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HomeMy WebLinkAbout20231107_Application RECEIVED NORTH CAROLINA MINING State of North Carolina 0V 4 7 2 t 2 Mail Service Center 7699-1612 PERMIT APPLICATION Department of Environmental Quality LAND QUALM-',igh, (9 9)707 9220 . , Division of Energy,Mineral,and Land Resou dING P ( RC?GiZ,,r,t NOTE:It Is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE- APPLICATION MEETING to discuss your intentions and address any questions. 1. Name of Mine Dare County Construction/Demolition Landfill On-Site Borrow Pit County Dare River Basin Pasquotank Latitude(decimal degrees to four places) 35.8394 Longitude(decimal degrees to four places) 75.8133 2. Name of Applicant Dare County Applicant Contact Shanna Fullmer Consultant Contact Aaron Weispfenning Applicant Email shanna@darenc.com Consultant Email weisprenningam@cdmsmith.com Telephone (252)475-5844 Telephone (919)325-3532 Cell Phone (252)423-0136 Cell Phone (919)622-8784 3 Permanent Address for Receipt of Official Mail" Dare County Public Works Office 1018 Driftwood Drive, P.O. Box 1000,Manleo, North Carolina,27954 4. Mine Office Address Same as Above 5. Mine Manager Jonathan DeWeese Mine Manager Email jonathan.deweese@darenc.com Telephone NIA Cell Phone (252)982-6390 I certify that all details co ained in this permit application are true and correct to the best of our knowledge.We fully understa d t any willful misrepresentation of facts will be cause for permft revocation. Signature"' Date ' Print Name Robert L.outran Tifle County Manager&County Attorney 'This will be the name that the mining permit will be issued to and the name that must be indicated on the rodamafion bonds u7t 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. *"Si nature of comi3any officer reguired. G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or,if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information required by the Department.All questions must be addressed,and all required maps provided before this application can be considered complete.Attach additional sheets as needed. Revised September 21, 2021 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTE:All the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine.All responses must be clearly conveyed on a corresponding,detailed mine map. A.GENERAL CHARACTERISTICS OF THE MINE 1. Answer all the following that apply: ❑ This is an application for a NEW permit. Indicate the total acreage at the site to be covered by the permit (This is the acreage the new permit fee will be based upon.) Of this acreage,how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: ❑x This is an application for a MODIFICATION to a mining permit. Mining Permit Number. 28-24 Total permitted acreage: 105.00 Does the modification involve acreage within the previously approved permitted boundary? YES FNO If yes,indicate the acreage to be covered by this modification ' Does the modification involve acrea a outside the previously approved permitted boundary? YES �NO If yes,indicate the additional acreage to be covered by this modification 7.90 NOTE:You must complete all of Section 1=of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover removed by the mining operation? x YES NO If yes,indicate the acreage to be affected within the acreage to be added to the permit s Oo The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. ❑ This is an application for TRANSFER of a mining permit. Mining Permit Number. Total permitted acreage: Revised September 21, 2021 Page 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3 750,00 $5 000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: Silt and sand to be used for fill and cover material primarily for on-site landfill activities. 3. Mining Method: Hydraulic Dredge ❑X Front-end Loader&Truck FIShavel&Truck Dragline b Truck ❑Self-loading Scraper Excavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet)40 Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.): surrounding natural ground surface Expected average depth of mine(feet) 35 5. Has an area at this site been mined in the past? YESL NO❑ If yes,when and by whom was this activity conducted? 1995-Present by Dare County 6. Estimated life of the operation(years):20 NOTE:The Department may request clarification on how life of mine was calculated. Revised September 21, 2021 P a g e 1 3 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 B.MAPS 1. Clearly mark and label the location of your mining operation on six f6i copies of a 7.5-minute quadrangle and a county highway map.These maps,in addition to six(6)co ides of all mine maps and reclamation maps,must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C.Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,5th Floor Raleigh,NC 27699-1612 Raleigh,NC 27604 Http:llportal.ncdenr.orolweblirlaeolo.gical home (919)733-2423 County highway maps may be obtained from the N.G.Department of Transportation: Mailing Address Physical Address NCDOT G1S Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh,NC 27699-1587 Raleigh,NC 27610 http://www.ncdot.rgttlais (919)212-6000 2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,waste p les,processing areas/haul roads,mine excavations and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit.A tablelchart similar to the fallowing will be acceptable: AFFECTED ACREAGE TABLE: For new permits,complete only the total affected acreage column. For modifications,complete all columns. CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED ACREAGE AFFECTED ACREAGE ACREAGE Tailings/Sediment Ponds 0.00 0.00 0.00 Stockpiles 8.30 0.00 8.30 Waste piles 0.00 0.00 0.00 Processing Areas/Haul Roads 2.50 0.00 2.50 Mine Excavations 80.40 5.00 85.40 Other(Please explain) 13.80 2.90 16.70 Total Affected Acreage 91.20 5.00 96.20 Total Permitted Acreage 105.00 7.90 112.90 Revised September 21,2021 P a 9 e 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 3. Mine maps must be accurate and appropriately scaled drawings,aerial photographs,or enlarged topographic maps of the entire mine site.All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage,Thus,all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient to clearly illustrate the following,at a minimum: a) Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b) Existing or proposed permit boundaries with geographic controls(e.g.metes and bounds,coordinates)labeled c) Initial and ultimate limits of clearing and grading d) Outline and width of all buffer zones(both undisturbed and unexcavated) e) Outline and acreage of all pits/excavations Q Outline and acreage of all stockpile areas g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all processing plants(may be described as to location and distance from mine if sufficiently far removed) i) Locations and names of all streams,rivers,and lakes j) Outline and acreage of all settling and/or processing wastewater ponds k) Outline and acreage of all planned and existing access roads and on-site haul roads 1) Location of planned and existing on-site buildings m) Location and dimensions of all proposed sediment and erosion control measures n) Location of 100-year floodplain limits and wetland boundaries o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary must be provided on the mine map. p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary,must be provided on the mine map(s).NOTE:"Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q) Map legend 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0—49 acres 1"=50' 50—199 acres 1"=100' 200+acres 1"=200' NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items, NOTE:In addition to the above,the maps must also Include any site-specific Information that is provided in the answers to the following questions(italicized questionsistatements)in this application form.This application will not be considered complete without all relevant items being adequately addressed on the mine maps. Revised September 21, 2021 P a g e s NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C.PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s).Attach additional sheets as needed. Tha mine Is located Ina relatively remote area of Dam County as shown on Figures land 2 with[fro site cunantly aDnsls[Ing of three pits.Pits#1 and#2 wero completed years ago and have Wad In with water with mining operations currently occurring in Pit#3.Pit#1 started approxlma[e[y 150 fact south or the canal adjacent to Cub Road In order to minimize the effects of groundwater How changes to the Construction A Demolition(CAD)landfill groundwater monitoring system.Mining Is performed at an average depth of 35 feet below the surrounding ground elevation and extends south towards Grouse Road.A 25•foot buffer Is approximately 300 real from the County's property line along the eastern woods Una,The southern extant of the existing excavation has a 25•foot buffer from the woods line south at Grouse, Road and Is approximately 1,20D feet from the County's property line.The future mining excavation area and the proposed expansion area are shown on Sheet C-1. The proposed expansion area will maintain a 50'buffer from the edge of the delineated wetlands. Dewalering of Pll#3 occurs as necessary as donned in Section 3.b.of[his permit.Excavated material Is temporarily stockpiled In the stockpile area and actor adequate drainage the sail Is used for cover at the CSD landfill alto.During excavation the uppermost organic layer is stripped and stockpiled separately at the OLD landfill site for future use as final C5D landfill capping material to support grass cover A free settling slope will be maintained on the active face until final excavation is complete. Warning signs are pieced at the lour comers of the excavation area.Finished slopes will be In accordance with the previous approved mining permit(sea Sheol D•1). This permit modification is proposing to Increase the future mining excavation area by 5 acres as shown on Sheol C-1.The future mining excavation area will consist of several smaller pits similar In size to Pas 91 and#2 to minimize dewalering millions. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent ofisite sedimentation(include specific plans for sediment and erosion control for mine excavation(s), waste piles,access/mine roads,andprocess areas),and give a detailed sequence of installation and schedule for maintenance of the measures.Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-sections/construction details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. Land disturbing activities In the mining area are accomplished such that all stormwater runoff is directed Into each mining pit.Drainage Into the southern mining pit(Pit#3)drains north where It is pumped Into Pit#2.Pit#2 gravity drains Into Pit #1.For ultimate discharge from Pit#1,see the discussion in Section 3,b.Once the new pit is started(future mining excavation area on Sheet C-1)drainage will be pumped into Pit#2 where it will gravity drain into Pit#1 before ultimately discharging Into the canal along Cub Road.This will be done to minimize turbidity discharging into the canal along Cub Road. Two surface drainage ditches drain the stockpile area.Slone check dams and silt fencing will be used as needed to control runoff from the stocplle area.Temporary seeding will be used If the stockpile remains undisturbed for more than 30 days.There are no changes to the Approved Erosion and Sedimentation Plan provided with the previously approved mining permit. 3. A)Will the operation involve washing the material mined,recycling process water,or other wastewater handling? YES RNO If yes,briefly describe all such processes including any chemicals to be used, B)Will the operation involve discharging fresh or wastewater from the urine or plant as a point discharge to the waters of the State? V YES —]NO if yes,briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of stabilization)on the mine map(s)- Water gravity drains from Pit#1 and flows west along Cub Road. At the intersection of Cub Road and Bear Road drainage is directed north and discharges from the property at the intersection of Bear Road and Gadwell Road. For more information see Sheets C-1 A and C-1 B. Pit#1 is the only discharge point location regardless of where mining operations are taking place. Revised September 21, 2021 Page 16 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)Will any part of the proposed mine excavation(s)extend below the water table? NYES ❑No If yes,do you intend to dewater the excavation(s)? nYES NO Estimated withdrawal rate in gallons per day: ,700,000.00 If yes,what impact,if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine map(s)that lie within 500 feet of the proposed excavation area.Provide data to support any conclusions or statement made,including any monitoring well data,well construction data,and current water withdrawal rates.Indicate whether the proposed mine locale is served by a public water system or private wells. There are no water supply wells that lie within 500 feet of the permitted mining area. All groundwater monitoring wells for the C&D landfill are located on the north side of Cub Road approximately 450 feet from the excavation area. The wells are sampled semiannually and reports submitted to NCDEQ. D)if you answered yes to any of the above questions,provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program.In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources,Ground Water Management Branch,it the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. A general Stormwater NPDES permit for mining operations and water withdrawal were issued/registered during the last permit modification in 2015. Pumping operations remain unchanged and pumping is completed as needed with a maximum 1.7 MGD threshold. Salt water intrusion due to mine dewatering has not been an issue based on a review of groundwater studies and observation well monitoring (see information provided in the 2015 permit modification). 4. A)Will the operapon involve crushing or any other air contaminant emissions? YES FX If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. B)Mow will dust from stockpiles,haul roads,etc.,be controlled? A water truck is used for dust control on all roadways. Dust conditions are mitigated as necessary at the landfill and borrow pit by dampening of interior access roads, cleaning of paved public roadways at the site entrance, and stabilizing completed areas with vegetation. Revised September 21, 2021 page 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and land Resources (919)707-9220 5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of-way.It may be an unexcavated buffer(no excavation,but roadways,berms,and erosion&sedimentation control measures may be installed within it),an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two, depending upon the site conditions.Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions.Show all buffer locations and widths on the mine map(s). As shown on Sheet CA a 25-foot buffer is maintained between the existing borrow pit and the tree line on the eastern side of Pits#1,#2, and#3.The eastern edge of the future mining excavation area will maintain a 50-foot buffer between the edge of the pit and the wetlands that extend 550 feet from the canal along Grouse Road and run parallel to the haul road.A 15-foot buffer will be maintained on each side of the 30-foot wide haul road(60 feet total)that will separate the current active area(Pit#3)and the future mining area.A 25-foot buffer will be maintained between the future mining area and the drainage ditch that marks the western edge of the permit boundary.A 150-foot buffer will be maintained between the northern sides of Pits#1 and the future mining area and the centerline of the canal along Cub Road. B)A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site?Show all buffer locations and widths on the mine map(s). As explained in Section 5a, a 150-foot buffer will be maintained between Pits #1 and #4 and the centerline of the canal along Cub Road to the north, and a 50-foot buffer between mining activities and the limit of the wetlands as shown on Sheet C-1. 