20231222_Application

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
Ivy aa0's0
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 Babson Sand Mines
County Brunswick River Basin -lxrn�p2f
Latitude(decimal degrees to four
places) 3Y• dqDO 1Q
Longitude(decimal degrees to four p
places) p S S 3 ) �/•'
2. Name of Applicant Sawyer Rivers Sand LLC
Applicant Contact Julia Tripp Consultant Contact Joseph K.Bland,P.E.
Applicant Email [e-mail] Consultant Email [e-mail]
Telephone [phone] Telephone [phone]
Cell Phone [phone] Cell Phone [phone]
3 Permanent Address for Receipt of
Official Mail" 330 Military Cutoff Road,Ste A-2,Wilmington,NC 28405
4. Mine Office Address moo. �bpX 1 ab
As\-, taC. Agq;D
5. Mine Manager Dave Tripp
Mine Manager Email [e-mail]
Telephone [phone] Cell Phone [phone]
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""" Date 3
Print Name Ju is Tripp
Title Authorized Signatory
'This will be the name that the mining permit will be issued to and the name that must be indicated an 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.
""nature of company officer required.
G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete
application or,if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information
required by the Department.All questions must be addressed,and all required maps provided before this application can
be considered complete.Attach additional sheets as needed.
Revised September 21. 2021 P a g e i

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
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:
MThis is an application for a NEW permit.
Indicate the total acreage at the site to be covered by the permit 44.35
(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: 44.35
Property owner if leased: Dwight Babson
This is an application for a MODIFICATION to a mining permit.
Mining Permit Number: Total permitted acreage:
Does the modification involve acreage within the previously approved permitted boundary?
FIYES RNO
If yes,indicate the acreage to be covered by this modification
Does the modification involve acreage outside the previously approved permitted boundary?
YES F ]NO
If yes,indicate the additional acreage to be covered by this modification
NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining
Landowners
Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover
removed)by the mining operation?
1-1 YES FINO
If yes,indicate the acreage to be affected within the acreage to be added to the permit
The modification fee is based upon the proposed new affected acreage within the previously
approved permitted boundary plus the proposed total acreage to be added outside the previously
approved permitted boundary.
This is an application for TRANSFER of a mining permit.
Mining Permit Number: Total permitted acreage:
Revised September 21,2021 Page 12

