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HomeMy WebLinkAbout89-11_1_Redacted r NO E Q RTH CAROLINA D7� Department of Environmental Quality Wehner, Judy From: Edgerton, Thom Sent: Thursday, August 30, 201812:06 PM To: 'ken@kenobx.com' Cc: Tankard, Robert; Dumpor, Samir; Pullinger, Robert C, Edwards, James; Georgoulias, Bethany; Wehner, Judy Subject: FW:James Cahoon Mine NCG020925 Hello, I met with Robert Tankard and Chris Pullinger. The MOIL was mentioned. Mr. Tankard says that conditions cannot be added to the general permit, therefore the permit should not be issued until approval is received. Mr. Elliott, Please request that we revisit this site. It is my recommendation that you coordinate with Chris Pullinger prior to scheduling this visit and copying Jay Edwards and myself with the communications. If all questions are answered and adequate information to provide understanding is presented on the mine map, such that everybody is on the same page as much as possible, then we should meet at the site for approval. Please let me know if I can be of further assistance. Sincerely, Thom Thom Edgerton Environmental Engineer Division or Energy,Mineral and Land Resaurcewl-and Quality Section Department of Environmental Quality 252 948 3963 office them adaertonralncdenr holy Washington Regional Office 943 Washington Square Mall Washington,North Carolina 27889 Email cormsponderma to and from fhls address Is subject to the North Caroline Public Re dS Lew ere may he duksoaed to thin!parties. From: Pullinger, Robert C Sent: Thursday, August 30, 2018 10:58 AM To:Georgoulias, Bethany <bethany.georgoulias@ncdenr.gov>; Edgerton,Thom <thom.edgertcn@ncdenr.gov> Cc: Dumpor, Samin<samir.dumpor@ncdencgov>;Tanka rd, Robert<robert.tankard@ncdenr.gov> Subject: RE:James Cahoon Mine NC6020925 Bethany, Mr. Elliott has provided us the preliminary jurisdictional determination from the Corps of Engineers that we'd requested to identify if there are proximal wetlands, which there are, but not sufficient detail/data to show how the wetlands will be protected. Until that information has been provided, please continue to hold the permit. Chris Pullinger Environmental Specialist 11 Division of Water Resources—Water Quality Regional Operations t Department of Environmental Quality 252 948 3922 office ch ns.oul li naer(fncdenr.aov 943 Washington Square Mall Washington, NC 27889 From: Georgoulias, Bethany Sent:Thursday,August 30, 201810:17 AM To: Edgerton,Thom<thom.edeerton(ancdenr.eov> Cc: Dumpor,Samir<samir.dumoor(@ncdenr.gov>; Pullinger, Robert C<chris.oullincer(dncdenceov>; Tankard, Robert <robert.tankard9ricder eov> Subject: RE:James Cahoon Mine NCG020925 Hi,Thom, I know we still have some open questions about review of Pumping D&M Plans by DEMLR/DW R in general, but I wanted to follow up on this application that has been pending in our office since February. On 4/17 you emailed that Chris Pullinger was going to check with Robert.Tankard about this one, and you would let me know when you had more information. Can we proceed with issuing this discharge permit CDC to lames Cahoon Mine? The POM Plan will need to be approved by the W aRO before dewatering can begin. If you think the applicant is far enough along to understand what is required for that, we can proceed. Here is the link to the documents we have in Laserfiche for this application. Thanks, Bethany Bethany Georgoulins fnvironmenlal Cngineer Stormwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 9197073641 office bethany:eeoreoulias(a)ncdenr.eov 512 N. Salisbury Street, Raleigh, NC 27604(location) 1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing) Website: htlp�//degnceov/about/division/eierpv-miieml-land-resources/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Edgerton,Thom Sent: Monday, April 16, 2018 12:26 PM To: Georgoulias, Bethany<bethany.eeoreoulias(dncdenr.eov> Cc: Dumpor,Samir<samindumoor(dncdenr.eov>; Pullinger, Robert C<chris.oullingertancdenr.cov> Subject: RE: Request for Comments-lames Cahoon Mine Hello, 2 I have visited the site, and I did a preliminary review of the O&M plan. Let me touch base with Chris Pullinger again of DWR, as he had originally commented that a JD may be required. I have not had significant concerns about this site as it is located out in a farm field which was converted many years ago, with the discharge directed back into the adjacent wetlands. I have seen standing water historically in the field ditches which gives me the impression that the water table is within a few feet of the field surface/natural ground. The Scuppernong River, tributaries and corresponding wetlands are nearly surrounding this area and I do not expect this operation will dewater wetlands, or other waters of the state. I will touch base with Chris Pullinger and will let you know of any concerns ASAP. Thanks, Thom Thom Edgerton Environmental Engineer Division of Energy,Mineral and Land Resources/Land Quality Section Department of Environmental Quality 252 946 6481 office thom.edoenon@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington,North Carolina 27889 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Georgoulias, Bethany Sent: Monday, April 16, 2018 11:28 AM To: Dumpor, Samir<samir.dumpor@ncdenr,goy>; Edgerton,Thom <thom.edgerton@ncdenr.gov> Subject: RE: Request for Comments-James Cahoon Mine Samir or Thom, I wanted to check in on this mine operation's request for coverage under NCG02 in Columbia,Tyrrell county. I have only just now picked this one up, and I see they will dewater into nearby wetlands. The consultant (Ken Elliott) contacted Thom about a Pumping O&M Plan before submittal, and a narrative is included—but at first glance, I see it may be lacking. There are no calculations or mention of monitoring wells;just some design component details tacked on at the end and a lot of discussion. It mentions"visual monitoring of adjacent wetlands and farmland for potential dehydration caused by any mining activity..." Let me know your thoughts on this one when you have a chance. Thanks, Bg Bethany Georgoulias Environmental Engineer Storrnwater Program, Division of Energy, Mineral, and Land Resources N.C. Department of Environmental Quality 919 807 6372 office bethanv.georgoulias a ncdennyov 3 1612 Mail Service Center, Raleigh, NC 27699-1 6 1 2 (mailing) 512 N. Salisbury Street, Raleigh, NC 27604 (location) Website: littp://deq.nc.gov/about/divisions/energy-m ineral-land-resources/stormwater Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: laserfiche@ncdenr.gov [mailto:laserfiche@ncdenr.gov] Sent:Thursday, February 08, 2018 8:56 AM To: Dumpor, Samir<samir.dumpor@ncdenr.gov> Cc: Alexander, Laura <laura.alexander@ncdenr.pov>; Georgoulias, Bethany<bethany.georgoulias@ncdenr.g_ov> Subject: Request for Comments-James Cahoon Mine A General Permit application or additional information was received on 2/1/2018 for James Cahoon Mine in Tyrrell County.The assigned Permit Number is NCG020925. The information for the above project can be found here: httt s;/Jedocs.deg.nc.gov/Stormwater/Browse.aspx?dbid=0&startid=630351. For General Permit NO1 applications, please advise the assigned Central Office reviewer, Bethany Georgoulias, of any comments or objections to issuing general permit coverage to this facility no later than 30 days from now. This email was automatically generated by Laserfiche workflow as a courtesy. Please do not respond to this email address, as responses aren't monitored. 4 ROY COOPER MICHAGL S. REGAN WILLIAM H. VINSON, Jr. Energy,Mineral rm:.,,,, and Land Resources Euv,RONM EN Ta,.O V P LITY _ June 14, 2018 Mr. Alton J. Cahoon Mr. James M Cahoon 110 Holly Ridge Road Manteo, North Carolina 27954 Re: Cahoon Mine Tyrell County Pasquotank River Basin Dear Messrs. Cahoon: The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 89-11 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage at this site is 16.97 acres and the amount of land you are approved to disturb is 14.78 acres. Please review the permit and contact Judy Wehner, Assistant State Mining Specialist, at (919) 707-9220 of any objection or questions concerning the terms of the permit. Sincerely, David Miller, PE State Mining Engineer DMlw Enclosures cc: Mr. Samir Dumper, PE Mr, William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures Starcof North Carolina I linvironnicnlul Quality I Energy:Mineral and Land Resouruus 1612 Mail Service Center 1512 N. Sa rsbnry SL I Ralcigh. NC 27699 919 709 9220 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: Alton J. Cahoon & James M. Cahoon Cahoon Mine Tyrell County - Permit No. 89-11 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: if another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. f Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 60 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. Mining activities shall occur as indicated on the Mine Map dated January 1, 2017 and the supplemental information received on February1, 2018 and April 23, 2018. 5. All affected area boundaries (14.78 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. Sufficient buffer (minimum 30 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, Page 5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 12_ The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $14,300.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards as Provided by G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revege#ate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 \ B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Reveaetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetaion Plan approved by Alton E. Ward, Jr., Extension Agent with the North Carolina Cooperative Extension on October 28, 2015. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit,/issued this 14th day of June, 2018. rook. William E. Vinson, Jr., Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality Page 8 NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by Alton J. Cahoon & James M. Cahoon to conduct mining activities off US Highway 64 in Tyrrell County. The mining permit (no. 89-11) was issued on June 14, 2018. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150B-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within sixty (60) days of the mailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 15013-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environmental Quality by mailing a copy of the petition to Mr. Bill Lane, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699- 1601. r-oti William E. Vinson, Jr. Interim Director Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality This notice was mailed on 6- -13 -�TE Brenda Harris Mining Program Secretary MINE MAP ACREAGES NOTE THIS MAP IS NOTA CERTIFIED CAHOON MINE EXCAVATION- 11.26AC SURVEY AND HAS NOT BEEN REVIEWED US 64 E„COLVMBIA,NC STOCKPILES&BERMS--0.96AC BYA LOCAL GOVERNMENTAGENCY FOR TYRRELLCMBIA. ROADS 6 PROCESSING--I3TAC COMPLIANCE WITH ANYAPPUCABLE SCALEELLCO90FT UNEXCAVATED BUFFERS-1.19AC LAND DEVELOPMENT REGULATIONS, TOTALAFFECTED AREA-14.IBAC OWNER 80PERATOR: UNDISTURBED BUFFERS--2.19AC JAMES M 6 ALTON J CANOON TOTAL PERMITARE0.- I6.BTAC PO BOX BIG MANTEO, NC 27964 160 D T6 IN 30 MAP BY ELLtl11TCCN511LlING JANUARY I,=7 Nf 1 inch,150 18011. PERIMETER BERM DETAIL wx \ x NOR JABPPERW p\ TSGBARNES '\ PALUSIRINE FORESTED '\ PALNSWINEFDRRs D 't SEASDN SAIURATEO SEASgUSNN LRATED WEILAND �\ WETUND \ OT — T \ ." ... FEA / :aw ]VW WFYDM WIAP £ OVEXFLrtWt .�.ea.f. W:p�p:arvAeEowF � : 1- xu ECgRAAm $ WF \ J" w]vBMMM I: :1 wnu�AL]rn:o i TB G GRANGE \ N I! ! I I PALUSTRINE PDRESIBD \ WASONALSANRPTED WEILANDARMS t LwF yI JSWANS F 1 I; 911 I '1 mI ItII ti I II R Io I1 It I Ij !I 1 I \ XI WF I It II ,I 1 II I I 1 I! it I I : II I I I ! 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ROADS&PROCESSING- 1.3i AC COMPLIANCE WITH ANYAPPLICABLE SCALE: IIN=150FT UNEXCAVATED BUFFERS--1.19 AC LAND DEVELOPMENT REGULATIONS, TOTALAFFECTED AREA- 14T8AC OWNERt OPERATOR: UNDISTURBED BUFFERS--2.19AC JAMES M A ALTON J CAHOON TOTAL PERMITAREA-16.9T AC PO BOX 518 MANTEO,NC 27854 i6D 0 id 1MI S00 MAPBY ELUCRI CONWLTWD JANUARYa.NIT N FEET I IncH a 1601L. RECLAMATION SLOPE BERM DETAIL JAL PeERRY '�\ idG BARNES PALUSTRINE FDRESiED '\ PALUS INE FORESTED '\ SE�SAIURATED SEABIXJALEnTLRnTED 's'%EDN.EA it —• 3"'" N4ese -� 1111 I 3gS - z'�IwMAN •\ III,Il NP \T..: " -. TAGBARNES \ 'e ea II '' PAJHJ NEFORE51E0 I!li �, I I III 44 sEAoN snLanmRATEo I'1 1 III a W AMD rTLw \ II .. al'BVEA 1: I I F.F 1 II y \ J"H"AIN I�I I I li 1 I' II '1 I 1 II, I �\l I I lip I li II p IIt I; IlI 1 I Ij jl 1 611 AC POND I ' ll SASAC POND II MIN DEPTH 4FT i ' I: f :1 MIN DEPTH 4FT i , m AVG DEPTH 25 FT 1 i i ' I. I AVG DEPTH 25 FT Iil� , I Ij � IiI O� MAX DEPTH%fT i' I; I10� MAX DEPTH 35 FT I, I :,1 j i 11I l i j Ij , 1 i II m� j 1111 •, I 4 I \ R_n_rw- _ II i S NO BEAM " DARNERr .1 96CAYF - PAWMME FORES IEO •A 91 j� -ADS 11 I I -.1M1'ETL9M95....... .. ......• l �� FIE DRAINNAGTCFANNQ ..-•..—.._.. EXISTING l i� I •gIiFPLL TO�ANO9 WETL \ l ExI w PUMP I N N s ATmN j JMS AJ CAHOON JMFAJ GANOOH i CLUIVATEO FELD cuLimeo FlELD imr / I LDAYNPDRT l � MSTI I JEJNO UFIAENO 1{ I TO CANAL 1 HERE I i j j GRAVEL CCN510.UCIIgJ �...�. ENmnNCE _. _. _.._,._.._.._.._.._.._.._.._,._.._.._.._.. 'DE 1. ^DF;aoW 1!564-1 � IJM i\ Nr \\ NF \\ Mz l Nw l MF l M, MF \ Rs \ NIT 1 ME: \ w REP EBn&dSR t G&L JM MC0.EE6 I JM MccJaES 1 JFFAVERA l JARATB•JN CLdLl NASD BK s ESMCKWNEV \ BNRTS SAWYER \ SBTAN \ \ t RHINES \. \ -------------- 1 L MINE MAP ACREAGES NOTE:THIS MAP IS NOT A CERTIFIED CAHOON MINE EXCAVATION-1136AC SURVEYAND HAS NOT BEEN REVIEWED US 64 E.,COLUMBIA,NC STOCKPILES&BERMS--O96AC a BYA LOCAL GOVERNMENTAGENCY FOR TYRRELLCOUNT' ROADS&PROCESSING--I.3T AC COMPLIANCE WITH ANY APPLICABLE SCALE IN= 1SO FT UNEXCAVATED SUFFERS--1.19 AC LAND DEVELOPMENT REGULATIONS, TOTAL AFFECTED AREA- 14 78 AC OWNER&OPERATOR: UNDISTURBED SUFFERS--2,19 AC JAMES IS ALTON J CAHOON TCTAL PERMIT AREA-16.97 AD PO BOX 518 MANTEO,NC 27954 160 0 75 150 no MAP BY ELL'ATT CONSULTING J.WUARY f,IDti N FEET) 11ncR=1SOW ft. PERIMETER BERM DETAIL r w NR J A&P PERRY T&0 SARNESMILUST - SEASOAINSATURAIED PALUSTRINSEASONAL SJURATED 8Ek6 WIETLANRniE➢ \ SEASON&LSATURATEO \, WETLPND '\ WEILFND .. .-..NLET}ANAS.. ... ............ ..... ...... _ 1 \1 ROCK ow ROCK - - �,MyvEa J,awoM1FFEa F y;wG�A E:RLOWW 1 `\ wcartnoL & INS .y�nm➢t 1; 11 1 i&cBARNES t fureb 1: :1 1 WIVSIXINEFONESMID \ SONK R WEnJOIC) EO /JID A NM 3 JH&HS SWAIN yl II II .t II a T 1 i 1 \ I I% ' l I: II ivy `t I Ij it I a I 1: II i E j I INI I Ij jl � I ( pl I I NF 1 1! I I T&GRARNE9 I I ; I _ _ _ _ _ _ _ _ _ _ cei yJfrER 1 PALUSIPINEFCRESTED W.ASONALSATURATED , ate 08£- w wd R`F S-AO 11AH3d WER.AND j �.a... If«xuw xee.O.N RocR O.w FBED'p1AmIADECAxni I � � I I I 3 0 EXISTING yy� N �IkOLTFAUL I� wEru 3rvDs NP 9TATgN i JM6AJ CANCON F J RAJ 4C GHWN =' CL4TNATEDFlELO CULTIVATED RELD I wF i W I LWVENPCRT I �� I %'A&�er✓� I E [. TO AL Nc 4 'Ln •'. NU Imo' e. CAN I ME� I ^ I GRAVEL CONSIRIJCTCN ^ q ENTRANCE _. ROAMDE yTCa us 61-1TI FT ROW WF \ NF \ NF \ WF I KF ! w NIS NF t WF \ WF \ NF \. MF San EBRSNICIR G&L JM MCCLEE9 I JMMCCLE£3 I JFRWEI 1 JABATSON GA&LML \ HA&D SKITS EnM %INEY \ 0SOTS SAWYER \ \ BRYAN \ t RIVES t \ \ RECLAMATION MAP ACREAGES NOTE.THIS MAP IS NOTA CERTIFIED CAHOON MINE EXCAVATION-11.26AC SURVEY AND HAS NOT BEEN REVIEWED US 64 E .COLUMBIA,NC STOCKPILES B BERMS--0.96AC BYA LOCAL GOVERNMENT AGENCY FOR TYRRELL COUNTY ROADS B PROCESSING--I 37 AC COMPLIANCE WITH ANYAPPLICABLE TYRPE IN° 150 FT UNEXCAVATED BUFFERS--1.19 AC LAND DEVELOPMENT REGULATIONS, SCALE ITOTAL AFFECTED AREA- 14.]S AC OWNER&OPERATOR: UNDISTURBED BUFFERS--2 19 AC JAMES M&ALTON J CAHOON TOTAL PERMIT AREA-16.97 AC PO BOX 515 MANTEO, NC 279U 1AD D 76 IN ADD LVP BY lTHG WARY 4.W17 N FEET) 1 m INcn.lEa n. RECLAMATION SLOPE&BERM DETAIL J AB PFERRY :\ TA G&1RNE5 PALIF'RINE FORESTED '\ PALUSTAINE FORESTED '\ SEASONAL SATURATED SEASDNAL$ANRAISD wfTAND \ WEILNN \ 0 \ T ancKOKV . ... . . .W.ET}AHos.-._.. - ' RLIAeaoaaw — ra ARn[s Now I GE _ _ _ �i^ � -\• IiII II / /o. PALUiWINE FORESTED \1 Pa Ij� SEASONALSATURAFEO '\ l0. I III WETLAND xru�w SLOPN3 JHAK „s lii I " A III j 1 I,ii !1 i I 1�1 \ I IiI ! 'I I II III i�\ � i 1 141j1, i II I�I ' SASAC POND I 1, :1 j MIN 8.11 AC POND l DEPTH 4 FT C j MIN DEPTH 4 FT 1 ! I I AVG DEPTH 25 FT qVG DEPTH 25 FT ! 1 \ I;jl j, ! j MAX DEPTH 35 FT i0I j I 1 MAX DEPTH 35 FT lil 1 1; Ij I� I i II I \ it 1 ALQP F .. rT WIN I. rw q ra DBMxEs MWSTRINE FORESTED I=s....a.__._.....__.-.._..._.. .�....._�., '. SEASONAL SATURATED S AM a W D ! WErl9NOS.. ...-- --_ . ��i =�f1ELO pF.AI�NAGGECAANNAL••_••_•• I oNFAIL ro i wERAN06 EAIONG j PUMP w O i I NIP SIPIpN j' j JMBA J CAHOON m II J M 5 A CAHOON •' CULDVAMD RELD E CULTVAMD FELD ' j All, I n i I LDAVERPORf' ILI j de OF, jj N91E I j GRAVEL iI ' CQNSTRUCIGN�1 �Jc 6.-tn1 FT ROW ice / 1 NIF \ NIP \ Nee NF NA: L NA, NIF v\ NNA, w •\ Ns \ MF \ NF RAP :\ EGA+IWLR •\ GALRYAN :\ JN MG]fE5 I JNMCCLEES ! JFRIVERA I JABA$DN :\LAa LxRL \ HAaO 9gTT$ ESMCNNNEY \ BxNT9 RXINESI \ '. MINING CHECKLIST FOR ROUTI11 A icant's Name: r tNamc: / V I 1 - ApphcVPersonNo. County: ��(hA0i1 Date Received r0 h3hp, Reviewer: 1 II W ) River Basin Nano: PW44t. 171(/h � l b� New ❑ Modification(inside permit boundaries) ❑T Modification(mtsidepeer�mii bovndaies) El Transfer ❑ ase Rele ❑ Partial Release I Additiaml Inforsnution ❑ Fee Needed s ❑ Fee Received s Pkasse route/n�oir1e application package to: �/1 ASrI�n�_Regionat Office(i complete ropim wtah tie"LQS Regional Ofia Mining Application Reoiem Ckchha"no meopyandattmh6nh the DAQmd DWR"Mhdng Application Resins;Form"to theaher ropy;send Inch copies to the Regbnsl Engineer) /pp Doe:Routed 3 /J Reed ❑ Division ofWate Resources Doer Rowed Reed ❑ NC Wildlife Resources Commission Doe:Rowed Reed ❑ US Fish dr Wildlife Service Doe:Rowed Reed (Udymm app"Maiid modifimtim raimm list add Imd to tit permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Perks b Reeeoion Date:Roused Read ❑ NC Geological Survey Section Date:Routed Reed ❑ Division of Marine Fisheries Date:Routed Reed ❑ Division of Soil b Weser Conservation (plus LEA) Date:Rowed Recd (Ody neat appliravans ad mndl ficatfma req eats that add lmd to tk"it) - ❑ Division of Archives N History Date:Rowed Reed (Odymronpplicmus) ❑ Other: Date:Routed Reed x* Suspense Date for Comments: I V (no later than:f days from receipt) ❑ Please rote the following: APPLICATION FOR A MINING PERMT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT R E C F-IV L lD (PLEASE PRINT OR TYPE) JUN 13 Z018 LANi D QUALi k Y 1. Name of Mine James Cahoon Mine County Tyrrell MINING PROGRAM River Basin Pasquotank Latitude (decimal degrees to four places) 35.9207560 N Longitude(decimal degrees to four places) -76.221684' W 2. Name of Applicant*_ Alton J. Cahoon, James M. Cahoon 3. Permanent address for receipt of official mail** 110 Holly Ride Road Manteo NC 27954 Telephone (252 )473-5111 Alternate No. (252)216-6604 4. Mine Office Address 110 Holly Ridge Road,Manteo,NC 27954 Telephone (252)473-5111 5. Mine Manager Alton J. Cahoon,James M. Cahoon 6. E-mail Address: jamescahoon06O5@jZmail.com,eodc59@yahoo.com 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 a'Y' d a/1 Date _ June 8,2018. Print Name Alton J. Cahoon,James M. Cahoon Title _ _ Owner, operator _ * 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 officerrequired. 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. -3- nMINING CHECKLIST FOR ROUTING Applicant's Name: (lx Kk, LeV'Wn �' X& U.