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89-10_1_Redacted
z D EQ2 ,c 7:A M NORTH CAROLINA Department of Environmental Quality ROY COOPER cn,er, ,r Kra MICHAEL S. REGAN enmary Energy.Minetal& TRACY DAVIS Land Resources onecmr ENVIRONMENTAL.ol December 1, 2017 W Alton Ainsley W Alton Ainsley 2475 New Lands Road Columbia, NC 27925 RE'. Mining Permit No. 89-10 W Alton Ainsley Mine Tyrrell County Dear W Alton Ainsley: This letter is to advise you of recent amendments to the North Carolina Mining Act of 1971 which impact the permit term of your existing mining permit. Pursuant to the passage of House Bill 56, which became law on October 4, 2017 as SL 2017-209, all existing mining permits and any newly issued mining permits are to be issued for the life of site or for the duration of the lease term. The "life of site' means the period from the initial receipt of a permit for the operation until the mining operation terminates and the required reclamation is completed. Considering the above, this letter hereby modifies your existing mining permit to remove all references to the prior expiration date to convert your permit to a life of site or lease permit effective immediately. No action is required on your part for this modification 4o be effective. Please attach this letter to your existing mining permit for future reference. The mine name and permit number on the permit document, and all existing operating and reclamation conditions contained therein, shall remain in full force and effect. Furthermore, all provisions of GS §74-51 and GS §74-52 still apply to all new, transferred and modified mining permits. In addition to the life of site or lease mining permit provision, SL 2017-209 also enacted a new annual mining permit operating fee of$400 per mining permit number. By statute, the initial payment of this annual $400 fee must be submitted to this office by December 31, 2017—see the attached Invoice to remit the initial annual fee payment by this deadline. Beginning in 2018, the $400 annual operating fee must be submitted by July 1 of each year with the required Annual Reclamation Report as required by GS §74-55. Failure to submit the fee by the required deadline will result in a $50/month late fee and could result in the denial of future permit actions and/or revocation of your mining permit. Lastly, pursuant to GS §74-54, the cap on reclamation bonds has been raised from $500,000 to $1 million. Any adjustments needed in existing bonds will be initiated by this office or addressed during your next requested permit action unless you contact this office with a written request to have your bond reevaluated. The issuance of a mining permit and/or any modification to it does not supersede local zoning regulations. The responsibility of compliance with any applicable zoning regulations remains with you. Thank you for your cooperation in this matter. If you have any questions on the above, please contact Ms, Judy Wenner, Assistant State Mining Specialist, or me at(919) 707-9220. Sincerely, William "Toby' Vinson, Jr., PE, CPM Interim Director, DEMLR Slate eI North CAmIL,a I El El I Viral QarI I Enl Mlnval and Land Resmneea 312a Salisbury Street I INo Mail Semite tenter I Rtlelgh Ai firotina 2h99 lot e197W9300 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman,Secretary September 12, 2011 Mr. W. Alton Ainsley 2475 New Lands Road Columbia, North Carolina 27925 Re: V11. Alton Ainsley Mine Tyrrell County Pasquotank River Basin Dear Mr. Ainsley: The application for a mining permit for the above referenced mine site has been found to meet the requirements of G.S. 74-51 of The Mining Act of 1971. As we have received the required security to cover this application, I am enclosing the mining permit. The conditions of Mining Permit No. 89-10 were based primarily upon information supplied in the application with conditions added as necessary to insure compliance with The Mining Act of 1971. This permit expires on September 12, 2021. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. As a reminder, your permitted acreage and affected acreage for this site are both 10 acres, as indicated in the application and on the mine map last revised May 26, 2011. Please review the permit and contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 of any objection or questions concerning the terms of the permit. Sincerely, OVV8� S C�5'vy( Janet S. Boyer, PE State Mining Specialist Land Quality Section JSB/jw Enclosures CC" Mr. Pat McClain, PE Ms. Shannon Deaton -WRC, w/permit Mr. William Gerringer-DOL, Mine and Quarry Bureau, w/o enclosures US Fish and Wildlife Service, w/ permit 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet;http:Nwww.dlr.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity!Affirmative Action Employer—50%Recycled 110%Post Consumer Paper DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to: William Alton Ainsley W. Alton Ainsley Mine Tyrrell County - Permit No. 89-10 for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: September 12 2021 Page 2 in accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S. 74-49. Expiration Date This permit shall be effective from the date of its issuance until September 12, 2021. Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et, seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A, Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, check dams, sediment retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into existing pond. C_ No dewatering activities shall occur at this site. D. Mining activities, including the installation and maintenance of all associated erosion and sediment control measures shall occur as indicated on the mine map last revised May 26, 2011 and the supplemental information received by the Land Quality Section on April 29, 2011. 5. All mine permit boundaries (10.0 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions. 8. Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffer shall be maintained as indicated on the mine map last revised May 26, 2011, 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4. v-belts 5. steel reinforced air hoses 6. drill steel D. if mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources rigor to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed; Page 5 3. verification that a minimum of 4 feet of cover will be provided over the refuse; 4. verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S_ 74-54 in the form of a $10,300.00 Assignment of Savings Account, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided By G.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4. No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A. The lake area shall be excavated to maintain a minimum water depth of four feet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C, Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 lbslacre or follow recommendations from a soil test. Fertilizer - 1000 lbslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 lbslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass, Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment Under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining. Permit issued this 12th day of September, 2011. By: -%a0 `1James D. Simons, Director —` Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources NOTICE OF ISSUANCE OF MINING PERMIT You have previously expressed an interest and/or are listed as an adjoining landowner in the application for a mining permit filed by William Alton Ainsley to conduct mining activities off SR 1105 (Newlands Road) in Tyrell County. The mining permit (no, 89-10) was issued on September 12, 2011. North Carolina law allows persons aggrieved by the issuance of a mining permit to contest the decision by filing a petition for a contested case in the Office of Administrative Hearings pursuant to N.C.G.S. 150E-23 of the Administrative Procedure Act (APA). If you believe that you are an aggrieved party within the meaning of the APA, a petition for a contested case must be filed in the Office of Administrative Hearings within_sixty .(60) days of the retailing of this notice to you. If you file a contested case petition, it must be in writing and in the form prescribed by N.C. General Statutes 150E-23. File the original petition and one copy with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Any questions about filing a petition may be directed to the Clerk of the Office of Administrative Hearings by telephoning (919) 431-3000. You must serve the Department of Environment and Natural Resources by mailing a copy of the petition to Ms. Mary Penny Thompson, Registered Agent and General Counsel, Department of Environment and Natural Resources, 1601 Mail Service Center, Raleigh, NC 27699-1601. James D. Simons Director Division of Land Resources North Carolina Department of Environment and Natural Resources This notice was mailed on f 3//f . 1 Brenda Harris Mining Program Secretary ml�es�o,wm�l �� rnln�a�r�i =F m,�;¢„gym rrq,l led "PAT do _�.._ m..... y _ _�. eer 105 1-de I IT 01 I "TALIAL 0 deledIddedIddAll y�Are jI � v� � ._ � L � � _ f r � wa a.v. B \1 III TM, 4We. b I S f �� �� .w" Ad. \, �� �� ITT, �aLv R� a t V �s r` � a 4 .v .v.. :• I WlbrNN.3�V�V AW ^d - y1 ��� W9°ME nh\�F .� .. _. 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I It �' ., J F >. r r. jr .fr a #i a Z #� r tar k C I • y r # d # # f r f A f \ x } Fie \ \ g .,, � A o lit !�� I ' ' � � < lid � k� ; I i { i } : I I a „ L �. 00 e Id � �'. , � � J m KID IF m a o I r d m � 'II��roes .... . . . _ m v NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary August 16, 2011 Mr. W. Alton Ainsley 2475 New Lands Road Columbia, North Carolina 27925 Re: W. Alton Ainsley Mine (Draft Permit) Tyrrell County Pasquotank River Basin Dear Mr, Ainsley: Your application for a mining permit for the above referenced mine site has been reviewed but not yet approved. Enclosed is a draft of the mining permit proposed by the Department. The conditions in the draft permit were based primarily upon information supplied in your application. Other necessary conditions may have been added to ensure compliance with The Mining Act of 1971. The reclamation bond has been calculated for this site using the information submitted in the application (see enclosed worksheet). The bond amount for this site is $10,300.00.00. The bond is required before the permit can be issued. For your convenience, I have enclosed a bond form, an assignment of a savings account form and an irrevocable standby letter of credit form. The name on the security form must be the same as the name appearing on the enclosed draft permit, i.e., W. Alton Ainsley. In addition to one of these alternatives you may, Upon request, substitute a cash deposit. Please review the enclosed draft permit and the reclamation bond worksheet, and contact this office should you have any objections or questions concerning the permit conditions. G.S. 74-51 provides that the operator has sixty (60) days following the mailing of a notice of the required bond in which to file the required surety. The permit cannot be issued until the required security has been received. No mining may be conducted until the permit is issued. G.S. 74-65 states that the issuance of a mining permit does not supersede or otherwise affect or prevent the enforcement of any zoning regulation or ordinance duly adopted by an incorporated city or county or by any agency or department of the State of North Carolina. 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX: 919-733-2876 512 North Salisbury Street, Raleigh,North Carolina, 27604- lniernet:http://www.dlr,enr.state.nc.us/pages/landqualitysection.htmi An Equal Opportunity/Affirmative Action Employer—50%Recycled 110%Post Consumer Paper I Mr. Ainsley Page Two Please contact Ms. Judy Wehner, Assistant State Mining Specialist, at (919) 733-4574 if you have any questions. Sincerely, Francis M. Nevils, Jr., PE Section Chief FMN/jw Enclosures CC" Mr, Pat McClain, PE File DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LAND QUALITY SECTION PERMIT for the operation of a mining activity In accordance with the provisions of G.S. 74-46 through 68, "The Mining Act of 1971 ," Mining Permit Rule 15A NCAC 5 B, and other applicable laws, rules and regulations Permission is hereby granted to- W. Alton Ainsley W. Alton Ainsley Mine Tyrrell County - Permit No. for the operation of a Sand Mine which shall provide that the usefulness, productivity and scenic values of all lands and waters affected by this mining operation will receive the greatest practical degree of protection and restoration. MINING PERMIT EXPIRATION DATE: *, 2021 Page 2 In accordance with the application for this mining permit, which is hereby approved by the Department of Environment and Natural Resources, hereinafter referred to as the Department, and in conformity with the approved Reclamation Plan attached to and incorporated as part of this permit, provisions must be made for the protection of the surrounding environment and for reclamation of the land and water affected by the permitted mining operation. This permit is expressly conditioned upon compliance with all the requirements of the approved Reclamation Plan. However, completed performance of the approved Reclamation Plan is a separable obligation, secured by the bond or other security on file with the Department, and may survive the expiration, revocation or suspension of this permit. This permit is not transferable by the permittee with the following exception: If another operator succeeds to the interest of the permittee in the permitted mining operation, by virtue of a sale, lease, assignment or otherwise, the Department may release the permittee from the duties imposed upon him by the conditions of his permit and by the Mining Act with reference to the permitted operation, and transfer the permit to the successor operator, provided that both operators have complied with the requirements of the Mining Act and that the successor operator agrees to assume the duties of the permittee with reference to reclamation of the affected land and posts a suitable bond or other security. In the event that the Department determines that the permittee or permittee's successor is not complying with the Reclamation Plan or other terms and conditions of this permit, or is failing to achieve the purposes and requirements of the Mining Act, the Department may give the operator written notice of its intent to modify, revoke or suspend the permit, or its intent to modify the Reclamation Plan as incorporated in the permit. The operator shall have right to a hearing at a designated time and place on any proposed modification, revocation or suspension by the Department. Alternatively and in addition to the above, the Department may institute other enforcement procedures authorized by law. Definitions Wherever used or referred to in this permit, unless the context clearly indicates otherwise, terms shall have the same meaning as supplied by the Mining Act, N.C.G.S, 74-49. Expiration Date This permit shall be effective from the date of its issuance until *, 2021 . Conditions This permit shall be subject to the provisions of the Mining Act, N.C.G.S. 74-46, et. seq., and to the following conditions and limitations: OPERATING CONDITIONS: 1. A. Any wastewater processing or mine dewatering shall be in accordance with the permitting requirements and rules promulgated by the N.C. Environmental Management Commission. Page 3 B. Any stormwater runoff from the affected areas at the site shall be in accordance with any applicable permit requirements and regulations promulgated by the Environmental Protection Agency and enforced by the N.C. Environmental Management Commission. It shall be the permittee's responsibility to contact the Division of Water Quality to secure any necessary stormwater permits or other approval documents. 