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
MINING FEE SCHEDULE
A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is
required as follows:
APPLICATION TYPE 0—25 ACRES 26+ACRES
New Permit Applications $3,750.00 $5,000.00
Permit Modifications $750.00 $1,000.00
Permit Transfers $100.00 $100.00
Annual Operating Fee $400.00 $400.00
Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the
new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the
previously approved permitted boundary.
2. Name of all materials mined: Sand
3. Mining Method:
Hydraulic Dredge
Dragline&Truck
Other(please explain):
4. Expected maximum depth of mine(feet) 35
Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level,road elevation,etc.)
natural ground
Expected average depth of mine(feet) 25
5. Has any area at this site been mined in the past?
YES NO X
If yes,when and by whom was this activity conducted?
6. Estimated life of the operation(years): 20
NOTE:The Department may request clarification on how life of mine was calculated.
Revised September 21,2021 Page 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 [phone]
B. MAPS
1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county
highway map.These maps,in addition to six(6)copies of all mine maps and reclamation maps,must be submitted
with each permit application.
7.5-minute quadrangles may be obtained from the N.C.Geological Survey:
Mailing Address Physical Address
1612 Mail Service Center 512 N.Salisbury St.,5t^Floor
Raleigh,NC 27699-1612 Raleigh,NC 27604
Http:llportal.ncdenr.org/web/irlgeological home [phone]
County highway maps maybe obtained from the N.C.Department of Transportation:
Mailing Address Physical Address
NCDOT GIS Unit NCDOT GIS Unit
1587 Mail Service Center 3401 Cad Sandburg Court
Raleigh,NC 27699-1587 Raleigh,NC 27610
hltp:/Iwww.ncdot.rgfit/gis [phone]
2. A tabletchart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds,
stockpiles,waste piles,processing areas/haul roads,mine excavations and any other major aspect of the mining
operation that is proposed to be affected/disturbed during the life of the mining permit.A tablelchart similar to the
following will be acceptable:
AFFECTED ACREAGE TABLE:
For new permits,complete only the total affected acreage column.
For modifications,complete all columns.
CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED
ACREAGE AFFECTED ACREAGE ACREAGE
Tailings/Sediment Ponds
Stockpiles
Waste piles
Processing Areas/Haul Roads
Mine Excavations
Other(Please explain)
Total Affected Acreage
Total Permitted Acreage
Revised September 21, 2021 P a g 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 [phone]
3. Mine maps must be accurate and appropriately scaled drawings,aerial photographs,or enlarged topographic maps of
the entire mine site.All aspects of the mine site must be clearly labeled on the maps along with their
corresponding(approximate)acreage.Thus,all mine and reclamation maps must denote those activities that
are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient to clearly
illustrate the following,at a minimum:
a) Property lines of the tract or tracts of land on which the proposed mining activity is to be located including
easements and rights-of-way.
b) Existing or proposed permit boundaries with geographic controls(e.g.metes and bounds,coordinates)labeled
c) Initial and ultimate limits of clearing and grading
d) Outline and width of all buffer zones(both undisturbed and unexcavated)
e) Outline and acreage of all pits/excavations
f) Outline and acreage of all stockpile areas
g) Outline and acreage of all temporary and/or permanent overburden disposal areas
h) Location and acreage of all processing plants(may be described as to location and distance from mine if
sufficiently far removed)
i) Locations and names of all streams,rivers,and lakes
j) Outline and acreage of all settling and/or processing wastewater ponds
k) Outline and acreage of all planned and existing access roads and on-site haul roads
1) Location of planned and existing on-site buildings
m) Location and dimensions of all proposed sediment and erosion control measures
n) Location of 100-year floodplain limits and wetland boundaries
o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit
boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,
names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary
must be provided on the mine map.
p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit
boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,
railroad track,or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is
owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within
1,000 feet of the mining permit boundary,must be provided on the mine map(s).NOTE:"Highway"means a road
that has four lanes of travel or less and is not designated as an Interstate Highway.
q) Map legend
1) Applicant name 5) Scale
2) Mine name 6) Symbols used and corresponding names
3) North arrow 7) Date prepared and revised
4) County 8) Name and title of person preparing map
Map scales should meet the following guidelines:
PERMITTED ACREAGE MAP SCALE
0—49 acres V=50'
50—199 acres 1"=100'
200+acres 1"=200'
NOTE:Smaller scaled maps may be acceptable if they clearly illustrate the above items.
NOTE:In addition to the above,the maps must also include any site-specific information that is provided in
the answers to the following questions(italicized questions/statements)in this application form.This
application will not be considered complete without all relevant items being adequately addressed on the mine
maps.
Revised September 21,2021 Page 15