`fAQi NectName: ( IinlNJti(.tx,/ ,rx n/ Applic,/Pmna No: 0, County: Date Received:`� Reviewer. L J�`I/l'-A River Basin Name: 61 Nem ❑ Modification (inside permit houndaries) ❑ Modification(outside per�miitt boundaries) El Transfer ❑ Release ❑ Partial Release LI Additional Information ❑ Fee Needed:s Cl Fee Received$ Please route entire applicat Lion package to: �/ AI / \ Regional0fhee(x complse< ui atth the`LQS gnsal O MangMpt'v ision Rem'ea (1heeilia"toma ropy atach mh the DAQast DWR"Mining Application Review Farm"to throtha copy;sad both copies the Regiond Engineer) Date:Routed (a 7 LgRec'd ❑ Division of Water Resources Date:Routed Rec'd ❑ NC Wildlife Resources Commission Date:Routed Rec'd ❑ US Fish v Wildlife Service Date:Routed Rec'd (Oily cow aWicmims and mdificalan regoms tha add had w the permit) Please route first 3 pages of the application and any location maps to: ❑ Division of Parks ill Recreation Date:Routed Reed ❑ NC Geological Survey Section Date:Routed Rec'd ❑ Division of Marine Fisheries Date:Routed Wit ❑ Division of Soil ill Water Conservation (plus LEA) Date:Routed Rec'd (Oily new applications and mstifrmtimurepave thaadd last to the pe mlt) ❑ Division of Archives L History Date.Routed Reed (OdymmappRcmn) ❑ Other: Date:Routed Recd *� Suspense Date for Comments: (no Leer than zs Sys Ernes eedpt) ❑ Please cote the follmoing: I N 0 APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT RECEIVED (PLEASE PRINT OR TYPE) ,JUN .O 7 2018 LAND QUALITY I. Name of Mine James Cahoon Mine County Tyrrell MINING PROGRAM River Basin Pasquotank ^ Latitude (decimal degrees to four places) 35.9207560 N Longitude(decimal degrees to four places) -76,221684" W 2. Name of Applicant*! James M. Cahoon, Alton Jack Cahoon 3. Permanent'address for receipt of official mail** 110 Holly Ridge Road Manteo NC 27954 Telephone (252 )473-5111 _ Alternate No_ ( 252 )216-6604 4. Mine Office Address 110_Holl„y Ridge Road, Manteo,NC 27954 Telephone ( 252 )473-5111 5. Mine Manager James M. Cahoon & Alton Jack Cahoon 6, E-mail Address: iamescahoon06O5(a)_gmaii.com,eodc59@yahoo.com 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 l Date May 31, 2018 Print Name James M. Cahoon, Alton Jack Cahoon Title _ Owner, operator * 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 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. -3- 0 0 APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 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: Alton Jack Cahoon Print Name: .lames M. Cahoon Print Name: James M. Cahoon, Alton Jack Cahoon (Title, if applicable) - — Company Title: Owner,operator (If applicable) Address: 110 Holly Ridge Rd. Company: NA Manteo,NC 27954 Mine Name: James Cahoon Mine Telephone: ( 252 ) 473-5111, (252 ) 216-6604 Telephone: ( 252)473-5111, (252) 216-6604 Date Signed: _May 31, 2018 Date Signed:—May 31,2018 *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(see next page for fee schedule)in the form a cheep or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigb 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. -41 - i ROY COOPER cr..r Kro MICHAEL S. REGAN Secrelpg Energy. Mineral WILLIAM E. (TOBY) VINSON, JR. mrerlm orInrror Land Resources _NVIpONMENIAt OIIALITY May 21, 2018 Mr. James M Cahoon PO Box 518 Manted, North Carolina 27954 Re: Cahoon Mine (Draft Permit) Tyrell County Pasquotank River Basin Dear Mr. Cahoon: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971 , The reclamation bond calculation worksheet submitted with the application has been verified. The bond amount for this site is $14,300.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., James M. Cahoon. In addition to one of these alternatives you may, upon request, substitute a cash deposit. Please review the enclosed draft permit and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. lNothing Compares Slane of North Carolina I Eli V1IVon Villat Quality I Energy,Mineral and Land Resources 512 N.Salisbury SIrceI I ILR Mail Service Center I Raleigh Norlh Carolma2?b99-16R on 707 9200 Mr. Cahoon Page Two Please contact Judy Wegner, Assistant State Mining Specialist, at (919) 707-9220 if you have any questions. Sincerely, David Miller, PE State Mining Engineer DMljw Enclosures cc: Mr. Samir Dumpor, PE �r DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: James M. Cahoon Cahoon Mine Tyrell County - Permit No. for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environmental Quality, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. This permit is valid for the life of the site or life of lease, if applicable, as defined by Session Law 2017-209 and'has no expiration date. However, all provisions of GS 74-51 and GS 74-52 still apply for new, transferred and modified mining permits. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Stormwater Program to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer (minimum 60 foot undisturbed) shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, sediment check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected areas around the mine excavations shall be diverted internal to said excavations. C. Mining activities shall occur as indicated on the Mine Map dated January 1, 2017 and the supplemental information received on Februaryl, 2018 and April 23, 2018. 5. All affected area boundaries (14.78 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The,angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of sedimentation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public_ 9. Sufficient buffer (minimum 30 foot unexcavated) shall be maintained between any excavation and any mining permit boundary to protect adjacent property. 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Division of Energy, Mineral and Land Resources, Department of Environmental Quality. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Energy, Mineral and Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6, drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Energy, Mineral and Land Resources prior to commencement of such disposal- 1, the approximate boundaries and size of the refuse disposal area, 2. a list of refuse items to be disposed; 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4, verification that the refuse will be disposed at least 4 feet above the seasonally high water table, and, Page 5 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report and Annual Operating Fee of $400.00 shall be submitted to the Department by July 1 of each year until reclamation is completed and approved for release by the Department. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit t6%be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. • 0 Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards as Provided _by G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the Revegetaion Plan approved by Alton E. Ward, Jr., Extension Agent with the North Carolina Cooperative Extension on October 28, 2015. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit, issued this *th day of *, 2018. By: William E. Vinson, Jr., Interim Director Division of Energy, Mineral, and Land Resources By Authority of the Secretary Of the Department of Environmental Quality • s Wehner, Judy From: Edwards, James Sent: Monday, May 07, 2018 1:43 PM To: Wehner, Judy Subject: lames Cahoon mine Attachments: 180507 MINE ROUTING MEMO JAMES CAHOON MINE TVRRE-89-11.pdf Ms. Wehner, Please find attached the Mine Routing Memo for the lames Cahoon Mine permit H 89-11, Tyrrell County Thank you kindly, James B. Edwards, CESSWI Environmental Senior Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office iames.edwardsOncdenr.gov 943 Washington Square Mall Washington, NC 27889 — Nothing Compares.... Email cormspondence to and mom this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t • o DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY MINERALS AND LAND RESOURCES Date: May 7, 2018 MEMORANDUM TO: Judy Wehner, Assistant State Mining Specialist Raleigh Regional Office I�ROM: James B. 1Hdwards, Environmental Senior Specialist Washington Regional Office RE-. Permit # 89-1 1 (Pending) Mine Name: James Cahoon Mine County: Tyrrell River Basin: Pasquotank The information submitted requesting a new mine permit with additional information received by this office on April 25, 2018 has been reviewed with the following comments: 1. "There has been a Jurisdictional Determination on the site. 2. Mr. Elliott gave a narrative of the 30-ft unexcavated buffer along the Swain property. have no more comments regarding this permit application and maps. f'we can be of any further assistance please advise. Wehner, Judy From: Ken <ken@kenobx.com> Sent: Wednesday, April 18, 2018 4:21 PM To: Wenner, Judy Subject: [External] James Cahoon Mine - Tyrrell County - Permit 89-11 F CAUTION: External email. Do not click links or open attachments unless verified.Send all suspicious email as an attachment to Judy, Finally got up with USACE yesterday &they have been on the site for a JD. They will have the report to me tomorrow or Friday & I will send it to you immediately by email as a response to the adilet. Please fast track this as much as possible, the owner is in bad health. Thanks, let me know if you have any questions. Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone: 252-339-9021 Fax:888-637-6241 Email: ken@kenobx.com t MINING CHECKLIST FOR ROUTIN/nG� /) Applicant's Name: LyfX11'IG'S 1(I landm f ProjectNatne: CJ�_ U4?7}z�i// e Applic./Per((unt��Noo: II II County: �un� Date Received: � Re(oinoer; / LJI� N Rion Basin Name: ''f'/-Y� , 'J L�J, Nno ❑ Modification(inside"it boundaries) ❑ Modification(outside permit ndaries) ❑ Tmnsfn ❑ Release ❑ Partial Release ps Additional Information ❑ Fee Needed:s ❑ Fee Received:s P�rteasf route entire application package to: NIA/AflAi inn -K Regional Office(a eowplete copies;attach the"LQS Regional Office Mining Applicants Review C"isto to me"a�Jmrmh both tk DAQwrd DWR"Mvdag App&mion Rooiem Form^to the a6r c",tend hoth copes to the Regimd Enginen) y Date:Routed 4 l✓ ) Ra'd ❑ Division of Water Resources Date:Routed Rn'd ❑ NC Wildlife Resources Commission Date:Routed Rec d ❑ US Fisk&Wildlife Service Date.Routed Rec d (Only nevi opp&micas and onofi fieaion ropes t;that add tend to the Minh) Please route first pages of the application and aaq location maps to: ❑ Division of Parks&Reneatioa Date:Routed Rec d ❑ NC Geological Survey Section Date.Routed Reed ❑ Division of Marine Fisheries Date:Routed Reed ❑ Division of Soil&Water Conservation (plus LEA) Date:Routed Reed (Onlynrw ppli atiwa and modification requests da add W to the permit) ❑ DivisionofArchdveedr History Date:Routed Rec'd (OalyMoappliwus) ❑ Othn: , Date:Routed Rer'd ** Suspense Datefor Comments. (no low than 25daysfromreceipt) 0 Please note the follouing: Elliott Consulting 202 Elliott Road PO Box 112 Aydlctt, North Carolina 27916 D Judith Wehner Phone: 252-339-9021 NC Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources Land Quaiity Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 ---------------- ------------------------------------------------------------------------------ Dear Ms. Wehner: I am writing to you on behalf of James M. Cahoon, mining permit applicant for the James Cahoon Mine in Tyrrell County, proposed permit #89-1 1. This letter is in response to your letter of March 1 requesting additional information regarding his application. The issues brought up are addressed as such: • Request to provide wetland delineation of the site: Wetlands delineation was performed by Doug Dorman, Atlantic Environmental Consultants LLC, no wetlands were found on mining permit site. Delineation confirmed by Billy W. Standridge, US Army Corps of Engineers, Preliminary Jurisdictional Determination, Action ID SAW-2018-00514, copy attached. 1737-ft canal bordering north and east side of permit area is considered a water of the US under this jurisdictional determination. Canal is separated from affected area of mine permit area by 60-ft wide undisturbed buffer. No other wetlands on site. • Explain safety of 30-ft unexcavated buffer along Swain property boundary (west side of permit boundary): 30-ft wide buffer will be adequate to protect adjacent property from caving in because the top edge of the excavation will start 30 feet from the boundary and then slope gently down with a 3:1 or flatter cut slope above the pond water line and a 2:1 or flatter cut slope below the water line. Unexcavated buffer will contain haul road and I 0-ft wide x 2-ft tall erosion control berm. Thank you, please let me know if you have any questions. Ken Elliott Elliott Consulting O April 19, 2018 R 2`� ZOtg U.S. ARMY CORPS OF ENGINEERS WIL.MINGTON DISTRICT Action Id. SAW-2018-00514 County; Tyrrell County U.S.G.S. Quad: Columbia East NOTIFICATION Of.JURISDICTIONAL DETERMINATION Property Owner/Applicant: James K Alton Cahoon Address: 110 Holy Rid Le Road Manteo,NC 27954 Size(acres) 16.97 Nearest Town Columbia Nearest Waterway Scuppernong' River River Basin Alhemarle-Chowan USGS HUC 03010205 Coordinates Latitude:35.920478022 Longitude:-76.22093595 [.(cation description; The review area for this jurisdictional determination totals 16.97 acres and is located approximately 1.5 miles cast of Columbia and immediately north of Hwy 64 in,ryrrell County,North Carolina.The review area is comprised of aLriculturaf fields,except for 1,737 feet of canal that borders the north and east side of the review area.The canal will be considered a water of the United States under this jurisdictional determination. Indicate Which of the Following ApplV: A. Preliminary Determination x There are waters on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act (RI[A)(33 USC§403). The waters have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may he used in the permit evaluation process,including determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would he affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CPR Part 331). However,you may request an approved JD,which is an appealable action,by contacting; the Corps district for further instruction. _ 'There are wetlands on the above described property, that may be subject to Section 404 ofthe Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403). However,since the waters, including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/Itf-IA jurisdiction over all oi'the waters, including wetlands, at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters ofthe U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters ofthe United Statcs within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 ofthe Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulationS,this determination may be relied upon Im a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 ol'the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for itperiod not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain it consultant to conduct a delineation that can he verified by the Corps. Page 1 of 2 � s SAW-2018-ou514 _ The waters ol'the U.S., including wetlands, on your project area have been delineated and the delineation Ims been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your properly which, provided there is no change in the law or our published regulations,may be relied upon lbr a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations,this determination may be relied upon Cor a period not to exceed live years from the date of this nwifiicaiion. There are no waters of the U.S.,to include wetlands, present on the above described project area which are subject to the permit requirements of Suction 404 of the:Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be rclicd upon for a period not to exceed five year,; front the dale of this notification. The property is located in one of the 21)Coastal Counties subject to regulation under the Coastal Area Management Act (CAAIA). You should contact the Division of Coastal Managernent in Washington,NC,at(252)946-6481 to determine their requirements. Placement of dredged or till material within waters of the US, including wetlands,without a Department of the Army permit may constitute a violation ol"Section 30.1 ol'the Clean Water Act (33 USC§ 131 1). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Anny permit may constitute a violation ol"Sections 9 and/nr 10 of the Rivers and l larbors Act (33 USC §401 and/or 403). Ifyou have any questions regarding this determination and/or the Corps regulatory program,please contact Billy StandridLe at(910)251-4595 or Billy.W.Sta nil ridgen.usacc.arn y.mil, C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: The attached neap labeled "P,11)Map Cahoon Mine Site"shows the 16.97-acre review area and the canal/water of the United States located within the review area. E. Attention USDA Program Participants This dclincationldetermination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1995. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local oflice of the Natural Resources Conservation Service,prior to starting work. F. Appeals information far Approved Jurisdiction Determinations (as indicated in Section R.above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed You will find a Notification o1-Appeai Process(NAP) fact sheet and Request for Appeal(RFA)form. Ifyou request to appeal this determirtalinn you must submit a completed RFA f'orin to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW,Room l OM 15 Atlanta,Georgia 30303-9801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by NIA. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. STANDRIDGE.BILI-Y,WAYNE,1240687956 Corps Regulatory Official: 2018.04.19 14:30:07 -04'00' Datc: April 19,2018. Expiration fate: NIA sA W-21118-00514 The Wilmington District is committed to providing the highest level of support to the public. TO help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://cot2sniapu.usace.army.mil/ctrt apex/f?p=136:4:(). Copy Furnished: DouL, Dorman_ Atlantic Environmental Consultants P.O. Box 3266 Kitty,Hawk,NC 27949 saw 21119-oasts d ' NOO TIFICATJON OF AIID1JNISRR 1+T[YiE APPEAL Opal+I OO NS .4VD P.RnCESS AND REQUEST FOR AP aEAL Applicant: James& Alton Cahoon File Number: SAW-2 0 1 8-0 0514 Due. April 19, 201X Attached is I See Section below Ll INITIAL PROFFERED PERMIT Standard Permit or Letter of l rrussion A PROFFERED PERMIT Standard Permit or Letlerofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E -SECTION I -.Tire following ideniifics your rights and options regarding an administrative appealp(Ihc above decision. .:. Addmonaliumpro iatioon may be found at hn /Aviyow. sncv.arm anil/117wstonsl'ivilWorkclRc slat Pm ramandp ra dis s el or . Corps reulatmal 33CFRPmt331 ,' A: INITIAL PROFFERED PERMIT: You may accept or abject to the permit. ACCEPT: if you received a Standard Partial,YOU Only sign the permit document and return it to the district engineer for final authorization. It you received a Letter of Permission(LOP), you may accept the LOP and your work is authorized Yoursignature on the Standard Permit ormcept ice of The LOP means that you accept the pcnnit in its entirety. rind waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. OBJECT: If you object Tu the permit(Standard or LOP)because ofcertain terms and conditions lhemin,you may request That the permit be modified accordingly. You must complete Section II ofthis form and return the form to the district engineer. Your objections must be received by the district engineer within 66 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt ofyour letter,The district engineer will evaluate your objections and may:(a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously writer. After evaluating your objections, the din itt cnginccr wil I send you a proffered pcnnit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: Ifyou received it Standard Pemrit,you may sign the permit document and return it to the district cnginccr for final authorization. it received a Letter of Pennicsion(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance OIL he LOP meatus thin you accept the pcnnit in its entirety,and waive all rights to appall the permit, including its terms and conditions,and approved fit calielurnal determinations associated with the permit. • APPEAL:. It choose todecline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by coupled ng Seta ion II ofthis 1'ornr and.sending the form to the division engineer. This form must be received by the division engineer wi thin 60 days of Mc cold of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. ACCEPT: YOU do not need to notify the Corps in accept an approved JD. Failure to notify the Corps within 60 days office datcol' this notice means that you accept the approved JD in its entirety,and waive all rights to appcal the approved JD. APPEAL: Ifyou disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Alumnisomivc Appeal Process by completing Section 11 ofthis tram and sending the form to the division cnginccr. This form must he received by the division engineer within 60 days of the date of this notice. SAw.211IN410514 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II RE UES'EFOR.APPEAL or OBJECTIONSITO AN INITIAL PROFFERED PERMIT" REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional infonnalion to clarify the location of information that is already in the administrative record. POINT OF,CONTACGFOR'Q UESTIONS'OR INFORMATION , M .