2. A. Any mining process producing air contamination emissions shall be subject to the permitting requirements and rules promulgated by the N.C. Environmental Management Commission and enforced by the Division of Air Quality. B. During mining operations, water trucks or other means that may be necessary shall be utilized to prevent dust from leaving the permitted area. 3. A. Sufficient buffer shall be maintained between any affected land and any adjoining waterway or wetland to prevent sedimentation of that waterway or wetland from erosion of the affected land and to preserve the integrity of the natural watercourse or wetland. B. Any mining activity affecting waters of the State, waters of the U. S., or wetlands shall be in accordance with the requirements and regulations promulgated and enforced by the N. C. Environmental Management Commission. 4. A. Adequate mechanical barriers including but not limited to diversions, earthen dikes, silt check dams, silt retarding structures, rip rap pits, or ditches shall be provided in the initial stages of any land disturbance and maintained to prevent sediment from discharging onto adjacent surface areas or into any lake, wetland or natural watercourse in proximity to the affected land. B. All drainage from the affected area around the mine excavation shall be diverted internal to said excavation or into existing pond. C. No dewatering activities shall occur at this site. D. Mining activities, including the installation and maintenance of all associated erosion and sediment control measures shall occur as indicated on the mine map last revised May 26, 2011 and the supplemental information received by the Land Quality Section on April 29, 2011. 5. All mine permit boundaries (10.0 acres) shall be permanently marked at the site on 100-foot intervals unless the line of sight allows for larger spacing intervals. 6. The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control measure, structure, or device. In any event, exposed slopes or any excavated channels, the erosion of which may cause off-site damage because of siltation, shall be planted or otherwise provided with ground cover, devices or structures sufficient to restrain such erosion. Page 4 7. The affected land shall be graded so as to prevent collection of pools of water that are, or likely to become, noxious or foul. Necessary structures such as drainage ditches or conduits shall be constructed or installed when required to prevent such conditions_ & Existing vegetation or vegetated earthen berms shall be maintained between the mine and public thoroughfares whenever practical to screen the operation from the public. 9. A. Sufficient buffer shall be maintained between any excavation and any mining permit boundary to protect adjacent property. B. Buffer shall be maintained as indicated on the mine map last revised May 26, 2011, 10. A. No on-site disposal of refuse or other solid waste that is generated outside of the mining permit area shall be allowed within the boundaries of the mining permit area unless authorization to conduct said disposal has first been obtained from both the Division of Waste Management and the Land Quality Section, Department of Environment and Natural Resources. The method of disposal shall be consistent with the approved reclamation plan. B. Mining refuse as defined by G.S. 74-49 (14) of The Mining Act of 1971 generated on-site and directly associated with the mining activity may be disposed of in a designated refuse area. All other waste products must be disposed of in a disposal facility approved by the Division of Waste Management. No petroleum products, acids, solvents or their storage containers or any other material that may be considered hazardous shall be disposed of within the permitted area. C. For the purposes of this permit, the Division of Land Resources considers the following materials to be "mining refuse" (in addition to those specifically listed under G.S. 74-49 (14) of the N.C. Mining Act of 1971): 1. on-site generated land clearing debris 2. conveyor belts 3. wire cables 4, v-belts 5. steel reinforced air hoses 6. drill steel D. If mining refuse is to be permanently disposed within the mining permit boundary, the following information must be provided to and approved by the Division of Land Resources prior to commencement of such disposal: 1. the approximate boundaries and size of the refuse disposal area; 2. a list of refuse items to be disposed;. Page 5 3. verification that a minimum of 4 feet of cover will be provided over the refuse, 4, verification that the refuse will be disposed at least 4 feet above the seasonally high water table; and, 5. verification that a permanent vegetative groundcover will be established. 11. An Annual Reclamation Report shall be submitted on a form supplied by the Department by February 1 of each year until reclamation is completed and approved. 12. The operator shall notify the Department in writing of the desire to delete, modify or otherwise change any part of the mining, reclamation, or erosion/sediment control plan contained in the approved application for a mining permit or any approved revision to it. Approval to implement such changes must be obtained from the Department prior to on-site implementation of the revisions. 13. The security, which was posted pursuant to N.C.G.S. 74-54 in the form of a $*.00 bond, is sufficient to cover the operation as indicated in the approved application. This security must remain in force for this permit to be valid. The total affected land shall not exceed the bonded acreage. 14. A. Authorized representatives of the Division of Archives and History shall be granted access to the site to determine the presence of significant archaeological resources. B. Pursuant to N. C. G. S. 70 Article 3, "The Unmarked Human Burial and Human Skeletal Remains Protection Act," should the operator or any person in his employ encounter human skeletal remains, immediate notification shall be provided to the county medical examiner and the chief archaeologist, North Carolina Division of Archives and History. Page 6 APPROVED RECLAMATION PLAN The Mining Permit incorporates this Reclamation Plan, the performance of which is a condition on the continuing validity of that Mining Permit. Additionally, the Reclamation Plan is a separable obligation of the permittee, which continues beyond the terms of the Mining Permit. The approved plan provides: Minimum Standards As Provided ByG.S. 74-53 1. The final slopes in all excavations in soil, sand, gravel and other unconsolidated materials shall be at such an angle as to minimize the possibility of slides and be consistent with the future use of the land. 2. Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. 3. All overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land. 4, No small pools of water shall be allowed to collect or remain on the mined area that are, or are likely to become noxious, odious or foul. 5. The revegetation plan shall conform to accepted and recommended agronomic and reforestation practices as established by the North Carolina Agricultural Experiment Station and the North Carolina Forest Service. 6. Permittee shall conduct reclamation activities pursuant to the Reclamation Plan herein incorporated. These activities shall be conducted according to the time schedule included in the plan, which shall to the extent feasible provide reclamation simultaneous with mining operations and in any event, provide reclamation at the earliest practicable time after completion or termination of mining on any segment of the permit area and shall be completed within two years after completion or termination of mining. RECLAMATION CONDITIONS: 1. Provided further, and subject to the Reclamation schedule, the planned reclamation shall be to restore the mine excavation to a lake area and to grade and revegetate the adjacent disturbed areas. 2. The specifications for surface gradient restoration to a surface suitable for the planned future use are as follows: A, The lake area shall be excavated to maintain a minimum water depth of four fleet measured from the low water table elevation. Page 7 B. The side slopes to the lake excavation shall be graded to a 3 horizontal to 1 vertical or flatter to the water line and 2 horizontal to 1 vertical or flatter below the water line. C. Any areas used for wastepiles, screening, stockpiling or other processing shall be leveled and smoothed. D. No contaminants shall be permanently disposed of at the mine site. On-site disposal of waste shall be in accordance with Operating Condition Nos. 10A through D. E. The affected land shall be graded to prevent the collection of noxious or foul water. 3. Revegetation Plan: After site preparation, all disturbed land areas shall be revegetated as per the following: Permanent Seeding Specifications Dates Species Rate, Lbs/Acre February 15- April 1 Kobe Lespedeza 10 Bahiagrass ' 50 Redtop 1 Winter rye (grain) 15 April 1- July 31 Common Bermuda 50 August 1- October Lespedeza (unscarified) 30 German millet 40 October 25- February 15 Rye (grain- temporary) 120 Soil Amendments Lime - 2000 Ibslacre or follow recommendations from a soil test. Fertilizer - 1000 Ibslacre 8-8-8 or 10-10-10, or follow recommendations from a soil test. Mulch - All seeded areas shall be mulched using small grain straw at a rate of 2000 Ibslacre and anchored appropriately. Whenever possible, disturbed areas should be vegetated with native warm season grasses such as switch grass. Indian grass, bluestem and gamma grass. Page 8 In addition, the permittee shall consult with a professional wildlife biologist with the N.C. Wildlife Resources Commission to enhance post-project wildlife habitat at the site. 4. Reclamation Plan: Reclamation shall be conducted simultaneously with mining to the extent feasible. In any event, reclamation shall be initiated as soon as feasible after completion or termination of mining of any mine segment under permit. Final reclamation, including revegetation, shall be completed within two years of completion or termination of mining, Permit issued this *th day of * 2011. By: James D. Simons, Director Division of Land Resources By Authority of the Secretary Of the Department of Environment and Natural Resources w 1116k ra sl"1 APPLICATION FOR A MINING PERMIT LL) 446-K P'ns)(w( (VIA E. DETERMINATION OF AFFECTED ACREAGE AND BOND Mier ) 06 "d) The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range 0l'$500 to $5,000 per affected acre) for each permitted mine site based upon the acreage approved by the partment to be affected during the ije of the min ingpermit. Please insert the anoroximrae acreage far each as ecto the minin operation, that you intend toa ect drrin the lien thisminin Permit in addhian lease insert the aopriate reclamation cost/acre for each category from the Schedule o Reclamatipn Casts 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: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE; COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ Processing Area/Haul Roads: 1.4 Ac. X $ boa /Ac. _ $ aEac) Mine lixcavalion: 7.2 Ac. X $ iriDDd a /Ac. _ $ _6,Qp±J or Other: 1.4 Ac. X $ fs3D0 /Ac. _ $ oo,) TOTAL AFFECTED AC.: 10.11 Ac. (TOTAL PERMITTED AC.: 10.0 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/orb)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� /D Ac. b) Positive Drainage I' Ac. X $1,500.00 = $ bJ SUBTOTAL COST: $ Inflation Factor: Jo 0.02 X SUB'f0"fAL COST: $ X Permit Life (Ito 10 years): /�) ao INFLATION COST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = S A) 3C,Ra` I Total Reclamation Bond Cost: $ f171Edownto (roun ]neaEremst $I(H).00) O • MINING CHECKLIST FOR ROUTING, AyyhrantY Name: II I,�II/IYn. FYi-1(1N {-I�(1SI(�,{ "ct Nm: 11/Vi II I ' Ayyhr.)P"tt No.: _ Ca nIy ! t AY0 I I Date RUdYaL QI A I I I Reelrma: Q ,.,, / Rlva Ngn Name: lYOn n IAAlhi I U V NM ❑ Rmrwal ❑ Mat ft (bbikym at 6a4afkt) ❑ Madlflratian (outsldcymntt bcundarks) ❑ Transfer ❑ Rekaa ❑ Partial Reka L Aaftontd l ormafton ❑ Fa Nt des: $ ❑ Fa R=tv[d: $ Pkar route enka ayyhtattan padape to: Roonal Of fie (2 f"L*WyW, Affah dw -iq nS nrgwiul offIcr Mfntng Apu<aten aeolne Chaku-iti om wyy Md aauh both the DWO W DAQ Mkind Apkdian Revim Farm'to thr atha Mo r%Rd tenth Wyla fa Ca R(6104 Ed�nftr) Dale: Raakd 11j I Q I b Red ❑ Dlvkkn of water Refafrai Date: Routed I I Reed ❑ NC w2ff RmTw Cmmtnlon Date: Rafted Red ❑ US FLA A w116ft Serra Dak: Rased Red (01�mw ayyLMtlmu arcf maNf WIM T quel fk4l add bad to l6rymNl) Pk&rook flnt 3 pqm of the appheatlan and airy kraRon "i to: ❑ Okkien of PA A Reatau n Dak: Routed Ra'd ❑ NC GMLVW survey Salton Date: Raatal Ra'd ❑ DlNoan of Maft Fkhafa Dak. RMW Reid ❑ DlvWa of Sad A Water CWMatlan OU LEA) Date: Rafted Ra'd (only mw ayyhw,m aad mapedim repel that nAd Lod to theyn o ❑ DIYIn of ArrkM A NIM7 Dak: Raukd Reed (o.ly nra yykdktl ) E 06w: Dak: Boated Ra'd •aSRspenSc Date for Comments: Al I I (no lour than zs days from na�f) ❑ Pkate fmk thr fouwT: ` p v I _ u � 09/08/2011 13:15 91971®01 NC DEW DLR • PACE e2 NORTH CAR DNATAREAN U2I RESOURCES RECEIVE® LAND QUALITY SECTION SEP 0 9 7011 APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) LAND QUALITY SECTION 1. Name of Mine lnJM�0+\ N\i'Q,la Plino County /Xrrell _ River Basin era 5 As U i IbA iu Latitude (decimal degrees to four places) Longitude (decimal degrees to four places) 2. Name of Applicant* Wi d isim Al to nl Q,rNs kV 3. Permanent address for receipt of official mail*" 2 Y7S Naw&nJi Rd Ce.�um die.+. All. Telephone (6152J '1 e - 74 (0 tp Alternate No. ( ) 4. Mine Office Address n(� Telephone ( ) 5. Mine Manager 11-�1�� 1 (��eAB�f_l� We herel1ryry certi{� thaf all details contained in this Permit Application are true aed wtrect to the best of our cation, go. We fully understand that any willful misrepresentation of facts will be cause for permit revocation, Date Prim Name Qillinm AL7oa ki Nslek Title f7 r< N E/7 * This will be the time that the mining permit will be issued to and the name that must be indicated on the reclamatiep bond (security)that corresponds to this site. ** The Land Quality Section must be notified of any changes in the permanent address or telephone number. **' Sienature of company officer required O.S. 74-51 provides that the Department shall grant or deny an apRlication for a permit within 60 days of receipt of a co application or, if a public bearing is held, u9thtn 30 days following the hearing and the filing of any supplemental information required by the Department. Ali questions most be addressed and all required maps provided before this application can be consldered complete Attach additional sheets as needed. TRANSMISSION VERIFICATION REPORT TIME 09/06/2011 13:16 NAME NC DENR DLR FAX 9197158801 TEL 9197333833 SER. # xxxxxxxx=xxx DATE DIME 09/08 13:15 FAX NO. /NAME 912527960766 DURATION 00: 01: 04 PAGE(S) 02 RESULT OK MODE STANDARD ECM WE North Carolina Department of Environment and Natural Resources Division of Land Resources - Land Quality Section Mining Program 1612 Mail Service Center, Raleigh, North Carolina 27699 (919) 733-4574 Fax: (919) 715-8801 FAX COVER SHEET FAX NUMBER TRANSMITTEHD TO: To: 5 (kNd A/� I� Or: 'CM4- 0AAd)M.