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
C.PROTECTION OF NATURAL RESOURCES
1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence
to the mine map(s).Attach additional sheets as needed.
Once all permits have been obtained,the operator will clear and grub the proposed excavation area. Excavation will begin and occur
on an as needed basis.
2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to
prevent offsite sedimentation(include specific plans for sediment and erosion control for mine excavation(s),waste
piles,access/mine roads,and process areas),and give a detailed sequence of installation and schedule for
maintenance of the measures.Locate and label all sediment and erosion control measures on the mine map(s)and
provide typical cross-sections/construction details of each measure.Engineering designs and calculations are required
to justify the adequacy of any proposed measures.
Extensive natural buffers will remain. The excavation area will be graded to drain internally to the pit area. No movement of sediment is
expected offsite or to any adjacent wetlands. Temporary silt fence to be installed in areas adjacent to wetlands. Temporary diversion
ditches and temporary sediment basin to be installed until excavation limits potential for offsite runoff.
3. A)Will the operation involve washing the material mined,recycling process water,or other wastewater handling?
YES NO X
If yes,briefly describe all such processes including any chemicals to be used.
B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters
of the State?
YES X 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).
Mine ewatedng as identified on plans at each basin. Each location discharges to NCDOT dewatering basin(See
Detail). All surrounding areas to be stabilized with vegetation. Basin outlet to be routed through an appropriately size
rip rap energy dissapater.
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 [phone]
C)Will any part of the proposed mine excavation(s)extend below the water table?
X YES NO
If yes,do you intend to dewater the excavation(s)?
X YES NO
Estimated withdrawal rate in gallons per day: 96,000
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.
No adverse effect is anticipated due to distance to existing wells.
D)If you answered yes to any of the above questions,provide evidence that you have applied for or obtained the
appropriate water quality permit(s)(i.e.,non-discharge,NPDES,Stormwater,etc.)from the Stormwater Program.In
addition,the applicant is required to register water use with the Division of Water Resources,Ground Water
Management Branch,if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit
from the Division of Water Resources,Ground Water Management Branch,if the operation lies in a capacity use area
and withdraws more than 100,000 gallons per day.
An NPDES permit has been applied for.
4. A)Will the operation involve crushing or any other air contaminant emissions?
YES NO X
If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality
or local governing body.
B)How will dust from stockpiles,haul roads,etc.,be controlled?
- A water truck will be used as needed to control dust. No stockpiles are proposed for this project.
Revised September 21,2021 P a g e 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 [phone]
5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of-way.It may be an
unexcavated buffer(no excavation,but roadways,berms,and erosion&sedimentation control measures may be
installed within it),an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two,
depending upon the site conditions.Note that all buffers must be located within the mining permit boundaries.
How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at
this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site
conditions.Show all buffer locations and widths on the mine map(s).
A minimum 40'undisturbed buffer is proposed adjacent to all boundary lines.
B)A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining
permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified.
Depending on site conditions,a buffer wider than 50 feet may be needed.
How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit
boundaries and any natural watercourses and wetlands at this site?Show all buffer locations and widths on the mine
map(s).
A 50'undisturbed buffer is proposed for any excavation areas adjacent to wetlands.
6. A)Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining.
Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or
flatter for sandy material are generally required unless technical justification can be provided to allow steeper slopes.
Either a 40'or 50'buffer from any excavation to adjacent properties. This should be adequate to prevent any slope failure from
impacting adjacent properties. The maximum proposed slopes for the excavation area will not exceed 2:1.
B)Provide a cross-section on the mine map(s)for all 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.
A cross section is on plans provided. Side slopes of 2:1 are proposed.
Revised September 21,2021 Page 18

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
C)In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications
for benching and sloping.Cross-sections for all cut slopes must be provided on the mine map(s).
See plans for cross section.
D)In hardrock excavations,specify proposed bench widths and heights in feet.Provide cross-sections of the mine
excavation clearly noting the angles of the cut slopes,widths of all safety benches and mine benches,and the
expected maximum depth of the excavation.
NIA No Rock.
7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling,house,
public road,or public,commercial or industrial building from any mine excavation.Locate all such structures on the
mine map if they are within 300 feet of any proposed excavation.
No blasting or vibrating equipment is proposed.Extensive undisturbed buffer to be provided as well as a berm.
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 detaiUcross-section and location of each type of barricade to be used must be
indicated on the mine map(s).
The haul road will be gated and berms installed along each side. There will be undisturbed vegetated buffers retained around
the perimeter of the project.
9. Are acid producing minerals or soils present?
YES NO
If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled?
Revised September 21,2021 Page 19

