adjoining property is wooded and undeveloped. 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; None close by. 11. Will explosives be used? 1-1 YES FX]N0 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 offske occupied structure(s)to the proposed excavation(s)on the mine map and indicate its approximate distance to the proposed excavation. 12. Will fuel tanks,solvents,or other chemical reagents be stored on-site? F]YES FXINO 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). Revised September 21,2021 Page 110 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 D.RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s).In 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. Excavated area will be reclaimed as a freshwater lake. Pit banks will be graded to 3:1 or flatter above the normal pool elevation. The haul road will remain as access to the lake. 2. Is an excavated or impounded body of water to be left as part of the reclamation? FX-1YES F]NO 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. Will the body(s)of water be stocked with fish? YES �NO If yes,specify species. Bream, Bass and Catfish 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. NIA; Existing vegetated buffers will remain. Revised September 21, 2021 Page 111 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. No significant overburden is anticipated. 5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways. No processing facilities or stockpiles are planned. The haul road will remain for access. B)Will any on-site roadways be left as part of the reclamation? AYES F ]NO !f yes,identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining.(Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality,Division of Energy,Mineral,and Land Resources and either the Division of Waste Management(DWM)or local governing body.If a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application.All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map,along with a list of items to be disposed in said areas. No significant amount of waste products are anticipated. Any waste generated shall be disposed of off site in accordance with applicable local, state, and federal regulations. Revised September 21, 2021 Page 112 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed,fertilizer, lime and mulch per acre.The recommendations must include general seeding instructions for both permanent and temporary revegetation.Revegetation utilizing only tree plantings is not acceptable.Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service,Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service,Department of Agriculture and Consumer Services; f. N.C.Erosion and Sedimentation Control Planning and Design Manual; g. N.C.Surface Mining Manual:A Guide for Permitting,Operation and Reclamation; h. Others as may be approved by the Department. Lime Rate of Application(tonslacre): 1.5 TONS/ACRE Fertilizer Analysis and Rate of Application(lbs/acre): 10-12-10 @ 500 LBS/ACRE Seed type(s)and rate(s)of application included year-round seeding schedule(lbs/acre): NOTE:Include legumes SEED TYPES SEEDING DATES SEEDING RATES Pensoccla Bahragmm April—May 501b/AC Sedlea Lespedeza March—May 30 lb/AC Common Bermuda Grass June—July 101b/AC German Miller September—October 101b/AC Mulch Type,Rate of Application(lbslacre),and Method of Anchoring: Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(lbs/acre,trees/ acre,spacing of trees/shrubs,etc.): Revegetatio ndror r forestation An approved by: Signature Date (IUyj Print Name , f\ Title 14t4ft4d1r Agency µ Revised September 21, 2021 P a g e 113 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND PIT#1 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 you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds 0.20 Ac. X $ 500 /Ac. = $ 100.00 Stockpiles Ac. X $ /Ac. = $ 0.00 Waste Piles Ac. X $ /Ac. = $ 0.00 Processing Area/Haul Roads 0.43 Ac. X $ 1,800 /Ac. = $ 774.00 Mine Excavation 14.18 Ac. X $ 500 /Ac. = $ 7,090.00 Other Ac. X $ /Ac. = $ 0.00 TOTAL AFFECTED AC.: 14.81 Ac. TOTAL PERMITTED AC.: 19.91 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 14.81 Ac. b) Positive Drainage Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST:$ 7,964.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 7,964.00 X 20 = $ 3,185.60 Total Reclamation Bond Cost: ETOTALECLAMATION BOND COST= SUBTOTAL+INFLATION = $11,100.00 Round down to the nearest$100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74-54 Revised September 21, 2021 P a g e 114 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 Pit#2 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 cosUacre for each category from the Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds 0.20 Ac. X $ 500 /Ac. _ $ 100.00 Stockpiles Ac. X $ /Ac. _ $ 0.00 Waste Piles Ac. X $ /Ac. _ $ 0.00 Processing Area/Haul Roads 0.55 Ac. X $ 1,800 /Ac. _ $ 990.00 Mine Excavation 14.96 Ac. X $ 500 /Ac. _ $ 7,480.00 Other Ac. X $ /Ac. _ $ 0.00 TOTAL AFFECTED AC.: 15.71 Ac. TOTAL PERMITTED AC.: 19.78 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) Intemal Drainage 15.71 Ac. b) Positive Drainage 0.00 Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST:$ 8,570.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 8,570.00 X 20 = $ 3,428.00 Total Reclamation Bond Cost: TOTAL RECLAMATION BOND COST= SUBTOTAL+INFLATION = $11,900.00 Round down to the nearest$100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74-54 Revised September 21, 2021 Page 114 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 T1S PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION $5001ac.(L) $5001ac.