&j From: 4L . _ - RE: Date: (� Q/� I I COMMENTS: Y1 ' nG hn 'IF YOU DO NOT RECEIVE ALL PACES,PLEASE TELEPHONE US IMMEDIATELY AT(919)7334574. t.� ls(i�rn A;Y,SIe APPLICATION FOR A MINING PF+IT •- N� s�a �he F. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowingg bond calculation worksheel is to be used to establish an appropriate bond(based upon arange of$500 to $S,000 per affected acre) (�or 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 affect ofthe mining overation. that you intendto affect durinr the life ofthis minim permit(in addition please insert the appropriate reclamation cost/acre for each cateeory from the Schedule of Reclamation Costs provided with this apolicalion form) OR You can defer to the Department to calculate your bond for You based upon tour maps and standard reclamation costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST Tailings/Sediment Ponds: Ac. X $ /Ac. _ $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles: Ac. X $ /Ac. _ $ e Processing Area/Haul Roads: 1.4 Ac. X $ f�iQS CIOil /Ac. _ $ 010o o Mine Excavation: 7.2 Ac. X $ '00°Z /Ac. _ $ �t70a Other: tAreX@yp p,4f, bjA 1.4 Ac. X $ IS0003 /Ae. _ $ d6ao1 TOTAL AFFECTED AC.: 10.0 Ac. (TOTAL PERMITTED AC.: 10.0 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/cxisting 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 /0. l7 Ac. b) Positive Drainage N C Ac. X $1,500.00 SUBTOTAL COST: S &gooe Inlladon Factor: 0.02 X SUBTOTAL COST: $ 13is(40 X Permit Life (I to 10 years): INFLATION COST: S /7a s TOTAL COST = SUBTOTAL COST+ INFLATION COST = $ �D �lPs do dV Total Reclamation Bond Cast: $ 0D (round down to the nearest $100.00) Wenner, Judy From: Novak, Gary Sent: Friday, July 15, 2011 1:18 PM To: Werner, Judy Cc: Ward, Allison; Mcclain, Pat Subject: Alnsley mine ADI response Attachments: Gary A Novak.vcf Judy, We do not have any further comments to add to the revised map submitted on 6/28/2011 _ ...__.._..-._....._..__.._._.__.__.__.____—..______ _ Gary A. flovak 11C Department of erw roruaent and D!a1n aJ Re... 21wro.unenze.l senior soadalei 2524 -6=91 ext. u%OWork gate ndvake^ncdenr go,, S b id ashin grtao neep re mallV,sldm 1prdnCArmGnac f.Bwirorntenc 8.. 2T3S E-mall carrespondence to and from this address may be subject to the North Carolina Public Peoples Law and may be disclosed to third parties t MINING CHECKLIST FOR ROUTING Vkad'j NM: ioAfftrA N no IF Li AI Prowl Node: IJMen 1A ii Ayylk./Perdat No.: _ Canty: 31 N a /f Date RaaVVd: _ 0,93 A RM[Na: \ }(1 L Wvn BRAN Name: PorVIW1 11� , NIW I ❑ Renewal ❑ MadfflfatWt (tMdeymnit boundartR) <<❑ Modfftwtfo (awh ymmft b Kxdartes) ❑ Tma r ❑ Rdeate ❑ Paton Release Adkonal B*emaum ❑ Fee Neded: $ ❑ Fee ReeetYed: $ Pleau route attm appheadan Fadape to: �1 I!r In, nr kr�... ReB1owl OgtU (x mnylae toyla; atluh the gas RAiOXaf oglce Mwn}g nyylf(aflon Revla chehll&to in myy and alfuh bath the DWQamt DAQ'M10106 ADyliralfon ReVkV Farm'fat the aher nyy; snd bath ropes to the ngmnal E"W) I Date: Rated /,I a w h Ra•d ❑ DWWan 4 Water RaanR Date: Rated / Reed NC Wtldtrfe Rtddrat CommtW M Date: Rated Reed ❑ uS Fish d Wddl� &Ma Datr. Rand Reed (only kw wiwdans axi mmhfteafton mFt$that add lard to the"f) Pltau rate(Int 3 pW 4 the gpkg tan and Rry WgU n maps to: ❑ Division 4 PA m RKI(Ftlan Date: Rated Ra'd ❑ NC Geological Survey SRtta Date: Rated Reed ❑ DtVWM of Mastro FBherla Date: Raw Reed ❑ DIASIR sod A water Conarwatfan Abu LEM Date: Rafed Ra'd (only aw arucatttou mot mmveatlod nydtata thrtt add land to therwO ❑ DtVWX of Arehma& Ntatary Dah: Rmtd Reed (only der Thcaons) ❑ Other: Date: Rated Ra'd ••Susyeasc Date for Cammentc: 17 I I d d I t, (w later thud a days from mayet) ❑ Pleas note the fdllmy: l DI d.f111a1R.,t�ahl (Nl IPA, , l)A. .QA (64 Ail ' NCDENR North Carolina Department of Environment and Natural Resources I Division of Land Resources j - Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist . Dee Freeman,Secretary May 26, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1126 3056 . Mr. W. Alton Ainsley riECEIVEC 2475 New Lands Road Columbia, North Carolina 27925 J 28 1011 RE: W. Alton Ainsley Mine fd7 I1AD QUALITY Tyrrell County NING.PROGRAM - Pasquotank River Basin Dear Mr. Ainsley: We have reviewed the application you submitted for the referenced mine site. However, the following information is needed to continue processing your application: e.MA;1t 1. Provide proof, such as signed copies of the return receipts from Certified mail that 6 /S— 11 the adjoining landowners and county manager have been properly notified.. d Aff 2. Provide erosion and sediment control measures along the northern and western �ddn6,esa,�f boundaries to prevent sediment from entering the ditch and canal. Provide a construction entrance for the haul road. w,+w 4.appP'r �.1v 3. Show the location of the typical sections structure on the mine map. Use the symbols provided on Sheet 2. Clarify the buffer along the northwestern boundary f t that parallels the canal and the map scale on the mine map (150' or 200' per inch). Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. . In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: 1612 Mail Service Center,Raleigh,Norm ComFiina 27699-1612 • Telephone 919733-4574/FAK 919433-2676 512 North Salisbury Street,Raleigh,Norm Carolina,27604•Internethtip,Ami.dlrmr.state.ncusipagesllandqualitysedon.html An Equal Opportunay I Affirmative Action Ealia 30%Reoyded 110%Post Consumer Paper • i i Certified Mail Mr. Ainsley Page Two Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A NCAC 5B.0013, you are hereby advised that you have 180 days j from the date of your receipt of this letter to submit all of the requested information. if you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. If an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, )u�dith A. Wehner Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE Mr. Billy Leggett, PLS —via e-mail Wehner, Judy From: BILLY LEGGETT[bdeggett@msn.com] Sent: Wednesday, June 15, 2011 1:03 PM To: Wenner, Judy Subject: RE: Ainskry Mine Attachments: AINSLEY MINE MAIL RECEIPTS.docx Attached are the mailing receipts, I will have Mr Novak review map revisions before sending. Billy Leggett From: Judy wehnerOncdencg_ov To: brleacettarnsn.com Date: Thu, 26 May 2011 10:07:35 -0400 Subject: Ainsley Mine Just need a few things. Call me with any questions. Judy wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 (919) 715-8801 fax ----------------------------------------- E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. t . wAo.mw 9 ' mie ommwm rem.ngw:ncbd m)MN' aaMd .y��:.I.��7�,'yn ' •0.NlwuruvnevKieei¢ro.vievrrrea �'.'-!�`/(/'Y� ��-' ��F$in�» eo lnn.ee,.r.nrmxrwmWu. k"R'P-'4C Y/4eL'Pw„'T- xmnmboemn m.a„ewwrrn�.W, �°� mmvbwmnemano+elb. -. ammw.vmTsme.mm..i.rr,r9 onr. I.))M�w Mnn//r}v}-er Y1E,Mrr�rWrW Ymxi 1[ea CMo V� /"bCOS•f1 LAk�N 474K 3Q9 �DIa(n.CJ/it N'C• r�J�aZ�. 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V wre.env� ow�.,.J: pB.J owrm n.tigarn«enrae. . , El YturtYAhll ❑c.oa 701G 3030 0703 �2310 0746 nuae. .ntes>y� rs Hm 0011;f¢.md Xl ro.=:ia Fmm uw .w.s.eJ wr Wenner, Judy From: Davis, Amin Sent Monday, June 06, 20114 13 PM To: Wenner, Judy Cc: Mcclain, Pat; howard_phillips@fws.gov Subject: RE: Mining Permit Application for W, Alton Ainsley Mine (Tyrrell County). Attachments: Memo to DLR LQ_WA Alton Ainsley Mine—WA Alton Ainsley Mine Permit App (Tyrrall).pdf JUDY—I've attached a letter in response to your inquiry concerning the above-referenced project. Regards, Amin Amin NO, FO JForrrlenldl Review .`rv,rtUk+ffim N( M N K Dvlson cf Parks & uecrcaiurn. Na?urzl Resources Program M5C 16;5 RJIe'lgh, NC 17699 16.5 Office 919 715.7584 CeAl: 919 239 39/1 http7/lwww.ncsparks.gov f-mm!tr rrpspnnllenrar to Cbd frnm rhls ar Tess may bM Suljjefl In the mot m CurnHnc Pwoc Aecard; t c.+rrcrd mnp be disiJomd:o thil d prlmi:, . Please consider the environment:before prinpna this a-mall 1 .aur.�r®rrr as.rr..rrs NCDENR North Carolina Department of Environment and Natural Resources Division of Parks and Recreation Beverly Eaves Perdtio, Governf;r Doe Frog rYian Secretary Lowis Ledford, DirKMr June 6, 2011 MEMORANDUM TO: Judy Wehner, Mining Program Secretary Division of Land Resources - Land Quality Section FROM: Amin Davis, Environmental Review Coordinator' Division of Parks and Recreation—Natural Resources Program SUBJECT: Mining Permit Application for W. Alton Ainsley Mine("Tyrrell County) The North Carolina Division of Parks and Recreation (DPR) has reviewed the project area of the above-referenced mining permit application request generally located at the coordinates 35.84645 latitude / -76.27766 longitude. Per the site information you sent to us via your cover letter dated May 2, 2011, we did not find locations of State Parks, Wild & Scenic Rivers, or other DPR managed lands or interests within the vicinity of this site. However, this site is located less than %z mile west of a Pocosin Lakes National Wildlife Refuge (PLNWR) a very large tract of natural land owned by the United States fish & Wildlife Service (USFWS). This same tract of land is also designated as a Significant Natural Heritage Area of national significance referred to as `Upper Alligator River Pocosin' by the NC Natural Heritage Program (NHP). Furthermore, Nationai Wetlands Inventory (NWI) and United States Geological Survey mapping indicates the presence of significant wetland areas surrounding the project area. DPR recommends further consultations with the USFWS, NI-1P, and the U.S. Army Corps of Engineers. DPR also recommends the implementation of environmental best management practices such as those found in the NC Wildlife Resources Commission's `Guidance Document to 4ddress and Miligale Secondary and Cumulative Impacts to Aquatic and Terrestrial Wildlife Resources and Water Quality' into all phases of this proposed project. DPR appreciates the opportunity to comment on this proposed project. Please contact me if' you require additional information. CC via email: Howard A. Phillips, PLNWR Manager Pat McClain, P.E., Division of Land Resources Regional Engineer 1615 Mail Service Center, Raleigh, No(th Caro#ina 27399.1615 , pl'lone: 919 ,33 4161 t FAX: 919 7 15-3085, Internet: www,ncoarks.gov Are Rjunl Oppoitur�[y i AEA rm itiv.3 Anion f_i npl wr-!) Rr.cydc d i TU°4 Fc-,A Wisumer Pgpwr z333Z Ni MAY 11 2011 North Carolina Department of Environment and Natural Res ur o Division of Marine Fisheries 17MF-HABITATPROTECTION Beverly Eaves Perdue Dr. Louis B. Daniel III Dee Freeman Governor Director MEMORANDUM MAY 2 0 2011 _. TO: Kevin Hart DMF•HA6NAf PROTECTION Habitat Alteration Permit Reviewer Division of Marine Fisheries, WaRD Men S is/20[ I FROM: Anne Dealon, Chief Habitat Protection Section Division of Marine Fisheries SUBJECT: Mining Permit Applicationtt-lt�e ._ APPLICANT: W. Alton AinsleyY a 1 CLJ W. Alton Ainsley Mine aA�� PROD. LOCATION: Tyrrell County UND QUALITY SECTION DUE DATE: 5/24/2011 Indicated below Is the Division of Marine Fisheries reply for the above referenced project. If you have any questions, please do not hesitate to contact me. r REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See Attached. This agency objects to the project for reasons described in the attached comments. SIGNED. DATE: S 1�2G11 3441 Arendell Street,P.O.Box 769,Morehead City,North Carolina 26557 DuC Poore:252-8W 80661 FAX:252-727-51271 Internet:w .nodrr i NorthCarolina M ECUN OppmLniry lNPomeNe h nErri Naturally 1 _ I• . MrSAMr �wr.o+wxw A7jA z1iWZP NCDENR MAY 0 9 2011 North Carolina Department of Environment and Natural Resources DMl-�lAt3ITAT�'F �7'1 ECTION Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 2, 2011 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Judy Wehner Assistant State YWhng Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine or marine fisheries (G.S. 74-51 (2)). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater, estuarine or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact me (919) 733- 4574 if you have any questions. Icc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604- Internet:http:llwww.dlr.enr.state,nc,uslpagesllandqualitysection.html An Equal Opportunity I Affirmative Action Employer—50%Recycled 110%Post Consumer Paper • Complete here&1,2,and V.Also complete A. Sig2drure Item 4 if Restricted Delivery is desired. ❑ 9act III Print your name and address on the reverse classes so that we can return the card to you. B. Recelved by(Ftlmed Kernel ate of Delivery • Attach'th is card to the back of the mailptece, q p_I or on the front P space permits. O�1 p. nH ¢em 7 ❑Yes 1. MIcle Atltlressedto: If YES,an or ❑ No MAY 3 Mr. W. Alton Ainsley 2475 New Lands Road - N Columbia, North Carolina 27925 arvke CeNfied Mail�ail Regi=m Retum RecelptarMerchandise ❑ Insured Mall C.O.D. 4. Restricted Delivery?(Enter F f ❑Yes 2. Merle Nutnher . 7008 11300 0000; 11251 3055 (RansM from seivke 4441. PS Form 3811.February,2004 Damon;Return Rewupt Y 10259sce-Ww UNITED STATEseftT'NAEwmst-i AW4 vartt �I «y 3PS • Sender: Please print your name, address, and ZIP+4 in this box • , I Division of Land Resources DENR- Land Quality Section j 1012 Mail Service Center Raleigh, NC 27699-1612 I I I I LJJI„�Lll„hLJ�L,�,JIJt�„i,IlnLlh6,hl„IJ,d ii 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 26, 2011 Certified Mail Return Receipt Requested 7008 1300 0000 1126 3056 Mr. W. Alton Ainsley 2475 New Lands Road Columbia, North Carolina 27925 RE: W. Alton Ainsley Mine Tyrrell County Pasquotank River Basin Dear Mr. Ainsley: We have reviewed the application you submitted for the referenced mine site. However, the following information is needed to continue processing your application: 1. Provide proof, such as signed copies of the return receipts from certified mail that the adjoining landowners and county manager have been properly notified. 