+ If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact also contact District Engineer,Wilmington Regulatory Division, Mi.Jason Steele,Administrative Appeal Review Officer Attn: Billy Standridge CESAD-PD0 US_Army Corps of Engineers,South Atlantic Division 60 Forsyth Street,Room 16MI5 Atlants, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct ibvestigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunnX to participate in all site invcsti rations_ Date: Telephone number: Signature ofa ellant oragent For appeals on Initial Proffered Permits send this form to District Engineer,Wilmington Regulator'Division,Attn: Hilly Standridge,fig Darlington Avenue,Wilmington; North Carolina 28403 For Permit denials,Proffered Permits and approved.Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S.Army Engineer Division,South.Atlantic,Attn: Mr.Jason Steele, Administrative Appeal Officer,CESAD-PDO,all Forsyth Street, Room 10MI5, Atlanta,Georgia 30303-SNlll Phone: (404) 562-5137 vm wnr • Nuoas • a,E . C wOCNM Il EXCA . ,TK uwxvEIAW KEEEENNO BEEN x[`w[o Mwxc+rw ,fEMILI M,' G\wECeuriExi :INAC f!L HEKnx.M.111M1H! EQALE EO.xE.-1 Cr1EMElOU4,gxf cueE EAEVKAAYf U.coueEn ENrreEe..i Ex1x..A4-�ETxC 518 M.IREO IOK �IWSALNC 2M whe BE In x r--m•• IIETI 1N•Nf r E/x.•EIIEERBI UDETEu\rt\\��I \1 e�R A�f y � 0.a 1 � ..n✓.�., tY M1n EfM1nCrnlE Allyl x.r �M..�vx�tlM1ufl rpMN110Pw1 � 1 � j �YExs lyrM \ 1 I 4 r x 1 ({ 1 kmewow 5 S 1 , 1 pp t y y t I 1 . i If - i I I i 1 1 A 1 1 1 \ �� 1 • ` � .vw,.eu I x�nn I . e 1 r :1.. � 1 \ w. Wehner, Judy From: Ken <ken@kenobx.com> Sent: Thursday, April 19, 2018 10:16 PM To: Wehner, Judy Cc: Edwards, James; Pullinger, Robert C Subject: [External] lames Cahoon Mine - 89-11 - adilet response Attachments: Judith Wehner Cahoon response 041918.pdf, SAW-2018-00514 Cahoon Mine P)D_ 041918.pdf Hello Judy, Please find attached my response to your additional information request letter of March 1 for the lames Cahoon Mine application, permit If 89-12. The attachment contains the cover letter and the PJD from the Corps. I will have hard copy in the mail to you tomorrow. Thanks, Ken Elliott Elliott Consulting PO Box 112 Aydlett, NC 27916 USA Phone: 252-339-9021 Fax:888-637-6241 Email: ken@kenobx.com t Elliott Consulting 202 Elliott Road PO Box 112 Aydlett, North Carolina 27916 Judith Wehner Phone: 252-339-9021 NC Department of Environment and Natural Resources Division of Energy, Mineral and land Resources Land Quality Section 1612 Mail Service Center Raleigh, North Carolina 27699-1612 Dear Ms. Wehner: 1 am writing to you on behalf of James M. Cahoon, mining permit applicant for the James Cahoon Mine in Tyrrell County, proposed permit #89-1 1. This letter is in response to your letter of March 1 requesting additional information regarding his application. The issues brought up are addressed as such: • Request to provide wetland delineation of the site: Wetlands delineation was performed by Doug Dorman, Atlantic Environmental Consultants LLC, no wetlands were found on training permit site. Delineation confirmed by Billy W. Standridge, US Army Cotes of Engineers, Preliminary Jurisdictional Determination, Action ID SAW-2018-00514, copy attached. 1737-ft canal bordering north and east side of permit area is considered a water of the US under this jurisdictional determination. Canal is separated from affected area of mine permit area by 60-ft wide undisturbed buffer. No other wetlands on site. • Explain safety of 30-ft unexcavated buffer along Swain property boundary (west side of permit boundary): 30-ft wide buffer will be adequate to protect adjacent property from caving in because the top edge of the excavation will start 30 feet from the boundary and then slope gently down with a 3:1 or flatter cut slope above the pond water line and a 2:1 or flatter cut slope below the water line. Unexcavated buffer will contain haul road and l0-ft wide x 2-ft tali erosion control berm. Thank you, please let me know if you have any questions. t I C . { Ken Elliott Elliott Consulting April 19, 2018 U.S, ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00514 County: Tyrrell County U.S.G.S.Quad: Columbia East NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: James& Alton Cahoon Address: I10 Holy Rider Road Monica, NC 27954 Sim(acres) 16_97 Nearest Town Columbia Nearest Waterway Seuppernone River River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude:35.920478022 Longitude:-76.22093595 Location description: The review area for this 'uri i tion 1 determination totals 16.97 acres and is located approximately I S miles east of Columbia and immediately north of Hwv 64 in Tyrrell County, North Carolina.The review area is comprised of sericultural fields,except for 1,737 feet of canal that borders the north and east side of the review area.'I'he canal will be considered a water of the United States under this iurisdictional determination. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters on the above described project area, that may he subject to Section 404 of the Clean Water Act (CWA)(33 USC§ 1344)and/or Section 10 ofthe Riven and Harbors Act (RHA)(33 USC§403). The waters have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. Thereare wetlands on the above described property, that maybe subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC § 403). However,since the waters, including wetlands, have act been properly delineated,this pm]iminaryjurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption ofCWA/RHAjurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able in accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can he verified by the Corps. B. Approved Determination There are Navigable Waters ofthe United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish This wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page I oft • i w-z t -tiu5t4 _ The waters of the U.S.,including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on +I your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S.,to include wetlands,present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington,NC,at(252)946-6481 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403). 1 f you have any questions regarding this determination and/or the Corps regulatory program,please contact Billy Standridge at(910)251-4595 or Billy.W.Standrideeraa)usace.armv.mil. C. Basis For Determination: NIA. An Approved JD has not been completed. D. Remarks: The attached map labeled"PJD Map Cahoon Mine Site"shows the 16.97-acre review area and the canal/water of the United States located within the review area. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B.above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta,Georgia 30303-8801 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NIA. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. STANDRIDGE.BILLY.WAYNE.1240687956 Corps Regulatory Official: 2018.04.19 14:30:07 -04'00' Date: April 19,2018 Expiration Date: NIA SA11.2U1R-UU�I� The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://co[ptimapu.usace.army,mil/cm apex/rr)=136:4:0. Copy Furnished: _DU_ uj,,Dorman Adyntic Environmental Consultant% P.O. Box 3266 Kitly I lawk.NC 27949 NOTIFICATION OF AD_ ISTRATIVE,APPEAL OPTIONS AND,PROCE SAND APPEAL Applicant: James @ Alton Cahoon File Number_ SAW-2015-00514 Date: Aura ig,2lits Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A PROFFERED PERMIT Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED it DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION 1 -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at htt ;// .usace.arm .mil/Missions/Civil Works/R ul to Pro andPermits. x or Corps regulations at 33 CFR Part 331. A: IN I'II A L PROFF E RED PERM IT: You may accept or object to the perm it. ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorisation. If you received a Letter of Permission (LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. OBJECT: If you object to the permit(Standard or LOP)because of certain terns and conditions therein,you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)our modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and rearm it to the district engineer for final authorization. If you received a Letterof Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the time of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This forth must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. 0 0 SAW-E018- 514 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved 1D (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proflered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record- POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regrading this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact also contact District Engineer,Wilmington Regulatory Division, Mr.Jason Steele,Administrative Appeal Review Officer Attn: Billy Slandridge CESAD-PDO U.S. Army Corps of Engineers,South Atlantic Division 60 Forsyth Street, Room I OM 15 Atlanta,Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will he provided a 15 day notice of my site investigation,and will have the opportunq to participate in all site investi ations. Date: Telephone number: Signature ofappellant or agent, For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division. Attn: Billy Standridge,69 Darlington Avenue,Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer,Commander, U.S. Army Engineer Division,South Atlantic,Attn: Mr.Jason Steele, Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street, Room IBM 15, Atlanta,Georgia 30303-8801 Phone: (404)562-5137 ND YM •AQFAOSS • xpre T�.ewriexoucrnrrxo CNgpN SITE \•uw' ���� ewh..xpw.xor WexxlVlweo LZME cwcw. �.n.aenw..o k e.•aneC\Iwaa�"ixix"iw.xr.eexcrrw owa.�Ta UNDSTIORSEDOUTOERS -r...c rTal.ulearTOTALPERNITAgpLA-nW.c we ADO wrsn wm(L w m.r 1110 In Ask ..P..,� non •r•_• nuueTelWwDeTu\ ,..,..... 1\ ..a....r. 1 1 1 d � 11 wV.., ll 1\ 1 \ \ t r Iwo IAIhwMIl.Way — Ki 1 \ 1 VIr.Y .Yb4 \ 1 L \ \1 { C \ � / 1 e... AAAAAAAA .... gI IAW ti ,.„ . ..,...d..,, ,m a;1. I I 1 1 \\gap1 I 1, 1\ AAA 1\ ,1 \` .w.w � ' 1 ....AT \1 i.wru .run i " . u 111 . . 1 D . 1 \ .m WR •_ AAA, 1 • \ nr r � Imo' \ 1 �, \ ._ 1 i I.. 1 RECE \v? MAR 052018 Log Ink:�OL Li NLL) LliALITY DPR/RRS Mining Permit Application Review RRS Contact: /J Name of project: Ai: Z- �I^+,� N^'� l'1 County: Y+'•—�/gNE6 (�APDCO 141E Proposed activity is is not within 5 miles of a public — p park or recreation area. If yes, identify th)name: Manager/agency(contact n(phone; fa(e-mail):Review conducte , k/�AJ Date: Z Z PLEASE RETURN CQyL&EldU1D=WITH YOUR REVIEW/COMMENTS. YOU MAY ALSO E-MAIL YOUR RESPONSE AND/OR COMMENT"UPSTIONS TO: steve.livinestone(T)ncoarks ov THANKS! Return to: Steve Livingstone (919) 707-9331 steve.livingstone&cparks,gov DENR/Division of Parks& Recreation 1615 MSC Raleigh,NC 27699-1615 Livingstone, Steve F From: Bryan, Luann Sent: Monday, February 26, 2018 4:22 PM To: Livingstone,Steve F Subject: Re: Mining Permit Application for lames M. Cahoon, James Cahoon Mine -Tyrrell County, Log.91078 r^ l Steve On the road Will be within 5 miles of the P '" . . ice• +o7s<--cii�lT� ] am sure it is within 5 miles of the Poeosin Lakes National Wildlife Refug 1 can't access my google earth to check Pittigrew,distance Sorry. 1 will do others as soon as I have google earth B ; 0. �1( W.S Lr/D.&1J&7a1JA¢. Get Outlook for iOS ( (�jiN,Bl�� Atc Z79ZS From: Livingstone, Steve P -7'710 —jO0 cL Sent: Monday, February 26, 2018 1:03:30 PM To: Bryan, Luann Subject: FW: Mining Permit Application for James M. Cahoon, James Cahoon Mine- Tyrrell County, Log H 1078 LuAnn, Input on the attached? S&Ve MSC 1615 Raleigh, NC 27699-1615 (919) 707-9331 stcvc.iivingstonc@iicparks.gov ncparks.gov 2514E NORTH CAROLINA STATE PARKS NaluM&f Woaa'W E-madcurregpndence ro and from dvrsacf&es rnaybesvbwt b the North Carolina Public Remnis Law and may be desdosedW third parties. From: Livingstone, Steve F Sent: Thursday, February 08, 2018 11:25 AM To: Bryan, Luann(Iuann.bryan@ncparks.gov) <I uann.hryan a ncparks.gov> Subject: Mining Permit Application for James M. Cahoon, James Cahoon Mine -Tyrrell County, Log #1078 Importance: High li Per the attached. Comments due by 0223. Thanks, ,Store MSC 1615 Raleigh, NC 27699-1615 (919) 707-933 1 t 0 steve.livingstone a neparks.go v 2514E NORTH CAROLINA STATE PARKS Na" Won&4d E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and maybe disclosed to third parties. 2 ROY COOPER Governor MICHAE:L S. REGAN Secretary Energy,Mineral& February 2, 2018 WILLIAM E. (TOBY) VINSON, JR, Land Resources Interim Director ENVIRONMENTAL OUALITY MEMORANDUM TO: Mr. Brian Strong Division of Parks and Recreation FROM: Brenda M. Harr' Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for lames M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51 (5). I~ Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all raining permit applications, renewals and modifications,this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor %`Nothing Compares. State of North Carolina I Environmenta[Quality I Energy.Mineral and Land Resources 512 N.Salisbury Street f 1612 Mail Service Center I Raleigh,North Carolina 2 769 9-16]2 919 707 9200 a Wenner, Judy From: Ken <ken@kenobx.com> Sent: Monday, March 05. 2018 9:54 AM To: Wenner, Judy Subject [External] Preliminary response to James Cahoon Mine - Permit 89-11 - Request for More Information Ex[ernalemail. oo not dick lin sor open attach ents unless verified. Sentl all suspicious email asa attachment to a Judy, I spoke with Robert Tankard and Chris Pu l linger at WARO regarding the request fora wetland delineation. I am contracting with Doug Dorman to have a delineation done ASAP and get a preliminary JD from the Corps, Doug said we should be able to get that done pretty quick. BTW, the mailing address on the Permit Application needs to be changed. It is showing PO Box 518, 110 Holly Ridge Road, Manteo. The 100 Holly Ridge Road is correct, please strike the PO Box 518, an old address no longer used. Sorry a bout the address,just found out this morning. Thanks, Ken Elliott Elliott Consulting PO Box 112 Aydlett, INC 27916 USA Phone:252-339-9021 Fax: 888-637-6241 Email: ken@kenobx.com t • Complets items 1,2,and 3.Also complete A. slgnatum ^/I` i item 4 g Restricted Delivery is tlasiretl. n// ^Y /O Ai and III Print your nm rev and a e a accl on the erse' v�l u 0 Addressee so that"can return the OHM fo you. `a. Received by fRbnhaa mare" C. Data ofnal • Affach the OHM to the back of the mailplece, or on the front 0 space permits. D. IstlelNary Ptl0a9s tlilferai:imm`i`mg,t 13%a 1. Micle Atltlressea b: It yFS,°an'boOelNe'ry ad5rea'below.. ❑ No - - Wk%A 0 9 2018 J p' r/ N MR LAMES M CAHOON � r_o na PO BOX 518 3. SMlMTyraW' MANTEO INC 27934 nwl ❑Express Mall Regletee0 etum Receon for Merchanclae msae0 Mau GO.D. a R®tdatatl Call fISdari Real ❑yea 2. Anke Number I .. ,re-tar;,mvice;aoepl 7015 06140 8007 9831 3071 PS Form 3811, February 2004 Dual Return Receipt mzusoz-mneao UNITED STAT6,y,9tzp1asn4Aa'RA I II II I First-Class Mail I Postage 8 Fees Paid Pr Pemlit No. G-10 • SendV.4''I16 print your name, address, and ZIP+q in this box NORTH CAROLINA DEPARTMENT OF ENERGY,MINERAL AND LAND RESOURCES LAND QUALITY SECTION 1612 MAIL SERVICE CENTER RALEIGH NC 27699-1612 17 0-7401 hrbuhtlulhthtt. ,mrbdb11tuptllt,dahnpPtill ROY COOPER I cnv.rNar MICHAELS. REGAN Sttmtury Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources rm�.1m wreeror ENVIRONMENTAL ousuTY March 1, 2018 Certified Mail .Return Receipt Requested 7013 0640 0007 9831 3071 Mr. James M Cahoon PO Box 518 Manteo, North Carolina 27934 RE: James Cahoon Mine Tyrrell County Pasquotank River Basin Dear Mr. Cahoon: We have reviewed the application you submitted for the referenced mine site. In order for this office to complete its review of the referenced project in accordance with GS 74-50 and 51 of the Mining Act of 1971, please provide the additional or revised information in accordance with the following comments: 1. Provide a wetland delineation of the site and adjacent area. 2. Please explain how a 30 foot unexcavated buffer will be adequate when mining to a 30 foot depth along the Swain property boundary. Adjoining properties must be protected from caving into the pit. - Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note this office may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: Division of Energy, Mineral and Land Resources Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Nothing Compares, Stale of North Carolina I Environmental Quollly I Energy.Mlnel'al and Land 0.esou¢us 512 N.Salisbury Street 11612 Mail Service Center I Raleylt Na th Carolina 2 76 9 0-1612 9197079200 Certified Mail Mr. Cahoon Page Two As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline cannot be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 707-9220 if you have any questions. i cerely, W Judith A. Wehner Assistant State Mining Specialist cc: Mr. Samir Dumpor, PE Wehner, Judy From: Harris, Brenda M. Sent: Thursday, March 01, 2018 9:00 AM To: Wehner, Judy Subject: FW: RE: James Cahoon Mining Permit Application Review Attachments: ER.18-0274.pdf From: Scott,Jennifer C Sent:Wednesday, February 28, 201812:30 PM To: Harris, Brenda M <brenda.harris@ncdenr.gov> Subject: RE: James Cahoon Mining Permit Application Review Our response is attached. Thank you, Jennifer Jennifer Scott Temporary Environmental Review Assistant NC Dept. of Natural and Cultural Resources r S 919(807-6584 iennifecscottraMccli 109 East Jones Street, Raleigh, NC 27601 1 4617 Mail Service Center, Raleigh, NC 276994617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Facebook Twitter Instaorem YouTube 1 • o North Carolina Department of Natural and Cultural Resources State Historic Preservation Office lUti,lr M.Hano,,:Admniirriv.,r cmmoILre(1, p,r o(kc of Amlven.and 11l0,,p. 4uve,y uP J I g"111nn I)urmf NU MLIrr 6tV111 Ch r7 February 28, 2017 Brenda Ibl. Harris Departinent of Environmental Quality 1612 Mgil Service Center Raleigh, NC 27699-1612 Re: James Cahoon Minc, "pyrrell County, Eli 18-0274 Dear Ms-. Hares: 1'11ank you for your email of Nobiliary 2, 2018,concerning the above projcct. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore,we have nd comment on the project as proposed. The above commence arc made pursuant to Section 106 of the:National Historic Preservation Act and the Advisory Council on Historic Preservations Regndarions for Crunpliance with Section 106 codified at 30 CFIi Parr H00. "171ank you for your cooperation and eonsideratinn. Ifyou have questions concerning the above comment, contact Renee Gledhill-Farley, environmental review coordinator, at 919-807-6579 or environmcntal.review(tt7 rcdcv gov_ In all future communication concerning this project, please cite thcabovc referenced tracking number. Sincerely, R-�L aoLa- b*Ramomt M. Nutria Iuomi.ln: It)I:mr frvL111 ytmw,lmEah NC 276101 MmU,g Mdn,,.4,17 Uaa s,nkrCenv,llddgl�Nr 97699Je17 I dula'nne/Pan o 19)wn.bi9n1/Wq.M1599 ROY COOPER Glreriwr MICHAEL S. REGAN srcrcxm• LINDA CULPEPPER hircrinl Uiretior Water Resources EeviRORF exr AL ouwu.r February 23, 2018 MEMORANDUM TO: Ms. Judy Wehner CC Land Quality Section RECEI1 '. N j=1D FROM: Michael Bauer® IFR 2 3 2015 LJ Ground Water Management Branch Division of Water Resources LAND QIJAUTy SECTION SUBJECT: Comments on the Mining Permit Application Request for: James M. Cahoon .lames Cahoon Mine Tyrrell County Please find attached a copy of the mining permit request for the above referenced project. The James Cahoon Mine located in Tyrrell County does not appear to have an unduly adverse effect on ground water supplies since dewatering proposed on site is less than 100,000 gallons per day. However, if the mine starts to withdraw 100,000 gpd of water, they will need to reeister their water withdrawals with the Division of Water Resources on an annual basis. The registration form may be obtained from the following link: http;//www.newater.org/Permits and Registration/Water Withdmwal—and—Transrer—Registration. Facilities are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.22H. This statute requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. If you have further questions regarding the water withdrawal registration please contact John Barr with the Division of Water Resources at (9I9) 707-9021 or email him at john.baff@ncdcnr.gov. ncdcnr.gov. SOW,of Nimb CamoRl, I Ell% roma.m.l W clip I WIta Rc-n.,... IT,I I MIARrviee Collor I NOeiyh.N9 CYo11nR17699-I61 ROY COOPER Governor MICHAEL S. REGAN Secretary Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR. lnferim Director Land Resources eNVIRONMENTAL QUALITY February 2, 2018 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for James M. Cahoon James Cahoon Mine Tyrrell County Mine Dewatering Proposed ❑ No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact L the person submitting this request to set up a convenient date and time. Also, please send a copy of your { comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor /� /'Nothing Compares--,-, State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street I t612 Mail Service Center 1 Raleigh,North Carolina 27699-1612 FEB 2018 9l9 707 9200 -L'!VkS A OF WATER R�SMOES ROY COOPER Governor MICHAEL S. REGAN Secretory K-� 0 Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director February ENVIRONMENTAL QUALITY Fe y 2, 2018 G .l�•DZ-D8•D"� MEMORANDUM �9 TO: Ms. Maria Dunn FEB 2018 v, Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Ha is Mining Program Secretary 4r.,� Land Quality Section �c,zL SUBJECT: Mining Permit Application for James M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments No cz." cc: Mr. Samir Dumpor 2-] -7,31-00 Nothing Compares--, State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 919 707 9200 Wehner, Judy From: Edwards, lames Sent: Wednesday, February 21, 2018 10:08 AM To: Wehner, Judy Subject: James Cahoon Mine and Mary Helen Mine from Air Quality Attachments: JAMES CAHOON MINEtif, MARY HELEN MINE.tif Ms.Wehner, Please find attached the forms from Air Quality in regards the James Cahoon Mine and Mary Helen Mine. Thank you kindly, James B. Edwards, CESSWI Environmental Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office 0ames.edwa rd sCalncde n r.cov 943 Washington Square Mall Washington, NC 27889 fNolhing Corl Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. t ® y�Jrud T or,S; MINING PERMIT APPLICATION REVIEW FORM for the \\ DIVISION OF AIR QUALITY Proiect/Number. .lo..„^ t5 Ca\tivo -, M1 � - County: 41rrl J k Please return comments back to: DF M L Q— Comments due by: Will the operation, as proposed, violate standards of air quality? Comments: YES , _ NO Air permit required Air.permitedsflng _(Permit# Other Comments: Reviewed by: /"'rT!"'b' ter' Date: Print Name: 0,( Central OMu Revim"r: z r FH - s 2018(-gy�p^✓ Rav oft 2006 Wehner, Judy From: Edwards, lames Sent Monday, February 19, 2018 3:18 PM To: Wehner,Judy Cc Dumper, Samir Subject: lames Cahoon Mine 89-11.Review Comments Attachments: 180213 MINE ROUTING MEMO LAMES CAHOON MINE TVRRE-89-11.pdf Ms. Wehner, Please find attached the lames Cahoon Mine 89-11 review comments. Thank you kindly, James B. Edwards, CESSWI Environmental Specialist Division of Energy, Mineral, and Land Resources Department of Environmental Quality 252-946-6481 office iames.edward sittncden r.c ov 943 Washington Square Mall Washington, INC 27889 NZ —"Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY MINERALS AND LAND RESOURCES Date: February 19, 2018 MEMORANDUM TO: Judy Wehner, Assistant State Mining Specialist Raleigh Regional Office THROUGH: Samir Dumpor, Regional Cngineer Washington Regional Office FROM: James 13. Edwards, Environmental Specialist Washington Regional Office R17: Permit # 89-1 1 (Pending) Mine Name: James Cahoon Mine County: Tyrrell River Basin: Pasquotank The proposed mine site is located East of Columbia, North Carolina on Hwy 64 East. The site is a fiat, cultivated field lands and to the North is wooded lands, to the Fast is wooded lands with wetlands, to the South is Hwy 64, and to the West is cultivated field lands. There are "blue-line" ditches to the North and Cast of the site that flow to the East via an existing pump station. The information submitted requesting a new mine permit with additional information has been reviewed with the following comments: I. At the time of the Review Inspection, it appears that the existing pumping station may be out of commission and/or being repaired. Pump parts were observed on a trailer in the field near the existing dwelling to the Southeast. The pump house appeared locked with no access to the interior. 2. This office feels that the proposed 30' wide unexcavated buffer is insufficient to the West side of the permit boundary close to the NIF Swain property. 3. If the 10' W x 2' T berm were closer to the excavation, (on the other side of the 30' W Unexcavated Buffer)then that would give a 20' wide maintenance corridor around the site without possible damage to the proposed unexcavated buffers. It appears on the Reclamation Map that this is the case,please clarify. If we can be of any further assistance please advise. 40 Wehner, Judy From: Tankard, Robert Sent: Thursday, February 15, 2018 12:36 PM. To: Wehner, Judy; Dumpor, Samir Cc: Edgerton, Thom: Pullinger, Robert C Subject: FW: 89-11 DWR REVIEW SHEET 2013 Attachments: 89-11 James Cahoon Mine (Tyrrell-New) 20180215.doc Judy, please find our comments. Thanks! Robert From:Pullinger, Robert C . Sent:Thursday, February 15, 2018 12:02 PM To:Tankard, Robert <robert.tankard@ncdenr.gov> Subject: RE: 89-11 DW R REVIEW SHEET 2013 Robert, Please find attached my comment sheet for this project. There are 2 channelized/headwater wetland features bordering the project, for which I've asked for at least a preliminary JD from the Corps. There was no plan/boundary sheet in the packet, but I've also asked for an 0&M plan, as wetlands will likely be affected. Chris Pullinger Environmental Senior Specialist Division of Water Resources—Water Quality Regional Operations Department of Environmental Quality 252 948 3922 office chris.ouIlinoencco ncdenrgov 943 Washington Square Mall Washington, NC 27889 From:Tankard, Robert Sent: Friday, February 02, 2018 8:00 AM ,q, To: Pullinger, Robert C<chris.pullinaerCo)ncdenceov> �J,L Subject: FW: 89-11 DWR REVIEW SHEET 2013 From:Wehner,Judy Sent:Thursday, February 01, 201812:45 PM To:Tankard, Robert <robert.tankard(alncdenr.eov> Cc: Dumpor, Samir<samir.dumoor@ ncdenr.gov>;Edwards, James<iames.edwardscalncdenceov> Subject: 89-11 DWR REVIEW SHEET 2013 Here's the review sheet for the new James Cahoon Mine in Tyrell County. 1 Pont this lone be PDF Netur DF of this loan to DEMLR CO by email cc DEMLR RO, DWR SPU. sew a copy to the permftee. MINING P MIT APPLICATION RPVIEW FORM forthe DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name James Cahoon Mine DEMLR Permit 89-11 County Tyrell Applicant's Email: ken@kenobx.com PERMIT ACTION TYPE: New YES NO Date Commencing r( r( Have land disturbing activities started? Date? r( r ( Latitude 35.92076 Longitude: -76.22168 Please return comments to (at DEMLR CO): Judy Welrner Comments due b : 2/23/18 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the operation, as proposed, would violate standards of water quality?yes Comments: At least a Preliminary Jurisdictional Determination (PJD) will be required to identify any waters and wetlands within or adjacent to the or000sed mine (and once completed, should be reviewed by DWR). An operations and maintenance plan to protect any waters/wetlands will also be required Watershed/Stream Name & Classification: UT to Rider's Creek (First Creek) and connecting canals: C: Sw: Pasquotank River Basin: Stream Index #30-14-4-10 DWR Compliance Status of Mine: n/a Does this mine (or previous owner) have DWR back fees to pay? n/a If yes, amount: Is this mine an active permit in BIMS? n/a YES NO 401 Wetland Cent. required? `(not sure vet, needs PJD r 401 Wetland Cart. existing? r ( Permit#_ r (_ Does DWR RO have enough information to r r'Needs a Corps determine if a 401 certification is required? r(- determination Is an O & M Plan needed? YES Are wetlands disturbed at this site? r(- F(— Does DWR RO suspect or know of nearby r( r wetlands to the site? — Resamemre.on+n Print this form to PDF Relo DF of this rwm to DEMLR CO by email, cc DEMLR R0, DWR SPU. Send a copy to the permihea. Ah LFrrIJtD Preliminary JD (PT) ) Is a wetland delineation required prior to Consultant r r DWR issuing the permit? iF-(Onsite? �r Offsite? Stream Determination Needed? F(PJD, not in a buffered r r basin — Stream Determination Completed? Does DWR RO need a statement that no wetlandslstreams are disturbed F[ Fir- for this project from applicant? Buffer Determination Needed? Lr—� — FA Buffer Determination Completed? r r F(- Recycle system permit existing? r(Permit #_ ER-- Now Recycle System permit required?' r r F r Enough information to determine? Non-discharge permit existing? Er permit # F rdon4 know F(Unknown. Will wastewaters discharge to HOW waters r t r r7Q10 Permittee with a 7Q10=0? Flaw: must determine. r t Has Violation HO&M Requirements HQW17Q10 Concerns Pay back fees or renew Does DWR require DEMLR to hold the DWR permit permit (e.g. so DWR can review it further or F t Other. r(— because DWR requires more information)? Please describe the reason to hold the permit:PJD rec'd by DWR RO contact: Chris Pullineer F r Hold Until: DWR has seen and reviewed Mine must wait to dewater until an O&M plan is F(— r f approved? — Reviewed bv: DWR RO Surface Water: Chris Pullineer Regional Office: Washington (WaRO) Date: February 15, 2018 RO Aquifer Protection Section: Regional Office: — Date: — Rw Rem=mhor 4n1 n MlyyNI/N� 6CHECKLIST FOR ROUTING /j t� / Applicant's None: FnokaName: �_y(OXA 4k, r Applic,/P emit No: 'County: DateReceio � (� II I Revieurer: A River Basin Name: P1YA�ll.:.j1'19M�1.. ` U Nero ❑ Modifieation(inside Permit boundaries) ❑ Modification(outside pertiiit boundaries) ❑ Transfe ❑ Rekase LU ❑ Partial Release , ❑ Additional Infornuuion ❑ Fee Needed:S TFee Received:S 392 P�llm} e route entire application Package to: 1�\ l i � lO Ls t.sn n Regialml'Office(iromp4te<opia;anuh she"LQS Reeved Offire Mmmg Applhmim Reoiem Chedlin"to hbwht ) DWR"Ming Applbm(m Rmhm Forms"to the other v",send hmh.opia b the Regional \ Engineer) /� nn Date:Routed Jb n ''f 1: Rec'd �2l/M Division of Water Resources Date:Routed ! I Ree'd� NC Wildlife Resources Comnissian Date:Routed , I! Reed I US Fish b Wildlife Service Date:Routed �y Rec'd kip (Only smw appliesdons and mo4amion requests that add lord to the permit) Please mute first 3 Pages of the application and any location maps to: Qe -Reed Division of Parks b Recreation Date:Routed 11a.�1 �] NC Cmlogical Survey Section Date:Routed I 1 Reed © -Division of Marine Fisheries Date:Routed I Reed I ' Division of Soil b Water Conservation (plus LEA) Date:Routed Reed (Odyxarapplicmimsand modifirmimn requeits tMtadd hmd to des parmA) Division of Archives b History Date:Routed c�b l l h Reed a ll�fLI (OdymmOiliness) ❑ Other: Date:Routed Reed ** Suspense Date for Comments: 19 f; (m later than as days firm receipt) ❑ Pkase note the following: s I k o ROY COOPER Governor MICHAEL S. REGAN �6 Secretary Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director ENVIRONMENTAL OVALITY February 2, 2018 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Brenda M. Harri Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for James M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on freshwater, estuarine or marine fisheries (G.S. 74-51 (2)). Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on freshwater,estuarine or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor Nothing Compares State of North Carolina I Environmentat Quality I Energy,Mineral and Land Resources 512 N.Salisbury street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 919 707 9200 ROY COOPER Governor i MICHAEL S. REGAN Secretary Energy.Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director ENVIRONMENTAL QUALITY February 2, 2018 MEMORANDUM TO: Ms. Maria Dunn Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Brenda M. Ha is Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Application forJames M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. if your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr.Samir Dumpor Nothing Compares—, State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury street 1 1612 Mail Service Center I Raleigh,North Carolina 2 70 9 9-1512 919 707 92 00 ROY COOPER Governor MICHAEL S. REGAN Secretary Energy,Mineral& WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director ENVIRONMENTAL QUALITY February 2, 2018 MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Brenda M. Harrio��� Mining Program ecretary Land Quality Section SUBJECT: Mining Permit Application for James M. Cahoon James Cahoon Mine Tyrrell County �X Mine Dewatering Proposed Cl No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact a the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor Nothing Compares—,-,— State ofNor[h Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street 1 1612 Mail Service Center I Rateigh,North Carolina 27699-1612 919 707 9200 A ROY COOPER '4 Governor MICHAEL S. REGAN Secretary Energy,Mineral& February 2, 2018 WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr, Peter Benjamin Application Review Coordinator U.S. Fish and Wildlife Service FROM: Brenda M. Har, Is Mining Program Secre ary Land Quality Section SUBJECT: Mining Permit Application for James M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by February 23, 2018 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all raining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erasion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707- 9220 if you have any questions. /bmh Attachments cc: Mr. Samir Dumpor Nothing Compares,— State of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N,Salisbury Street 116l'2 Mail Service Centel' I Raleigh,North Carolina 27699-1612 919 707 9200 ROY COOPER Governor MICHAEL S. REGAN Secretary Energy,Mineral& February 2, 2018 WILLIAM E. (TOBY) VINSON, JR. lnferim Director Land Resources ENVIRONMENTAL QUALITY MEMORANDUM TO: Mr. Brian Strong Division of Parks and Recreation FROM: Brenda M. Harr-K]�6� Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for James M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effects on the purposes of a publicly owned park, forest, or recreation area (GS 74-51 (S). r Please respond by February 23, 2015 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr.Samir Dumpor Nothing Compares--,,,- Stale of North Carolina I Environmental Quality I Energy,Mineral and Land Resources 512 N.Salisbury Street 1 1612 Mall Service center I Raleigh,North Carolina 27694-1612 919 707 92 00 ROY COOPER Governor MICHAEL S. REGAN Secretary Energy,Mineral& February 2, 2018 WILLIAM E. (TOBY) VINSON, JR. Land Resources Interim Director FNVIF40NMENTAL QUALITY MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Brenda M. Harris Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for lames M. Cahoon James Cahoon Mine Tyrrell County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any significant archeological resources. Please respond by December 9, 2016 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications,this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued Cooperation is greatly appreciated. Please contact Ms.Judy Wehner at (919) 707-9220 if you have any questions. /bmh Attachments cc: Mr. Samir Durnpor %'Nothing Compares--, State of North Carolina I Environmental Quality I Energy.Mineral and Land Resources 512 N.Salisbury Street 11612 Mail Service Center I Raleigh.North Carolina 2 76 9 9-16 12 919 707 9200 i a �ryW� JS ,LS CSm�e'P m�a,,, licaro R YE V1! .y �ec'kshee � ��?" ' t� AP.P �.' k!QS"Cam tAbLL h' ect o1. Atta h•Pa e� c3`o t t`,a4:a "ItA flCd i '' D u m QJ ��• �� ;�• a �� PIGG�Gor:�plete i e4tio .�'� � Y ��� 4`v-'�, ><�-� . OW.NISMt flit, �2g.,�.�,3��-� i • eisuz� ara _ .. - a e•'aslt" r Y, �';�.5 �Ns � � h .�re•,•�r � �+e:: ^3S'T ;Y S,s .sY'-Sep : e.• a. ' _ Ff"�S£^55F r• f' Yr R 1 Y. 4 �x J _ 4 S. 4t � '� • M 4 I •�x�Y �.. . • ,F� • ��� �IIS�SF7 FfWi�'\sty � 'S _ '+C'.p" CGSaM1fllzlea,RevievvaCh2Clcshe�t0afattas ' - ., •• -:!s,,.:.s .,:4 ,t_ �, - 0., .. ,...F'ti'�„. �xY`,n;�.