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 [phone]
10. A)Describe specific plans(including a schedule of implementation)for screening the operation from public view such
as maintaining or planting trees,bushes or other vegetation,building berms or other measures.Show the location of all
visual screening on the mine map(s)and provide cross-sections through all proposed berms or proposed spacing,
sizes and species for tree plantings.
The site is surrounded by natural buffers to remain.
B)Could the operation have a significantly adverse effect on the purposes of a publicly owned park,forest,or
recreation area?If so,how will such effects(i.e.,noise,visibility,etc.)be mitigated?
No;None close by.
11. Will explosives be used?
YES NO X
If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to
persons or neighboring property from flying rocks or excessive air blasts or ground vibrations.Depending on the mine's
location to nearby structures,more detailed technical information may be required on the blasting program(such as a
third-party blasting study).Locate the nearest offsite occupied structure(s)to the proposed excavation(s)on the mine
map and indicate its approximate distance to the proposed excavation.
12. Will fuel tanks,solvents,or other chemical reagents be stored on-site?
YES NO X
If yes,describe these materials,how they will be stored and method of containment in case of spill.Indicate the
location(s)of all storage facilities on the mine map(s).
Revised September 21, 2021 P a g e 110

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
D.RECLAMATION PLAN
1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the
sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of
settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent
drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated
on a reclamation map and must correspond directly with the information provided on the mine map(s).In addition,
design information,including typical cross-sections,of any permanent channels to be constructed as part of the
reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map.
Excavated area will be reclaimed as a freshwater lake.Pit banks will be graded to 3:1 or flatter above the normal pool elevation.The
haul road will remain as access to the lake.
2. Is an excavated or impounded body of water to be left as part of the reclamation?
FX-1YES F]NO
If yes,illustrate the location of the body(s)of water on the reclamation map and provide a scaled cross-sections)
through the proposed body(s)of water.The minimum water depth must be at least 4 feet,measured from the normal
low water table elevation,unless information is provided to indicate that a shallower water body will be productive and
beneficial at this site.
Will the body(s)of water be stocked with fish?
nX YES nNO
If yes,specify species.
Bream, Bass and Catfish
3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what
kind of permanent barricade will be left.Acceptable permanent barricades are appropriate fencing,large boulders
placed end-to-end,etc.Construction details and locations of all permanent barricades must be shown on the
reclamation map.
Existing vegetated buffers will remain.The gate at the haul road will remain.
Revised September 21,2021 Page 111

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
4. Indicate the method(s)of reclamation of overburden,refuse,spoil banks or other such on-site mine waste areas,
including specifications for benching and sloping.Final cross-sections and locations for such areas must be provided
on the reclamation map.
No significant overburden is anticipated.
5. A)Describe reclamation of processing facilities,stockpile areas,and on-site roadways.
No processing facilities or stockpiles are planned.The haul road will remain for access.
B)Will any on-site roadways be left as part of the reclamation?
FX_1YES FINO
If yes,identify such roadways on the reclamation map and provide details on permanent road and ditch line
stabilization.
See haul road location and haul road details.
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 significant amount of waste products are anticipated.Any waste generated shall
be disposed of off site in accordance with applicable local,state,and federal regulations.
Revised September 21, 2021 Page 112