2. Provide erosion and sediment control measures along the northern and western boundaries to prevent sediment from entering the ditch and canal. Provide a construction entrance for the haul road. 3. Show the location of the typical sections structure on the mine map. Use the symbols provided on Sheet 2. Clarify the buffer along the northwestern boundary that parallels the canal and the map scale on the mine map (150' or 200' per inch). Please be advised that our review cannot be completed until all of the items listed above have been fully addressed. In addition, please note the Land Quality Section may request additional information, not included in this letter, as the mining application review progresses. In order to complete the processing of your application, please forward two (2) copies of the requested information to my attention at the following address: 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604- Internet:http:llwww.dlr.enr.state.nc.us/pagesllandqualitysection.html An Equal Opportunity 1 Aftirmative Action Employer—50%Recycled/10%Post Consumer Paper - s Certified Mail Mr. Ainsley Page Two Land Quality Section Division of Land Resources Department of Environment and Natural Resources 1612 Mail Service Center Raleigh, NC 27699-1612 As required by 15A'NCAC 5B.0413, you are hereby advised that you have 180 days from the date of your receipt of this letter to submit all of the requested information. If you are unable to meet this deadline and wish to request additional time, you must submit information, in writing, to the Director clearly indicating why the deadline can not be met and request that an extension of time be granted. if an extension of time is not granted, a decision will be made to grant or deny the mining permit based upon the information currently in the Department's files at the end of the 180-day period. Though the preceding statement cites the maximum time limit for your response, we encourage you to provide the additional information requested by this letter as soon as possible. Your prompt response will help us to complete processing your application sooner. Please contact me at (919) 733-4574 if you have any questions. Sincerely, 4utith OAWe'h�neLr '— Assistant State Mining Specialist Land Quality Section cc: Mr. Pat McClain, PE Mr. Billy Leggett, PLS — via e-mail ARA NCDENR North Carolina Department of Environment and Natural Resources Division of Soil &Water Conservation Beverly Eaves Perdue Patricia K. Harris Dee Freeman Governor Director Secretary E9V�pMemorandum 2 5 20To: Brenda M. Harris, Mining Program Secretary LM:R LITY SECTION Division of land Resources } From: Natalie Woolard, Technical Services Section Chief Date: May 23, 2011 �J Subject: W. Alton Ainsley W Alton Ainsley Mine Tyrell County NC Division of Soil and Water Conservation has reviewed the W. Alton Ainsley Mine, in Tyrell County application for a new mining permit. The Conservation Reserve Enhancement Program (CREP) database does not reflect said property being enrolled in a conservation easement. Therefore NC CREP has no programmatic concerns with moving forward with this permit modification request. Please contact me should you have any questions or concerns at 252-948-3902. 1614 Mall Service Canter,Rkjgh,l Cardin 27599-1614 ne Phone:919-73323021 FAX:919-71535591 Intl w enslate.nc.uVDSWC WC Car a oliin M Enuel OOPoaenily I M tiVe MW Emgoya aA "Allli; ,.. .�. • A7i ?► 0 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D, Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 2, 2011 MEMORANDUM TO; Ms. Natalie Wollard Application Review Coordinator Division of Soil and Water Conservation FROM: Judy Wehner Assistant State fining Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any pubiically owned conservation easements (G.S. 74- 51 (5)). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publically owned 4 conservation easements would be greatly appreciated. if your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact me at (919) 733-4574 if you have any questions. cc: Mr. Pat McClain, PE ��` � � ��� � ��� 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 9Q A5741AR9-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604-Internet:http://www,dIr,enr.state.nc.us/pagestlandqualitysection.html An Equal Opportunity 1 Affirmative Action Employer-50%Recycled/10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources LanddayT� 1t1 n James D. Simons, PG, PE Beverly Eaves Perdue,Governor Director and State Geologist Dee Freeman, Secretary MEMORANDUM TO: Mr. Brad Cole Application Review Coordinator U.S. Fish and Wildlife Service �] FROM: Judy Wehner Assistant State Mihing Specialist ecialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley1� W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office_will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact me at (919) 733-4574 if you have any questions. cc: Mr. Pat McClain, PE RECEIVED MAY 2 'a" 2011 LAND QUALITY SECTig MAY _5 2011 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733.45741 FAX: 919-733-2876 512 North Salisbury Street,Raleigh, North Carolina,27604•Internet:httpalwww.dIr.enr.state.nc.us/pages/landqualitysectlon.htmI An Equal Opportunity!Affirmative Action Employer—50%Recycled 110%Post Consumer Paper Wehner, Judy From: Vinson, Scott Sent: Tuesday, May 24, 2011 4:17 PM To: Wehner, Judy Cc: Dumper, Samir; Novak, Gary Subject: RE: Ainsley Mine Attachments: 89-10 DLR -Water Quality Review Sheet 2010.doc The mine proposal looks good and nothing else is required as long as Mr. Ainsley does not modify his proposal and decides to dewater. The mine review sheet is attached. Thanks, Scott CAWplease consider the environment before printing this e-mail. •R-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third panics. From: Wehner, Judy Sent: Tuesday, May 24, 2011 9:20 AM To: Vinson, Scott Cc: Dumper, Samir; Novak, Gary Subject: Ainsley Mine Do you have any comments on this proposed mine site? Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 (919) 715-8801 fax ---------------------------------------- _ E-mail correspondence to a no from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Pant his roan to POF Ratum PDF of norm to DLR CO by email. os DLR RO and DWQ SPU MINING PERMIPAPPLICATION REAW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: 89-10 DLR Permit#:_County: Tyrrell Address: 2475 Newlands Rd., Columbia, NC YES NO Date Commencing Is this mine a new mine? r Have land disturbing activities started? Date? r • r Latitude: 35.8449 Longitude: -76.2798 Please return comments to (at DLR CO): Judy Wehner Comments due by: 5/24/11 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality? No Comments: No proposed dewaterinq and proposed berm would direct stormwater runoff within the excavation area into the mine nit Watershed/Stream Name & Classification: Pasguotank River Basin / Scuppernong River C: Sw DWQ Compliance Status of Mine: n/a YES NO NPDES permit required? NPDES permit existing? r (Permit# ) r If an NPDES permit is not required, is DWQ r still concerned about wetland degradation Itw� not Proposing' by dewaterinq? ... to dewater Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r . RO Contact Name, . r , mine has already begun digging or is Contact Reason: dewatering without DWQ permit) 401 Wetland Cert. required? 401 Wetland Cert. existing? r k Permit # r Does DWq RO currently have enough - - information to determine if a 40.1 Mine site is over existing Ag. field Rev September 2010 Print this loan to PDF Relum POF of this fofm to DLR CO by emeiL cc DLR RO and DWQ SPU certification is required? Rev September 2010 Print this farm to POF Return PDF of this form 0 OUR CO by email. cc DLR RO and DWQ SPU YES NO Are wetlands disturbed at this site? L J . Does DWQ RO suspect or know of nearby r but they are not within mine r wetlands to the site? boundary Is a wetland delineation required prior to :r•I By: nD or 'r Consultant ,r:as Iona as DWQ issuing the permit? ,r._•Onsite? Or •r Offsite?. there is no dewaterin Stream Determination Needed? r r , Stream Determination Completed? �r d Does DWQ RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? Buffer Determination Completed? r •_ r •_ Recycle system permit existing?* r ;Permit# - r not proposing New Recycle System permit required?* r •recycling was not proposed/ "wet r Enough information to determine? minin " — Non-discharge permit existing?* !r Permit # it Will wastewaters discharge to HQW waters r , r •7010 with a 7Q10=0? "" Unknown (permittee determine): r Flow:_ r Has Violation Does DWQ require DLR to hold the permit ;;;ryryryO&M Requirements( g' - e. so DWQ can review it further or HQWI7Q10 Concerns r - ` because DWQ requires more information)?. Reason:formatton)?. RO contact: Hold Until: — Mine must wait to dewater until an O&M r Only If change occurs and r plan is approved? dewatering is proposed *The NPDES SW and WIN permit NCG020000 covers closed-loop recycle systems designed to exclude all stormwater run-off from the system and operate at or below two-leet offreeboard. Theses stems maybe emitted b a Non-discharile Recycle System Permit from the Aouifer Protection Section(APS) OR may instead be permitted under NCG020000 to eliminate an addih'onal permit Recycle systems that do not meet those cdtena are considered discharcdno systems and are subject to the NCG020000 dischi me permit. "To obtain 7010 flows, permiffees must contact the DWQ Slomrwater Permitting Unit. if DWQ does not have a Now estimate for a speck stream, permiffee5 will be asked to obtain one. Pemtittees should contact J. Curtis Weaver at the USGS: 919-571-4043, for mans information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for tidally influenced wafer bodies. Reviewed by: DWQ RO Surface Water:Scott Vinson Regional Office: Washington Date: 5/24/11 RO Aquifer Protection Section: Regional Office: — Date: SPU DWQ Central Office Reviewer (if applicable): Rev September 2010 a 0 North Carolina Department of Cultural Resources State Historic Preservation Office Claudia Nrnwy Acring Administrator Iknedy Paves Penhw,Clwernnr I:Iffic,ofa\raldvas mad I lisiory IuNa.\.Carlisle,Saretnry Division of Itw"nCd 14snnmen JnffmyJ.Cmw,Deputy Soaetny David Itrook,Dlrcuar May 19, 2011 RECEIVED- MEMORANDUM MAY t[ MAY.�2y 2011 TO: Judy Wehner land Quality Section t.ANO QUALITY SECTION Division of land�Rcsourcess, NCDENR � � FROM: Claudia llrown �l .f y &Q1fA- I�r(�,�'W- SUBJECT: Application for Mining permit, W Alton Ainsley,W Almn rlinsley h3inc, 7'yaell County, ER 11-0761 Thank you for giving us the opportunity to review and comment on the above project pursuant to Chapter 74, Article 7 of the North Carolina General Statutes. Because of the location and topographic situation of the proposed project area, it is unlikely that any archaeological sites which may be eligible for inclusion in the National Register of Historic Places will be affected by the proposed borrowing. We, therefore,recommend that no archaeological investigation be conducted in connection with this project. While we note that this project review Ls only for a state permit, the potential for federal permits may require further consultation with us and compliance with Section 106 of the National Historic Preservation Act. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Rence GledhOl-Earley, environmental review coordinator, at 919-807-6579. Iueatlon:109 Pmi Junus 9ma,Nalulgh NC,,27l41I Maillne Addito:4617 Mall smxv,Cnncq aaa¢,,h NC 27699A617 Telephone/nar:(919)8I9-6571/W174599 Wehner, Judy From: Novak, Gary Sent: Monday, May 23, 2011 10:04 AM To: Wehner, Judy Cc: Marciniak, Katherine; Mcclain, Pal Subject: Alton Ainsley Mine, P#89-10 Attachments: GaryA Novak-vcf, DAQccmmentsAinsleySandMinePerq.jpg Judy, Please find below our comments for the above mine: The current land use is Ag. A Notice of Violation was issued for this site for mining without a permit. M Provide erosion and sediment control measures along the west northwester permit boundary. Goal is to keep any sediment from getting into the adjoining ditch. yC Operator wants to keep the haul road permanent- how will the road be maintained after mining? Reveg. plan not attached, unless the applicant is referencing the reveg. table on page 2 of the map. Pig, 2 structures/symbols listed are not shown on the map. Clarify line symbols buffer vs. excavations limits particularly northwestern side of the proposed pit. Label the cross-sections on page 2 of plans. A tcation: Certified mail receipts for landowner notifications are not provided.. Approval of reveg. plan not provided. Provide appropriate approval. Please contact Kat or myself if you have any questions, Gary A. Novak 1tlC eepar:meni a`naril'onlnenc and P:a;ursi,2e.,.. Eneirc•nmrJ�tal Senior Speuallst 25A9;n 5?a'1 e#. 3850 WGrk gary.nova'r:&v_denr.9w Ilaun Carolina C•epte:tms .of Envii cent . 9.43 Washington Scuare lddl '!•lashlnctcn, 110 hn CA-Ai 2123c E-mail correspondence to and from this address may be sumeot Io the Notlh Carolina Public Records Law and may be disclosed to third padres 1 � �°". C''n/°`"/c• Goss- 9-/� MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY PrcjecdNumbe[ Di• stal`• µ ' iS_t,r I'L ;1 r_ County:L' �LY'kr. `1 "Cue Data for Comments Back to Land Quality section: V% ill :he operation, as proposed, viclate srarcares cf air ;uaiibj"/V b Comments: YES NO Air _ermit required Alr :.armit existing ^(Fernit ' Other Comments: Reviewed by: ` ` " , ' • Date: ra �• Print Name: yON�?�U'ENGjCN�V D ITY SECTION FC ICE E C E unLAS to NAY - 4 2011 U0 AY - 4 2011LIDAQ WAIMD QUAIn'Y SECTIONTON REGIONAL OFFICE 10 ALA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Beverly Eaves Perdue Thomas A. Reeder Dee Freeman Governor Director Secretary May 4,201 1 MEMORANDUM T0: Judy Weimer Land Quality Section rMAY i}PROM: John BarrGround Water Management Section1 i Division of Water Resources SUBJECT: Comments on the Mining Permit Application Request for: W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached a copy of the mining permit application request for the above referenced project. The W Alton Ainsley Mine located in Tyrell County does not appear to have an unduly adverse effect on ground water supplies since there is no dewatering proposed on site. If it becomes necessary to begin pumping water from the mine to stabilize mining activities, the Division of Water Resources would like to be contacted so that it may further investigate any potential effects on potable ground water supplies. Facilities not in the fifteen county Central Coastal Plain Capacity Use Area are required to register their water withdrawals in accordance with the North Carolina General Statute G.S. 143-215.221-1. This statue requires any non-agricultural water user who withdraws 100,000 gallons or more in any one day of ground water or surface water to register and update withdrawals. This statue also requires transfers of 100,000 gallons or more in any one day of surface water from one river basin to another river basin to register and update their water transfers. Water withdrawal registrants must complete the annual water use reporting form by April I for the previous year. If you have further questions please contact the Division of Water Resources at (919) 733-4064 or send correspondence to 1611 Mail Scrvice Center, Raleigh NC 27699-1611. 1611 Mail Service Center, Raleigh, Nona Carolina 276W1611 One Phone:919-733aoeal FAX,919-733d666Imerniw nmoterorg North Carolina M Equal onowunla iminuno kdoe broiner-W%Rria 10%rXICeee0lMr PON Naturally All r � NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ,lames D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist May 2 2011 Dee Freeman,Secretary • 5 L. MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Judy Wehner 4Vv Assistant State Mining Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County ❑Mine Dewatering Proposed © No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact me at (919) 733-4574 if you have any questions. Attachments Tllwj"19 cc: Mr. Pat McClain, PE f4AY 1 2011 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-4574/FA�19-733-2 76 512 North Salisbury Street, Raleigh, North Carolina, 27604• Internet:http://www.dlr.enr.state,ng d I An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper � e MINING CHECKLIST FOR ROUTING y Apphwds Naar I �. Ql ern . � i nc� a` Profat Namc W / I Im.. n n- - App&./pmat No.:Ra,kn ca q. Ti ✓e natt uod"i. a 9,11.1 l..1//�� AA I / us7amr. A A I x h` ..