(L) SG,GS,Borrow $18001ac. $20001ac. $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) CL 2500 5000 5000 2500(A) 3700(PD) 1000(L) 2000(L) PE,AU,TI,OT 2500(FI} 2500 3000 3500 5000(PD) (L)=Reclamation to a lake and revegetating side slopes (FI)=Reclamation by filling in and revegetating (PD)=Reclamation by grading for positive drainage&revegetating AS PER NCAC 15A 5B.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 ALL ESTIMATES MUST INCLUDE THE FOLLOWING,AS A MINIMUM: •FINAL GRADING COSTS PER ACRE •LIME AND FERTILIZER COSTS PER ACRE •YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE(FROM APPROVED REVEGETATION PLAN IN 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 115 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 F.NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,return receipt requested,to: (1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s);and (3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track, or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy,Mineral,and Land Resources. A copy of a tax map(or other alternative acceptable to the Department)must be mailed with the completed"Notice"form(the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION' Revised September 21,2021 Page 116 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(b1)of The Mining Act of 1971,Notice is hereby given that Kennedy Family Properties, LLC has applied on Ps 02 a2 3 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): za new surface mining permit, Fla modification of an existing surface mining permit to add land to the permitted area;or 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 2 (20 acre tracts) acres located 2.80 +/- (Mineral,Ore) (Number) (Number) miles West of Winnabow off/near road SR 1410 Green Hill Road (Direction) (Nearest town) (Number,Name) in Brunswick County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,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 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 is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regardin thegecifics of the proposed mining activity,please contact the applicant at the following telephone number: 910 —61 T 9E5 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. Kennedy Family Properties, LLC Kennedy Family Properties, LLC Mark G. Kennedy AddresseelOwner of Record's Name and Address Name of Applicant Include Contact Person&Company Name,if Applicable 11- 0,2)-ao OL-s 420 Green Hill Rd NE, Leland, NC 28451 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21,2021 Page 117 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 AFFIDAVIT OF NOTIFICATION Mark G.Kennedy I, ,an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.Department of Environmental Quality,being first duly swom,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 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 d 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:30 Gov eCnM� Dr. �o►v:c�. .Sar A;ier Wa,.- 6 �. er —c ; Flaoc col;.►;a ue. Ali q a a Chief Administrative Officer Narhe 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 5B.0004(d).I understand that it is the responsibility of the applicant to retain the receipts of mailing showing tha the above notices were caused to be mailed and to provide them to the Department upon request. •Q Ize, 11 - 1- 23 Signature of Applicant oceiEt, Date If person executing Affidavit is an agent or employee of an applicant,provide the following information: Name of Applicant Kennedy Family Properties,LLC Title of person executing Affidavit Mark G.Kennedy I, Tammy T.Watson ,a Notary Public of the County of Brunswick State of North Carolina,do hereby certify that Mark G.Kennedy appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my h#and notarial seal, his 1st day of November 2023 . Nota My c T. 7Notary Public Revised September 21, 2021 unty,North Carolinan Expires May 20,2028 Page 18 KENNEDY SAND MINE STATE MINE PERMIT APPLICATION PAGE 18 ATTACHMENT N&T PROJECT NO. 19016 PARCEL OWNER INFO 1 Parcel ID: 0690000209 CAMPBELL ADAM 1405 GREEN HILL RD NE LELAND, NC 28451-8619 2 Parcel ID: 0690000213 SMITH DAVIE RAY 3120 BLUE DRIVE SW SUPPLY, NC 28462-2607 3 Parcel ID: 0690000401 MCRAE WILLIAM BRANDON 32 ARLENE DR CASTLE HAYNE, NC 28429-5900 4 Parcel ID: 0690003001 DANHORN JACOB CHRISTOPHER 1265 SUNFLOWER TRL NE LELAND, NC 28451 5 Parcel ID: 06900030 DANHORN KEITH ETUX DANHORN CONSWAILA 1273 SUNFLOWER TRL NE LELAND, NC 28451-7359 6 Parcel ID: 0830002609 WI LLETTS POLLY ETALS 917 GREEN HILL RD NE LELAND, NC 28451-8607 7 Parcel ID: 06900031 RIFE KERMIT E JR ETUX RIFE SANDRA D 1272 SUNFLOWER TRL NE LELAND, NC 28451-7358 8 Parcel ID: 06900005 LANIER SPENCER LAMAR 604 GEORGE II HWY SE WINNABOW, NC 28479 9 Parcel ID: 06900006 YOUNG BRUCE R JR ETUX YOUNG NATALIE B 5718 ROCK CREEK RD NE LELAND, NC 28451-9680 10 Parcel ID: 0690000801 TABOR STEVEN BRETT 3504 E PELICAN DR OAK ISLAND, NC 28465-5853 11 Parcel ID: 06900003 LANIER WILLIAM D ET LANIER BARBARA L 917 GREENHILL RD NE LELAND, NC 28451 12 Parcel ID: 0690000321 MORGAN MATTHEW AND MORGAN CONNIE L 200 PINE ST WASHINGTON, NC 27889-9516 13 Parcel ID: 0690000311 WAGONER RYAN A 1390 GREEN HILL RD NE LELAND, NC 28451-7754 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 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' Print Name Mark G.Kennedy Print Name Mark G.Kenned Title(if applicable) Tide Company(if applicable) Kennedy Fami y Properties,LLC Company Kennedy Family Properties,LLC Address 420 Green Hill Rd NE Mine Name Kennedy Sand Mine Pits#1 &#2 Leland,NC 28451 Telephone 910-617-9665 Telephone 910-617-9665 Date Signed Date Signed »- i- 0'\Ua3 *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 money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220. Revised September 21,2021 P a g e 119