�d FE �1.7' 1`"T' ., _n,'w",,r 1:± i a LAN® 6P ALITY SECTION! REGIONAL OFFICE M,I G APPLICATION REVIEW CHECOT APPLICATION/PERMIT NO.: 69H I ACTION: ew Modification Renewal Transfer Release APPLICANT NAME: &f"Y MINE NAME: _ COUNTY: Administrative Issues: w A. Is the site currently under NOV? Yes No Explain: B. Is an NPDES permit needed? Yes No Explain: C. Is an NPDES permitting existing? Yes No Explain: D. Is an 0 & M Plan needed? Yes No Explain: Field Issues: A. Are potential wetlands and watercourses properly indicated on the Mine Map? Yes No Explain: _ B. Are the proposed bufferzones adequate? Yes No Explain: C. Do all occupied dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Explain: D: Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Explain: E. Is visual screening needed? Yes No Explain: F. Are the proposed erosion and sedimentation control measures properly located to prevent offsite. sedimentation? Yes No Explain: 3. Is the proposed revegetation/reclamation plan acceptable? Yes No Explain: Date inspected: =rosion and Sedimentation Control Plan Review: t is the responsibility of the Regional Office staff to verify the adequacy of the E&S measures. Please provide my concerns or comments: )ther Comments: Vho was the application routed to and when?: tivision of Air Quality: _ Date: tivision of Water Resources (Surface Water Protection Section): Date: ether. Date: rspector/Reviewer's Name: Date: ev Dec 2006 - MINING PERMIT APPLICATION REVIEW FORM forthe DIVISION OF AIR QUALITY ProjecUNumbt3r: �Q �-N+'°"or"' ���County: 1 Please return comments back to: Comments due by: Will the operation, as proposed, violate standards of air quality? Comments: YES NO Air permit required Air permit existing _(Permit# 1 Other Comments: __Reviewed by Date: Print Name: Central Office Reviewer: - Rev Dec 2608 - o s Wehner, Judy From: Wenner, Judy Sent: Thursday, February 01,2018 1245 PM To: Tankard, Robert Cc: Dumpor, Samir, Edwards,James Subject: 89-11 DWR REVIEW SHEET 2013 Attachments: 89-11 DWR REVIEW SHEET 2013.doc Here's the reviewsheet forthe new lames Cahoon Mine in Tyrell County. t Print this tom to PDF Rehr DF of this torn to DEMLR CO by email onDEMLR R DWR SPU. Send a copy to the permiftee. MINING PETMIT APPLICATION R IEW FORM for the DIVISION OF WATER RESOURCES THIS SECTION TO BE FILLED OUT BY DEMLR: Project Name James Cahoon Mine DEMLR Permit 89-11 County Tyrell Applicant's Email: ken@kenobx.com PERMIT ACTION TYPE: New YES NO Date Commencina r( r ( Have land disturbing activities started? Date? r Latitud 35.92076 Longitude: -76.22168 Please return comments to (at DEMLR CO): Judy Werner Comments due b : 2123/18 SECTION BELOW TO BE FILLED OUT BY DWR: Is the RO concerned that the Operation, as proposed, would violate standards of water quality?_ Comments: Watershed/Stream Name & Classification: DWR Compliance Status of Mine: Does this mine (or previous owner) have DWR back fees to pay? If yes, amount: Is this mine an active permit in BIMS? YES NO 401 Wetland Cart. required? Ed-- r(_ 401 Wetland Cart. existing? r( Permit# 7 Does DWR RO have enough information to Elf r (_ determine if a 401 certification is required? Is an O & M Plan needed? YES NO Are wetlands disturbed at this site? Ed r r- Does DWR RO suspect or know of nearby F- ( r r wetlands to the site? (IUD Is Is a wetland delineation required prior to r(Consultant r DWR issuing the permit? r(Onsite? pp" Fnnt'Mh'r 9Mn Print this rotor to POF Retu Ar of this form 0 DEMLR CO by email.cc DEMLR R , DWR$PU. Send a copy to the pemriftee. LOffsite?_ qW . Stream Determination Needed? r r r Stream Determination Completed? �l— Does DWR RO need a statement that no wetlands/streams are disturbed r r r r for this project from applicant? Buffer Determination Needed? r(— r�— Buffer Determination Completed? I-( r( Recycle system permit existing? r(Permit # r (— New Recycle System permit required?` r( r Enough information to determine? — Non-discharge permit existing? r(Perm@ #— r(— r-(Unknown. Will wastewaters discharge to HOW waters I-( r(7010 Permittee with a 7010=0? Flow: must determine. P' Has Violation r ( O&M Requirements F ( HQWI7Q10 Concerns Does DWR require DEMLR to hold the r- ( Pay back fees or renew permit (e.g. so DWR can review it further or DWR permit (-(— because DWR requires more information)? r( Other. Please describe the reason to hold the permit: RO contact: Ed Hold Until: Mine must wait to dewater until an O&M plan is r( r approved? — Reviewed by: DWR RO Surface Water_ Regional Office: Date: RO Aquifer Protection Section: — Regional Office: Date: Pw UMamh>r min a � v NORTH CAROLINA MINING PERMIT APPLICATION James Cahoon Mine Columbia, NC Tyrrell County THIS COPY CONTAINS ORIGINAL SIGNATURES RECEIVED FEB 01 2018 LAND QUALITY MINING PROGRAM State of North Carolina Department of Environmental Quality 'Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 707-9220 Revised: 2017 I.. 1.. lOTT E: UNSUL.'1. 1NG January 28,2018 NC Department of I�nvironmental Quality Division of Energy, Mineral and Land Resources l.,and Qualih, Section 1612 Mail Service Center Raleigh, NC 27699-1 fi 12 To Whom It May Concern; Phis N-lining Permit application is a request lay Mr. James Cahoon to allow excavation of a 11?6-acre pond, oil property owned by Mr. Cahoon off US 64 East, Columbia, NC, in Tyrrell County. The proposed permit area is in a flat,sandy, Cultil-atcd farm area,and will not present any problems regarding runoff to adjacent areas whets all lxaperse d erosion and sediment control measures are in place:. The purpose of the excavation will be to serve as wildlife habitat and to increase Scenic value for the landowner. The excavation area will be locared geographically 615 feet from the nearest public highway and will be accessible only by a privately-owned access road. exxcavation ;activities will lac screened from public view on all sides by existing; full growth woodland,vcgerated sand berms,and distance acro ss adjacent fields. Public access ro the permit area is limited by priv.Ite property; and gated private road access. 'I"here will be minimum 30-ft wide unexcavatcd buffers on all sides of the permit area, minimum 60-ft. wide undisrurbcd buffers betwccn mining; activity and adjacent wetlands. Upon receipt of the approved peril-tits frorn NCDI_.Q, Mr. Cahoon plans to excavate t]Ic pond to an average depth of 30 feet below natural ground level,and will rnCludc: construction of proper cut slopes on A sides of the excavated area,as required in the permit.. Reclamation Of the permit area will include grading,leveling,and grassing of all affected areas. '1"he pert-nit is requested for a 10-year period. All adjacent landowners have been contacted and made aware of the proposed excavation Operation, and land entry agreements have been obtained. The excavation area will be Well narked with warning and keep out signs to prevent.lnadvertct7t public access. Mr.. James Cahoon does hereby request ;approval for this Alining Permit, and asks that it be expedited as soon as possible. Mr, Cahoon appreciates your consideration of this 1rilne permit application. Sincerely, lien _.lion I'or James M. Cahoon P11ON]:: 252.339.9021 • 1'.1MAIL: KFN KHNO 1iN.CONI flay 1' % �"611E� James Coon Mine _ i5 _ ell I I" 13M MP ##-## James M Cahoon James Cahoon Mine N ° w g Latitude: 35.92076 Longitude: 76.226.22168 g County: Tyrell Map Scale 1:24,000 Date: 2/1/2018 Facility Location 0 • APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) 1. Nanw of Mine .fames Cahoon Mine County 'l'yrrell Diver Basin I'asquotank Latitude (decimal degrees to four places) 35.920756" N Longitude (decimal degrees to lour places) -76.221684" W T ,�(� aati 2. Name of Applicant* James M. Cahoon i. Permanent address I'or receipt of'official mail** P© Box 518, Manteo, NC 27954 Telephone 252 473-51 1 1 Alternate No. ( 252 ) 210-6604 4. Mine 011ece Address PO Box 518. 110 Holly Ridge Road, Manteo, NC 27954 Telephone ( 252 ..473-51 11 5. Mine Manager James M. Cahoon K. Alton .1. Cahoon 6. l:;-moil Address: jamescahoon0605 a gmail.com 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 �y� �� Date January 25 2019 Print Name .lames M. Cahoon Title Owner, operator * This will be the name that the mining permit will be issued to and the 11ame that 111LItit bJc indicated on the reclamation bond (security) that corresponds to this site. ** 'I"he Division of Energy, Mineral.,and ].,and Resources must be notified ofany changes in the permanent address or Ielephonc number. *** Signature of company officer required. G.S. 74-51 provides that the Department skull grant or deny an application fora permit withic7 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 ally supplemental inlornlation 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. 0 • APPLICATION FOR A MINING PERMIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE I. Answer all of the following that apply: ® If this is an application for a NEW permit, indicate the total acrea oe at the site to be covered by the permit (this is the acreage thatal-lam"new permit' fee will be basewupon): 16.97 acres Of this acreage, how much is owned and how much is leased? Acres owned: 16.97 acres Acres leased: Property owner if leased: ❑ If this is an application for a MODIFICATION to a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon)` Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the add ilional acreage to be covered by this modification: . (NOTE: you must complete all of Section F. ofthis application form entitled Notification of Adjoining Landowners). O f this acreage to be added to the permit, will any portion of this acreage.be affected(i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (Irno,a "minor modification' Ice of S100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" The will be based upon): ❑ Ifthis is an application for TRANSFER ofa mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE 'f HE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER PEE AMOUNT TO RE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand & topsoil 3. Miningmethod: ® Hydraulic Dredge ® Front-cnd Loader& "Truck ® Shovel & Truck Dragline &Truck Self loading Scraper Other (explain): Excavalor 4. a. Expected maximum depth of mine (feet) 35 feet Depth is relative to what benchmark? (e.g., natural ground level, meat seat level, road elevation, etc.) Natural ground level b. Expected average depth of mine(feet) 30 Icel 5. Has anyarea(s)at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? <1.0 acre test hale. James Cahoon, mid-2017 -4- a a APPLICATION FOR A MINING PERMIT 6. Numbcr of years for which the permit is requested (Life of the Minim Operation or {life of Lease from Public Entity): 10 years B. MAPS 1. Clearly mark and label the location ofyour 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 ofa.11 mine maps and reclamation maps, must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address: Physical Address: 1612 Mail Service Center OR 512 North Salisbury Street, 5"' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 http;//purtal.nc(leiir.org/web/l r/.L�eological�home County highway maps may be obtained from the N.C. Department of'Transportation: North Carolina Department of"transportation - Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 hltpalwww.ncdot.or<�ht/� 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage. Thus,all mine and reclamation maps must denote those activities that are intended to he conducted during the life of the mining permit. All maps must be of scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to he located including easements and rights-of=way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing; and grading. d. Outline and width of all buffer zones (both.undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. J. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. m. Location and dimensions of all proposed sediment and erosion control measures. n. Location of 100-year floodplain limits and wetland boundaries. o. Narncs of owners of record,both public and private,of all tracts of land that arc 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 ofowncrs 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. -5- e e APPLICATION FOR A MINING PERMIT p. Names of owners of record, both public and private,of all tracts of land that are adjoining the lining 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. I f an adjoining tract is owned or ]eased 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 sect of- the mining permit boundary, must be provided on the mine map(s). NOTE: "Highway" means a road that has lour lanes oftravel or less and is not designated as an Interstate Highway. q. Map legend: I. Name of. applicant 2. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised S. Name and title of person preparing map Map scales should meet the following;guidelines: PI RMITTI-AD ACRI AGE MAP SCALE 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch - 100 feet 200+ Acres 1 inch = 200 feet (NO'1'11: Smaller scaled maps may be acceptable if they clearly illustrate the above items) -6- APPLICATION FOR A MINING PERMIT A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing; area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the minim permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds Stockpiles 0.96 acres Wastepi les processing Area/Haul Roads 1 .37 acres Mine Excavation 11.26 acres Other— Unexcavated Buffers 1.19 acres Total Disturbed Acreage 14.78 acres NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS AI'1'LICATION FORM (PLEASE NOTE TIIE ITALICIZED QUESTIONSIST.9TEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITnoUT ALL RELEVANT ITEMS BEINC ADEQUATELY ADDRESSED ON THE MINE MAPS. —7— 0 0 APPLICATION FOR A MINING PEIIMIT C. PRO'I'I.CTiON OF NA,rURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and i-elerence the sequence 1n Me mine map(5). Attach additional sheets as needed. Li. Operator will obtain all required mining permits from NCDEQ. b. Operator will construct 30-ft wide access road to excavation area with ditches&rock dams in place alongside to prevent sedimentation from leaving affected areas. Access road follows path ol'deeded 30-11 easement to back parcels. c. Operator will construct temporary gravel construction entrance ofpond access road to prevent mud or sediment from leavingjobsite onto US 64 Fast pavement. d. Operator plans to construct two excavated ponds, east and west, on this property, leaving a 604t wide buffer in between the ponds,containing a 30-ft wide casement and two 15-ft wide unexcavated buffers with berms. e. Operator will construct ?ft tall x ]Oft wide (2:1) vegetated berm for erosion control along the perimcter of the affected area. f. Operator will install riprap rock dams in twelve (12) existing field ditches on north and south sides of al'fected area for sedimentation control. g. Operator will remove topsoil down to 2.5 leet below natural ground level,and stockpile overburden for use in erosion control berms. h. Operator will excavate a 0.69-acre sediment pond on north end of'. and Inside of'. excavation area, removing sand & topsoil to maximum depth feasible without dewatering the excavation. Sediment pond will be 90 feet wide by 345 feet long;with 0.69-acre water surface for sedimentation. Sediment pond will be incorporated into main pond at end of excavation. i. Operator will install dewatering pump adjacent to southwest end of sediment pond,and water-height control device for overflow control at the northeast end of'sediment pond. Overflow water will be allowed to discharge into field ditches leading westward to Scuppernong;Rivcr and Albemarle Sound (see map). J. Operator will begin excavation of'east pond (±52 acres) approximately 30 feet south of sediment pond by digging with excavator and removing sand & topsoil to maximum depth feasible without dewatering the excavation. k. Operator will begin dewatering main eastern excavation into sediment pond, discharging overflow water from sediment pond into a large dead-end field drainage ditch running along the north and cast sides of'the permit area, and which dead-ends at US 64 East. ']'his drainage ditch is part of the Columbia Special Use Water Management District and is regulated by the Tyrrell County Water Management Committee. This ditch also has an existing pump station located 200 feet north of its US 64 Fast dead-end,which can pump excess water into an existing ditch located east of the permit area, leading to wetlands and on to Scuppernong River through existing ditches. Operator will dewater main excavation down approximately ±20 feet below normal groundwater level. 1. 3:1 cut slopes will be constructed around excavation edge down to normal groundwater level. As water is removed from excavation, 2:1 cut slopes will be constructed below normal groundwater level around excavation edge. -8- APPLICATION FOR A MINING PERMIT m. Eastern pond will be excavated to average 30 iect and maximum 35 fact below natural ground level while dewatering is maintained. n. When excavation of eastern pond is complete,operator will proceed with excavation of the western pond in the same manner as that of the eastern pond,dewatering the pond into the existing sediment pond and overflowing into the field drainage ditches at the same discharge point, along with construction of 3:1 and 2:l slopes as needed. o. During excavation,dewatering wastewater from both ponds will be pumped into the single sediment pond, and water will overflow through the single discharge point oil the cast side ofthe sediment pond. p. When final excavation of both ponds is complete, dewatering will be discontinued, and pump shut down& removed. Groundwater will refill the excavation to normal seasonal high groundwater level. q. Operator will then excavate & remove the land between the east excavation and sediment pond to maximum depth feasible without dewatering the excavation,allowing formation ofone pond totaling 6.1 1 acres. Western pond will be 5.15 acres. r. After all excavation is complete, operator will establish groundeover on 3:1 above-water slopes of excavation,and ,vi 11 construct 811 wide 4:1 berm around excavation edge to prevent erosion of pond slopes, with outside edge of berm graded down to natural ground level. s. Dormer stockpile 1 berm areas and processing areas outside of main excavations will be graded, leveled and seeded with groundeover. Areas will be allowed to return to natural field state. t. Internal roadways and haul roads will be graded, leveled. seeded with groundcover and allowed to return to natural field state. A field path will remain around the perimeter oi'both ponds. U. Operator will grade and level access road to US 64 Fast back to original non-crosive state. v. Remaining affected areas inside main permit area will be fertilized and returned to natural field state_ w. Remaining ponds will be utilized by landowner for scenic& recreational purposes, and as wildlife habitat. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent off sitc sedimentation (i?aclitde specific plcrnsfor.se(limenl and erosion control*lbr mine excu valio"(Y), wa.sic piles, access/mine roads and process areas), and five a detailed sequence of` installation and schedule for maintenance of the measures. Locate and label all sudiniew and erosion control measures on the mine map(s) and proi,ide lyplcal cros.s•-seelion.vlcot?sf►'ticlioi? details of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. a. Operator will construct 30-ft wide access road to excavation area with ditches&rock dams in place alongside to prevent sedimentation from leaving affected areas. b. Operator will construct temporary gravel construction entrance ofpond access road to prevent mud or sediment ITom leaving jobsite onto US 64 East pavement. c. Operator will construct 211 tall x IN wide (2:1) vegetated berm fbr erosion control along (lie perimeter of the affected area. d. Operator will install riprap rock dams in twelve; (12)existing field ditches on north and south sides of affected area for sedimentalion control. -9- APPLICATION FOR A MINING PERMIT i. a. Will the operation involve washing the material mined, recycling process water or other waste water, handling'? Yes ❑ No®. ll'yes. briefly describe all such processes including any chemicals to be used. Not applicable. b. Will the operation involve discharging fresh or waste water from the mine or plant as a point discharge to the waters of the State? Yes ® No ❑. If yes, hrigl7j,describe the nature of lhe cischarge crud locale all proposed discharge points (along with their methocl ofstahilization) mi your mine map(v). A 0.69-acre (34511 long x 9011 wide) excavated sediment pond will be constructed in the northeast corner of the excavation area which will be utilized to dewater the main 1 1.26-acre excavation. Surface area of water in pond will be ±0.69 acres. An 8-inch dewatering pump will be established between the main excavation and the sediment pond (see map) that will transfer water from the main excavation to the sediment pond at its northeast end. An overflow device will be established at the northeast corner of the sediment pond, approximately 250 feet from the inlet pipe at the southwest corner. Overflow(clear)water will be directed by pipe to a blue-line stream drainage ditch to the Scuppernong River, leading to Albemarle Sound. Rip-rap will be established at the sediment pond outfall to prevent erosion. Operator will begin dewatering the main excavation down approximately 20 feet below natural ground level into the sediment pond. Outflow water will be monitored quarterly at the sediment pond outfall far sediment until the end of excavation and dewatering. c. Will any part of the proposed mine excavation(s) extend below the water table'? Yes ® No ❑. Ifyes, do you intend to dcwater the excavation(s)? Yes ® No ❑. Ifyes, what impact, if any,will mine dewatering have on neighboring wells'? FEstimated withdrawal rate in gallons per day: 0.025 mgd Locate all e.visling wells on the mine mal)(s) that lie it ith111-500 feel of the proposed e.Cc(ii,(ttlon cii-ea. Provide data to stipporl any coilclusioils oi-stateinieints 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. One residence located 650 feet from excavation area, 5 homes located ±750 feet away. All residences served by public water system. No impact expected. —10— APPLICATION FOR A MINING PERMIT d. 11' 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. Operator is applying for water quality permits at this time, copy of applications attached. Operator will register water usage with Division of Water Resources,once NCDEMI.,IZ permits are issued and dewatering activities begin. 