�. RFar sash Nana: Pkq,y,uafra,I ( " U ,(�Nea ❑ R[IILAId ❑ MaA flWloM (tnddepemdt IWMdaraf) ❑ MA#UUaM (oaMdapanat hoandarfa) ❑ Trmuftr ❑ apart ❑ ParWt Releaa ❑ Addtnaaal 10rara m ❑ Fa Nakk ) Fa RaNveA: $ 307 Z W Plmsq mate afllit a hodtaM adM a to: -. I,1 I n54 i n a 4 Rtglowl Lf" (z c m kLe wylm dtah the-t2 Rtgtamd opa 611efnd Ayydledlan Review ehe k&to au ON AU Ach hash the DwrLad DA4'Muand A#trdmn RMM VOW to the atha a)d;tend lath eayla to L6 Rtdlawl EVW) Date: RaLtd ReCd DfvwM of wda Raatrar Date: Rased Red \ Nc wdi*RM=co w,,laR natee amass ^•-a _ US Fah A WdtWfe servo` 5)h11 I 1 (ody Herr ayyiltaaamu ad woodtan" fha Wends SiatNAn 4 Ph99ML-fint3pia4tk%pt1eAn0XandOrIn PoCosin L&US Nwk _ 1, D olmaaM Farhs a Rtaatlm CAI(e d vc'• (il. K1Hv r1 Cxl NC Gmlaeatat&Ia15tNoa RY)SU, ) q•PP. SpnlA�"��`"•CAs o v DIKOM Matfnt Ffsktr s'10 aDLVUSX -clk tj DMMn o Sod a Wafer Csna dW (phu � V C (Only as Iyhea w and mddf*&M r pf&twt DlvMx#Anlow a R*7 a�J a- �4 iU- (odj xea ayylaotlauJ I ❑ other: vaa:-ttaaax—�—Ra'a— "Soyense:Date for Comments: SI a4I It - (w lafaOwi as days/mm naapf) I I 35, 6'�`r1 On' ❑. F�aawtefhe�udawtng: �4161 (4ftA, /YWJ 1 k �� . r-1�Ir1r,✓ �- ��Y _ 1 a I uw, 1 Wehner, Judy From: Wehner, Judy Sent: Friday, April 29, 2011 4:24 PM To: Dumpor, Samir cc! Novak, Gary; Mcclain, Pat; Wehner, Judy Subject: W Alton Ainsley Mine Review Sheet Attachments: 89-10 DLR - Water Quality Review Sheet 2010.doc Here's the review sheet for the new W Alton Ainsley Mine. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919)733-4574 (919) 715-8801 fax E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 Print(his form to PDr Relum PDFORhis/wm to DLR CO by email. w DLR RO and DWQ SPU MINING PERM IPAPPLICATION REAW FORM for the DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: 8989=10 DLR Permit#: County: Address: _ YES NO Date Commencing Is this mine a new mine? N (- Have land disturbing activities started? Date? r Latitude: 35,8449 Longitude: -76.2798 Please return comments to (at DLR CO): Judy Wehner Comments due by: 5124111 SECTION BELOW TO BE FILLED OUT BY DWQ: Is the RO concerned that the operation, as proposed, would violate standards of water quality?_ Comments: Watershed/Stream Name & Classification: DWO Compliance Status of Mine: YES NO NPDES permit required? NPDES permit existing? r • (Permit# ) r If an NPDES permitis not required, is DWQ still concerned about wetland degradation_ by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r RO Contact Name: _ (- mine has already begun digging or is Contact Reason._ dewatering without DWQ permit) 401 Wetland Cent. required? 401 Wetland Cert. existing? r Permit # f Does DWQ RO currently have enough ' information to determine if a 401 certification is required? Rev september 2010 print this form to POP Rehm POP of this form to DLR CO by email cc DLR RO and DWQ SPU YES NO Are wetlands disturbed at this site? Does DWQ RO suspect or know of nearby r , r wetlands to the site?Is a wetland delineation required prior to r •.:By:lr JD or r••Consultant ;r ,• DWQ issuing the permit? - 4- •Onsite? Or -r IOffsite? Stream Determination Needed? Stream Determination Completed? Does DWQ RO need a statement that no wetlands/streams are disturbed r r for this project from applicant? Buffer Determination Needed? -- Buffer Determination Completed? Recycle system permit existing?` r Permit#— r New Recycle System permit required?" r r , Enough information to determine? — Non-discharge permit existing.' , .. ,Permit# r`i Will wastewaters discharge to HQW waters r r 7010 with a 7Q10=07 "' Unknown ( ermittee determine): r , Flow:_ tr v.Has Violation - - - - Does DWQ require DLR to hold the permit r ,!O&M Requirements (e.g. so DWQ can review it further or HQWI7410 Concerns it because DWQ requires more information)? "�-,•Other. Reason: — - RO contact: Hold Until: Mine must wait to dewater until an O&M r . r plan is approved? — 'The NPDES SW and WW permit NCG02o000 covers closed-loop recycle systems designed to exclude all stprmwater ran-off from the system and operate at or below two-feet of freeboard. These systems maybe permitted by a Non-dischama Recycle System Permit from file Anrrifer Protection Section fAPSI. OR may instead he remolded under NCG020000 to eliminate an additional permit. Recycle s stems that do not meet those criteria are considered discharging systems and are sub'ect to the NCG020000 doormats permit. "To obtain 7010 flows,permittees must contact the DWQ Stormea ler Permith'ng Unit. 1f 0WQ does not have a flow estimate fora specilrc shown,permittees will be asked to obtain one. Pennitlees should content J. Curtis Weaverat the USGS: 919-5714043, for more information on obtaining a 7Q10 flow. USGS will not determine a 7Q10 flow for0dally Influenced waterbodies. Reviewed by: DWQ RO Surface Water Regional Office, _ Date, RO Aquifer Protection Section: Regional Office: — Date: SPU DWQ Central Office Reviewer (if applicable):_ Rev September 2010 Wehner, Judy • From: Wehner, Judy Sent: Friday, April 29, 2011 4:24 PM To: Dumpor, Samir Cc: Novak, Gary, Moclain, Pat; Wehner, Judy Subject: W Afton Ainsley Mine Review Sheet Attachments: 89-10 DLR -Water Quality Review Sheet 2010,doc Here's the review sheet for the new W Alton Ainsley Mine. Judy Wehner Assistant State Mining Specialist 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 (919) 715-8801 fax ....................._---------.....__ E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 MINING PERM*APPLICATION REWW FORM forthe DIVISION OF WATER QUALITY THIS SECTION TO BE FILLED OUT BY DLR: Project Name: 89-10 DLR Permit #: County:_ Address:_ YES NO Date Commencing Is this mine a new mine? fe t Have land disturbing activities started? Date? I '" Latitude: 35.8449 Longitude: -762798 Please return comments to (at DLR CO(: Judy Wehner Comments due by: 5/24111 SECTION BELOW TO BE FILLED OUT BY DWG: Is the RO concerned that the operation, as proposed, would violate standards of water quality?_ Comments:— Watershed/Stream Name & Classification: DWQ Compliance Status of Mine: YES NO NPDES permit required? NPDES permit existing? r (Permit # ) rug 'Wan NPDES permiLis.not,required,.Is.DWQ ` ^ still concerned about wetland degradation T r by dewatering? Should permittee contact DWQ RO immediately? (e.g. to schedule a site visit if r... RO Contact Name: — (- mine has already begun digging or is Contact Reason:_ — dewatering without DWQ permit( 401 Wetland Cent. required? { 401 Wetland Cert. existing? 1" Permit # '.Does DWQ RO currently have enough, information to determine if a-401 certification is required? - - Rev September 2DIe YES NO Are wetlands disturbed at this site? �' 'r •.' Does DWQ RO suspect or know of nearby (- wetlands to the site?:Is a wetland delineation required,prior to .1., By: JD or. Consultant _ r DWQ-issuing.the permit? - r •Onsite? Or i �Offsite 7' Stream Determination Needed? Stream Determination Completed? - Does DWQ RO need a statement that no wetlandststreams are disturbed f •_ for this project from applicant? Buffer Determination Needed? - l - 'f • ' Buffer Determination Completed? _ - Recycle system permit existing'?*. r Per'mit #z_ New Recycle System permit required?` Enough information to determine? � dddddd'd It'd — Non-discharge permit existing?' _ 1' Permit # - ; t to to s' r, r 2� Will wastewaters discharge to HQW waters 7010 with a 7Q10=0? `" Unknown (permittee determine): ji Flow: Has Violation, Does DWQ require DLR to hold the permit'. ' O&M Requvements (e:g.,so DWQ can review it further or HOW/7010 Concerns because DWQ requires more.information)? ` r Other Reason RO-contact Held Until Mine must wait to dewater until an O&M r l— plan is approved? 'The NPDES SW and WW permit NCGO20WO covers closed-bop recycle systems des'oned to exclude all stonnevater mn-olf from theninnorn and operate at or below Advioddhael of haeboard Theses stems maybe permitted by a Nimdifischandle Recycle System Pand 1mm the Aquifer Protection Section MPS) OR may instead be permitted under NCGO20000 to eliminefe an additional Permit Recycle stems that do not meet those criteria am considered dischumindi systems, and are settled to the NCGO20000 dischar e permit, "To obtain 7Q10 flaws, permittees must contact the DWO Stormwater Pemritling Unit. IfDWQ does not have a Bow estimate fore specific sbeam,pomrilfees will be asked to obtain one. Perraddees should contact J. Curtis Weaver at the USGS:919-571-4043, for more information on obtaining a 7010 flow. USGS will not determine a 7010 flow for tidally influenced water bodies. Reviewed by: DWQ RO Surface Water,_ Regional Office: Date: — RO Aquifer Protection Section: Regional Office: Date: SPU DWQ Central Office Reviewer (if applicable): Rev Seplember 2010 'vB"G=ri•C ---9 C--iaioea:ti]s :°a3on AMcri=•Iq s '.:oI'A1n,Iii 7•m.,-o i.l,� h�T� ism.�--�F1ti',�-t�.•3 � ,lie_. 7wmq 7f": I t ; err..-Aare-arILI - --• t�- { ;j I.f aeerfir:an--rarsa;rr J .YC.�a3�.lrrtpl°ry "Zia:aaC'.]an _ i �ucswerca rat S=�dCi } 1 I Jam= 3d1 iI•^C"2:1R] C'--n or CGLYC nit ''din seat 1 aesgixrQs 'CCO plain �tCle: s�Sr,iC•`.a=IfC 0 is a c639.'c nC21 acC--lcracCn Ath.7 =anG:. uCmedencd irk_Q year7- =e�vencc WUV is 1ne:C=CX-.:C"_.7s sse=nG^Cr1.:ay''ai7- S*UrC*-.`faCCn9I Scism�C--1= 1=C7 COC'Jn![ M.-C r,.:As'SS6. I ;.�..idCiCSlC71 Gurley�Cen•r?�rZCCC£.=07�:��.C']._!�ICnii C7 :.Y.L'SS S.S:��i Ai3:-3'...'L Ta t0.:1 CT11�. rev c-zI_ I] C=. tCale2 { vC..S:lin■�wi°Vr�1°tftinal[i�7t]OAsa ���- = "!_�'d0 MINING APPLICATION REVIEW CHECKLIST t APPLICATION/PERMIT NO.: 140 ACTION: L New.! Modification Renewal Transfer Release APPLICANT NAME. MINE NAME: -, �4t r„ Irl.,000NTY: I _ 1 Administrative Issues: A. Is the site currently under NOV? Yes No Explain: 9. Is the site under CAMA jurisdiction? Yes No Explain: Field Issues: A. Are potential .vellands and watercourses properly indicated on the Mine Map? Yes No Explain: What is the eoproximate distance to the closest potential wetland and/or waterway? 3. .Are the proposed buffer zones adequate? Yes No Explais: Do all occuPed dwellings within 300 feet of the mine excavation appear to be indicated? Yes No Explain: D. Do all water supply wells within 500 feet of the mine excavation appear to be indicated? Yes No Explain: E. Is visual screening needed? Yes No Explain: Are the proposed erosion and sedimentation control measures properly located to prevent orfsile sedimentation? Yes No Explain: - 3. Is the proposed revegelalionlreclamation plan acceptable? Yes No Explain: Date inspected: . rosion and Sedimernation Control Plan Review: t is the responsilaft''i it the Regional Office start to venry the adequacy of the I measures. Please provide any zrcems or ;omments: 7therComments: - Vho was (he application routed Jo and when?: Division of Air Quality: Date: Division of Water Quality(Water Quality Section only): Date: i Other: Date: spector/Reviewei s Name: Date: egional Engineer's `lame: Date: ,v June 2009 • 0 MINING PERMIT APPLICATION REVIEW FORM for the DIVISION OF AIR QUALITY PmjecJNumber. !S . f -n i•., -`� � i5i�y_r j�>� 71= . County: i "Due Date for Comments Back to Land Quality Section: 'P/ill :he operation, as proccsed, violate s;arcares of air _uaiiry? Ccmments: YES NO .Air _ermii re^_uired .+.;r permit existing _(Fermlt = f Other Comments: Reviewed by: Date: Prinz Name: NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 2, 2011 MEMORANDUM TO: Ms. Natalie Wollard Application Review Coordinator Division of Soil and Water Conservation FROM: Judy Wehner Assistant State Dining Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any publically owned conservation easements (G.S. 74- 51 (5)). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publically owned conservation easements would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application, Your continued cooperation is greatly appreciated. Please contact tree at (919) 733-4574 if you have any questions. cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733.4574/FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:http:Nwww,dlr.enr.slate.nc.uslpagesllandqualitysection.htmf An Equal Opportunity 1 Affirmative Action Employer—50%Recycled/10%Post Consumer Paper 7 - - - A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 2, 2011 MEMORANDUM TO: Ms. Anne Deaton Habitat Protection Section Division of Marine Fisheries FROM: Judy Wehner 1ii� Assistant State MiFling Specialist Land Quality Section SUBJECT Mining Permit Application for 1/11 Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater, estuarine or marine fisheries (G.S. 74-51 (2)). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater, estuarine or marine fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact me (919) 733- 4574 if you have any questions. /cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 -Internet:httpalwww.dlr.enr.state.nc.uslpagestlandqualitysectior.him I An Equal Opportunity/Affirmative Aclion Employer—50%Recycled 110%Post Consumer Paper -F;A' 0 �J NCDENR North Carolina Department of Environment and Natural Resources Division of sand Resources Land Quality Section James D. Simons, PG, PE May 2, 2011 Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary MEMORANDUM TO: Ms. Renee Gledhill-Earley Application Review Coordinator Archives & History FROM: Judy Wehner .,_ 1,r•.' Assistant State Min} gpn S ecialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on any significant archeological resources. Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on significant archeological resources and/or human skeletal remains would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact Ms. Judy Wehner at (919) 733-4574 if you have any questions. /bmh Attachments cc: Mr. Pat McClain - 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919-733-4574/FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 -Internet:httpalwww.dlr.enr.state.nc.uslpagesllandqualitysection.html An Equal Opportunity/Affirmative Action Employer—50%Recycled 1 10%Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section ,tames D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist May 2, 2011 Dee Freeman, Secretary MEMORANDUM TO: Mr. Lewis Ledford, Director Division of Parks and Recreation FROM: Judy Wehner ,t�•.J Mining Program Secretary Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse affects on the purposes of a publically owned park, forest, or recreation area (GS 74-51 (5). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on publicly owned parks, forests or recreation areas would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. Your continued cooperation is greatly appreciated. Please contact me (919) 733- 4574 if you have any questions. Attachments cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone 919.733-4574 I FAX: 919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604• Internet:http://www.dlr.enr.state.nc.us/pages/iandqualitysection.html An Equal Opportunity/Afiirmalive Action Employer—50%Recycled 110%Post Consumer Paper o �_ 1 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land t aaT 2811�on ,fames D. Simons, PG, PE 2 Beverly Eaves Perdue, Governor Director and State Geologist flee Freeman, Secretary MEMORANDUM TO: Mr. Brad Cole Application Review Coordinator U.S. Fish and Wildlife Service FROM: Judy Wehner V\ Assistant State Miming Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient elate and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact me at (919) 733-4574 if you have any questions. cc: Mr. Pat McClain, PE 1612 Mail Service Center,Raleigh,North Carolina 27699-1612 • Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604• lnternet:hiip://www.dir.enr.state.nc.us/pages/landqualitysection.html An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper A7i'��A NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist May 2, 2011 Dee Freeman, Secretary MEMORANDUM TO: Mr. Nat Wilson Hydrogeology Group Division of Water Resources FROM: Judy Wehner 1F`' Assistant State Mining Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County ❑Mine Dewatering Proposed 0 No Mine Dewatering Proposed Please find attached for your review a copy of the mining permit modification request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on potable water supplies (GS 74-51 (2). Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review, any comments your agency can provide regarding potential effects on potable groundwater supplies and groundwater quality will be appreciated. We would like to have any recommendations you may provide for permit conditions, for reasonable protection of groundwater quantity or quality. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. PLEASE RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact me at (919) 733-4574 if you have any questions. Attachments cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-45741 FAX:919-733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Internet:http://www.dir.enr.state.nc,usipages/landqualitysection,html An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper iA F-EX5 NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Beverly Eaves Perdue, Governor Director and State Geologist Dee Freeman, Secretary May 2, 2011 MEMORANDUM TO: Ms. Maria Tripp Habitat Conservation Program Coordinator Wildlife Resources Commission FROM: Judy 11Vehner Assistant State Mining Specialist Land Quality Section SUBJECT: Mining Permit Application for W Alton Ainsley W Alton Ainsley Mine Tyrell County Please find attached for your review a copy of the mining permit application request for the above referenced project. Please review this information and advise as to the probability of this operation having unduly adverse effect on wildlife and freshwater fisheries (G.S. 74-51 (2)), Please respond by May 24, 2011 so that we may complete our review of this request within our statutory time limits. As is the case in our review of all mining permit applications, renewals and modifications, this office will carefully review all proposed erosion and sediment control measures to ensure that they are sufficient to restrain erosion and off-site sedimentation. However, any comments your agency can provide regarding effects on wildlife and freshwater fisheries would be greatly appreciated. If your staff wishes to perform a site inspection, it is recommended that they contact the person submitting this request to set up a convenient date and time. Also, please send a copy of your comments to the person noted in the application. RETURN ALL APPLICATION MATERIALS AND MAPS WITH YOUR REVIEW COMMENTS TO THIS OFFICE. Your continued cooperation is greatly appreciated. Please contact me at (919) 733-4574 if you have any questions. Attachments cc: Mr. Pat McClain, PE 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - Telephone 919-733-4574 I FAX 919.733-2876 512 North Salisbury Street, Raleigh, North Carolina, 27604 - Intern et:hUpWwww.dlr.enr.state.nc.uslpagesllandqualitysection.htmI An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper P]6° 19'000"W D]8° 17'DDPW o00"W i I I I i I I I i I I 6 - c - . a 41 PIP P n Ytn I., IF y. � gs �- ^ - = y - - .. oa _ � �T s� _ o C6 Alton Ainsle�lne ° i . N� .r f vul:� • — r� 6.ZIP 0 :rfIzp s Idd r PILL ..+ .. 076. 1e'ID.DO'W '076. 1T o.oO"W iow 16'IO. (r W I a l Name: CRESWELL SE Location: 035° 50'41.8" N 076' 16'47.2" W Date: 412912011 Scale: 1 inch equals 20DO feet COppi9N(C)1997.WDI lm. APPLICATION FOR A MINING PIWIT NORTH CAROLINA MINING PERMIT APPLICATION State of North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section EEEED ollECTION 1612 Mail Service Center Raleigh, North Carolina 27699-1612 (919) 733-4574 Revised: January 30,2008 • e APPLICATION FOR A MINING PERMIT NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES LAND QUALITY SECTION APPLICATION FOR A MINING PERMIT (PLEASE PRINT OR TYPE) I. NameofMine W. Alton Ainsley Mine County Tyrrell River Basin Pasnuotank Latitude (decimal degrees to four places) 35.84645 Longitude(decimal degrees to four places) 76.27766 2. Name of Applicant" W. Alton Ainsley 3. Permanent address far receipt of official mail** 2475 New Lands Road Columbia, NC 27925 Telephone (252) 796-7466 Alternate No. 4. Mine Office Address Same Telephone ( 1 5. Mine Manager W. Alton Ainsley We hereby certify that all details contained in this Permit Application am true and correct to the best of our knowledge. We fully understand that any willful misrepresentation of facts will be cause for permit revocation. - t'*Signature_ 9,96, Date q- Zg'— Il Print Name W. Alton Ainslev Title Mine Owner/Operator " 'rhis will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond (security)that corresponds to this site. •• 'fhe Land Quality Sectbn must be notified of any changes in the permanent address or telephone number. Signature of company officer required. G.S. 74-51 provides that the Department shall tearing or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearin Is held, within 30 days followin((,,v the hearing and the filing of any supplemental information required by the Department. All questions most be addressed and all required maps provided before this application can be considered complete. Attach additional sheets as needed. 1 RECEIVED APR 2 9 20 u LAND QUALITY SECTION FOR MINING •APPLICATION O A M N NC PFI�VIIT NOTE: All of the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine. All responses must be clearly conveyed on a corresponding,detailed mine map. A. GENERAL CHARACTERISTICS OF THE MINE 1. Answer a]I of the following that apply: ® If 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 that the "new permit" fee will be based upon): 10 Of this acreage, how much is owned and how much is leased? Acres owned: 10 Acres leased: 0 Property owner if leased: ❑ If this is an application for RENEWAL of a mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit: Mining Permit No.: Total permitted acreage (this is the acreage that the "renewal" fee will be based upon): ❑ If this is an application for a MODIFICATION to a mining; permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: Does the modification involve acreage within the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the acreage to be covered by this modification (this is the acreage that the "major modification" fee will be based upon): Does the modification involve acreage outside the previously approved permitted boundary? Yes ❑ No ❑. If yes, indicate the additional acreage to be covered by this modification: (NOTE:you must complete all of Section F.ofthis application form entitled Notification of Adjoining Landowners). Of this acreage to be added to the permit, will any portion of this acreage be affected (i.e.: disturbed, ground cover removed) by the mining operation? Yes ❑ No ❑ (If no, a"minor modification" fee of $100.00 is required, despite the "undisturbed" acreage to be added). If yes, indicate the acreage to be affected within the acreage to be added to the permit (the total acreage to be added to the permit is the acreage that the "major modification" fee will be based upon): ❑ If this is an application for TRANSFER of mining permit, indicate the mining permit number and the total (overall) acreage covered by the existing permit. Mining Permit No.: Total permitted acreage: SEE THE FEE SCHEDULE AT THE END OF THIS FORM FOR THE PROPER FEE AMOUNT TO BE PAID FOR THE REQUESTED PERMIT ACTION(S) AND CORRESPONDING ACREAGE NOTED ABOVE 2. Name of all materials mined: Sand 3. Mining method: Hydraulic Dredge Front-end Loader& Truck ® Shovel & Truck Dragline & Truck Self-loading Scraper Other (explain): Excavator and Truck 4. a. Expected maximum depth of mine (feet) 25 Depth is relative to what benchmark? (e.g., natural ground level, mean sea level, road elevation, etc.) Natural around level b. Expected average depth of mine (feet) 20 APPLICATION FOR A MININC PWIT 5. Has any area(s) at this site been mined in the past? Yes ® No ❑ If yes, when and by whom was this activity conducted? There is an existing and approximately 2.8 acres dug by W. Alton Ainsley 6. Number of years for which the permit is requested (10 years maximum): 10 B. MAPS 1. Clearly mark and label the location of your mining operation on six (6)conics of a 7.5-minute quadrangle and a county highway map. These maps, in addition to six (6) conies 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 OR 512 North Salisbury Street, 5"' Floor Raleigh, North Carolina 27699-1612 Raleigh, North Carolina 27604 (919) 733-2423 www.geo<flgy.enr.state.nc.us/ County highway maps may be obtained from the N.C. Department of Transportation: North Carolina Department of Transportation— Geographic Information Systems (GIS) Mailing Address: Physical Address: NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, North Carolina 27699-1587 Raleigh, North Carolina 27610 (919) 212-6000 ,,\,NA,w.ncdot.org/it/gisColitact/def'aLlIt.htniI 2. Mine maps must be accurate and appropriately scaled drawings, aerial photographs or enlarged topographic maps of the entire mine site. All aspects of the mine site must be clearly labeled on the maps along with their corresponding (approximate) acreage. As a reminder, mining permits can only be issued for up to 10 years; thus, all mine and reclamation maps must only denote those activities that are intended to be conducted during the life of the mining permit. All maps must be of a scale sufficient (see minimum requirements listed below) to clearly illustrate the following, at a minimum: a. Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b. Existing or proposed permit boundaries. c. Initial and ultimate limits of clearing and grading. d. Outline and width of all buffer zones (both undisturbed and unexcavated). e. Outline and acreage of all pits/excavations. f. Outline and acreage of all stockpile areas. g. Outline and acreage of all temporary and/or permanent overburden disposal areas. h. Location and acreage of all processing plants(processing plants may be described as to location and distance from mine if sufficiently far removed). i. Locations and names of all streams, rivers and lakes. j. Outline and acreage of all settling and/or processing wastewater ponds. k. Location and acreage of all planned and existing access roads and on-site haul roads. 1. Location of planned and existing on-site buildings. in. 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; i f 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. APPLICATION FOR A MINING PWIT 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 he 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. Name of'applicant ?. Name of mine 3. North arrow 4. County 5. Scale 6. Symbols used and corresponding names 7. Date prepared and revised 8. Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE. MAP SCALD 0-49 Acres 1 inch = 50 feet 50-199 Acres 1 inch = 100 feet 200+ Acres 1 inch = 200 feet (NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items) I P&IT APPLICATION FOR A MIN NG A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles, wastepiles, processing area/haul roads, mine excavation and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit. A table/chart similar to the following will be acceptable: CATEGORY AFFECTED ACREAGE Tailings/Sediment Ponds 0 Stockpiles 0 Wastepiles 0 Processing Area/Haul Roads 1.4 Mine Excavation 7.2 Other(Explain)(Unexcavated buffer) 1.4 Total Disturbed Acreage �;(a NOTE: IN ADDITION TO THE ABOVE, THE MAPS MUST ALSO INCLUDE ANY SITE-SPECIFIC INFORMATION THAT IS PROVIDED IN THE ANSWERS TO THE FOLLOWING QUESTIONS IN THIS APPLICATION FORM (PLEASE NOTE THE ITALICIZED QUESTIONS/STATEMENTS THROUGHOUT THE FORM). THIS APPLICATION WILL NOT BE CONSIDERED COMPLETE WITHOUT ALL RELEVANT ITEMS BEING ADEQUATELY ADDRESSED ON THE MINE MAPS. API LIGATION FOR A MINING PA IT 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 mal)(y). Attach additional sheets as needed. The area within the permit boundary is cleared farmland and the site is relatively flat,so no clearing and grading is needed. Haul Road/Access to mine from public road will be constructed with a security gate with loci` and a minimum of 50 feet length from public road covered with 45 stone or larger. Haul Road/Access will be 15 Feet wide. Mine boundaries will be established and clearly marked. An earthen berm 2 feet high with 3 horizontal to 1 vertical slope and I foot wide flat bench on top will be constructed and seeded along the interior of the unexcavated buffer such that all drainage within the excavated area will be internal to the mine and all drainage outside of the earthen berm will be to existing drainage ditches outside the permitted area. Excavations will begin at the southwestern end of the existing pond and proceed toward the southeast and then to the northeast to join the existing pond in the vicinity of the haul road entrance to the mine. Reclamation will be concurrent with mining operations such that mined areas will be sloped and seeded as mining proceeds. Excavations will be sloped a minimum of 3 horizontal to I vertical, or flatter. Sand will be placed on level ground to dewater and then loaded into trucks as needed. Excavations will be "in the wet", so no dewatering will be needed. 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,foi-mine excavalion(v), 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 ci-os.l-sections/construclion details Of each measure. Engineering designs and calculations are required to justify the adequacy of any proposed measures. Excavated area will be sloped 3 horizontal to 1 vertical such that all rainwater will drain into the mine. A minimum 25 feet unexcavated buffer interiorto the northeastern permit boundary(boundary with Haul Road/Access) and minimum 50 feet unexcavated buffer interior to all other permit boundaries will be established. An earthen berm 2 feet high with 7 feet base and I foot flat bench on top and 3 horizontal to 1 vertical slope will be constructed on the interior boundary of the unexcavated buffer as indicated on the mine map and seeded. Earthen berm will divert rain runoff and storm water within the unexcavated buffer to existing farm drainage ditches on exterior of permit boundary. Mining sequence will ensure that all rain runoff and storm water within the excavation boundaries will drain internal to the existing farm pond and future excavations as they proceed. 