6. A)Describe methods to prevent landslide or slope instability adacent to adjoining perm,#boundaries daring mining. Minimum 2 horizontal to 1 vertical slopes or(latter for clayey material and minimum 3 horizontal to 1 vertical slopes or Batter for sandy material are generally required unless technical justificabon can be provided to allow sleeper slopes. Due to the sandy nature of the excavated material a free settling slope is maintained on all active excavation surfaces. Upon completion of excavation the final slopes for the outer slope above the water line will be 3:1 (H:V). All other existing slopes will be in accordance with the previous approved mining permit. After completion of excavation for a major portion of an area the final outer face above the water table will be stabilized with vegetative cover. B)Provide a cross-section on the mine map(s)for all fill slopes(berms,waste piles,overburden disposal areas,etc.), clearly indicating the intended side slope gradient,installation of any benches and/or slope drains(with supporting design information)if needed,and the method of final stabilization. Revised September 21, 2021 Page 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 A&WmAl kftnefim Please use the space below to provide additional information to answer the questions in the application. Please clearly indicate which question is being continued on the additional space. Response to 6.13: Cross-sections are provided on Sheet D-1. Revised September 21, 2021 P a g e I Additional Information NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental(duality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 C)In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping.Cross-sections far all cut slopes must be provided on the mine map(s). Upon completion of excavation the final slopes for the outer slopes above the water line will be 3:1 (H:V). All other existing slopes will be in accordance with the previous approved mining permit. D)In hardrock excavations,specify proposed bench widths and heights in feet.Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes,widths of all safety benches and mine benches,and the expected maximum depth of the excavation. Not Applicable. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling,house, public road,or public,commercial or industrial building from any mine excavation.Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. There are no dwellings, houses, public roads, or public, commercial, or industrial buildings located within 300 feet of the permitted mine boundary. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented.Vegetated earthen berms,appropriate fencing and adequate boulder barriers may be acceptable high wall barricades.A construction detaftross-section and location of each type of barricade to be used must be indicated on the mine map(s). The site is located In a relative y remote area of mainland Dare County The site is bounded on the east by U.S.Highway 264 and an the other three sides by the AI Igator River National W dlife Refuge.Access to the area is limited to Link Road and Cub Rcad. Gate are installed on the eastern and western ends of Unk Road and are locked when not In service.A lockable gate Is also Installed at the Cub Road entrance.A gate attendant house Is located immediately Inside the gate on the southern edge of Cub Road.The entrance Is manned by a gate attendant at all limes when the facility;s open.Access from the western side of the C&D landfill Is unlikely since all adjacent property is Ir tho W;Idlife Refuge and the nearest public access to the Refuge(other than Link Road)Is approximately 5 miles away. Waming signs and moveable construction barricades are used as necessary to prevent public access along the active excavation area. 9. Are f cid roducing minerals or soils present? YES FXI NO If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled? Surface water in the area is generally acidic due to the decomposition of surface organic material. The Albermarle-Pamlico peninsula usually has a stratified groundwater regime. Subsurface aquifers that are separated from the uppermost groundwater layer by relatively impervious materials are alkaline due to limestone deposits. Any excavations that penetrate the subsurface aquifers can potentially fill with non-acidic water. pH readings taken from the existing borrow pit excavation indicate that the pond resulting from excavation areas will be neutral to alkaline. Revised September 21, 2021 P a g e 19 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Duality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 10. A)Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation,building berms or other measures.Show the location of all visual screening on the mine map(s)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. The site is located in a relatively remote area of Dare County as shown on Figures 'I and 2. The site is shielded to the east and south by a barrier of natural trees and undergrowth that is a minimum of 300 feet wide. Areas to the north and west consist of the C&D landfill and farmland owned by the County. Beyond the landfill is the Alligator River National Wildlife Refuge. Public view of the site is limited along U.S. Highway 264 by the natural tree buffer except at the Link Road access point. 