4. a. Will the operation involve crushing or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. Not applicable. b. How will dust from stockpiles, haul roads, etc., be controlled? Spraying or spreading water from water supply trucks or excavator on haul roads and process areas will control dust. Stockpiles will also be sprayed with water weekly if necessary to control dust. 5. a. A buffer will be required between any mining activity and any mining permit boundary or right-of- way. It may be ail unexcavated buffer (no excavation, but roadways, berms and erosion & sedimentation control measures may be installed within it), an undisturbed buffer (no disturbance within the buffer whatsoever), or a combination ofthe two,depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. Flow 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 of25 feet is recommended,although a wider buffer may be needed depending on site conditions. Sho++, all bg1jLr locations and ii,idlh.s on the mine 30fl unexcavated buffer around all sides of affected area containing haul roads,access roads &erosion control measures. In addition,on the north and east side of the excavation area the operator will establish a minimum 6011 wide undisturbed buffer between the unexcavated buffer and adjacent wetlands or blue-line stream. —11— 0 0 APPLICATION FOR A MINING PERMIT 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 justilied. Depending on site conditions, a buffer wider than 50 feet may be needed. I-low 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 b!(ffer locations and wiclths• on the mine map(t). Operator will establish a 60-11 wide undisturbed buffer north and east of the excavation area between the unexcavated buffer and adjacent wetlands or blue-line stream. 6. a. Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimurn 2 horizontal to I 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. Exposed excavation slopes will be constructed at a 3:1 gradient during mining. b. Pl"ovitle a cross-section on the mine mal)(1) 1br all fill slopes (bet-ins, ►1,crstepl1es, ovel•bul-den disposal(areas, e1c.), clearly indicating the intended side slol)egi-adienl, installation Ofanv benches an(Ilor slope cfrains (with suly)orting design inf)rm(tion) if needed, and the method of final .slabiliZation. All sediment & erosion control berms will be constructed with minimurn 2:1 slope grades, cross-sections attached to mine & reclamation map. I"ill slope will be established at excavation edge during;reclamation of mine. dope will have 4:1 grade. 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 roust he provided on the mine Cut slope from natural ground level to water level will have 3:1 grade, and cut slope from water level to bottom ofexcavated area will have 2:1 grade. 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 cart slopes, ii idths of all safety benches and nlirn benches, and the expected niaxhnuni depth of the excavation. Not applicable, no hard-rock excavation. —12— APPLICATION FOR A MINING PERMIT 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring;dwelling ]louse, public road, public, commercial or industrial building from any mine excavation. Locate all such structures on the mine mal.) if they are within 300 fiet of any proposed excavation. Mine excavation area is located on private property,650 lect from closest dwelling and 630 feet from closest public road. Mine access road entrance is gated. Dewatering pump will be located 1300 feet from nearest dwelling and will be situated behind sand berm or below normal ground level to minimize noise from p1.1111p. 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. 4 construction detail/cross-.section and location ofeach type of barricade to be used must be indicated on the mine map(s). No high wall areas in permit area. Operator will construct foliated berm just inside permit area boundary or just outside of'excavation area to discourage inadvertent public access or 4-wheeler access to excavation area. Access to excavation area will be by private gated access road through operator's private property. "No "Trespassing" signs will be installed around affected area boundaries. 9. Arc acid producing minerals or soils present? Yes ❑ No ®. ll'yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? Not applicable. 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. Shoii,the location ofall visual screening on the mine map(5) and proihle cross-sections through all proposed berms or propusecl.cpacing, sizes and sl3ecies.1br tree plantings. Excavation area will be screened from nearest dwelling's view by existing,natural woodland, shrubs and distance across fields. constructed 4ft tall foliated berm topped by shrubs, and 0.6-mile distance from closest public road. Except for parcels across US 64 Fast,all parcels adjacent to the excavation area are vacant. Mine area will be accessible only by gated mine access road. 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'? Closest public park is 1.75 miles west, no adverse effects expected. —13— 0 0 APPLICATION FOR A MINING PERMIT 11. Will explosives be used? Yes ❑ No ®. Ifyes, 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 rninCs location to nearby structures, more detailed technical inforniation may be required on the blasting program (such as a third-party blasting study). Locale they nearest offiile occupied structure(S) to the proposed excavation(s) on the inine mat)and in(licale its approxiniale clistance to the proposed excavation. Not applicable. 12, Will fuel tanks. solvents. or other chemical reagents be stored on-site? 'Yes ❑ No ®. Y'j;es, describe these materials, how they will be s•lored and inelhod of conlaUnnew in case gI'Vill. Inclicale the location(.) of all slorage f icililie's on the mine nwj)(s), Fuel l-or excavation equipment will be brought onsite by truck as needed. 1). RECLAMATION PLAN f. 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 infortnation roust he illustrated on a reclanialion mal) and nnisl CoiTeVond directly i0th the iglbrination proVOded on the !nine n7al)(s). In addition, cle'sign inforinalion, including, lyplcal Cross-secli.ons, of anj, permanent channels to he constructed as part cif the reclamation plan and the location(s) of all permanent channels inust he indicated on the reclamation final). a. 3:1 cut slopes will be constructed around excavation edge down to normal groundwater level. As water is removed from excavation. 2:1 cut slopes will be constructed below normal groundwater level around excavation edge. b. When excavation of eastern pond is complete,operator will proceed with excavation of the western pond in the same manner as that of the eastern pond,dewatering the pond into the sediment pond and overliowing into the field drainage ditches,along with construction of 3:1 and 2:1 slopes as needed. c. When final excavation of both ponds is complete, dewatering will be discontinued. and pump shut down&removed. Groundwater will refill the excavation to normal seasonal high groundwater level. d.. Operator will then excavate & remove the land between the east excavation and sediment pond to maximum depth feasible without dewatering the excavation,allowing formation of one pond totaling 6.11 acres. Western pond will be 5.15 acres. e. After all excavation is complete, operator will establish groundcover on 3:1 above-water slopes of' excavation,and wil I construct 811 wide 4:1 berm around excavation edge to prevent erosion of pond slopes, with outside edge of berm graded down to natural ground level. f. Dormer stockpile / berm areas and processing areas outside of main excavations will be graded, leveled and seeded with groundcover. Areas will be allowed to return to natural field state. g. Internal roadways and haul roads will be graded, leveled, seeded with groundcover and allowed to return to natural field state. A field path will remain around the perimeter ofboth ponds. h. Operator will grade and level access road to US 64 East back to original non-erosive state. i. Remaining affected areas inside main permit area will be fertilized and returned to natural field state. j. Remaining ponds will be utilized by landowner for scenic car, recreational purposes, and as wildlife —14— i 0 APPLICATION FOR A MINING PERMIT habitat. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑_ If'yes, illustrate the location of the body(~) cif► tiler on the reclamation tnap and provide a scaled cross-seclion(v) through the proposed hody(s)of wales-. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation,unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. f yes, specify species. One 5.15-acre pond and one: 6.1 1-acre pond will be left after reclamation. Ponds will be stocked with bass, bream or crappie. 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, Ihrge boulders placed end-to-end, etc. Construction details and locations uJ all permanent barricades must be shown on the reclanurtion map. Not applicable, excavation is in sand only, no rock present. 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 crass-sections and localionsJor.such circus must he provided on the reclamation incrp. Overburden in berms around excavation area will be used for low 1 ft tall erosion control berm constructed around pond perimeter during reclamation. Any Ieftover overburden will be spread over former bend & processing areas and incorporated into soil. These areas will be graded, levelled, fertilized and seeded with groundcover during;final reclamation and allowed to return to natural field state. 5. a. Describe reclamation ol�processing; facilities; stockpile areas, and on-site; roadways. Processing areas, former stockpiles and Haul roads located outside ofexcavation area boundaries will be graded, levelied, fertilized and seeded with groundcover and allowed to return to natural field state. Berms and non-berm areas in unexcavated buffer will be graded, levelled, fertilized and seeded with groundcover and allowed to return to natural field state. b. Will any on-site roadways be left as part ofthe reclamation? Yes ❑ No ®. I/yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization- Operator will grade and level access road back to original non-erosive state. Field path will be left around excavation area during; reclamation for pond access. APPLICATION FOR A MINING PERMIT 6. Describe the method of control of contaminants and disposal ol'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 he 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. .411 temporary and per inanew r gfuse disposal areas must he clearly delineated oil they mine map(v) and reclamation map, along, with a list of items to he disposed in said areas, No plans to bring of[=site generated waste for disposal in mine. All scrap metal,junk machinery or equipment will be removed from mine site and will be transported to the County Landfill for proper disposal. -16- o APPLICA'11i FOR A MINING PERMIT 7. Describe your plan lbr revegemlion or other surface treatment Of the alTwed areas. This plan must include recommealntions forypar-mood scut including the tuna of seeding and the amount and type of aced, fenilizar, lime and muc� The recommendations must include general scaling instructions for both permanent and.tempomn•revegcration, Revcgetation utilizing only tree plantings is not aoccptable. Rewnswu ndations can he sought from: a. Authorized representatives office Iowl Soil and Water Conservation District; b. Authorized represenmtives of the Division of Forest Resources. Department of Environment and Nalural Resources: c. Authorized county mpresentmices of the North Carolina Cooperative Extension Service, specialists midresearch fatally vviih tlic Colleges of Agriculture mid Life Scicnces and Forest Resources at Nanh Carolina State University, d. North Carolina licensed landscape architects; c. Private consultingg foresters referred be the Division of' Forest Rcsnurees, Department of Divimmncnt and Nutund Resnurces; I: N.C. Erosion and Sci imemation Control Planning and Design Manual; g. N.C. Surface Mining Manual- A Guide for Permitting.Operation and Reclamation; It. Others as may he approved by Ike Department. LIME - RATE OF APPLICA"I ION (tonslacie): 2000 Ibslacre or follow recommendations of soil test FERTILIZER-ANALYSIS AND RATE OF APPLICATION [pounds/acne): 1000lhsfwrc 1PR-g or 10-10-10 or follow recommendations ol'soil test. SEED - TYPE(S) AND RATES) OF APPLICATION INCLUDING YEAR-ROUND SELli SCI IFDULE (pounds/acre): INO"I'F: Include Legumerl Seed Types: Seeding dates: Seedine Rates Lbr/Acre. Kobe Lwpedeza Feb 15- Apr I 10 13ahiati 50 Rcdtop I Winter rye(grain) 15 Common Bermuda Apr 1 -Jul 31 50 I.cspcdem(unscarilicd) Aug I -Oct 25 30 German millet 40 Rye(grain,temporary) Oct 25-Feb li 120 MULCH -IYPE.AND RATE OF APPLICATION(poundslacrc)AND METHOD OF ANCI IORING, All seeded areas shall be mulched using small grain straw at a rate o1`2000 Ibslacrc and anchored upprolxiately. OTHER VEGETATIVE COVERS-TYPR(S)AND RATE(S)OF APPLICATION INCLUDING SLIDING SCHEDULE itco n ds/acre. trees/acre,spacing of rrces/shmFs.cue): Rcvegetalionw for refs stab np n proved fly: Signature Date . 4jQ'ZrT'1S Prim Name d g l"itic AgmcyA/Cz&? 14- 1 APPLICATION FOR A MINING PERMIT E. DETERMINATION OF AFFECTED ACREAGE AND BOND The folloaying bond calculation worksheel is to he used to establish on appropriate hand(based upon a runge pf.SSf)0 in ,55,1100 per affected acre) for each permitted mine site hosed upon the acrenge approved by the bepurlmcnl to he affected during she life oflhe mining permit. Please insert due annroYinale acreage {pr each a Ypeci of mining operation that you intend to affect during the life ol'ans mining perrnil tin addinon please prnvld insert the uppropriate reclamation cosl/acre Lot each calegory from the Schedule of Reclanvation Costs ed milli this application horn?) OR you can defer to the Department to calculate vour bond fun' Fou based noun vour maps and standard reclamation costs, AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE's COST Tailings/Sediment Ponds: Ac- X $ /Ac. _ $ Stockpiles_ 0.9E Ac. X $ 1800 /Ac. _ $ 1728 Wastepiles: Ac. X $ /Ac. _ $ Prgccssing.Area/Haul Roads: 1.37 Ac. X $ 1800 /Ac. _ $ 2466 Mine Excavation: 11.26 Ac. X $ 500 /Ac. _ $ 5630 '/ Other: Unexcavaled Buffers 1.19 Ac. X $ 1800 /Ac. — $ 2142 t/ TOTAL AFFECTED AC.: 14.78 Ac. (TOTAL PERMITTED AC.: 16.97 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 offsitc sedimentation and sedimentation to onsitc watercourses.and wetlands. it) Internal Drainage 14.78 Ac. b) Positive Drainage Ac. X $1,500.00 — $ SUBTOTAL COST: $ 11,966 1 Inflation Factor: 0,02 X SUBTOTAL COST: $ 239.32 X Permit Life Provided by Applicant (Life ofthe Mining Operation or Life of Lease from Public Entity (in Years)): 10 INFLATION COST: S. 239310 Total Reclamation Bond Cost: $ 1453011 s / (round down to the, nearest $100.00) (NOTE: The reclamation bond cannot exceed $1 million per GS 74-54) 3 8 �6ox�x�� V s o APPLICATION FOR A MINING PERMIT F. NOTIFICATION OF ADJOINING LANDOWNERS 'f he "Notice" form,ora 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" firm (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 tar map). 'I'he "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. T THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING 13E RMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" —19— NOTICE (TYPICAL) Pursuant to provisions G.S. 74-50(bl) of"I"he Mining Act of 1971, Notice is hereby given that .lames M. Cahoon has applied on January 2018 (Applicant Name) (Date) to the Division of Energy, Mineral, and Land Resources, North Carolina Department of Environmental Quality, 1612 Mai] Service Center, Raleigh, North Carolina 27699-1612, for (check one): ® a new surface mining permit, ❑ a modification of an existing,surface mining permit to add land to the permitted area; or ❑ a modification Oran 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 he submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine sand and topsoil on 11.26 acres located I.2 (Mineral, Ore) (Number) (Miles) east of _ Columbia off/near road US 64 East (Direction) (Nearest Town) (Number/Name) in , "Tyrrell County. *SEE ATTACHED MAP FOR PROPOSED PERMIT 13OUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* in accordance with G.S. 74-50(bI), 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; i f 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 noti lied(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 corn ment(s) to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application fora 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 tar public review during normal business hours at the above listed address as well as at the appropriate regional office;. For information regarding the specifies of the proposed mining activity. please contact the applicant at the following telephone number: 252-473-5111 . 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 considerany relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the arnnlication review process until a final decision is made on the application. David L. Clegg, 'Tyrrell County Manager 1)0 Box 449, 108 S. Water St., Columbia, NC 27925 James M. Calloon (Addressee/Owner of Record's (Name of Applicant: Include Contact Person Name and Address) & Company Narne, if Applicable) Januaiy 5, 2017 _ PO Box 518. Manteo. NC 27954 (Date of issuance of this Notice/ (Address of Applicant) Mailed to Addressee/Owner of Record) -20- Ilai UUUU 6LLdb byC9 ?al Ij2 „ .r � $DZO pOOf]n� e Complete items 1,2,and 3 a. sFmluto Print your office end address on the leaders �n� N ir - s 8$ ipE IY t6 04 so that we can Merge the car°to you. O q5 �$0 IN Attach this card to the back of the mallplece, ecdv by(Mln(ad WON C. Date ofD y be we 8 @ sy or on the front U apace Fermb I' lo-1 c^ : a A� I atldoAdtlressed 0:_ U...leaemarya°a is enlawebana 17 ove.. ^ __-_. . . .._..._,.—N If VFS enter deiWmyaQtimae below. 