3. a. Will the operation involve washing the material mined, recycling process water, or other waste water 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 waste water from the mine or plant as a point discharge to the waters of the State? Yes ❑ No Z. I fyes, briefly describe the nature of the dischai-ge and h)cate all proposed discharge points (along i0th their method ofstabilizalion) on your-mine map(s). Excavations will be performed 'in the wet' and no dewatering is planned or proposed. f APPLICATION FOR A MINING PAIT • c. Will any part of the proposed mine excavation(s) extend below the water table? Yes ® No ❑. If yes, do you intend to dewater the excavation(s)? Yes ❑ No ®. If yes,what impact, if any,will mine dewatering have on neighboring wells? Estimated withdrawal rate in gallons per day: N/A. Locate all existing vvells on the mine map(s) that lie i44thin 500,fee1 of the proposed excavation area. Provide data to support any conclusions or statements 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. The closest separately owned property line with residence is approximately 1320 feet from the proposed excavation area.There are no wells within 500 feet of the mine permit boundary. No dewatering;of the mine is proposed. It is anticipated there will be no effect on any wells in the general locale. 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 Division of Water Quality, Water Quality Section. In addition,the applicant is required to register water use with the Division of Water Resources if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. All groundwater and rainfall within the excavated area will remain interior to the excavation boundary. Rain runoff outside of the earthen berm will sheet flow to existing farm drainage ditches in the same manner as presently occurring. 4. a. Will the operation involve crushing;or any other air contaminant emissions? Yes ❑ No ®. If yes, indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing; body. b. How will dust from stockpiles, haul roads, etc., be controlled? Water suppression as needed. APPLICATION FOR A MINING PEWIT 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. Shoit, all huffer locations and ►vidths on the Warne map(s). The northeastern permit boundary will have a minimum 25 feet unexcavated buffer and all other permit boundaries will have a 50 feet unexcavated buffer, as indicated on the map. 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). There are no natural watercourses or wetlands within the permit boundaries. 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. The closest adjoining property lines exist on the westernmost corner of the permit boundary, located approximately 30 feet away and along the southwestern permit boundary, located approximately 60 feet at the closest point. In addition to these offsets, there is a 50 feet unexcavated buffer interior to the permit boundary on these sides. The area between the mine boundary and the adjoining property lines consists of timberland and thick vegetation that should increase the stability in these areas. b. Provide a cross-section on the mine map(y) ,for all.fill slopes (berms, wa.steplles, overburden disposal areas, etc.), clearly indicating the inlended side slope gradient, installation of any benches and/or slope drains (with supporting design infbrmalion) if needed, and the method of final slabilizatlon. The site is relatively flat, and all excavated areas will be sloped 3 horizontal to 1 vertical and will drain internal to the mine excavations. 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). All excavation cut slopes will be 3 horizontal to 1 vertical minimum. APPLICATION FOR A MINING PSIT d. In hardrock excavations,specify proposed bench widths and heights in feet. Provide cross-sections of the nine excavation clearly noting the angles of the Cut.slopes, widths ofall safety benches and mine benches, and the expecled maximum depth of the excavation. No hard rock excavations are planned or proposed 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling house, public road, public, commercial or industrial building from any mine excavation. Locate all such ,structure's on the mine map if they are ivilhin 300 feet of any proposed excavation. The closest adjoining lot with residence is located approximately 1320 feet from any mine boundary. A 50 feet unexcavated buffer will be maintained inside all mine permit boundaries except the northeastern boundary, with haul road access, which has a 25 feet unexcavated buffer. Excavations will be sloped 3 horizontal to 1 vertical away from the buffers. Side slopes will be seeded to establish cover as slopes are established. 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 deluil/cross-section and location of each lype of barricade to he used must he indicated on the mine map(s). There are no high wall areas planned or proposed. The main access to the mine site is located approximately 1500 feet from the mine permit boundaries and will have a gate that is locked when the mine is unoccupied. The areas adjacent to the northwest and southwest permit boundaries consist of trees and thick undergrowth. The southern and northern boundaries of the tract also have trees and thick vegetation adjacent. The closest public road is located approximately 1500 feet from the southeastern boundary of the mine and consists of farm land owned by the mine operator. 9. Are acid producing minerals or soils present? Yes ❑ No M. If yes, how will acid water pollution from the excavation, stockpiles and waste areas be controlled? 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 ofall visual screening on the mine map(,) and provide cross-seclion.s through all proposed berms or proposed spacing, sizes and species for tree plantings. As previously noted in (8),above,trees and thick undergrowth adjacent to some permit boundaries and long stretches of farmland that is also bordered by woods land with thick vegetation will effectively shield the operation from public view. 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. "There are none in the area. APPLICATION FOR A MINING PAIT • 11. Will explosives be used? Yes ❑ 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 off5ile occupied slruclure(5) 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 ®. Ifyes, describe these materials, how they,1411 he stored and method ofcontainment in case of spill. Indicate the location(v) of all slorage facilities on the mine map(s). APPLICATION FOR A MINING PEPIT S 1). 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 he illustrated on a recla)nalion map and must Correspond directly with the rnf)rmalion provided on the mine map(s). In addition, design information, including typical cross-sections, of an), permanent channels to he constructed as part of the reclamation plan and the location(v) ofall permanent channels must he indicated on the reclamation map. The excavated area is to be reclaimed as a pond with a minimum depth of 4 feet. Adjacent areas will be grassed. Reclamation will be performed concurrent with mining. Side slopes in areas where excavations are complete will be sloped 3:1 and grassed. 2. Is an excavated or impounded body of water to be left as a part of the reclamation? Yes ® No ❑. /f yes, illustrate the location of the hody(s) of water on the reclamation map and provide a .scaled cross-section(v) through the proposed hody(s) of ii,ater. The minimum water depth must be at least 4 feet, measured from the normal low water table elevation, unless information is provided to indicate that a more shallow water body will be productive and beneficial at this site. Will the body(s) of water be stocked with fish? Yes ® No ❑. f yes, specify species. 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 roust he shown on the reclamation map. There are no high wall areas proposed. The main access gate will be locked. APPLICATION FOR A MINING PIP" 4. Indicate the mcthod(s)of reclamation ofoverburden,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 such areas will exist as the entire site is marketable sand. 5. a. Describe reclamation of processing facilities, stockpile areas, and on-site roadways. No processing facilities or stock pile areas are planned or proposed.The main I-laul Road/Access will be left as a farm path for access to the pond. b. Will any on-site roadways be left as part of the reclamation? Yes ® No ❑. Ifyes, identify such roadways on the reclamation map and provide details on permanent road and ditch line slab ilizal ion. See map, original mine access road for approximately 1500 feet will be left as is. b. Describe the method ofcontrol 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 Environment and Natural Resources,Land Quality Section 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 waste will be left on site at end of each day. These type waste materials will be disposed at an approved landfill. APPLICATION FOR A MINING PERIIT 0 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 Division of Forest Resources, Department of Environment and Natural Resources; 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 Division of Forest Resources, Department of Environment and Natural Resources; 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 (tons/acre): FERTILIZER - ANALYSIS AND RATE OF APPLICATION (pounds/acre): SEED - TYPE(S) AND RATE(S) OF APPLICATION INCLUDING YEAR-ROUND SEEDING SCHEDULE (pounds/acre): [NOTE: Include Legumes] Seed Types: Seeding Dates: Seeding Rates: *See Attached Revegetation Plan* MULCH -TYPE AND RATE OF APPLICATION (pounds/acre)AND METHOD OF ANCHORING: OTHER VEGETATIVE COVERS—TYPE (S) AND RATE (S) OF APPLICATION INCLUDING SEEDING SCHEDULE (pounds/acre; trees/acre, spacing of trees/shrubs, etc): Revegetation and/or reforestation plan approved by: Signature Date Print Name Title Agency APPLICATION FOR A MINING PRMIT S E. DETERMINATION OF AFFECTED ACREAGE AND BOND Thefollowing bond calculation workvheel i.rto be used to establish an appropriate bond(based upon a range of$500 to $5,000 per affected acre)for each permilled mine site based upon the acreage approved by the Department to be affected during the Lye ofthe miningpermil. Please insert the approximate acreage far each aspec(of(he minims operation, that you intend to affect durlm the life of this mining permit (in addition, please insert the appropriate reclamation cost/acre for each categor'v from the Schedule of Reclamation Costs provided wilh this 'lica"an farm) OR you can defer to the Department to calculale your bond for you based upon vour maps and standard OR costs: AFFECTED RECLAMATION RECLAMATION CATEGORY ACREAGE COST/ACRE* COST 'railings/Sediment Ponds: Ac. X $ /Ac. — $ Stockpiles: Ac. X $ /Ac. _ $ Wastepiles_ Ac. X $ /Ac. _ $ Processing Arealhlaul Roads: 1.4 Ac. X $ /Ac. _ $ Mine Excavation: 7.2 Ac. X $ /Ac. _ $ Other: 1.4 Ac. X $ /Ac. _ $ TOTAL AFFECTED AC.;. 10.0 Ac. (TOTAL PERMITTED AC.: 10.0 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 onsile watercourses and wetlands. a) Internal Drainage 8.60 Ac. b) Positive Drainage 1.4 Ac. X $1,500.00 = $ SUBTOTAL COST: S Inflation Factor: 0.02 X SUBTOTAL COS,r: $ X Permit Life (1 to 10 years): INFLATIONCOST: $ TOTAL COST = SUBTOTAL COST + INFLATION COST = S Total Reclamation Bond Cost: S (round down to the nearest$100.00) APPLICATION FOR A MINING PAIT 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 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 ofthe 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 BV NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE "NOTICE" FORM AND THE "AFFIDAVIT OF NOTIFICATION" NOTICE Pursuant to provisions G.S.74-50(b 1)of'Ihe Mining Act of 1971,Notice is hereby given that W.Alton Ainsicv has applied on APR[L 28,2011 _ (Applicant Name) (Date) to the Land Quality Section,Division of Land Resources,North Carolina Department of Environment and Natural Resources, 1612 Mail Service Center,Raleigh,North Carolina 27699-1612,for(cheek one): ® a new surface mining permit, ❑ a modification of an existing surf au 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 he submitted by the applicant to allow disturbance within this area without re-notificution of adjoining landowners. fEre applicant proposes to mine Sand on 10,0 acres Ideated a ran ox.h (Mineral,Ore) (NUMber) (Miles) SOU'fll WEST __ of_CnIto is offlnear road Sk 1114115 (Direction) (Nearest'['own) (Number/Name) in TYRRE'LL County. "SEE. A'1-I'ACIIED 1NA111 FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAVIES 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 noliiy all owners of record,both public and private,of all tracts of land that are adjoining the mining pennit 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 he notified (that are within 1.000 Ieet of the mining permit boundary). In addition. the mine operator must also notify the ehief 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 lite above address within thirty(30)days of the issuance of this Notice or the tiling;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 cite above listed address as well as at the appropriate regional office. For information regardine the_snecifrrs of the proposed mining activity,Please contact thr applicant at the following telephone number: (252)796-7466 . For information on the training permit application review process,please contact the Mining Program staffat (919)733-4574. Please note that the Department will consider any relevant written cnrtunents/documentation within tltc nrovisit ns ul'[hc M inin Act of 1971 throe hoot theapplication review process until a final decision is made on the a licatiun. 1. SEE ATTACHED LIST W.Litton Ainsley (Addressce/Owner of Record's (Name of Appiicunt:Include Contact Person Name and Address) bt Con►pany Name, if Applicable) 2475 New Lands Rd.Colombia.NC 27925 (Date of Issuance of this Notice/ (Address of Applicant} Mailed to Addressee/Owner of Record) 0 W.ALTON AINSLEY MINING PERMIT APPLICATION: ADJOINING OWNERS LIST 1. UNITED STAES OF AMERICA, POCOSIN LAKES NWR, BOX 329, COLUMBIA, NC 27925 a. WASHINGTON, DC 20240 2. NEW COLONY FARMS, LLC , 1615 GOLDEN ASPEN DR., SUITE 104, AMES, 10 3. WILLIAM C. JACKSON FAMILY, LTD PARTNERSHIP, 2080 JACKSON RD, MOORESVILLE, NC 28115 4. LORELE DEWHURST, 2026 PHOEBUS ST., KILL DEVIL HILLS, NC 27948 5. JOSEPH T. BRICKHOUSE, JR 5588 NEWLANDS RD, COLUMBIA, NC 27925 6. FREEMAN FAMILY, LLC, PO BOX 374, COLUMBIA, NC 7. CASEY ARMSTRONG, 5268 NEWLANDS RD, COLUMBIA, NC 27925 8. MARIE ARMSTRONG, 5244 NEWLANDS RD, COLUMBIA, NC 27925 9. WILLIAM T. ARMSTRONG, 5218 NEWLANDS RD, COLUMBIA, NC 27925 10.CHRISTINE WEATHERLY, 3902 ROCKET RD, GREENVILLE, NC 27858 11.JOHN BORST, JR, % SHEILA DARDEN, 4521 WILLOW GREEN RD, NC FARMVILLE, NC 27828 12.HARLEY W. BRICKHOUSE, PO BOX 421, COLUMBIA, NC 27925 13.WILLIAM CLARKE, 5133 NEWLANDS RD., NC 27925 14.JAMES E. GRAY, 5111 NEWLANDS RD, COLUMBIA, NC 27925 15.SELDON BRICKHOUSE, JR.,5089 NEWLANDS RD, COLUMBIA, NC 16.DAVID AND SABRINA LIVERMAN, 5067 NEWLANDS RD., COLUMBIA, NC 27925 17.GLENN AINSLEY, 2557 NEWLANDS RD., COLUMBIA, NC 27925 18.CRAIG TUCKER, 5009 NEWLANDS RD., COLUMBIA, NC 27925 19.KENNETH CHERRY, 92 NORTH BAY RD, COLUMBIA, NC 27925 20.TYRRELL COUNTY ADMINISTRATOR, PO BOX 449 , COLUMBIA, NC 27925 ff-W-71 A PPPPPPPPP W�. .......... APPLICATION FOR A MINING PESIT • ,! AFFIDAVIT OF NOTIFICATION I, &6!J 4"A5/e V ,an applicant,or an agent,or employee of an applicant, for a new Mining Permit,or a modifica on of an existing Mining Permit to add land to the permitted area,from the N.C. Department of Environment and Natural Resources, being first duly swom,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary (including, where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, all owners of record of tracts adjoining these tracts, that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said owners of record at their addresses shown below, such notice being given on a form provided by the Department: (Adjoining Landowner Name) (Address) (see attached list) (Attach additional list if necessary) 1 do also attest that the following individual is the chiefadministrative officer of the county or municipality in which anypart of the Permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested, to said office at the following address: (Chief Administrative Officer Name) (Address) [i,c.: City Manager, County Manager, Mayor, etc.] p� n /. ENTER. County Manager ENTER P BoX 'l'lg C n h 4m60i►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 am within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S.74-50(b I)and 15A NCAC 56.