8)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? The existing borrow area has been in operation since 1995 to meet the C&D landfill soil material requirements. Borrow operations have not changed since the operation began. Consequently, no significant adverse effect on the purposes of a publicly owned park, forest, or recreational area is expected. In addition to current landfill operations, the site also supports the Dare County Shooting Range. Cleared areas not currently in use for landfill activities are under cultivation along with portions of the U.S. Fish and Wildlife property. 11. Will 17YES sives be used? �NO If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third-party blasting study),Locate the nearest of sde occupied structure(s)to the proposed excavation(s)on the mine map and indicate its approximate distance to the proposed excavation. Not Applicable. 12. Will fuel tanks,solvents,or other chemical reagents be stored on-site? YES INO 1^1 If yes,describe these materials,how they will be stoned and method of containment in case of spill.Indicate the location(s)of all storage facilities on the mine map(s). Not Applicable. Revised September 21, 2021 Page 110 FORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 D.RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s).In addition, design information,including typical cross-sections,of any permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map. After closure of the facility, all uses of the property will be limited to activities that will pose no threat to the integrity of the grass cover, cap, monitoring systems,or any other components necessary for the protection of human health or the environment. Unless approved by the Solid Waste Section use of the closed landfill and related mining pits will be limited to recreational and agricultural purposes. The ponds resulting from excavation of the soil materials may be developed into recreational lakes and stocked with indigenous species of fish once the landfill is permanently closed. 2. Is an excavated or impounded body of water to be left as pad of the reclamation? ZYES F ]NO If yes,illustrate the location of the body(s)of wafer on the reclamation map and provide a scaled cross-sections) through the proposed body(s)of water.The minimum water depth must be at least 4 feet,measured from the normal low water table elevation,unless information is provided to indicate that a shallower water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? nYES nNO If yes,specify species. The created ponds will be approximately 40 feet deep and can be stocked with indigenous species of fish once the landfill is permanently closed. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left.Acceptable permanent barricades are appropriate fencing,large boulders placed end-to-end,etc.Construction details and locations of all permanent barricades must be shown on the reclamation map. Access to the site will be through the landfill area therefore access will be controlled in the same manner as the approved landfill site. Revised September 21, 2021 y = 11 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental duality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping.Final cross-sections and locations for such areas must be provided on the reclamation map. Topsoil that is stripped off the borrow pit excavation areas is stockpiled and will be used for final cover at the on-site C&D landfill to support vegetative cover as required and as previously approved by the NCDEQ Solid Waste Section. Any material taken from the excavations will be used at the landfill for cover and fill material or for off-site fill in limited quantities. No spoil banks or mine waste piles are expected to remain after borrow pit operations have ceased. It is expected that all excavated material will be used at the on-site C&D landfill site and associated facilities. 5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways. No processing facilities are present, but the stockpile area will be revegetated at grade according to plans and procedures previously approved by the North Carolina Solid Waste Section for the C&D landfill. Roadways will remain in place to maintain access. B)Will any on-site roadways be left as part of the reclamation? FXIYES F ]NO if yes,identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. The roadway between the existing and future excavation areas will remain to provide access to the eastern end of the property. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining.(Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without Prior written approval from the NC Department of Environmental Quality,Division of Energy,Mineral,and Land Resources and either the Division of Waste Management(DWM)or local governing body.if a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application.All temporary and permanent refuse disposal areas must be clearly delineated on the mine maps)and reclamation map,along with a list of items to be disposed in said areas. No scrap metal,junk machinery, cables, or other waste products of mining is anticipated. Revised September 21, 2021 Page 112 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include recommendations for year-round seeding,including the time of seeding and the amount and type of seed,fertilizer, lime and mulch per acre.The recommendations must include general seeding instructions for both permanent and temporary revegetation.Revegetation utilizing only tree plantings is not acceptable.Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service,Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service,Department of Agriculture and Consumer Services; f. N.C.Erosion and Sedimentation Control Planning and Design Manual; g. N.C.Surface Mining Manual:A Guide for Permitting,Operation and Reclamation; h. Others as may be approved by the Department. Lime Rate of Application(tonslacre): 1.6 Fertilizer Analysis and Rate of Application(lbs/acre): 2,000 Seed type(s)and rate(s)of application included year-round seeding schedule(lbs/acre): NOTE:Include legumes SEED TYPES SEEDING DATES SEEDING RATES Ta,Fescue W30 to Nt5 30.30% German M,let Brio 10 W15 2915% Guff Annual Rye 913010 3115 20.35% Boreal creeping Red Fescue 913010 3115 9-55% Unholed Bermudagmu 9130 to 31t5 7.<0% cenupe agms 9r3010 W15 0.55% Fd*m 9130 to 3115 2.00% Mulch Type,Rate of Application(lbs/acre),and Method of Anchoring: Straw (1-2 tons/acre) or other approved materials (see Section 6.14 of the North Carolina Erasion and Sediment Control Planning and Design Manual). Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(lbslacre,treed acre,spacing of treeslshrubs,etc.): Vegetative cover will be limited to seed due to wooded areas to the east and south. Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency Revised September 21, 2021 P a c. e 113 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to S5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit.Please insert the approximate acreage,for each aspect of the mining operation,that you intend to affect during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acne for each category from the Schedule of Reclamation Costs Provided with this application form)OR you can defer to the Department to calculate your bond for you based upon yourma n and standard reclamation costs. _ CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COSTIACRE COST Tailings/Sediment Ponds 0.00 Ac. X $ 500 /Ac. = $ 0.00 Stockpiles 8.30 Ac. X $ 1,800 IAc. = $ 14,940.00 Waste Piles 0.00 Ac. X $ 2,000 IAc. = $ 0.00 Processing Area/Haut Roads 2.50 Ac. X $ 1,800 IAc. = $ 4,500.00 Mine Excavation 85.40 Ac. X $ 500 IAc. = $ 42,700.00 Other 0.00 Ac. X $ 0 IAc. = $ 0.00 TOTAL AFFECTED AC.: 96.20 Ac. TOTAL PERMITTED AC.: 112.90 Ac. Temporary&Permanent Sedimentation&Erosion Control Measures: Divide the TOTAL AFFECTED AC.above into the following two categories:a)affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage 87.90 Ac. b) Positive Drainage 8.30 Ac. X $1,500.00 = $ 12,450.00 SUBTOTAL COST:$ 74,590.00 Inflation Factor. SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 74,590.00 X 20 = $ 29,836.00 Total Reclamation Bond Cost: FTOTALRECLAMATION BOND COST= SUBTOTAL+INFLATION = $104,400.00 Round down to the nearest$100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74-54 Revises!September 21, 2021 114 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 SCHEDULE OF RECLAMATION COSTS Based upon range of$500-$5,000 per affected acre COMMODITY CODES: SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL ClayiShale GS Gemstone FS Feldspar OL Olivine PE Peat Borrow Borrow/fill dirt MI Mica KY KyanitelSillimanitelAndalusite AU Gold CS Crushed Stone LI Lithium PH Phosphate TI Titanium OT Other TYPE TIS PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION $5001ac.(L) $5441ac.(L) SG,GS,Borrow $18001ac. $20001ac. $18001ac. 1500(FI) 2000(PD) CS,DS,FS,MI,Lt. 500(L) 1800 2000 2000 500(L) PF,OL,KY 1500(Fl) 2500(PD) PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) CL 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) 1000(L) 2D00{L) PE,AU,TI,OT 2500(FI) 2500 3000 3500 5404(PD) (L)=Reclamation to a lake and revegetating side slopes (FI)=Reclamation by filling in and revegetating (PD)=Reclamation by grading for positive drainage&revegetating AS PER NCAC 15A 5B.0003,IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET,YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD-PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail Service Center,Raleigh,North Carolina 27699.1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING,AS A MINIMUM: •FINAL GRADING COSTS PER ACRE •LIME AND FERTILIZER COSTS PER ACRE •YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE(FROM APPROVED REVEGETATION PLAN IN APPLICATIONIPERMIT DOCUMENT) •MULCH AND ANCHORING COSTS PER ACRE •ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Revised September 21, 2021 115 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 F.NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,return receipt requested,to: (1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s);and (3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track, or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy,Mineral,and Land Resources. A copy of a tax map(or other aftematfve acceptable to the Department)must be mailed with the completed"Notice"form(the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Nofificaflon"attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(bl). SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION" Revised September 21,2021 P a g e 116 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(b1)of The Mining Act of 1971,Notice is hereby given that Dare County has applied on 07/03/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612,for(check one): a new surface mining permit, a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine sand and/or gravel on 112.90 acres located 5.00 (Mineral,Ore) (Number) (Number) miles southwest of Manns Harbor offlnear road 1603 Cub Road (Direction) (Nearest town) (Number,Name) in Dare County. `SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS' In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;9 an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comments)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51.a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (252)475-5800 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written commentsldocumentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Dare County- Robert L. Outten Addresse&Qwrier of Record's Name and Address Name of Appliranf_Include Contact Person tt Company Name,if WcaWe P.O. Box 1000, Manteo, NC 27954 Date of Issuance of this Not owMailed to Addresse&Dmer of Record Address of Applicant Revised September 21,2021 Page 117 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 AFFIDAVIT OF NOTIFICATION I Dare County ,an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C.Department of Environmental Quality,being first duly swam,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[eased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail,return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: Adjoining Landowner Name Address US Dept of the Interior Fish and Wildlife Service Mike Bryant;PO Box 1969, Manteo, NC 27954 Attach additional list if necessary. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said office at the following address: Robert L. Outten P.O. Box 1000, Manteo, NC 27954 Chief Administrative Officer Name Address (i.e.:City Manager,County Manager,Mayor,etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and the chief administrati fficer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1) nd NCAC 5B.0004(d).I understand that it is the responsibility of the applicant to retain the receipts of mailing showing at hove notices were used to be mailed and to provide them to the Department upon request. — -7) Signature of Applicant or Agent Date If person executing Affidavit is an agent or employee of an applicant,provide the following information: Name of Applicant Title of person executing Affidavit `` I ker C'A-r' 0-V b ,a Notary Public of the County of -Dare , State of North Carolina,do hereby certify that appeared before me this day and under oath acknowledged that the above Affidavit was made by him/her. Witness my hand and notarial seal,this 6 day of 20� Notary. My commission expires: ip -K CHERYL CARNEVALE ANBY Revised September 21, 2021 0, SON" NORTH CAROLINA W COMWSSION EXPIRES 60=4 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612 Division of Energy,Mineral,and Land Resources (919)707-9220 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' a��== Print Name Same as Applicant Print Name Robert L. Outten Title(it applicable) Tille County Manager&County Attorney Company(if applicable) Same as Applicant Company Dare County Address Same as Applicant Mine Name Dom cwnly CanauuyienlpemoYlion 1NelSa LandTig On-S+la 6or1oW Pit Telephone (252) 475-5800 Telephone Same as Applicant Date Signed R & a 3 Date Signed 1 'Signature must be the same as the individual who signed Page 1 of this application. One original and five 151 copies of the completed application,six 6 copies of all location maps,mine maps and reclamation maps,and the-ap propriate Processing fee in the form a check or money order payable to the North Carolina Department of Environmental QualBy must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220. Revised September 21, 2021 11s N Ell I II e a \ ! 14 I r a I ail I ' I I k I , j I1 gg g2& I I I I I I z z NIn dd11 1 1y I x z a j ZO 1111 k I � 3 / rl r 1 i>f A a o n O K 5 9 C � w N .� 7 � n G oy w 2 O 7 su 1 n 0 c o m z 3 ro 0 C 9 G a a � s z m B Z m to > > m � a $ Z 3 O z m m m m O N ^Jm C j w N O Z N R F rt O W rt A L W f'! O S I n W U � c P � A N � C A 0 d W N_ Vn a 0 o c c 8