'able 3 �° n �' d •: David L. Clegg, q a 4wi Tyrrell County Manor. w t-r �2 m p0 Box 4e.5 .,,_ . . . N £ 3� Columbia, NC 27925 3 6ervice ryM1e ❑vn ryMIE e� Illillllllllllllllllll lllll llllllllllllllll{II a a; �m m ° 01M i g o 9590 9402 2568 6306 2939 01' Dcm�nm M.mPmnumoewan Dhau rMwwra• -- ,,ii °fAYetMDwonq M WJI Ni RX n 0 I 2._ArxdW ryum6aEammwAaa.°INNwlebefl , O°elximlMveryfleeM1klmrhLvby nsomN+w9,em 7015 1660 0000 6035 5724 wn.n,reeem.ar Dmoan ae 'w M PS Form 3811.July 2015 PSN 759003U00-a093 O.meMk PeWmP ., .,- '--"-"-- '7015 1660 00110 6035 6721 4+i= �¢ .. wsauhn q ^ s69 �a ■ Compefor Items 1,2,ored a. ■ Print your notes and address on the Rt9oa t. d } - eo toot we wr retuelM eald to vau. X 1 ✓<. : L' . 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Neale Atltl omit D. hdeNvaytdaaaa dinerenl M1)m Item l] 'aa ' S' Qq u.._._._ __,._.._.. .y It YES,enterdelNery ad,kess.bales: E7Na Elizabeth Basnight Ft � may/-: E,I Q f PO 9m.bor C6uNrE9tta,i is 27,?'i 6 m z I jL Columbia, NC 27925 a 3. an 9 9anke Typd - ORgn,umg a' n®.. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN�IIIIIII � �a a aWanbelM•M cw %90940225686306293898 oe.ume Malaveaiwoenry etch )�w a �p1� m neannm om ey °scoN ,,,•c, m 6on7 I! ?,.MlcldNumbm.One rrym_mmka Wq,_..�_ >„I DEp co�5n,aa„ r a +' I 7015 1660 0000 6035 5694 oma„exadnkvY as kke Dfi, t " wna�11 PS Ferm.3811.July 2016 PFd]53P-0Y 000-9a53 Dome lk Mlum aecl3h>`.:� 7015 1660 0000 6035 5748 _ TZ �. P: o,, �. F• Campton items 1,2,and 3 A 0" t• Pdnt your name and nddrtcson the means) X :. f a�so mot ere cen refum tka card to you. q'a = 6 g• AnaM Ml9 card to Me beck Dl Me ma Plee• c - eor on Me front d ep•»Permlb - Y ?�1. Avcb<artieardm: D..Io edluerynddmxd•erentfi•n I• ' ca � �It Y[3,antor dellvary amdms mana .. wloan A. BatsonS Y 1762 Hwy. 64 East3 ti 6Columbia, NC 27925 „ � yon0na $ _� �9590940227486351 U58579 - om��nrzwaD.ener aee rogi2.Mtge Nunb•(nM9/gM1omevnlu•�M1V pcal•itn,oHImeNnmuaran 7015 1660 0000 6035 5748 �islten•aMamn,•v w I04 w" rn PS Form 3811,JaN 2D15 PSNMe 02A0e•e053 nolncucI_.__. � . 7015 16611 0000 6035 5632 " e till • Complete Items 1,2,and a. oAa"n . S � 25W b� • Print your name and sadness on the reverse. X . . Hy py w Matummanmtummocandwyou t - ! Atltl 4 y $ �i • Attechiniswrdha Mebackol Me maegem; e. by Nury..-.0 C.DidZ uta �0 won the lmMHepaco glmlb.efry Oil J_anaee eedmmed l0:_ _ D ddNUYo6dti�,ea)antfi•n Xem tlU Yet I Y !F avE5:em•del very o]tlreaa melees ❑No - James A. &Pe �. 624 Pintail lane 6k� Chesapeake, VA 23323 1111111111111111111111011111111111111111111 D cnnllm Mmm ^m > E� . 959094022087 6132 1588 49 cunnw Ma,n•n ilirY�y �onwnazanlw i �7 MrUmnSn q 2. 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Oaled or on the front 9 space pormlts � (-{(- _ Ri ���3 t A,t_IclegatlreaamoMaMMrymRmaelRaan Oornrmm l r mn rc YEsenberdeliveryMarcos below: ❑tro d! _ Esther Sue McKinney ', 2 aN a re 407 Virginia Ave. � adr i G1zV,Cn.�CGl- ^ A - Columbia, NC 27925 I) v 3 �11 � ; wA � I �II f IIIIIIIIIIIillllllllllllll llllllllllllllllllL D a„a�Mw �RWbMabPWil . n x L� O1dJlt&nnolwneq,:d CtlWRY O IrMMMN ti m W 9590 9402 2087 6132 1588 01 oce.wiaa Lasso mram ptl..,y : O ry f 0 C4'bl°netlMry - M M1anMo Q r qR 3.ANeb Namber? /es./mm OtlYrtry Rahktai Cepoy O Wmiwp¢enn cb oa {au 7015 3430 0006 2890 7281 a' - o¢ie ,. iaowwm oarey nwsum o•rw enreact PS.Form 3811,Ju1y2015PSNTIOo o2omso55 w owm �mnatum .. _ :... , 7015 1660 0B00 6035 6738 IN as Complete horns 1,2,and 3. a 61srat'so a N°a ° '� Ulu a 3 �$ Ht ■ Print your name entl atltlresa on the reveres X' . . ❑Aeolic Y k jy,� 8u y,y3 Se so that we can return the card to you. 4 0Add 8 0 9Ai dk Il6R iae. s gttech this cod to inabackaliha ma 1pl¢Ca. n6xe vm by(PMtae me), COna((��doe . $ o � ' q§ w A' or on the front if space peimita P Y'y 0 '�c� i ,TC - x. _ w eF 5 n II w'tl 1.PAkk Addreaese b: O.Idtla - mde99diRreenthem Nan ll 0wy IIYEs,aturdoAv¢ry mdrem balow:��f7116' " o P 1p Jose Fran[iscD Rivera _ o '- 9 :Ian Ivry 64l_a<t ad g , t:uNmbla NC2%9Cr. n � ¢ o Aanab"ava - D a•aaM'erem� 111111111111111111111111111111illllllllllllll odd°aearke 0A "�ta 9590 9402 2748 6361 0665 86 cc.AnmMdiaamambdnas Cnown eplfa ti c a_auslarvrmta.rrmnaraT.rrmfsemco Mum o�u'eaam�ryauem.a bmr•ry o eirTn,wam . 7015 1660 0000 6035 6738 lioftiwcMaruwn �� be m era PS Form 3811,JutY 2016 PSry acsoti2-oo60059 DorrMsrla riebrtn 7015 3430 0000 2890 7267 ae n Corn lobe Rama 1,2.and& A SIA azure A9en $ o HIM n F h� • Print your noma'ane address on the rector X -0Add. i 8 9 B ern `� so that we Dan return the cad to you. ( d ,yy to a Attach this card to beck of flue mallpleaa, fl mbY fPapm Nan°)- U.D1D'i a _ i, a J '� t R g(g ;+ z or on the front It space Poncho. r ' iw B 4 w . t. A Is AderMced.x o.'laaclrvaymerevaxlaerRimnlmmw ❑Yea `" - • s a j u II YE9 ,D Henry A. & Doris Rhines z o o owe vti rh . PC Box 778 Columbia, NC 27925 N wan oadunsMmMa, O neNmraea taal IIIIIIIIIIIIillllllilllllll llllllllllllllllll I� O M A , 9590 9402 2748 5351 0565 55 pe^°^e°N°"n°ap1o1•°OtlN't" ' an secewnr a_nnamuwmer.Rreroferlmm,servRa k0e9�.. ��r.°roi,moece�noemeuaumr•M.pass �Dormn � w � � lea � � 'c , 7015 3430 0000 2890 7267 ., aP:Mww mPy nmkteaPw•r PS Fonn 3811,July 2015 P91%I 71Ob024OMO 9 Domestb floaun fl -�y 15 1660 0000 6035 5656 • Complete Korea 1 2 and 3 n Slgnewm W g$ ,4 • Print your name and address on the reverse \J ap"' g e p Y P e C so that we can return the card to you. mad" 45 $ n,Attach this cane io the back of the nuolplece, 'Nac ad ryvWNerve) C �¢ cron.thalront ll space remake 1. aacYam,evMi u: D.fsdNJ,nyedamvdm�art hm1 sr nTes,aNsram,wneddroe eNow. pNd § F Roy& Peggy Sawyer PO Box 570 Columbia, NC 27925 III�'I�III IIIIIII'PII I IIIyllll III III DAtl�wlpaN� OM1S ]Marry N �� _D DeewslaamieNe�laea oarmy op q..eMa; R o 9590 9402 2087 6132 1588 63 o .pea tMaaelne;eeaay oo"a'rw ° n ' CO p/� O tCWim OYMeH •J OF ca V/ 2..We$Number_llarufN bomsnrrlce•ad)_ Orwoll� rvm B6ln[le3lylNa,y Ossurm anmm ' o a SSS 7015 1660 0000 6035 5656 piBnmomWwar - - I oa w'WO M can PS Fortn 3611.J41Y 2015 PBN]53002-00090a9 DpneSl flelarnfl 7015 3430 0000 2890 7250 nOfM1MiO t mp • Complete Items 1 2.and 3. A s'r^ayu�o Agent ; S p �w • print your name soa eddresn on the reeome J(; �l . .I � L a T 88 an that we can rewm the card to you. fU 7 �aoare ■ Attach this card tone back of the maliplece. B. N by�NxMNnmaJ QUak of Du eron the fiord N status permits eA n n ,o $ 3 on t. wa.adameoam D kalke,yaa�seam•mtrmm lbnl2 area s J ^a "vim enwdMNaryWABPo bMwv ❑No 390 � 'Calvin A. & Lena Hill art. 5F b, PO Box 768 Columbia, NC 27925 - ISawicuTypo - 0Nora Me Epa IIIIIIffIIIIIIIIIINIIIIIIIUIIIIIIIIIIIIIlIII, �°" HmMMEpWM ovimCa 9590 9402 2748 6351 0565 62 vc•ua•aMsammtaabeowv ❑tmwnB�otmr ,5 7a ,�, � / J oew an W Wn Mar[1wMe 2..ANcls Numberll/anNe.M1omeaM�e.41ea0____. oCMetanWwnn..+Ruaoar•M' os�4nw..com..m m oab� '. Vq 7015 3430 0000 2890 7250), wavalmeDSN.v NmnlmaosN.e PS Pam 3811,a1y.2015 PSN T596o2-000 2053 .DermatlC fktun N 7015 1660 0000 6035 5649 • CmnPlete hams 1,2,and3 A. scones IggXo Iy�� • PrlM your name and address on the reverse x o- t y G, open Y f � e �i solhutmcanre nfhaoardtoyou �� '�a4C/.o add - $I I ■ Atent"ls card to the baelt of the maNpbce:'_ B e Ivedev(P.wedCA�, `)M. c11 Dead r E' N 3 ' g0 w ar on Bre lroMifspaia Bm11b 'C.,ee`S 41Y� \ - g a e 1 Mack AtldRmMllrc _ _ _. .. '• .D. YdP•'M'ctNNe90iIfeRNfiom lbm 12 0 Taa - 9.. _ O o 8 l � JI CN - �, . - - - . y"—\ I(VEe:eM de4uerY addmNMw. $ 3 Jeffrey H.& Helen S. Swain - n 410 iI4 <1479 Hw•y 64 East3 r sz Columbia, NC 27925 I - I i NaN IIItIIJ111111111111111111111111111�18111G1 o sn o "M Iry N q vamms6nn�..raokmdwe+ay v wmwe 9590 9402 2087 6132 1588 56 � va Wawy Dau.�o tw t�i o�y ❑pddctan Winery Rmlh,Mrl�' /aH 09Va^wm CmA rN 1 :•: 2.,NIIW Nunbm Rt®>siorpor�aervlra(a6•J) W,c �.. ❑;mvNMe9 09gmwm Conn 7015 1660 0000 6035 5649 a"°s01"ptl0m`"ry wwrnbwuvy PS Form 3811, 20/52015 P5N]63U 02-000-g1531p63 - —� Domawi�lvn : 0Job' 6035 ssa e Complete Items 1,2 and 3 A Si P• $ o , Is Print Your name and atldrace on Ne reverse+ ±'. Apes . ds S m � 8 C� , es ef so that we anReamfhe cartlt you -2AEtl oron the carant d ace permits 4` ~ %d n aMme) C. oM : R i ga • prom the antl to[he bock it the mallpkm, g�$ e, sP 11G7 mioa8 ' w „: . t.,wua°Mdresxdtp nle ml ea dlrtmmthsm ea t Yy e w a in ° If VE$mt<r04veryflOUrav below. y ' TPtesa &Gordon Barnes. 1 - �' & I(r f q' 115 Moore Rd. ^ I "' Calum6ia, NC 27925 1 3 m 1 n _— _ Qom' IIIIIIINIIIIIII IIIIIIIIIhIIIIIIIIIIIIIilllll n iM � w o0 Was�, udsada M a { e ❑btllAe�tl MMIA IA tMINbWImY 0PeM-.IarC MAP P Po °m. 959094022087�6132158837 "" Ueamnw Maia.vxvnoww oRAM071 im, - oceuenenosawn Mean m '^ a n i 2. Mkk NumWr(IlonsbrrranaeMwkpellTi_ a Wlmw a,Doh✓ rwaws tlbefan. Dalkon N " � yat M Wbp.r 7015 16" 000o 6035 5687 '�iltiiakmutlWwy nMw�aoM'^m+ PSFcrm3811,Ju1y2015PSN7630-02 add 903 .. Oen�(k Roavn i i 7015 71660 000D .-6035 6622 l � # Y " • Complete Items 1,2,and 3. A ..anaam � @ a FYI OODY,° n Print Your rreme and schemes an the reverse w Not we can ratan the card to you. B. aeraNatl oY(Prnktl M1b a of De • Attach Nis card mare back of the meilpiece, ,pptl ,$ or an the front If WCa pedmits. 1 Y' a &3 % k$ I MidaAOtl rIM __ v. is tlellvwyotltl t real 17 Yca �F i,9' y+L. ., State of NC 0y below no % .._ 'a `0 cJu State Property Office \�. 1321 Mail Service Center �P 1 w g d p• Raleigh, NC 27699 s 7 A '" ^ a o IIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllll agileMal�el , ry � � ^ 95909402208i 6132 158818 abass MW b Mx mee w Pt� 2..AatAe Numbs(nenerorimma ! leaelJ pC�ally�e noWlgal Ldken 0skew" � 6 � 51 Ci Ha q 7015 1660 00110 6035 6622 cal m ls"d-""Ias npSi4Y°tO`Irv`" �re`m'°ula r` w•`a B`79 PS FOmn 3811;Jt0y 2015 PSN 7530-02-0009I161' mcussaie Ralum i ' - ----_.-..t (Uln JgJU UUUU d8`fU Ydr4 .`.. {t' n Complete Items 1 21.and 3. A ° /_ • print your name and addr888 on the m X ddro. verse so mauve co return the cetlto you : r0 ' e. P.ecmretl Ey(Pnn Nemal Q.DewarDc • Allectithis card lathe bock of are mollpioce, - of 8 vs or on the front if cause caniths t '••.^• ___ p bEWary etltlrese tlMdeM fmmltemW ❑YeeUn se res wambNlv«y Bernice Kitts, et al � am�wsbdos °p.Mo t c m r a0 Box 258 rolumbia, NC27925 C IIIIIIIIIIIIIillllllllllllllllllllllillillllll °Tp° �PMa Mallanms e m u OPMtegraWn ORWWoieIMM" 4-s' ❑a waP.mihtNAawy pgp�l¢tey MelP �^ O 959094022087 wed 6132158795 oc.m6u Am ewkiwoewn oAMaoa.axpia -'8 a Co maws wlrian - MaCMis i3 .� �� ' 2:An'rcle Number rylau¢M00°mamirelebe0 OfnbM,m.odtmyfrmMnw pd ery.0 agawre CmR u CA �3 ,m ❑ala,arvrecmmaoe me ee G17 7015 3430 0000 2810 7274 .al ka,mfm oM�ap• , - w¢aenaa+r.Mr w PSFonn$811, JUIy2a16MMTS3M102-0W-6051 Ocna Rosen ass t '+ PER BMW SENOER: COMMETE THIS SECTION.y �. �';M COMPLETE THIS SECTION ON nEuvEHV y ,rry bb � • 8$ e 'm s s p '■■■■■■■■■■■■■■/ ■■E ■ ■■ so ■ ONE Newman mn=M== :C:'.��iC�i I C'= ME ..■ .n. ■■Moss■ ..■n■nn■n■■�=/ _ iiii i■�"i/"■OEM mo "'iii■'m i' .�.C�...... "usmomm......0 CMISION MEN so �... ■=C■■Q■"■■■'ii■iisniiii0■■■ ■ .■.■n■■i■sons■■■■.■.MEMO■.�� ■�. ■'.sons■■■ o■■ ■■■■.:so.:n:on■■■■o■■■■■■■.�.C■.:C.o..■.0:■. MI MEMORIES MEMORIES o■ss■o■■■.■ ■ ■ ■■.....o■■Nils .�. ■■■■■ ■ MNE: ':: � m �:::OIE Ills SMUMMEMMOM Moog OMEN ION MEN M E ■ MUM IS■ ■ ■■ ■■ ■ ■.■ ■ 0 moll OEM us ..n..��C.. XW■■ ■ ■■On■.■.■==■■■■.■■.... son MEMO IN a ■�n.oMINES OEM ONES IN ' ■■� OMEN see .■/ ..fin Go'ii'■ "GG'� ."iriii'■'i'■'/�'■iii�i'.i C....S..� C�=.................... _. ... ." .C■■ 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth Elliott ,an applicant, or an went, or employee of an applicant, ]or a. new Mining.Perrtlit,or a modif ication of an c.xisting 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 milling permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor ofthe 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 ofthe 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) .lames Milton McClees 1700 Hwy. 64 East, Columbia, NC 27925 ].,guise Davenport 1903 Hwy. 64 East, Columbia. NC 27925 Elizabeth 13asnight 110 Box 612. Columbia. NC 27925 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative olfficer oftlie county or nitrnicipality in which any part ofthe permitted area is located and that notice ofthe pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) I i.c.: City Manager, County Manager, Mayor, etc."I David L. Clegg, Tyrrell Cutlty Marla€,er PO Box 449. Columbia. NC 27925 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 ofthe 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 off ices of the county or municipality in which any part ofthe 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 ofthe 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. r January29, 2018 -- O Signature of Applicant or Agent Date I!-person executing Affidavit is an agent or employee ofan applicant, provide the Following information: Name ofapplrcant: ,fames M. Cahoon Title of person executing Affidavit Agent for.lames M. Cahoon 1, 4 4 V1� �ovjak a Notary Public ofthe County of� Q� State of North Carolina, do hereby certify that �P_VI V1 e-Ai'l_ IF,11 ID_V appeared before me this day and under oath acknowledgec�� ttJ •above Affidavit was made by him/her. Witness my hand and notarial seal, this I R (1�r,1.t {��A. 20 �. Notary: nirms—zon expires: a j UBIJG C� o�`"w ori,,,, ,rF ., _ .�A1Tps �, v�rmi{ ;rr A��' isi��•� ���.�` • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth Elliott , an applicant, oran agent,or employee of an applicant, fir a new Mining Permit ora 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, bath public and private, of all tracts of land that are adjoining the mining permit boundary (including.where all adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, Ed] owners of record of tracts adjoining these tracts, that Eire within 1.000 feet of the mining permit boundary) and that notice ofthe 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) .loan A. Batson 1762 Hwv. 64 Fast, Columbia, NC 27925 .lames A. & Peggy Peny 624 Pintail Lane.Chesapeake. VA 23323 Fathcr Sue McKinnev 1744 Hwv. 64 East. Columbia, NC 27925 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative afficer 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: (Chief Administrative Officer Name) (Address) (i.c.: City Manager, County Manager. Mayor, ctc.j David L. Clegg, Tyrrell County Manager PO Box 449, Columbia NC 27925 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made tonotily all known owners of record, both public and private,of all tracts ofland 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 chiefadmimstmtivc ofTicer of lhecounty or municipality in which any pan o f the permitted area is located in compliance with N.C.G.S. 74-50(b l)and 15A NCAC SB .0004(c1). 1 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. hY_a� Januaryte 201E Signature of icam or Agent Dale If person executing Affidavit is an agent or employee ofan applicant, provide the following information: Name of applicant: James M. Cahoon Ti lie of person executing Affidavit Agent for James M. Cahoon L A V1Y10.— 'Ro via K a Notary Public ofthe County of'o Slate of North Carolina, do hereby certify that 11 nQ,4y� C heAI I Icliyo appeared before me this day and under oath ackno to d,��`�ppps0� �11figibove Affidavit was made by im/her. Witness my I and and�nottanal seal, this Q�y of CL-1� 0 1 Notary: (,l.{r1,C(,lScl.l� = Q' my Commiysion expires: Q3 0� .. Alav" 2 40 1?e C c 3 4:1 ® o ,,,, te �lRATO y,L '�>L JJ,2RPj 0 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION 1, Kenneth Flliott , an applicant, or an agent,or employee ofan applicant, for a new Mining Permit,or modification ofan 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 ofthe 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 ofthe 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) .lose Francisco Rivera 1744 Hwy. 64 laast. Columbia, NC 27925 Henry A. & Doris Rhines 110 Box 778. Columbia, NC 27925„ Roy & Peggy Sawycr PO Box 570. Columbia. NC 27925 (Attach additional list if necessary) I do also attest that the following individual is the chief administrative officer ofthe county or municipality in which any part ofthe 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: (Chief Administrative Officer Name) (Address) ]:i.e.: City Manager, County Manager, Mayor, etc.:] David L. Clcsg. 'Tyrrell County Manager PO Box 449. Columbia. NC 27925 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 ofthe mine tract, all owners of record of tracts adjoining these tracts, that are Within 1,000 f-eet of the mining permit boundary)and the chief administrative officer ofthe 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 ofthe 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. ianuary 29, 2018 Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee ofan applicant, provide the following information: Name of applicant: .lames M. Cahoon Title of'person executing Affidavit Agent for .lames M. Cahoon I, 0C�_ a Notary Public of the County of State of North Carolina, do hereby certify that �'S4P Y1 Yl ej {] ! ID appeared before me this day and under oath acknowledged A�llr>xtp�ipve Affidavit was made by him/her. Witness my hand and notarial seal, this �d- 20A. ` � �Notary. (n �1.1J1��L� 1t �mrs5r1iexplres. �� % XG _,log Abi log'Abi M, ONTC* - <i d'D 0 0 APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I. Kenneth Elliott .an applicant,Oran agent,or employee ufan applicant, fora new Mining Permit,or a namdif ication 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 arc within 1.000 feet of the mining permit boundary) and that notice of the pending application has been caused to be mailed, by certif ied 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) Calvin A. & Leon Hill PO Box 768, Columbia, NC 27925 .IclImv 11. & Helen S. Swain 1479 Hwv. 64 East. Columbia, NC 27925 Gary G. & Lori J. Bran PO Box 2059, Mantco, NC 27954 (Attach additional list if necessary) _ I do also attest that the following individual is the chief administrative officer ol'the coany or municipalily in which any, pan of the permitted area is located and that notice of the pending application has been caused lobe mailed,by certified or registered mail, return receipt requested, to said office at the following address: (Chiel'Administrative Officer Name) (Address) [i.c.: City Manager, County Manager, Mayor, etc.] David L. Clegg. Tyrrell County Manager PO Box 449, Columbia, NC 27925 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 ofihc county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b I)and 15A NCAC 5B.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above nolices were caused to be mailed and to provide them to the Department upon request. January 29. 