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
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): 1.51acre
Fertilizer Analysis and Rate of Application(lbslacre): 10-12-10 fertilizer @ 500 Ibs/acre
Seed type(s)and rate(s)of application included year-round seeding schedule(lbslacre):
NOTE:Include legumes
SEED TYPES SEEDING DATES SEEDING RATES
PensocolaBahra ram April—May 501b/AC
Serilea Les edeza March—May 30lb/AC
Common Bermuda Grass June—July 10lb/AC
German Miller September—October 101b1AC
Mulch Type,Rate of Application(Ibs/acre),and Method of Anchoring:
Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(lbslacre,trees/
acre,spacing of trees/shrubs,etc.):
Reveg atioAK
ores ation ap ed by:
Signature Date
Print Name Jan
Title Professional Engineer
Agency Norris&Tunstall Consulting Engineers,P.C.
Revised September 21, 2021 Page 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 [phone]
E.DETERMINATION OF AFFECTED ACREAGE AND BOND
The following bond calculation worksheef is to be used to establish an appropriate bond(based upon a range of$500 to$5,000
per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the
life of the mining permit.Please insert the approximate acreage,for each aspect of the mining operation,that you intend to affect_
during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acre for each category from the
Schedule of Reclamation Costs provided with this application form)OR you can defer to the Department to calculate your bond
for you based upon your maps and standard reclamation costs:
CATEGORY AFFECTED RECLAMATION RECLAMATION
ACREAGE COSTIACRE COST
Tailings/Sediment Ponds 0.4 Ac. X $ 500 /Ac. _ $ &w $200.00
Stockpiles 0.00 Ac. X $ 1,800 /Ac. _ $ 0.00
Waste Piles 0.00 Ac. X $ 2,000 /Ac. _ $ 0.00
Processing Area/Haul Roads 1.13 Ac. X $ 1,800 /Ac. _ $ $2,034.00
Mine Excavation 30.45 Ac. X $ 500 /Ac. _ $ 0.00 $15,225.00
Other Ac. X $ /Ac. _ $ 0.00
TOTAL AFFECTED AC.: @�M 31.98 Ac.
TOTAL PERMITTED AC.: 44.35 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 44.35 Ac.
b) Positive Drainage Ac. X $1,500.00 = $ 0.00
SUBTOTAL COST:$0900 $17,459.00
Inflation Factor:
SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST
OF LEASE(YEARS)
0.02 X $ M@( $17,459.00 X 20 = $VWX $6,983.60
Total Reclamation Bond Cost:
TOTAL RECLAMATION BOND COST= SUBTOTAL*INFLATION = $24,400.0
Round down to the nearest$100.00
NOTE:The reclamation bond cannot exceed$1 million per GS 74.54
Revised September 21,2021 Page 114

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
SCHEDULE OF RECLAMATION COSTS
Based upon range of$500-$5,000 per affected acre
COMMODITY CODES:
SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale
GS Gemstone FS Feldspar OL Olivine PE Peat
Borrow Borrow/fill dirt MI Mica KY Kyanite/Sillimanite/Andalusite AU Gold
CS Crushed Stone LI Lithium PH Phosphate TI Titanium
OT Other
TYPE TIS PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION
SG,GS,Borrow $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L)
1500(FI) 2000(PD)
CS,DS,FS,MI,LI, 500(L) 500(L)
PF,OL,KY 1800 2000 2000
1500(FI) 2500(PD)
1000(L) 2000(L)
PH 2500 5000 5000
2500(FI) 5000(PD)
1000(L) 2544 5000 5000 2004(L)
CL 2500(FI) 3700(PD)
1044(L) 2004(L)
PE,AU,TI,OT 2500(FI) 2500 3000 3500 5004(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 513.0003,IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION
WORKSHEET,YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD-PARTY CONTRACTOR.
SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program,1612 Mail
Service Center,Raleigh,North Carolina 27699.1612
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 Page 115

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
F.NOTIFICATION OF ADJOINING LANDOWNERS
The"Notice"form,or a facsimile thereof,attached to this application must be sent certified or registered mail,return receipt
requested,to:
(1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as
indicated on the mine map(s);
(2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an
adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of
tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on
the mine map(s);and
(3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary
which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track,
or utility or other public right-of-way.If an adjoining tract is owned or leased by the applicant or is owned by the lessor
of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the
mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less
and is not designated as an Interstate Highway.
The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director,
Division of Energy,Mineral,and Land Resources.
A copy of a tax map(or other alternative acceptable to the Department)must be mailed with the completed"Notice"form(the
proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said
boundaries must be clearly denoted on the tax map).
The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the Department,with the
remainder of the completed application form before the application will be considered complete.
NOTES:
THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS
OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(b1).
SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION"
Revised September 21,2021 Page 116

NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center
PERMIT APPLICATION Department of Environmental Quality Raleigh,NC 27699-1612
Division of Energy,Mineral,and Land Resources [phone]
NOTICE
Pursuant to provisions G.S.74-50(b1)of The Mining Act of 1971,Notice is hereby given that
Sawyer River Sands, LLC has applied on 12-20-2023 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
Fla modification of an existing surface mining permit to add land to the permitted area with no disturbance in
the area proposed. Please note that future modification(s)may be submitted by the applicant to allow
disturbance within this area without re-notification of adjoining landowners.
The applicant proposes to mine Sand on 44.35 acres located 12.00
(Mineral,Ore) (Number) (Number)
miles NW of Shallotte offnearroad NC 130 - New Britton Hwy
(Direction) (Nearest town) (Number,Name)
in Brunswick County.
*SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER
NAMES AND LOCATIONS*
In accordance with G.S.74-50(b1),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all
owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or
leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are
within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or
municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address
within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department
determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day
comment period specified above.
A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as
well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the
applicant at the following telephone number:910-287-3234
For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that
the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the
application review process until a final decision is made on the application.
See Attached Sawyer Rivers Sand LLC/Julia Tripp
Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable
12/20/2023 330 Military Cutoff Road,Ste A-2.Wilmington,NC 28405
Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant
Revised September 21,2021 Page 117

List of Adjacent Landowners and Addresses
Babson Sand Mines
NT#22080
Parcel Owner
10200001 BABSON KENNETH R (LT) /* BABSON DWIGHT R
1) 10200005 5233 WHITEVILLE RD NW
102000010 ASH, NC 28420-3717
KING SYLVIA (LT)/* INMAN RHONDA GAYLE
2) 11600001 4976 WHITEVILLE RD NW
ASH, NC 28420-3724
MCPHERSON JENETTE
3) 10200006 6363 PINE HAVEN LANE NW
ASH, NC 28420
BABSON LOUDELLA SIMMONS (LT)/* PISCITELLE RENTALS LLC
4) 10200008 2468 COTTONFIELD PL
ASH, NC 28420-3392
SMITH LEON CULBERT
5) 10200009 5185 WHITEVILLE RD NW
ASH, NC 28420
THREE CORP
6) 10200011 1752 SHALLOTTE INLET DR
1020001103 SHALLOTTE, NC 28470
MILWEB LLC
7) 10200004 PO BOX 2327
SHALLOTTE, NC 28459-2327
MYLES ESTHER B
8) 10200083 107 INLET POINT DR
WI LM I NGTON, NC 28409-5009
Columbus Count
007509 WBM 4, LLC /Thomas W. Mintz
9) 007510 6048 Kingtown Rd.
Ash NC 28420

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 [phone]
—�-- AFFIDAVIT OF NOTIFICATION
Su 1: 6 an applicant,or an agent,or employee of an applicant,for a
new Mining Permit,or a modiII ' n of an existing Mining Permit to add land to the permitted area,from the N.C.Department of
Environmental Quality,being first duly swom,do hereby attest that the following are all known owners of record,both public and
private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased
by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within
1,000 feel 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
SEEATTACHED
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:
Steve Stone County Manager 30 Government Center Drive, David R. Sandifer Bldg.,
Third Floor,Bolivia, NC 28422
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 awned 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 feel 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
show' that the above notices were caused to be mailed and to provide them to the Department upon request.
C . * J12&
Siq ature of Applicant or A en Dater
If person executing Affidavit is an agent or employee of an applicant,provide the following information:
Name of Applicant tSµ a.-` •• Tr•
Title of person executing Affidavit KLtfal�r"Ad.4
t
I, CYMt! % a Notary Public of the County
State of North Carolina,do hereby certify that • appe�SpC bakere,{�e this
day and under oath acknowledged that th�µAffidavit was made by him/her. r*,�•'0 C�.S(�"^•,,s'
Witness y hand and notarial seal,this day oflfctmb yt 20� s i
h s ��
Notary �S•���� QQTA/p My commission expires: , - ,'�.3
Revised September 21, 2021 �y �'• •P aA!'e��`