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing that the above notices were caused to be mailed and to provide them to the Department upon request. aez! r aZ4 qI z-7 f I l Signature U Applicant or4 gent Date If person executing AM avit is an agengt or jm information: of an applicant, provide the following infoation: Name of applicant: i�iJtS Title of person executing/nAffidavit 0w� \ yU8 A) '`*Ksv40 5 arv_ A' ns lk r-I a Notary Public of the County of 7� Y'f e N , St*of No molina, do hereby certify that /`t-' Y`tt C� I -e,U aper.4lptJ befor0im this day and under oath acknowledged that t e above A avit was made by himlher. a �R _ 9�r Y ,,nn I ' %�l�Vilness my ha4and notarial se , this day of E- ,^,Yt CObyTY `p �oA114Y1 my Commission expires: W.ALTON AINSLEY MINING PERMIT APPLICATION: ADJOINING OWNERS LIST 1. UNITED STAES OF AMERICA, POCOSIN LAKES NWR, BOX 329, COLUMBIA, NC 27925 a. WASHINGTON, DC 20240 2. NEW COLONY FARMS, LLC , 1615 GOLDEN ASPEN DR., SUITE 104, AMES, 10 3. WILLIAM C. JACKSON FAMILY, LTD PARTNERSHIP, 2080 JACKSON RD, MOORESVILLE, NC 28115 4. LORELE DEWHURST, 2026 PHOEBUS ST., KILL DEVIL HILLS, NC 27948 5. JOSEPH T. BRICKHOUSE, JR 5588 NEWLANDS RD, COLUMBIA, NC 27925 6. FREEMAN FAMILY, LLC, PO BOX 374, COLUMBIA, NC 7. CASEY ARMSTRONG, 5268 NEWLANDS RD, COLUMBIA, NC 27925 8. MARIE ARMSTRONG, 5244 NEWLANDS RD, COLUMBIA, NC 27925 9. WILLIAM T. ARMSTRONG, 5218 NEWLANDS RD, COLUMBIA, NC 27925 10.CHRISTINE WEATHERLY, 3902 ROCKET RD, GREENVILLE, NC 27858 11.JOHN BORST, JR, % SHEILA DARDEN, 4521 WILLOW GREEN RD, NC FARMVILLE, NC 27828 12.HARLEY W. BRICKHOUSE, PO BOX 421, COLUMBIA, NC 27925 13.WILLIAM CLARKE, 5133 NEWLANDS RD., NC 27925 14.JAMES E. GRAY, 5111 NEWLANDS RD, COLUMBIA, NC 27925 15.SELDON BRICKHOUSE, JR.,5089 NEWLANDS RD, COLUMBIA, NC 16.DAVID AND SABRINA LIVERMAN, 5067 NEWLANDS RD., COLUMBIA, NC 27925 17.GLENN AINSLEY, 2557 NEWLANDS RD., COLUMBIA, NC 27925 18.CRAIG TUCKER, 5009 NEWLANDS RD., COLUMBIA, NC 27925 19.KENNETH CHERRY, 92 NORTH BAY RD, COLUMBIA, NC 27925 20.TYRRELL COUNTY ADMINISTRATOR, PO BOX 449 , COLUMBIA, NC 27925 � ; S 1 lit �,t 1(Yy r` ' { - 1 r /(/y/(/�r t * i * 4 w � .�•�,/�/� ri ~ 1�`•+ \\ \`\ a�\V � '`•1• �,},;t�. 1 i f /rvtift`, : '"fp �• �F! r t /%. ` ` Awl \ * • � t SKr" +. r ""./� '_ try' � \ 3 Tyrrell CounAty� NC ` Pence!Number T05601001 Bak Date: 20070802 Y •l• Account i See Price'. Owner Name: AINSLEY ALTON&RO5A Land Value. 39" PROPERTY MAP Owner Names: 2475NEWiANDSRD Bldg Value, 0 - OwnerAddress: COLUMBIA NC 27925 Other BM9 Value', 2600 Notes 1: NER ND5 RD Total Value: 39" N s�vu w.ee veww.i.o.mue•ik,...imxmi.aumnuw«n. Notes 2: Year Built'. 0 Dead Back: 213 Abres', 0 Deed Page: 577 One Inch=600 Feet APPLICATION FOR A MINING PERMIT G. LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S. 74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S. 74-59. LANDOWNER: APPLICANT: Signature: V Signature:* Print Name: W. Alton Ainslev Print Name: _ W. Alton Ainslev (Title, if applicable) Company Title: Mine Owner/Operator (If applicable) Address: 2475 New Lands Road Company: Not Applicable Columbia. NC 27925 _ Mine Name: W. Alton Ainsley Mine Telephone: (252) 796-7466_ Telephone: (252) 796-7466 Date Signed: _S`� z R-- I I Date Signed: *Signature must be the same as the individual who signed Page I of this application. One orizinal and five (5) conies of the completed application, six (6) copies of all location mans, mine mks and reclamation maps, and the appropriate processing fee (see next page for fee schedule) in the form a check or money order payable to the North Carolina Department of Environment and Natural Resources must be sent to the Land Ouality Section 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) 733-4574. APPLICATION FOR A MINING PERK' • MINING FEE SCHEDULE A nonrefundable permit application processing fee when Filing for a new mining permit,a major permit modification or a renewal permit is required as follows: 0-25 acres 26+acres New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Renewals $750.00 $1,000.00 Transfers/Minor Modifications* $100.00 $100.00 ` A nonrefundable 5100.00 permit application processing fee is required for minor permit modifications. Minor permit modifications include ownership transfers,name changes,bond substitutions and permit renewals where the mine is inactive and fully stabilized. A minor permit modification also includes lands added to a permitted area, outside of the minimum permit huf er zone requirements,where no plans for mining related disturbance of the added lands have been approved. All other changes are considered major permit modifications. Acres for new permits and renew-al permits means the total acreage at the site. Acres for major modification of permits means that area of kind affected by the modification within the permitted mine area,or any additional land that is to be disturbed and added to an existing permitted area,or both. ' APPLICATION FOR A MINING PERIV 19 SCHEDULE OF RECLAMATION COSTS (Based upon range of$500 - $5,000 per affected acre) COMMODITY CODES: SG = Sand and/or Gravel, GS=Gemstone, Borrow= Borrow/fill dirt.CS=Crushed Stone, DS = Dimension Stone, FS = Feldspar, MI = Mica, LI = Lithium, PF= Pyrophyllite, OL = Olivine, KV= Kyanite/Sillimanite/Aiidalusite, PH =Phosphate,CL=Clay/Shale, PE=Peat,AU=Gold,TI =-Fitanium,and OT = Other Type T/S Ponds S.Piles W.piles 1'.area/H.R. Mine Excay. SG, GS, $500/ac.(L) $1800/ac. $2000/ac. $1800/ac. $500/ac.(L) Borrow 1500(1-I) $2000(13D) CS, DS, 500(L) 1800 2000 2000 500(L) FS, MI, 1500(1--I) 2500(PD) L1, PF, OL, KY Pli 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) Cl- 1000(L) 2500 5000 5000 2000(L) 2500(FI) 3700(PD) PE, AU, 1000(1,) 2500 3000 3500 2000(L) 2500(17I) 5000(PD) (L) = reclamation to a lake and revegetating sideslopes (FI) = reclamation by Filling in and revegetating (PD) = reclamation by grading for positive drainage & revegetating AS PER NCAC 15A 5B4O003, IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE 13OND 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, Land Quality Section, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING, AS A MINIMUM: • FINAL GRADING COSTS PER ACRE • LIME AND FERTILIZER COSTS PER ACRE • YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE (FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) • MULCH AND ANCHORING COSTS PER ACRE • ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OFTHE DIRECTOR'S FINAL BONI)DETERMINATION. `CR1W`' SCALE 1"=150 ' 1105 110 0 150 300 i 1108 106 l!I)Z \ \ Not DOL.aN FMLE �i N / \ 1105 3 ] 105 _. . . r/ /%'r CL 30' HAUL RO FROM `A ' R/W SR 1105 TO PIT f3RIVq j BOUNDARY DEED LINE `��. marm. - 112 ,'� F / // LINE DISTANCE BEARING R1 355.70' N 4-36'34" 1105 Q LOT SITE M 204.81- N46.30`09'N ADA114M NAP Z Q ' ' R5 151.22' N49 53'28•W AD 47.JI' N55'05'02-Y �\/Q M1 • /J' Rl 48.06• N67120'04•N [ 1105 /' /' AD 48.4f' NB5'3T'35"W \ �`\:� 0 A9 0.82' $72'32.50'N RIO 47-43' 556'45'30-W //l' All 46.88' 841150.23'N VICINITY NAP NOT TO SCALE / pt2 I6.11' S3253'93'w \ R13 48.42' 1'f6'A2•M �� �,�_}, Q R14 TR.72' Sf095'l9'w \ \ fO /' Ppi 7�� QM1 ,SAT\ ',y airy, NEW COLONY FARMS 1 - f /' 25'hI1NE%CUYATEO BUFFER, i �~ ' ♦19 O Y 9 ql ' � '�0 BEARINS AND DISTANCES ARE NC GRID loop ' ,4�tii \\yqG 56 0 ' NAD 1983/86 COMBINED SCALE FACTOR - 0.99992327 R4 /I'/ e s PL /�� � ml �aY r/ FN ae ' / {3' 'Y ♦ \ \W AT CAB. B 9L. B] 6 AAy� W l� PERMIT BOUNDARY CALLS 4 �� 9 � 0.04 ACRES LINE BEARING DISTANCE `\ /v ``♦ ` `�` 49V{, 1l S , / •.' Hf` BI S42.18-40-E 112.01' B2 SM-54.57•W 815.32' j4.giy �'[ n% PII r' \ ♦ 83 N52'l3'28•W 243.61' $'W' A ;4 p fd /' \T NIa 85 Nffi'54'19-W 108.55' `\ tiq iH.m W O� ` ilk 08E A�L00 O6 N49.49.00-E 487.92' ♦ �WyO tiry0 ± �\ `Op O `�♦ �f" - / FFp fTp1 AT Nd]'15'02-E f9B.33' qF 4p �+iv . 3 V P♦`` M N72.28'39-E 172.83- PERMIT BOUNDARY 89 S42-18.25-E 132.21' sty Bf0 342'I8'4WE 37JS' 15.f1' \\ `A` N36'fE'24•E .. • ADamMERS nP �m ,� e7.57• \ A'� P /tom ``. q M38'15'12'E ♦ \ 7� OC�HJ 4v��0a�!0� � � � ` qA I�1L�� �` `P FARM BOUNDARY CALLS eSyRy 2 4 0-�U / /� `pia• 6`:a `�/ LIME DISTANCE BEARING Lf 149.99' N39'0B'40'E LEGEND 9 'tiS,�)'a � 12 ♦♦ ma 5e1 e�`♦ yf L2 45.10' NSA 59'30-E LINES SURVEYED SS Pp 0 ti�C'/y l / ♦♦ Nbi�o' r�4 `� - LINES NOT SURVEYED 9f ti��Q'/ O qA '�♦QC' `� r ` e O'� ' L3 109.99' N3B 59'30•E CL - - - - CENTERLINE 'F pvv W� 0 /~♦ ` 11 ♦ // .�.�. ♦ e7 �( 4♦✓ L4 f09.90' N38'59'30'E CMS - - - CONCRETE MONUMENT SET •$•�7ry. ypp444~ � ♦ j ) fib` ` 0�' ` AY LS 57.32' 824'01'56'E ECM - - - EXISTING CONCRETE MONUMENT ADJDINENB `�A` ADARNE S MAP ?'O mot'P$t/ 00 ApNO �♦ / �^ ` ♦♦ 4 `♦ M L6 45.60' N39-41.47-E EIA - - -EXISTING IRON AXLE AIO O® Q•�/b ryA er W y4 (�` 4.♦ © ` ♦ g ♦ y!i ♦ ' L7 104.M' N38-46'57-E EIP - - -EXISTING IRON PIPE tq $ ' `d `♦ ` IT L8 104-85- N38'17-Ofi-E EIfl - - -EXISTING IRON ROO .✓ $ 30 P /�,. ♦ �, ♦ L9 104.85' N38'11.04•E ER97 - - -EXISTING RAILROAD IRON e�, �sg(, } ♦ �, ` L10 103.26• N3B'ae'S6'E ERRS - - -EXISTING RAILROAD SPIKE Y` A `` `Y/ Lll fis 99- N3T-39'45•E -EXISTING Pk NAIL / `S 'A ♦ .� ♦ Lf2 f 15 99' N37-12'47-E NIR - - -MEN IRON R00 �'�..,•. , , X $+ ♦``♦♦ Y / L14 115 99' N3633 30•E NIP - - -NEW IRON PIPE r NJ Q+ Y RRSS - - -RAILROAD SPIKE SET p i'?d `f ' S3 « ♦ ♦ / L16 499. - N55'05'S E 4' gq 4 F\ / S>3• ' ` w L16 30.00' N3633 30-E R1W - - -RIGHT OF WAY 4>O 4, 4$• sP, GO PI /l 16•W FFF 1 LS] 4f2.BT 555.0515-E DB. - - -DEED BOOK N� ' -W, '40 537• ' . poll - -POINT OF BEGINNING t18 4J 05' T LIB 495.38' S5SSS'12-E P ' 4ti. � 59'M L19 398.92' S95'OS'42'E NPS ®- - -NO POINT SET 'N 7jS ),if 17g � +, vy el'13. L�2f 387.08' 555.05'15'E MNS - - -MAO NAIL SET A[s r A59• 8.5' a ROADWAY CALLS Em - - -EXIST. NAG NAIL SB NO,y 5)'26- • 2O• L22 391.J8' 551•29 06'E SSS - - -STAINLESS STEEL SPIKE (COTTON SPINODE) $ 49 N `EI821P 4 LINE BEARING DISTANCE L24 3M.99' S4B'32'DO-E BR RI NM'06'2PE 89.21' L24 375JB' Sdd 32'00'E ESSS - - -EXIST. STAINLESS STEEL SPIKE (COTTON SPIFIOLEI rCK m"8'01'�"e�h�ma p2 NM'11'26-E 84.05' PKNS - - -PK NAIL SET Dan .au L25 375.88' S41'O1'4 'E EAI - - -EXISTING ANGLE TRDN STATE OF NORTH CAROL INA p3 N39'5315-E 78.3t- LED 3F4.8B' SMI.01 40'E AVF - - -NOW OR FOAYERLY catevrY OF TYRRELL R4 N38.53'1YE 71.6a• ,S R5 N38.O'If E 99.01' L28 127.E5- S40'I5.10•W CP - - - PLATCOArUTEO CAB POINT Z. BILLY A. LEGGETT. certify Mat this plot was Drawn L28 f27.85• S40't5-10•W PC - - - PLAT CABINET f' R6 NL38.35'55-E 87.85' Dan 127.65' MO-15'10-M SL. - - - SLIDE M SLOT antler my supervision from an actual peril Bl survey made R7 N38'17'59'E 85.82' Lap 127.61' S10 Y5'10'N TP - - - TELEPHONE POLE OR PEDISTA. under my sp rvfaidn• (deed deecriptlon recorded 1n AS N38-04.38-E 85.11' L31 If6.M 840-15-12•W p9 N38'03'35'E 88.4V L32 U6.40' 940.15.11-W LP - - - LIGHT POLE. STREET OR SECL49ITY LIGHT Book z 19 Page 577 etc.) father): that Me boundaries RIO N3757'MB E al.OR L33 116.4 - SAD-15'tl-W <�\ P.I. - - - POINT OF INTERSECTION not surveyed are Clearly indicated es drawn from lnforaatlon All N37'95'04-E 86.93' �j L31 I15.45' 940.15'11-W /OWitl In Badk 213 PBOB 577 that the ratio of µf11At1py P12 N37.27 V9-E 87.21' LID 109. ' N39'00'40•E OWNED 8Y COMPANY precision as calculated is }: f0. 000 TRAY. that this plat was ASH CARO'4 RI3 N36.53'57'E 86.63' L36 f09.99' H3859'30'E W. AL TON AINSLEY LEG ET LAND SURVEYING. PA fLIC / C-0332) JSy C•,A Rf4 N37.08'52'E 106.z7' L97 f09.99' N3B'59'30'E P. O. 1021 PLYWOUN NORTH CAROLINA 27W NOT prepared in accordance with G.S.47-30 as mantled. qY L A'i5 38 209.98- S2'15-E 2475 NEW LANDS ROAD, COLUMBIA• NC 27925 1528 MILL rNN ROAD• WILLIAMSTM NC 27892 Survey 1s for mining permit boundary location � = Q 'r w L39 209.98' S4552'15-E end does not represent an actual farm tract boundary survey. 6 SEAL TELEPF/ONE 252-796-7466 PHONE:' 252-792-7796 FAX: 252-793-9498 Witness my original sl9nature- license number and L-2b16 Q TOWNSHIP: COLUMBIA SCALE' 1 "=200 ' DATE.' lld9-Zofo pA C seal this _25 TH gYay of APRIL 2pff +( COUNTY.' TYRRELL SURVEYED BY: � BRL, MEL. DJM � (/' STATE.' NORTH CAROLINA CHECKED B CLOSURE BY.' BRL ZONE: TAX MAP. PIN R SHEET W. I OF 2 PROFESSIO t L IIRVEYOR LICENSE A SER L - 2515 MIf� ING p [plMl- -� -- Y - I � A A L L T Y P I C A L S M A Y NIT APPLY TYPICAL SECTION 30 R/W SOIL ROAD TYPICAL SECTIONS w' a' 'n .. S I �U a f' u OQ nl � 1 m TEMP . SILT BASIN 15.0 ' —is—o— am JS TYPICAL SECTION TEMPORARY EFCUVATI ON PILE (I1i 51 4 FT WEM LOCATED WITHIN LIMITS OF DISTURBANCE UNEXCUVATED AREA FLOW 25' (MINIMUM) 5' r VARIABLE SLOPE I Bg T + e P m NA EV VOR PIT BOTTOM RECLAIMATON CROSS SECTION (NTS) NORMAL GROUND o, A " DEPTH VARIES STRUCTURE LEGEND MINIMUM ANCEraucnDN PAD ENTRAiMCEu mi_____________ _WATER.LEVEL. LVARIESI_.... ..... ------LnREE - m o lam, Lm THREE i _ CHECK DAM/WIER WOOD/ROCK/OTHER + 50 ' MIN . r m`-- — ---_-- in TWO IWo GRADED F 5 STONE DR LARGER TO 8 - - - - TEMP . SILT BASIN a —x—x— - - - - SILT FENCE BOTTOM BURIED +/- 6 INCHES ALL FLOW 0.2' PER 100' OR LESS ,,,� FLOW - - - - WINTER AND EARLY SPRING - SEEDING DATES. JAN. 1 - MAY 1 AREA UPWARD OF CHECK DAMS TO BE SILT BASINS SPECIES RATE (LB/ACRE) RYE - GRAIN 123 ANNUAL LESPEDEZAR 50 R OMIT ANNUAL LESPEDEZA WHEN DURATION OF TEMPORARY COVER IS NOT cnnwa.L sane TO EXTEND BEYOND JUNE. STEEL TYPICAL CROSS SECTION W a-G' G.C- ROCK CHECK DAM SILT-i-OR-FILIEA SUMMER - SEEDING DATES: MAT 1 - AUG. 15 RIP-RAP STONE (AI OR (BI FABRIC FORCE SPECIES RATE (LB/ACRE) OR EWAL. y4Af ___ "____._'_"___ __"__ --"'� """ ------'---- x• v c roG N[RE GEflMAN MILLET 40 ABLE T 12' /- WIER I' MF,RlAO� "ISTING t m SUDAN GRASS (SMALL - STEMMED) 50 GACRFR.L FALL - SEEDING DATES: AUG. 15 - DEC. 30 _ s• FLAP SPECIES RATE fLb/ACRE) s RYE - GRAIN 120 MGrE: SILT FEM¢B ARE GtlIW.E Mow r O.C. wn SOIL AMENDMENTS FOLLOW SOIL TESTS OR APPLY 2, DOD LR/ACRE GROUND AGRICULTURAL S FENCE LIMESTONE AND 1, 000 LB/ACRE 10-10-10 FERTILIZER. SILT FE _ N.T.S. MULCH APPLY 4, WITH LB/ACRE OF CLEAN GRAIN STRAW, ANCHOR STRAW 9V GRASSED EARTH BERM DETAIL TITHING WITM ASPHALT, NETTING OR MULCH ANCHORING TOOL A DISK WITH GLADES SET NEARLY STRAIGHT AS A MULCH ANCHORING TOOL IF USED RATHER THAN SILT FENSE MAINTENANCE - WINTER - SUMMER INSTALLATION REFERTTLTZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE AND MULCH IMMEDIATELY FOLLOWING EROSION OR OTHER DAMAGE. MAINTENANCE - FALL INSTALLATION REPAIR AND REFERTILIZE DAMAGED AREAS IMMEDIATELY. TOPORESS WITH x 50 LB/ACRE OF NITROGEN IN EARLY SPRING. IF IT IS NECESSARY TO ¢ 4 4' EXTEND TEMPORARY COVER BEYOND JUNE IS. OVERSEED WITH 50 LB/ACRE w I ry I KOBE LESPEDEZA IN LATE FEB. OR EARLY MARCH. ¢ UNEXCUVATED AREA Q 1T SURFACE FLOW TOWARD PIT _Q I � r N ' ,