2018 'Signature ot'Npplicant m Agent Dale If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of applicant: James M. Cahoon Title of person e�xQec ,I ng Affidavit Agent far James M. Cahoon I, Ann0.. �i�waln, a Notary Public ofthe County of �a�e_ Stale of North Carolina,do hereby ccni fy that ll 10 I I appeared before me this day and under oath aaacknowl`` m fe{r�ve Affidavit was made by him/her. Witness my hand and oarial seal, this�,vl�l�la of QXULA _20�. Notary: 1010 �mommisdOil expires: `y,` `Gumurq,' �' � 6�". s� b �? tcg� � p ��q0 �: e o • APPLICATION FOR A MINING PERMIT AFFIDAVIT OF NOTIFICATION I, Kenneth Elliotl , an applicant,oran agent,or employee ofan applicant, fora new Mining Permit,or a modification ofan 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 givcn on a farm provided by the Department: (Adjoining Landowner Name) (Address) Teresa& Gordon Barnes 115 Moore Road. Columbia, NC 27925 State of NC. c/o State Property Office 1321 Mail Service Center. Ruleigh, NC 27699-1321 Bernice Kills, et al PO Box 258, Columbia, NC 27925 (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 cenified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) (i.e.: City Manager. County Manager,Mayor, ctc.) David L. Clegg Tyrrell County Manager PO Box 449, Columbia, NC 27925 The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record, both public and Private, of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1.000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S.74-50(bl)and 15A NCAC 5B .0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to fbeppmailed and to provide them to the Department upon request. W. LL January 29, 2018 _,'Signature or Agent Date If person executing Affidavit is an agent or employee ofan applicant, provide the following information: Name ofapplicant: .lames M. Cahoon 'I itle onhf person exeecuting Affidavit Agent for.fanmcs M. Cahoon W I, hNt, Auwtgy�— a Notary Public of the County of Dare, , State of North Carolina,do hereby certify that Ken h e4tr\ c I I I� appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. +� mmtmn I�ry Witness my hand and notarial seal,this 201 . Notary: In/oAmw' -- _ limy CommissNexpires: I I Gpt _o ��``+rrrnnn���• ® O APPLICATION FOR A MINING PERMIT G. LAN I) ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right ofentry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whenever unities 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 forlciture is ordered pursuant to G,. . 74.59. LANDOWNER: q _ APPLICANT: Signature: �.fui�4a �� t—.'i:4y n 1 Signature:* a�''3sd L�,o&7 Print Name: James M. Cahoon print Name: James M. Cahoon _ (Title, if applicable) Company 'Title: Owner. operator (1 f uppl icable) Address: PO Box 518, 110 Hollv Rid kct • Rd. Company: NA Manleo, NC 27954 Mine Name: James Cahoon Mine Telephone: (252 ) 473-511 L (252 ) 216-6604 Telephone: ( 252 )473-511 1. (252 ) 216-6604 Date Signed: January 25, 2018 Date Signed:_January25,2018 *Signature must be the same as the individual who signed Page I of this application. One orieinal and rive(5) conics of the completed application,six (6) conies of all location mans, mine mans and reclamation mans,and the appropriate nroeessine fee(.sce next page for fee schedule) in the form a check _ or money order payable to the North Carolina Department of Environmental Quality must he sent to the Ralcieh 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. -36 - APPLICATION FOR A MININ*RMIT MINING FEE SCHEDULE A nonrefundable permit application processing fee whet) filing for a nc►+ mining permit, permit m0dification or transferred permit is required as follows: 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 nery permits mean%the local acreage at the site. mere%For ono4l(fleatlon of permits means that area of bind aticvtO bA'(he nutdirication within the nermi(trcl mine area,or any addilional land that is to he disturbed and added to an existing permitted urea.or both. -42 - APPLICATION FOR A MININGOIRMIT SCHEDULE OF RECLAMATION COSTS (Based upon ranp-c of S500 - $5,001) per affected acre) COMMODITY CODES: SG=Sand and/or Gravel, GS=Gemstone, Borrow = Borrow/fill dirt, CS=Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF = Pyrophyllite, OL = Olivine, KY=Kyanite/Sillimanite/Andalusite, PH =Phosphate, CL=Clay/Shale, PE=Peat, AU=Gold,T1=Titanium,and OT = Other Type T/S Ponds S.piies W.piles P.area/H.R. Mine E-r-cay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $5001ac.(L) Borrow 1500(FI) $2000(PD) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(11) 2500(1)D) LI, PF, OI-., KY 111-1 f 000(L) 2500 5000 5000 2000(I,) 2500(1-,I) 5000(PD) CI. 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PIS, AU, I000(1.,) 2500 3000 3500 2000(L) '11 O"1` 2500(FI) 5000(1)D) (L) = reclamation to a fake and revegetating sideslopes (FI) = reclamation by filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PLR 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 ]'ARTY CONTRACTOR. SAID ESTIMATE MUST 13E 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 REVECETATION 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. -45 - ® • Temporary Gravel Construction Entrance/ Exit Details Practice Standards and Specifications 6.06 James Cahoon Mine Columbia, NC Tyrrell County so' / �e �i 23 coarseeBBregatc � FC Flguro b[!a Gmwl mearwevii MUW a ugiveMXunbmiq Nawnevmonaim�mfililCa Aem Ve SWLC). Graveled pad located at entrance to access roads at James Cahoon Mine, where traffic moves directly onto US 64 East. Thickness: 6 inches minimum Width: 30 feet wide Length: 50 feet minimum as per diagram above. Aggregate Size: 2—3 inch coarse slag Maintenance: Maintain the gravel pad to prevent mud or sediment from leaving the construction site. Periodic top dressing with 2-inch stone will occur as needed during the life of the permit. After rainfalls, immediately remove all objectionable materials spilled, washed, or tracked onto public roadways. Ken Elliott, consulting January 28,2018 o Sediment Fence(Silt Fence)Construction Details: Practice Standards and Specifications 6.62 James Cahoon Mine US 64 East,Columbia, NC Tyrrell County 'A7r i Czczs•3rt!!'an 5 ,. ' .• Sl..I r", le5n< @.,c '.a+rand ,ra,•.ry(n"�, L. ;'"' CIF; A .;' � �_—�.*II�»+�A.r^^— ',;-�'�•' M�^ ;7;.sc;" A temporary permeable harrier erected on small disturbed areas to capture sediment from sheet flow. It is made of filter fabric buried at the bottom, stretched and supported by steel posts. Planning: Silt fence will be installed along the perimeter of a 12ft wide access road when crossing wetland areas. Narrow width of fenced area will allow only shallow pools to form behind fence while promoting deposition of sediment and preventing sedimentation into adjacent wetlands. Ends of fence will be curled uphill in "1" pattern to prevent end flow. Stabilized outlets will be provided to protect the fence system and release storm flow that exceeds the design. Design considerations: Silt fence will be constructed of extra-strength synthetic filter fabric. Height of fence will not exceed 2 feet above natural ground level, and will be constructed from a continuous roll to minimize joints. All joints will be fastened at a support post with 4 feet minimum of overlap. Extra-strength filter fabric will be fastened to road side of steel posts(installed 2 feet deep)every 6 feet(every 8 feet if using standard strength filter fabric with wire mesh backing) and fastened with wire ties. Trench will be excavated along inside of fence approximately 4 inches wide by 8 inches deep, into which 12 inches of fabric will be placed along the bottom and side of the trench. `french will be backfilled and compacted. Maintenance: Inspect sediment fence every week and after each rainfall. Make any required repairs immediately. Replace any collapsed, damaged, or decomposed fence promptly. Remove all fencing materials and unstable sediment deposits and bring the area to grade and stabilize it after the contributing drainage area has been properly stabilized. Ken Elliott,consulting January 28, 2018 Rock Dam in Ditch Construction Details Practice Standards & Specifications 6.63 . lames Cahoon Mine US 64 East,Columbia, NC Tyrrell County r ....................... : :::;::::::::::::::::... ...................................................... E.rto, —_— ,.1a PROFILE CHECK DAM DETAIL A rock embankment located to capture sediment in a naturally formed drainage feature. The purpose of a rock dam is to trap sediment on the construction site, and prevent off-site sedimentation in streams,lakes and drainageways. Planning: Used where it is desirable to have the top of the structure serve as the overflow outlet. A long weir crest is designed to keep flow depth shallow and discharge velocity low. Inside face of the dam will be covered with gravel to reduce rate of seepage so that a sediment pool will form during runoff, draining slowly through the dam. Design considerations: • Maximum height—weir elevation 6 feet above ditch grade. • Embankment—top width 2 feet minimum,side slopes maximum 2:2 upstream slope, maximum 3:1 downstream slope. Rock abutments will extend to an elevation at least 1 foot above the spillway, • Outlet protection — rock apron minimum 1.5 feet thick will extend downstream from the toe of the dam a distance equal to the height of the dam to prevent channel erosion. • Rock fill—rock will be well graded erosion resistant stone with a minimum dsosize of 12 inches, Class II downstream layer of riprap and Class I upstream layer of riprap. Maintenance: Check sediment basin after each rainfall, remove sediment when sediment accumulates to M the height ofthedam. Check structure for erosion or rock displacement weekly or after each significant (1/2 inch or greater) rainstorm and repair immediately. Ken Elliott, consulting January 28, 2D18 0 Water Height Control: Construction Details Half-pipe Water Level Control with Flash Board Risers NRCS Code 587 James Cahoon Mine US 64 East,Columbia, NC Tyrrell County tV JRNA '�' :...�r.nf -0..-• .t '31� ��k � 'ram. '" r �: 1. a-x�i s . fY .. .at..tirr' ,w.r�C ••:� I .��i -� FI ��' �" p�+'I !I'' Y 1.+�1 e �;Xl. err*wncySPIINM - - - - rfstrr water detention lewl r rlprap ombankrnent grass ill rip rap - II,c ._:_ It- ittt its_ tM bamjl 58dI171ef7t�OCk3 r�]I �t��ii I j .... {l�rtl- itr1113.-��� ^;iga:-a_ �f•,( �: CanCreft h n q o DESCRIPTION A structure in a water management system that conveys water, controls the direction or rate of flow, maintains a desired water surface elevation or measures water. Water height control structure is standard structure used by agricultural and horticultural farms in North Carolina to raise or lower water height in ditches and ponds per need (NRCS), Water height control structure to be installed in the northeast corner of the sedimentation pond berm at the James Cahoon Mine. Overflow to be directed down stabilized ditch to nearby blue-fine stream, eventual outflow to Scuppernong River and Albemarle Sound. 0 0 PURPOSE To convey water from one elevation to a lower elevation within, to, or from a water conveyance system, such as a ditch, channel, canal, or pipeline designed to operate under open channel conditions. Typical structures: drops, chutes, turnouts, surface water inlets, head gates, pump boxes, and stilling basins(NRCS). This water management system will be used to maintain a maximum water surface elevation in the sedimentation pond at the James Cahoon Mine, US 64 East, Columbia, NC. Sedimentation pond is a part of the dewatering management system of the James Cahoon Mine, used to remove settleable matter and turbidity from mine dewatering wastewater. CONSTRUCTION Structure consists of 26' x 3' horizontal galvanized steel culvert running under the sedimentation pond berm. A vertical 6' half pipe 52" x 30" is attached on the north end of the culvert with stacked flash boards allowing adjustable height of the water level in the sedimentation pond. Water flows over the flash boards and into the discharge pipe and down the rip-rap stabilized ditch. Overflow ditch is lined with riprap for 20 feet down its length. Existing slopes adjacent to the culvert are heavily grassed with natural grass and weeds with no erosion present. MAINTENANCE Structures will be checked and necessary maintenance, including removal of debris, shall be performed after major storms and at least semi-annually. C ~� ._.. Ken Elliott, consulting January 28, 2018 • A Discharge Outfall Outlet Protection: Construction Details Practice Standards and Specifications 6.41, 6.31, 6.15 James Cahoon Mine US 64 East,Columbia, NC Tyrrell County 6.41 Outlet Stabilization Structure 6.31 Riprap and Paved Channels 6.15 Riprap Pipe Cutlet to Well-defined Channel A I Li% i l{� lfi:4" 1 `• I;,j�""II>=��1i F� Section AA Filter blanket Trapezoidal Riprap Channel Dco ig 3 lo.p welth ilF^'I,tflr^hll, Filler layer,gravel or fabric Riprap lined apron located at end of mine dewatering overflow pipe to prevent scour and undermining in existing ditch, and to absorb the impact of the water flow and reduce the velocity to non-erosive levels, before flow reaches wetlands. Riprap Apron Size: Overflow pipe discharges directly into well-defined channel. The apron will extend across the channel bottom and up the channel banks to the top of the bank. Length of apron will be 20- feet downstream to maintain velocity control of maximum 2.0 feet per second. Grade: Apron will have zero grade and no overfill at end of apron. Alignment: Apron will be straight throughout entire length if possible. If curve is necessary to align the apron with the receiving channel, the curve will be located in the upstream section of the riprap. Materials: Riprap will consist of a well graded mixture of NCDOT Class A (2" to 6") stone or slag. Thickness: Minimum thickness of riprap will be 1.5 times the maximum stone diameter. ® O Filter: Operator plans to install a layer of heavy duty silt fence filter cloth between the riprap and the underlying soil to prevent soil movement into or through the riprap. Filter cloth will extend to the top of both channel banks, and edges will overlap 12 inches. Upstream end will be buried 12 inches and downstream end will be buried if necessary. Maintenance: inspect riprap outlet structures weekly and after significant rainfall events to see if any erosion around or below the riprap has taken place, or if stones have become dislodged. Repair all damage immediately. Maintain all vegetation adjacent to the channel in healthy condition to prevent scour or erosion during out-of-bank flow. Control weeds and brush growing in the riprap by cutting. tf �. C.C. �=-- k, "-- Ken Elliott, consulting January 28, 2018 Berm Construction Details James Cahoon Mine Columbia, NC Tyrrell County Narrow-based berm The narrow-based berm is the most common berm having a top of 2 feet (0.6 m)and side slopes of two horizontal: I vertical.This berm is the most economical to build as it requires the least material. The steep side slopes of this type of berm eliminate the possibility of working on it with farm machinery. 10, i I NEW BERM EYISf(NGfl) I GRADE Berm Construction The berm construction comprises of the scraping back of the topsoil from the area where the berm and storage basin is to be built. A subsoil material, free of stones, rubble, stumps etc. and with at least 10% clay should be used to construct the berm. The material for the berm may be obtained from the area behind or in front of the berm location or moved from a borrow pit located elsewhere on the farm. An earth mover will be required to move material from a pit located a distance away while a bulldozer would be used if material is located in the berm area. The berm material is to be placed in layers and compacted as each layer is added. After the berm has a final shape the sides of the berm should also be compacted. Emergency Overflow To provide for larger-than designed peak flows, an overflow system is used, namely: • "The level-top vegetated berm crest" which provides for very flat berm top so that the water will overflow along the berm length in a thin layer so as not to create erosion problems. s- Ken Elliott, consulting January 28, 2018 Temporary Seeding Details Practice Standards and Specifications 6.10 James Cahoon Mine US 64 East, Columbia,NC Tyrrell County Definition: Planting rapid-growing annual grasses, small grains, or legumes to provide initial, temporary cover for erosion control on disturbed areas. Purpose: To temporarily stabilize denuded areas that will not be brought to final grade for a period of more than 21 calendar days. Temporary seeding controls runoff and erosion until permanent vegetation or other erosion control measures can be established. Planning Considerations: Temporary seeding provides protection for no more than 1 year, during which time permanent stabilization should be initiated. Specifications: Complete grading before preparing seedbeds, and install all necessary erosion control practices. If soils become compacted during grading, loosen them to a depth of 6-8 inches. SEEDBED PREPARATION Good seedbed preparation is essential to successful plant establishment. A good seedbed is well pulverized, loose, and uniform. Liming—Apply lime according to soil test recommendations. Apply limestone uniformly and incorporate into the top 4-6 inches of soil. Soils with a pH of 6 or higher need not be limed. Fertilizer—Base application rates on soil tests. Incorporate into the top 4-6 inches of soil. If a hydraulic seeder is used, do not mix seed and fertilizer more than 30 minutes before application. Surface Roughening—Groove or furrow slopes steeper than 3:1 on the contour before seeding. ' PLANT SELECTION Select an appropriate species or species mixture for seeding in late winter and early spring. ® 9 SEEDING Evenly apply seed using a cyclone seeder (broadcast), drill, cultipacker seeder, or hydroseeder. Hand broadcasting is not recommended because of the difficulty in achieving a uniform distribution. Small grains should be planted no more than 1 inch deep, and grasses and legumes no more than 1/2 inch. MULCHING The use of an appropriate mulch will help ensure establishment under normal conditions, and is essential to seeding success under harsh site conditions. If the area being mulched is subject to concentrated waterflow, as in channels, anchor mulch with netting. Maintenance: Reseed and mulch areas where seedling emergence is poor, or where erosion occurs, as soon as possible. Do not mow. Protect from traffic as much as possible. r r- Ll. Ken Elliott, consulting January 28, 2018 0 • Permanent Seeding Details- Berm Practice Standards and Specifications 6.11 James Cahoon Mine US 64 East,Columbia,NC Tyrrell County Definition: Controlling runoff and erosion on disturbed areas by establishing perennial vegetative cover with seed. Purpose being to reduce erosion and decrease sediment yield from disturbed areas, to permanently stabilize such areas in a manner that is economical, adapts to site conditions,and allows selection of the most appropriate plant materials. Application: Areas to be stabilized with permanent vegetation must be seeded or planted within 15 working days or 90 calendar days after final grade is reached, unless temporary stabilization is applied. Soil preparation: Complete all final grading of berm and loosen any compacted soils. Apply lime and fertilizer according to soil test recommendations. Groove or furrow slopes on the contour before seeding. Vegetation: For immediate stabilization of disturbed soil, use nurse crop varieties, along with temporary mulching. Then seed with varieties providing cover for up to 3 years with a maintenance program, leading toward varieties providing permanent coverage. Seeding: Evenly apply seed using a cyclone seeder (broadcast), drill, cultipacker seeder, or hydroseeder. Hand broadcasting is not recommended because of the difficulty in achieving a uniform distribution. Small grains should be planted no more than 1 inch deep, and grasses and legumes no more than 1/2 inch. Mulching: The use of appropriate mulch will help ensure establishment under normal conditions, and is essential to seeding success under harsh site conditions. If the area being mulched is subject to concentrated waterflow, as in channels, anchor mulch with netting. Maintenance: Reseed and mulch areas where seedling emergence is poor, or where erosion occurs, as soon as possible. Do not mow. 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Columbia SUWMD Tyrrell County Water Mangement Study Columbia SUWMD I , James Callon None SIM qs 9 fe a a Legend " Clearing 8 Snagging Poet Isabel S Channels l�C Channels1 inch 3.045 bet IJ�N,` — Channels oz 0.5 1 Mks F Channels Farm an0limber Roads ® ^O� 1 Parula Page 12 of 59