fi r. i1- 1447
Erc sU jmwt-*Q Wi4

List of Adjacent Landowners and Addresses
Babson Sand Mines
NT# 22080
Parcel Owner
10200001 BABSON KENNETH R (LT) /* BABSON DWIGHT R
1) 10200005 5233 WHITEVILLE RD NW
102000010 ASH, NC 28420-3717
KING SYLVIA (LT) /* INMAN RHONDA GAYLE
2) 11600001 4976 WHITEVILLE RD NW
ASH, NC 28420-3724
MCPHERSON JENETTE
3) 10200006 6363 PINE HAVEN LANE NW
ASH, NC 28420
BABSON LOUDELLA SIMMONS (LT)/* PISCITELLE RENTALS LLC
4) 10200008 2468 COTTONFIELD PL
ASH, NC 28420-3392
SMITH LEON CULBERT
5) 10200009 5185 WHITEVILLE RD NW
ASH, NC 28420
THREE CORP
6) 10200011 1752 SHALLOTTE INLET DR
1020001103 SHALLOTTE, NC 28470
MILWEB LLC
7) 10200004 PO BOX 2327
SHALLOTTE, NC 28459-2327
MYLES ESTHER B
8) 10200083 107 INLET POINT DR
WI LM I NGTON, NC 28409-5009
Columbus Count
007509 WBM 4, LLC /Thomas W. Mintz
9) 007510 6048 Kingtown Rd.
Ash NC 28420

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 [phone]
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 1 / ) � O � Signature*
Print Name \LDwJig t R. Babson Print Name JUi18 Tripp r�
Title(if applicable) Owner Title Authorized Signatory
Company(if applicable) NSA Company Sawyer Rivers Sand LLC
Address 5233 Whiteville Rd.NW. Mine Name Babson Sand Mines
Ash, NC 28420 Telephone [phone]
Telephone [phone] Date Signed
Date Signed
*Signature must be the same as the individual who signed Page 1 of this application.
One original and five(5)copies of the completed application six(6)copies of all location maps mine maps and
reclamation maps and the appropriate processing fee in the form a check or money order payable to the North Carolina
Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover
of this application form.
Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220.
Revised September 21, 2021 P a g e 119

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00588 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant: Noah Dean
SEGI
Address: 5315 South College Road,Suite E
Wilmington,NC 28412
Telephone Number: [phone]
Email Address: Ndean(asegi.us
Size(acres) 41.8 Nearest Town Ash,NC
Nearest Waterway Waccamaw River River Basin Lower Pee Dee
USGS HUC 03040206 Coordinates Latitude:34.09158 Longitude:-78.55376
Location description: This 41.8-acre site is located on Pine Haven Lane NW in Ash.Brunswick County.NC(Parcel ID:
10200005
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters,includine wetlands,on the above described property, that may be subject to Section 404 of the
Clean Water Act(CWA)(33 USC 6 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC 4 403). The
waters,including wetlands,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 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 Reeulatory
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.
_ There appear to be waters, including wetlands, on the above described property, 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(RHA)(33 USC§403). The
waters, including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination maybe 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 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 CFR Part
331). However,you may request an approved 1D,which is an appealable action,by contacting the Corps district for further
instruction.
There appear to be waters,including wetlands, on the above described property, 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(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/RHA jurisdiction over all 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., including wetlands, 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 1 of 2

SAW-2023-00588
B. Approved Determination
_ There are Navigable Waters of the 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 property subject to the permit requirements of 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.
We recommend you have the waters of the U.S.,including wetlands, 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.
_ The waters of the U.S.,including wetlands, on your property 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
your property which,unless there is a change in law or our published regulations,may be relied upon for a period not to exceed
five years from the date of this notification.
_ 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 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 property which are subject to the permit
requirements of Section 404 of the Clean Water Act(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.
X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 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).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Gary Beecher at(910)251-4694 or
Gary.H.BeecherO,usace.army.mil.
C. Basis For Determination: N/A.An Approved JD has not been completed.
D. Remarks: A site visit was conducted by Gary Beecher(USACE)and Noah Dean(SEGI)on November 8,2023.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request.This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985,as amended.If you or your tenant are USDA program participants,or anticipate participation in USDA programs,you should
discuss the applicability of a certified wetland determination with the local USDA service center,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:

SAW-2023-00588
US Army Corps of Engineers
South Atlantic Division
Attn: Mr.Philip A.Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW,FloorM9
Atlanta,Georgia 30303-8803
AND
PHI LIP.A.SHANNIN(IUSACE.ARMY.MIL
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 N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed by Gary H.
Gary H. BeecherBeecher
Corps Regulatory Official: Date:2023.11.13 09:52:56-05'00'
Date of JD: November 13,2023 Expiration Date: PJD Does not expire
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
https://regulatory.ops.usace.army.mil/customer-service-survey .
Copy Furnished via email to:
Owner:
Kenneth&Dwight Babson
5233 Whiteville Road NW
Ash,NC 28420-3717
[phone]
Julia(a)trippconstruction.com

SAW-2023-00588
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Noah Dean SEGI File Number: SAW-2023-00588 Date: Nov 13,2023
Attached is: See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL WITHOUT PREJUDICE C
PERMIT DENIAL WITH PREJUDICE D
APPROVED JURISDICTIONAL DETERMINATION E
X PRELIMINARY JURISDICTIONAL DETERMINATION F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at httos://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-
and-Permits/a eals/or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district
engineer for final authorization. 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 terms 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. 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) not 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 return it to the district
engineer for final authorization. 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.
• 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 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.
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local authorization
and/or certification has been denied for activities which also require a Department of the Army permit before
final action has been taken on the Army permit application. The permit denial without prejudice is not
appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit
application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a
previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.

SAW-2023-00588
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide
new information for reconsideration
• 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.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that justifies
reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You
may submit a request for appeal to the division engineer to preserve your appeal rights while the district is
determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision you If you have questions regarding the appeal process, or
may contact: to submit your request for appeal, you may contact:
District Engineer, Philip Shannin
Wilmington Regulatory Division, Regulatory Appeals Review Officer
Attn: Gary Beecher South Atlantic Division
69 Darlington Avenue 60 Forsyth St SW, Floor M9
Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8803
Philip.A.ShanninUftsace.army.mil
404-562-5136
SECTION II— REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

SAW-2023-00588
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. 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.
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 be provided a 15-day notice of any site investigation and will have the opportunity to participate in all
site investigations.
Date:
Signature of appellant or agent.
Email address of appellant and/or agent: Telephone number:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/13/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Noah Dean(SEGI)for Dwight Babson,5233
Whiteville Road,Ash,NC 28420-3717
C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington District, Babson Mine,SAW-2023-00588
D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION:Pine Haven Lane NW
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State:NC County:Brunswick City:Ash
Center coordinates of site (lat/long in degree decimal format):Latitude:34.090999 Longitude:78.553392
Universal Transverse Mercator:
Name of nearest waterbody:Waccamaw River
E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s):November 8,2023 with Noah Dean(SEGI)
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of Type of aquatic Geographic authority to
aquatic resources in which the aquatic resource
Site Number Latitude(decimal Longitude(decimal review area(acreage resources(i.e., "may be"subject(i.e.,
degrees) degrees) and linear feet,if wetland vs.non- Section 404 or Section
wetland waters)
applicable 10/404)
PNWWUS 34.089885 78.554390 419 LF Non-wetland Section 404
water
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the

various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN), or
requests verification for a non-reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3)the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD
or a PJD,the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD(check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Field Sketch
Map: Field Sketch

®Data sheets prepared/submitted by or on behalf of the PJD requester.
®Office concurs with data sheets/delineation report.
❑Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters'study:
❑U.S. Geological Survey Hydrologic Atlas:
❑USGS NHD data.
❑USGS 8 and 12 digit HUC maps.
®U.S.Geological Survey map(s).Cite scale&quad name: 1:241c Ash
®Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Brunswick County
❑National wetlands inventory map(s). Cite name:
❑State/local wetland inventory map(s):
❑FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
®Photographs: ®Aerial (Name & Date): 2020 NC CGIA Othoimaeery
or❑Other(Name&Date):
❑ Previous determination(s). File no. and date of response letter:
®Other information(please specify):November 8, 2023 Site visit&Lidar Maps
IMPORTANT NOTE:The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date:2023.11.13 09:53:34-05'00'
Signature and date of Regulatory
staff member completing PJD Signature and date of person requesting PJD
11/13/2023 (REQUIRED, unless obtaining the signature is
impracticable)1
Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

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